TERMS OF SERVICE
Service Agreement

1. General Provisions

These Terms of Service contain the conditions for concluding a Service Agreement (hereinafter referred to as the "Service Agreement" and/or "Agreement"). This offer is addressed to one or more specific persons and expresses the intention of the person making the offer to consider themselves as having concluded an Agreement with the addressee who accepts the offer.

Performance of the actions specified in this Offer confirms the consent of both Parties to conclude a Service Agreement under the terms, procedure and scope set forth in this Offer.

The text below is an official public offer from the Service Provider addressed to interested parties to conclude a Service Agreement.

The Service Agreement is considered concluded and comes into force from the moment the Parties perform the actions provided for in this Offer, which means unconditional and complete acceptance of all terms of this Offer without any exceptions or restrictions.

Terms and Definitions:

Agreement – the text of this Offer with Appendices, which are an integral part of this Offer, accepted by the Customer by performing conclusive actions provided for by this Offer.

Conclusive actions — behavior that expresses consent to the counterparty's offer to conclude, amend or terminate an agreement. The actions consist of full or partial fulfillment of the conditions proposed by the counterparty.

Service Provider's Website – software and information available via the Internet at domain name and address: https://painty.cc/

Parties to the Agreement (Parties) – Service Provider and Customer.

Service – a service provided by the Service Provider to the Customer in accordance with the procedure and on the terms established by this Offer.

2. Subject of the Agreement

1. The Service Provider undertakes to provide Services to the Customer, and the Customer undertakes to pay for them in the amount, manner and terms established by this Agreement.
2. Service name, quantity, procedures and other conditions are determined by the Service Provider during order placement or are established on the website https://painty.cc/
3. The Service Provider provides Services under this Agreement personally or with the involvement of third parties, and the Service Provider is responsible to the Customer for the actions of third parties as for its own.
4. The Agreement is concluded by accepting this Offer through the performance of conclusive actions expressed in:
   • actions related to account registration on the Service Provider's Website when account registration is required;
   • submission of an order by the Customer to the Service Provider for the provision of Services;
   • actions related to payment for Services by the Customer;
   • actions related to the provision of Services by the Service Provider.
   This list is not exhaustive; there may be other actions that clearly express a person's intention to accept the counterparty's offer.

3. Rights and Obligations of the Parties

3.1. Rights and Obligations of the Service Provider:

1. The Service Provider undertakes to provide Services in accordance with the provisions of this Agreement, within the time frame and scope specified in this Agreement and/or as indicated on the Service Provider's Website.
2. The Service Provider undertakes to provide the Customer with access to the sections of the Website necessary to obtain information, in accordance with clause 2.1 of the Agreement.
3. The Service Provider is responsible for the storage and processing of the Customer's personal data, ensures the confidentiality of this data and uses it exclusively for the quality provision of Services to the Customer.
4. The Service Provider reserves the right to change the terms (period) of provision of Services and the terms of this Offer unilaterally without prior notice to the Customer, by publishing these changes on the Service Provider's Website.
   New/changed terms indicated on the Website apply only to newly concluded Agreements.

3.2. Rights and Obligations of the Customer:

1. The Customer is obliged to provide accurate information about themselves when receiving the relevant Services.
2. The Customer undertakes not to reproduce, repeat, copy, sell, or use for any purpose the information and materials that have become available to them in connection with the provision of Services, except for personal use by the Customer themselves without providing any form of access to any third parties.
3. The Customer undertakes to accept the Services provided by the Service Provider.
4. The Customer has the right to demand a refund from the Service Provider for services not provided, poorly provided services, services provided in violation of deadlines, as well as if the Customer decides to refuse services for reasons not related to breach of obligations by the Service Provider, exclusively on the grounds provided by applicable law.
5. The Customer guarantees that all terms of the Agreement are clear to them; the Customer accepts the terms without reservations and in full.

4. Price and Payment Procedure

1. Service costs and payment procedures are determined during order placement or are established on the website: https://painty.cc/
2. All payments under the Agreement are made by non-cash payment.

5. Confidentiality and Security

1. In implementing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with applicable data protection laws and regulations.
2. The Parties undertake to maintain the confidentiality of information received during the execution of this Agreement and to take all possible measures to protect the received information from disclosure.
3. Confidential information means any information transmitted by the Service Provider and the Customer in the process of implementing the Agreement and subject to protection, exceptions are indicated below.
4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, graphs, specifications and other documents provided to the Service Provider, both in paper and electronic form.

6. Force Majeure

1. The Parties are released from liability for non-performance or improper performance of obligations under the Agreement if proper performance became impossible due to force majeure, i.e. extraordinary and unavoidable circumstances under these conditions, which include: prohibitory actions of authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
2. If these circumstances occur, the Party must notify the other Party within 30 (thirty) business days.
3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of force majeure.
4. If force majeure circumstances continue for more than 60 (sixty) business days, each Party has the right to refuse this Agreement unilaterally.

7. Liability of the Parties

1. In case of non-performance and/or improper performance of their obligations under the Agreement, the Parties bear liability in accordance with the terms of this Offer.
2. The Service Provider is not liable for non-performance and/or improper performance of obligations under the Agreement if such non-performance and/or improper performance occurred due to the fault of the Customer.
3. The Party that has not fulfilled or improperly fulfilled its obligations under the Agreement is obliged to compensate the other Party for losses caused by such violations.

8. Validity Period of this Offer

1. The Offer comes into force from the moment it is posted on the Service Provider's Website and is valid until it is withdrawn by the Service Provider.
2. The Service Provider reserves the right to make changes to the terms of the Offer and/or withdraw the Offer at any time at its discretion. Information about changes or withdrawal of the Offer is communicated to the Customer at the choice of the Service Provider by posting on the Service Provider's website, in the Customer's Personal Account, or by sending an appropriate notification to the email or postal address specified by the Customer when concluding the Agreement or during its execution.
3. The Agreement comes into force from the moment the Customer accepts the terms of the Offer and is valid until the Parties fully fulfill their obligations under the Agreement.
4. Changes made by the Service Provider to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Customer in full.

9. Additional Terms

1. The Agreement, its conclusion and execution are governed by applicable law. All issues not regulated by this Offer or not fully regulated are governed in accordance with applicable law.
2. In the event of a dispute that may arise between the Parties during the performance of their obligations under the Agreement concluded under the terms of this Offer, the Parties are obliged to resolve the dispute peacefully before starting legal proceedings.
   Legal proceedings are carried out in accordance with applicable law.
   Disputes or disagreements on which the Parties have not reached an agreement are subject to resolution in accordance with applicable law. Pre-trial dispute resolution procedure is mandatory.
3. The Parties have determined English as the language of the Agreement concluded under the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, provision of requirements/notifications/clarifications, provision of documents, etc.).
4. All documents to be provided in accordance with the terms of this Offer must be drawn up in English or have a certified translation into English.
5. Inaction of one of the Parties in case of violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, and also does not mean waiver of its rights in case of similar or similar violations by one of the Parties in the future.
6. If the Service Provider's Website contains links to other websites and materials of third parties, such links are posted solely for informational purposes, and the Service Provider has no control over the content of such sites or materials. The Service Provider is not responsible for any losses or damages that may arise from the use of such links.

10. Pricing Plans

11. Service Provider Details

Company Name: LIMITED LIABILITY COMPANY "CODETYPE"

Tax ID (INN): 6102080670

Registration Number (OGRN): 1256100009648

Contact Phone: +79289918089

Contact email: [email protected]