Approved by
General Director
AGI Electronics LLC
S. A. Sholokh

AGI Electronics Limited Liability Company, OGRN 1207700169687, INN 9725032535, registered address: 11 Ordzhonikidze St., Bldg. 3, Floor 4, Room I, Office 13 (hereinafter referred to as the “Rightsholder”) hereby offers this User Agreement, set forth as a public offer to enter into a license agreement granting the right to use the “POLARIS IQ Home” mobile application, to any legally capable individual who downloads a copy of the “POLARIS IQ Home” application to their mobile device (hereinafter referred to as the “User”).
1.         TERMS
1.1.      Application – a computer program presented in the form of a mobile application named “POLARIS IQ Home” and intended for remote control of Devices.
1.2.     Rightsholder – AGI Electronics Limited Liability Company, OGRN 1207700169687, INN 9725032535, registered address: 11 Ordzhonikidze St., Bldg. 3, Floor 4, Room I, Office 13, which has the legal right to enter into this Agreement and grant the right to use the Application.
1.3.     User – any individual who installs a copy of the Application on their mobile or other available device by downloading it from official mobile application stores and accepts the terms of the Agreement in the prescribed manner.
1.4.     User Agreement (Agreement) – this license agreement granting the right to use the Application, set forth as a public offer and entered into by the User’s acceptance of its terms in their entirety (contract of adhesion).
1.5.     Subscription – the right granted by the Rightsholder to access additional functionality of the Application subject to payment of a license fee in accordance with the terms of the selected Tariff and for the duration (period) of its validity.
1.6.     Tariff – a set of terms established by the Rightsholder for the provision of a Subscription, defining the functionality available to the User, the scope of use of the Application, the cost, the Subscription period, and other applicable terms of its provision.
1.7.     Token – a unit of account used to determine the amount of paid functionality of the Application available to the User under the selected Subscription.
1.8.     Devices – household appliances (“smart” devices) marketed under the trade name (brand) “IQ Home” that have the technical capability to interact (pair) with the User’s devices and perform tasks and commands through remote control or autonomously.
1.9.     Account – a set of information about the User recorded in digital form and necessary to identify the User and provide full access to the functionality of the Application.
1.10.  Personal Account – a personalized part of the Application interface provided to the User as a result of registration (authorization) and intended for managing the Account.
1.11.   Voice Assistant – a software component of the Application that enables the User to interact with the Application and compatible devices through voice and/or text requests using artificial intelligence technologies, including execution of commands, provision of responses to User requests, and other functionality available under the relevant Tariff.
2.        GENERAL PROVISIONS
2.1.     This license agreement granting the right to use the Application governs the terms of use of the Application, the rights and obligations of the parties, prohibitions and restrictions, liability, payment terms, and other terms. The current version of the Agreement is available at: https://polaris.ru/polzovatelskoe-soglashenie/.
2.2.    Any reference in the text of the Agreement to the Contract and/or the Offer shall mean the corresponding reference to this Agreement.
2.3.    The Agreement shall be deemed concluded upon the User’s acceptance thereof. Acceptance of the Offer shall mean the User’s performance of any of the following actions:
2.3.1.       commencing use of the Application for its intended purpose, including without creating an Account;
2.3.2.      clicking the “I accept the terms of the User Agreement” button in the Application interface;
2.3.3.      registering in the Application by completing the registration form provided in its interface, providing accurate information (email address and/or mobile phone number, password), and clicking the “create a new account” button;
2.3.4.      authorizing in the Application using third-party services, such as Yandex ID and other services available in the Application interface;
2.3.5.      paying the license fee for the provision of additional paid functionality under the terms of the Agreement.
2.4.    If the User disagrees with any of the terms of the Agreement, the User shall not have the right to use the Application. In such case, the User undertakes to cease using the Application, and the Agreement shall not be concluded.
2.5.    The Rightsholder may withdraw the Offer at any time in accordance with Article 436 of the Civil Code of the Russian Federation.
2.6.    The Agreement shall apply to all subsequent updates/new versions of the Application. By agreeing to install an update/new version of the Application, the User accepts the terms of the Agreement applicable to the relevant updates/new versions of the Application, unless the update/installation of the new version of the Application is accompanied by another license agreement.
2.7.     By accepting the terms of the Agreement, the User represents to the Rightsholder that the following circumstances, which are material to entering into the Agreement, are true:
2.7.1.       The User has legal capacity and has reached the age required under the laws of the User’s country of citizenship to enter into the transactions contemplated by the Agreement;
2.7.2.      The User provided accurate personal information about themselves upon registration. The User assumes all possible risks associated with actions taken by the User based on errors or inaccuracies in the personal information provided;
2.7.3.       The User acknowledges and agrees that the use of the Application and/or its individual functionalities for bad-faith purposes or to perform actions intended to violate or resulting in the violation of the rights and legitimate interests of third parties is prohibited;
2.7.4.      The User has fully read and unconditionally accepted the terms of the Agreement;
2.7.5.       The User unconditionally agrees that the terms of the Agreement may be amended by the Rightsholder unilaterally at any time. The new version of the Agreement shall enter into force upon its publication at: https://polaris.ru/polzovatelskoe-soglashenie/.

3.        SUBJECT MATTER
3.1.     The Rightsholder grants the User the right to use the Application by downloading a copy thereof available for download from mobile application stores.
3.2.    The Rightsholder grants the User the right to use the basic functionality of the Application free of charge under a simple (non-exclusive) license, without the right to grant sublicenses, in the territory of all CIS countries, for an unlimited period, by the following means: reproduction (downloading a copy of the Application onto a mobile device) and use for its intended purpose.
3.3.    The basic functionality of the Application enables remote control of household appliances (“smart” devices) marketed under the commercial designation (brand) “IQ Home”. The User may use this functionality free of charge. Details of the functionality are provided in the Application interface and may be supplemented by the Rightsholder.
3.4.    The basic functionality of the Application shall be deemed provided from the moment the User completes registration or authorization in the Application and accepts the terms of the Agreement.
3.5.    In addition to the basic functionality, the Rightsholder may provide additional functionality of the Application in the form of Voice Assistant features on a paid basis, subject to payment of a license fee, the amount and payment procedure of which depend on the Subscription selected by the User.
3.6.    Access to the paid functionality shall be deemed granted upon payment for the Subscription.
3.7.     The User may install the Application on an unlimited number of devices compatible with the Application.
3.8.    The Application may be used solely for personal, non-commercial purposes.
4.        CREATING AN ACCOUNT
4.1.     The User may complete the registration (authorization) procedure in the Application using the available methods. As a result of registration (authorization), an Account is created and access to the Personal Account is granted.
4.2.    The Personal Account is required for managing the Account, linking Devices, including controlling them, configuring access rights, and performing other functions.
4.3.    The Application stores and processes the User’s personal information contained in the Account in accordance with the terms of the Personal Data Processing Policy available at: https://iqpolaris.com/privacy-app/.
4.4.    The User shall take appropriate measures to ensure the security of the information contained in the Account. The User shall be responsible for any actions performed using their Account, as well as for any consequences that may result or may have resulted from such use.
4.5.    All actions performed in or using the Application under the User’s Account shall be deemed to have been performed by the User, except where the User has notified the Rightsholder of unauthorized access to their Account and/or any breach of the confidentiality of their Account data.
4.6.    The User shall immediately notify the Rightsholder of any instances of third-party access to the Application using their Account and/or any breach of the confidentiality of their Account data.
4.7.     The User may not reproduce, copy, assign, sell, transfer their Account for use by others, or provide third parties with access to it without the consent of the Rightsholder.
4.8.    The User may delete their Account, including all personal information about themselves, using the functionality of the Personal Account.
5.        APPLICATION FUNCTIONALITY
5.1.     The Application is intended for remote control of Devices using a mobile phone, a smartwatch running Wear OS by Google, or a television running Android TV. The specified functionality may be used only if the Application and the Device are within the same local Wi-Fi network.
5.2.    Certain functionality of the Application may be used only when connected to the Internet (e.g., managing the access rights of users linked to the Account). The User shall independently arrange for an Internet connection and shall bear the costs of its use in accordance with the terms of their Internet service provider. The Rightsholder shall not be liable for the User’s lack of an Internet connection, which prevents the User from using the Application for its intended purpose.
5.3.    Creation of an Account is not a mandatory condition for using the Application for its intended purpose. However, the absence of an Account prevents the User from using certain functions of the Application due to the technical specifics of its operation.
5.4.    The functionality of the Application allows the User to grant other persons access rights to remotely control Devices, provided that such persons also have the Application installed. There are no restrictions on the number of persons who may be granted access to control a Device. At the same time, it should be taken into account that one Device may execute only one Program at a time.
5.5.     The level of access to control Devices granted to third parties is determined using the “Access Control” functionality in the Application. By granting third parties access to control Devices, the User acknowledges that such third parties will be able to activate and deactivate the Devices. In particular, third parties will be able to remotely configure their own Programs for the Devices and control them. The User shall bear full responsibility for granting third parties access to the Devices.
5.6.    By granting third parties access to control Devices, the User acknowledges that the following information will be made available to such persons:
5.6.1.       the User’s name specified when creating the Account;
5.6.2.      the Programs and functionality of the Devices activated by the User, including the time of their activation.
5.7.     When using the Application, the User may also access other services and websites on the Internet provided by the Rightsholder and/or its affiliates, as well as by third parties. The use of services accessed through the Application is governed by the respective documents provided by the rightsholders of such services. The User shall be responsible for reviewing such documents before using the relevant services.
6.        VOICE ASSISTANT
6.1.     Upon the User’s request and subject to payment of a license fee, the Application may provide additional functionality in the form of the Voice Assistant.
6.2.    The Voice Assistant functionality is provided on a subscription basis and in accordance with the selected Tariff.
6.3.    The Voice Assistant functionality may include:
6.3.1.       voice control of compatible Devices;
6.3.2.      creation and saving of automated Device operation scenarios;
6.3.3.      provision of information about connected Devices, event notifications, and recommendations for their use;
6.3.4.      provision of answers to the User’s informational requests;
6.3.5.      personalized interaction with the User;
6.3.6.      other functions implemented using artificial intelligence technologies as part of the Voice Assistant functionality.
6.4.    By using the Voice Assistant functionality, the User acknowledges that the following User data are processed:
6.4.1.       the User’s voice data (audio recordings, fragments thereof, as well as the result of speech recognition converted into text);
6.4.2.      the User’s text queries;
6.4.3.      the search history of the Voice Assistant (dates, times, and subjects of search queries).
The User also acknowledges that the specified data is transmitted (recorded) to the Rightsholder’s servers and may also be transferred to third parties that are rightsholders of artificial intelligence systems with which integration is necessary to implement the Voice Assistant functionality.
6.5.    The Rightsholder processes the data in accordance with Federal Law No. 152-FZ dated July 27, 2006, “On Personal Data,” and pursuant to the provisions of the Agreement and the Privacy Policy available at: https://iqpolaris.com/privacy-app/.
6.6.    The unit used to account for the volume of queries available to the User when using the Voice Assistant within the Subscription is the Token.
6.7.     Tokens are not funds, electronic money, cryptocurrency, objects of civil rights, property, or an independent subject matter of a transaction; they are not subject to exchange, sale, transfer to third parties, or refund and do not grant the User any proprietary rights beyond the use of the Application functionality in accordance with the terms of the Agreement.
6.8.    The number of Tokens provided and their validity period are determined by the terms of the Subscription.
6.9.    Processing each User query entails deducting a corresponding number of Tokens, as determined by the Rightsholder based on various parameters.
6.10.After processing the query, the User is provided with a result generated using artificial intelligence algorithms (hereinafter, the “Generated Result”).
6.11.  The User independently determines the content of the queries submitted, the processing parameters, and the purposes for which the Generated Results obtained using the Voice Assistant are used.
6.12.The Rightsholder may unilaterally change the technical parameters of the Voice Assistant, data processing algorithms, the procedure for calculating the number of Tokens to be deducted, and other parameters of the Application’s functionality.
6.13.Tokens are credited at the beginning of each new Subscription period in accordance with its terms. Unused Tokens from the previous period remain available to the User provided that the Subscription is renewed continuously.
6.14.If the Subscription is terminated, unused Tokens shall be canceled upon expiration of the paid Subscription period.
6.15.If the User changes their Subscription, the procedure for crediting, retaining, and canceling Tokens shall be determined by the Rightsholder and communicated to the User through the Application interface. Unless otherwise specified by the Rightsholder, unused Tokens shall be canceled upon activation of the new Subscription.
7.        SUBSCRIPTION
7.1.     Use of the Voice Assistant functionality is subject to payment of a license fee under a subscription model.
7.2.     The User shall pay the license fee in the amount and manner specified by the selected Subscription Tariff. The amount of the license fee is specified exclusive of VAT.
7.3.     The Voice Assistant functionality is provided on a subscription basis (Article 429.4 of the Civil Code of the Russian Federation) for the periods specified by the selected Subscription Tariff.
7.4.     The User’s obligation to pay the license fee does not depend on the actual use or non-use of the paid functionality.
7.5.     Information about the available Tariffs is provided in the Application interface. In the event of any discrepancy between information previously provided in the Application and the current Subscription terms applicable at the time, the terms published in the Application interface on the date of Subscription activation shall apply.
7.6.     The User initially selects and activates the Subscription through the Application interface.
7.7.     The license fee shall be paid in advance in an amount equal to 100% (one hundred percent) of the Subscription Tariff price by cashless payment.
7.8.    To activate the Subscription, the User enters their bank card details (hereinafter, the “Linked Card”) on the page of the payment system integrated with the Application and makes the payment. The User may delete or change the Linked Card details at any time in the Personal Account.
7.9.     Provision of the functionality on a subscription basis entails periodic automatic debiting of the license fee from the Linked Card account to pay for the upcoming Subscription period and ensure uninterrupted access to the paid functionality (Recurring Payments).
7.10.By accepting the terms of the Agreement, the User authorizes the Rightsholder to prepare, on the User’s behalf, monthly payment orders for debiting funds from the Linked Card account in favor of the Rightsholder as payment for the Subscription and to submit such payment orders to the issuing bank of the User’s Linked Card.
7.11.   Unless the User cancels the Subscription through the Personal Account or another communication channel with the Rightsholder no later than 24 (twenty-four) hours before the end of the current Subscription period, the Subscription shall be automatically renewed for the next period on the same terms.
7.12.  The User may cancel automatic debiting of the license fee at any time through the Personal Account functionality or by contacting the Application support service with a corresponding request. The response period for such request is 3 (three) calendar days.
7.13.  If there are insufficient funds in the Linked Card account or the Linked Card details have been deleted, the Rightsholder may continue to provide the User with access to the paid functionality until the license fee is debited. If the funds cannot be debited within 7 (seven) banking days, the Rightsholder may block access to the Voice Assistant functionality.
7.14.  The User acknowledges and agrees that any changes to the functionality of the Application shall not constitute grounds for revising the amount of the license fee or refunding any funds.
7.15.  The User may opt out of further Subscription renewals at any time using the corresponding Personal Account functionality or by deleting the Linked Card details. Opting out of Subscription renewal does not terminate the already paid Subscription period.
7.16.  After automatic Subscription renewal has been canceled, access to the Voice Assistant functionality shall remain available until the end of the paid Subscription period.
7.17.  If the User is unable to cancel the Subscription or delete the Linked Card details independently, they may contact the Application support service with a corresponding request. The support service’s response period for such request is 3 (three) calendar days.
7.18.Deletion of the User’s Account by itself does not terminate the paid Subscription and does not constitute grounds for a refund.
7.19.  The User may restore their Account and access the paid functionality if the Subscription period has not expired. The Subscription period shall not be suspended for the period during which the Account is deleted.
7.20.The User may resume the Subscription at any time in accordance with the terms effective at the time of its reactivation.
7.21.  Upon receipt of payment for the Subscription, the Rightsholder shall send an electronic cash receipt to the email address provided by the User.
8.       SUBSCRIPTION PERIOD AND GROUNDS FOR REFUNDS
8.1.     A one-year Subscription period begins on the date of payment for the Subscription and expires on the corresponding date 12 (twelve) months thereafter.
8.2.    A six-month Subscription period begins on the date of payment for the Subscription and expires on the corresponding date 6 (six) months thereafter.
8.3.    A one-month Subscription period commences on the date of payment for the Subscription and expires on the corresponding calendar day of the following month.
8.4.    If the User disables automatic renewal of a monthly Subscription less than 24 (twenty-four) hours before the end of the last calendar day of the Subscription period, the Subscription shall be automatically renewed for 1 (one) month, and automatic renewal shall be disabled as of the end of that month.
8.5.    To resume the right to use the Voice Assistant, the User must subscribe again through the Personal Account.
8.6.    The User may submit a request for a refund on any of the grounds specified below, provided that, prior to submitting the request, the User has not used the paid functionality of the Application under the relevant Subscription:
8.6.1.       the Subscription was purchased by mistake, and the User requested a refund within 24 (twenty-four) hours from the time the funds were debited;
8.6.2.      the funds for the Subscription were debited, but the Subscription functionality was not actually activated;
8.6.3.      the User is unable to access the paid functionality of the Application for 48 (forty-eight) hours or more due to technical issues attributable to the Rightsholder;
8.6.4.      the functionality included in the Subscription materially fails to correspond to the description provided by the Rightsholder in the Application’s informational materials, and such discrepancy prevents the User from using the Application;
8.6.5.      the User disabled automatic renewal of the Subscription more than 24 (twenty-four) hours before the next scheduled debit, but the funds were nevertheless debited;
8.6.6.      other circumstances that may be recognized by the Rightsholder as objective grounds for a refund and are documented by the User (for example, unauthorized debiting of funds as a result of fraudulent actions by third parties).
8.7.    The User’s subjective views regarding the quality, convenience, or expected results of using the paid functionality of the Application, as well as claims arising from the User’s dissatisfaction with its functionality, provided that such functionality corresponds to the stated description, shall not constitute grounds for a refund.
8.8.    The funds shall be refunded within 10 (ten) calendar days from the date of submission of the User’s request, provided that grounds for such refund exist.
9.        LIMITATION OF LIABILITY
9.1.     The Application is provided to the User on an “as is” basis. The Rightsholder provides no warranties regarding the error-free or uninterrupted operation of the Application or any of its components and/or functions, the Application’s suitability for the User’s specific purposes or expectations, or any other warranties not expressly provided for in the Agreement.
9.2.    The Rightsholder does not warrant that the Application will meet all of the User’s requirements or expectations and shall not be liable for the Application’s failure to correspond precisely to the User’s requirements, expectations, purposes, or objectives.
9.3.    The Rightsholder shall not be liable for any direct or indirect consequences arising from the use of or inability to use the Application and/or for any damage caused to the User and/or third parties as a result of the use, non-use, or inability to use the Application or any of its components and/or functions, including due to possible errors or malfunctions of the Application, except as expressly provided by law.
9.4.    The Rightsholder does not moderate, review, edit, otherwise control, or verify any data or requests submitted by the User through the Application.
9.5.    The Rightsholder shall not be liable for the content of any data or requests created, processed, transmitted, or received by the User when using the Application and shall not compensate for any losses caused by such data, its content, or use.
9.6.    The User acknowledges that technical malfunctions and failures may occur in the operation of the Application and agrees that the Rightsholder has no technical means of predicting their occurrence, notifying the User of them in advance, or completely eliminating the possibility of their occurrence. The occurrence of such malfunctions or failures, regardless of their causes or consequences, shall not constitute grounds for holding the Rightsholder liable.
9.7.     The User acknowledges and agrees that the Rightsholder does not verify the accuracy, relevance, completeness, or conformity of the Generated Result obtained by the User with the User’s purposes or expectations. The Rightsholder shall not be liable for any consequences arising from the User’s use of the Generated Results, including where such use results in a violation of applicable law and/or the rights of third parties, or for any resulting losses.
9.8.    When using the Application, the User acknowledges that the Generated Results are produced using artificial intelligence technologies owned by third-party rightsholders, which means that the Rightsholder cannot control the content of the Generated Results.
9.9.    The User shall exercise due care in using the Generated Results and assumes full responsibility for their use.
10.    RESTRICTIONS ON THE USE OF THE APPLICATION
10.1.  All exclusive rights to the Application and the intellectual property objects comprising it, including computer programs and databases, belong to the Rightsholder, except for the artificial intelligence technologies used.
10.2. The User shall NOT perform the following actions with respect to the Application:
10.2.1.   use the Application in any manner not provided for by the Agreement; in particular, it is prohibited to reproduce the Application by creating copies on any tangible medium, modify it or make any changes thereto; use it to create derivative software products or other intellectual property objects; distribute it or otherwise use it in any manner not expressly provided for by the Agreement.
10.2.2.  attempt to circumvent or circumvent technical restrictions, including technical measures for protecting copyright;
10.2.3.   decompile, disassemble, or otherwise attempt to extract the source code of the software constituting part of the Application.
10.2.4.  register on behalf of or in place of another person and/or provide false or misleading information about themselves.
10.2.5.   use automated programs to obtain access for the purpose of extracting, collecting, processing, copying, and/or subsequently distributing information from the Application.
10.2.6.  use malicious software or take actions aimed at disrupting the normal functioning of the Application.
10.2.7.   use, without the Rightsholder’s prior permission, special programs to interact with the Application and its functionality.
10.2.8.  attempt to obtain or obtain another User’s login and password.
10.2.9.  use the Application in any manner other than through the interface provided by the Rightsholder and/or in any manner not provided for by the Agreement, as well as reproduce, duplicate, copy, provide, sell, or resell access to the Application to third parties, including by providing access to the Personal Account.
11.     FINAL PROVISIONS
11.1.   The Agreement may be amended unilaterally by the Rightsholder by publishing a new version of the Agreement. Such amendments shall enter into force on the date of their publication, unless otherwise expressly provided in the new version of the Agreement.
11.2.  If the User disagrees with the new version of the Agreement, the User shall cease using the Application, and the Agreement shall be deemed terminated by mutual agreement of the parties.
11.3.  The relations between the parties under the Agreement shall be governed by the laws of the Russian Federation.
11.4.  The User may contact the Rightsholder regarding any matter related to the use of the Application through the feedback form and/or support form available via the Application interface.
11.5.  The User may terminate the Agreement unilaterally out of court by deleting the Account. The Agreement shall be deemed terminated as of the date on which the Subscription period effective at the time of deletion of the Account expires.
11.6.  If the Rightsholder discovers any violation by the User of the Agreement or the legislation of the Russian Federation, is unable to debit the license fee from the Linked Card, discovers that any information provided by the User is inaccurate, or identifies any other violation, the Rightsholder may terminate the Agreement unilaterally out of court by notifying the User of its intention to terminate the Agreement and blocking the User’s access to the Application’s functionality. The Agreement shall be deemed terminated as of the date on which the User’s access to the functionality of the Application is blocked.
11.7.   The Rightsholder shall notify the User of any forthcoming changes to the Subscription terms at least 10 (ten) calendar days before the date on which the relevant changes enter into force by sending a notification through available communication channels, including, but not limited to, a push notification, a message through communication services used by the User, or a notice posted in the User’s Personal Account and/or the Application interface.
11.8.  The amended Subscription terms shall apply to new Subscription usage periods commencing after the date on which such amendments enter into force.
11.9.  If the User disagrees with the amended Subscription terms, the User may refuse further renewal of the Subscription before the start date of its next period by disabling automatic renewal of the Subscription using the functionality provided in the Application.
11.10.       If the User has not disabled automatic renewal of the Subscription before the funds are debited for the next Subscription period under the amended terms, the User may request a refund from the Rightsholder within 3 (three) calendar days of such debit, provided that, following renewal of the Subscription, the User has not used the paid functionality or any Tokens provided as part of the Subscription. The refund period is 10 (ten) calendar days.

12.  RIGHTSHOLDER DETAILS
AGI Electronics LLC
OGRN 1207700169687
INN 9725032535,
Registered address: 11 Ordzhonikidze St., Bldg. 3, Floor 4, Room
I, Office 13, Moscow, 115419