Terms of Use
These Terms of Use (the "Terms") govern the relationship between the Limited Liability Company "MAOMBI RU" (the "Operator") and any natural person using the website https://maombi.com (the "Site").
These Terms constitute a public offer in accordance with Articles 437 and 438 of the Civil Code of the Russian Federation. Use of the Site means unconditional acceptance of these Terms and all of their provisions.
If the User does not agree with the Terms, the User must refrain from using the Site.
1. About the Operator
- Full name: Limited Liability Company "MAOMBI RU"
- Short name: LLC "MAOMBI RU"
- Tax identification number (INN): 7703428642
- Registered address: Russia, Moscow
- Contact email: support@maombi.com
2. Definitions
Site — the software and hardware system available on the Internet at the address https://maombi.com and its subdomains.
User — a natural person who visits the Site and/or uses its functionality, including downloading software available on the Site.
Registered User — a User who has created an account on the Site and uses it to log in.
Account — the set of User information used to identify the User on the Site and to provide access to functionality requiring authentication.
Site Content — all materials placed on the Site by the Operator, including texts, images, software descriptions, design, graphics and branding.
User Content — any materials placed on the Site by Users, including reviews and comments about software.
Software — computer programs for devices running the Windows operating system, information about which is placed on the Site and which is available for download through the Site.
Installation file (installer) — an executable file provided to the User for download through the Site which, upon launch, installs the corresponding Software on the User's device.
3. Subject matter
3.1. The Operator provides the User with free access to the Site, including:
- viewing information about the Software placed on the Site;
- downloading installation files for the Software;
- registering an account (at the User's choice);
- posting reviews of the Software (for Registered Users);
- other functionality available on the Site.
3.2. The Site is provided on an "as is" basis. The Operator does not guarantee uninterrupted, error-free or continuous operation of the Site.
3.3. The Operator may at any time and unilaterally amend these Terms, the scope of Site functionality, the list of Software, and other Site Content without prior notice to Users. The current version of the Terms is published at the address indicated in Section 14.
4. Registration and account
4.1. Registration on the Site is voluntary. Certain functionality of the Site (including the publication of reviews) is available only to Registered Users.
4.2. When registering, the User must:
- provide accurate information and keep it up to date;
- use their own valid email address;
- choose a password that ensures the security of the account;
- read and confirm acceptance of the Privacy Policy and Consent to Processing of Personal Data.
4.3. A Registered User may only be a natural person who has reached the age of 18 and has full legal capacity. The Site is not intended for minors. Where applicable under GDPR Art. 8, a higher age threshold prescribed by an EU Member State law shall apply for Users from that Member State.
4.4. The User is solely responsible for maintaining the confidentiality of their account credentials (login, password). All actions taken using the User's account are deemed to have been taken by the User.
4.5. If the User detects unauthorised access to their account, they must immediately notify the Operator at support@maombi.com.
4.6. The User may at any time delete their account by sending a request to support@maombi.com. Deletion of the account also constitutes withdrawal of consent to the processing of the User's personal data, in accordance with the Consent to Processing of Personal Data.
4.7. The Operator may block or delete a User's account in the event of:
- breach of these Terms by the User;
- placement by the User of materials that violate the laws of the Russian Federation, applicable foreign law, or these Terms;
- receipt of relevant demands from authorised bodies;
- prolonged inactivity of the account.
5. Downloading software
5.1. The Software whose information is placed on the Site is developed by third parties — the rights holders of that Software. The Operator is not the developer of the Software placed on the Site unless otherwise expressly stated in the description of specific Software.
5.2. The downloading of installation files through the Site is carried out by the User voluntarily and at their own risk.
5.3. The User independently, before installation and use of the Software:
- reads the terms of the rights holder's licence agreement (EULA);
- determines the compatibility of the Software with their device;
- assesses the safety of the Software and its suitability for their needs;
- takes any other precautions deemed necessary.
5.4. The Operator takes reasonable measures to verify the safety of the installation files provided for download, but does not guarantee:
- the absence of errors, failures or other defects in the Software;
- the conformity of the Software to the User's expectations and requirements;
- the uninterrupted and stable operation of the Software on a specific device of the User;
- the results of the User's use of the Software.
5.5. All issues related to the use of the Software, its technical support, updates and licensing are resolved by the User directly with the rights holder of the corresponding Software.
5.6. The Operator is not liable for any direct or indirect losses, damages or other adverse consequences arising for the User or third parties in connection with the use of the Software downloaded through the Site, to the maximum extent permitted by applicable law.
6. User content (reviews)
6.1. Registered Users may place reviews of the Software and other user content on the Site in accordance with the Site's functionality.
6.2. By placing User Content, the User confirms that:
- they are the author of the placed content or possess all necessary rights to place it;
- the placed content does not violate the rights or legitimate interests of third parties, including copyright and related rights, trademark rights, image rights, or privacy rights;
- the placed content does not violate the laws of the Russian Federation or applicable foreign law.
6.3. It is prohibited to place on the Site materials that contain:
- information prohibited for dissemination in the Russian Federation, including propaganda of extremism, terrorism, narcotics, violence or discrimination;
- information that infringes the intellectual property rights of third parties;
- personal data of third parties placed without their consent;
- insults, threats, calls to violence or other materials that may harm other Users;
- references to means of circumventing blocking (VPNs, proxy services and similar) and instructions for their use;
- references to malicious software, phishing resources or fraudulent sites;
- advertising of goods and services not related to the Site's subject matter;
- spam, flooding and other unwanted content;
- other information contrary to generally accepted norms of morality and ethics.
6.4. By placing User Content on the Site, the User grants the Operator a free, perpetual, worldwide non-exclusive licence to use such content for the purposes of operating the Site, including the right to reproduction, distribution as part of the Site, communication to the public, processing and modification (for technical purposes, without changing the meaning).
6.5. The Operator may, at its discretion, moderate User Content, including:
- pre-moderating content before publication;
- editing content to remove violations or bring it into compliance with these Terms;
- deleting content in whole or in part without explaining the reasons;
- blocking the User's ability to place content.
6.6. The Operator is not responsible for the content of User Content placed by Users. All claims regarding User Content shall be brought directly against the User who placed such content.
6.7. If a User or other person believes that User Content infringes their rights, they may send the Operator a notification in the manner provided in Section 9 of these Terms.
7. Prohibitions and restrictions on use of the Site
7.1. When using the Site, the User undertakes not to take actions that may:
- disrupt the operation of the Site, its servers or related infrastructure;
- gain unauthorised access to data of the Site or other Users;
- use automated means (bots, scripts, parsers) for mass extraction of information from the Site without the written permission of the Operator;
- distribute viruses, trojans or other malicious software through the Site;
- use the Site to commit illegal actions or actions contrary to public interest.
7.2. The User undertakes to use the Site solely for personal, non-commercial purposes, unless otherwise expressly permitted by the Operator.
7.3. Commercial use of Site Content (including copying of Software descriptions, images or Site design) without the prior written consent of the Operator is prohibited.
8. Intellectual property rights
8.1. All Site Content, including design, graphics, texts, the "MAOMBI" brand designation and other elements, are objects of intellectual property of the Operator or are used by the Operator on the basis of licences from rights holders.
8.2. The placement of third-party Software on the Site is carried out for informational purposes. All rights to the placed Software belong to the respective rights holders. The use of trademarks, names and logos of third parties on the Site is carried out solely for the purposes of identifying the corresponding Software and does not imply the existence of affiliation or partnership between the Operator and the rights holders.
8.3. The User is granted the right to use the Site and its Content solely for personal non-commercial use within the functionality provided by the Site.
8.4. Any other use of Site Content (copying, distribution, modification, publication on other resources) is permitted only with the prior written consent of the Operator.
9. Notice of infringement of rights
9.1. If the User or any other person discovers materials on the Site that infringe their intellectual property rights or other lawful interests, they may send the Operator a corresponding notification.
9.2. The procedure for sending notifications of infringement of rights, as well as the procedure for their consideration by the Operator, is set out in a separate document — the Notice of Infringement — published on the Site.
10. Personal data
10.1. The processing of Users' personal data is carried out by the Operator in accordance with applicable law and the Operator's Privacy Policy, Consent to Processing of Personal Data and Consent to Cross-Border Transfer of Personal Data, published on the Site.
10.2. Where applicable, processing is governed by Federal Law of the Russian Federation No. 152-FZ "On Personal Data", and, for Users within the territorial scope of the GDPR, by Regulation (EU) 2016/679, and, for California residents, by the California Consumer Privacy Act.
10.3. The conditions for the use of cookies, including the conditions of cross-border transfer of personal data in connection with the use of foreign-supplier web analytics services on the Site, are governed by the Privacy Policy and the Consent to Cross-Border Transfer of Personal Data, published on the Site.
10.4. The use of the Site without the acceptance of the conditions of personal data processing, in the part requiring User consent, may be limited in accordance with these Terms and the documents mentioned.
11. Limitation of liability
11.1. To the maximum extent permitted by applicable law, the Operator is not liable for:
- any direct or indirect losses, loss of profit, loss of data or other adverse consequences arising in connection with the use of the Site or the inability to use it;
- the consequences of the User's use of the Software downloaded through the Site, including damage caused to the User's device or data;
- the actions of third parties, including hackers, spammers and other Users;
- the content of third-party resources to which links from the Site lead;
- temporary interruptions in the operation of the Site, including those caused by technical work, equipment failures, actions of third parties or force majeure.
11.2. Nothing in these Terms limits the Operator's liability in the part not subject to limitation under applicable law of the Russian Federation, the GDPR or, where applicable, the law of the User's country of residence. In particular, nothing in these Terms excludes or limits liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, or liability that cannot be excluded under applicable consumer protection legislation.
12. Links to external resources
12.1. The Site may contain links to third-party resources. The Operator does not control the content of such resources and is not responsible for their content, privacy policy, actions of the owners or other aspects of their operation.
12.2. The User accesses external resources at their own discretion and risk.
13. Dispute resolution and applicable law
13.1. All disputes arising between the Operator and the User in connection with the use of the Site or the application of these Terms shall be resolved through negotiations.
13.2. If agreement is not reached through negotiation, the dispute shall be submitted to the competent court of the Russian Federation in accordance with the laws of the Russian Federation.
13.3. The applicable law to these Terms is the law of the Russian Federation.
13.4. Mandatory consumer rights. Nothing in these Terms restricts mandatory consumer protection rights that the User may have under the laws of their country of habitual residence. Where the User qualifies as a consumer under the laws of an European Union Member State, the United Kingdom or another jurisdiction with mandatory consumer protection rules, those rules shall apply to the extent they grant the User greater protection than these Terms.
14. Final provisions
14.1. These Terms enter into force from the moment the User begins to use the Site and remain in force throughout the period of use of the Site.
14.2. The current version of the Terms is permanently published at https://maombi.com/pages/terms-of-use/.
14.3. The Operator may unilaterally amend these Terms. The new version of the Terms enters into force from the moment of its publication on the Site, unless otherwise provided in the new version. Continued use of the Site after amendment of the Terms means the User's acceptance of the new version.
14.4. If any provision of these Terms is held invalid, this shall not affect the validity of the other provisions.
14.5. For all matters related to the use of the Site, the User may contact the Operator at support@maombi.com.