User Agreement on the use of the Electronic Parking System of Internet Lab LLC

1. GENERAL PROVISIONS

• 1.1. This User Agreement (hereinafter — the "Agreement") governs the relationship between Internet Lab LLC (hereinafter — the "Contractor") and the legal entity that has entered into a contract with the Contractor for the provision of access to the Electronic Parking System (hereinafter — the "Customer").
• 1.2. The subject of this Agreement is the granting to the Customer of a non-exclusive right to use the software "Electronic Parking System" (hereinafter — the "System") on a subscription basis.
• 1.3. This Agreement applies together with the contract concluded between the Contractor and the Customer. In the event of a contradiction between the terms of the Agreement and the contract, the terms of the contract shall prevail.
• 1.4. By commencing use of the System, the Customer confirms that it has fully familiarized itself with the terms of this Agreement, understands them and unconditionally accepts them. If the Customer does not agree with the terms of the Agreement, it must cease using the System and send the Contractor a notice of termination of the contract in accordance with its terms.
• 1.5. The Contractor has the right to unilaterally amend the terms of this Agreement by publishing a new edition on the official website of the Contractor https://internetlab.ru/ and notifying the Customer by email. Continued use of the System after 15 (fifteen) business days from the date of sending the notification means the Customer's consent to the new edition of the Agreement.

2. TERMS AND DEFINITIONS

For the purposes of this Agreement, the following terms shall apply:

• "System" — the software "Electronic Parking System", including the web interface, mobile applications, API and accompanying documentation, developed and maintained by the Contractor.
• "Subscription" — a paid right of access to the System on the terms of monthly payment according to the current tariff.
• "Tariff" — the cost of the subscription for one calendar month, established by the Contractor.
• "Reporting period" — 1 (one) calendar month of provision of access to the System.
• "Personal account" — a protected section of the System through which the Customer manages settings, tariffs and users.
• "Administrator" — an authorized employee of the Customer who manages the Personal account.
• "End user" — an individual who interacts with the public interface of the System for the purpose of booking and paying for a parking space.
• "Personal data" — any information relating to a directly or indirectly identified individual, processed in the System.

3. PROCEDURE FOR PROVIDING ACCESS

• 3.1. Access to the System is provided to the Customer from the moment the first payment is credited to the Contractor's settlement account. Access is activated within 3 (three) business days from the date of crediting.
• 3.2. The Contractor undertakes to ensure the availability of the System at a level of at least 98% per month (SLA). The time of scheduled technical works, of which the Customer has been notified at least 24 hours in advance, is not included in the availability calculation.
• 3.3. The System is provided on an "as is" basis. The Contractor does not guarantee that the functionality of the System will meet the Customer's expectations or will be applicable for its specific purpose beyond the description posted on the official website of the Contractor.
• 3.4. The Contractor has the right to engage third parties (subcontractors) to ensure the operation of the System, while retaining full responsibility for their actions towards the Customer.
• 3.5. The Contractor has the right to carry out scheduled technical works preferably at night (from 00:00 to 06:00 Moscow time) with notification of the Customer at least 24 hours in advance.

4. SUBSCRIPTION COST AND PAYMENT PROCEDURE

• 4.1. The cost of the subscription is determined by the current tariff at the time of invoicing. The current tariff is specified in the Annex to the contract or in the Customer's Personal account.
• 4.2. The Contractor has the right to change the cost of the subscription unilaterally. The change takes effect after 15 (fifteen) business days from the date of sending the corresponding notification to the Customer by email or through the Personal account.
• 4.3. If the Customer does not agree with the change of the tariff, it has the right to terminate the contract in the manner provided by Section 9 of this Agreement, no later than the date of entry into force of the new tariff. The absence of objections and continued use of the System after the date of entry into force of the new tariff means the Customer's unconditional consent to the new tariff.
• 4.4. Payment is made monthly as 100% prepayment no later than the 25th (twenty-fifth) day of the month preceding the reporting period.
• 4.5. All settlements are made in Russian rubles. The date of payment is considered the day the funds are credited to the Contractor's settlement account.
• 4.6. If the Customer violates the payment deadline, the Contractor has the right to suspend access to the System without prior notification until the debt is fully repaid and has the right to charge penalties in the amount of 0.1% of the debt amount for each calendar day of delay.
• 4.7. Periods of access suspension due to the Customer's violation of the payment deadline are not counted towards the Contractor's SLA obligations and are not subject to compensation.

5. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

5.1. The Contractor undertakes to:

• provide the Customer with access to the System subject to timely payment of the subscription;
• ensure the operability of the System at the SLA level specified in clause 3.2;
• eliminate malfunctions caused by the fault of the Contractor's program code, within the cost of the subscription;
• notify the Customer of changes to the tariff and the terms of the Agreement in the manner and within the time limits established by this Agreement.

5.2. The Contractor has the right to:

• change tariffs and the terms of the Agreement unilaterally, in compliance with the notification periods established by this Agreement;
• suspend access to the System if the Customer violates the payment terms or other material terms of this Agreement;
• make changes to the System (updates, interface changes, addition or removal of functions) without prior agreement with the Customer;
• indicate the Customer's name as a client in the Contractor's marketing materials, unless otherwise provided by the contract;
• engage subcontractors to provide services, while remaining responsible for their actions.

6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

6.1. The Customer undertakes to:

• pay the subscription in a timely manner in accordance with the terms of the contract and this Agreement;
• ensure that its employees and Administrators have the appropriate qualifications to work with the System;
• immediately notify the Contractor of any errors, vulnerabilities or incorrect operation of the System known to the Customer;
• not transfer to third parties the login credentials for access to the Personal account;
• comply with the requirements of the legislation of the Russian Federation when using the System, including with respect to the processing of End users' personal data;
• provide the Contractor with all materials and information necessary for the provision of services, within the established time limits.

6.2. The Customer is prohibited from:

• carrying out reverse engineering, decompilation or attempts to obtain the source code of the System;
• transferring to third parties the access rights to the System granted under this Agreement (sublicensing);
• using the System to store or transmit illegal content;
• taking actions capable of disrupting the operability of the System or its infrastructure;
• removing or altering information about the Contractor's copyrights and trademarks in the System.

6.3. The Customer has the right to:

• use the System in accordance with its documentation and the purposes provided by the contract;
• contact the Contractor's technical support on matters of the System's operation;
• change the tariff by sending a notification to the Contractor at least 10 (ten) business days before the start of the next reporting period.

7. INTELLECTUAL PROPERTY

• 7.1. The System is the result of the Contractor's intellectual activity and is protected by the copyright legislation of the Russian Federation. All rights to the System, including the source code, algorithms, design and documentation, belong to the Contractor.
• 7.2. This Agreement grants the Customer a simple (non-exclusive) license to use the System to the extent provided by the contract. No other rights to the System are transferred to the Customer.
• 7.3. The algorithms of the System's operation and its source code are a commercial secret of the Contractor. Any unauthorized use thereof constitutes a violation of the Contractor's rights and is a ground for early termination of access without reimbursement of the subscription cost.
• 7.4. The Customer retains all rights to the data it enters into the System. The Contractor does not claim rights to the Customer's and End users' data.

8. PERSONAL DATA AND CONFIDENTIALITY

• 8.1. The Customer is the operator of the personal data of End users processed through the System and bears all obligations of the operator in accordance with Federal Law No. 152-FZ of 27.07.2006 "On Personal Data".
• 8.2. The Customer undertakes to independently ensure the receipt of consents from End users for the processing of their personal data in the System, as well as the fulfillment of other requirements of the personal data legislation.
• 8.3. The Contractor processes the Customer's personal data (requisites, contact details of employees) exclusively for the purposes of fulfilling the contract and this Agreement.
• 8.4. The Parties undertake to maintain the confidentiality of the terms of the contract, technical information about the System and other information transferred by the other Party and designated as confidential, during the entire term of the contract and for 3 (three) years after its termination.

9. LIABILITY. LIMITATION OF LIABILITY

• 9.1. The Customer bears full responsibility for the legality, accuracy and quality of the materials, data and content posted in the System. In the event of claims, lawsuits or demands from third parties against the Contractor related to such materials, the Customer is obliged to settle them independently and reimburse the Contractor for all losses incurred.
• 9.2. The Contractor is not liable for:
• the quality, speed and stability of the Internet connection on the side of the Customer, the bank or End users;
• failures in the operation of the System caused by the actions of the Customer, its employees or End users;
• loss, distortion or non-delivery of data entered into the System in offline mode, if before the connection was restored the program was forcibly closed, the cache was cleared or the device failed;
• double bookings arising as a result of untimely synchronization of the System due to the lack of an Internet connection on the End user's device;
• the impossibility of making a booking or payment due to increased load on the cellular networks of third parties (including during mass events);
• any indirect losses, lost profits of the Customer or third parties related to the use or temporary inoperability of the System.
• 9.3. The aggregate liability of the Contractor to the Customer on any grounds related to this Agreement is limited to the cost of 1 (one) month of the subscription paid by the Customer in the period when the ground for liability arose.
• 9.4. If the Contractor violates the System availability indicator (SLA, clause 3.2), the Customer has the right to demand a recalculation of the cost of the corresponding reporting period in proportion to the downtime. No other sanctions for SLA violation shall apply.
• 9.5. Elimination of malfunctions caused by the actions of the Customer, its employees or failures in their hardware and software complex is carried out for an additional fee at the Contractor's tariffs on the basis of an annex to the main contract.

10. TERM. AMENDMENT AND TERMINATION OF THE AGREEMENT

• 10.1. This Agreement enters into force from the moment the Customer starts using the System and remains in effect for the entire term of the contract.
• 10.2. The Contractor has the right to amend the terms of this Agreement unilaterally by publishing a new edition on the official website and sending a notification to the Customer. The amendments enter into force 15 (fifteen) business days after the notification is sent, unless the Customer sends a written refusal and initiates termination of the contract before the expiration of the specified period.
• 10.3. Either Party has the right to terminate the contract with prior written notice to the other Party at least 1 (one) calendar month in advance, subject to the restrictions provided by the contract, whereby the contract is deemed terminated upon the expiration of the specified monthly notice period.
• 10.4. The Customer is obliged to pay for access to the System in full for the entire reporting period until the actual termination of the contract, including the full calendar month from the moment the notification is sent, regardless of the volume of actual use of services during this period.
• 10.5. In the event of termination of the contract at the Customer's initiative within the first 12 (twelve) months from the start of the contract, the Customer is obliged to pay all 12 (twelve) full months of access to the System.
• 10.6. Upon termination of the contract on any grounds, the Customer is obliged to cease using the System. The Contractor has the right to delete the Customer's data from the System after 30 (thirty) calendar days from the date of termination of the contract, unless otherwise provided by the contract.
• 10.7. The Contractor has the right to suspend or terminate access to the System without reimbursement of the subscription cost in the following cases:
• violation by the Customer of material terms of this Agreement or the contract;
• cessation of the Customer's activity as a legal entity;
• entry into force of regulations making it impossible or significantly difficult to provide access to the System;
• occurrence of force majeure circumstances lasting more than 60 (sixty) calendar days.

11. FORCE MAJEURE

• 11.1. The Parties are released from liability for non-performance or improper performance of obligations under this Agreement if such non-performance was a consequence of force majeure circumstances: natural disasters, natural and industrial catastrophes, terrorist acts, military operations, civil unrest, adoption by state authorities of acts restricting the activities of the Parties, and other circumstances that the Parties could not have foreseen or prevented.
• 11.2. The Party for which force majeure circumstances have arisen is obliged to notify the other Party within a reasonable time and to commence performance of its obligations immediately after such circumstances cease.
• 11.3. The Customer's obligations to pay the subscription are not suspended in connection with the occurrence of force majeure circumstances on the Customer's side.

12. NOTIFICATIONS

• 12.1. All notifications provided for by this Agreement may be sent:
• by email specified in the contract or Personal account;
• through the Customer's Personal account in the System.
• 12.2. A notification is deemed received:
• when sent by email — on the next business day after sending, unless a non-delivery notification is received;
• when published in the Personal account — at the moment of publication.
• 12.3. The Customer is obliged to keep the email address specified in the contract up to date. The Contractor is not liable for non-receipt of notifications if the email address is specified incorrectly or is outdated.

13. MISCELLANEOUS

• 13.1. This Agreement is governed by the legislation of the Russian Federation. All disputes not settled through negotiations are referred to the Arbitration Court of the Samara Region.
• 13.2. The Customer agrees that claims and disputes are considered on an individual basis.
• 13.3. If any provision of this Agreement is held invalid by a court, the remaining provisions shall remain in full force.
• 13.4. This Agreement applies to all updates and new versions of the System provided to the Customer under the subscription, unless, when updating the System, the Customer is offered to familiarize itself with a new edition of the Agreement.
• 13.5. The Contractor's inaction in the event of the Customer's violation of the provisions of this Agreement does not deprive the Contractor of the right to take appropriate measures to protect its interests at a later time.

14. CONTRACTOR'S DETAILS