Performer: Individual Entrepreneur Dombrovsky Alexander Dmitrievich.
Terms and Definitions
Customer means an individual who has accepted the Offer and concluded the Agreement with the Performer. Service means Exalify software available at https://exalify.ru, https://exalify.ai, https://exalify.com and in the Exalify iOS and Android application. For activity in Russia and services to Russian citizens, the Performer uses https://exalify.ru unless otherwise follows from the circumstances. Account means Customer data needed for identification and access to the Service Functionality through the personal account. Service Functionality means functions, tools, task formats, limits, interfaces, settings, neural network and other capabilities available depending on the selected Tariff. Tariff means Service-use terms established by the Performer, including price, billing period, functionality, limits, payment procedure, automatic renewal and other terms displayed in the Service. Trial Access means limited free access after registration. Training means a unit for accounting use. Neural Network means automated technology used to process Customer requests and materials. Recurring Payment means automatic charging for the next billing period. Payment Acceptance System means online payment services used by the Performer, including YooKassa, Robokassa and other services indicated in the Service. Exam Designations are exam names used solely for language-practice descriptions. Agreement means the agreement concluded by acceptance of this Public Offer.
Acceptance
Acceptance means complete and unconditional acceptance of the Agreement by a person intending to use the Service. Acceptance may be made by a person with the required legal capacity who has reached the age of 14. Acceptance includes registration, creation of an Account, giving consent through the Service, use of Trial Access, selection or payment of a Tariff, actual use of the Service or other actions showing acceptance. From acceptance, the Agreement is concluded. By accepting, the Customer confirms that all necessary information about the Performer, Service, selected Tariff, payment, automatic renewal, refunds and other material terms has been provided, and that the Customer has read and accepted the Agreement, User Agreement, Privacy Policy and selected Tariff terms.
Subject Matter
The Performer undertakes to provide the Customer with access to Service Functionality under the Agreement and selected Tariff, and the Customer undertakes to pay for such access and use the Service in accordance with the Agreement, User Agreement and other documents placed in the Service. Scope, term, price and other access terms are determined by the selected Tariff as displayed in the Service. Services to Customers in Russia are provided through https://exalify.ru unless otherwise stated.
Trial Access
The Performer may provide Trial Access after registration. Unless otherwise indicated, Trial Access includes 10 Trainings and is provided once to one Customer. The Performer may determine repeat use, multiple accounts, circumvention of limits or abuse based on available data. Where abuse is suspected, the Performer may refuse, limit or terminate Trial Access, block the Account or restrict access. Unused Trial Access does not give the Customer the right to additional access, compensation or Tariff changes.
Tariffs and Payment
The Service is provided using Tariffs displayed in the Service. The composition of functionality, price, billing period, limits, automatic renewal and other conditions are determined by the information displayed at the time of selection and payment. The Performer may change Tariffs for future payments. Payment is made on 100% prepayment terms by non-cash transfer through payment systems. The payment obligation is fulfilled when confirmation of successful payment is received from the payment system, bank or other settlement participant. The Customer bears all payment-related expenses. Settlements with Customers in Russia are made in Russian rubles unless otherwise indicated.
Recurring Payments
A Tariff may be provided with automatic renewal through Recurring Payments. Selection of such Tariff, acceptance of the Agreement, payment confirmation, binding of a payment instrument or other action provided by the Service or payment system means consent to recurring charges in the amount, frequency and on the terms shown in the Service. Before payment, the Customer is provided with information about price, billing period, charge frequency and cancellation procedure. The Customer may cancel automatic renewal by the methods available in the Service or payment system.
Refunds and Access
Refunds are made in cases and in the manner provided by the Agreement, Service rules and applicable law. The Customer understands that access to digital functionality is provided for the relevant billing period and that non-use of paid access does not by itself create a right to a refund unless required by law or expressly provided by the Service. Access may be restricted for violations, suspected abuse, payment issues, chargebacks, technical reasons or legal requirements.
Discounts and Promo Codes
The Performer may provide discounts, promo codes, trial periods and special conditions. Unless stated otherwise, they are not cumulative, cannot be exchanged for money, transferred, refunded or restored after expiry. The Performer may refuse or cancel their use where abuse is suspected, including multiple Accounts, false data, circumvention of limits, mass repeated promo-code use or other bad-faith behaviour.
Neural Network, Service Results and Exam Designations
The Customer is informed that certain functions use neural networks. Results are generated automatically and may contain errors, inaccuracies or incomplete information. The Performer does not guarantee that such results correspond to the Customer's goals, expectations or requirements. Service results are for independent language practice and are not official education, certification or exam results. Exam Designations are used only to describe practice formats and do not imply affiliation with rights holders.
Rights, Obligations and Restrictions
The Customer must use the Service in good faith, provide accurate information, keep Account data confidential, comply with the Agreement, User Agreement, Privacy Policy and law, and not infringe rights or disrupt Service operation. The Performer may maintain, update, change and improve the Service, set limits, prevent abuse, suspend or restrict access where necessary, and use technical data and logs as evidence of use, payment, violations and other circumstances.
Liability and Force Majeure
The Parties are liable under Russian law and the Agreement. The Performer is not liable for losses caused by inaccurate Customer data, unlawful third-party actions, failures of third-party services, internet or payment infrastructure, Customer devices, or other circumstances outside the Performer's control. The Performer is not liable for inability to use the Service caused by circumstances beyond reasonable control.
Disputes, Amendments and Details
A mandatory pre-trial claim procedure applies unless mandatory Russian law provides otherwise. The response period is 15 business days from receipt. Unresolved disputes are considered by the court at the Performer's location unless mandatory law provides otherwise. The Performer may amend the Offer by publishing a new version in the Service. The Customer must independently monitor the current version. Performer details: Individual Entrepreneur Dombrovsky Alexander Dmitrievich; OGRNIP 321774600779754; INN 773385267530.