Control Manager Terms of Use

This Terms of Use document.
Access to and use by you of the Control Manager Service (hereinafter «Service») is the subject to these Terms of Use that together with the documents referred below constitute the entirety of the Terms of Use:

User License Agreement
Privacy Policy

You agree and acknowledge that any access or use by you the Control Manager Service will constitute an express agreement by you to comply with the Terms. And if you choose not to accept the Terms you are not to continue accessing the Control Manager Service.

User License Agreement

This User License Agreement (hereinafter – «ULA» or «Agreement») is a legal agreement between You as a User and Dotcapital LLC. as the Licensor, for use of the Control Manager Service (hereinafter «Service»).

Any use of the Service and its separate parts means that you acknowledge and agree with the following Agreement, and unconditionally accept all of its terms and policies, including any future changes.

1. Main Terms and Definitions

Company / Licensor – Dotcapital LLC., holder of exclusive rights to the Service.

User – an individual person, who is using the Service, its trial versions, materials and other services, including paid services, both before and after the registration procedure for the Service.

Service – Control Manager Software, which is subject to intellectual property rights, including its components, both separately and in aggregate that belongs to the Licensor. The main purpose of the Service – control assigned tasks.

Service Use – permitted use of the Service: installation of the Service, registration of Users for the Service, launching of the Service by Users, use of technical capabilities of the Service for free and for a fee, and other actions needed for the operation of the Service in accordance with its purpose.

Free Trial - If User registers for the Service for a free trial, the Service will be available to User on a trial basis free of charge until the earlier of (a) the end of the free trial period for which User registered to use the Service, or (b) the start date of any purchased Paid Service subscriptions ordered by User for Service.

Paid Service – fee-based providing of the exclusive right to use additional Service capabilities to the extent and on terms set forth by the Licensor.

Paying Agent – the legal entity which receives payments from the Users using various payment systems.

License License – exclusive right to use the Service for free and for a fee along with all of its annexes, which are its integral parts, including but not limited to the Terms of Use and other rules and instructions specified by the Licensor.

Control Manager Team – persons who act in the name and on behalf of the Licensor and ensure operation of the Service.

Other terms, definitions and word combinations used in the Agreement have meanings and are interpreted according to the established practice of using given terms, definitions and word combinations in the field of Internet technologies, and according to the current legislation of the Russian Federation.

2. Scope of the Agreement

2.1. In accordance with the terms of this Agreement, the Licensor provides Users with a limited, revocable, non-transferable right to freely use the Service, in accordance with its purpose and this Agreement under the non-exclusive license terms. The Licensor does not grant Users any other rights, express or implied.

2.2. In accordance with the Agreement, the Licensor grants the right to use the Service throughout the entire world.

3. General Conditions

3.1. This Agreement establishes relationships between the Licensor and the User; it is deemed concluded from the moment of the beginning of the Service use. Completion of the registration procedure for the Service additionally confirms conclusion of the Agreement between the Licensor and the User.

3.2. This Agreement can be amended, modified, added, and replaced in any form and at any time at the discretion of the Licensor.

3.3. The User must personally check the last version of the Agreement on a regular basis to be aware of the amendments and additions to it. The last version is published on the Licensor’s web-site: ctrlmanager.com. All amendments and additions to the Agreement apply retroactively and extend to the Parties' previous relationships. Any further use of the Service means unconditional acceptance of the modified version of the Agreement.

3.4. The right to use the Service is provided “AS IS”. The Licensor provides no guarantees regarding error-free, secure, uninterrupted, and continuous operation of the Service, conformity of the Service with the requirements and expectations of the User, uninterrupted and continuous storage and/or transfer of the User data, as well as correction of defects in functionality or operation of the Service. The Licensor is not responsible for any direct or indirect damage caused by the use or impossibility to use the Service, and does not provide any other guarantees, which are not clearly specified in the Agreement.

3.5. The User warrants that he/she is vested with power to use the Service, that he/she is not subject to legal restrictions on the use of the Service and that he/she has obtained all the necessary permits in the form required by law.

3.6. The list and costs of Paid Services are defined solely by the Licensor and can be changed any time. The Licensor is not responsible for the actions of Paying Agents during the receipt and processing of payments, including but not limited to the quality and terms of receipt and processing of payments, as well as information given or not given by the Paying Agent.

3.7. All payments made by the User are voluntary.

3.8. The use of the Service by the Users is voluntary. The User is not obligated to provide any personal information to the Licensor, with the exception of cases when the User needs to get access to functions of the Service, which require provision of such information.

3.9. The User agrees to the processing of the personal information by the Licensor, reflection of the personal information on the User’s personal page and distribution of the personal information to third parties from the moment of provision of such information. For more details see Privacy Policy.

3.10. This Agreement is a written Offer to conclude an agreement on the given terms. The Acceptance, i.e. consent to all conditions of the Offer, is deemed realized, when the User performs actual actions to install and use the Service, as well as completes the registration procedure for the Service.

3.11. From the moment of Acceptance of this Offer, the User agrees to receive promotional materials distributed by the Control Manager Team/ Licensor. Provision of the e-mail address or the phone number to the Licensor by the User using the Service is deemed additional confirmation of the User's consent to receive promotional materials. After receiving the User's consent to receive promotional materials, the Licensor has the right to send messages of informational nature to the Users that comply with the relevant legislation.

3.12. The User may cancel the subscription for promotional materials by sending an email to the Licensor.

4. Rights and Obligations of the Parties

4.1. The Licensor has the right to unilaterally change the quality of the provided Service, at any time and to any extent; moreover, if there is a sufficient reason, the Licensor has the right to terminate the Service without prior and subsequent notice to the User.

4.2. The Licensor has the right to collect information about the User. The Licensor has the right to send notices to the User, including notices regarding amendment of the Agreement by e-mail. The User may cancel the subscription for receiving the notices.

4.3. The Licensor has the right to close and/or limit functionality of the Service at any convenient for the Licensor time, without prior or subsequent notice of the User. The Licensor has the right to unilaterally withdraw from the Agreement and terminate the Service without prior notice. The Licensor has the right to unilaterally withdraw from provision of the Service and return of any User payments charged appropriately.

4.4. You understand that the Licensor uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

4.5. The Licensor has the right to unilaterally stop User access to the Service and/or to block User access to the Service in the future, at any time and to any extent, without prior and subsequent notice to the User, if there is an established fact of violation of the Agreement or other provisions related to the use of the Service by the User. Accounts of Users, who violate copyrights of third parties, shall be terminated.

4.6. Technical support is only provided via email.

4.7. The User is responsible for maintaining the security of his/her account and password. The Licensor cannot and will not be liable for any loss or damage from the Users’ failure to comply with this security obligation.

4.8. User login may only be used by one person – a single login shared by multiple people is not permitted. The User must be a human. Accounts registered by “bots” or other automated methods are not permitted.

4.9. The User may use all the capabilities of the Service, perform all actions contemplated by the Service, participate in communication on site by sending messages, send complaints and suggestions to improve the Service to the Licensor and perform any other actions contemplated by the Service and/or approved by the Licensor.

4.10. The User must comply with the terms of this Agreement and provisions of the applicable law.

4.11. The User must regularly check the current version of the Agreement and examine its terms.

4.12. The User must use the Service only under the terms of this Agreement. The User may not change, decompile, disassemble, decrypt or perform other actions using the source code of the Service with the goal of compromising the protection system to allow illegal use of the Service and obtain information about the algorithms used in the Service. The User may not create derivative software products using the Service without the Licensor’s written consent.

4.13. The User shall access the Service at his/her own expense, and pay for all costs associated with Internet access.

4.14. The Licensor is not responsible for any direct or indirect damage caused as a result of the use or inability to use the Service or information about the Service, as well as in connection with the actions of third parties, including other users of the Service.

4.15. The Licensor do not bear any responsibility to the User or third parties for the actions of third parties, quality and speed access to the Internet, theft, destruction of the Users’ Materials and accounts, any damage or harm, including harm to the honor, dignity or business reputation, any loss of data, any costs of replacement goods and services, or other tangible and/or intangible losses regardless of the cause, complete or partial failure to fulfill obligations, if such complete or partial failure was caused by force majeure, i.e. extraordinary and unavoidable circumstances, the onset and continuation of which are confirmed by the competent authority.

5. Miscellaneous

5.1. The legal relationship of the parties related to the conclusion, execution and termination of this Agreement is regulated by the substantive and procedural law, applicable at the place of registration of the Licensor.

5.2. Invalidity of one or more conditions of the Agreement recognized by the court in accordance with the established procedure does not result in the invalidity of the Agreement as a whole.

5.3. The Pretrial dispute resolution procedure is obligatory. The User's claim should be sent to 614000, Russia, Perm, a/ya 23. It should include a specific list of violations of the Licensor, account login, contact information and the User’s signature. Failure to comply with the form or content of the claim leads to the failure to comply with the pretrial dispute resolution procedure. The claim review and response period is 30 (thirty) business days from its receipt.

5.4. If the dispute is not settled by the pretrial dispute resolution procedure, the dispute may be submitted by any interested party to the court at the location of the Licensor.

5.5. The User has the right to contact the Licensor by sending an e-mail to info@ctrlmanager.com

Last updated: 01 April 2015

Privacy Policy

This Privacy Policy applies to (a) the Control Manager mobile app; (b) our website ctrlmanager.com; and (c) any of our other products or services (together "Service"). By using our Control Manager, you confirm that you have read, understood and agree to this Privacy Policy in its entirety. If you do not agree to this policy, please do not use the Service. If you have any questions, please email us at info@ctrlmanager.com

We respect your right to privacy and will only process personal information you provide to us in accordance with the Data Protection Act from 27 July 2006 and other applicable privacy laws. We are committed to protecting and respecting your privacy.

This Policy (together with our Terms of Use and User License Agreement) sets out the basis on which we will process any personal information we collect from you, or that you provide to us, during your use of the Service. Please read this Privacy Policy carefully to understand our views and practices regarding your personal information and how we will treat it.

Information we may collect from you

We use information held about you in the following ways:

• to ensure that content from our Service is presented in the most effective manner for you and for your computer or other device from which you access the Service;

• to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;

• to carry out our obligations arising from any contracts entered into between you and us;

• to notify you about changes to our Service.

You may also email us at info@ctrlmanager.com to request that we delete your personal information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

How we store and protect your personal information

The data that we collect from you may be transferred to, and stored at the data-centers located in Russian Federation.

By submitting your personal information, you agree to this transfer, storing and processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our Service; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

Disclosure of your information

We may disclose your personal information to third parties:

• in the event that we sell or buy any business or assets, in which case we may disclose your personal information to the prospective seller or buyer of such business or assets;

• if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect our rights, property, or safety of our customers, or others.

Any changes we may make to our Privacy Policy in the future will be posted on this page. Please therefore visit this page frequently to keep up to date with our Privacy Policy.

We welcome any questions, comments and requests regarding this Privacy Policy by email: info@ctrlmanager.com

Last updated: 01 April 2015