USER AGREEMENT

(adhesion contract)

 

The administration of the Automotive Analytics Center (AAC) website, hereinafter referred to as the "Administration", provides for a fee to a person (legal entity or natural person, including individual entrepreneur) the right to use the Website /auth/ (hereinafter – the Website) from the moment of registration of such person on the Website.

In accordance with Article 435 of the Civil Code of the Russian Federation (CC RF), this User Agreement is an offer addressed to a limited circle of natural and legal persons, including individual entrepreneurs.

A person who has completed the registration procedure on the Website becomes a User of the Website. Registration of a User on the Website is carried out by filling out the registration form and clicking the "Register" button located on the same page of the Website. In accordance with Article 438 of the CC RF, registration constitutes the User's acceptance of this offer (unconditional acceptance by the User of the terms of this Agreement and expression of consent to all terms of this Agreement).

This User Agreement has been developed in accordance with the requirements of the legislation of the Russian Federation and is aimed at regulating the relationship between the Administration and the User, defining their main rights, obligations and responsibilities.

 

1. TERMS AND DEFINITIONS USED IN THE AGREEMENT

1.1. The following terms and definitions are used in the text of this User Agreement: 

1.1.1. Database "Automotive Analytics Center" (Database, DB) - a regularly updated information resource organized in accordance with certain rules and representing a set of data, in particular, history of automotive brands, model range, technical specifications, configurations, prices, photo bank and other information. The Database is intended to meet the information needs of the User. The right to use the Database is granted on a commercial basis in accordance with a sublicense agreement. 

1.1.2. User – a visitor to the Website who has completed the registration procedure on the Website, having their own personal page (Profile) located on the Website. The User may be of the following category:

- brand administrator;

- representative office employee;

- dealer center employee.

1.1.3. Profile - a page on the Website with contact and other information about the User.

1.1.4. Moderation - review by a moderator or administrator of the content of information created on the Website for compliance with the provisions of the Agreement and the terms of the documents specified in clause 2.3 of the Agreement, as well as correction or deletion of information from the Website with or without notifying the User.

1.1.5. Tariffs (price list) – an appendix to this Agreement and an integral part thereof.

 1.1.6. Website – a result of intellectual activity, which is a composite work located in the information and telecommunications network under a specific network address and including computer programs ensuring its operation, graphic design (design), content (text information) posted on it, as well as other results of intellectual activity, in particular photographic images, video recordings, etc. For the purposes of this Agreement, the Website means the Website located on the Internet under the domain name (address) – /, as well as its "mirrors". 

1.1.7. Related Persons - additional persons (natural persons, legal entities, individual entrepreneurs, etc.) of the User who carry out the User's business activities.

1.1.8. Services – services provided by the Administration to the User determined in accordance with the Tariffs (price list), as well as the functional and technical capabilities of the Website.

1.1.9. User's Account Data - the User's unique name: login and password to access the Website, specified by the User during registration on the Website, as well as any information about the User posted by them on the Website.

1.2. Terms not defined in clause 1.1. of this User Agreement may be used in the User Agreement. In these cases, the interpretation of terms is carried out in accordance with the text and meaning of this Agreement. In the absence of an unambiguous interpretation of a term in the text of the User Agreement, one should be guided by the interpretation of terms: first of all – as defined on the Website, secondly – in accordance with the civil legislation of the Russian Federation.

2. SUBJECT OF THE AGREEMENT

2.1. The Administration grants the User the right to use the Website, including:

- the right to read information posted on the Website in restricted access;

- the right to search for information available on the Website;

- the right to create content (only for users with the appropriate access level).

2.2. The Administration enables the User to exercise the right to use the Website by providing:

- services determined on the basis of the sublicense agreement and this Agreement, Tariffs (price list), functional and technical capabilities of the Website.

2.3. A mandatory condition for granting the User the right to use the Website, in accordance with the Agreement, is the acceptance, observance by the User and application to the relations of the Parties of the requirements and provisions defined by the following documents:

2.3.1. Sublicense Agreement;

2.3.2. This Agreement and all appendices thereto; 

2.4. The Administration reserves the right to independently change the terms of this Agreement and all its integral parts without coordination with the User, but with notification of the latter by posting on the Website a new version of the Agreement or any of its integral parts that has been changed. The User undertakes to independently monitor changes to the User Agreement. Failure to comply with this obligation shall impose responsibility and all negative consequences solely on the User. The new version of the Agreement and/or any of its integral parts comes into force from the moment of publication on the Website, unless a different effective date for the changes is determined by the Administration when they are published. The current version of the Agreement and all appendices thereto is publicly available on the Website at: /auth/.

2.5. In case of disagreement with the new version of the User Agreement, the User must stop using the Website and also notify the Administration in writing (by registered mail) or by electronic means of the refusal to use the Website. If the User does not notify the Administration of their disagreement, it is considered that the User has agreed to the new version of the User Agreement.

2.6. The Administration does not guarantee that information available at a particular time will be available at any other time during the entire term of the Agreement.

2.7. By accepting the terms of this Agreement, the User thereby gives their consent to receive informational, advertising and other types of mailings from the Administration to their email address and undertakes not to make any claims or demands against the Administration related to the implementation of such mailings.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. Rights and obligations of the Administration: 

3.1.1. The Administration undertakes to:

- grant the User the right to use the Website;

- provide the User with services determined in accordance with the Tariffs (price list), to the extent, within the time frames and under the conditions established in the sublicense agreement, this Agreement and appendices thereto; 

- not disclose the User's Account Data. The Administration is not responsible for their acquisition by third parties not due to the fault of the Administration, in particular, in connection with the actions of third parties, including persons providing hosting services for the Website.

3.1.2. The Administration has the right to:

3.1.2.1. At its sole discretion, unilaterally change the cost of providing Services, with obligatory notification of the User by posting relevant information on the Website by making changes to the Tariffs (price list). 

3.1.2.2. In the event of a violation by the User of the terms of the Agreement, as well as the terms of the documents specified in clause 2.3 of the Agreement:

a) refuse to perform this Agreement;

b) block the User's access to the User's Account Data; 

c) cancel the User's Profile; 

d) suspend the provision of Services under the sublicense agreement to the User for a certain period;

e) limit the provision of Services to the User for a certain period or without specifying a period; 

f) carry out Moderation of the Website; 

g) make changes to the technical equipment and computer code of the Website, namely install additional applications, tools, etc.; 

h) at any time demand from the User confirmation of the data specified during registration and request supporting documents in connection therewith. In the event that the User provides false or incomplete information, the Administration has the right to apply to such User the measures specified in this Agreement; 

i) collect, store, systematize and use information about the User's activity on the Website, in particular, statistics of the User's visits to the Website, etc.; 

k) without the User's consent, transfer data about the Website User to:

- state bodies, including inquiry and investigation bodies, and local self-government bodies upon their reasoned request; 

- on the basis of a judicial act; 

- to third parties and public organizations upon their reasoned request in the event of a violation or alleged violation of their rights; 

- in other cases provided for by the legislation of the Russian Federation.

l) in the event of a violation by the User of clause 3.2.1.4. of this Agreement, place (post) information about the transfer of the User's Account Data to third parties in the User's Profile.

3.1.2.3. Carry out preventive maintenance on the software and hardware complex of the Website with a temporary suspension of the Website's operation (if possible at night), minimizing the Website's downtime, notifying the User of preventive maintenance if technically possible. 

3.1.2.4. In exceptional cases, the Administration, at its discretion and when necessary, has the right, without prior notice and without explanation of reasons, to block any User's access to the Profile without the possibility of restoring such access.

3.2. Rights and obligations of the User:

3.2.1. The User undertakes to:

3.2.1.1. Comply with the terms of this Agreement. 

3.2.1.2. Not transfer their Account Data to third parties. Failure to comply with this obligation shall impose responsibility and all negative consequences solely on the User.

3.2.1.3. Not accumulate or collect email addresses or any other contact information of Website Users by automated means. 

3.2.1.4. Not transfer their login and password to anyone for using the Website. Unless the User proves otherwise, any actions performed using their login and password are considered to have been performed by the User themselves. 

3.2.1.5. Not use automated scripts (programs) to collect information or interact with the Website or the services provided by the Website, except for services created by the Administration specifically for such cases.

3.2.1.6. Not take actions aimed at gaining access to other people's Account Data against the will of the persons to whom they belong.

3.2.1.7. Not distribute/send spam (mass mailing of commercial, political and other advertising or other types of messages (information) to persons who have not expressed a desire to receive them) to Users on the Website by any possible means (forum; form for sending a message to e-mail; counter offers for the type of services provided, etc.).

3.2.1.8. Reimburse the Administration for all losses and expenses incurred by the Administration as a result of the User's violation of the provisions of this Agreement.

3.2.2. The User has the right to:

- use for their own, including commercial, purposes the information received on the Website; 

- use the service after its payment. 

4. RIGHT AND PROCEDURE FOR USING THE WEBSITE

4.1. In order to exercise the right to use the Website, the User must complete a mandatory registration procedure. Upon completion of the registration process, the User becomes the holder of the User's Account Data. To start working with the Website, the User must enter their login and password on the authorization page.

4.2. Website Users are divided into the following categories:

- brand administrator, who has two sub-groups of users, namely:

- representative office employees;

- dealer center employees.

The brand administrator determines the rights and restrictions in using the Website for both sub-groups.

The number of Users from the representative office is unlimited.

The number of Users from each dealer center is 10 (ten) Users. The number of Users can be expanded for an additional fee in accordance with the Tariffs (price list).

4.2.1. Upon registration, the User must select the appropriate category (sub-group).

A User from a dealer center must also select the name of their dealer center from the drop-down list. The list is generated by AAC in the system.

4.2.2. Users from the dealer center are managed by the dealer center moderator (if any).

The moderator (if any) has the right to activate the User, determine the User's rights, and delete the User.

The moderator has the right to form a list of vehicle comparisons, has the right to save only those comparisons in which the base model (the base one - the one with which the comparison is made) is a model of the moderator's brand, and also manage the list of restrictions in the equipment used (has the right to form a comparison for their own purposes). The moderator receives the segmentation and the initial list of the "value" table from the brand administrator. The rights and capabilities of the moderator are determined by the brand administrator.

An ordinary User of a dealer center is a "manager". The manager is not entitled to manage equipment lists and uses the list that was generated by the moderator of their dealer center or the brand administrator (if there is no dealer center moderator).

4.2.3. A representative office User is authorized and managed by the brand administrator. A representative office User is by default entitled to use the segmentation and value table from the brand administrator; if granted appropriate rights by the brand administrator, they can create their own segmentation and value table.

4.2.4. The Frequently asked questions (FAQ) section at: https://aac-portal.com/about/faq/ contains answers to frequently asked questions about the technical capabilities of the Website and other issues regarding working with the information resource, namely:

Account

How to change the username?

How to change the account password?

Language versions of the portal

How to switch the language?

Main competitors

What are "Main competitors"?

How to set up the list of main competitors?

Value table

What is the "Value table"?

What are "Presets" in the value table?

How to add a value preset?

How to change a value preset?

How to delete a value preset?

How to set a value preset as default?

News

How to set up the display of news blocks on the main page?

How to view all news?

Catalog

How to find the right car?

How to view current discounts on a car and the price with discount?

How to view the dimensions of a car?

How to download a brochure, owner's manual or service book for the car being viewed?

How to view photos of the car?

How to select the desired configurations for display in the "Photo Bank" block?

How to start comparing the car being viewed with others?

Model comparison

Comparison section with presets (for dealer center manager)

How to select the main trim level of the model for comparison?

Why is the comparison list not empty after selecting the main one?

How to select models to compare with?

How to start comparing the selected models?

What are comparison presets?

How to add a comparison preset?

How to change the name or description of a comparison preset?

How to change the set of compared trim levels in a comparison preset?

Model comparison results

How to change the set of trim levels for comparison?

How to export to Excel?

How to create a preset based on a compiled set?

What options are available for viewing results?

What do the numbers in the red and green rectangles mean?

How is the adjusted price (AP) calculated?

How to change the used value preset?

What are VP Index and VPD Index?

What are AP Index and APD Index?

Comparison by dimensions and equipment search

How to compare models by specific dimensions?

How to search for specific equipment in models?

What are presets in comparison by dimensions and equipment search?

How to read the results of dimension comparison?

How to read the results of equipment search?

How to export comparison results to Excel?

User moderation (available only to dealer center moderator)

How to view the list of users of your dealer center?

How to approve or reject a registration request from a user of your dealer center?

How to change information about a user of your dealer center?

How to disable a user account of your dealer center?

5. INTELLECTUAL PROPERTY

5.1. The design and program code of the Website, information, graphics, audio, video, photo and other content of the Website are the intellectual property of the Administration and are protected in accordance with the legislation of the Russian Federation. No one has the right to reproduce, copy, modify, distribute, transmit or disseminate the posted materials in any way.

5.2. In the event of a violation by the User of the provisions of clause 6.1. of the Agreement, the Administration has the right to immediately take actions to block the User's Account Data and delete the User's Profile from the Website.

6. RESPONSIBILITY OF THE PARTIES

6.1. The User independently determines the list of measures to keep their Account Data secret and ensure authorized access to it. The Administration is not responsible for losses caused to the User as a result of disclosure of the User's Account Data to third parties that occurred not due to the fault of the Administration. If any person other than the User authorizes on the Website using the User's Account Data, then all actions performed by such person will be considered performed by that User. The User is responsible for all actions performed by them on the Website, as well as for all actions performed on the Website by any other persons using the User's Account Data.

6.2. The Administration is not responsible for losses caused to the User as a result of another User providing false information, nor for losses caused by the actions (inaction) of another User. The Administration does not guarantee that the information contained in the User's Profile is accurate and complete, since it is entered by the User themselves.

6.3. The User is fully responsible for any actions that cause damage to the Administration and/or third parties.

6.4. The Administration makes every possible effort to ensure the normal operation of the Website, but is not responsible for non-performance or improper performance of obligations under the Agreement, nor for possible losses resulting from:

6.4.1. unlawful actions of Users aimed at violating information security or the normal functioning of the Website.

6.4.2. malfunctions of the Website caused by errors in code, computer viruses and other extraneous code fragments in the Website's software.

6.4.3. absence (impossibility of establishing, termination, etc.) of Internet connections between the User's server and the Website's server.

6.4.4. conduct by state and municipal bodies, as well as other organizations, of activities within the framework of the system of operational-search measures. 
6.4.5. establishment of state regulation (or regulation by other organizations) of the business activities of commercial organizations on the Internet and/or establishment by these entities of one-time restrictions that make the performance of the Agreement difficult or impossible.

6.4.6. other cases related to the actions (inaction) of Users and/or other subjects aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of conclusion of the Agreement, as well as any other actions directed at the Website and at third parties.

6.4.7. performance of work related to the functioning of the Website, including the work specified in this Agreement.

6.5. In the event of force majeure circumstances, as well as accidents or failures in the software and hardware complexes of third parties cooperating with the Administration, or actions (inaction) of third parties aimed at suspending or terminating the functioning of the Website, it is possible to suspend the operation of the Website without prior notice to Users.

7. DISPUTE RESOLUTION PROCEDURE

7.1. In the event of disputes arising between the User and the Administration on issues related to the performance of the Agreement, the Parties will take all measures to resolve them through negotiations between themselves and using the claim procedure.

7.2. The claim procedure for resolving disputes between the Parties is mandatory. Claims of Users are accepted and considered by the Administration only in writing and in the manner prescribed by this Agreement and the legislation of the Russian Federation.

7.3. The following claim procedure is applied to resolve disputes arising between the Parties:

- The Party that believes its rights have been violated due to the actions of the Website sends by email to: support@aac-portal.com  a claim containing the essence of the claim being made and its justification;

- if the Parties fail to resolve the dispute through email communication, the User is obliged to send a written claim by registered mail to the location of the Website Administration.

If a response to the written claim is not received within 30 (thirty) calendar days from the date of receipt of the registered letter by the other Party, the claim procedure is considered to have been complied with and the Party has the right to go to court. 

The Administration also sends a response to the written claim by registered mail. From the moment of receiving a written response to their claim, the User is obliged to re-send a written claim by registered mail, taking into account the response to their initial claim.

The Administration has the right to consider the repeated claim within 30 (thirty) calendar days from the date of its receipt.

If within 45 (forty-five) calendar days the User who sent the repeated claim does not receive a response, or receives a response that does not satisfy the User, or the causes that gave rise to the conflict situation are not eliminated, the User has the right to go to court at the location of the Administration.

7.4. To resolve technical issues in determining the User's fault as a result of their unlawful actions when using the Internet and the Website in particular, the Administration has the right to independently engage competent organizations as experts. If the User's fault is established, the latter is obliged to reimburse the costs of the examination.

7.5. If agreement is not reached between the Parties through negotiations, the dispute arising from this Agreement shall be considered in the Arbitration Court of Moscow, or in a court of general jurisdiction at the location of the Administration (if the User is an individual).

8. ENTRY INTO FORCE OF THE AGREEMENT AND OTHER PROVISIONS

8.1. The Agreement comes into force for Website Users from the moment the Agreement is published on the Website, and for all other persons who are not yet Website Users at the time of publication of this Agreement - from the moment of acceptance of this offer by the User. Acceptance (unconditional acceptance of the terms of this Agreement) of this offer is considered to be the User making a payment for the service provided under the sublicense agreement, the User completing registration on the Website by filling out the registration form and expressing consent to the terms of the Agreement by clicking the "Register" button located on the Website page with the registration form.

8.2. The Agreement is concluded for a term specified by the sublicense agreement.

8.3. This Agreement applies to Users who registered before the date of publication of this Agreement on the Website. The User undertakes to independently familiarize themselves with the terms of the Agreement. If the User does not agree with the terms of this Agreement, they must immediately refuse to use the Website by sending a written notice of refusal to use the Website to the Administration, otherwise continued use of the Website by the User means agreement with the terms of the Agreement.

8.4. Correspondence related to the performance of this Agreement may be sent by postal, facsimile or electronic means. Documents transmitted by fax and email are recognized as valid provided they bear hardware marks of the date and time of sending, the name of the organization/individual and number, affixed by the fax machine, and the signatures of authorized representatives of the Parties in such correspondence have the force of handwritten signatures, which does not relieve the Parties from subsequently providing original documents. Such correspondence transmitted via facsimile and/or electronic (internet) communication with seals and signatures of authorized persons, before the exchange of originals between the Parties, has the same legal force as originals, which, if necessary, will be evidence in court.

8.5. The Agreement published at the current moment has greater legal force and supersedes the previous versions of the Agreement.

8.6. Issues not regulated by the Agreement and the documents specified in the Agreement shall be resolved in accordance with the legislation of the Russian Federation.