Important: Before using the Program below, please read carefully the terms and conditions of use contained in the Agreement. Any commencement of use of the Program means proper conclusion of the Agreement and your full consent to all its terms and conditions. The Program is intended for use for purposes related to business or other economic, including non-commercial activities (except for personal, family, household and other similar needs).
This End User License Agreement (hereinafter referred to as the Agreement) is a legally binding agreement between Smart Unit LLC and you, the End User (an individual acting on his/her own behalf and in his/her own interests, or a legal entity).
1.1. Smart Unit LLC – Smart Unit Limited Liability Company, 677000, Russia, Republic of Sakha (Yakutia), Yakutsk, Lenin Avenue, 1, 7th floor, office 706.
1.2 Administrator (System Administrator) – an individual with special rights to manage the System and (1) either being an End User (2) or acting on behalf and in the interests of the End User.
1.3 Program – a computer program “SMART:TRACKER”, which is a set of data and commands represented in objective form, including source code, database, audiovisual works included in the composition of the said computer program, as well as any documentation on its use.
1.4. Use of the Program – reproduction of one copy of the Program by running it in the order defined by the user (technical) documentation and the Agreement.
1.5. System User – any Authorized User who has authorized in the Program at least once. The rights of the System User shall be determined based on the functionality of the Program and settings defined by the System Administrator.
Authorized User – a user of the Program, including the System Administrator, who can have access to all functionality of the Program within the settings defined by the System Administrator.
1.6. System – an information resource, which is a set of data of one Program with a unique identifier, by means of which Program objects (information blocks, web forms, forums, templates, letter templates and others) are grouped for their joint display and use, usually in one appearance, interface language, domain name or directory.
1.7 Technical Support – activities carried out by Smart Unit LLC within the limits and volumes set by it to ensure the functioning of the Program, including information and consulting support.
1.8 Contract – a document on the basis of which Smart Unit LLC has granted the End User the right to use the Program on a reimbursable basis. 1.9. Registration – an action on the basis of which Smart Unit LLC has granted the End User the right to use the Program on a reimbursable basis.
1.9. Registration – an action aimed at creating an Account of the System Administrator in the Program.
1.10. Account – a record in the System, storing data, allowing to identify the System Administrator and the System User.
1.11. Personal account – a closed area of the System, which allows the System Administrator to authorize new users, manage their Profiles and System settings. The unique name and password defined by the System Administrator during registration shall be used to enter the Personal Account.
1.12. Demo-access – a limited period of the Program Usage, during which the System Administrator shall have access to all functionalities of the Program for the purpose of independent familiarization, evaluation and testing by the System Administrator.
1.13. Profile – an area/page of the System filled in by the System User and containing data allowing to identify him/her.
2. SUBJECT OF AGREEMENT
2.1 Smart Unit LLC hereby grants you the right to use (simple non-exclusive license) the Program within its functionality without the right to sublicense it to third parties.
2.2 The Agreement shall be concluded before or immediately at the moment of the beginning of the Program use and shall be valid during the period of its lawful use by the System Administrator within the term of the copyright for it, provided that the requirements and restrictions set forth in the Agreement are observed.
3. COPYRIGHTS
3.1 The Program is a result of intellectual activity and subject to copyright of OOO “Smart Unit”, Yakutsk (OGRN 1121435013930, TIN 1435259360).
3.2 The algorithms of the Program and its source codes (including their parts) are a trade secret of Smart Unit LLC. Any use of them or use of the Program in violation of the terms of the Agreement is considered as a violation of the rights of Smart Unit LLC and is a sufficient reason to deprive the System Administrator of the rights granted under the Agreement.
3.3 “Smart Unit” LLC guarantees that it has all the necessary rights to the Program to provide them to the System Administrator, including documentation for the Program.
3.4 Copyright on the Program is regulated and protected by the intellectual property laws of the Russian Federation and international law. Responsibility for infringement of the said rights shall be incurred in accordance with the current legislation of the Russian Federation.
3.5 This Agreement does not grant to the System Administrator any rights to use Trademarks and Service Marks of Smart Unit LLC and/or its partners.[w1]
3.6 The System Administrator shall have the right to change, add or delete files of the Program only in cases stipulated by the copyright legislation of the Russian Federation.
3.7. The System Administrator may not under any circumstances remove or make invisible information and data on copyrights, trademark rights or patents specified in the Program.
3.8. The Agreement does not grant the ownership right to the Program and its components, but only the right to use the Program and its components in accordance with the terms of the Agreement.
3.9. The System Administrator may not copy, distribute the Program and its components, as well as the Systems created on the basis of the Program, in any form, including in the form of source code, in any way, including renting/lease. The System Administrator is not allowed to use the Program in any way, if such use contradicts or leads to violation of the Agreement or the current legislation of the Russian Federation.
4. TERMS OF USE OF THE PROGRAM AND RESTRICTIONS
4.1 The System Administrator shall have the right to create one System for one company on the basis of one copy of the Program, access to which is provided only to the System Users.
4.2 The System Administrator shall have the rights to manage the System, including but not limited to the right to:
(1) initiate the process of deleting the System and the System Users and their data;
(2) grant the Authorized Users the status of Administrator, which means (if the appropriate functionality is available) granting him/her all the rights specified in this clause.
Each of the Administrators shall have the right to independently and solely (independently of other Administrators) exercise the full scope of relevant powers.
4.3. Administrator of the System understands and agrees that all actions performed by Users of the System within or with the use of the Program are considered to be performed by the Administrator of the System and he is responsible for such actions.
4.4. The System Administrator is not allowed to use the Program in any way, if such use contradicts or leads to violation of the current legislation of the Russian Federation.
4.5. Smart Unit LLC does not provide communication services to the System Administrator, does not organize access to information systems of information and telecommunication networks, including the Internet, and does not carry out activities for receiving, processing, storing, transmitting, delivering telecommunication messages.
4.6 In order to improve the quality of the Program operation, including the creation of a more convenient interface, Smart Unite LLC reserves the right to collect data on some randomly selected Systems (not more than 10 Systems per day) about the Program usage scenarios in the first 72 hours after the System registration, which are completely deleted after 15 days. Smart Unite LLC recognizes this information as confidential and protects it from unauthorized access and use.
5. PROGRAM USAGE PROCEDURE
5.1 Registration.
5.1.1 In order to use the Program, the System Administrator shall go through the Registration procedure, as a result of which a unique Account will be created for the System Administrator. To add Users of the System, the System Administrator shall register them in Personal Cabinet by filling in the appropriate form.
5.2 Login and password for access to the Account.
5.2.1 When registering, System Users shall independently choose a login (User’s e-mail address) and password for access to the Account. Smart Unit LLC has the right to prohibit the use of certain logins, as well as to set requirements for login and password (length, allowable characters, etc.).
5.2.2 Users of the System are independently responsible for security (resistance to guessing) of their chosen password, as well as independently ensure confidentiality of their password.
Users of the System shall be responsible for all actions/inactions (as well as their consequences) within or using the Program under their Account, including cases of voluntary transfer or failure to maintain confidentiality of data for access to the Account to third parties on any terms (including under contracts or agreements). In this case, all actions within or using the Program under the Account of the System Users shall be deemed to be performed by them, except for cases that take place after Smart Unit LLC receives from the System Administrator the sent in the manner prescribed by clause. 5.2.3 of the Agreement, notification of unauthorized use of the Program under the System Administrator’s Account or any breach (suspected breach) of confidentiality of its password.
5.2.3 The System Administrator shall immediately notify Smart Unit LLC of any case of unauthorized access to the Program using his Account and/or any breach (suspected breach) of confidentiality of his password. For security purposes, the System Administrator shall independently carry out safe termination of work under his account (the “Exit” button) at the end of each session of work with the Program. Smart Unit LLC is not responsible for possible data loss, as well as other consequences of any nature, which may occur due to violation by the System Administrator of the provisions of this part of the Agreement.
Users of the System shall be responsible for all actions/inactions (as well as their consequences) within or using the Program under their Account, including cases of voluntary transfer or failure to maintain confidentiality of data for access to the Account to third parties on any terms (including under contracts or agreements). In this case, all actions within or using the Program under the Account of the System Users shall be deemed to be performed by them, except for cases that take place after Smart Unit LLC receives from the System Administrator the sent in the manner prescribed by clause. 5.2.3 of the Agreement, notification of unauthorized use of the Program under the System Administrator’s Account or any breach (suspected breach) of confidentiality of its password.
5.2.3 The System Administrator shall immediately notify Smart Unit LLC of any case of unauthorized access to the Program using his Account and/or any breach (suspected breach) of confidentiality of his password. For security purposes, the System Administrator shall independently carry out safe termination of work under his account (the “Exit” button) at the end of each session of work with the Program. Smart Unit LLC is not responsible for possible data loss, as well as other consequences of any nature, which may occur due to violation by the System Administrator of the provisions of this part of the Agreement.

5.4 Additional functionality of the Program
5.4.1 Smart Unit LLC provides the opportunity to use additional functionality of the Program at its own discretion, which can be activated or deactivated by the System Administrator and/or Authorized User. A particular type of additional functionality may be provided by third parties and for a separate fee.
5.4.2 The use of additional functionality may require updating of the Program and other software.
5.4.3 By starting to use any type of additional functionality, the Authorized User (System Administrator) confirms that he/she has read and accepted the rules of its use (if applicable) and undertakes to comply with the requirements of the legislation of the Russian Federation.
6. USAGE RESTRICTIONS
6.1 Users of the System are not entitled to perform actions that may entail:
(1) disruption of Smart Unite LLC’s equipment and network;
(2) disruption of the Program operation or limitation of other users’ ability to use the Program;
(3) unauthorized access to the Program, as well as to information-computing and network resources of Smart Unit LLC;
(4) causing or threatening to cause damage or infringement of rights to third parties, including by posting information and/or links to network resources, the content of which violates the rights of third parties and/or contradicts the current legislation of the Russian Federation.
6.2 The System Administrator shall not be given the opportunity to modify the System, its design and appearance.
6.3 Administrator of the System shall independently ensure availability of equipment meeting technical requirements for use of the Program and access to the Internet.
6.4. The System Administrator guarantees that he/she has all necessary rights to all data, computer programs or services, which are used by him/her in connection with the use of the Program, and that such actions do not violate the rights of third parties.
6.5. The System Administrator may not use the Program in other ways than those specified in the Agreement, as well as copy, sell and resell it or access to it, unless the System Administrator has received such permission from Smart Unit LLC.
6.6 Smart Unit LLC reserves the right to temporarily restrict access (partially or fully) to the System or the Program, as well as to any functionality of the Program in case of excessive load on the System, infrastructure or resources of Smart Unit LLC used in the operation of the System or the Program.
7. TECHNICAL SUPPORT
7.1. Smart Unit LLC provides Technical Support to the System Administrator, including issues related to the functionality of the Program, peculiarities of operation on standard configurations, supported operating, mail and other systems.
7.2 Technical support shall be provided without payment of additional remuneration.
7.3 In order to provide Technical Support, Smart Unit LLC has the right to request the System Administrator to provide information related to the account data, technical characteristics of the equipment and other information necessary for providing Technical Support.
7.4. Smart Unit LLC has the right to suspend or block Technical Support for a particular System in case the System Administrator or Authorized User violates the terms and conditions of the Regulations.
8. LIMITED WARRANTY AND LIABILITY
8.1 The Program is provided on an “as is” basis and Smart Unite LLC does not warrant that all of its functionality will meet the System Administrator’s expectations and may be applicable for its particular purpose.
8.2 Smart Unit LLC does not initiate and does not control the System Administrator’s posting of any information in the process of using the Program, does not affect its content and integrity, and at the time of posting the said information does not know and cannot know whether it violates the legally protected rights and interests of third parties, international treaties and applicable laws of the Russian Federation.
8.3 Smart Unit LLC shall not be liable to the System Administrator for any damage, any loss of income, profit, information or savings related to the use or inability to use the Program, including in case of prior notification from the System Administrator about the possibility of such damage, or under any claim of a third party.
8.4 If errors are detected during the use of the Program, Smart Unit LLC will take measures to correct them as soon as possible. The Parties agree that the exact determination of the time of error correction cannot be established, as the Program closely interacts with other computer programs of third-party developers, operating systems and hardware resources of the System Administrator’s computer and the operability and time of problem correction do not fully depend only on Smart Unit LLC.
8.5 In the event that Users of the System violate the Agreement, Smart Unit LLC may, at its sole discretion and without any notice, take steps to detect and stop the violation, including:
(1) locking and/or deleting the System/Account, in the manner provided in Section 7 of the Agreement;
(2) limitation of the right to technical support and to receive Program updates.
In order to verify compliance of the System Administrator with the terms of the Agreement, as well as to identify, prevent and limit actions that violate the terms of the Agreement, Smart Unit LLC shall use technical means of copyright protection.
8.6. For violation of the terms of this Agreement by the System Administrator, the responsibility stipulated by the legislation of the Russian Federation shall be incurred.
9. VALIDITY, AMENDMENT AND TERMINATION OF THE AGREEMENT
9.1 In all matters not regulated by this Agreement, the Parties shall be guided by the current legislation of the Russian Federation.
9.2. Smart Unite LLC has the right to unilaterally change the terms and conditions of this Agreement by posting the amended text on the Internet at http://smart-erp-translate-test.ya14.ru/agreement. By continuing to use the Program, the System Administrator confirms his/her agreement with the Agreement in the version in force at the time of actual use of the Program.
9.3. Smart Unit LLC has the right to unilaterally terminate the Agreement by notifying the Administrator at least 10 (ten) calendar days in advance, without reimbursement of the license fee, any costs and losses.
9.4 Smart Unit LLC shall have the right to unilaterally, without prior notice and explanation of reasons, without reimbursement of the license cost, any costs and losses, refuse to execute the Agreement by terminating access to the Program in full or to a part of its functionality, including, but not limited to, the following cases:
(1) violation by the System Users of the terms of use of the Program as defined in the Agreement;
(2) termination or change of conditions of third parties’ provision of third-party software, services and technologies used for the Program functioning;
(3) changes in applicable laws or regulations of governmental authorities affecting Smart Unit LLC and/or its affiliates, due to which it becomes impossible or excessively difficult to provide Access to the Program;
(4) occurrence of force majeure (force majeure).
9.5 Except for the end user’s payment obligations, the Parties shall be released from liability for partial or full non-fulfillment of obligations under the Agreement, if such non-fulfillment was caused by force majeure, in particular: natural disasters; natural and industrial disasters; terrorist acts; military actions; civil unrest; adoption by state or local authorities of acts containing prohibitions or restrictions on the Parties’ activities under the Agreement; other circumstances, such as the occurrence of force majeure.
Upon occurrence of force majeure circumstances, each Party shall notify the other Party thereof within a reasonable period of time, as well as notify the termination of the force majeure circumstances within the same period of time.
The Party that has not fulfilled its obligations due to the occurrence of force majeure circumstances, if possible, shall proceed to their fulfillment immediately upon termination of such circumstances.
9.6 Upon termination of the Agreement, the System Administrator shall stop using the Program completely.
9.7. The System Administrator agrees that all claims and disputes related to the Use of the Program shall be resolved individually, the System Administrator agrees not to initiate, participate in or join a class action lawsuit against Smart Unit LLC.
9.8 In the event a competent court finds any provisions of this Agreement to be invalid, the Agreement shall continue in effect for the remainder.
9.9. This Agreement shall apply to all updates provided to the System Administrator, unless a new Agreement or addendum to the existing Agreement is offered for review and acceptance when the Program is updated.
10. CONTACT INFORMATION AND NOTICES
10.1. Smart Unit LLC recognizes the System Administrator as a proper contact person on the part of the End User.
10.2 Communications regarding the terms and conditions of the Agreement and Technical Support are accepted through the form posted on the Internet at: https://cp.smart-erp.pro. 10.3.
10.3. Smart Unite LLC may send you legally significant messages through the following communication channels:
(1) by notification in the Personal Cabinet of the System, or
(2) by sending to the contact e-mail address of the System Administrator specified in the Profile. The System Administrator shall ensure that the e-mail address is accurate and up-to-date. Smart Unit LLC shall not be liable for the inability to receive legally significant messages if the e-mail address is incorrect or missing.