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Public offer and user agreement

ZARDO VPN public offer and user agreement

Public offer for services and ZARDO VPN user agreement

Original offer address: https://zardovpn.com/agreement/.

1. General provisions

1.1. This document is a public offer under Article 437 of the Civil Code of the Russian Federation and contains all essential terms of the agreement for ZARDO VPN services, together with the rules for using the website, account area and applications.

1.2. Service Provider: Alexey Vasilyevich Burkovsky, a professional income tax payer (self-employed), taxpayer identification number 250214498711; email for enquiries: abvpc@mail.ru.

1.3. Acceptance of the offer (full and unconditional acceptance of its terms) occurs through any of the following actions: registering an Account, beginning a trial period or paying for an Order (Article 438(3) of the Civil Code of the Russian Federation). The agreement is concluded on the terms of the current offer upon acceptance.

1.4. A User who disagrees with the offer must not register, use the Service or pay for Orders.

1.5. The offer is written in Russian. Translations are provided for convenience; the Russian version prevails in the event of a discrepancy.

2. Definitions

2.1. Service means ZARDO VPN: the zardovpn.com website, account area, applications for Android, Android TV, Windows and other platforms, and the Service Provider's server infrastructure.

2.2. User means an individual who has accepted the offer.

2.3. Account means the User's account in the Service.

2.4. Access means the right to connect devices to the Service, up to the selected device limit, during a paid or trial period.

2.5. Device means a phone, computer, tablet, television or other device on which the Service is used at the same time under one connection key.

2.6. Order means a selection made in the account area or application specifying the device count, period, currency and payment method, with a total amount.

2.7. Payment Service means a third-party operator through which the User pays for an Order.

3. Subject of the agreement

3.1. The Service Provider supplies the User, for a fee, with Access to a service providing a secure (encrypted) connection between the User's device and the Service Provider's servers, for the paid period and selected number of devices. The User pays for this service.

3.2. The Service is intended to protect data transmitted over an internet connection, including public Wi-Fi networks, and to provide a stable secure connection.

3.3. Service applications are provided under the License Agreement (the “License Agreement” section), which forms part of this offer.

4. Lawful use

4.1. The User must use the Service only for lawful purposes and comply with the laws of the Russian Federation and of the country in which the User is located and uses the Service.

4.2. The User must not use the Service to access information whose access is restricted under Russian law, distribute prohibited information or engage in other unlawful activities.

4.3. The Service Provider may restrict access through the Service to particular information resources where required by law or a lawful demand from an authorised authority.

4.4. The Service Provider does not advertise or offer the Service as a means of circumventing restrictions on access to information.

4.5. The User is independently responsible for the lawfulness of their online actions and for ensuring that use of the Service complies with the laws of their location.

5. Account and registration

5.1. An Account is required to use the Service. The User must supply a valid email address, retain access to it and not disclose sign-in details to third parties.

5.2. The Service is intended for persons over 18. Persons aged 14 to 18 may use it with the consent of a parent or legal representative.

5.3. One Account belongs to one User. Reselling Access, renting out an Account for payment and mass distribution of connection keys are prohibited.

5.4. All actions through the Account are treated as actions of the User until the User notifies the Service Provider of unauthorised access.

6. Plans, trial period and prices

6.1. The price depends on the number of devices, period and currency and is shown in the Order before payment. Current prices are published on the plan page in the account area and application.

6.2. The general 30-day plan at publication is RUB 99 for the first device and RUB 25 for each additional device, from 1 to 10 devices; in euros and US dollars, 1.50 for the first device and 0.50 for each additional device. Discounts of 5%, 10% and 20% apply to periods of 90, 180 and 365 days. The minimum period is 7 days.

6.3. New Accounts receive a one-time free trial of 3 days. Creating new Accounts to obtain repeated trials is prohibited.

6.4. Individually agreed terms with the Service Provider remain in effect and are not automatically replaced by the general plan.

6.5. The Service Provider may change prices for new Orders. Price changes do not affect a paid period or an invoice already created.

6.6. The Service Provider pays the Payment Service's fee. The Order total is shown before payment. Any currency conversion and charges by the User's bank are governed by that bank's rules.

7. Payment procedure

7.1. Payment is made in roubles, euros or US dollars using methods available in the Order: the Faster Payments System (SBP), bank cards, electronic wallets, cryptocurrency and other Payment Service methods. Available methods depend on the currency and may change.

7.2. Payment takes place on the Payment Service's secure page. The Service Provider does not receive or store full bank card details.

7.3. An Order is paid when the Service Provider receives confirmation of successful payment from the Payment Service. An unsuccessful, cancelled or unconfirmed payment is not treated as payment.

7.4. An invoice is valid for the limited time specified in the Order. A new Order must be created after the invoice expires.

7.5. Automatic recurring charges are not used. Each renewal is a separate payment initiated by the User.

7.6. After payment, the User receives a receipt generated in the “My Tax” application, sent to the Account email address or provided through a link in the account area.

7.7. If the User disputes a payment through their bank (a chargeback), Access paid for by that payment may be suspended until the dispute is resolved.

8. Provision of the service

8.1. Access opens automatically after payment confirmation, usually within a few minutes and no later than 24 hours. The Access end date and device count are shown in the account area and application.

8.2. When existing Access is renewed, the paid period is added to the remaining period. If Access has expired, the new period begins when payment is confirmed.

8.3. If Access has not opened within 24 hours of payment, the User should contact support with the Order number. The Order does not need to be paid again.

8.4. The service is considered supplied over the paid period as Access is provided.

9. Devices

9.1. The Service may be used simultaneously on the number of devices selected in the plan.

9.2. An increase in the device count is charged proportionately to the remaining period; the Access end date does not change.

9.3. The device count may be reduced no more than once every 7 days. The User chooses which connection keys to keep; the others are disabled without recovery. A reduction does not result in a refund or extend the period.

10. Referral programme

10.1. The referral programme has not yet launched. Its terms and launch date will be published separately.

11. Quality, speed and availability

11.1. The Service Provider makes reasonable efforts to maintain stable Service operation but does not guarantee uninterrupted or error-free operation.

11.2. Connection speed and latency depend on the User's internet provider, network and device, distance to the server, network load and other factors beyond the Service Provider's control. No particular connection speed is guaranteed.

11.3. The Service may be unavailable or restricted in certain countries, networks or with particular telecommunications operators, including because of decisions by authorities, telecommunications operators, network owners, application stores and Payment Services. Availability in every country and network is not guaranteed.

11.4. The Service Provider does not guarantee operation with every website, application, game or streaming service, or compatibility with every device, operating system version or firmware. Current system requirements are listed on the download page.

11.5. An application update may be needed to use the Service. Older versions may stop working.

11.6. The Service Provider may perform scheduled and urgent maintenance, notifying Users in the application or account area in advance where possible.

11.7. If, due to the Service Provider's fault, the Service was completely unavailable to a User for more than 24 consecutive hours, the Service Provider extends Access by the interruption period upon the User's request.

12. Changes to and discontinuation of the Service

12.1. The Service Provider may change features, interfaces, servers, connection protocols and the list of supported platforms, provided that this does not deprive the User of paid Access.

12.2. The Service Provider may discontinue the Service entirely or in particular countries with at least 14 days' notice to Users, except in the circumstances described in section 15. In that case, the User receives a refund for the unused paid period under section 14.

13. Rights and obligations of the parties

13.1. The Service Provider must provide Access within the paid period and device count, respond to support enquiries and protect User data under the Personal Data Processing Policy.

13.2. The Service Provider may suspend or restrict Access for a breach of the offer, a threat to infrastructure or other Users, or a legal requirement; and may request confirmation of Account ownership when dealing with payment or data-deletion enquiries.

13.3. The User must comply with the offer and the law, not share Access with third parties beyond the selected device count, update the application promptly and report faults with a description of the problem.

13.4. The User may use the Service within paid Access, receive information about plans and their payments, cancel the service and obtain a refund under section 14, and contact support.

13.5. The User must not:

  • conduct network attacks or scanning, send spam or distribute malicious software;
  • attempt unlawful access to other people's systems or data, including Service infrastructure;
  • create excessive load or circumvent device-count limits or plans;
  • infringe third-party rights, including copyright;
  • use the Service for unlawful activities.

13.6. The Service Provider may block the Account for a breach of clause 13.5. A refund for the unused period in that case is made less the Service Provider's costs and losses caused by the breach.

14. Cancellation and refunds

14.1. The User may cancel the service at any time, paying the Service Provider for the part actually supplied and expenses incurred (Article 32 of the Russian Law “On Consumer Rights Protection” and Article 782 of the Civil Code of the Russian Federation).

14.2. To cancel and request a refund, the User writes to abvpc@mail.ru from the Account email address, specifying the Account, Order number, payment date and amount.

14.3. Refund amount: amount paid × number of full unused days ÷ number of paid days, less the Payment Service's fee if that fee is not returned to the Service Provider. Trial, bonus and referral days are not reimbursed.

14.4. The Service Provider reviews the request and responds within 10 days. Access under the refunded Order ends on the date of the refund decision.

14.5. A refund is made by the same method used to pay for the Order. Crediting time depends on the bank or Payment Service and is usually up to 30 days. Cryptocurrency payments are refunded in the same currency to the address specified by the User, at the exchange rate on the payment date in the Order currency.

14.6. If the service is defective due to the Service Provider's fault, the User may choose an extension, a price reduction or a refund (Article 29 of the Russian Law “On Consumer Rights Protection”).

14.7. If the Service did not work, the User may request a full refund within 7 days from the payment date. The request procedure is set out in clause 14.2.

14.8. This section does not restrict consumer rights established by law.

15. Force majeure

15.1. The parties are not liable for failure to perform obligations caused by force majeure (Article 401 of the Civil Code of the Russian Federation): natural disasters, fires, accidents, power and telecommunications outages not attributable to the Service Provider, military action, civil unrest, epidemics, and decisions of public authorities restricting operation of the Service, its servers, applications, payment methods or telecommunications networks.

15.2. Such circumstances also include third-party actions beyond the Service Provider's control: blocking and restrictions by telecommunications operators, hosting providers, application stores and Payment Services, and mass network attacks.

15.3. If these circumstances continue for more than 30 consecutive days, either party may cancel the agreement. In that case, the User receives a refund for the unused period under section 14.

16. Liability

16.1. The parties are liable for failure to perform obligations under the laws of the Russian Federation.

16.2. The Service Provider is not liable for failures of the User's or third parties' networks, devices or software; content of websites and services used through the Service; consequences of User actions that breach the offer or the law; or inability to use the Service in particular countries and networks for the reasons in clause 11.3.

16.3. The Service Provider does not compensate lost profits or indirect losses. Liability for each Order is limited to the amount the User paid for that Order.

16.4. The limitations in this section do not apply insofar as the law prohibits limiting the Service Provider's liability to a consumer.

17. Users in other countries

17.1. The Service is available to Users in different countries. A User outside the Russian Federation independently checks whether such services are permitted in their country and complies with its laws.

17.2. The Service Provider may decline service or restrict payment methods in particular countries where required by law, sanctions restrictions or Payment Service rules.

17.3. Mandatory consumer protection rules of a User's country of residence apply insofar as they cannot be changed by agreement.

18. Personal data and intellectual property

18.1. Personal data is processed under the Personal Data Processing Policy: https://zardovpn.com/privacy/.

18.2. Rights to the Service, applications, source code, design and the ZARDO name belong to the Service Provider. Applications are used under the License Agreement. Open-source components are used under their own licenses; the list is in the application's “About and licenses” section.

19. Changes to the offer

19.1. The Service Provider may change the offer by publishing a dated new version at /agreement/.

19.2. A new version takes effect on its publication date. The price, period and device count specified in an Order remain unchanged for the period already paid for.

19.3. The Service Provider notifies Users of material changes in the application, account area or by email. Continued use after the changes take effect indicates acceptance; a User who disagrees may cancel under section 14.

20. Enquiries and dispute resolution

20.1. Enquiries, complaints and notices are sent to abvpc@mail.ru. Email correspondence from the Account address is recognised by the parties as an appropriate written form.

20.2. The Service Provider responds to enquiries within 10 days.

20.3. Disputes are resolved through negotiations or, if agreement cannot be reached, in court under Russian law. A consumer may bring a claim before a court at their place of residence (Article 17 of the Russian Law “On Consumer Rights Protection”).

21. Duration and termination

21.1. The agreement remains in effect until obligations are fully performed or the Account is deleted.

21.2. The User may delete the Account through support at any time; refunds for unused periods are governed by section 14.

21.3. If an Account has not been accessed for more than 24 months and has no paid period, the Service Provider may delete it after at least 30 days' notice to the Account email address.

21а. Other provisions

21а.1. Notices. Service messages about expiry, payment, changes to terms and Account security are sent by email and in the application and are considered received on the day sent. Advertising and news emails are sent only with separate User consent (Article 18 of the Federal Law “On Advertising”); unsubscribe using the link in the email.

21а.2. Support. Support operates by email and through /support/. The usual first-response time is up to 24 hours on business days. Support never asks for a password, sign-in codes, full bank card number or card security code.

21а.3. Taxes and currency. The Service Provider independently pays professional income tax. Currency conversion and charges by the User's bank are governed by the User's bank and Payment Service rules.

21а.4. Assignment. The User may not transfer rights under the agreement to third parties. The Service Provider may transfer rights and obligations to a successor (for example, a sole proprietor or organisation established by them), preserving the terms of paid Orders and giving Users at least 14 days' notice.

21а.5. Severability. If a provision is held invalid, the remaining provisions remain in effect.

21а.6. Evidence. The Service Provider's and Payment Service's system records of Orders, payments, periods and connections are accepted as evidence unless proved otherwise.

21а.7. No waiver. Failure by the Service Provider to exercise a right under the offer is not a waiver of that right.

21а.8. Applicable law. Russian law applies to the offer, subject to clause 17.3.

22. Service Provider details

Alexey Vasilyevich Burkovsky, professional income tax payer

Taxpayer identification number: 250214498711

Email: abvpc@mail.ru

Website: https://zardovpn.com

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