User Agreement for Session Design Kit Service by IMPER Group 28 August 2019 1. General. 1.1. IMPER Group (the "IMPER Group") offers the Internet user (the "User") to use the Session Design Kit service (the "Service") owned by IMPER Group and available at http://sessiondesign.ru under terms and conditions specified in this User Agreement (the "Agreement", "UA"). The Agreement enters into force from the moment the User expresses consent to its terms and conditions in the manner prescribed by paragraph 1.4 of the Agreement. 1.2. IMPER Group provides Users with access to the Session Design Kit Service, which includes the website sessiondesign.ru, its mobile version and an online service for designing sessions, posting all kinds of information and materials (content), personalizing content, exchanging it with other Users or non-Users, joint work with other Users and Databases, i.e. Methods and Designs and others. The Agreement covers all information and services provided by the Service. 1.3. The use of the Session Design Kit Service is governed by this Agreement and the following documents, which are an integral part hereof: Personal Data Policy (https://sessiondesign.ru/ru/konfidenczialnost.html), Cookie Policy. IMPER Group may amend the Agreement without any special notice, the new version of the Agreement shall enter into force from the moment it is posted on the Internet at the address indicated in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the UA is always available at https://sessiondesign.ru/ru/polzovatelskoe-soglashenie.html 1.4. By having started using the Service or its individual functions, or having completed the registration procedure, the User accepts the terms and conditions of the Agreement in its entirety, without any reservations or exceptions. If the User disagrees with any part of the Agreement, the User is not entitled to use the IMPER Group service. If IMPER Group makes any changes to the Agreement in the manner prescribed by paragraph 1.3 of the Agreement, with which the User does not agree, the User shall stop using the Service. 1.5. By accepting our User Agreement, you enter into a binding agreement with IMPER Group for the period of subscription to our Service. If you sign this agreement on behalf of an organization, you declare that you have the right, authority and ability to bind the organization with this Agreement. In any case, references in this UA to “you” or “your” mean you or your organization (as the case may be). 1.6. By using the Service, the User agrees to receive advertising and informational messages. The User is entitled to refuse to receive advertising messages by using the appropriate features of the Service or by following the instructions given in the received message. The User gives their consent to IMPER Group to notify other Users of the Service about the public activities of the User, including new publications by the User, activities related to the content of other Users, and other public or corporate activities performed by the User under the Service. 2. Definitions Service means the functionality of the Session Design Kit. You can get access to the Service using our website http://sessiondesign.ru and any of its subdomains. It allows you to create and share session designs and plans, use Methods and Designs libraries, arrange session content, collaborate and browse and design sessions in the Design or Table format. User Content means any materials such as session designs and programmes, various blocks of libraries (Methods, Designs), exercises, links, images, files, comments or any other content that the User enters or uploads to the Session Design Kit. Content of the Service means all objects accessible through the Service including design elements, text, images, illustrations, videos, software, Methods, Designs and other databases, sounds and other objects, as well as the Content downloaded by IMPER Group. Session Design and Programme. Design means visual representation of an upcoming event using image cards. Programme means a presentation of the upcoming event flow in the table format. Subscription Plan (Plan) means a set of features IMPER Group agrees to make available to the User. Each Subscription Plan has its own name, and different prices may be charged for different Subscription Plans. More information about features and prices per Plan is available at https://sessiondesign.ru/ru/tarifyi.html or https://view.sessiondesign.ru/user/tariff) Subscription. For a paid Subscription Plan, payment may be made under various subscription plans, i.e. monthly or annual. Service Administrators means the IMPER Group staff in charge of the Service operation. 3. User Registration User Account 3.1. To use the Service, the User shall register, and a unique User account and a user profile will be created. 3.2. To register, the User shall provide accurate and complete information while filling in the registration form (first name, last name, valid email address, phone number and any other information requested during registration) and keep this information up to date. If the User provides incorrect information or IMPER Group has reason to believe that the information provided by the User is incomplete or false, IMPER Group shall be entitled, at its own discretion, to disable or delete the User account and decline to provide the Service (or its individual features) to the User. When registering, the User may upload an image for the account (avatar). The User account avatar will accompany the materials published by the User while using the Service. If the User’s image is used as the avatar, the User understands and agrees that IMPER Group is entitled to publish and further use the User’s image in the Service, advertising products and corporate blogs. The User is warned and agrees that their login (account name) and the data stated in the First Name, Last Name, Email fields during registration (use) of such a login, as well as the image from their profile page (avatar) and the email address can be displayed and available to third parties, including the Service log, if the User gives and receives shared access to the data, while the User leaves comments on the page with data for which shared access rights were granted, as well as when the User sends invitations and when the User accepts invitations from the third parties. If the User has logged in the Service using their social media account, then, after the registration of the User, the User Account will have the image from the social media account along with the last and first names specified in the social media account and the link to the social media account of the User, if applicable. 3.3. The User’s personal data defined in the Personal Data Policy and stated in the User account is stored and processed by IMPER Group under the Personal Data Policy (https://sessiondesign.ru/ru/konfidenczialnost.html). 3.9. User account access tools. 3.4.1. When registering, the User decides what login and password to use to access the account. IMPER Group is entitled to prohibit the use of certain logins, as well as establish requirements for a login and password (length, valid characters, etc.). 3.4.2. The User may use their social media account to authorize. 3.5. The User shall be solely responsible for the security of the selected tools to access the account and profile and shall also ensure their confidentiality. The User shall be solely responsible for the posted User Content and for all activities (as well as their implications) performed during the use of or with the use of the Service accessed with the User account, including cases of voluntary sharing by the User of data for access to the User account to the third parties on any conditions. Moreover, all actions performed during the use of or with the use of the Service via the User account are deemed to have been performed by the User except for the cases when the User, in the manner prescribed by clause 3.6., notified IMPER Group about an unauthorized access to the Service via the User account and/or about any breach (suspected breach) of the confidentiality of their account access tools. 3.6. The User shall immediately notify IMPER Group of any unauthorized (not authorized by the User) access to the Service via the User account and/or any breach (suspected breach) of the confidentiality of their account access tools. For security purposes, the User shall safely finish operations via the User account (use the Exit button) at the end of each session within the Service. IMPER Group shall not be responsible for any potential loss or damage of data, as well as any other implications of any nature that may occur due the User's failure to comply with the provisions of this part of the Agreement. 3.7. One individual or legal entity may not have more than one free account. 3.8. Using of the account by the User. 3.8.1. The User shall not be entitled to reproduce, duplicate and copy, sell and resell, as well as use for any commercial purposes any parts of the Service (including the content of the Service accessible to the User through the Service), or the access to them, except when the User has received such permission from IMPER Group or when expressly provided for by the User Agreement of the Service. 3.8.2. Some types of User accounts may restrict or prohibit the use of certain individual functions of the Service if it is defined during registration or in the conditions of use of the subscription plan. 3.9. Registration cancellation. IMPER Group shall be entitled to disable or delete the User account, as well as to prohibit access to the Service via any account, and to remove any content without explanation including in case the User fails to comply with the Agreement or any other documents provided for by paragraph 1.3. of the Agreement, as well as in case of non-use of the Service, namely: 3.9.1. The profile and User account on the Session Design Kit Service will be deleted if the User has not used it for more than 24 months. 3.10. Delete User account 3.10.1. The User shall be entitled to delete their account and profile from the Service at any time by sending a message to mail@sessiondesign.ru address. As a result of deleting the User account and profile, all personal data, session designs and plans and all private User Content will be deleted. The exception is the publicly available User Content shared on the publicly accessible part of the Service, which remains available after the account has been deleted. It should be remembered that the Content cannot be deleted instantly from our servers. Residual copies may be stored for backup purposes, but we try not to store them for more than 30 days after the User account has been deleted. 4. User Content 4.1. The User shall be solely responsible for the compliance of the materials of the content posted by the User with the law, including third party liability, in cases when the content published by the User or the materials of the content violate the rights and interests of third parties including personal non-property rights of authors, other third-party intellectual property rights, and/or infringes on intangible benefits. 4.2. The User acknowledges and agrees that IMPER Group is not obligated to review any kind of content posted and/or distributed by the User through the Service, as well as the fact that the Service is entitled to, but not obliged, to refuse to publish and/or distribute the content by the User or to remove any content accessible via the Service. The User understands and agrees that they shall independently assess all the risks associated with the use of the content, including an assessment of its reliability, completeness or usefulness. 4.3 The Service provides the User with the opportunity to share their Content with others, distribute their Content by providing general access to the Session (providing access to the Session to several certain users of the Service), or by providing public access to the Session (providing access to the file with the Session design to any Internet users who have the link to the Session), or by making it publicly available within the Service. 4.4. By default, the User content that the User creates or uploads to the Service shall be the Private User Content and shall be available only to the User and other Users, with whom they decide to share the content; and shall not be publicly available. By sharing the Content, the User grants to everyone, with whom they have shared the Content, permission to use, store, reproduce, edit, create derivative works, transfer, publicly perform and display, distribute and transmit their Private User Content. This permission ceases when the User deletes the Content and the User or IMPER Group deletes the User account except for the cases when the Content has been provided to other parties and these users have copied the Content partially or in full. 4.5. As for the Private User Content, having agreed to use the Service, the User grants IMPER Group (and its successors and third-party service providers) the right to use, make available, store, reproduce, modify, create derivative works, publish, publicly perform and publicly display, distribute and transfer the Content. This right ceases when the User deletes their Private User Content, or the User or IMPER Group deletes the User account except for the cases when the Private User Content has been provided to other parties and these users have copied the Content partially or in full. 4.6. The User may create or upload the Content as the publicly available User Content, which will be available to any User of the Service and to anyone who has access to the Internet. It is IMPER Group who decides, without any explanation, if to publish or not to publish such User Content in the publicly accessible part of the Service. The public content may be accessed by other users of the Session Design Kit. It will be available in the searchable database of the Service and will be available for viewing on the Internet. Accordingly, by agreeing to publish its content in the publicly accessible part of the Service, the User thereby grants other Users and the public the permission to view, use, store, reproduce, create derivative works, publicly perform and display their publicly available User content. 4.7. As for the publicly available user Content, by agreeing to post their Content in the publicly accessible part of the Service, the User thereby provides IMPER Group (and its successors and third-party service providers) with an irrevocable and free right to use, post, store, duplicate, edit, modify, create derivative works, publish, publicly perform, publicly display, distribute and transfer the content in order to provide to the User and other Users of the Service; in connection with the development of the Service; in connection with the promotion and marketing of the Service, including but not limited to, allowing the third parties to search for the content, in connection with promotions by e-mail, product demonstration, etc. At the same time, the User acknowledges and agrees that, if the User of IMPER Group deletes the User account and profile, the publicly available content of the User remains available with the Service and irrevocable. It is IMPER Group and Service Administrators who decide, if the public content of the User should be deleted. 4.8. Irrespective of how the User defines the content, i.e. publicly available or private, IMPER Group does not claim ownership of the User Content and does not receive rights to the Content, except as otherwise provided herein. 4.9. The Service allows you to upload third-party Content such as images, documents or files of any format into sessions and methodology databases and plans. When uploading any Content to the Service, the User guarantees that: the User has all the rights necessary to use, duplicate, publish, publicly display; publicly distribute or otherwise use such Content in connection with the operation of the Service (and provide IMPER Group permission to use it); the Content will not infringe the copyright or other intellectual property rights of any third party; the User has the consent and permission of each identifiable person indicated in the Content to upload, transfer, publish and distribute their name and image via the Service. IMPER Group reserves the right to remove any content or information that may violate other people's copyrights or otherwise violate the law. 4.10. If you believe that your intellectual property right has been violated by any part of the Content, please inform us by email at mail@sessiondesign.ru or contact the support team via chat. In the notice, you must state the following: Identify in sufficient detail the copyrighted work where the copyright has been violated and provide copyright information about the work. Identify the material, i.e. the Content available on the Service and User Content, which, in your opinion, violates the copyright to this work. Provide information so that we can contact you (email, phone number, full name). You acknowledge and agree that upon receipt of the notice of copyright infringement, we may immediately remove identified materials from our website without any liability to you or any other party. 5. Free and paid functions of the Service 5.1. The Service standard features. The Basic (Free) subscription plan is provided free of charge. The User may use the extended features of the Service if the User subscribes to paid plans as defined by this Agreement (the “Subscription"). More details about the Plan and the Subscription fee can be found at https://sessiondesign.ru/ru/tarifyi.html or https://view.sessiondesign.ru/user/tariff 5.2. By subscribing, the User enters into an agreement with IMPER Group (the “Contract”) under the terms and conditions stipulated by this document and Article 429.4 of the Russian Civil Code (Subscriber's Contract). Under the Contract, IMPER Group shall provide the User with extended features of the Service for the Subscription Term for the corresponding Plan, and the User shall pay the fee of the Subscription. For the purposes of this Agreement, the Subscription Term shall mean the period of time (for example, a month or a year) for which the Subscription is issued and a corresponding fee is set. The Subscription Term of a month starts from the date of payment for the Subscription and expires on the corresponding day of the calendar month following the date of payment for the Subscription. The Subscription Term of a year starts from the date of payment for the Subscription and expires on the corresponding month and date of the calendar year following the date of payment for the Subscription. 5.3. Information about Subscription Plan fees, forms of payment and, the Subscription Terms and other features available for Subscription is available at https://sessiondesign.ru/ru/tarifyi.html or https://view.sessiondesign.ru/user/tariff. This information constitutes the part of this User Agreement and is governed by Article 1.3. hereof. The User understands and agrees that the list of features specified at https://sessiondesign.ru/ru/tarifyi.html or https://view.sessiondesign.ru/user/tariff may be amended, including their upgrade, and reduced. 5.4. Payment is made by the User in the form of prepayment. The Subscription shall become available to the User, with all features available and in full scope, according to the selected Subscription Plan from the moment the User is provided with access to the Service. No other moment may be interpreted as the moment of fulfilling by IMPER Group their obligations. 5.5. When subscribing, the User assigns IMPER Group to charge the Subscription Plan fee, defined by IMPER Group, every Subscription Term selected by the User when subscribing, until the User refuses to renew the Subscription for the next Subscription Term. 5.6. The User understands and agrees that the Subscription by default is unlimited and starts from the payment for the first Subscription Term. The User shall be entitled to refuse to renew the Subscription for the next Subscription Term. For these purposes go to https://view.sessiondesign.ru/user/tariff. In addition, the Subscription may be cancelled by IMPER Group in other cases or on other grounds specified in this Agreement. 5.7. Payment for the Subscription is made with the Added Card. For the purposes of this Agreement, any bank card, the details of which have been added in the Service interface, is considered as the Added Card. IMPER Group shall be entitled to bill the Subscription and withdraw the relevant amount from any Added Card. If the User refuses to pay the subscription fee for the relevant Subscription Term, it shall be treated as the User's refusal to renew the Subscription. In such a case, the User’s access to the extended features of the Service is ceased from the day following the last day of the paid Subscription Term. If the balance on the Added Card(s) is too low to renew the Subscription, IMPER Group is entitled to terminate the User’s access to the extended features of the Service from the first day of the unpaid Subscription Term or to keep the User’s access to the extended features of the Service until the monthly fee is charged from the Added Card. 5.8. By agreeing to the terms and conditions of this User Agreement, the User assigns IMPER Group to draw up payment orders, on behalf of the User, to withdraw funds from the account (of the Added Card) of the User in favor of IMPER Group for the Subscription, and also send these payment orders to the issuing bank of the User via the acquiring bank. The User gives their consent to the automatic periodic billing of the account as the Subscription fee subject to the payment order of the User issued in the manner prescribed by this clause of the Agreement. The User also acknowledges that the instructions for withdrawing funds from the account sent in accordance with this clause of the Agreement are the instructions of the User and the billing actions of the processing center and the acquiring bank subject to this clause of the User Agreement are performed with the consent of the User. Automatic withdrawal complying this clause starts subject to the following: The User enters all the necessary details of the Added Card. The service of automatic billing of the Added Card is activated as follows: automatically when the first payment has been made. The Pay button (or any other similar button) is pressed confirming the User’s consent to this User Agreement. 5.9. The User shall track the Personal Account information on the status of the Subscription, i.e. the paid Subscription Term, Subscription fee and the list of available functions. 5.10. The Service can be used only if there is access to the Internet. The User shall get and pay for such access on the terms and conditions and according to the rules of their telecom operator or Internet service provider. 5.11. As a general rule, the User is identified according to their user account data. IMPER Group is entitled to use other data for the identification purposes, including data on the payer if such identification does not entail any violation of the rights of the parties, the rights of third parties or any violation of the law. 5.12. If provided by law, when the Subscription payment is made on the Internet, the receipt is sent to the e-mail address provided during invoicing or stated in the User Profile during registration. 5.13. It is possible to pay a one-year Subscription on behalf of an organization by bank transfer. To do so, when paying, you shall select the appropriate type of account and enter all the necessary details, i.e. name, legal form, TIN, KPP, full bank details of the organization, name of the CEO and the document authorizing his/her office. When paying as a legal entity, the Subscription or renewal of the Subscription becomes available within two days after the payment is received at the IMPER Group account. The User shall be solely responsible for the exchange of closing documents with IMPER Group. 5.14. The Service allows switching from one Subscription Plan to another. In this case, the balance will be recalculated for the new Plan and an invoice will be issued considering the balance. If the User cancels the Subscription, the balance is not subject to refund. 5.15. If the Subscription Plan is downgraded, the available benefits and functions of the Service will be reduced and the User Content will be partly removed to fit the new Subscription Plan. This will be done automatically, without the possibility of restoring the Content. 5.16. IMPER Group makes the Service and Content available to the Users in accordance with this User Agreement and provides reasonable technical support for the Service to the users of paid Plans. It may take longer to reply to requests from the Users who are not subscribed to the paid Plans or such requests may have no response. 6. Session Design Kit Usage Restrictions 6.1. The User shall be solely responsible to third parties for their actions related to the use of the Service, including if such actions lead to infringement of the rights and legitimate interests of the third parties, as well as for compliance with the law when using the Service. 6.2. When using the Service, the User shall not be entitled to: 6.2.1. upload, send, transfer or in any other way post and/or distribute content that is illegal, harmful, slanderous, injuring morality, violent, infringing intellectual property rights, promoting racial, ethnic, gender, religious and social hate and/or discrimination, containing insults to any individuals or organizations, containing elements of (or propagating) pornography, explains the procedure for the manufacture, use or other application of narcotic drugs or their analogues, explosives or other weapons; 6.2.2. infringe the rights of the third parties and/or cause harm to them in any form; 6.2.3. take on a different person or the representative of an organization including IMPER Group employees, forum moderators and site owners without having sufficient authority, and use any other forms and ways of any illegal representation of others in the network; 6.2.4. upload, send, transfer or in any other way post and/or distribute content having no right to do so under the law or any contractual relationships; 6.2.5. upload, send, transfer or in any other way post and/or distribute any materials containing viruses or other computer codes, files or software designed to damage, destroy or limit the functionality of any computer or telecommunication equipment or software and allow unauthorized access, and any serial numbers for commercial software and software to generate them, any logins, passwords and other tools for obtaining unauthorized access to paid resources on the Internet, as well as linking to the above information; 6.2.6. collect and store personal data of other persons without authosization; 6.2.7. disrupt the normal operation of websites and the Service; 6.2.8. facilitate actions aimed at violating the restrictions and prohibitions imposed by the Agreement; 6.2.9. otherwise violate the law including international law. 6.3. IMPER Group reserves the right to restrict the User’s access to the Service (or to certain functions of the Service) using the User account or to completely block the User account in case of repeated violation of this User Agreement or the documents to which it refers. 6.4. IMPER Group reserves the right to establish any rules, limits and restrictions (technical, legal, organizational or other) for using the Service, and may change them at their own discretion, without prior notice to the User. In cases where this is not prohibited by law, these rules, limits and restrictions may be different for different categories of Users. 6.5. The User shall not be entitled to transfer their rights and/or obligations to third parties on a paid or free basis. 6.6. IMPER Group shall be entitled to establish restrictions on the use of the Service for all Users, or for certain categories of Users (depending on the location of the User, language, etc.) including availability/unavailability of certain features of the Service, storage period and the size of any content, special parameters for downloaded content, etc. IMPER Group may prohibit automatic access to the Service, as well as stop accepting any information generated automatically (e.g., e-mail spam). IMPER Group, to protect the equipment of the User and IMPER Group, shall be entitled to limit the acceptance of any files and materials from the User, if such materials contain malicious software or code, or if automatic filtering and anti-malware protection have detected the presence of such malicious software or codes in these materials. The User is notified and agrees that IMPER Group, for the indicated purposes, is entitled to analyze such malicious software and codes, as well as block such materials and remove them from the Service. 7. Exclusive rights to the content of the Service 7.1. All objects accessible via the Service including design elements, texts, images, illustrations, videos, software, databases, music, sounds and other objects (the 'Service Content"), as well as any other content made available on the Service shall be the objects of the exclusive rights of IMPER Group, the User and other users. 7.2. Ис