This License Agreement (hereinafter referred to as the “Agreement”) shall regulate the relationships between VK LLC, hereinafter referred to as the “Licensor”, and you, hereinafter referred to as the “Licensee”, on use of the Licensor’s MyTracker Service.
If you accept this Agreement, the Licensee shall agree with the terms and conditions hereof fully and implicitly. If the Licensee does not accept this Agreement to full extent, it shall have no right to use the Library. Current version of this Agreement is available at the website: https://tracker.my.com. The version of the Agreement shall be effective since it is published at the abovementioned website.
1. Terms and Definitions
1.1 MyTracker Service, the Service — an analytics service available through https://tracker.my.com, including a mobile version of that site.
1.2 the Library — a software development kit (SDK) MyTracker being a software package for the Electronic Computing Machine aimed at integration (installation) into the mobile applications in order to acquire data on its use (installation data, application start-up rate, application use duration, etc.). The Library transfers such data to the Licensor’s server and the Licensee may look through it at the Service interface.
1.3 the Counter - a software application intended to collect information about the traffic on the Licensee's website.
1.4 Resource - the Licensee's website/mobile application in which the Licensee has integrated (installed) the Counter/Library to obtain information on the use of the Licensee's website/mobile application by users (hereinafter referred to as ‘‘End Users’’).
1.5 the Licensor — VK Limited Liability Company (Taxpayer Identification Number (TIN): 7743001840, Primary State Registration Number: 1027739850962, legal address: Russian Federation, Moscow, Leningradsky Prospekt 39/79, 125167). The Licensor is the right holder of the exclusive rights for the Service, the Library and the Counter.
1.6 the Licensee — a person or legal entity being able and legally capable to enter into this Agreement. The Licensee is a Party hereto.
2. Terms and conditions of adherence to this Agreement
2.1 Prior to the Service use the Licensee shall carefully read the text of this Agreement.
2.2 Adherence of the Licensee hereto shall be executed through active actions of the Licensee (ticking “I agree with the terms and conditions of this Agreement” in the relative bar) or by using the Service; according to the Article 435 and 438 of the Civil Code of the Russian Federation it shall mean that you agree (accept) with the Licensor’s offer and enter into the License Agreement resulting in the Licensee being bound by the terms and conditions hereof.
2.3 By means of the every next use of the Service the Licensee agrees with the terms and conditions hereof represented by the version valid at the moment of the Service actual use.
3. Registration and/or authorisation procedure on the Service
3.1 The Service is a service of the VK Ecosystem (https://vk.com/vk_ecosystem_services). Registration and/or authorisation of the Licensee on the Service is performed via the VK ID tool, which is a tool of the VK Ecosystem. The VK Ecosystem is a common space of interaction between users, services and specialised tools designed to improve the usability of services familiar to users.
Registration and/or authorization in the Service is possible via VK ID, which is a tool of the VK Ecosystem. VK Ecosystem is a common space for interaction of users, services that are a part of the Ecosystem, and specialized tools aimed at making familiar services even more convenient to users. The VK ID tool, provided by V Kontakte LLC (OGRN 1079847035179, location address: 191024, St. Petersburg, ul. Khersonskaya 12-14, lit. A, pom. 1-N), allows for User's registration and/or authorization in the Services, has a functionality for creation and support of the user's account in the VK Ecosystem, provides the user with all-in-one control function for account data in the VK Ecosystem, autocomplete user data in the services of the VK Ecosystem as well as enabling and disabling services needed for the user in the user's account in the VK Ecosystem, for the purposes of fulfillment of agreements concluded with the user of the VK Ecosystem.
Registration and/or authorization in the Service via VK ID means that the Licensee accepts the User Agreement of the VK Ecosystem, which is in open access online at https://id.vk.com/terms, the Privacy Policy of the VK Ecosystem, which is in open access online at https://id.vk.com/privacy, this Agreement.
During registration, additional data required for registration on the Service may be requested.
3.2 After registration and/or authorisation on the Service, the Licensee gets access to the Service and is entitled to use the Service within the limits defined by this Agreement.
3.3 The person or a legal entity authorized at the Service is deemed the Licensee hereof.
3.4 While the Licensee uses the Service, cookies may be applied in order to automatically authorize the Licensee at the Service as well as to acquire statistics data.
3.5 The Licensee is entitled to limit or restrict use of cookies through applying the relative browser settings.
3.6 Shall the Licensee be unable to authorize at the Service due to the password loss or any other reasons, except for the terms and conditions execution, the Licensee is entitled to apply to the help desk of the Licensor via email: support@tracker.my.com. The directions to restore access to the Account are regulated by the Licensor’s help desk.
4. Terms of use of the Service, the Library and the Counter
4.1 Under the terms and conditions of this Agreement the Licensor shall grant the Licensee with the right to use the Library and/or the Counter (hereinafter ‘‘Library’’ and ‘‘Counter’’ are collectively referred to as ‘‘Library’’) upon simple non-exclusive non-transferred royalty-free license in the following ways:
4.1.1 integration (installation) of the Library into the Licensee's Resource.
4.2 The Licensee is entitled to use the Library within the limit stipulated by this Agreement, on the territory on which the Library is available.
4.3. The right to use the Library is granted to the Licensee for an indefinite term until this Agreement is terminated by the Licensor or the Licensee.
4.4. The data and information collected through the Library is accessed through the Service.
4.5. The Licensee is not entitled to:
4.5.1 reproduce, distribute, process the elements of the Library, being the Licensor’s or the third party’s copyright object, for commercial or non-commercial purposes if the relative copyright holders do not provide their consent for such actions;
4.5.2 reproduce design or user interface elements of the Service, except such is directly provided by the Licensor;
4.5.3 sublicense or otherwise transfer the right to use the Library granted to the Licensee to other Licensees or the third parties;
4.5.4 use the Library as a basis to develop the software product with the same functions as the Service;
4.5.5 violate the terms and conditions for the Library use stipulated by this Agreement;
4.5.6 otherwise use the Library not stipulated by this Agreement.
4.6 The Library, including the data it contains, can be used simultaneously with the Mail.Ru Rating Counter (Top.Mail.Ru) https://top.mail.ru/ , which belongs to the Licensor. By accepting this Agreement, the Licensee confirms that he agrees to the transfer of data and information from the Library to the Mail.Ru Rating Counter (Top.Mail.Ru), and that he has agreed to the License Agreement published at https://help.mail.ru/legal/terms/top/LA/eng.
5. Rights and obligations of the Licensor
5.1 The Licensor currently manages the Library and the Service, independently determines its structure, appearance, grants or restricts access of the Licensees to the Library and/or the Service if the terms and conditions hereof are violated and executes other rights it holds.
5.2 The Licensor is entitled to:
5.2.1 at any time to modify the design and the user interface of the Service, its content, content of the functions provided, to modify or supplement the scripts used, the software and other objects used or stored within the Library and/or the Service, with prior notice of Licensee or otherwise;
5.2.2 suspend, limit or restrict access of the Licensee to the Library and/or the Service at any time without explanation, with notice or otherwise;
5.2.3 distribute information messages to the Licensees (including via email);
5.2.4 for the purpose of acquiring statistics data and identification of the Licensee, to install and save information on the access URL of the Licensee to the Library and/or the Service, to use the technical information files (cookies) localized at the Licensee’s PC.
6. Rights and obligations of the Licensee
6.1 The Licensee is entitled to:
6.1.1 chose the data acquisition settings within functional capabilities of the Library available at the Service;
6.1.2 perform other actions not proscribed by the applicable law and by this Agreement, related to the use of the Library and the Service.
6.2 The Licensee is obliged to:
6.2.1 comply with the terms and conditions hereof without limitation;
6.2.2 prevent exceeding the limits of the rights to use the Service and/or the Library granted and stipulated by this Agreement;
6.2.3 prevent otherwise violating of the intellectual property rights of the Licensor related to the Library and the Service;
6.2.4 comply with the instructions and guidelines of the Licensor. Shall the Licensee violate complying with such instructions, the Licensor shall have the right to suspend, limit or restrict the right of the Licensee to use the Library or/ and the Service;
6.2.5 intermittently read the content of this Agreement in the Internet at the address: https://tracker.my.com and track amendments thereto;
6.2.6 provide at the Licensor's request, within the period specified in the request, information and documents that confirm the performance of guarantees from clause 6.3., the existence of other rights of the Licensee to conclude and perform the Agreement;
6.2.7. comply with other requirements and execute other liabilities provided by this Agreement.
6.3. The Licensee warrants that it
6.3.1. has notified End Users that the Library may collect information about them which will be available to the Licensor; the Licensee also undertakes to inform End Users of the ability to opt out of the collection of such information;
6.3.2. has obtained consent from End Users for the collection and processing of their data through the use of the Library;
6.3.3. has all sufficient rights to use the Resource within the use of the Service, integration (installation, placement) of the Library into the Resource does not violate the rights of third parties and the requirements of applicable law.
7. Warranties and disclaimer
7.1 The Service, including its all elements, is provided as it is. It means that the Licensor shall bear no responsibility for malfunctions arisen in course of the Service use as well as provides no guarantees that the Service and its elements may meet certain purposes of use. The Licensor may not guarantee and warrant any specific results of the Service or its elements’ use.
7.2 The Licensor shall bear no responsibility for any possible failures and breakdowns during the Library and/or the Service operation and any resulting loss of information. The Licensor shall bear no responsibility for any damage inflicted to the Licensee’s PC, mobile devices, any other equipment or software caused or related to the use of the Library and/or the Service.
7.3 The Licensor shall bear no responsibility for any damage, including denied profit, or injury inflicted during the use of the Library and/or the Service or due to the inability to use the Service/ Library, including due to the blocking of the Licensee's and/or user's account in the VK Ecosystem or the termination of the operation of the VK Ecosystem.
7.4 The Licensor has the right at any time, without notice to the Licensee and without explanation, to suspend access to and ability to use the Service and/or obtain data available through the Service, without reimbursement of any costs, losses or refunds received under the Agreement, including in the event of any single breach by the Licensee of the terms of this Agreement.
7.5 The Licensee warrants that it shall take all required measures to ensure confidentiality of the accounting data (login and password) used by it to authorize at the Service and prevent authorization by the third parties.
7.6 The Licensee warrants that it has obtained all required authorizations to enter into this Agreement.
7.7 The Licensor is not obliged to provide the Licensee with any evidence, documents and other means witnessing the Licensee’s violation of the terms and conditions hereof resulting in the Licensee being restricted to access the Library and/or the Service and/or such access is limited and/or restricted.
8. Duration of this Agreement
8.1 This Agreement shall be deemed terminated if:
8.1.1 The Licensor takes decision on amendment of the provisions hereof, on requirement to enter into the new Agreement with the Licensee, termination of this Agreement related to the Licensee, cease of management and maintenance of the Library and restriction of access thereto or restriction of access to the Library and the Service related to the Licensee.
8.1.2 The Licensee takes decision on termination to use the Library and the Service through deletion of the Library from the Resource and/or deletion of its account at the Service by the help desk at the address support@tracker.my.com.
8.2 The Licensor is entitled at any time to terminate this Agreement with notice to the Licensee or otherwise, moreover, since termination of the Agreement the Licensee is obliged to fully cease its use of the Service and delete all copies of the Library within 5 days of sending the notice.
8.3 This Agreement does not provide for assignment of any exclusive rights or issue of the exclusive license for any elements of the Library and the Service by the Licensor to the Licensee.
9. Standard Contractual Clauses
9.1 In the event that Licensee is subject to the requirements of the Regulation (EU) 2016/679 of April 2016 on the protection of natural persons with Regard to the Processing of Personal Data and on the free movement of such data, (General Data Protection Regulation), the processing of Personal Data, that the Licensee transfers to the Licensor shall be shall be governed by the terms set forth in the Standard Contractual Clauses available at: https://tracker.my.com/ru/legal/standard-contractual-clauses, which is incorporated into and made a part of this Agreement.
10. Final provisions
10.1 This Agreement may be amended by the Licensor without any prior notice. Any unilateral amendments hereof by the Licensor shall become effective at the date following the date such amendments are published at the Service. The Licensee is obliged to independently examine the Agreement for any amendments. Shall the Licensee fail to read the Agreement and/or any amendment thereof, such action may not form a basis for the Licensee not to execute its liabilities and not to comply with the limitations provided by the Licensor, stipulated by this Agreement.
10.2 Shall one or several provisions hereof is rendered invalid by the effective court decision taken according to the established procedure, validity of the Agreement in general for the both Parties remains unaffected. Shall one or several provisions hereof according to the established procedure is rendered invalid, the Parties of this Agreement are obliged to execute the liabilities they are bound with under this Agreement to the extent closest to the liabilities deemed by the Parties upon entering into the Agreement and/or agreed amendment thereof.
10.3 This Agreement and relations of the Parties related hereto and to the use of the Service are regulated by the legislation of the Russian Federation.
10.4 The provisions of the Civil Code of the Russian Federation apply to the form and method of entering into this Agreement.
10.5 All disputes of the parties resulting from this Agreement are to be resolved through communication and negotiations under the mandatory pre-court (extrajudicial) procedure. Shall the Parties fail to reach agreement during negotiations within 60 (sixty) days since the Party receives the written claim of the other Party, dispute settlement shall be transferred by any interested Party to the court within the jurisdiction of the Licensor’s location address (except the court case is subject to the jurisdiction of the other courts).
10.6 Any issues related to execution of this Agreement are to be addressed at the Licensor’s location address: 39 bldg 79, Leningradskiy prospect, Moscow, Russia, 125167.
Amendment dated October 1, 2024.
