PUBLIC OFFER AND TERMS OF THE LICENSE AGREEMENT for the use of the "SvetoMaster PRO" Add-on

This document is a public offer of the holder of the exclusive right to the computer program «SvetoMaster» (СветоМастер), hereinafter the «Licensor», and sets out the terms on which the right to use the «SvetoMaster PRO» Add-on is granted to individuals.

For individual entrepreneurs and legal entities, this document establishes the general terms for purchasing and using the PRO Add-on, applied together with a separate agreement concluded with the Licensor. The amount of the license fee, the duration of the PRO Term, the size of the Request Limit, the payment procedure and other special commercial terms are determined by the separate agreement. In the part not amended by the separate agreement, the terms of this document apply; in the event of a conflict, the provisions of the separate agreement prevail.

By paying for the PRO Add-on and starting to use it, an individual confirms that they have read this Offer and accept its terms on their own behalf, and also confirms that they are at least eighteen years old, have the necessary legal capacity and have provided an email address that belongs to them and is accessible to them.

If the PRO Add-on is purchased by an individual entrepreneur or legal entity, its employees and other authorized persons use the PRO Add-on as Authorized Users. Acceptance of these terms by an Authorized User does not change the price, the duration of the PRO Term, the size of the Request Limit or other commercial terms of the separate agreement and does not impose a personal payment obligation on the Authorized User.

1. Terms and definitions

1.1. Website — the body of information and software resources available at https://udmx.net, including the payment pages and the Personal Account.

1.2. Software — the computer program «SvetoMaster» (СветоМастер), within which the PRO Add-on is used.

1.3. Main License — the right to use the main functionality of the Software, granted on the basis of a separate Public Offer and terms of the license agreement for the use of the computer program «SvetoMaster», hereinafter the «Software Offer».

1.4. Licensee — an individual, individual entrepreneur or legal entity to whom the right to use the PRO Add-on is granted under this Offer, including free of charge in accordance with Section 6, or on the basis of a separate agreement with the Licensor.

1.5. Authorized User — an individual whom a Licensee that is an individual entrepreneur or legal entity has permitted to use the PRO Add-on on behalf of and in the interests of the Licensee.

1.6. Personal Account (Account) — the Licensee’s account on the Website and in the Software, identified by an email address.

1.7. PRO Add-on — additional paid functionality of the Software, the composition of which is determined by Section 3 of this Offer and published on the Website.

1.8. AI Assistant — the functions of the Software included in the PRO Add-on that apply artificial intelligence technologies and require the counting of Requests, including the automated creation and adjustment of scenes, chases, presets and other settings of the Software in response to the Licensee’s requests. Individual functions of the Software that use artificial intelligence technologies may be provided by the Licensor outside the PRO Add-on and without the counting of Requests; the list of such functions is determined by the description on the Website and by the Software’s interface.

1.9. PRO Effects Library — the extended set of ready-made lighting effects and other presets included in the PRO Add-on, applied to the fixtures selected by the Licensee, access to which is provided as part of the PRO Add-on.

1.10. PRO Package — the scope of the right to use the PRO Add-on purchased by the Licensee, characterized by the duration of the PRO Term and the size of the Request Limit. The available PRO Packages, which differ in the duration of the PRO Term (in particular, one month or more), and their prices are published on the Website.

1.11. PRO Term — the period of calendar time during which the functions of the PRO Add-on are available to the Licensee. The procedure for calculating the PRO Term is established by Section 5.

1.12. Request — a notional technical unit for counting the volume of use of the AI Assistant. Requests have no independent price and are not money, currency, electronic money, an electronic means of payment, digital currency, a digital financial asset, a security, an advance payment, a deposit or an independent property right. Requests may not be transferred to another person, exchanged for money or used to pay for the Main License or for any other goods, works, services or rights.

1.13. Request Limit — the number of Requests included in the purchased PRO Package and determining the volume of use of the AI Assistant.

1.14. Limit Balance — the unused balance of the Request Limit displayed in the Personal Account and/or the Software’s interface. The Limit Balance serves an exclusively informational and technical purpose and is not a monetary account, a balance of funds or an obligation of the Licensor to pay any money.

1.15. Processing Level — the option for processing a request to the AI Assistant provided by the Software’s interface. A request processed at a higher Processing Level is counted as several Requests in accordance with the PRO Usage Rules.

1.16. PRO Usage Rules — the rules and coefficients that determine the procedure for counting Requests when processing requests, including the number of Requests counted for a request at each Processing Level. The PRO Usage Rules are published on the Website and/or displayed in the Software’s interface, including before a request is sent.

1.17. Separate agreement — an agreement, specification, addendum or other document concluded by the Licensor with an individual entrepreneur or legal entity that establishes special commercial terms for purchasing the PRO Add-on.

1.18. PRO Agreement — the license agreement for the use of the PRO Add-on, concluded by acceptance of this Offer by an individual or by the conclusion of a separate agreement with an individual entrepreneur or legal entity.

1.19. Cloud Project Storage — the functionality included in the PRO Add-on that enables the Software projects created by the Licensee to be stored on the Licensor’s server, retrieved by the Licensee in the Software on any of their devices and deleted at their command. The volume of Cloud Project Storage provided to one Licensee, the maximum size of a single project and the maximum number of stored projects are published on the Website and displayed in the Software’s interface.

2. Conclusion of the PRO Agreement

2.1. Before making payment, the Licensee must review this Offer, the description and composition of the PRO Add-on, the PRO Usage Rules, the duration of the PRO Term and the size of the Request Limit of the chosen PRO Package, as well as the amount of the license fee.

2.2. For an individual, acceptance of this Offer is the payment in full of the price of the PRO Package they have chosen. The PRO Agreement is deemed concluded from the moment the execution of the payment is confirmed by the credit institution or payment service serving the Licensee.

2.3. For an individual entrepreneur or legal entity, the PRO Agreement is deemed concluded from the moment the separate agreement is signed or from another moment expressly established by such agreement.

2.4. Where the Licensee is an individual entrepreneur or legal entity, the PRO Add-on may be used by its employees and other Authorized Users in the interests of the Licensee during the PRO Term and within the purchased Request Limit. The Licensee ensures that Authorized Users comply with these terms.

2.5. Information about an individual’s purchase of a PRO Package, its price, the composition of the PRO Add-on, the duration of the PRO Term, the size of the Request Limit and the applicable revision of the PRO Usage Rules is sent to the email address and/or displayed in the Personal Account. For an individual entrepreneur or legal entity, this information is recorded in the separate agreement and/or the Personal Account.

2.6. The right to use the PRO Add-on may be granted to an individual free of charge in accordance with Section 6, including where that person has not previously purchased a PRO Package. In that case, acceptance of this Offer is the use of the PRO Add-on provided by way of a Bonus Grant, and the PRO Agreement is deemed concluded from the moment such use begins. No license fee is payable for a right granted free of charge; in all other respects, such a person has the rights and bears the obligations of a Licensee in respect of that right. An individual is entitled not to accept a Bonus Grant by not using the functionality provided; in that case, the term granted free of charge is calculated in accordance with clauses 6.4 and 7.3 and is not suspended for the period during which it is not used.

3. Subject of the Agreement and composition of the PRO Add-on

3.1. The Licensor grants the Licensee, for a fee, the right to use the PRO Add-on on the terms of a simple (non-exclusive) license during the PRO Term, and the Licensee accepts that right and complies with the limits of use established by the PRO Agreement.

3.2. The PRO Add-on includes:

3.2.1. the AI Assistant — the AI Assistant may be used during the PRO Term within the Request Limit;

3.2.2. professional reports and printing — the creation, printing and export of the project’s installation documentation, including the list of fixtures and addresses, labels for marking fixtures, the diagram of control lines and the export of project data to a file;

3.2.3. access to the PRO Effects Library;

3.2.4. Cloud Project Storage — the storage of the Licensee’s projects on the Licensor’s server within the volume provided, their retrieval in the Software and their deletion at the Licensee’s command.

3.3. The functions specified in clauses 3.2.2–3.2.4 are available to the Licensee throughout the PRO Term irrespective of the Limit Balance; their use does not reduce the Request Limit and does not require sending requests to the AI Assistant.

3.4. Access to the PRO Effects Library is granted for the PRO Term. Upon expiry of the PRO Term, access to the PRO Effects Library ceases and applying new effects from it becomes unavailable.

3.5. The lighting effects applied by the Licensee in their projects during the PRO Term are retained within such projects and continue to be played back by the Software after the PRO Term expires. This clause does not apply to the functionality of the AI Assistant.

3.6. The materials of the PRO Effects Library are provided on the terms of a simple (non-exclusive) license for use in the Licensee’s own projects; their separate distribution, resale and provision to third parties outside the Licensee’s project are not permitted.

3.7. The current composition of the PRO Add-on is published on the Website and shown to an individual before payment. The Licensor is entitled to supplement the composition of the PRO Add-on with new functions and materials; such supplementation does not require any additional payment in respect of the current PRO Term. The removal of a function expressly stated before payment does not apply to a previously purchased PRO Package during its PRO Term.

3.8. The Licensee is granted the right to launch and use the PRO Add-on within the Software, to send the requests provided for by its functionality, to receive automatically generated results and to use those results in their own projects within the limits permitted by law, by this Offer and by the rights of third parties.

3.9. The territory in which the granted right is valid is worldwide, unless another restriction is provided by a separate agreement.

3.10. The exclusive right to the Software, the PRO Add-on, their program code, interface, the PRO Effects Library and other elements remains with the Licensor. The source code, rights to trademarks and other rights not expressly granted by the PRO Agreement are not transferred to the Licensee.

3.11. The projects, scenes, chases, playlists, custom fixture profiles, settings and other user materials created by the Licensee belong to the Licensee or to another relevant rights holder. The Licensor does not acquire exclusive rights to such materials as a result of their processing by means of the PRO Add-on.

3.12. By transferring a user project or part of it for processing by means of the PRO Add-on, the Licensee permits the Licensor and the technology providers engaged by it to technically reproduce, store, process and transfer such materials to the extent and for the period necessary to fulfil the request.

3.13. By placing a project in Cloud Project Storage, the Licensee permits the Licensor to store and technically reproduce such a project to the extent necessary for its storage and its subsequent transfer to the Licensee. The exclusive rights to the stored projects remain with the Licensee in accordance with clause 3.11. The Licensor does not use the stored projects for any other purposes, except in the cases provided for by clause 3.16.

3.14. A project placed in Cloud Project Storage is stored during the PRO Term and for 30 (thirty) calendar days after its expiry. Upon expiry of that period, the Licensee’s stored projects are deleted irrevocably and cannot be restored. The Licensor is entitled to increase the storage period. A reduction of the storage period does not apply to a previously purchased PRO Package during its PRO Term (clauses 3.7 and 20.5).

3.15. Cloud Project Storage is not a data storage service, a backup service, a depository or any other similar service and is provided as an additional convenience within the PRO Add-on. The Licensee independently ensures that their own copies of projects are preserved on their own media and acknowledges that placing a project in Cloud Project Storage does not replace such storage. The Licensor is not liable for the loss of stored projects due to circumstances beyond its reasonable control, or due to the Licensee’s own actions, including deletion of a project at their command and expiry of the storage period under clause 3.14.

3.16. Only Software projects may be placed in Cloud Project Storage. The placement of any other content, including computer programs, files unrelated to Software projects, and materials that violate the law or the rights of third parties, is not permitted. The Licensor is entitled to apply technical means to check the placed materials for compliance with this clause, to refuse to store materials that do not comply with it and to delete them, notifying the Licensee.

4. Moment at which the right is granted and the nature of settlements

4.1. The right to use the PRO Add-on under a purchased PRO Package is granted at once and in full at the moment when all of the following conditions are simultaneously met:

4.1.1. the PRO Term and the Request Limit of the purchased PRO Package are reflected in the Personal Account and/or the Software’s interface;

4.1.2. the «PRO» mark is displayed in the Software’s interface;

4.1.3. the Licensee has been given the technical ability to use the functions provided for by clause 3.2.

4.2. The Licensor’s obligation to grant the right to use the PRO Add-on is deemed performed in full at the moment determined by clause 4.1. The subsequent sending of requests to the AI Assistant, the creation of reports and the application of effects from the PRO Effects Library constitute the Licensee’s exercise of the previously granted right.

4.3. The license fee is paid at once for the grant of the right to use the PRO Add-on in the composition determined by clause 3.2, for the PRO Term and within the Request Limit of the purchased PRO Package. Such a fee is not prepayment for individual requests, an advance payment, an earnest payment, a deposit, a top-up of a monetary account, a subscription fee or a payment for services rendered as and when the Licensee makes requests.

4.4. The sending and processing of requests do not constitute separate transactions, separate stages of performance, independent services or settlements and are not accompanied by any separate payment by the Licensee.

4.5. A reduction of the Limit Balance is a technical record of the volume of use of the previously granted right and is not a payment, a set-off of an advance payment, consideration or a settlement.

4.6. The «PRO» mark is of an exclusively informational nature and indicates the existence of a valid right to use the PRO Add-on. The scope of the granted right is determined by the data of the Licensor’s accounting system.

4.7. Recognizing the right to use as granted does not terminate the Licensor’s obligations relating to ensuring the technical ability to use it during the PRO Term.

5. PRO Package

5.1. The duration of the PRO Term and the size of the Request Limit of each PRO Package are published on the Website and shown to an individual before payment. The size of the Request Limit is determined on the basis of the number of Requests established by the Licensor for each month of the PRO Package’s duration, unless a different size is stated before payment or in a separate agreement.

5.2. The Request Limit is granted in full at the moment the right under the corresponding PRO Package is granted. The Licensee is entitled to use the entire Request Limit at any time during the PRO Term, including using it in full at the beginning of the PRO Term. No monthly or other periodic metering out of the Request Limit is applied.

5.3. The PRO Term under a purchased PRO Package is calculated from the moment the right is granted as determined by clause 4.1. If at that moment the Licensee already has a current PRO Term, the PRO Term of the new PRO Package is added to it and is calculated from the moment the current PRO Term expires; at the same time, the Request Limit of the new PRO Package becomes available to the Licensee immediately and is added to the unused Limit Balance of the current PRO Package. If at the moment of purchasing the new PRO Package the Licensee has no current PRO Term, the Request Limit of the new PRO Package is granted in full and the Limit Balances of previously purchased PRO Packages are not added to it (clause 5.6).

5.4. The AI Assistant is available to the Licensee where two conditions are met simultaneously: the PRO Term is current and the Limit Balance is positive.

5.5. Full use of the Request Limit before the expiry of the PRO Term does not terminate the PRO Term and does not affect the availability of the functions provided for by clauses 3.2.2–3.2.4. To continue using the AI Assistant, the Licensee is entitled to purchase a new PRO Package in accordance with clause 5.3.

5.6. The Request Limit is granted for the PRO Term of the corresponding PRO Package and is valid only during that term. Upon expiry of the PRO Term, the unused Limit Balance ceases to be valid, is cancelled, is not carried over to subsequent PRO Packages, and is not subject to restoration, payment, exchange or transfer to another person, and has no monetary value. The Licensee is notified of this before payment by this clause and by the description of the PRO Package on the Website; information about the Limit Balance and the expiry date of the PRO Term is available to them in the Personal Account and in the Software’s interface throughout the term.

5.7. Expiry of the PRO Term terminates access to the functions provided for by clauses 3.2.2–3.2.4 and the display of the «PRO» mark. Termination of access does not affect the projects previously created by the Licensee or the documents previously produced by them: they remain with the Licensee, and the effects applied in projects continue to be played back in accordance with clause 3.5. Projects placed in Cloud Project Storage are stored and deleted in accordance with clause 3.14.

5.8. Purchasing a PRO Package is not a subscription. There is no automatic renewal, no automatic purchase of new PRO Packages and no automatic debiting of funds from an individual. Each PRO Package is purchased by a separate voluntary action of the Licensee.

6. Bonus Grant of the PRO Add-on

6.1. The Licensor is entitled to run marketing and referral programs under which the Licensee is granted, free of charge, the right to use the PRO Add-on for a certain period and/or additional Requests (hereinafter the «Bonus Grant»), including upon the purchase of a Main License within the period established by the program.

6.2. The conditions, volumes, periods and procedure of a Bonus Grant are published on the Website and/or in the Personal Account. The conditions of a program may, in particular, determine the type of Main License upon the purchase of which a Bonus Grant is made, the period from the moment of Account registration or of following a referral link during which such a purchase is taken into account, the duration of the period granted free of charge, the number of Requests granted, and the number of Bonus Grants attributable to one invited participant and to one holder of a referral link. The Licensor is entitled to change the conditions of such programs or to discontinue them at any time with effect for the future without prior agreement with the Licensee; a Bonus Grant already made is retained on the conditions announced when it was made.

6.3. A Bonus Grant is made free of charge and is not remuneration, a commission, a payout, income in monetary form, a discount on future purchases or consideration for any actions of the Licensee. A Bonus Grant does not create any monetary obligation of the Licensor and may not be claimed by the Licensee in court or otherwise before it has actually been made.

6.4. The same rules of use and counting apply to the term and Requests received by way of a Bonus Grant as to purchased PRO Packages, including clauses 4.1, 4.2 and 5.2–5.7, unless otherwise stated in the conditions of the relevant program. If at the moment of the Bonus Grant the Licensee has a current PRO Term, the period granted free of charge is added to it, and the Requests granted are added to the unused Limit Balance in accordance with clause 5.3.

6.5. A Bonus Grant is not subject to return, exchange for money, payout, compensation or transfer to another person. Expiry of the period of a Bonus Grant does not give rise to any monetary or other obligations of the Licensor. The provisions of this Offer on the refund of the license fee do not apply to a Bonus Grant.

6.6. The Licensor is entitled to refuse a Bonus Grant or to cancel it where there are reasonable indications of abuse, in particular: the creation of several Accounts by one person or by agreement between several persons, registration through one’s own referral link, the use of fictitious, non-working or other persons’ email addresses, automated registration, cancellation or refund of the payment that served as the basis for the Bonus Grant, and other actions aimed at obtaining a Bonus Grant in circumvention of the purpose of the program.

6.7. A Bonus Grant to the holder of a referral link is made after the Licensor has verified compliance with the conditions of the program and upon expiry of the period established by the rules of the program, including in order to take into account a possible cancellation or refund of the invited person’s payment.

6.8. If an individual simultaneously meets the conditions of several programs providing for a free grant of a PRO Add-on period in connection with one and the same purchase of a Main License, a single Bonus Grant is made — the longest one — unless the conditions of the programs expressly provide otherwise.

6.9. A Bonus Grant is not a discount on the price and does not affect the application to the price of a Main License or a PRO Package of discounts, promo codes, promotions and special offers granted on other grounds, and likewise such discounts do not reduce the volume of a Bonus Grant.

7. Relationship with the Main License

7.1. The PRO Add-on is separate additional functionality and is not included in the Main License. The terms for purchasing and using the Main License are governed by the Software Offer.

7.2. Purchasing and using the PRO Add-on requires a valid right to use the Software — a Trial Period or a valid Main License. The PRO Add-on may be purchased irrespective of the type of Main License and of the time remaining until it expires.

7.3. The PRO Term is calculated in calendar order continuously and is not suspended, including for any period during which the Licensee has no valid right to use the Software or does not actually use the Software. The Licensee is notified of this circumstance before payment by this clause.

7.4. The PRO Add-on is used within the Software, and therefore the actual use of its functions during a period when there is no valid right to use the Software is impossible and resumes after a new Main License is activated, within the unexpired PRO Term. That circumstance is not a defect of the PRO Add-on and does not in itself create grounds for a refund of the license fee; the Licensee is advised to align the purchase of a PRO Package with the term of their Main License.

7.5. Expiry or termination of the Trial Period or of the Main License does not terminate a previously acquired right to use the PRO Add-on and does not cancel the Limit Balance.

7.6. The use of the PRO Add-on does not grant the right to use other paid functions of the Software, access to which depends on the corresponding Plan.

8. Account and electronic interaction

8.1. The right to use the PRO Add-on is linked to the Account identified by an email address. The terms of registration, use and deletion of the Account are governed by the Website User Agreement and, in the part relating to the Software, by Section 6 of the Software Offer, the provisions of which apply to this PRO Agreement.

8.2. Actions taken after authorization in the Account are deemed taken by the Licensee until the Licensor is notified of unauthorized access. If unauthorized access is suspected, the Licensee or Authorized User must, without undue delay, change the password and notify technical support.

8.3. Messages relating to payment, purchased PRO Packages, the PRO Term, the Limit Balance, a Bonus Grant, Account security and amendments to this Offer are sent to the Account’s email address and/or posted in the Personal Account and are deemed received by the Licensee on the day they are sent or posted.

8.4. Deletion of the Account at the Licensee’s initiative is an expression of the will to cease use of the Account and the associated rights. An unexpired PRO Term, the Limit Balance and the license fee are not refunded solely by reason of the voluntary deletion of the Account. Before deletion, the Licensee is notified of these consequences and confirms their decision.

9. Price and payment

9.1. For an individual, the prices of PRO Packages are shown on the Website and/or in the Personal Account immediately before payment. The price, the duration of the PRO Term and the size of the Request Limit confirmed by the individual upon payment form part of the PRO Agreement and do not change with respect to the PRO Package already purchased.

9.2. For an individual entrepreneur or legal entity, the amount of the license fee, the procedure and the term of payment are determined by a separate agreement.

9.3. An individual makes payment by non-cash means using the methods available on the Website. The payment obligation is deemed performed from the moment the execution of the payment is confirmed by the servicing credit institution or payment service.

9.4. After confirmation of payment is received, the PRO Term and the Request Limit of the purchased PRO Package are automatically reflected in the Licensor’s accounting system, the «PRO» mark is displayed in the Software’s interface and the Licensee is given the technical ability to use the PRO Add-on. This is normally done automatically without any separate request from the Licensee.

9.5. If the purchased PRO Package or the «PRO» mark has not appeared, or if the use of the paid functionality is impossible, the Licensee sends a request to technical support, specifying the Account address, the date and amount of the payment, and information allowing the transaction or separate agreement to be identified. The Licensee must not transfer the full bank card number or other excessive payment data. The Licensor verifies the payment and rectifies a confirmed error within a reasonable time.

9.6. The Licensee’s expenses relating to the services of their bank, telecom operator or other intermediary are not included in the price, unless expressly stated otherwise.

9.7. The Licensor does not store full bank card details, since the payment is processed by a third-party payment service.

10. Use of the AI Assistant and the counting of Requests

10.1. When a request is processed, the Limit Balance is reduced by the number of Requests determined by the PRO Usage Rules, including depending on the Processing Level chosen by the Licensee.

10.2. The number of Requests counted for a request at the chosen Processing Level is displayed to the Licensee before the request is sent. Before sending a request, the Licensee is entitled to change the Processing Level or to refrain from sending the request without any reduction of the Limit Balance. Sending a request confirms the Licensee’s agreement with the counting procedure displayed.

10.3. The Limit Balance is reduced after the result of processing the request has been provided. If a request was not processed for a technical reason and no result was provided, the Limit Balance is not reduced for such a request. The Licensee’s disagreement with the content of a correctly generated result is not in itself considered a technical error and is not a ground for restoring Requests.

10.4. The Licensor is entitled to change the PRO Usage Rules with effect for the future. The revision of the PRO Usage Rules in force at the moment a request is sent and displayed to the Licensee in accordance with clause 10.2 applies to that request. A change in the PRO Usage Rules does not apply to previously processed requests and does not reduce a previously granted Request Limit.

10.5. The Licensor is entitled to establish and change reasonable technical restrictions on use, including the maximum size of a single request, the frequency and number of requests processed simultaneously, and to apply a processing queue at times of increased load.

11. Results of the AI Assistant

11.1. The results of the AI Assistant are generated automatically and may contain factual, logical or technical errors. The Licensee and the Authorized User are obliged to check the result themselves before applying it, in particular before transferring the generated settings or commands to lighting equipment.

11.2. The Licensor does not check automatically generated results for accuracy, operability or safety, does not guarantee their uniqueness and does not guarantee that similar or identical results will not be generated for other users. The Licensor makes no representation that exclusive rights arise in such results and does not guarantee that they are free of elements to which third parties hold rights. The legal status of automatically generated results is determined by applicable law.

11.3. The Licensee and the Authorized User must not include in requests the personal data of third parties without a ground provided by law, passwords and authorization data, payment data, information constituting a commercial or other legally protected secret, or any other confidential information the transfer of which is not necessary and lawful. The Licensee is solely responsible for the content of the requests sent and for holding the rights to the materials included in them.

12. Rights and obligations of the Parties

12.1. The Licensor is obliged to:

12.1.1. grant the right to use the PRO Add-on in accordance with the terms of the relevant purchase or separate agreement;

12.1.2. maintain records of the PRO Term and the Request Limit and provide information about the Limit Balance and accounting operations in the Personal Account and/or the Software’s interface;

12.1.3. rectify confirmed technical errors that prevent the use of the paid functionality within a reasonable time, taking into account the nature of the error.

12.2. The Licensor is entitled to:

12.2.1. change the interface, develop and improve the functionality of the PRO Add-on, and supplement the composition of the PRO Add-on and of the PRO Effects Library;

12.2.2. apply reasonable technical means of protection, integrity control, and control of the PRO Term and the Request Limit;

12.2.3. temporarily restrict access to the Account or to the PRO Add-on where there are reasonable indications of compromise of the Account, circumvention of technical restrictions, automated abuse or a threat to information security, having notified the Licensee and given them an opportunity to provide explanations, except in cases requiring immediate measures;

12.2.4. suspend or terminate the provision of the paid functionality and cancel the corresponding PRO Term and Limit Balance in the event of cancellation of the payment, a refund of the payment to the payer or a finding that it was made unlawfully; where the license fee is refunded on any ground, the PRO Term and the unused Limit Balance of the corresponding PRO Package are cancelled, and actual use is taken into account in determining the amount of the refund; a Bonus Grant based on such a payment is cancelled in accordance with clause 6.6;

12.2.5. terminate the PRO Agreement or the right to use the PRO Add-on upon a material breach of the terms of use in the cases and in the manner permitted by law and by a separate agreement.

12.3. The Licensee is entitled to use the PRO Add-on within the limits of the right purchased, to receive information about the PRO Term, the Limit Balance and accounting operations, to permit Authorized Users (where the Licensee is an individual entrepreneur or legal entity) and to contact technical support.

12.4. The Licensee is obliged to observe the limits of the right purchased, to ensure that Authorized Users comply with these terms, not to transfer Account credentials to persons who are not Authorized Users, to check automatically generated results themselves before applying them, to comply with information security and legal requirements and to report unauthorized access to the Account without delay.

13. Restrictions on use

13.1. Without the Licensor’s prior written permission, except in cases expressly permitted by law or by a separate agreement, it is prohibited to:

13.1.1. carry out automated mass sending of requests and create an excessive load on the infrastructure;

13.1.2. use the PRO Add-on in a manner inconsistent with its purpose;

13.1.3. take actions aimed at artificially restoring, increasing or re-using Requests already counted, or at extending the PRO Term in circumvention of payment, as well as at obtaining a Bonus Grant in circumvention of the purpose of the relevant program;

13.1.4. circumvent, disable, modify or otherwise interfere with the mechanisms for counting the PRO Term and Requests, with integrity control or with other technical means of protection;

13.1.5. provide access to the PRO Add-on to third parties who are not Authorized Users, including providing services to third parties at the expense of one’s own Request Limit, reselling or otherwise commercializing access to the PRO Add-on;

13.1.6. use the PRO Add-on, the materials sent to it and the results obtained for training, fine-tuning, evaluating or developing artificial intelligence systems and other software products that compete with the Software or the PRO Add-on;

13.1.7. extract, reconstruct, examine or reproduce system instructions, request templates, routing rules, model parameters and other technical components of the PRO Add-on;

13.1.8. distribute, publish as part of a standalone product, resell or provide to third parties the materials of the PRO Effects Library outside the Licensee’s own projects;

13.1.9. use the PRO Add-on to violate the law or the rights of third parties.

13.2. A breach of this Section is a material breach of the PRO Agreement and entitles the Licensor to terminate the right to use the PRO Add-on and to cancel the unexpired PRO Term and the unused Limit Balance without refunding the license fee, unless otherwise follows from mandatory provisions of law.

14. Withdrawal from the PRO Agreement and refunds

14.1. After the right to use the PRO Add-on has been duly granted in accordance with Section 4, the license fee is not refunded on the ground that the Licensee:

14.1.1. has not started using the PRO Add-on or has ceased using it;

14.1.2. has used the Request Limit only in part or has not used it before the expiry of the PRO Term;

14.1.3. disagrees with an automatically generated result in the absence of a confirmed technical defect;

14.1.4. has lost interest in the PRO Add-on, has changed their intentions or has failed to maintain a valid right to use the Software.

14.2. Clause 14.1 does not limit the Licensee’s mandatory rights where the right to use the PRO Add-on has not been granted, where the PRO Add-on cannot be used for its intended purpose, where it materially fails to conform to the characteristics expressly stated, where a material defect has been identified, or where a refund is mandatory under the law or a separate agreement.

14.3. An erroneous duplicate payment is subject to refund after verification, provided it has not been credited towards a separately purchased PRO Package or another obligation.

14.4. A claim is sent to the email address or through the technical support form on the Website and must contain the Account address, the date and amount of the payment, the reason for the request and information sufficient to identify the transaction or the separate agreement. Where there are grounds for it, a refund is made by the same method as the payment was made, if this is technically possible and the Parties have not agreed on another method.

14.5. The terms of withdrawal and refunds for an individual entrepreneur or legal entity may be additionally determined by a separate agreement.

15. Technical requirements and support

15.1. The use of the AI Assistant and the initial retrieval of the materials of the PRO Effects Library require a compatible version of the Software and an Internet connection. The creation of reports and the application of previously retrieved effects do not require an Internet connection.

15.2. The Licensee is obliged to use the current version of the Software where an update is necessary for compatibility with the server infrastructure or to ensure information security. The Licensor is not liable for the impossibility of using the PRO Add-on caused by the Licensee’s refusal to install such an update.

15.3. Technical support is provided through the form and the contacts published on the Website. Unless another period has been agreed before payment or in a separate agreement, requests are considered within a reasonable time, taking into account their complexity and the order in which they were received.

15.4. The Licensor is entitled to carry out maintenance work. Where possible, information about scheduled work that may materially limit the use of the paid functionality is published in advance.

16. Liability of the Parties

16.1. The Licensor is liable for the conformity of the granted right to the terms of the relevant purchase or separate agreement, and to the expressly stated characteristics of the PRO Add-on.

16.2. As regards the functions that require access to the server infrastructure, the PRO Add-on is provided on an «as available» basis. The Licensor does not guarantee uninterrupted operation, any particular request processing time, the availability of any particular technology provider, or the receipt of a result of any particular content, volume or quality.

16.3. The Licensor is not liable:

16.3.1. for the consequences of applying an automatically generated result without the Licensee or the Authorized User having checked it in advance;

16.3.2. for the content of the requests sent by the Licensee and for the Licensee’s violation of the rights of third parties when composing them;

16.3.3. for malfunctions and delays caused by equipment, the operating system, the network connection, third-party software or the Licensee’s actions;

16.3.4. for a suspension or restriction of access applied in accordance with clause 12.2.3 where there are reasonable indications of a breach.

These limitations apply in the absence of a causal link with a confirmed defect of the PRO Add-on.

16.4. To the maximum extent permitted by applicable law, the Licensor is not liable for lost profit, lost income, the disruption, delay or improper conduct of an event, reputational harm, the loss of or damage to user data, or other indirect losses arising in connection with the use of or the inability to use the PRO Add-on.

16.5. To the maximum extent permitted by applicable law, the Licensor’s aggregate liability under the PRO Agreement is limited to the amount of the license fee actually paid by the Licensee for the PRO Package in the use of which the ground for liability arose.

16.6. The limitations established by clauses 16.4 and 16.5 apply to a Licensee who is an individual purchasing the PRO Add-on for personal, family or household needs only to the extent permitted by consumer protection legislation.

16.7. The Licensee is liable for the actions of Authorized Users and for compliance with the restrictions of Section 13, and also compensates the Licensor for documented losses arising as a result of the Licensee’s breach of the terms of the PRO Agreement, of legal requirements or of the rights of third parties, within the limits established by law.

16.8. No provision of the PRO Agreement excludes or limits the Licensor’s liability or the Licensee’s mandatory rights in cases where such exclusion or limitation is prohibited by law.

17. Force majeure

17.1. A Party is released from liability for a breach of an obligation caused by force majeure circumstances in the manner established by law, having notified the other Party within a reasonable time by any available means. Such circumstances include, among others, the termination or material restriction of access to the services of technology providers, including restrictions imposed by the providers themselves or by the authorities of foreign states.

17.2. If a force majeure circumstance prevents the use of the paid functionality for a prolonged period, the PRO Term is extended by a commensurate period or the Parties determine another consequence in accordance with the law and the nature of the obligation.

18. Processing of personal data

18.1. The Licensor processes the personal data necessary for concluding and performing the PRO Agreement, maintaining the Account, making payments, handling requests, keeping records of the PRO Term, the Request Limit and Bonus Grants, preventing abuse and complying with the obligations established by law.

18.2. The categories of data, the purposes, the legal grounds, the retention periods, information about third parties, and the means of exercising the rights of a personal data subject are determined by the Personal Data Processing Policy published on the Website.

18.3. Consent to advertising and marketing messages, where such messages are sent, is given separately and is not a condition for purchasing the PRO Add-on.

19. Licensor’s details

19.1. Individual entrepreneur: Krutikov Dmitry Vladimirovich. OGRNIP: 317745600159965. INN: 745307802914. Email address for requests and claims: support (at) udmx.net Technical support address: https://udmx.net/soft/support

20. Term, amendment of the Offer and final provisions

20.1. The PRO Agreement enters into force at the moment of its conclusion in accordance with Section 2 and remains in force until all rights acquired on its basis have terminated and the obligations of the Parties have been performed.

20.2. The right to use the PRO Add-on is valid until the expiry of the last of the PRO Terms purchased. After the PRO Term expires, the «PRO» mark ceases to be displayed in the Software’s interface and the unused Limit Balance is cancelled in accordance with clause 5.6, while the consequences provided for by clauses 3.5 and 5.7 are retained.

20.3. Termination of employment, contractor or other relations between an Authorized User and the Licensee terminates the right of that person to use the PRO Add-on on behalf of the Licensee, but does not in itself terminate the Licensee’s right.

20.4. The Licensor is entitled to amend or withdraw this Offer by publishing a new revision on the Website. The new revision applies to PRO Packages of individuals paid for after the date on which it enters into force, and, for an individual entrepreneur or legal entity, in the manner provided by the separate agreement.

20.5. A new revision does not change the price, the composition of the PRO Add-on, the duration of the PRO Term or the size of the Request Limit of a previously purchased PRO Package. Withdrawal of the Offer does not terminate PRO Agreements previously concluded or rights previously granted.

20.6. The Licensor ensures the availability of the current revision of the Offer and the retention of archived revisions in such a way that the content of the revision in force on the date of the relevant purchase or of the conclusion of a separate agreement can be established. Rights acquired before this revision entered into force are retained and are exercised on the terms of the revision in force on the date of the relevant purchase.

20.7. The PRO Agreement is governed by the law of the Russian Federation. If mandatory rules of the law of the country of residence of a Licensee who is an individual are applicable regardless of the choice of law, this clause does not exclude them.

20.8. The official language of the PRO Agreement is Russian. Translations may be provided for convenience; in the event of discrepancies, the Russian-language version applies, unless otherwise established by mandatory rules of applicable law.

20.9. The invalidity or unenforceability of an individual provision of the PRO Agreement does not entail the invalidity of the remaining provisions.

20.10. Information about the chosen and paid PRO Package, shown before payment and recorded in the electronic confirmation of purchase and/or the Personal Account, together with the current PRO Usage Rules, forms an integral part of the PRO Agreement with an individual. For an individual entrepreneur or legal entity, this document, the separate agreement and its annexes form the integral parts.

20.11. On matters of purchase, use, accounting for the PRO Term and the Request Limit, and termination of the right to use the PRO Add-on, in the event of a conflict between this Offer and the Website User Agreement, the provisions of this Offer apply and, for an individual entrepreneur or legal entity, also the provisions of the separate agreement. On matters relating to the Main License, the Software Offer applies, and on matters of Account registration and deletion, the Website User Agreement applies.