User Agreement (Filmtoolz.ru)

Revision as of 06/26/2025

This document, in accordance with the provisions of the Civil Code of the Russian Federation, is recognized as a public offer by TREND-SOFT LLC (Primary State Registration Number: 1127747001029, Taxpayer Identification Number: 7714885584, address: 127137, Moscow, Pravdy Street, Building 24, Structure 2, Premises I, Part of Room 12) (hereinafter referred to as the Licensor) to conclude a license agreement for the right to use the Service (hereinafter referred to as the Agreement, Offer) with any individual (hereinafter referred to as the User, Licensee), through acceptance, under the terms and conditions set forth below.

Using the System means that you accept all terms and conditions of this License Agreement in full without any exceptions or limitations.

* The Offer is not valid for legal entities. Granting licenses for the right to use the service to legal entities is carried out by signing license agreements with each legal entity individually (under terms that may differ from this Offer). Agreements with legal entities are concluded only for the "Project" and "Archive" tariff plans for a period of three months or more. To conclude an agreement on behalf of a legal entity, send a request to info@filmtoolz.ru, attaching the company's details.

1. TERMS

1.1. Licensor — TREND-SOFT LLC, 109004, Moscow, Zemlyanoy Val Street, Building 60, Premises 1/1, which is the developer and copyright holder of the Service.

1.2. Website — the FilmToolz.ru website, located on the Internet at the address https://www.filmtoolz.ru, and its subdomains.

1.3. Registration — the procedure of the User entering their data into a special form on the Website to create an Account.

1.4. User — any visitor to the website https://www.filmtoolz.ru, an individual using the Service or being an authorized representative of a legal entity using the Service.

1.5. Account — the User's account on the Website/Service.

1.6. Account Owner — the User whose information was entered during Registration and is displayed in the "Account Owner" field on the "Subscription" page of the corresponding Account.

1.7. Acceptance — full and unconditional acceptance by the User of the terms of the offer, carried out by Registration on the Website.

1.8. Service — an interconnected set of computer programs designed to automate the User's business processes in the field of production. The Service includes:

1.9. Modules (hereinafter — Modules)

1.9.1. Module "Planning" plan.filmtoolz.ru - Software "FilmToolz: Shooting Planning", registered in the unified register of Russian software and databases of the Ministry of Digital Development No. 18229

1.9.2. Module "Budgeting" budget.filmtoolz.ru - Software "FilmToolz: Budgeting", registered in the unified register of Russian software and databases of the Ministry of Digital Development No. 25120

1.9.3. Module "Pre-production" pre.filmtoolz.ru and casting database casting.filmtoolz.ru - Software "FilmToolz: Pre-production", registered in the unified register of Russian software and databases of the Ministry of Digital Development No. 25266

1.10. Personal Account - the User's personal section on the Website, linked to the Account, which allows using the Service.

1.11. Personal Balance - a section of the Personal Account that contains information about deposited funds and settlement transactions of the User under the Agreement.

1.12. License - the right to use the Service in the ways and within the limits, established by this Agreement and the Tariff, under the terms of a simple (non-exclusive) license with the Licensor retaining the right to grant licenses to other persons.

1.13. License Fee - remuneration for granting the License, which the User undertakes to pay to the Licensor in accordance with this Agreement.

1.14. Tariff - a set of License parameters, including those determining the License term, the Service functionality available to the Licensee, and the amount of the License Fee. Information about Tariffs is published on the Internet at:

https://www.filmtoolz.ru/prices/plan/ - Planning module
https://www.filmtoolz.ru/prices/budget/ - Budgeting module
https://www.filmtoolz.ru/prices/pre/ - Pre-production module

1.15. Payment Period - the number of months of Service use paid by the User.

1.16. Project — a separate project created by the User in any of the modules for automating work on the production of the User's audio-visual product (film, series, clip, commercial, etc.).

2. SUBJECT OF THE AGREEMENT

2.1. The Licensor grants the User the right to use (a simple non-exclusive license) the Service within its functional capabilities by reproducing the program (connecting to the Service via the Internet), solely for the User's independent use without the right to sublicense to third parties.

2.2. This Agreement is considered concluded at the moment of starting to use the Service (including when registering on the Website) and remains in effect throughout the entire period of its lawful use by the User within the term of copyright protection, provided that the User duly complies with the terms of this Agreement.

3. ACCESS TO THE SERVICE / REGISTRATION

3.1. Only a legally capable individual who has reached the age of 18 and fully accepts the terms of this Agreement can register on the Service and create an account.

3.2. From the moment of Registration, the User is provided with free Demo projects to explore the Service's functionality. Demo projects are intended solely for informational and educational purposes and do not imply use on real projects. The Licensor reserves the right to disable the User's access to Demo projects without explanation.

3.3. Regardless of the chosen Tariff, throughout the entire period of using the Service, the User has the right to contact the Service's technical support service regarding issues related to the Service's operation. Technical support is provided via email (info@filmtoolz.ru)

3.4. When creating each new Project in any of the Modules, the User is granted free access under the "Basic" Tariff for a period of 7 (seven) calendar days. However, a Project created by duplicating another project is not considered new, and the free period does not apply to it.

3.5. Upon the expiration of the free access period, the User must activate one of the Tariffs; otherwise, the Project will be blocked and deleted after 30 days.

3.6. The Tariff is selected and paid for a multiple number of months (1, 2, 3, and so on).

3.7. The User has the right to independently switch to a more expensive Tariff at any time. In this case, the User pays the difference in the cost of the Tariffs minus the already used period on the current Tariff.

3.8. Switching to a lower Tariff (including "Archive") is only possible after the expiration of the paid period of the current Tariff.

3.9. After the expiration of the paid Tariff, the User's Project is blocked and deleted from the system after 30 calendar days. Project data cannot be restored.

4. PAYMENT TERMS

4.1. Payment for paid services of the Service is made through the partner payment service ROBOKASSA (https://robokassa.ru) using acquiring.

4.2. The User makes payment by entering their payment card (debit or credit) details or using other payment methods available on the partner service's payment page.

4.3. The Licensor does not collect, process, or store Users' payment data (including bank card details). All information necessary for conducting a payment transaction is transmitted directly to the ROBOKASSA service via a secure connection.

4.4. After successful payment, the User receives an electronic receipt sent to the email address specified during registration on the Service. If the receipt is not received, the User has the right to request a resend by sending a request to info@filmtoolz.ru with the following information:

- login (email address used on the Service);

- payment date;

- payment amount.

4.5. The User can refuse to use the Service and request a refund only for a period equal to a whole number of unused months (i.e., if 5 months are paid and the Service is used for 0.5 months, the User has the right to request a refund for 4 months). To do this, it is necessary to submit a request to info@filmtoolz.ru, specifying the project link.

4.6. The Licensor has the right to change the Tariffs unilaterally, without prior agreement with the User, while the cost of the already paid Tariff remains unchanged.

4.7. The Licensor notifies of Tariff changes by posting information on the Website. Changes take effect from the moment the information is published on the Website.

4.8. Non-cash payment from legal entities under this Offer is not possible. For non-cash payment, it is necessary to conclude a separate agreement with the legal entity (applies only to the "Project" and "Archive" tariffs for a period of three months or more).

5. LIMITS OF SERVICE / APPLICATION USE

5.1. The Licensor grants the User the right to use the Service on the Website using the Internet.

5.2. The Licensor grants the User a simple (non-exclusive) license to use the Service.

5.3. The User's use of the Service is permitted without territorial restrictions.

5.4. The User does not have the right to provide (transfer, resell) the rights received under the Agreement (sublicense) to third parties.

5.5. The Service / Application is provided on an "as is" basis, which implies: the User is aware of the most important functional properties of the Service, the User bears the risk of the Service's compliance with their wishes and needs, as well as the risk of the terms and scope of the granted rights' compliance with their wishes and needs. The Licensor is not responsible for any losses or damages, regardless of the reasons for their occurrence (including special, incidental, or consequential damages; losses related to lost profits, interruption of commercial or production activities, loss of business information, negligence, or any other losses), arising from the use or inability to use the Service.

6. WARRANTIES OF THE PARTIES

6.1. The Licensor warrants that it has all necessary rights to the Service.

6.2. The Licensor does not give any express or implied warranties regarding the Service, including, but not limited to: fitness for a particular purpose, profitability of use, performance, system integration, uninterrupted operation, absence of errors, correction of malfunctions.

6.3. The User warrants that they will not:

6.3.1. Use the Service in ways not provided for by the Agreement;

6.3.2. Transfer the login and password from their account to third parties;

6.3.3. Attempt to bypass technical restrictions set by the Service;

6.3.4. Use free Demo projects in working / commercial activities on real projects.

6.3.5. Use the Service to publish, distribute, store, transmit in any form information that is illegal, harmful, threatening, defamatory, inciting violence against any person or group of persons, contains insults against specific individuals or organizations, etc.

6.4. The User independently ensures the availability of equipment that meets the technical requirements for using the Service and accessing the Internet.

7. LIABILITY OF THE PARTIES

7.1. The Licensor is not liable to the User for any damage, any loss of income, profit, information, or savings related to the use or inability to use the Service.

7.2. If errors are detected while using the Service, the Licensor will take measures to correct them as soon as possible. The Parties agree that the exact timeframe for error correction cannot be determined, as the Service closely interacts with other third-party computer programs, operating systems, and the User's computer hardware resources, and the operability and time to resolve issues do not fully depend solely on the Licensor.

7.3. The Licensor's liability to the User is limited to actual damages but does not exceed the cost of the paid Tariff for the last month of Service use.

7.4. The User is solely responsible for the safety and confidentiality of registration data: login(s) and password(s). All actions performed using the User's login(s) and password(s) are considered performed by the User.

7.5. In case of the User's violation of the legislation of the Russian Federation and/or the Agreement, the Licensor has the right to block or delete the User's Account on the Website without prior warning or explanation.

7.6. The Licensor strives to maintain uninterrupted operation of the Service, but failures may occur for reasons beyond the Licensor's control. The Licensor is not responsible for any failures and subsequent data loss, while the Licensor undertakes actions within its control aimed at preserving backup copies of the Service and Users' data. The User undertakes to regularly create backup copies of their project contents by downloading them from the System.

8. REFUND OF FUNDS

8.1. The Licensor refunds unused funds, information about which is reflected in the Personal Balance, upon the User's written request, only by non-cash transfer (to the card from which the payment was made).

8.2. The Licensor does not transfer refunded funds to third-party accounts at the User's request.

8.3. Rules for refunding funds to a bank card:

8.3.1. The User - an individual must send a written request with a copy of their passport and receipts/tickets confirming the erroneous crediting of funds.

8.3.2. Funds are refunded to the card from which the payment was made within 3 working days (the period may be extended considering the technical features of the specific payment system through which the payment/refund is made).

9. ACCOUNT AND ITS ADMINISTRATION

9.1. The User must immediately notify the Licensor of any case of loss of control over the Account. Disputes about the right to the Account are resolved in favor of the Account Owner.

9.2. The User undertakes not to transfer the login and password from their account to third parties. If the Licensor discovers the use of an account by several users, the Licensor has the right to block the account and terminate this Agreement unilaterally.

9.3. The Account can be deleted at the request of the Account Owner or by the Account Owner independently in the personal account at https://account.filmtoolz.ru/settings/. In case of deleting an Account with an active paid Tariff, the remuneration is non-refundable. The User's Account and all related information are actually deleted within a period not exceeding 7 (seven) days from the date of the deletion request. Deleted User information cannot be restored.

10. TECHNICAL SUPPORT AND TRAINING

10.1. The Licensor provides technical support to Users, including on issues related to the functionality of the Program, features of operation on standard configurations of supported operating, mail, and other systems.

10.2. Technical support is provided without additional remuneration.

10.3. Technical support is provided via email by contacting info@filmtoolz.ru; if necessary, technical support can be provided with connection via Zoom/Skype.

10.4. The Licensor provides Users with the opportunity to undergo paid training in the format of Zoom sessions on individual terms. To undergo training, it is necessary to send a request to info@filmtoolz.ru.

10.5. On the FilmToolz.ru website, all materials necessary for independent study of the Service's functionality are available for free, including text lessons and video tutorials.

11. DISPUTE RESOLUTION PROCEDURE

11.1. All disputes arising between the Parties during the execution of the Agreement shall be resolved through negotiations.

11.2. The pre-trial procedure for resolving disputes arising from the execution of the Agreement is mandatory for the Parties. The period for consideration of a claim letter is 30 (thirty) calendar days from the date of its receipt.

11.3. If the Parties fail to reach an agreement regarding the subject of the dispute, it shall be submitted for resolution to the Arbitration Court of Moscow.

12. PROTECTION OF USER'S CONFIDENTIAL INFORMATION

12.1. The Licensor processes the User's personal data for the purpose of executing the Agreement and in accordance with the requirements established by the Federal Law "On Personal Data" dated 07/27/2006 N 152-FZ (hereinafter referred to as the Personal Data Law).

12.2. The procedure for processing and protecting personal data is determined by the Privacy and Personal Data Processing Policy, located at https://account.filmtoolz.ru/privacy.

13. LIMITATION OF LIABILITY

13.1. The Parties shall be released from liability for partial or complete non-fulfillment of obligations under this Agreement if such non-fulfillment was a consequence of force majeure circumstances, including but not limited to: fire, flood, earthquake, military actions, strikes, hosting provider failures, telecommunications failures, and actions of state authorities. The Party affected by such circumstances shall notify the other Party within 10 calendar days.

13.2. The Licensor is not liable for lost profits and any indirect losses of the Licensee that may be caused by the operation of the service, as well as its unavailability due to force majeure circumstances (clause 13.1.).

14. FINAL PROVISIONS

14.1. The Agreement does not require sealing and/or signing by the Parties, while retaining full legal force.

14.2. The Licensor has the right at any time to unilaterally amend the terms of the Agreement without prior notice to the User.

14.3. Amendments come into force from the moment of publication of the new version of the Agreement. The current version of the Agreement is always available for review on the Website at: https://account.filmtoolz.ru/terms/.

14.4. Email correspondence has legal force, including in case of litigation. This method of information exchange is proper:

14.4.1. on the part of the Licensor: email addresses with the filmtoolz.ru domain;

14.4.2. on the part of the User: the email address specified by the User during Registration.