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User agreement

1. This Terms of Service (the "Agreement") governs the use of the Platform published on the Internet at: https://tempi.ru as well as on mobile platforms (links to mobile platforms): https://tempi.ru/platforms.

By using Platform functionality, the user confirms that they have read and agree to the terms of this Agreement.

If the user disagrees with the terms of this Agreement, they must immediately stop using the Platform.

I. TERMS AND DEFINITIONS

Platform — an information system that enables the built-in interaction logic between participants using the Platform (described in subsequent Sections of this Agreement), implemented through software code and databases, publicly available on the Internet and mobile platforms.

Platform Operator — TEMPI LLC, TIN 9703128201, KPP 771501011, 127106, Moscow, intracity territory Municipal Okrug Otradnoye, Altufyevskoye highway, 27, office 401, is the copyright holder of the Platform and has all exclusive rights to the logic of this information system, the software code ensuring its operation, information materials (content), databases, their structure and information content, continuously updated in the process of use by Platform users, and also provides hosting and support of the Platform on the Internet and mobile platforms.

Unverified User — a user who has completed registration but has not completed the verification process defined by this Agreement, which is required to obtain one of the target statuses on this Platform.

Verified User — a user who has completed registration and then verification to obtain one of the target statuses of this Platform. A target status allows use of the Platform's built-in operating logic (depending on the obtained target status).

Customer — a target Platform status that allows a user verified in this status, through Platform functionality, to publish requests relevant to their business activities, find suitable contractors, enter into contractual relations with them in accordance with applicable Russian law, and carry out further contractual interactions for contract performance.

Contractor — a target Platform status that allows a user verified in this status, through Platform functionality, to search for requests available to Contractors, enter into contractual relations with Customers in accordance with applicable Russian law, and carry out further contractual interactions for contract performance.

Request — depending on the Customer's choice: a preliminary request by the Customer to search for a possible Contractor, or an offer, or a public offer by the Customer, presented via the Platform.

Order — a services/work contract concluded through the Platform between Customer and Contractor, aimed at obtaining the corresponding service/work result for the Customer.

Remuneration — the contract price within an Order, paid by the Customer to the Contractor through the Platform.

Confirming Actions — actions performed by Unverified and Verified users via Platform interactive elements: buttons, checkboxes, fields for entering control values (confirmation codes, etc.), and other interactive elements that allow users to express their intent regarding current Platform actions, including actions with legal significance. The names of such fields and accompanying descriptive fields allow the user to unambiguously determine which actions they confirm on the Platform. Facts of Confirming Actions are recorded by the Platform.

Personal Data Agreement — a document defining the personal data processing policy of Platform users, published on the Internet at: https://tempi.ru/personal-data.

Terms of Service — this document concluded between the Platform Operator and users, regulating use of the Platform, published on the Internet at: https://tempi.ru/terms-of-service.

This Agreement may use terms and definitions not listed in this Section. In such cases, interpretation of such terms and definitions is carried out in accordance with the text of this Agreement and applicable law of the Russian Federation. If there is no unambiguous interpretation in the text of this Agreement and applicable law of the Russian Federation, interpretation established on the Internet shall apply.

II. PARTICIPANTS IN PLATFORM USE

2.1. The Platform Operator ensures the development, improvement, and advancement of the Platform, including its placement on the Internet and mobile platforms. The Operator ensures operability and availability of the Platform to users and provides informational and service support for normal Platform operation.

2.2. The Customer uses the Platform to post Requests with required qualifications for Contractors to perform/provide work/services needed by the Customer and concludes contracts with Contractors after posting a Request.

2.2.1 The following may act as a Customer:

  • A legal entity;
  • An individual entrepreneur;
  • A natural person conducting business activity as self-employed (hereinafter — "Self-employed") in accordance with Federal Law No. 422-FZ dated 27.11.2018 "On conducting an experiment to establish the special tax regime 'Professional Income Tax'" (hereinafter — "Law No. 422-FZ dated 27.11.2018");
  • A natural person acting in their own interest.

2.3. The Contractor uses the Platform to search open Requests and, where applicable, respond to Requests that match the Contractor's requirements and expectations, conclude contracts with Customers to perform work/provide services, and receive corresponding compensation via the Platform.

2.4. The following may act as Contractors:

  • A legal entity;
  • An individual entrepreneur;
  • A self-employed person;
  • A natural person under a civil law contract.

2.5. A User is a Platform participant who performs direct actions while using the Platform, may act as a Customer or Contractor, and has the necessary authority of the Customer or Contractor at the moment of such actions by virtue of authorization under the corresponding Customer or Contractor account.

2.6. The following may act as a User:

  • A natural person — representative of a Customer/Contractor with appropriate authority by power of attorney or otherwise at the discretion and responsibility of the Customer/Contractor;
  • A natural person — the Customer/Contractor themselves: an individual entrepreneur, self-employed person, or natural person acting in their own interest.

III. SUBJECT OF PLATFORM USE

3.1. For an Unverified user, the Platform provides access to: open Customer Requests and the list of available Contractors

3.2. The Platform is used by the Customer for:

  • Posting Requests to conclude contracts for work and/or services according to the Customer's needs and with specified Contractor requirements;
  • Selecting suitable Contractors.
  • Concluding a contract for work and/or services with a suitable Contractor;
  • Receiving information from the Contractor on contract performance;
  • Paying the Contractor through the Platform (for non-cash payment under the contract).

3.3. The Platform is used by the Contractor for:

  • Searching Customer Requests for which the Contractor matches the stated requirements;
  • Responding to relevant Requests;
  • Concluding a contract for work and/or services with the Customer;
  • Providing the Customer with information on contract performance;
  • Receiving payment for the performed contract through the Platform.

3.4. The Platform Operator provides services to Customers and Contractors through the Platform based on this Agreement and the Offer Agreement.

IV. REGISTRATION AND VERIFICATION OF PLATFORM PARTICIPANTS

4.1. Registration of Platform participants is carried out by providing the following information:

  • Authorization login: a user alias used to sign in to the Platform account.
  • Authorization password: a code word used to sign in to the Platform account, which may contain letters and/or digits;
  • Email address: an email address on the Internet allowing identification of the account owner and providing a way to restore access to the Platform;
  • Phone: an active mobile operator phone number allowing identification of the account owner and providing a way to restore access to the Platform.

Registration enables use of Platform functionality in the Unverified user status.

4.2. Verification in Customer status:

4.2.1. Any Unverified user may complete the verification procedure on the Platform to obtain Customer status in the following order:

  • An Unverified user who is a representative of a legal entity and performs direct actions during verification provides electronically the following data (by filling relevant fields): a) organization details according to the fields, b) organization bank account details.
  • The Unverified user acknowledges and agrees that to confirm verification data, the first payment for Platform services in favor of the Platform Operator must be made from the account specified during verification;
  • During verification, the Unverified user by relevant Confirmation actions on the Platform acknowledges and agrees that they have read and accept the terms of Platform use in Customer status described in this Agreement;
  • By relevant Confirmation actions on the Platform, the Customer confirms that they have read and undertake to comply with the Platform Privacy Policy available at: https://tempi.ru/privacy-policy.
  • By relevant Confirmation actions on the Platform, the Customer confirms that they accept the Personal Data Provision Agreement available at: https://tempi.ru/personal-data.

4.2.1.2. Verification in Customer status by an individual entrepreneur:

  • An Unverified user who is an individual entrepreneur, or a representative of an individual entrepreneur, performing direct actions during verification provides electronically the following data (by filling relevant fields): a) individual entrepreneur details according to the fields, b) individual entrepreneur bank account details, c) if verification is performed by a representative of the individual entrepreneur: a scanned copy of a power of attorney from the individual entrepreneur for registration and verification as a Contractor on the Platform.
  • The Unverified user acknowledges and agrees that to confirm verification data, the first payment for Platform services in favor of the Platform Operator must be made from the account specified during verification;
  • During verification, the Unverified user by relevant Confirmation actions on the Platform acknowledges and agrees that they have read and accept the terms of Platform use in Customer status described in this Agreement;
  • By relevant Confirmation actions on the Platform, the Customer confirms that they have read and undertake to comply with the Platform Privacy Policy available at: https://tempi.ru/privacy-policy.
  • By relevant Confirmation actions on the Platform, the Customer confirms that they accept the Personal Data Provision Agreement available at: https://tempi.ru/personal-data.

4.2.1.3. Verification in Customer status by a Self-Employed person:

  • An Unverified user who is Self-Employed, or a representative of a Self-Employed person, performing direct actions during verification provides electronically the following data (by filling relevant fields): a) individual passport data (full name; passport number and series, registration address), b) individual's tax number, c) individual's bank account details, d) if verification is performed through a representative of the Self-Employed person: a scanned copy of a power of attorney from the Self-Employed person for registration and verification as a Customer on the Platform. The Unverified user acknowledges and agrees that to confirm verification data, the first payment for Platform services in favor of the Platform Operator must be made from the account specified during verification;
  • During verification, the Unverified user by relevant Confirmation actions on the Platform acknowledges and agrees that they have read and accept the terms of Platform use in Customer status described in this Agreement;
  • By relevant Confirmation actions on the Platform, the Customer confirms that they have read and undertake to comply with the Platform Privacy Policy available at: https://tempi.ru/privacy-policy.
  • By relevant Confirmation actions on the Platform, the Customer confirms that they accept the Personal Data Provision Agreement available at: https://tempi.ru/personal-data.

4.2.1.4. Verification in Customer status by an individual acting in their own interests:

  • An Unverified user who is an individual acting in their own interests, or a representative of such individual, performing direct actions during verification provides electronically the following data (by filling relevant fields): a) individual passport data (full name; passport number and series, registration address), b) individual's bank account details, c) if verification is performed by a representative: a scanned copy of a power of attorney from the individual acting in their own interests for registration and verification as a Customer on the Platform. The Unverified user acknowledges and agrees that to confirm verification data, the first payment for Platform services in favor of the Platform Operator must be made from the account specified during verification;
  • During verification, the Unverified user by relevant Confirmation actions on the Platform acknowledges and agrees that they have read and accept the terms of Platform use in Customer status described in this Agreement;
  • By relevant Confirmation actions on the Platform, the Customer confirms that they have read and undertake to comply with the Platform Privacy Policy available at: https://tempi.ru/privacy-policy.
  • By relevant Confirmation actions on the Platform, the Customer confirms that they accept the Personal Data Provision Agreement available at: https://tempi.ru/personal-data.

4.3. By accepting the Offer Agreement of the Platform Operator, the Customer gains the ability to perform all User actions in Customer status defined by this Agreement.

4.4. After verification, the Customer independently bears responsibility for access by any direct User and for security and confidentiality of their account data.

4.5. Verification in Contractor status:

4.5.1. Any Unverified user may complete the verification procedure on the Platform to obtain Contractor status in the following order:

  • An Unverified user who is a representative of a legal entity and performs direct actions during verification provides electronically the following data (by filling relevant fields): a) organization details according to the fields, b) organization bank account details.
  • The Unverified user acknowledges and agrees that to receive payment for services through the Platform, the account specified during verification or another specified account belonging to the declared legal entity will be used;
  • During verification, the Unverified user by relevant Confirmation actions on the Platform acknowledges and agrees that they have read and accept the terms of Platform use in Contractor status described in this Agreement;
  • By relevant Confirmation actions on the Platform, the Contractor confirms that they have read and undertake to comply with the Platform Privacy Policy available at: https://tempi.ru/privacy-policy.
  • By relevant Confirmation actions on the Platform, the Contractor confirms that they accept the Personal Data Provision Agreement available at: https://tempi.ru/personal-data.

4.5.1.2. Verification in Customer status by an individual entrepreneur:

  • An Unverified user who is an individual entrepreneur, or a representative of an individual entrepreneur, performing direct actions during verification provides electronically the following data (by filling relevant fields): a) individual entrepreneur details according to the fields, b) individual entrepreneur bank account details, c) if verification is performed by a representative of the individual entrepreneur: a scanned copy of a power of attorney from the individual entrepreneur for registration and verification as a Contractor on the Platform.
  • The Unverified user acknowledges and agrees that to receive payment for services through the Platform, the account specified during verification or another specified account belonging to the declared individual entrepreneur will be used;
  • During verification, the Unverified user by relevant Confirmation actions on the Platform acknowledges and agrees that they have read and accept the terms of Platform use in Contractor status described in this Agreement;
  • During verification, by relevant Confirmation actions on the Platform, the Contractor confirms that they have read and undertake to comply with the Platform Privacy Policy available at: https://tempi.ru/privacy-policy.
  • By relevant Confirmation actions on the Platform, the Contractor confirms that they accept the Personal Data Provision Agreement available at: https://tempi.ru/personal-data.

4.5.1.3. Verification in Contractor status by a Self-Employed person:

  • An Unverified user who is Self-Employed, or a representative of a Self-Employed person, performing direct actions during verification provides electronically the following data (by filling relevant fields): a) individual passport data (full name; passport number and series, registration address), b) individual's tax number, c) individual's bank account details, d) if verification is performed through a representative of the Self-Employed person: a scanned copy of a power of attorney from the Self-Employed person for registration and verification as a Contractor on the Platform.
  • The Unverified user acknowledges and agrees that to receive payment for services through the Platform, the account specified during verification or another specified account belonging to the declared Self-Employed person will be used;
  • During verification, the Unverified user by relevant Confirmation actions on the Platform acknowledges and agrees that they have read and accept the terms of Platform use in Contractor status described in this Agreement;
  • During verification, by relevant Confirmation actions on the Platform, the Contractor confirms that they have read and undertake to comply with the Platform Privacy Policy available at: https://tempi.ru/privacy-policy.
  • By relevant Confirmation actions on the Platform, the Contractor confirms that they accept the Personal Data Provision Agreement available at: https://tempi.ru/personal-data.

4.5.1.4. Verification in Contractor status by an individual acting in their own interests:

  • An Unverified user who is an individual acting in their own interests, or a representative of such individual, performing direct actions during verification provides electronically the following data (by filling relevant fields): a) individual passport data (full name; passport number and series, registration address), b) individual's bank account details, c) if verification is performed by a representative: a scanned copy of a power of attorney from the individual acting in their own interests for registration and verification as a Customer on the Platform.
  • The Unverified user acknowledges and agrees that to receive payment for services through the Platform, the account specified during verification or another specified account belonging to the declared individual will be used;
  • During verification, the Unverified user by relevant Confirmation actions on the Platform acknowledges and agrees that they have read and accept the terms of Platform use in Contractor status described in this Agreement;
  • During verification, by relevant Confirmation actions on the Platform, the Contractor confirms that they have read and undertake to comply with the Platform Privacy Policy available at: https://tempi.ru/privacy-policy.
  • By relevant Confirmation actions on the Platform, the Contractor confirms that they accept the Personal Data Provision Agreement available at: https://tempi.ru/personal-data.

4.5.2. In response to the submitted information, the Platform Operator checks the provided data for sufficiency and correctness. If no signs of incorrectness are found in submitted documents, the Unverified user gets the ability to perform all User actions in Contractor status as defined by this Agreement.

4.5.3. After verification, the Contractor independently bears responsibility for access to their account by any direct User.

4.6. In response to submitted information, the Platform Operator checks provided data for sufficiency and correctness. If no signs of incorrectness are found in submitted data and documents, the Unverified user gets the ability to perform all User actions in Contractor status defined by this Agreement.

4.7. After verification, the Contractor independently bears responsibility for access by any direct User and for security and confidentiality of their account data.

4.8. If there is information that does not allow unambiguous interpretation of correctness and/or technical inability to read information from documents submitted for verification, the Platform Operator may request the Unverified user to resubmit relevant documents with additional requirements for content, file format, etc.

4.9. Customers and Contractors acknowledge and agree that confirmation of all legally significant actions on the Platform is carried out using phone numbers and email addresses specified during User verification.

4.10. Customers and Contractors acknowledge and agree that exchange of legal documents via Platform-verified email addresses is legally significant and sufficient for legal interaction between Customer and Contractor. They also confirm that email addresses and phone numbers declared in the Platform account are current and represent the Customer and/or Contractor in electronic document exchange.

V. PROCEDURE FOR LEGALLY SIGNIFICANT ACTIONS BY PARTICIPANTS WHEN USING THE PLATFORM

5.1. Customer preliminary request:

5.1.1. To receive an up-to-date list of available Contractors, the Customer may publish a preliminary request, which is not grounds for concluding a contract between the Contractor and the Customer; the Contractor is informed of this by the request name.

5.1.2. This Request may switch to active status if the requirements of clause 5.2 or 5.3 of this Section are met.

5.2. Customer public offer:

5.2.1. To place a Public Offer, the Customer creates a Request and formulates/fills in the technical assignment for required works/services. These requirements then become the content of Appendix No. 1 “Technical Assignment for Works/Services” (hereinafter, “Appendix No. 1”) to the standard Offer Contract for services/works.

5.2.2. In addition to the technical assignment, the Customer may set requirements for potential Contractors. If present, these become Appendix No. 2 “Contractor Requirements” (hereinafter, “Appendix No. 2”), including, without limitation, contractor location, required confirmed qualification, permits, licenses, etc.

5.2.3. Contract with cash or other payment form: settlements under such Contracts are performed by the parties independently in cash or other agreed form without participation of the Platform Operator.

5.2.4. Contract with non-cash payment form: to publish this Request for open contractor access, the Customer transfers to the Platform Operator's nominal account (under Section 7) funds in the amount of the contract price plus the Platform Operator's escrow-agent remuneration. Settlements between Customer and Contractor are made under an escrow agreement under Section 7.

5.2.5. Publishing a prepared Request with the “Public Offer” marker means the Customer makes a public offer via the Platform in accordance with Article 437 of the Civil Code of the Russian Federation. Legally, the public offer is represented as a standard Offer Contract addressed to an unlimited circle of Platform Contractors who meet Customer requirements if Appendix No. 2 exists.

5.2.6. Acceptance of this Public Offer by the Contractor is performed by completing Confirming Actions on the Platform. Upon acceptance, a corresponding Offer Contract is generated and sent to the Customer's and Contractor's email addresses. From that moment, the Contract is considered concluded.

5.3. Customer offer:

5.3.1. The Customer Offer means posting a Request with an offer to a specific Contractor or a list of Contractors.

5.3.2. For a Customer Offer, the procedure of clause 5.2 applies, except clause 5.2.5; i.e., in a Customer Offer only Contractors directly specified in the Offer may accept the Request.

5.4. If Appendix No. 2 is present, the Customer may withdraw the offer upon discovering that the Contractor does not meet the requirements specified in Appendix No. 2. Upon withdrawal, the Contract is considered terminated at the Customer's initiative.

5.5. By agreement between Customer and Contractor, during Contract performance changes may be made to Appendix No. 1, including termination terms. Changes are made by the Customer in the Request card and must be accepted by the Contractor through Confirming Actions on the Platform. Such changes are treated as a supplementary agreement to the Contract and sent to both parties' email addresses.

5.6. In case of early termination of a non-cash Contract (clause 5.2.4) by agreement of Customer and Contractor, the Customer receives back the funds credited to the Platform Operator's nominal account to secure Request performance.

5.7. Contractor performance under the concluded Contract is recorded by Confirming Actions on the Platform. By performing such actions, the Contractor confirms that the Work Completion Certificate / Service Certificate (the “Certificate”) was sent to the Customer's email. In addition, a self-employed Contractor independently sends the Customer the legally required receipt for completed work/services.

5.8. The Customer reviews Contract results within 5 (Five) business days from the moment the Contractor confirms Request completion as described in clause 5.7. The Customer may confirm completion on the Platform. If no confirmation is received from the Customer within 5 (Five) business days, works/services are deemed duly completed on time unless otherwise provided by additional Contract requirements.

5.9. For a non-cash Contract, confirmation of Request completion under the supplementary agreement between the Customer and Platform Operator serves as grounds for transferring the secured funds to the Contractor's bank account details specified in the Contractor account.

5.10. Special legal interactions in contractual relations between Customer and Contractor:

5.10.1. If the Customer is an individual acting in their own interests, the Contractor (except an individual contractor acting without forming a legal entity under a civil-law contract) must comply with consumer protection legislation of the Russian Federation.

For these reasons, Contract terms that differ from consumer protection legislation of the Russian Federation do not apply; the corresponding legal rules apply instead, including penalty calculation rules, etc.

In addition, the Contractor must provide the Customer with a receipt for completed work / provided services.

5.10.2. If the Contractor is an individual acting without forming a legal entity under a civil-law contract, and the Customer is a legal entity or sole proprietor, the Customer must, under Russian tax law, withhold personal income tax from the Contract value and transfer it to the relevant tax authorities.

VI. LIABILITY, REPRESENTATIONS AND WARRANTIES OF THE PARTIES, DISCLAIMER OF WARRANTIES WHEN USING THE PLATFORM

6.1. Liability for the accuracy of information provided by Platform participants:

6.1.1. User liability:

6.1.1.1. A Verified and Unverified user bears full responsibility for the accuracy of the provided email address through which interaction with the Platform is carried out.

6.1.1.2. A Verified and Unverified user independently bears responsibility for security and confidentiality of the login and password used to access the Platform.

6.1.1.3. All actions performed on the Platform using the User's login and password are deemed to be performed by the User.

6.1.1.4. The User undertakes to respect the rights and legitimate interests of the Platform right holder when using it.

6.2. The Customer and the Contractor bear full responsibility for the accuracy of information provided for verification and information about themselves.

6.3. The Customer bears full responsibility for the accuracy of information in the created Request, including scope of work/services and contract price.

6.4. The Contractor bears full responsibility for confirmation actions when fulfilling the Request.

6.5. In case of adding videos, photos and other materials (hereinafter, “Content”), the Customer and/or Contractor warrants that they hold all rights to the Content and its fragments sufficient for use by the Platform Operator or a third party in accordance with this Agreement and related documents, and that such use does not violate applicable law of the Russian Federation or rights of third parties, does not create payment obligations to third parties, and that required permissions for such use have been obtained from authors without indicating their names (pseudonyms).

The Customer and/or Contractor undertakes not to use and/or to stop using Content that violates any rights of another User, the Platform Operator, and/or third parties (including but not limited to copyright, related rights, patent rights, privacy rights, honor and dignity protection, image rights, etc.) and applicable law of the Russian Federation.

The Customer and/or Contractor undertakes not to include in Content any data, information and/or materials that violate rights of other Users, the Platform Operator, and/or third parties, or applicable law of the Russian Federation, or that contain malicious and/or spyware code.

The Platform Operator does not control Content posted by the User under their account and bears no responsibility for it (including quality and substance), including third-party claims related to such Content and compliance with applicable law. The Customer and/or Contractor bears full responsibility for used Content, compliance with law, and infringement of third-party rights, compensates the Platform Operator's losses from such violations, and undertakes to independently settle third-party claims at their own expense.

The Platform Operator does not and cannot know whether the Customer and/or Contractor has rights to use third-party intellectual property that may be contained in the Content, since such data is not provided and must not be provided for Platform use. The Platform Operator relies solely on warranties and representations set out in this Agreement.

6.6. If direct and/or indirect losses arise for other Platform Users due to inaccurate information provided by a User, the User must compensate losses to the affected party under applicable civil law of the Russian Federation, including penalties and compensation for moral damage.

6.7. Liability for lawfulness of actions by Platform participants:

6.7.1. A Platform User warrants that they are legally capable and entitled to perform all actions available on the Platform for the verification status they have obtained.

6.7.2. The Customer warrants and bears full responsibility for having the necessary rights to receive requested work/service results, including special permits and approvals where required.

6.7.3. The Contractor warrants and bears full responsibility for having necessary rights to perform actions under the Contract, including permits, approvals, qualification, certification, licenses, etc.

6.7.4. If direct and/or indirect losses arise for Contract parties or the Platform Operator due to absence of required rights to perform actions under the concluded Contract, the liable party must compensate losses under civil legislation, including penalties and compensation for moral damage.

2.5. Platform Users are prohibited from posting and/or distributing information and materials that are unlawful, violate third-party rights (including intellectual property rights), are misleading, contain obscene language, offend morality, depict or promote violence/cruelty, promote hatred/discrimination, contain insults, include or promote pornography/child erotica, promote non-traditional sexual relations or preferences, pedophilia, gender change, advertise sexual services, contain knowingly false information, explain production/use of narcotics, explosives, weapons, or otherwise violate applicable law of the Russian Federation.

If this clause is violated, the Platform Operator has the right to immediately block the User account unilaterally, including without a subsequent right to restore account access.

6.9. Liability for quality of provided materials and actions performed by Platform participants:

6.9.1. If the Customer provides any materials for Contract performance, including technical assignments, the Customer warrants that such materials are of proper quality and suitable for actions under the Contract.

6.9.2. The Contractor warrants and bears responsibility for proper Contract performance, including performance reports.

6.9.3. Each party represents and warrants to the other that it has all necessary rights and authority to conclude and perform this Agreement.

6.9.4. The parties hereby confirm that they waive any other warranties and representations (both express and implied) not provided by this section of the Agreement.

6.9.5. If direct and/or indirect losses arise for Contract parties or the Platform Operator due to low-quality materials and/or actions under the concluded Contract, the liable party must compensate losses to the affected party under applicable civil law of the Russian Federation, including penalties and compensation for moral damage.

6.10. Platform usage security:

6.10.1. The User is solely responsible for security and proper use/storage of login, password, email address, phone number and other information available during Platform use. The User must take all necessary actions to prevent access by third parties and information systems.

6.10.2. If due to the User's fault and negligent secure use of credentials, unlawful actions are performed via the account against other Platform participants and/or the Platform Operator, or against Platform operability (including DDoS attacks and other destructive methods), the User must compensate resulting losses to the affected party.

4 6.10.3. The User undertakes to immediately inform the Contractor about all known cases of unlawful use of the Platform and Platform materials by third parties.

6.10.4. The User undertakes not to perform actions that may affect operation of software and hardware components supporting the Platform, or may lead to incorrect Platform operation as a whole.

6.10.5. The User undertakes not to transfer the right of access to the Platform to third parties by any means.

6.10.6. The User is prohibited from:

6.10.6.1 Using the Platform not for its intended functional purpose and/or bypassing technical restrictions set on the Platform (if applicable).

6.10.6.2 Performing actions aimed at disrupting Platform operation/functionality, or actions that may cause disruption or failure of the Platform.

6.10.6.3 Attempting unauthorized access to Platform management and restricted sections (sections accessible only to the Platform Operator, if applicable).

6.10.6.4 Violating any lawful rights of the Platform Operator, other Platform participants and third parties through use of the Platform.

6.10.6.5 Gaining unauthorized access to accounts of other Platform participants by password guessing, theft of login/password, or otherwise, as well as attempting such access.

6.10.6.6 Acting under own login and password, impersonating another person (another User).

6.10.6.7 Transferring own login and password to third parties.

6.11. Platform Operator liability:

6.11.1. The Platform Operator warrants and is responsible for Platform operability and all functions during interaction with it.

6.11.2. If contacted regarding incorrect operation or lack of operability of a specific function, the Platform Operator is responsible for resolving such technical issues.

6.11.3. To resolve technical issues, the Platform Operator is available to Users via the following communication channel(s): support@tempi.ru, Telegram: @bottempi.

6.11.4 The Platform Operator has the right to:

6.11.4 At any time, without notice and without explanation, suspend use of the Platform, including restricting access to the Platform or its functionality from certain IP addresses, without compensating any costs or losses to a Platform participant, in particular in case of violation by the User of this Agreement (including a single violation) or applicable law of the Russian Federation.

6.11.4 At any time, change the design, content and functionality of the Platform; modify or supplement scripts, software and other objects used, stored and/or placed in the Platform, with or without notifying Platform participants.

6.11.4 Remove or block, without warning, any User Content, including Content that violates or may violate applicable law of the Russian Federation, this Agreement and related documents, rights of third parties and other Platform participants and/or the Platform Operator.

6.11.4 Request from the User information and materials necessary to ensure operation and improve Platform functionality.

6.11.4 During the term of this Agreement, subject to prior written approval by the User via email, use the User's name and logo in press releases, marketing and other materials, including materials published on the website, to communicate that the User uses the Platform.

6.11.4 At its discretion, terminate or suspend User access to the Platform in the following cases:

  • non-compliance by the User with this Agreement, breach of warranties and representations provided by the User;
  • receipt of a relevant instruction from an authorized state body, a court act, or a law-enforcement act that has entered into legal force and imposes such obligations on the Platform Operator;
  • if the Platform Operator receives from a third party a claim, complaint, demand, or other statement indicating that Content used by the User has led to violation of third-party rights or applicable law of the Russian Federation;
  • use of the Platform may entail liability of the Platform Operator or adversely affect its operations (for example, reputational damage, security issues, adverse financial consequences, without limitation);
  • in other cases at the Contractor's discretion and/or as provided by this Agreement.

6.12. Disclaimer of warranties:

6.12.1. The Platform is provided on an as is basis, and the Platform Operator does not provide and hereby disclaims any representations and warranties regarding the Platform, including, without limitation, fitness for a particular purpose or activity, achievement of desired results, suitability for intended use, and error-free or uninterrupted operation of the Platform or its individual functions. The User bears the risk that the Platform may not meet expectations, needs, goals and objectives, including but not limited to business plans, KPI and other efficiency metrics. The Platform Operator is not liable for failures and delays in Platform operation, possible consequences of such failures and delays, or any losses arising from use or inability to use the Platform (including lost profit, business interruption, loss of business information), regardless of causes.

6.12.2. The Platform Operator may limit Platform functionality depending on current load of capacities and information resources.

6.12.3. The Platform Operator may perform technical works (planned and unplanned) to improve the Platform or fix defects. The Platform Operator may pre-inform the User of planned technical works if they affect availability and/or operability of the Platform.

6.13. The Platform Operator is not liable and does not compensate any losses, including lost profit, moral or other damage, caused to the User or third parties as a result of using the Platform or in connection with Platform functioning (even if the Platform Operator knew or should have known about possibility of such losses).

6.14. In accordance with Article 406.1 of the Civil Code of the Russian Federation, the User undertakes, upon written request of the Platform Operator, to compensate property losses incurred or inevitably to be incurred by the Platform Operator in the future in connection with one or more of the following circumstances:

6.14.1. Claims and/or demands brought against the Platform Operator by third parties related to use of Content.

6.14.2. Bringing the Platform Operator and its officers to liability if such liability arose due to the User's non-compliance with requirements of applicable law of the Russian Federation, this Agreement and related documentation. The amount of recoverable losses is recognized as equal to the amount of fines and other payments to third parties that the Platform Operator becomes obliged to make based on a court decision, international commercial arbitration or arbitral tribunal decision (including approved settlement), or decision of a state authority. The User undertakes to compensate property losses within 10 (Ten) business days from the date of the Platform Operator's written request containing documentary confirmation of recoverable losses.

6.15. Upon receiving a right holder's statement about violation of intellectual rights by the User, the Platform Operator may, at its discretion and within reasonable time, terminate Platform provision and block access to timely stop the violation, without compensation of any losses to the User.

6.16. Under no circumstances is the Platform Operator liable for inability to use the Platform due to one or more of the following reasons:

6.16.1. Any failures in the Internet network, its parts and/or segments;

6.16.2. Actions/inaction of telecom network operators (providers);

6.16.3. Failures in hardware and/or computer software used by the User to access the Platform;

6.16.4. Failures in hardware and/or computer software used by the Platform Operator to ensure Platform operation.

VII. FINANCIAL RELATIONS WHEN USING THE PLATFORM

7.1. Settlements under Contracts executed through the Platform may, at the parties' choice, be made in cash form or in non-cash form using the Platform.

7.2. Settlements under Contracts in cash form are made by the parties independently without participation of the Platform Operator in accordance with concluded contracts.

7.3. Settlements under Contracts in non-cash form using the Platform are carried out via conditional deposit by concluding an escrow offer agreement between the Customer (depositor), the Contractor (beneficiary), and the Platform Operator (escrow agent) (hereinafter, the “Escrow Offer Agreement”), in accordance with Articles 926.1-926.7 of the Civil Code of the Russian Federation, through the Platform Operator's nominal account opened and used by the Platform Operator under Articles 860.1-860.5 of the Civil Code of the Russian Federation.

7.4. For non-cash settlements within this Platform, the following monetary operations are performed using the Platform Operator's nominal account:

7.4.1. Under the Escrow Offer Agreement between the Platform Operator, the Customer and the Contractor, the Customer transfers funds for the Request posted on the Platform for subsequent payment transfer to the Request Contractor. Under Article 860.1 of the Civil Code of the Russian Federation, ownership of funds remains with the Customer, while disposal rights upon the Customer's instruction belong to the Platform Operator. This amount is treated as a guarantee of the Customer's obligations.

In addition to the Contract price between the Customer and the Contractor, this amount includes the Platform Operator's remuneration as escrow agent in the amount determined by the Escrow Offer Agreement.

7.5. The Platform Operator transfers the Customer's funds under Contracts performed in accordance with Platform rules to Contractors using the bank details provided by the Contractors themselves.

After these transfers are executed, ownership of funds passes to the Contractor, and the Customer is deemed to have fulfilled payment obligations under the Contract between the Customer and the Contractor concluded through use of the Platform.

7.6. When performing a monetary operation under clause 7.3 of this Section, the Platform Operator, as escrow agent, collects remuneration under the Escrow Offer Agreement by transferring the remuneration amount to the Platform Operator's account.

VIII. FORCE MAJEURE

8.1. The parties are released from liability for full or partial non-performance under this Agreement if such non-performance is caused by force majeure circumstances.

8.2. Force majeure includes: fire, flood, earthquake and other natural disasters, wars, military actions, mass riots, accidents and other major man-made incidents, including those leading to Platform inoperability. In case of force majeure, the parties settle based on obligations actually performed by the time force majeure occurred.

8.3. A party affected by force majeure must immediately notify the other party by email, describing such circumstances, but no later than 3 (Three) calendar days after they occur. Late notification deprives that party of the right to invoke force majeure later.

8.4. A document issued by a competent state authority or organization is sufficient confirmation of the existence and duration of force majeure.

8.5. Service provision periods are automatically extended for the duration of force majeure and elimination of its consequences.

8.6. If any force majeure lasts more than 1 (One) month, the Parties must negotiate to decide whether to extend performance deadlines under this Agreement or terminate this Agreement.

8.7. The Platform Operator is released from liability for partial or full non-performance under this Agreement if such non-performance is caused by excluding circumstances, including failures in telecom/energy networks; malware causing Internet stoppage or suspension generally or in affected segments; unlawful third-party actions aimed at unauthorized access and/or disabling the Operator's software/hardware and/or information platform; prohibitive acts of state authorities; and other similar circumstances beyond the Operator's reasonable control.

IX. DISPUTE RESOLUTION PROCEDURE

9.1. This Agreement and related documents are governed by and interpreted in accordance with applicable law of the Russian Federation.

9.2. For disputes related to breach of obligations under this Agreement or otherwise arising from it, a mandatory pre-trial (claim) procedure applies. Before going to court, the affected party must send a written claim stating its demands and attach documents confirming violations and supporting arguments.

9.3. The claim review period is 10 (Ten) business days from delivery to the recipient party.

9.4. A claim may be sent by one of the following methods:

  • registered letter with enclosures inventory to the party's location address;
  • personal delivery to the party or its representative (including an employee at the party's location address) against signature. The claim may additionally be sent to the party's email address.

9.5. If within the period specified in clause 9.3 the claim is not fully satisfied, the affected party may file a lawsuit.

9.6. Court jurisdiction is determined by the parties in accordance with applicable law of the Russian Federation.

9.7. Dispute resolution between Customer and Contractor.

9.7.1. In case of disagreements when performing concluded Contracts, Customer and Contractor may change Contract terms by mutual agreement and conclude a supplementary agreement reflecting those changes.

9.7.2. If the parties cannot find a solution through negotiations, they may submit the dispute to court under general rules for works/services contracts.

9.7.3. In court proceedings, the parties may use the content of concluded Contracts sent to their verified email addresses.

9.7.4. The parties may also use information about legally significant actions under Contracts performed through the Platform, available in their personal Platform accounts.

X. FINAL PROVISIONS

10.1. This Agreement becomes effective from the start of Platform use for any purpose by any method described in this Agreement.

10.2. When starting to use the Platform, the Unverified and Verified user gives explicit consent to receive various notifications and mailings by email and/or phone number from the Platform Operator required for normal Platform functioning and for notifying about legally significant actions and events during Request execution.

10.3. The Platform Operator may at any time clarify or change terms of this Agreement by updating the document version on the Internet at: https://tempi.ru/terms-of-service. The Platform Operator notifies Platform Users of all content changes to this Agreement via verified email addresses.

10.4. This Agreement and/or related documents referenced in this Agreement may be changed by the Platform Operator under clause 10.3. The new version enters into force from publication on the Internet at the addresses specified in this Agreement. The User agrees that any use of Platform functionality confirms full acceptance of this Agreement and/or related documentation in the version effective at the time of actual Platform use.

10.5. The risk of not reviewing a new version of the Agreement and/or related documentation is borne by the User. Continued use of Platform functionality after publication of a new version is considered acceptance of that new version and cannot serve as grounds for non-performance of User obligations or non-compliance with restrictions set by this Agreement.

10.6. If the Platform Operator makes any clarifications or changes to this Agreement and/or related documentation under clause 10.3 with which the User disagrees, the User must immediately stop using the Platform.

10.7. This Agreement terminates if the Platform Operator decides to terminate it unilaterally out of court with immediate termination of Platform access and without compensation of any costs or losses. In particular, the Platform Operator may decide on economic impracticability of continuing Platform operation, potential risks of third-party intellectual property infringement, or other circumstances. The Platform Operator may also unilaterally terminate this Agreement without compensating any User losses or costs in case of any violation of this Agreement by the User.

10.8. If this Agreement is terminated on any grounds, User access to the Platform may be terminated.

10.9. Invalidity of one or more provisions of this Agreement recognized by a final court decision does not entail invalidity of other provisions. If one or more provisions are recognized invalid, the parties undertake to perform their obligations in a manner as close as possible to what the parties intended when concluding and/or amending this Agreement.

10.10. The User may not transfer rights and obligations under this Agreement to third parties without written consent of the Platform Operator. The Platform Operator may transfer its rights and obligations under this Agreement without User consent.

10.11. The parties recognize as official written correspondence signed by authorized representatives. Messages sent to the User's registration email are unconditionally recognized as proper written evidence in electronic correspondence and may be used as evidence in court. The parties also recognize that correspondence sent from registration emails is deemed sent by an authorized person able to express the party's intent and will. Therefore, such electronic correspondence is equivalent to signed documents and has legal force.

10.12. In all matters not regulated by this Agreement and related documents, the parties are guided by applicable law of the Russian Federation.

10.13. Documents constituting an integral part of this Agreement:

4. Current effective version date of the Agreement: 10.06.2025.

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