Public Offer for a Licence Agreement for the Pultika Service
This is a translation for convenience; the Russian text prevails. The binding version is published at https://pultika.autos/offer/.
Tabix Limited Liability Company offers any individual aged 18 or over with full legal capacity to conclude a licence agreement granting the right to use the Pultika app on the terms below. This document is a public offer under paragraph 2 of Article 437 of the Civil Code of the Russian Federation. The User Agreement and the Personal Data Processing Policy are integral parts of the agreement.
Preamble
Tabix Limited Liability Company (OGRN 1187746090740, registered on January 29, 2018; INN 9705114726; KPP 771901001; address: 105425, Moscow, Shchyolkovsky proezd, 11, bldg. 1, apt. 8), hereinafter the "Licensor" or "Rights Holder", publishes this Public Offer (the "Offer") addressed to individuals, hereinafter the "Licensee" or "User". The Licensor and the Licensee are together referred to as the "Parties".
1. Definitions
1.1. Pultika service, Service — the App and the server side owned by the Licensor, which together let the User obtain information about the state of the Vehicle and send Commands to it.
1.2. App — the Pultika computer program (identifier tech.pultika.autos) for mobile devices running iOS and Android, distributed through app stores.
1.3. Website — the Licensor's website at https://pultika.autos.
1.4. User, Licensee — an individual who has signed in to the App with a phone number (Number Verification) and has thereby accepted the Offer.
1.5. Account — the User's record in the Service, created automatically on Registration and identified by a phone number.
1.6. Session — an authorised connection of the App on a particular User device to the server side of the Service, confirmed by tokens.
1.7. Vehicle — an electric vehicle fitted with an Onboard Module and connected to the Service.
1.8. Onboard Module — the onboard software installed in the Vehicle by the Rights Holder or a third party that transmits Vehicle Data to the Service and receives Commands.
1.9. Vehicle Data — information the Vehicle itself reports through the Onboard Module: the vehicle identification number (VIN), charge level, range, the state of doors, windows, locks, climate system and tyres, the Vehicle's location and trips, and the log of the Vehicle's connections to the server (the "connectivity log").
1.10. Command — an instruction sent by the User from the App to the Vehicle (lock or unlock, turn on climate, etc.). Command Log — records of Commands sent and the Vehicle's replies to them.
1.11. Vehicle Owner, Owner — the User to whom the Vehicle is assigned in the Service and who may grant and revoke other Users' access to the Vehicle. Trusted User — a User to whom the Owner has granted access to the Vehicle.
1.12. Verification Code — a one-time code sent to the User's phone number via a messenger or by SMS for Number Verification.
1.13. Number Verification — the action by which the User proves control of the phone number they provided: (a) entering in the App a Verification Code received via a messenger or by SMS, or (b) making an outgoing call from that number to the number shown in the App; the call is disconnected as soon as it is connected, is normally free of charge, and control of the number is proven by the fact of the call as recorded by the telephony provider.
1.14. Registration — the first Number Verification, upon which the Account is created.
1.15. Agreement — the Pultika Service User Agreement; Policy — the Policy on Personal Data Processing and Confidentiality. The Offer, the Agreement and the Policy form a single set of service documents; the terms have the same meaning in all of them. In case of conflict the Offer prevails, then the Agreement, then the Policy; personal data processing is governed solely by the Policy.
1.16. Other terms are interpreted in accordance with the law of the Russian Federation or, where it is silent, in their ordinary meaning.
2. Subject matter
2.1. The Licensor grants the Licensee the right to use the App under a simple (non-exclusive) licence within the following limits: installing the App on mobile devices belonging to the Licensee, running it and using it for its intended purpose, namely to receive Vehicle Data, send Commands and view the Command Log for Vehicles to which the Licensee has been granted access.
2.2. Access to the server side of the Service is provided to the Licensee as part of the licence; the Licensee receives no separate rights to the server side.
2.3. The licence is granted for the territory of all countries, subject to clause 12.1 of the Agreement, and is valid for the term of the agreement (Section 8).
2.4. The Licensor retains the right to grant licences to other persons and to change the set of App functions.
2.5. The rules for using the Service, including sign-in, granting access to a Vehicle, sending Commands and safety requirements, are set out in the Agreement and are binding on the Licensee.
2.6. The Licensor is not the manufacturer of the Vehicle, is not affiliated with it, and the Service is not the manufacturer's official app. Under the agreement the Licensor does not supply the Vehicle, communication services or app store services. The Onboard Module is installed in the Vehicle by the Licensor or a third party; installation and servicing of the Onboard Module are not the subject matter of the agreement and are performed on separate terms. When the Onboard Module is installed, the Vehicle is assigned to the Owner's Account as set out in clause 4.1 of the Agreement.
3. Acceptance of the Offer
3.1. The Offer is accepted by Registration — the Licensee's first Number Verification in the App, by entering the Verification Code or by calling from the phone number the Licensee provided (paragraph 3 of Article 438 of the Civil Code of the Russian Federation). Links to the Offer, the Agreement and the Policy are shown on the App's sign-in screen before Number Verification is completed; the Licensee can review them.
3.2. The agreement is deemed concluded in writing at the moment of acceptance (paragraph 2 of Article 160, paragraph 3 of Article 434 and paragraph 3 of Article 438 of the Civil Code of the Russian Federation) and does not require signing a paper document. Where Number Verification is completed with a Verification Code, the Code is the Licensee's simple electronic signature (Articles 5 and 9 of Federal Law No. 63-FZ of 6 April 2011 "On Electronic Signatures"). Where Number Verification is completed by call, the person accepting is identified by the phone number the call was made from, as recorded by the telephony provider; the Parties acknowledge this method as sufficient to reliably identify the Licensee. The Parties acknowledge that service documents accepted by means of Number Verification are equivalent to paper documents signed by hand.
3.3. Sufficient evidence of acceptance is the record kept by the server side of the Service of Registration and subsequent Number Verifications (event log), containing the phone number, the verification method, date and time, and, for Number Verification by call, also the telephony provider's record of the call (caller's number, number dialled, time).
3.4. By accepting, the Licensee confirms that they are 18 or over and have full legal capacity, have read the Offer, the Agreement and the Policy, accept the Offer and the Agreement fully and without reservation, and use a phone number belonging to them. The Licensee's personal data is processed on the grounds stated in the Policy; acceptance is not consent to personal data processing.
3.5. Each subsequent Number Verification by the Licensee after a new revision of the Offer is published confirms agreement to the current revision (Section 8).
4. Licence fee
4.1. The right to use the App is granted for a licence fee. The licence is granted for the term chosen by the Licensee at the time of payment, but for no less than one year. The amount of the fee and the available licence terms are set by the price list published on the Website or in the App and in effect at the time of payment.
4.2. Payment is made by the method stated on the Website or in the App. Before payment, the Licensee is informed of the fee, the term of the paid licence and the payment procedure; payment constitutes the Licensee's agreement to those terms. The licence is renewed by a new payment for the chosen term; there is no automatic renewal or recurring charge unless the price list expressly states otherwise.
4.3. Changes to the price list are published on the Website or in the App and do not affect the terms or duration of a licence already paid for (8.2).
4.4. A Licensee who uses the App for personal, family or household needs enjoys the rights granted by consumer protection law; payment of the fee does not release the Licensor from the obligations set by the Offer, the Agreement and the Policy.
5. Rights and obligations of the Parties
5.1. The Licensor undertakes to:
5.1.1. enable the Licensee to use the App from the moment of acceptance within the limits set in Section 2;
5.1.2. maintain the server side of the Service, fix identified errors within a reasonable time and accept the Licensee's requests at support@lisik.tech;
5.1.3. process the Licensee's personal data in accordance with the Policy;
5.1.4. notify the Licensee of changes to service documents and of discontinuation of the Service in the manner set by the Agreement and Section 8.
5.2. The Licensor may:
5.2.1. release App updates, change, add and remove Service functions, and require updates to be installed for continued use;
5.2.2. carry out maintenance with suspension of the Service;
5.2.3. suspend access and terminate the agreement in the cases provided for in Section 10 of the Agreement and Section 8 of the Offer;
5.2.4. request documents confirming the Licensee's right to the Vehicle in the cases provided for in the Agreement.
5.3. The Licensee undertakes to:
5.3.1. use the App only within the licence granted and in accordance with the Agreement;
5.3.2. observe the safety requirements when sending Commands (Section 5 of the Agreement) and be responsible for access to the Vehicle they grant to others (Section 4 of the Agreement);
5.3.3. install App updates in good time and keep their device and Internet access in working order;
5.3.4. pay the licence fee (Section 4).
5.4. The Licensee may withdraw from the agreement at any time by deleting the Account (8.4).
6. Licence restrictions
6.1. The Licensee is not granted, and may not perform, the following:
6.1.1. reproduce the App other than by installing it on their own devices, distribute it, rent it out, sublicense it or assign rights under the agreement to third parties;
6.1.2. modify, decompile or disassemble the App, recover its source code, study the protocol of its interaction with the server side and the Onboard Module, or create derivative programs, except as expressly provided for by Article 1280 of the Civil Code of the Russian Federation and only to the extent it allows;
6.1.3. circumvent the technical protection measures of the App and the Service, including confirmation of Commands with a PIN or biometrics, request rate limits and Session authentication;
6.1.4. use the App and the server side to create competing products, or access the server side of the Service other than through the App without the Licensor's written consent;
6.1.5. remove or alter copyright notices, trademarks and other notices of the Licensor.
6.2. The exclusive right to the App, the server side, the Website, the name "Пультика" / Pultika and the logo belongs to the Licensor and is not transferred to the Licensee.
7. Warranties and liability
7.1. The App and the Service are provided "as is". The Licensor does not warrant that the App will meet the Licensee's expectations, operate without errors or interruptions, be compatible with a particular device, Vehicle or Onboard Module, that Vehicle Data will be complete, accurate and up to date, or that Commands will be delivered and executed. The limitations relating to Commands, Vehicle Data and dependence on connectivity with the Vehicle are set out in detail in Sections 5 and 9 of the Agreement and form part of the agreement.
7.2. The Licensor warrants that it holds the rights needed to grant the licence and that use of the App in accordance with the agreement does not infringe third parties' rights.
7.3. The Licensor's liability is limited as set out in clauses 9.3–9.4 of the Agreement. The Licensor is not liable for the consequences of the Vehicle executing Commands, for the actions of Trusted Users and other persons who obtained access to the Vehicle at the Owner's discretion, or for the operation of the Vehicle, the Onboard Module, communication networks and app stores.
7.4. The Licensee is liable to the Licensor for breach of the licence terms and compensates documented actual damage. In case of a material breach of Section 6, the Licensor may withdraw from the agreement unilaterally without refunding any fee paid, unless the law provides otherwise.
7.5. The Parties are released from liability for non-performance caused by force majeure for the duration of such circumstances. If they last more than two months, either Party may withdraw from the agreement.
8. Term, amendment and termination
8.1. The agreement takes effect on acceptance and remains in force until terminated on the grounds provided for in the Offer, the Agreement or the law. The licence is valid for the paid term (Section 4); once it expires and until a new payment is made, access to the Service's functions is suspended, while the Account and access to Vehicles are retained.
8.2. The Licensor may amend the Offer. A new revision is published on the Website at https://pultika.autos/offer/ with the revision date and takes effect no earlier than 7 calendar days after publication; the Licensee is notified of changes through the App, by SMS, via a messenger or by publication on the Website. Changes that improve the Licensee's position or correct errors may take effect on publication. Changes do not apply to the terms of a paid licence until the paid term expires.
8.3. A Licensee who disagrees with the changes may withdraw from the agreement before the new revision takes effect by deleting the Account. Continued use of the App after the new revision takes effect constitutes agreement to it.
8.4. The Licensee may withdraw from the agreement at any time by deleting the Account in the App (Profile → Delete account) or by sending a request to support@lisik.tech. The procedure and consequences of deletion are described on the Delete account page and in Section 10 of the Agreement. The agreement terminates when the Account is deleted.
8.5. The Licensor may withdraw from the agreement unilaterally out of court in the cases provided for in clause 10.4 of the Agreement, notifying the Licensee, and may discontinue the Service as a whole with at least 30 calendar days' notice (clause 10.5 of the Agreement). On discontinuation of the Service, or where the Licensor withdraws from the agreement on grounds not related to a breach by the Licensee, the fee for the unused paid period is refunded pro rata.
8.6. The Licensor may revoke the Offer by publishing a notice on the Website; revocation does not affect agreements concluded before its publication.
8.7. Termination of the agreement ends the licence; the Licensee must remove the App from their devices. Sections 6, 7 and 9 survive termination.
9. Dispute resolution and governing law
9.1. The agreement is governed by the law of the Russian Federation.
9.2. Disputes are resolved through a pre-trial claim procedure: the Licensee's claim is sent to support@lisik.tech or in writing to the Licensor's address: 105425, Moscow, Shchyolkovsky proezd, 11, bldg. 1, apt. 8; the Licensor's claim is sent through the App or to the Licensee's phone number. The response period is 30 calendar days from receipt.
9.3. If no agreement is reached, the dispute is referred to the court at the Licensor's location, unless mandatory law provides for a different jurisdiction, including consumer protection law giving the Licensee the right to choose the court.
10. App stores
10.1. The App is distributed through third-party app stores. The agreement is concluded between the Licensee and the Licensor; the app store operator is not a party to the agreement, has no obligation to support the App and no liability for claims relating to it, but may rely on the provisions of the Offer as a third-party beneficiary insofar as they concern it.
10.2. Use of an app store is governed by its own terms; in case of conflict between them and the Offer regarding downloading and updating the App, the app store's terms apply.
11. Final provisions
11.1. If any provision of the Offer is held invalid, the remaining provisions remain in force.
11.2. The Offer is drawn up in Russian. Translations into other languages are published for convenience; in case of discrepancy the Russian text applies.
11.3. The current revision of the Offer is always available at https://pultika.autos/offer/.
12. Licensor's details
Tabix Limited Liability Company (Tabix LLC)
OGRN 1187746090740, registered on January 29, 2018
INN 9705114726, KPP 771901001
Address: 105425, Moscow, Shchyolkovsky proezd, 11, bldg. 1, apt. 8
Email: support@lisik.tech
Website: https://pultika.autos
Service documents: User Agreement · Personal Data Processing · Privacy Policy (summary) · Delete account.