on entering into a service agreement for the darkmes service
This is a reference translation. The legally binding version of this Public Offer is the Russian-language text available at /ru/offer. In case of any discrepancy, the Russian text prevails.
1. General provisions
1.1. This Public Offer sets out the terms for entering into a Service Agreement (hereinafter — the "Service Agreement" and/or the "Agreement"). This offer is a proposal addressed to one or more specific persons that is sufficiently definite and expresses the intention of the person making it to consider themselves to have entered into the Agreement with the addressee who accepts the proposal.
1.2. Performance of the actions specified in this Offer confirms the consent of both Parties to enter into the Service Agreement on the terms, in the manner and to the extent set out in this Offer.
1.3. The text of this Public Offer below is the official public proposal of the Contractor, addressed to an interested range of persons, to enter into a Service Agreement in accordance with the provisions of clause 2 of Article 437 of the Civil Code of the Russian Federation.
1.4. The Service Agreement is deemed concluded and takes effect from the moment the Parties perform the actions provided for in this Offer, signifying the unconditional and full acceptance of all terms of this Offer without any exceptions or limitations, on the terms of accession.
1.5. The Contractor and the Customer confirm that the services under this Agreement are not intended for persons under 18 (eighteen) years of age. By accepting this Offer, the Customer confirms that they are 18 (eighteen) years of age or older and have full legal capacity.
2. Terms and definitions
Agreement — the text of this Offer together with its Appendices, which form an integral part of this Offer, accepted by the Customer through the conclusive actions provided for in this Offer.
Conclusive actions — conduct expressing consent to the counterparty's proposal to conclude, amend or terminate the agreement. Such actions consist of full or partial performance of the terms proposed by the counterparty.
Contractor's Website on the Internet (hereinafter — the "Website") — the set of computer programs and other information contained in an information system, access to which is provided over the Internet at the domain name and network address: https://darkmes.com
Service — the Contractor's software and hardware complex available on the Website, providing the Customer with the ability to conduct dialogues (correspondence) with virtual AI characters based on artificial intelligence models, to create and configure such characters, and to use related functionality.
Personal account — a section of the Website accessed by the Customer after authorization (account registration), reflecting information about the Customer, the Credit balance and the history of transactions.
Credits — the internal accounting (settlement) unit of the Service, purchased by the Customer and used to pay for Service functions, primarily the generation of AI characters' reply messages. Credits are not electronic money, a monetary surrogate or a means of payment outside the Service, are not exchangeable for money, and are used solely within the Service.
Parties to the Agreement (Parties) — the Contractor and the Customer.
Service (rendered) — the service provided by the Contractor to the Customer in the manner and on the terms established by this Offer, including provision of access to the Service's functionality and the sale (crediting) of Credits.
3. Subject of the Agreement
3.1. The Contractor undertakes to render the Services to the Customer, and the Customer undertakes to pay for them in the amount, manner and within the time limits established by this Agreement.
3.2. The Services under this Agreement include:
- providing the Customer with access to the Service's functionality for conducting dialogues with AI characters, creating and configuring them;
- the sale (crediting to the Personal account balance) of Credits used to pay for Service functions.
3.3. The name, quantity, cost, procedure and other terms of rendering the Services are determined on the basis of the Contractor's information at the time the Customer places an order, or are established on the Contractor's Website on the Internet at https://darkmes.com
3.4. The Contractor renders the Services under this Agreement either personally or by engaging third parties (including third-party providers of artificial intelligence models and payment services), and the Contractor is liable to the Customer for the actions of third parties as for its own.
3.5. The Agreement is concluded by acceptance of this Offer through conclusive actions, expressed in:
- actions relating to registration of an account on the Contractor's Website on the Internet;
- the placing and sending by the Customer of an order to the Contractor for the rendering of Services (including the selection of a Credit package);
- actions relating to the Customer's payment for the Services;
- actions relating to the use of the Service's functionality.
3.6. This list is not exhaustive; there may be other actions that clearly express a person's intention to accept the counterparty's proposal.
4. Rights and obligations of the Parties
4.1. Rights and obligations of the Contractor
4.1.1. The Contractor undertakes to render the Services in accordance with the provisions of this Agreement, within the time limits and to the extent specified in this Agreement and/or in the manner specified on the Contractor's Website.
4.1.2. The Contractor undertakes to provide the Customer with access to the sections of the Website necessary to receive the Services and information under this Agreement.
4.1.3. The Contractor undertakes to credit the Credits paid for by the Customer to the balance of the Customer's Personal account automatically upon receipt of payment.
4.1.4. The Contractor is responsible for the storage and processing of the Customer's personal data, ensures the confidentiality of such data and uses it solely for the quality rendering of Services to the Customer.
4.1.5. The Contractor reserves the right to change the time limits (period) for rendering the Services and the terms of this Offer unilaterally without prior notice to the Customer, by publishing such changes on the Contractor's Website on the Internet. New / amended terms posted on the Website apply only to Agreements concluded after such posting.
4.1.6. The Contractor is entitled to suspend or terminate the rendering of Services to the Customer in the event of the Customer's breach of the terms of this Agreement, including the requirements of Section 9 of this Offer.
4.2. Rights and obligations of the Customer
4.2.1. The Customer must provide accurate information about themselves when receiving the relevant Services.
4.2.2. The Customer undertakes not to reproduce, repeat, copy, sell, or otherwise use for any purpose the information and materials made available to them in connection with the rendering of the Services, except for personal use by the Customer themselves without providing access in any form to any third parties.
4.2.3. The Customer undertakes to accept the Services rendered by the Contractor.
4.2.4. The Customer undertakes not to use the Service for purposes prohibited by Section 9 of this Offer and by applicable law.
4.2.5. The Customer is entitled to demand a refund from the Contractor for services not rendered, services rendered improperly, services rendered in breach of the time limits, and also if the Customer decides to refuse the services for reasons not related to a breach of obligations by the Contractor — solely on the grounds and in the manner provided for in Section 7 of this Offer and by the applicable law of the Russian Federation.
4.2.6. The Customer warrants that all terms of the Agreement are clear to them; the Customer accepts the terms without reservation and in full.
5. Credits and the digital nature of the Services
5.1. Credits are the internal accounting unit of the Service and are purchased by the Customer in packages whose composition and cost are stated on the Website.
5.2. Credits are credited to the balance of the Customer's Personal account automatically immediately upon receipt of payment. Crediting the Credits to the balance constitutes the moment the Service of selling Credits is rendered.
5.3. Credits are debited from the Customer's balance when paid Service functions are used (including the generation of AI characters' reply messages) according to the rates stated on the Website. The number of Credits debited may depend on the selected artificial intelligence model.
5.4. Credits have no expiry date unless expressly stated otherwise on the Website, are not exchangeable for money, and may not be transferred to another Customer.
5.5. The result of the Service (generated messages and other content) is provided in electronic form and is of the nature of digital content.
6. Price and payment procedure
6.1. The cost of the Contractor's Services rendered to the Customer and the procedure for their payment are determined on the basis of the Contractor's information at the time the Customer places an order, or are established on the Contractor's Website on the Internet: https://darkmes.com
6.2. All settlements under the Agreement are made by non-cash means. Payments are accepted with the involvement of third-party payment services (payment agents), and the processing of the Customer's payment data is carried out by the relevant payment service in accordance with its rules.
6.3. The Customer's payment obligation is deemed fulfilled from the moment the funds are received by the Contractor (its payment agent).
6.4. The Contractor applies the special tax regime "Tax on Professional Income" (self-employment regime). A receipt for the settlement is issued by the Contractor in the manner provided for by Federal Law No. 422-FZ of 27 November 2018.
7. Refunds
7.1. The Service of selling Credits is deemed rendered properly and in full from the moment the Credits are credited to the balance of the Customer's Personal account.
7.2. Funds paid for Credits that have been used (fully or partially debited from the balance when using Service functions) are non-refundable, as the corresponding Service has been rendered and the result of the Service has been provided in electronic form (digital content).
7.3. A refund for the unused (non-debited) balance of Credits may be made upon a substantiated request from the Customer, sent to the Contractor's contact e-mail, in the cases and in the manner provided for by the applicable law of the Russian Federation. The amount refundable is proportional to the unused balance of Credits.
7.4. The Customer is entitled to demand a refund for Services not rendered or rendered improperly in accordance with the applicable law of the Russian Federation. To have a refund considered, the Customer sends a request to the Contractor's contact e-mail stating the circumstances and the payment details.
7.5. Refunds are made by the same method used for payment, within the time limits established by applicable law.
8. Confidentiality and security
8.1. In implementing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current version of Federal Law No. 152-FZ of 27 July 2006 "On Personal Data" and Federal Law No. 149-FZ of 27 July 2006 "On Information, Information Technologies and Information Protection".
8.2. The Parties undertake to maintain the confidentiality of information obtained in the course of performing this Agreement and to take all possible measures to protect the information obtained from disclosure.
8.3. Confidential information means any information transmitted by the Contractor and the Customer in the course of implementing the Agreement and subject to protection, except for the cases specified below.
8.4. The procedure for processing the Customer's personal data, and the purposes and legal grounds for such processing, are set out in the Privacy Policy posted on the Website.
9. Age restriction and acceptable use
9.1. The Service is intended solely for persons who have reached 18 (eighteen) years of age. The Customer warrants that they are 18 years of age or older.
9.2. The Customer undertakes not to use the Service to create, generate, store or distribute materials prohibited by the law of the Russian Federation, including materials related to the sexual exploitation of minors, violence, incitement of hatred, and other unlawful materials.
9.3. The Customer undertakes not to take actions aimed at disrupting the normal operation of the Service, circumventing technical limitations, gaining unauthorized access to other persons' accounts, or automated data collection without the Contractor's consent.
9.4. In the event of the Customer's breach of the terms of this Section, the Contractor is entitled to suspend or terminate the rendering of Services and to block the Customer's account without refunding the cost of used Credits.
10. Force majeure
10.1. The Parties are released from liability for non-performance or improper performance of obligations under the Agreement if proper performance became impossible due to force majeure, i.e. extraordinary and unavoidable circumstances under the given conditions, which include: prohibitive actions of the authorities, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters.
10.2. Upon the occurrence of these circumstances, a Party must notify the other Party within 30 (thirty) business days.
10.3. A document issued by an authorized state body is sufficient confirmation of the existence and duration of the force majeure.
10.4. If the force majeure circumstances continue for more than 60 (sixty) business days, each Party is entitled to withdraw from this Agreement unilaterally.
11. Liability of the Parties
11.1. In the event of non-performance and/or improper performance of their obligations under the Agreement, the Parties are liable in accordance with the terms of this Offer and the applicable law of the Russian Federation.
11.2. The Contractor is not liable for non-performance and/or improper performance of obligations under the Agreement if such non-performance and/or improper performance occurred through the fault of the Customer.
11.3. The Service and its results are provided on an "as is" basis. Content generated by AI characters is fictional in nature, created automatically and may contain inaccuracies; the Contractor does not guarantee its accuracy or fitness for any purpose and is not liable for decisions made by the Customer on its basis.
11.4. A Party that has failed to perform or has improperly performed its obligations under the Agreement must compensate the other Party for the losses caused by such breaches.
12. Term of this Offer
12.1. The Offer takes effect from the moment it is posted on the Contractor's Website and remains in effect until it is withdrawn by the Contractor.
12.2. The Contractor reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. Information about the amendment or withdrawal of the Offer is communicated to the Customer, at the Contractor's choice, by posting it on the Contractor's Website on the Internet, in the Customer's Personal account, or by sending a corresponding notice to the electronic or postal address provided by the Customer when concluding the Agreement or during its performance.
12.3. The Agreement takes effect from the moment the Customer Accepts the terms of the Offer and remains in effect until the Parties have fully performed their obligations under the Agreement.
12.4. Amendments made by the Contractor to the Agreement and published on the Website in the form of an updated Offer are deemed accepted by the Customer in full.
13. Additional provisions
13.1. The Agreement, its conclusion and performance are governed by the applicable law of the Russian Federation. All matters not regulated by this Offer or regulated incompletely are governed in accordance with the substantive law of the Russian Federation.
13.2. In the event of a dispute that may arise between the Parties in the course of performing their obligations under the Agreement concluded on the terms of this Offer, the Parties must settle the dispute amicably before the start of court proceedings.
13.3. Disputes or disagreements on which the Parties have not reached agreement are subject to resolution in accordance with the law of the Russian Federation. The pre-trial dispute settlement procedure is mandatory.
13.4. The Parties have determined Russian as the language of the Agreement concluded on the terms of this Offer, as well as the language used in any interaction between the Parties (including correspondence, the provision of demands / notices / clarifications, the provision of documents, etc.). Where this Offer is translated into other languages, the Russian-language text prevails in interpretation.
13.5. All documents to be provided under the terms of this Offer must be drawn up in Russian or have a translation into Russian certified in the established manner.
13.6. The inaction of one of the Parties in the event of a breach of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, nor does it mean a waiver of its rights in the event of similar or comparable breaches by one of the Parties in the future.
13.7. If the Contractor's Website on the Internet contains links to other websites and third-party materials, such links are placed solely for informational purposes, and the Contractor has no control over the content of such sites or materials. The Contractor is not liable for any losses or damage that may arise as a result of using such links.
14. Contractor's details
Full name: Self-employed (payer of the Tax on Professional Income) Lobkov Vyacheslav Dmitrievich
INN (taxpayer number): 440703866960
Tax regime: Tax on Professional Income (self-employment regime), Federal Law No. 422-FZ of 27 November 2018
Contact phone: +7 910 135-80-44
Contact e-mail: sitellayout@gmail.com
Website: https://darkmes.com