Legal information
User Agreement
Software Terms of Service for MakSec
Effective date of the current version: November 30, 2025
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE
SOFTWARE We recommend saving this document, as it contains legally binding provisions.
1. Introduction
1.1. This User Agreement (hereinafter referred to as the "Software Terms of Service", the "Terms", or the "Agreement") constitutes a legal contract between You (hereinafter referred to as the "User", "You", "Your") and MAKSEC OOO (hereinafter referred to as the "Company", "we", "us", or "our") governing the use of the MakSec mobile application, the data supplied with it, and related materials (hereinafter referred to as the "Application"), as well as access to and use of our software (hereinafter referred to as the "Software").
1.2. These Terms apply to You as a consumer who is an individual acting for purposes unrelated to commercial, business, or professional activities. If You are not such a person, You should not accept these Terms, as they do not apply to You. In this case, You should contact us to conclude a Corporate Agreement.
1.3. Other Important Legally Binding Documents There are several other important documents containing legally binding obligations that form part of this Agreement. The terms of our Privacy Policy (hereinafter referred to as the "Policy") are incorporated into these Software Terms of Service by reference. The phrase "incorporated by reference" is a legal formulation meaning that the terms of our Policies form part of this Agreement.
1.4. These Software Terms of Service (including the Policies) contain legally binding obligations. We strongly recommend that You review these Terms before accepting them and before using the MakSec Application, ensuring that they contain all the provisions You require and no provisions with which You disagree. We also recommend printing a copy of these Terms from https://maksec.ru/ for future reference.
1.5. The Company grants You a license to use the MakSec application under this Agreement and subject to compliance with all rules and policies applicable to app stores or operators from whose websites the Application is downloaded. The Company does not sell the Application to You. The Application remains the property of the Company.
1.6. How Do These Terms Become Legally Binding for You? You accept these Software Terms of Service (including the Policies) and agree to them in
one of the following ways:
(a) by confirming during Account registration or activation of an existing Account that You accept these Software Terms of Service and the Policies by selecting the appropriate option in the MakSec application; or
(b) by actually using our Software (in which case You acknowledge and agree that the Company will treat Your use of our Software as acceptance of these Software Terms of Service). Acceptance of these Terms is possible only if You have Internet access.
1.7. By accepting these Software Terms of Service or continuing to use the Company's product, You agree to the license terms, which become binding upon You, and acknowledge that these terms may be amended from time to time. These Terms include in particular the Privacy Policy and limitations of liability set forth in Section 16. These provisions do not affect Your consumer rights relating to defective applications.
1.8. If You do not agree with these Software Terms of Service, You must immediately stop using our Software.
1.9. Please review the following important information: it identifies certain risks associated with the use of our Software. As noted above, these Software Terms of Service are an important document, and if You choose to use our Software, we ask that You read them carefully. Among other things, the Terms identify certain risks associated with the use of the Software. For Your convenience, key sections of these Software Terms of Service are listed below. Please review them before using our Software.
1.10. Quick Navigation These Software Terms of Service address issues directly related to the use of our Software and the relationship between the Company and users. These Terms also contain information that we are legally required to provide. As a result, the Agreement contains 24 sections and may appear lengthy; however, our goal is to address all important matters as comprehensively as possible. Words and phrases capitalized in the Agreement have the meanings assigned to them either in the text below or in Section 24 "Terms and Definitions". Highlighted words in the Agreement are hyperlinks to relevant information.
Section 1: Introduction
Section 2: About the Company and Relations with Users
Section 3: License Grant, Company Software, and Key Features
Section 4: Getting Started: Registration and Installation of the MakSec Application
Section 5: Use of the Software
Section 6: Payment for Services
Section 7: Use of the Software on Compatible Mobile Devices
Section 8: Offers
Section 9: Software Usage Restrictions and Prohibited Actions
Section 10: Safe Use of the Software
Section 11: Use of Data
Section 12: Term and Termination of the Agreement
Section 13: Compensation to the Company
Section 14: Disclaimer of Liability
Section 15: Liability of the Company
Section 16: Amendments to the Agreement
Section 17: Contacts
Section 18: Provision of a Copy of These Terms
Section 19: Methods and Channels of Communication
Section 20: Protection of Intellectual Property Rights
Section 21: Assignment of Rights to Third Parties Under the Agreement
Section 22: Protection of the Company Against Third-Party Claims
Section 23: Other Important Terms
Section 24: Terms and Definitions
1.11. Requirements for the MakSec Mobile Application Device (hereinafter referred
to as the "Device"): Internet access (via Wi-Fi or mobile network), available storage space of at least 500 MB..
Operating System Requirements: Android 7.x or later iOS 13.x or later
The Application requires access to the following mobile device components: Microphone Contacts Notifications Messages Section 2. About the Company and Relations with Users
2.1 About the Limited Liability Company л╗ (hereinafter referred to as the "Company") is a business entity established and registered in the Russian Federation under Main State Registration Number (OGRN)
1256600045767. Company headquarter address: 16 Gotvalda St., Office 52, Yekaterinburg, Russian Federation. Taxpayer Identification Number (INN): 6678144480. Website:https://maksec.ru/. The Company's contact information is provided in Section
19 "Communication Methods and Channels. Technical Support".
2.4. The Software offered by the Company is intended solely to protect You from undesirable, dangerous, or harmful actions by third parties violating the law. By processing, analyzing, and classifying files, URLs, correspondence, audio messages, and objects received from external sources, the Company performs preventive functions aimed at preventing criminal acts. By granting Users access to information and communication technologies, the Company seeks to protect Users from malicious and fraudulent activities.
2.5. The Company does not take possession of Your personal data, does not store it, dispose of it, or perform any other actions that may be classified as use of such data.
2.6. These Terms govern the use of the MakSec Application provided by the Company, including any updates or supplements to the Application or Services, unless such updates or supplements are governed by separate terms and conditions (in which case those separate terms and conditions shall apply).
2.7. The Company reserves the right to amend these Terms at any time. In the event of material changes, the Company will notify You of such changes upon the next launch of the Application. You may continue using our Software after reviewing the new version of the Terms and confirming Your acceptance of the changes. If You disagree with the changes, You must immediately stop using the Software.
2.8. Updates for the Application may be distributed periodically through the app store from which the Application was downloaded. Depending on the type of update provided, access to the Software may be suspended until installation or launch of the new version of the Application and acceptance of the updated Terms. The Software may also become unavailable due to scheduled or emergency technical or maintenance work.
2.9. The Company reserves the right at any time, without incurring obligations to
You, to withdraw or modify the Application in whole or in part:
(a) to improve usability or for other technical or maintenance-related reasons;
(b) to ensure compliance with applicable legal requirements imposed on the Company;
(c) in the event of changes to the Software provided.
2.10. If You use a Mobile Device that You do not own, You are deemed to assume responsibility under this Agreement for all privacy matters related to information received or transmitted through the Software (subject to the legal limitations specified herein).
2.11. The provisions of our Privacy Policy are available within the Software and are incorporated into these Terms by reference.
2.12. By using the Application, if You accepted these Software Terms of Service by checking the corresponding box, You acknowledge that You grant us the right to access the components specified in Section 1.11, as well as the right to collect and use technical information about the mobile device, software, hardware, and peripheral devices used with the Application.
2.13. The Software relies on services provided by mobile network operators. This may affect the availability of services during interruptions in the mobile operator's network.
2.14. The Application or Software may contain links to independent third-party websites, including for advertising purposes (hereinafter referred to as "Third-Party Websites"). We do not control Third-Party Websites, are not responsible for their content or privacy policies (if any), and have no affiliation with them.
2.15. Any words following phrases such as "including", "include(-s)", "in particular", "for example", "such as", etc., are used for illustrative purposes only and do not limit the general meaning of the preceding words.
3. License Grant, Company Software, and Key Features
3.1. Only adults aged 18 (eighteen) years or older may download, access, and/or use the Application or Software. Purchasing the Software for use by minors is permitted. By accepting this Agreement, You guarantee that parental and/or other authorized consent for installation of this application has been obtained.
3.2. The Software provided by the Company is intended solely for Your protection and is not designed for any other purposes.
3.3. The Company's Software includes access to the MakSec application, the Company website, the Software itself, and updates (including technical support, reference information, fixed and updated versions).
3.4. The Software provided by the Company enables the following: use of the Application for collecting, analyzing, recording, blocking, and deleting malicious files and URL links via GSM communication channels, messengers, and messages in any messenger, as well as subscriber-related data depending on Your selected settings; notification of a third party (relative) in the event of fraudulent calls or texting detected by the Software, depending on Your selected settings; receiving analysis of messages and/or files and/or URL links, as well as notifications from the Software classifying them as dangerous/suspicious/safe and recommendations for further action.
3.5. Additional Services The Company may offer to install additional features or services. Such additional services may include various types of technical support, service information, reference materials, fixed and updated versions, modifications, changes, and/or upgrades of the current Software version. Additional services may be governed either by this Agreement or by separate terms communicated to You when access to the new features or services is provided. 4.Getting Started н Registration and Installation of the MakSec Application
4.1. Account Registration
4.2. Conditions for Account Registration To register a MakSec Account and subsequently use the Software, You are required to
perform the following actions, for which You bear responsibility:
(a) provide complete, accurate, and truthful information and registration data requested during registration (including identification details and any other information reasonably requested by the Company). The information You provide will be used to determine Your eligibility to use the Software. The information provided during registration must always remain current and complete;
(b) complete all registration-related actions and/or other actions in the manner and form reasonably required by us. You may be required to connect or link Your Mobile Device and/or mobile phone number and/or email address and/or messenger account credentials to the Software and set a password.
(c) You decide independently whether to enable specific functionality within the Application. Since such functionality is intended for Your protection and personal use, You may independently determine its necessity.
(d) provide subscriber-related information, including information about fraudsters (in particular phone numbers), as well as suspicious files and URL links for in-depth analysis by the Company's specialists.
4.3. Accuracy of Information Provided If any information You provided changes, You must update the data in Your MakSec Application profile to ensure its accuracy, completeness, and reliability. You are responsible for providing accurate and complete information when using our Software.
4.4. Requirements for Software Users When creating an Account, You must accept these Software Terms of Service (as well as the terms of other documents that may recurrently be offered by the Company). If You are under the age of majority, Your parent or legal guardian must review and accept these Terms and permit You to download, access, and use the Application.
4.5. Collection and Verification of Other Information You consent to providing all information requested by the Company where necessary, e. g. information required to comply with legal and regulatory obligations applicable to the Company (including laws aimed at protecting generally recognized values).
4.6. Measures Taken if Verification of Information Provided Is Impossible If we are unable to verify the information You provide, the Company reserves the right to close, block, or restrict access to Your Account and/or our Software or any part thereof. The Company may use its own risk prediction models, including models related to fraudulent risks associated with the User's Account.
4.7. Additional Information We may also request additional information from You upon reasonable request regarding Your use of our Software.
5. Use of the Software
5.1. Provision of the Software The Software is provided by the Company with due care and at an appropriate quality level in accordance with this Agreement, the Privacy Policy, and the rules of app stores incorporated into this Agreement by reference. However, there are significant restrictions on the use of the Software set out in Section 9 of the Agreement, "Restrictions on Use of the Software and Prohibited Actions". You agree that downloading, accessing, and using the MakSec application is offered under the terms of this Agreement.
5.2. License to Use the Software Subject to Your agreement to comply with the terms of this Agreement, the Company provides You with Services by granting the right to use the Software, recognized by law as a license. By providing the Software, the Company grants You a personal, non- exclusive, non-transferable, non-sublicensable, revocable, limited-term license to use it. The Company reserves all other rights. This license provides electronic access to the MakSec application and the ability to use it for the purposes specified in the Agreement, in accordance with the Privacy Policy incorporated into these Terms by reference. You may install the Application on any supported Device solely for personal use. The Software is supplied with the necessary software configured and/or provided for use in accordance with the Agreement. The Software may only be installed and used for its intended purpose and in accordance with the Agreement.
5.3. The minimum technical requirements for use of the Software are set out in Section 1.1 of the Agreement.
5.4. Account Restrictions Provision of the Software may involve restrictions applicable to the Account.
5.5. User Responsibility You bear sole responsibility for all actions performed under Your Account. Following termination of this Agreement for any reason, the Company shall have no obligation to store data, maintain records, provide reports, copies of account credentials, or access to account data, documentation, or other information related to data obtained through the Software provided by us.
5.6. Obligation to Comply with Applicable Law You must always comply with all applicable laws and rules governing the use of the Company's Software, as well as these Software Terms of Service (including the Policies). The Company has the right to review Your Account, for example, but not exclusively, for investigating suspected violations of this Agreement, Company Policies, or complaints from third parties or organizations.
5.7. We continuously update databases of viruses and malicious code and improve detection methods and protection measures to ensure Your safety. However, You are responsible for applying appropriate information security measures (including additional protective tools, use of licensed software, and other reasonable protective measures) to meet Your own security and reliability requirements for the Software and its content.
5.8. You hereby warrant to the Company that:
(a) all information You provide is true and accurate in all respects, and You undertake to keep such information up to date throughout the term of this Agreement;
(b) You will use the Software, including the MakSec application, solely for personal purposes and on Your own behalf, not on behalf of another individual or legal entity;
(c) You will comply with all laws, regulations, and legal requirements, and all actions initiated by You will comply with applicable legal standards;
(d) You will not directly or indirectly use the Software, including the MakSec application, for fraudulent purposes or alter the functions of the Software;
(e) You will ensure the secure storage of all copies of the MakSec application and maintain accurate and up-to-date records of the number and location of all copies of the Application.
6. Payment for Services
6.1. Payment for services is made in accordance with the tariff plan specified within the Software.
6.2. The right to use the Software is granted for one year. Herewith, You have the right to terminate use of the Software within the first 7 calendar days and receive a refund. If You have used the Software for more than 7 calendar days, You may only terminate use with a refund in cases specified in this Agreement. Since renewal payments for continued use of the Software are made through automatic recurring payments, You must disable auto-renewal in the settings if You do not intend to continue using the Software beyond the originally paid period. You may disable auto- renewal Yourself or request assistance from Technical Support. If auto-renewal is not disabled, payment will automatically be charged upon renewal date, extending the Agreement for another one-year term.
6.3. If the User decides to stop using the Software during the paid license period, this does not obligate the Company to refund any funds to the User. Upon expiration of the paid license term, the Parties are released from obligations under the Agreement, except for provisions that survive termination (for example, confidentiality obligations).
7. Use of the Software on Compatible Mobile Devices
7.1. The MakSec Application and/or other Services provided by the Company may only be used on compatible Mobile Devices. Mobile Devices modified contrary to manufacturer and/or software or hardware provider instructions and specifications, including among others to disabling software or hardware controls, are not considered compatible with the MakSec Application and/or our other Services.
7.2. Please note that the Company does not guarantee compatibility of the Software with Your Mobile Device. You must carefully review the minimum requirements specified in this Agreement (primarily Section 1.11 and related sections).
7.3. Please also note that the ability to use our Software may be limited by the terms of Your agreement with the manufacturer and/or provider of Your Mobile Device and/or mobile operator and/or messenger provider.
8. Offers
8.1 The Company is not liable for Your use of offers from third parties regarding the use of the MakSec Application, where such offers were not initiated by the Company.
9. Software Usage Restrictions and Prohibited Actions
9.1. Notwithstanding any restrictions described in these Software Terms of Service, the Company may, if reasonably necessary to protect Your interests or the interests of the Company, or to comply with Applicable Law, establish general practices and limitations regarding the use of the Software. The Company may also use its own risk assessment models, including fraud risk models, when assessing risks associated with Your use of the MakSec Account.
9.2. Unless otherwise expressly provided in these Terms or permitted under Applicable Law, the following actions shall constitute "Prohibited Actions." In particular,
it is prohibited to:
(a) use the Company's Software for unlawful purposes or in an unlawful manner, acting fraudulently or maliciously (for example, by hacking the Application, any services, software, or operating systems, or introducing malicious code, viruses, or potentially dangerous data into them), or otherwise use the Software in a manner inconsistent with these Terms or in violation of Applicable Law, which may have consequences both for the Company and for Your further use of the Software, including, but not limited to, for fraud and/or money laundering purposes (if we have reason to suspect that our Software has been or will be used by You in such a manner, Your actions will also be regarded as "Prohibited Actions"). It is prohibited to use the Software in violation of restrictions established by the Company or a third party, disregard such restrictions, or attempt to circumvent them;
(b) violate any material terms of this Agreement (including Policies) or fail to remedy such violations in accordance with the reasonable requirements of the Company;
(c) use the MakSec Software on unsupported Mobile Devices or on Mobile Devices where manufacturer restrictions have been removed through iOS Jailbreak, Android Rooting, or Windows Mobile Interop Unlock operations;
(d) provide false, incomplete, inaccurate, or materially misleading information (including any information provided during subscription to the Software);
(e) use the MakSec Software in an atypical manner (as determined by the Company's internal fraud risk monitoring procedures);
(f) transmit or post materials obtained through this Software, or perform other actions that infringe intellectual property rights or other rights of third parties, or may serve as the basis for filing a claim of infringement of such rights, or otherwise use the Software in violation of such rights; as well as transmit or post any unlawful, obscene, offensive, discrediting, threatening, harassing, causing distress to other persons, abusive, humiliating, privacy-infringing, fraudulent, harmful, vulgar, crude, provocative, pornographic, indecent, intolerant, hateful, discriminatory, stalking, compromising, or otherwise unacceptable materials from the Company's perspective (based on objective criteria). This clause applies to any materials associated with Your use of the MakSec Software, including materials that may be regarded as described above;
(g) post or transmit through the Company's Software, without prior written consent of the Company, any materials or content implying or explicitly stating that Your statements are endorsed by the Company;
(h) use the Company's Software to distribute defamatory statements, threats, or insults for the purposes of harassment, or otherwise violate the lawful rights of others, including intellectual property rights of the Company or any third parties in connection with Your use of the Software or Services (where such use is not licensed under these Terms), or for any fraudulent purposes, or in a manner that may damage, disable, overload, impair, or compromise our systems or harm third parties;
(i) reproduce, copy, sell, resell, or otherwise commercially exploit any elements of the Software, the right to use it, or access to it, unless expressly permitted by the Company;
(j) create databases using data obtained through the Software, unless expressly permitted by the Company;
(k) disrupt or interfere with the operation of the Software, servers, or networks used to access the Software, or violate the requirements, procedures, rules, or regulations of such networks, or collect or otherwise obtain any information or data from the Software;
(l) modify, adapt, alter, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from any elements of the Software or the Software as a whole; combine any elements of the Software with other software or services or incorporate them into any other software or services; create derivative works based on the Software or its elements; or attempt any of the foregoing, except where such actions cannot be prohibited under Applicable Law because they are necessary to ensure interoperability of the Software with other software, provided that any information obtained through such actions;
(m) remove copyright notices, trademarks, or other proprietary rights notices from the Software or Software materials;
(n) use robots, crawlers, automated retrieval systems, or other manual or automated devices or processes to retrieve, search, collect data, bypass navigation systems, or reproduce the presentation of the Software (including the Company's Websites or their content);
(o) in any way materially restrict or interfere with other persons' use of the Software or perform actions which, in our objective opinion, may create liabilities for the Company or cause any harm to it;
(p) post or transmit files containing viruses, software, or other materials infected with viruses, worms, time bombs, trojans, or other malicious or potentially harmful components or code, including URL links;
(q) engage in hacking, attacks on the Company's Website and servers, spoofing, or otherwise disrupt the operation of the Website (including Company servers and server software), encourage others to engage in such activities, or provide instructions for carrying out such actions, thereby limiting or interfering with other users' use of the Software;
(r) rent, lease, sublicense, lend, convert, merge, adapt, alter, or modify the Software;
(s) in any way provide access to the MakSec Application (including object code and source code), in whole or in part, to any persons without prior written consent of the Company, or violate any technology or export control laws or regulations applicable to the Software.
9.3. You undertake not to engage in Prohibited Actions. In the event You engage in or attempt to engage in any Prohibited Actions, or where we have grounds to believe, based on available information or substantiated assumptions, that You may have engaged in such actions, or in the event of a security threat related to the use of the Software (for example, hacking of Your Account and/or disclosure of Your Identification Data), as well as in other
cases provided for under this Agreement, we reserve the right to:
(a) close or block Your Account and/or access to the Software;
(b) provide information about Your actions and other relevant information about You and Your use of the Software (including Account Data and Personal Data) to supervisory authorities, police, law enforcement agencies, and/or executive authorities, and/or recover damages from You where necessary.
9.4. You agree to cooperate with us upon our reasonable request in connection with investigations into any Prohibited Actions related to Your use of our Software.
9.5. If the provision of the Software to You is temporarily suspended for the reasons specified in this Section 9, the Company will endeavor to notify You via the phone number or email address specified in Your Account (if applicable). Temporary suspension of the Software does not affect Your rights and obligations under these Software Terms of Service arising before or after such suspension, nor rights and obligations relating to any active Services. 10.Safe Use of the Software
10.1. Identification Data Identification Data must be provided by the User to create a Software account and profile. For the purposes of this Agreement (and no more than that), such data shall include: A) phone number B) email address
10.2. Security of Identification Data and Mobile Device The User is responsible for ensuring the security and safekeeping of their Identification Data and Mobile Devices, as well as controlling access thereto. To reduce the risk of compromise of Your Account, we also recommend changing Your password regularly (at least every 3 (three) to 6 (six) months).
10.3. Confidentiality of Information Resources Obtained Through the Software Please note, that the User is hereby advised of restrictions relating to the use of such content.
(a) If You provide third parties with access to the Software, You shall be responsible for any actions or omissions of such third parties.
(b) If You use access to audio files generated by the Software for unlawful purposes, You alone shall bear responsibility for violation of the legally established regime of protected information under the laws of the Russian Federation. Herewith, we proceed from the assumption that this Software is intended solely for the protection of the User. Information obtained through the Software may constitute protected information under Russian law (including commercial, personal, family, or other secrecy). Accordingly, You are responsible for its collection, storage, processing, transfer, and disclosure.
(c) The use of information obtained through the Software may also constitute protected information under the laws of foreign jurisdictions. If You violate rules governing collection, storage, processing, transfer, or disclosure of information under foreign laws, You may likewise incur corresponding liability.
(d) The Company does not store on its servers information obtained during operation of the Software (including any digital files in accordance with the functionality of the Application). However, where suspicious files or URL links are identified through the Software, the Company may retain such information solely for analytical purposes and for improvement of the service. All other information is deleted immediately. However, if before deletion the Company receives a request from competent authorities of the Russian Federation or foreign states, which the Company is legally obligated to comply with, such digital materials may be provided upon request of such competent authorities.
10.4. If You fail to ensure the security of Your Identification Data, information data, or information obtained through the Software, whether intentionally or unintentionally disclosed to third parties, You assume full responsibility for all resulting consequences and agree to fully compensate the Company for any possible losses or damages that may arise. Thus, You must use Identification Data that will be difficult for unauthorized persons to guess, and ensure their confidentiality and protection against unauthorized access or misuse. If You become aware or suspect unauthorized access to Your Identification Data or information obtained through our Software via the MakSec Application by third parties, You must act in accordance with Sections 10.3, 10.4, 10.5, and 10.6.
10.5. For secure use of the Software functionality (in terms of compliance with confidentiality regimes), the Company recommends not using the Software on shared mobile devices, since such use may violate third-party confidentiality rights relating to audio messages or correspondence. Such use is not authorized by the Company.
10.6. User Actions in Case of Compromised Credentials If You have reason to believe or suspect that Your Account, Mobile Device, MakSec Application, login credentials, or other Identification Data have been unauthorizedly used or otherwise compromised, we recommend immediately changing Your Identification Data. If Your Mobile Device remains in Your possession, You must select the appropriate option in the Application Settings menu to change Your password. You must also contact the Company's Support Service if there is suspicion that an unauthorized person has gained access to the Software.
10.7. Company Actions in Cases if in its Opinion, Your Continued Use of the Software is Unsafe for the Legally Protected Interests of Your and/or Third Parties In justified cases concerning the security of Your Account or protection against unauthorized access (including to Identification Data or legally protected secrets of third parties), and where we have sufficient grounds to believe that Your Account and/or Mobile Device has been unauthorizedly or unlawfully used or that security measures have been compromised, we may block Your Account or otherwise limit available functionality. The Company will notify You of such blocking or restrictions immediately after they are imposed (unless prohibited by law or posing a security threat). The Account will be unblocked and restrictions removed once the reasons for blocking or restrictions have been resolved.
10.8 The security of Your SIM card, mobile phone number, mobile device itself, email account, and messenger registration credentials The User must inform the Company of any possible compromise thereof. You must take all reasonable precautions to protect Your email account, phone number, and SIM card from unauthorized access, since Your phone number will be used for identification of calls, messenger messages, and emails related to potential fraudulent attacks. In the event of compromise of the email address, phone number, or SIM card linked to Your Account, You must immediately notify the Company Support Service and Your mobile operator. User Responsibility
You shall be responsible for:
(a) Unauthorized persons gaining access to Your Mobile Device and/or email account;
(b) Providing third parties with Your Identification Data (including login credentials for the Application or access to its components); () Non-compliance with the legally established regime for protected information under the laws of the Russian Federation;
(d) All consequences arising from untimely notification to the Company of any unauthorized use of Your Mobile Device or the Application, or of any Software security breach that You suspect or become aware of.
11. Use of Data
11.1. Please note that any data provided by You to the Company during Your use of the Software (including through our website https://maksec.ru/) may be transferred to authorized authorities for processing in accordance with Applicable Law. Such transfer may include transfer of data to foreign jurisdictions. Any such cross-border transfer of data shall comply with the requirements of the legislation of the Russian Federation. If You require additional information regarding the protective measures implemented, You may request details by contacting technical support. By using our Software (including our website https://maksec.ru/), You provide us with lawful consent for such transfer of data, including cross-border data transfers.
11.2. By accepting these Software Terms of Service, You also agree to the terms of our Privacy Policy.
11.3. The data we receive from You is processed and stored on our servers located in the Russian Federation and may also be transferred to foreign jurisdictions for processing and storage in accordance with Applicable Law. Your data is stored and processed strictly in encrypted form. By providing Your data, You expressly consent to the above-mentioned transfer, storage, and processing of Your data.
12. Term and Termination of the Agreement
12.1. Term of the Agreement These Software Terms of Service shall enter into force from the date You register Your Software Account, gain access to our Software, and/or begin using it, and shall remain in effect until termination of the Agreement between You and us. This Agreement does not establish any minimum term.
12.2. User's Right to Terminate the Agreement You may close Your Account and discontinue use of the Software at any time. During the validity period of the license for use of our Software, You may restore Your Account and continue using the Software at any time. Non-use of the Software during the license period shall not obligate us to refund the license fee paid. Upon expiration of the Software license period, the User has the right to terminate contractual relations regarding use of the Software. This may be done by disabling automatic payments for the Software in the personal account area. The User may also disable automatic payments by contacting Technical Support through the User Profile in the Software (if unable to disable them independently for any reason).
12.3. Company's Right to Block or Close Access to the Software The Company reserves the right to block or close Your Account and, at its sole discretion, terminate these Software Terms at any time by providing prior written notice via SMS message or email. Such notice shall be provided at least 30 days before the specified event. Our rights described in this section supplement our rights set forth in Section 9 ("Software Usage Restrictions and Prohibited Actions").
12.4. The Company may immediately terminate this Agreement by written notice via SMS
message or email:
(a) in the event of Your material or repeated breach of this Agreement and failure to remedy such breach (where capable of remedy) within 14 calendar days after receipt of written notice requiring such remedy; and/or
(b) in the event You engage in Prohibited Actions.
12.5. What Happens After Closure of the Account and Termination of the Agreement? In the event Your Account is closed and/or this Agreement is terminated for any reason,
You agree to:
(a) immediately stop using the Application and Software, as well as cease any activities permitted under this Agreement, including use of the Software;
(b) termination of all rights granted to You under these Software Terms of Service;
(c) termination of these Software Terms of Service does not relieve You of obligations to pay all amounts You agreed to pay under these Software Terms of Service for the relevant period prior to termination.
12.6. Sections remaining in force after termination of the Agreement In addition to provisions reasonably necessary to fulfill or enforce the purpose of these Terms following termination, the following sections of the Software Terms of Service shall survive termination and remain in full force and effect in accordance with their content: 1, 2, 5, 6, 8, 10н17, 21, 22н24. We specifically draw Your attention to the fact that all data obtained through use of the Software may only be used for purposes provided under this Agreement. Termination of
the Agreement does not relieve You from:
1. Compliance with Russian and/or foreign legislation regarding handling of information constituting protected secrecy (audio recordings of conversations, correspondence, etc.);
2. Liability for violations of legislation arising from breach of such requirements.
13. Compensation to the Company
13.1. This section contains important information explaining the circumstances and manner in which You may be required to pay reasonable compensation to the Company. Capitalized terms used in this section have special meanings defined at the end of this section. Please pay close attention to them when reading this section.
13.2. You hereby undertake to acknowledge and pay Your indebtedness and obligations to the Company in an amount equal to the Losses incurred by the
Party/Company or its indemnification obligations arising due to:
(a) Your breach of these Software Terms of Service or any Policies;
(b) disputes and legal proceedings caused by Your actions or omissions; and/or
(c) Your negligence or violation (or alleged violation) of Applicable Law or third- party rights.
13.3. Terms with Special Meaning:
(a) The term "Party/Company" means us, including our directors, officers, owners and other partners, information service providers, consultants, employees, independent contractors, and other third-party service providers.
(b) The term "Losses" means any damages or losses reasonably incurred by the Party/Company resulting from (or regarded by any reasonable person as a likely result of) the actions described in Section 13.2, or arising in connection with any claims, demands, lawsuits, liabilities, costs, expenses, or other obligations, including reasonable legal fees. Such Losses may include our expenses related to locating You, notifying You of violations of our Terms, taking measures in connection with such violations, and recovering debts from You. However, Losses do not include those expenses of the Company which recovery would result in double compensation (for example, recovery for both Losses and lost profits where compensation for both would constitute double recovery).
13.4. Under no circumstances You shall, without our prior written consent, enter into any agreements or arrangements with any persons that may affect our rights or impose obligations upon us.
14. Disclaimer of Liability
14.1. General Disclaimer on the Part of the Software Although we strive to ensure uninterrupted provision of the Software, our Services are provided "as is," and we do not guarantee uninterrupted, secure, timely, or error-free access to our Website and Software, or protection thereof from viruses or other malicious programs arising from circumstances beyond our control. In certain cases, we may be required to block or modify the Software in order to protect the interests of an innocent party. Thus, we shall not be liable for interruptions in the provision of the Software, including but not limited to system failures and other interruptions affecting receipt, processing, confirmation, completion of processing, execution of Transactions, or provision of the Software. If You are dissatisfied with the quality of the Software, You may discontinue using it and/or close Your Account at any time in accordance with Section 12.
14.2. Disclaimer Regarding Accuracy of Personal Data All Personal User Data stored or hosted by us is maintained on our servers; however, we do not guarantee the accuracy of such Personal Data. Under personal data legislation, You have the right to request correction of Your Personal Data if You believe such information is inaccurate.
14.3. Software Maintenance (Technical Works) The Company may periodically carry out maintenance works, during which certain functions of the Software may become unavailable, and we will endeavor to notify You in advance. We shall not be liable for unavailability of the Software during maintenance works.
14.4. The User's responsibility for the condition of their equipment and the implementation of necessary security measures You are responsible for implementing necessary security measures and procedures to avoid acceptance or transmission through our Software of infected or malicious files and data. You are also responsible for obtaining and maintaining all communication networks, equipment, and other devices necessary for access to and use of the Software, as well as all related expenses. We do not guarantee that Your Mobile Device will support our Software, or that our Websites will be supported by Your operating system and/or software versions or be compatible with Your communication equipment.
15. Liability of the Company
15.1. Company Liability Toward You If we breach these Software Terms of Service, we shall only be liable for losses or damages that are a direct and foreseeable consequence of our breach of these Software Terms of Service or our negligence, and only within the limits specified in Section 15.2. We shall not be liable for unforeseeable losses or damages or those occurring through no fault of our own. Losses or damages are deemed foreseeable where they are an obvious consequence of our breach of these Terms or where, when entering into the Agreement with You, we contemplated the possibility of such losses or damages.
15.2. Under no circumstances shall the Company be liable to You or any other party for any indirect, incidental, special, punitive, or consequential damages or losses. The maximum aggregate liability of the Company under this Agreement (including in connection with Your use of the Software), whether contractual or tortious (including negligence), shall in any event not exceed 100 (one hundred) Russian rubles. This limitation shall not apply to the categories of losses listed in Section 15.4.
15.3. Reasons for Limitation of Liability and Fundamental Principle of the Agreement Like many service providers, we seek to limit our liability. We are able to provide our Software at an affordable price only because we limit certain aspects of our liability. Under these Software Terms of Service, You may discontinue use of our Software at Your sole discretion.
15.4. Nothing in these Software Terms of Service shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded or limited under Applicable Law.
15.5. Disclaimer of Liability for Commercial Losses Our Software is provided solely for personal use, and we shall not be liable for loss of profits, lost business opportunities, business interruption, reputational damage, loss of use, loss of data, or other intangible losses arising from commercial use of the Software.
15.6. You acknowledge that the Software was developed without regard to Your individual requirements, and therefore You are responsible for verifying that the capabilities and functions of the Software meet Your requirements. You are granted 7 business days during which You may use the Software and verify its suitability for Your requirements.
15.7. The Company shall not be liable for force majeure circumstances The Company shall not be liable for losses incurred by You through no fault of the Company, nor for non-fulfillment (full or partial) or delay in fulfilling any obligations under this Agreement caused by compliance with Applicable Law or Force Majeure Events.
15.8. Force Majeure Events Force Majeure Events mean any actions or events beyond the reasonable control of the Company that cannot be prevented despite all reasonable efforts, including but not limited to: strikes, lockouts, labor disputes, riots and civil unrest, military invasion, terrorist attacks or threats thereof, wars (declared or undeclared), threat of military invasion or preparation for military actions, government decrees and other actions, fires, explosions, hurricanes, floods, earthquakes, collapses, epidemics and other natural disasters, unacceptable labor conditions, failures of private or public telecommunications networks (including but not limited to, power outages, lack of mobile communications, shutdowns by mobile phone manufacturers, online sales platforms, and internet connectivity disruptions).
15.9. The Company shall also not be liable for temporary unavailability of the Software during maintenance works or updates of our systems or third-party systems used to support the Software, interruption of mobile communications by any cellular operator, or absence of mobile network coverage at Your location.
15.10. In the event of Force Majeure Events affecting performance of the Company's
obligations under this Agreement:
(a) performance of the Company's obligations shall be suspended and the performance period extended for the duration of the Force Majeure Event, but not longer than 3 months;
(b) the Company shall use all reasonable efforts to find a way to perform its obligations despite the Force Majeure Event.
15.11. The Software may fail to detect fraudulent content because fraud methods are continuously evolving. Meanwhile, the Software may regularly upload files containing identified malicious content to its servers for further analysis, expansion of its malicious content database, and improvement of User protection. However, the Company cannot assume responsibility for preventing absolutely all malicious activities. The Software may also identify and notify the User of malicious (fraudulent) content and provide certain recommendations; however, if the User disregards such recommendations and incurs financial losses, the Company shall not bear responsibility for such User conduct.
16. Amendments to this Agreement
16.1. Company's Right to Amend these Terms As You are entitled to terminate the Agreement without penalty under this Agreement, the Company may amend the terms of this Agreement.
16.2. Reasons for Amendments to these Terms
The Company may amend these Terms in the following cases:
(a) to make changes in Your favor or changes that do not affect Your rights or obligations;
(b) to correct errors, omissions, inaccuracies, or ambiguities;
(c) to add regulations relating to new products and services or changes to existing products and services;
(d) to reflect changes in servicing due to the implementation of new information technologies or other processes;
(e) to align the Terms with market practices;
(f) to bring the Terms into compliance with changes in Applicable Law;
(g) to comply with any other regulatory requirements applicable to us;
(h) to comply with newly adopted industry recommendations, standards, and rules aimed at protecting consumer rights; and/or
(i) to reflect a reasonable increase or decrease in the cost of providing certain products or services;
(j) to improve policies regarding the handling of personal data and digital files obtained during the operation of the Software.
16.3. Notice of Amendments The Company will endeavor to notify You of all amendments, except for those listed below, in advance before they come into force by posting an updated version of the Software Terms of Service in the relevant section of the Software or otherwise in accordance with Section 19. In the following cases, You will also be notified; however, such amendments may come into effect earlier than the above-mentioned notice period:
(a) changes in Your favor;
(b) changes related to new products and services provided to You.
16.4. Disagreement with Amendments If amendments are made, You will be informed of the date they come into force. If You disagree with the amendments to the Agreement, You must close Your Account in accordance with Section 12.
17. Contacts The Company provides designated contact persons who assist in promptly resolving technical support issues for users. 18.Provision of a Copy of these Terms
18.1. The most current version of the Terms is available in the Application.
18.2. The Company does not provide paper copies of these Software Terms of Service.
19. Methods and Channels of Communication Any messages, agreements, documents, notices, and other information provided in connection with Your use of the Account and the Software (collectively referred to as "Important Communications") will be delivered or made available to You in electronic
form. Such Important Communications include, but are not limited to:
(a) agreements and policies accepted by You (for example, the Company's Privacy Policy available in the application and on the website https://maksec.ru/), as well as amendments made to such agreements and policies;
(b) other information related to Your Account or use of the Application.
19.1. Methods of Communication Messages are generally sent through the built-in notification system of the MakSec application and/or published on the Company's website https://maksec.ru/. In certain cases, where applicable, messages may also be sent to the email address specified in Your Account. We may also contact You via the mobile phone number linked to Your Account, where applicable.
19.2. Language of Communications This Agreement is provided to You and concluded in the Russian language. Communications sent to You in connection with Your use of our Software will also generally be in Russian. Any exchange of communications between the parties should generally be conducted in Russian. The provision of any materials or communications in English shall not prevent the parties from understanding their contents. Insufficient knowledge of English may not be used as justification for misunderstanding the content of communications or materials.
19.3. Receipt of Communications Any electronic communications shall be deemed received by You 24 hours after being sent via the built-in MakSec notification system, as well as SMS message, push notification, or email (where applicable), or from the moment of publication on our Website (where applicable).
19.4. Correspondence Address
Unless otherwise specified, correspondence to the Company should be sent to: info@maksec.ru
19.5. Accuracy of Your Email Address We strongly recommend keeping Your email address up to date for communication with us. Where it is necessary to send You a written notice or communication, the Company may use the email address provided by You in the relevant section of the Application. You hereby acknowledge and agree that any electronic communication from the Company not received by You due to an outdated or incorrectly specified email address, or for other reasons beyond the Company's control, shall nevertheless be deemed delivered. Please configure Your spam filters accordingly to ensure that You receive emails from us (including preventing our emails from being placed in the spam folder). The fact that Your spam filters block our messages is considered a circumstance within Your control and therefore does not constitute a valid excuse for failure to receive communications.
19.6. Change of Email Address You may change Your primary email address at any time within the Application on Your Mobile Device.
20. Protection of Intellectual Property Rights
20.1. Determining Intellectual Property Rights Objects of intellectual property rights may include trademarks, inventions, developments, works, or other results of intellectual activity. Detailed information regarding intellectual property rights can be found on the website of the Federal Service for Intellectual Property. The meaning of the term "Intellectual Property" used in this Agreement is set out in Section
24 "Terms and Definitions."
20.2. Restrictions on Use of Our Intellectual Property Rights The MakSec Application and Software, the Company logo, the MakSec Application logo, the design of our logo, the MakSec design, and the MakSec logo design, as well as all logos related to the MakSec Application and/or Software, are trademarks or registered trademarks of the Company's licensors and affiliated entities. You may not copy, imitate, or use them or any other Intellectual Property objects without the Company's prior written consent. Furthermore, all MakSec graphics, page headers, original graphic elements, button icons, and fonts are service marks, trademarks, and/or trade dress of the Company. You may not copy, imitate, or use them without our prior written consent. You may not alter, modify, or otherwise adjust these logos, use them in a manner detrimental to MakSec or the Company, or display them in a way that creates the impression of sponsorship or endorsement by the Company. All rights and interests arising in connection with the MakSec Software, related content, the MakSec Application, MakSec Technology, and any technologies and content created or produced on the basis of any of the above Intellectual Property objects are the exclusive property of the Company and its licensors. This Agreement does not transfer to Users any Intellectual Property Rights existing at the time of acceptance of this Agreement, nor any Intellectual Property Rights to objects created or developed by us or on our behalf during the term of this Agreement. You acknowledge that all Intellectual Property Rights in the Application and Technology anywhere in the world belong exclusively to us or our licensors; the right to use the Application is licensed, but cannot be sold, and You have no rights to the Application or Technology other than the right to use them in accordance with these Terms. You acknowledge that You have no right of access to the source code of the MakSec Application. Unless expressly provided otherwise in this Agreement, nothing herein shall be construed as granting You a license to use any of our Intellectual Property Rights.
20.3. It is assumed that information (including any electronic files) analyzed by the Application does not constitute a protected result of intellectual property or means of individualization. However, in any case, such information may not be used by the Company except for the purposes specified in this Agreement.
21. Assignment of Rights to Third Parties under the Agreement
21.1. These Software Terms of Service, as well as the rights, obligations, and licenses granted under these Terms, may not be a subject of a transfer (or, in legal terminology, a subject of assignment) without the Company's prior written consent.
22. Protection of the Company against Third-Party Claims
22.1. In the event of any disputes, disagreements, or claims arising between You and the Company in connection with these Software Terms of Service, including disputes concerning the existence, validity, or termination of these Software Terms of Service, You should first contact Support Services. We endeavor to respond promptly to all complaints and claims and to seek a solution satisfactory to all parties.
22.2. Protection of the Company against Third-Party Claims You hereby undertake not to involve the Company in any litigation or disputes arising from any arrangement with advertisers or other third parties in connection with the use of the Software.
23. Other Important Terms
23.1 Preservation of Rights Failure by the Company to exercise (or delayed exercise of) any right or failure to require (or delayed requirement of) performance of any provision of these Software Terms of Service shall not constitute a waiver of such right or requirement and shall not mean that You are relieved from performing Your obligations under these Software Terms of Service. If the Company waives claims relating to Your failure to perform obligations, such waiver shall be made in writing; however, this shall not mean that the Company automatically waives future claims relating to Your obligations. If any provision of these Software Terms of Service is found by a competent court to be unenforceable or invalid, such provision shall be limited or excluded without affecting the remaining provisions of these Software Terms of Service, which shall remain in full legal force and are subject to execution by the parties.
23.2. Section Headings designed solely for convenience. Section headings of these Software Terms of Service are for convenience only. They do not define, limit, or affect the subject matter, applicability, or interpretation of any section.
23.3. Rights of Third Parties No persons other than the parties to this Agreement shall have the right to enforce the terms of this Agreement. However, this does not affect other rights or remedies available to persons authorized by the Company (including partners and other persons acting on behalf of or under the authority of the Company).
23.4. Conflicts Between Terms In the event of any conflict between these Software Terms of Service and any other agreements or Company Policies, these Software Terms of Service shall prevail with respect to the subject matter hereof.
23.5. No Limitation of Rights These Software Terms of Service do not limit any of the Company's rights relating to trade secrets, copyrights, patents, or other lawful rights. Failure by the Company to exercise any right or demand performance of any provision of these Software Terms of Service shall not constitute a waiver of such right or demand.
23.6. Severability of the Terms These Terms provide for the severability of all provisions. If any provision is invalid or unenforceable under Applicable Law, the remaining provisions shall continue in full force and effect or shall be revised and replaced with valid and enforceable provisions reflecting the lawful intent of the parties.
23.7. Interpretation The used in the Agreement words "including" and "including but not limited to" shall be deemed to include the phrase "without limitation" immediately following such words. Words in the singular include the plural and vice versa. References to laws refer to the version in force at the relevant time, including all amendments, supplements, appendices, revised editions, and subordinate regulations.
23.8. Governing Law and Jurisdiction These Terms are governed by the laws of the Russian Federation. This means that any disputes or disagreements arising out of or in connection with this Agreement shall be governed by Russian law. The parties agree that the courts of the Russian Federation shall have exclusive jurisdiction over any dispute; however, we reserve the right to bring proceedings relating to Your breach of this Agreement before a court in the country of Your residence.
24. Terms and Definitions
24.1. The following terms and expressions shall have the following meanings: Applicable Law -- all laws, regulations, and legal acts applicable to the Software, including not only the legislation of the Russian Federation but also the laws of other countries recognized internationally. App Store -- an online mobile application store. App Store Rules -- any rules, terms of use, software terms, contractual terms, policies, or similar agreements governing Your interaction with the App Store. Business Day -- all days except Saturdays, Sundays, bank holidays, and public holidays under Applicable Law. Company, we, us, our -- the limited liability company, including its successors and any third parties to whom the Company has assigned its rights under this Agreement. Identification Data -- security tools and/or procedures described in Section 11 and used in whole or in part when using the Software. For the purposes of this Agreement, the concept is directly related to personal data. Support Service, our Support Service, the Company's Support Service as well as Technical Support -- employee(s) of our technical support service whom You may contact via the channels specified in the Agreement or through the relevant section of the Software. Important Communications -- the term defined in Section 19.1. Intellectual Property Rights -- all exclusive proprietary rights to intellectual property objects (including exclusive rights to computer programs and databases, source code, object code, developer tools, data, materials, content and printed and electronic specifications, integration manuals, procedure instructions and additional documentation), rights to design elements, trademarks, service marks, trade secrets, know-how, trade designations, trade names, and other intellectual property rights (registered or not), as well as all similar rights that may be valid in any territory in the future, including the right to file a claim for damages caused by violations. MakSec Account / Account -- the account created by You for using the Software. The account becomes available upon completion of the registration process with MakSec. , н , , ( , , MakSec). Computer System (Computer) -- a desktop computer, server, or laptop. Personal Data -- any information related directly or indirectly to a specific or identifiable natural person that can be used to establish his identity. Password -- a personal identification code set by You for use of the Software (as well as to access Your Account). Prohibited Actions -- the actions described in Section 9.2. Software / Services / MakSec Software / Application -- the software and services described in these Software Terms of Service, including the MakSec Application and related Company products intended to address user security needs. Software Technical Support is considered an integral part of the Software functionality. Website / Websites -- internet resources used to provide the Software in whole or in part. Technology -- the technology used or supported by the MakSec Application or Software. You / Your / User -- the person applying for use of the Software, registering for use of the Software, or using the Software.