Privyet provides access to privyet.ru Website and its features on the terms set out in these User Terms of Service. Privyet Website and the tools (the “Service”) it offers are designed to allow Users to post offers (requests) to provide and request short, personalized texts, audio and video messages from actors, musicians, athletes, influencers, public figures, and other well-known personalities registered on privyet.ru website (the “Creators”). They also provide the Creators and Users with opportunities for different potential interactions.
Please read these User Terms carefully before accessing and using privyet Website (including all of its domain levels) and any Service provided by privyet. You must accept all terms and conditions set out in these User Terms (the “Terms”). These Terms are a public offer as set in Article 437 of the Russian Civil Code.
The Terms also apply to the relationships related to the rights and interests of third parties that are not Users of the Website, but whose rights and interests may be affected as a result of the Website Users’ actions (inactions).
TERMS USED IN THESE USER TERMS OF SERVICE
Privyet Website under these Terms means the internet platform at www.privyet.ru (including any of its variations operating as of the date of acceptance of these Terms by Users and those launched and put into operation during its entire validity term) available to Users through the website, applications, and other resources, constituting an intellectual property in the form of computer software. The website is a collection of data, commands, and generated audiovisual images (including graphic images and user interface that are part of it) intended for the operation of a computer to obtain a certain result from organizing the internet platform’s services.
Website Administration under these Terms and other special documents posted on the Website means Limited Liability Company PRIVYET (Main State Registration Number (OGRN) 1217700070103, Taxpayer Identification Number (INN) 7734440625, address: 123308, Moscow, an external territory of city Khoroshevo-Mnevniki municipal district, ul. Mnevniki 6, Unit IV, Office 5) (the “Website Administration” or “privyet”).
User under these Terms and other special documents posted on the Website means an individual who has placed one or more Requests on the Website for a Creator selected by the User to provide an announcement, message, or informational material, including text, graphic, audio, and video materials (the “Content”)
Service means the hardware and software package as well as the databases posted on the Website which allow Users to make Requests for personalized or non-personalized announcement, message, or informational material, including text, graphic, audio and video materials (the “Content”) from a chosen Creator as well as find out information about offers for their creation, also allowing the User to pay for the Content ordered by bank transfer using the services of the Bank and the User’s Card (card details). An example of a message that can be requested by a User and provided by a Creator is a video recorded by the Creator to wish a happy birthday to the person specified by the User. Most of the Content is supposed to be congratulatory or other similar messages. Such messages are usually intended for personal use and are not intended for commercial use by organizations for advertising or other similar purposes.
Content means the announcements, messages, and informational materials, including text, graphic, audio and video materials provided by a Creator at the User’s request. A video birthday greeting recorded by the Creator selected by a User is an example of Content. Most of the Content is supposed to be of congratulatory or other similar nature. Content is intended for personal use by individuals and is not intended for commercial use by organizations, i.e. for advertising or other similar purposes.
Request means a message from a User for a potential request for provision and receipt of personalized Content from a Creator by posting information on the Service. A request is an offer from the User to conclude an agreement on the terms and conditions specified in the Request.
Creator means any fully legally capable individual who is a well-known actor, musician, athlete, public figure or who is famous for any other reason, registered as a Creator on the Website to provide Content at the request of Users.
Services means the services provided for a fee by a Creator to create Content as requested by a User through the Service in compliance with the rules set out in these User Terms.
Service Agreement means the agreement concluded by a Creator and a User in using the Service for provision of Content by the Creator at the User’s request.
Bank means Joint Stock Company Tinkoff Bank (Central Bank of Russia License No. 2673, OGRN 1027739642281, address: 123060, Moscow, 1-iy Volokolamskiy proezd 10, Building 1) providing the Users with banking services on the terms and conditions set out in these User Terms.
Bank Payment Page means the Bank’s website interface used by the User to enter Card details and make and send an Payment Order.
Payment Order means the User’s acceptance sent to the Bank through the Website and the Bank Payment Page, containing information on this offer and the User’s order for the Bank to make a transfer based on the information provided by the User and the Website Administration.
1.1. The relationship between a User and privyet and the User’s access and use of the Service are governed by these User Terms and Russian law.
1.2. The User must read these User Terms before using the Website features and the Service. As soon as the User has sent a Request, he/she agrees to these Terms fully and unconditionally and confirms his/her full acceptance of these Terms in accordance with Article 438 of the Russian Civil Code.
1.3. As a condition of use and access to the Service, the User hereby represents and warrants that:
1.3.1 The User (individual), acting as a consumer, is at least eighteen (18) years old (or the equivalent age of majority in the User’s jurisdiction), or the User has his/her legal guardian’s prior consent;
1.3.2 All information provided by the User when using the Service is true, accurate, current, and complete;
1.3.3 The User possesses the legal authority to accept these Terms and use the Service in accordance with all the terms and conditions set out in these Terms and Russian law.
1.4. If the User does not fully understand, agree, and comply with these Terms or is unable to enter into legally binding contracts, the User may not access the Website and use the Service, and may not post Requests on the Service.
1.5. By sending a Request and continuing using the Service, the User confirms that he/she is responsible for ensuring that the information provided to the Website Administration and the Bank is accurate, current, complete, complies with Russian law, and is free from any third-party claims. This means that the User is legally entitled to use and provide information that is confidential or otherwise protected by law.
1.6. A Request for Content from legal entities (including for commercial use), as well as about the terms of providing such Content (price, terms and other conditions), is sent to the Site Administration at: email@example.com.
2.1. The User may use the Service only in accordance with these Terms and for the sole purpose of posting offers (demands) for the creation and purchase of personalized or non-personalized Content from the Creators selected by the User. The Service also provides the User with the opportunity to review information about the Creators who provide Content through the Services and about the deadlines, cost, and conditions for the production of Content.
2.2. The User may request the production of Content from a selected Creator by sending a Content Request to the Creator via the Service. Subject to the limited right of cancelation as set out in Section 4., the User must comply with the Terms as well as the requirements under the Content Request.
2.3. When a Content Request is made by the User via the Service, the Bank Payment Page is displayed in the Website interface to enter the User’s payment card details to make the appropriate payment. By entering the payment card details, the User gives a Payment Order to the Bank to withdraw the amount to pay for the Content for subsequent settlements with the Creator and the Website Administration. Through the Bank Payment Page, the Bank will debit (withdraw, freeze) from the User’s bank account the User’s payment for the Content requested by the User. Such payment will be debited in the amount specified in the Service. If the Creator declines the User’s Content Request within the timeframe set by these Terms, the amount paid by the User shall be refunded to the User’s same bank account as the bank account from which the paid amount was debited. Such refund shall be made within the payment processing terms as set by the rules of the payment system used by the Website Administration.
2.4. The Creator either sends the requested Content within seven (7) calendar days of the User’s Request (acceptance of the User’s offer) or declines to provide the Content requested by the User (no response means the Content request is declined, the Request has not been accepted).
2.5. Service is provided to the User for personal non-commercial use.
2.6. The User is notified and understands that the Website Administration, the Service, and the Bank do not provide Content production services and only provide the User and the Creator chosen by the User with a platform and opportunities for interaction. Content production Services are provided directly by the Creator chosen by the User even if the Website Administration or the Bank has been indicated in any payment documents by the recipient of the payment. The Creator produces the Content on his/her own and is responsible for its quality and content. The Website Administration and the Service itself are not responsible for the Content and/or quality of the Content provided by the Creators and do not guarantee that the Creator selected by the User will provide the Content as per the User’s Request (specification). The User will liaise on the acquisition of Content production services with the selected Creator independently (without the direct participation of the Website Administration) through the Service and in compliance with the rules set out for its use in these User Terms. The Website Administration is not responsible for financial and any other transactions completed by the User and the Creators without using the Service, as well as for any consequences of the purchase by the User of the Creators’ services through the Service.
2.7. A Service Agreement for Content by a Creator at the Request of a User is concluded when a Creator accepts a Content Request from a User (for example, a video greeting request) by making and sending Content through the Service. The Service Agreement is concluded by the Creator and the User through electronic interaction of the parties to this Agreement through the Service. Although no hard copy of the Service Agreement is signed as a separate document by the parties to the Agreement, the written form of contract as set out in Article 434(2) of the Russian Civil Code is observed.
2.8. As soon as the User’s Request is accepted (acceptance of the Request through the Service), the Creator and the User enter into a contractual relationship directly with each other (without the direct participation of the Website Administration or the Bank) in compliance with these User Terms. The Service Agreement (transaction) between the Creator and the User is deemed concluded as soon as the User’s Request is accepted by the Creator.
2.9. The Website Administration does not guarantee that all Creators are available (active) when the User makes a Request or that the Creators will respond (accept or not accept the Request to create the Content requested by the User) throughout the period specified in Item 2.4. of these Terms to the User’s request. Creators may, for reasons not dependent on the Website Administration, be unavailable (inactive) for shorter or longer periods of time.
2.10. The Website Administration is not responsible to the User for non-fulfillment by a Creator of the obligations under the Service Agreement and does not secure the fulfillment of the Service Agreement by the Creator.
2.11. If a Content Request is declined or if the Creator has been unable to respond within seven (7) calendar days, the Content request will be deemed declined (not accepted), and the debited or temporarily frozen (withheld) payment made by the User will be returned to the User. Please note that it may take a few banking days before the amount debited from the User’s bank account or withheld are returned/available. For more detailed information, please refer to the terms and conditions for the selected payment method.
2.12. Creators are entitled to record Content at the request of Users on any recording device as they wish although they should strive to achieve the best available quality.
2.13. The User acknowledges and agrees that Content descriptions are provided for information purposes only and that Content may not meet all the specifications of each Request. Moreover, the Content quality may be different due to the hardware and software (including settings) used for Content display.
2.14. The Website Administration at all times reserves the right to deny access to the Service (or part of it). In addition, the content and features of the Service may be adapted or have different availability e. g. depending on the location of the User (for example, certain content may only be available and accessible to Users at a certain geographic location or fulfilling certain criteria set by the Website Administration from time to time).
2.15. The User is responsible for ensuring compliance with these Terms and that the Service is used in compliance with these Terms.
2.16. When the User gains access or uses the Service (or part of it), the User must not:
2.17. If the User (in the Website Administration’s or the Bank’s view) acts in breach of these Terms or otherwise abuses the Service, the Website Administration reserves the right to:
2.17.1. limit, suspend, and deny access to the Service;
2.17.2. take technical and/or legal steps to prevent further use of the Service.
2.18. The Service (or part of it) may be unavailable for technical or maintenance-related reasons (whether on a scheduled or unscheduled basis).
3.1. The fee for provision of Content is specified in each Creator’s request section when a request for the delivery of Content is submitted. The fee for provision of Content as well as the Creator’s proposal for Content production and related information posted on the Service are not a public offer. This means that the Creator is at his/her own discretion entitled to decline to provide the User with the requested Content.
3.2. All fees are stated inclusive of VAT and other taxes.
3.3. Requested Content may be paid using one of the payment methods offered from time to time by the Service.
3.5. The User must also consider the provisions in Section 2 and the debit (withdrawal, retention) that will take place by the selected payment method until the User’s Content request is declined or the Content is produced and delivered.
4.1. The User acknowledges and agrees that the Content produced and delivered under these Terms is personalized and specifically produced for the User, which means that the User has no right of withdrawal and may not cancel his/her Content Request.
4.2. Notwithstanding Item 4.1. of these Terms, the User, as a consumer (individual), is entitled to cancel his/her Content request up until the Content request is accepted by the relevant Creator. If the User wants to cancel his/her order before acceptance of the request by the Creator, the User must contact the Website Administration via firstname.lastname@example.org.
5.1. A personal, revocable, non-exclusive, non-transferrable, non-sublicensable and limited right to access and use the Service on the terms and conditions set out in these Terms is hereby granted to the User. The Website Administration reserves all rights not expressly granted under these Terms.
5.2. If the User is a consumer (individual), the Creator grants the User a personal, non-transferable and non-sublicensable right to use, distribute, reproduce, and publicly display the Content for non-commercial and non-promotional purposes, including, for the avoidance of doubt, on social media platforms. For inquiries about how to use Content for commercial and promotional purposes, please contact the Website Administration at email@example.com.
5.3. When a Creator provides Content to a User, the Creator also provides the User with a simple (non-exclusive) license (the “License”) to use Content in the Service, on the Website, in messengers, and in the User’s personal social networks with no territorial restrictions and for the entire validity term of the exclusive right. The License is deemed granted to the User as soon as the User receives Content through the Service.
5.4. The License is granted to the User using the Service on the conditions set out in these User Terms. The User is entitled throughout the validity term of the License to use Content in any way that is not contrary to the law for personal, family, domestic or other purposes not related to business, without changing it while keeping the privyet watermark if affixed on Content when provided to the User.
5.5. Content may not be used in any way that (explicitly or implicitly) is or may be considered offensive or harmful, including but not limited to illegal, abusive, harassing, threatening, indecent, profane, obscene, hateful, racist, derogatory, harmful to any reputation, pornographic, or otherwise objectionable content.
5.6. Unless specifically agreed in writing, the User may not edit, amend, develop, or make any modification to the Content. If asked by the Website Administration or the Creator, the User must take down the Content from any platform it has been uploaded to, including social media platforms.
5.7. The privyet watermark (if affixed) on each Content must remain intact. The User agrees not to edit, change, cover or remove the watermark from any Content and not to assist and encourage any third party to do so unless otherwise expressly approved by the Website Administration. However, if watermark removal has been approved by the Website Administration and paid by the User, the User is allowed to download and use the Content without any watermark.
5.8. The User’s right to use the Service (including all its parts) and the Content is subject to the User’s continued compliance with these Terms.
5.9. Unless otherwise specified by the Website Administration, the User may not copy, modify, reverse engineer, or disassemble the Service (or its parts) on the Website, including but not limited to text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other related material. The User is expressly prohibited from any use of data mining, robots, or similar data gathering and extraction tools when using the Website’s Service.
5.10. Privyet’s trademarks, trade names, and other signs included or referenced in the Service (the “Trademarks”) are protected by national and international trademark laws. All use of the Trademarks is strictly prohibited without the Website Administration’s prior written consent. The Trademarks may not be used in connection with any product or service that is not approved by the Website Administration or that is in any manner likely to cause confusion among customers or that disparages or discredit privyet.
6.1. All content in the Service, including text, graphics, logos, icons, pictures, sound files, digital downloads, object code, source code and/or other related material are owned by the Website Administration.
6.2. Nothing in these Terms may be interpreted as a transfer of any of the Website Administration’s material or intellectual property rights.
6.3. Notwithstanding anything to the contrary in these Terms, the User hereby grants to the Website Administration a limited license to retain and use any result from the use of the Service for the sole purpose of improving and developing privyet products and services.
7.1. The User hereby confirms that he/she has received information regarding the processing of personal data, available at https://privyet.ru/pages/privacy-policy .
8.1. The Website Administration endeavors to keep the Service available at all times and to correct errors and defects without delay. However, the Website Administration neither represents nor warrants that the Service will be continuous, uninterrupted, or error-free, or that any defects will be corrected. Unless otherwise specified in writing, the Service and/or any product provided by privyet are rendered on an “as is” and “as available” basis, without any express or implied warranties whatsoever, including but not limited to implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
8.2. The User acknowledges and accepts that the Service may become unavailable due to planned or unplanned service, maintenance and/or updates.
8.3. Privyet expressly disclaims any liability for third-party content.
8.4. If the Website contains references to services or resources provided by third parties, such links are provided for information purposes only, and the Website Administration has no control or liability for the content of such services or resources.
8.5. Since the Creators directly produce Content at the Users’ Request, the Website Administration and the Bank are not responsible for any information and details in Content and Content itself and are not responsible for the content in Content. The Website Administration is at its own discretion entitled to remove or prohibit the use of the Service for Request and provision of Content that is illegal, malicious, defamatory, offends morality, shows (incites) violence and cruelty, infringes copyrights, promotes hatred and/or discrimination of people on racial, ethnic, gender, religious, social grounds, insults anyone or organization, contains elements of pornography, children’s eroticism, advertises (promotes) sexual services (including under the guise of other services), explains the procedure for the manufacture, administration, or other use of narcotic substances or other comparable substances, explosives or other weapons, contains campaigning political materials or statements, encourages the commission of other illegal actions as well as assists people whose actions are intended to violate the restrictions and prohibitions in force in the Russian Federation.
8.6. The User is responsible for the communication between his/her hardware and the Service on the Website and for having the hardware and software necessary to access and use the Service. The User is solely liable for defects and limitations in his/her own software, hardware, or telecommunications services.
8.7. In case of willful misconduct or gross negligence, privyet is liable only for direct damages due to privyet’s breach of these Terms. Privyet is not liable for any indirect damages (lost profit, business interruption, reputational harm, or loss of data even if privyet has been advised of the possibility of such damages or such damages are foreseeable) arising from or in any way connected with the User’s use of, or inability to use, the Service.
8.8. The Bank is not liable for any errors made by the Users when completing their Payment Order as well as for the submission of incorrect Card details. In such cases, the services are deemed duly provided by the Bank to the User in full compliance with these Terms, and the Users are to handle further settlements with the Website Administration on their own.
8.9. The Bank is entitled to unilaterally decline to provide banking services without giving any reasons, especially if the Bank is not technically able to provide them if operational parameters are not in line with the restrictions on amounts and number of operations per Card set by the Bank and/or the payment system and/or applicable law if signs of unusual transactions or transactions entailing reputational and/or financial risks for the Bank are identified, as well as if the Bank suspects that a transaction is being carried out in violation of the requirements of Russian law and/or the payment system rules.
8.10. The User agrees that the Website Administration and/or the Bank is not liable for possible losses incurred by the User following the adoption of measures to preclude or prevent violations on the Website related to the restriction/blocking of Users’ access to the Service.
9.1. Privyet respects the intellectual property rights of others and expects its Users to do the same. Privyet will respond to notices of alleged copyright infringement that are properly provided.
9.2. If the User believes or suspects that Content or other material used to provide the Service or in conjunction with any product or service offered by privyet is in breach of these Terms or is used in a way that constitutes copyright infringement, please provide us with the following information: (а) identification of the copyrighted work claimed to have been infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (information reasonably sufficient to permit us to locate the material); (c) the User’s contact information (or other person), such as address, telephone number, and an email address; (d) a statement made by the User (or other person) that you believe in good faith that the use of the material in the manner complained of is not authorized by the copyright owner, his/her agent, or the law; and (e) a statement that information in the notification is accurate and that the User (other person) is authorized to act on behalf of the copyright owner.
9.3. For notice of alleged copyright infringement, contact privyet at firstname.lastname@example.org.
The Service may provide links to third-party websites or services. Privyet has no particular knowledge of information contained in such other websites or services and does not endorse companies or products to which they link. Privyet is not liable for the content or policies of such websites and services and does not accept any liability for any damages resulting from access to or use of such other websites and services. For the avoidance of doubt, privyet neither endorses nor verifies the content, offerings, or conduct of third parties. If the User decides to access any of the third-party websites or services, the User will do so entirely at his/her own risk. Privyet reserves the right to terminate any link or linking program at any time.
Any failure or delay by privyet in the performance of its obligations to provide services shall not be deemed a breach of its obligations to the User if such failure or delay is due to fire, flood, earthquake, elements of nature, public utility electrical failure, pandemics, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labor difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance or any other similar cause beyond the reasonable control of privyet. Privyet does not accept any liability for the consequences arising from any such force majeure circumstances.
12.1. Unless otherwise expressly agreed, these Terms constitute the entire agreement between the Website Administration and the User regarding the Service and replaces all earlier agreements and understandings between the User and the Website Administration.
12.2. Privyet reserves the right to amend or change these Terms at any time. Any changes to these Terms will be notified to Users in advance and will enter into force upon the Users’ acceptance (as from accessing the Website). If Users do not accept the amended or new Terms, they may not access, use, or continue to use the Service. Privyet advises Users to periodically review the Terms to keep informed of any changes.
12.3. privyet reserves the right to change or modify the content and functions of the Services at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes. privyet may suspend, discontinue, or restrict access to any part of the Service at any time and without notice.
12.4. By using the Service after amendments and/or changes have entered into force, the User agrees to all such amendments and/or changes.
12.5. privyet does not undertake to archive previous versions of these Terms. Instead, privyet recommends the User to print and save a copy of each version of these Terms.
13.1. Privyet may transfer all or some of its rights or obligations under these Terms to a third party without obtaining Users’ consent. Provided that such transfer does not (in privyet’s view) cause any significant disadvantage to the User, the User hereby agrees to such transfer.
13.2. Without privyet’s prior written consent, Users may not transfer any of the rights granted to them under these Terms
13.3. If at any time any provision of these Terms is or becomes invalid, illegal or unenforceable under applicable law, the validity, legality and enforceability of the remainder of these Terms shall not be affected. In the event any provision is held in any proceeding to be invalid, illegal, or unenforceable, the deficient provision shall be replaced with a new provision permitted by applicable law and having an economic effect as close as possible to the deficient provision.
13.4. Delay by either party to exercise a right or remedy under these Terms shall not affect such party's right to enforce such right or remedy at a later time, except for failure to exercise a right or remedy within the time limit specified in these Terms or by law. A waiver by any party of any breach of any provision under these Terms shall not be construed to be a waiver by such party in relation to subsequent breaches of such or other provisions in these Terms.
14.1. If the User has any concerns or complaints, please contact privyet at email@example.com In the event of a dispute, out-of-court procedure for the settlement of the dispute is a mandatory step.
14.2. These Terms are governed by Russian law.
14.3. Any dispute arising from the use of the Service as referred to in these Terms shall be settled by courts in the Russian Federation unless the law in the User’s country of residence allows the User to choose the courts of that country for the dispute in question.
14.4. The User is entitled as a consumer to get disputes arising from these Terms settled by filing a lawsuit in court as prescribed by Russian law.