PUBLIC OFFER

for the provision of hosting and related services under the atlix cloud brand

This public offer (hereinafter referred to as the Offer or Agreement) is an offer by Individual Entrepreneur Matvey Vyacheslavovich Koshkin (TIN 541300541971, OGRNIP 325547600053099), operating under the atlix cloud brand (hereinafter referred to as the Contractor), to enter into a paid services agreement with any individual or legal entity (hereinafter referred to as the User) for information technology services, including VPS/VDS, dedicated server, and shared hosting services, on the terms set out below.

Services are provided through the Site https://atlix.cloud/, Personal Account https://dash.atlix.cloud and Telegram Bot https://t.me/atlix_robot.

By accepting this Offer in the manner specified in Section 4 of this Agreement, the User confirms that he has read the terms of the Agreement, agrees with them in full and assumes obligations to fulfill them.

1. Terms and definitions

1.1. Public offer (Offer, Agreement) - this document published on the Site https://atlix.cloud/, containing all the essential terms of the contract for the provision of paid services and addressed to an unlimited number of persons.

1.2. Contractor — Individual entrepreneur Matvey Vyacheslavovich Koshkin (TIN 541300541971, OGRNIP 325547600053099), operating under the atlix cloud brand and providing services in the field of information technology in accordance with the terms of this Agreement.

1.3. User - any legally capable individual who has reached the age of 18, or a legal entity that has accepted this Offer in the manner prescribed by Section 4 of the Agreement and uses the Contractor’s Services.

1.4. Website — the Contractor’s website located at https://atlix.cloud/, through which Users are informed about atlix cloud services, their cost, terms of provision, and also provide access to their Personal Account.

1.5. Telegram Bot — the official bot of the Contractor in the Telegram messenger, available at https://t.me/atlix_robot, through which the User can manage the Services, receive notifications and contact support.

1.6. Service (Service) — a set of information technology services provided by the Contractor to the User under the terms of this Agreement, including, but not limited to: the provision of VPS/VDS servers, dedicated servers, virtual hosting services and other related services.

1.7. Personal Account — secure personalized section on the website https://dash.atlix.cloud, providing the User with access to managing the Services, viewing the balance, payment history, setting up servers and other functions within the Service.

1.8. Order — an intention registered by the User in the Personal Account or through a Telegram Bot to receive a specific Service under the selected Tariff conditions, which is the basis for activating the Service.

1.9. Acceptance — full and unconditional acceptance by the User of the terms of this Offer by performing the actions provided for in Section 4 of this Agreement, entailing the conclusion of an Agreement on the terms of the Offer.

1.10. VPS/VDS (Virtual Private Server / Virtual Dedicated Server) - the service of providing a virtual dedicated server - an isolated virtual machine with dedicated resources (CPU cores, RAM, disk space) provided to the User through virtualization technologies.

1.11. Dedicated Server — a physical server rental service, in which the User is provided with exclusive access to all hardware resources of specific physical equipment without sharing with other users.

1.12. Shared hosting - a service for hosting the User’s websites and web applications on the Contractor’s servers, in which server resources are shared between several users.

1.13. Control Panel — software (including that provided through your Personal Account at https://dash.atlix.cloud), used by the User to manage Service parameters, servers, domains and other resources.

1.14. Balance — the User’s electronic account in the Personal Account, reflecting the amount of deposited and unused funds intended to pay for the Contractor’s Services.

1.15. Tariff — a set of characteristics of the Service (equipment configuration, volume of resources, bandwidth, location) and its cost for a certain period, posted on the Site and in the Personal Account.

1.16. Location — geographical location of the data center in which the equipment used to provide the Service to the User is located.

1.17. Activated server — a server that was successfully configured and put into operation after placing an Order and receiving payment, access to which was granted to the User.

1.18. Traffic — the amount of data (in gigabytes or terabytes) transmitted and/or received through the network interface of the User’s server during the billing period.

1.19. Service end date — the date and time upon which the paid period for the provision of the Service expires, after which the Service is suspended or terminated in accordance with the terms of this Agreement.

1.20. Subscription — a Service provision model in which the User makes periodic payments (monthly or for another selected period) to maintain access to the Service.

1.21. Referral program — a system of rewarding Users, which provides for the accrual of Referral rewards for attracting new users to use the atlix cloud Services under the conditions specified in Section 9 of this Agreement.

1.22. Referral reward — funds credited to the User (Referrer) to the affiliate account in the Personal Account for attracting new Users (Referrals) in accordance with the terms of the Referral Program.

1.23. Helpdesk (Support) — the Contractor’s service, providing technical and information support to Users regarding the use of the Services via a Telegram Bot https://t.me/atlix_robot, Personal Account or email [email protected].

1.24. Connection information — information transmitted by the Contractor to the User after activation of the Service and necessary to access the server: IP address, login, password, SSH keys and other similar information.

1.25. Payment — the amount of money contributed by the User to pay for the Contractor’s Services using available payment methods through the Personal Account interface.

1.26. Prohibited activities - types of activities and actions that are directly prohibited by this Agreement, the legislation of the Russian Federation or international law, and which the User has no right to carry out using the atlix cloud Services.

1.27. Instructions — documentation, manuals, regulations and other materials of the Contractor posted on the Site https://atlix.cloud/ and in support https://dash.atlix.cloud/tickets, containing information about the use of the Services.

1.28. Telegram account — a User account in the Telegram messenger, used for registration, authorization and interaction with the atlix cloud Telegram Bot.

1.29. Subscription period — a period of time (usually one calendar month, unless a different period is established by the selected Tariff) for which the User makes a payment for the Service.

1.30. Recurring payment — automatic debiting of funds from the User’s linked bank card to extend the Subscription Period without the need for the User to perform additional payment actions, carried out in accordance with the terms of Section 10 of this Agreement.

2. Use of the Site and Telegram Bot

2.1. The use of the Site and Personal Account is carried out by the User under the following conditions:

2.1.1. The Site provides the User with the opportunity to:

• a) get acquainted with the current list of Services and their descriptions;
• b) view the current Tariffs and their characteristics;
• c) study the terms of this Agreement and the Privacy Policy;
• d) receive information about the locations of data centers and technical characteristics of equipment;
• e) familiarize yourself with the knowledge base and instructions for using the Services;
• f) go to your Personal Account to manage the Services;
• g) study news and updates from atlix cloud;
• h) contact support service;
• i) perform other actions provided for by the functionality of the Site.

2.1.2. Personal Account (https://dash.atlix.cloud) provides the User with the opportunity to:

• a) place Orders for Services;
• b) manage active servers (start, stop, reboot, reinstall OS);
• c) view the status and characteristics of the purchased Services;
• d) replenish your Balance using available payment methods;
• e) view the history of payments and transactions;
• f) manage account settings and connection data;
• g) configure the automatic renewal parameters of the Subscription;
• h) participate in the Referral Program and manage an affiliate account;
• i) receive notifications about the status of the Services;
• j) contact support;
• k) perform other actions provided for by the functionality of the Personal Account.

2.2.1. Telegram Bot atlix cloud (https://t.me/atlix_robot) is an additional channel of interaction between the User and the Contractor and provides the ability to manage Services, receive notifications and contact support directly from the Telegram messenger interface.

2.2.2. To use the Telegram Bot, the User must have a registered Telegram account. The User is solely responsible for providing access to his Telegram account and for all actions performed using it when interacting with the Contractor’s Telegram Bot.

2.2.3. The functionality of the Telegram Bot may differ from the functionality of the Personal Account and can be changed by the Contractor unilaterally. The Contractor is not responsible for restrictions or interruptions in the operation of the Telegram Bot caused by the actions or restrictions of the Telegram messenger.

2.3. The user independently ensures the confidentiality of his credentials (login, password and other data for accessing his Personal Account and Telegram Bot). All actions performed using the User’s credentials are deemed to have been performed by the User himself. In case of unauthorized access to the account, the User is obliged to immediately notify the Contractor through the support service.

2.4. The processing of the User's personal data is carried out in accordance with the Privacy Policy published on the Site at https://atlix.cloud/privacy. By accepting this Offer, the User agrees to the processing of his personal data in the manner prescribed by the Privacy Policy.

2.5. The User independently provides access to the Internet necessary to use the Site, Personal Account and Telegram Bot. The quality and stability of the Internet connection on the User’s side are beyond the Contractor’s area of ​​responsibility.

2.6. The Contractor has the right to carry out technical work on the Site, in the Personal Account and the infrastructure of the Services, including those accompanied by their temporary unavailability. If possible, the Contractor notifies Users of planned technical work in advance through a Telegram Bot, Personal Account or official atlix cloud channels.

3. Subject of the Agreement

3.1. The Contractor undertakes to provide the User with Services in the field of information technology (VPS/VDS, dedicated servers, virtual hosting and other related services) under the terms of this Agreement, and the User undertakes to accept and pay for these Services in the manner and on the terms provided for in this Agreement.

3.2. Services are provided during the paid Subscription Period. Upon expiration of the Subscription Period, the provision of Services is terminated unless the User has paid for the next period or set up automatic renewal.

3.3. The composition, characteristics and cost of the Services are determined by the current Tariffs posted on the Site https://atlix.cloud/ and in your personal account https://dash.atlix.cloud.

3.4. Management of the Services is carried out by the User independently through the Personal Account (https://dash.atlix.cloud) or through Telegram Bot (https://t.me/atlix_robot). The Contractor ensures the uninterrupted operation of the specified management tools, taking into account the conditions for technical work provided for in this Agreement.

3.5. After placing an Order and receiving payment, the Activated Server is configured automatically. Data for connecting to the server is sent to the User in the Personal Account and/or through a Telegram Bot.

3.6. The conditions for using traffic are determined by the selected Tariff. Unless otherwise provided by the Tariff, the User is allocated a certain amount of traffic per month, if exceeded, data transfer speed restrictions may be applied or additional fees may be charged in accordance with the current Tariffs.

3.7. In relation to dedicated servers, the Contractor provides the User with access to physical equipment, ensures its performance at the level of hardware components and the network infrastructure of the data center. Setting up the software on a dedicated server is carried out by the User independently, unless otherwise provided in a separate agreement.

3.8. All Services are provided on the basis of 100% advance payment (prepayment). The provision of Services without full receipt of payment to the User's Balance is not carried out.

3.9. Automatic renewal of the Subscription is carried out at the expense of funds on the User’s Balance in the Personal Account, if there are sufficient funds at the end of the current Subscription Period. If recurring payments are set up according to the rules of Section 10 of this Agreement, renewal can be carried out by automatically debiting funds from the linked bank card.

3.10. Upon expiration of the paid Subscription Period, if there are no funds for automatic renewal, the server is blocked. User data is stored on the server for 24 (twenty-four) hours from the moment of blocking. After the specified period, if payment is not received, the server is deleted along with all data without the possibility of recovery. The user is solely responsible for creating backup copies of his data.

3.11. In order to protect the atlix cloud infrastructure and third parties, the Contractor has the right at any time, without prior notice, to limit or suspend the provision of Services to the User in the event of violations of this Agreement, use of the Services to carry out Prohibited Activities, receipt of justified complaints from third parties or authorized bodies, as well as in other cases provided for in this Agreement.

3.12. The Contractor is not responsible for the availability of the Services from the point of view of third parties, that is, for the ability to connect to the User’s servers from specific networks, regions or through specific providers. The Contractor ensures the availability of the Services within its infrastructure.

3.13. Services are provided “as is”. The Contractor does not guarantee that the Services will fully meet the User’s expectations, will operate uninterruptedly, timely, safely and without errors. The Contractor takes all reasonable measures to ensure the high quality of the Services.

3.14. The User guarantees that the use of the Services will be carried out exclusively for legal purposes, in accordance with the requirements of applicable law, the terms of this Agreement and the Contractor’s Instructions.

3.15. Funds deposited to the Balance are not refundable except for the cases expressly provided for in Section 6 of this Agreement.

3.16. The User has the right to contact the support service with a request to expand the bandwidth or other characteristics of the Service. Such expansion is carried out in agreement with the Contractor and may provide for additional payment in accordance with the current Tariffs.

3.17. The estimated time for activation of the Services after placing an Order and receiving payment is:

• VPS/VDS - as a rule, no more than 120 (one hundred and twenty) seconds;
• Dedicated server - as a rule, no more than 24 (twenty-four) hours.

The specified deadlines are approximate and may be increased in the event of a high load on the Contractor’s infrastructure, the need for additional verification of the Order, or other circumstances beyond the reasonable control of the Contractor.

Backup

3.18. Backup is an additional paid Service and is provided only for Tariffs and Locations, the description of which directly indicates the possibility of its connection. The cost of the Service is displayed on the Site and in the Personal Account before placing an Order.

3.19. When the Service is activated, the Contractor creates a backup copy of the virtual server data once a day. The specific time for starting a backup is determined by the Contractor and may vary depending on the load on the infrastructure.

3.20. For each virtual server, no more than the last three successfully created backup copies are stored. Once a new copy is successfully created, the oldest copy is automatically deleted. During normal daily operation of the system, the available copies usually correspond to the last three days of backup.

3.21. If the next backup attempt fails, previous successfully created copies are retained until they are scheduled to be replaced. A failed attempt does not count as a backup being created.

3.22. The composition of the data included in the backup copy and the available recovery methods are determined by the technical capabilities of the Service and are indicated in the Personal Account. The ability to restore individual files, databases or other parts of content is not guaranteed unless such a function is expressly provided by the Service interface.

3.23. Restoring from a backup may replace the current state of the virtual server data with the state at the time the selected copy was created. Data created or modified after this point may be lost. Before starting the recovery, the User is obliged to independently save the necessary up-to-date data.

3.24. The Contractor takes reasonable technical measures to create and store backup copies, but does not guarantee the successful creation of each daily copy, the absolute safety of copies or the ability to restore data in the event of accidents, damage to the original data, software failures, actions of the User, third parties or force majeure circumstances.

3.25. Connecting to the Backup Service does not relieve the User from the obligation to independently create and store backup copies of critical data on an infrastructure independent of the Contractor.

3.26. When the Backup Service is disabled, the virtual server is deleted, or the paid period is terminated, the Contractor has the right to delete the associated backup copies. The period of their additional storage after termination of the Service is not guaranteed, unless otherwise expressly stated in the Tariff.

3.27. Backups are not archival storage and are not intended for long-term data storage.

4. Acceptance of the Offer

4.1. Acceptance of this Offer is deemed to be the performance by the User of any of the following actions:

• registration in your personal account (https://dash.atlix.cloud);
• start using Telegram Bot (https://t.me/atlix_robot);
• placing an Order for any Contractor Service;
• making payment for any Contractor Service;
• other use of the atlix cloud Services, which implies acceptance of the terms of this Agreement.

4.2. Acceptance of the Offer is carried out electronically and does not require the preparation and signing of a separate written agreement. This Offer, accepted by the User, has the legal force of an agreement concluded in writing.

4.3. By accepting, the User confirms that:

• is a legally capable individual who has reached the age of 18, or an authorized representative of a legal entity;
• have read the terms and conditions of this Agreement in full;
• agrees with the terms of the Agreement and accepts them without any reservations or exceptions;
• The data provided by him during registration is reliable and up-to-date.

4.4. The Agreement is considered concluded from the moment the User accepts it in accordance with clause 4.1 of this Agreement.

4.5. The version of this Offer published on the Site at the time of acceptance is valid. If changes are made to the Offer in accordance with Section 11 of this Agreement, continued use of the Services after the changes come into force means the User’s consent to the new version of the Offer.

5. Payment for Services

5.1. Services are provided on a Subscription basis for a specific Subscription Period (usually one calendar month, unless a different period is established by the selected Tariff).

5.2. Information about the cost of Services, available Tariffs, included resources and payment terms is posted on the Site https://atlix.cloud/ and in your personal account https://dash.atlix.cloud. The User independently selects the appropriate Tariff before placing an Order.

5.3. All Services are paid for on a 100% advance payment basis. Provision of Services on credit or with deferred payment is not provided.

5.4. Automatic renewal of the Subscription for the next Subscription Period is carried out at the expense of funds on the User’s Balance or by recurring debiting from the linked bank card in accordance with Section 10 of this Agreement.

5.5. The User has the right to disable automatic renewal of the Subscription at any time in the Personal Account settings. If automatic renewal is disabled, the Service will remain available until the end of the currently paid Subscription Period.

5.6. If there are insufficient funds on the User's Balance for automatic renewal of the Subscription and there are no configured recurring payments with a sufficient limit, the Service is blocked upon expiration of the current Subscription Period in accordance with clause 3.10 of this Agreement.

5.7. The Contractor has the right to unilaterally change the cost of Services and Tariffs by notifying Users of the changes no later than 10 (ten) calendar days before the changes come into force by publishing updated Tariffs on the Site and/or sending notifications to the Personal Account and/or through a Telegram Bot. The price change does not affect already paid Subscription Periods.

5.8. The user is fully responsible for the correctness of the details specified when making the payment. The Contractor is not responsible for losses resulting from the User's errors when making a payment.

5.9. Payment for Services is carried out exclusively through official payment methods available in the Personal Account (https://dash.atlix.cloud). The list of available payment methods may be changed by the Contractor.

5.10. The service is activated after the payment is received on the User’s Balance and the payment is confirmed by the corresponding payment system. If payment confirmation is delayed by the payment system, activation of the Service may be delayed.

5.11. The Contractor has the right to set a minimum amount for replenishing the Balance, and also require the presence of a technical advance on the Balance - an amount reserved to cover possible future payments. The amount of the technical advance, if any, is indicated in the Personal Account.

5.12. In order to prevent fraudulent activities and abuse, the Contractor has the right to carry out additional verification of payments and the identity of the User. Until verification is completed, crediting funds to the Balance and activation of Services may be suspended.

5.13. In the event of a justified request for a refund from the payment system (chargeback), the Contractor has the right to immediately block the User’s account and suspend the provision of all Services until the dispute is resolved.

5.14. Data on the User’s servers is stored for 24 (twenty-four) hours from the moment the Service is blocked due to non-payment. After the specified period, the data is deleted without the possibility of recovery, and the Contractor is not responsible for this.

6. Terms of exchange and return

6.1. atlix cloud services are provided on a Subscription basis. The User pays for access to the Service for a certain Subscription Period. As a general rule, funds deposited as payment for the current Subscription Period are non-refundable.

6.2. Before requesting a refund, the User is recommended to contact the atlix cloud support service to find out whether the problem can be resolved in alternative ways (replacing the configuration, changing the Tariff, moving the server to another location, etc.).

6.3. The User has the right to cancel the automatic renewal of the Subscription in the Personal Account at any time, after which access to the Service is maintained until the end of the current paid Subscription Period.

6.4. Refunds are made in the following cases:

• erroneous or double debiting of funds due to technical reasons beyond the control of the User;
• payment for the next Subscription Period, provided that the User requested a refund before the start of this period and the Service was not actually used during this period.

6.5. The User has the right to demand a refund if the total time of unavailability of the Service for reasons within the Contractor's area of ​​responsibility was more than 72 (seventy-two) continuous hours during the paid Subscription Period. In this case, a proportional part of the cost of the Service for the actually unavailable period is subject to refund.

6.6. To submit a refund request, the User must contact atlix cloud support via Telegram Bot (https://t.me/atlix_robot) or by email [email protected], indicating:

• account identifier (Telegram ID or email address);
• name and identifier of the Service for which the refund is requested;
• date and amount of payment;
• justification for the return request.

6.7. Refunds are not provided in the following cases:

• The User violated the terms of this Agreement, which resulted in blocking or termination of the Services;
• the unavailability of the Service was caused by the actions or inaction of the User himself, the actions of third parties at the initiative of the User, or other circumstances outside the area of ​​responsibility of the Contractor;
• the unavailability of the Service was caused by force majeure circumstances (force majeure);
• The User used the Services to carry out Prohibited Activities;
• The User has already used the Service during the paid Subscription Period;
• the refund request was submitted after the expiration of the period established for filing such claims (no later than 14 (fourteen) calendar days from the date of occurrence of the circumstances that constitute the basis for the refund);
• a refund has already been made for this payment.

6.8. Planned technical work, about which the User has been duly notified, is not grounds for a refund.

6.9. If a positive decision on a refund is made, the funds are returned to the User in the same way as the payment was made, within 14 (fourteen) business days from the date of the decision, unless otherwise provided by the rules of the relevant payment system.

6.10. If a decision is made to cancel the Subscription without a refund, access to the Service will be terminated upon expiration of the currently paid Subscription Period.

6.11. This section applies taking into account the provisions of Article 429.4 of the Civil Code of the Russian Federation on an agreement with execution on demand (subscription agreement). Payment of the subscription fee for the Subscription Period is made regardless of the actual volume of use of the Service by the User in this period.

7. Rights and obligations of the Parties

7.1. The performer is obliged:

7.1.1. Ensure the provision of Services in accordance with the terms of this Agreement and the Tariff chosen by the User.

7.1.2. Ensure the availability of your Personal Account (https://dash.atlix.cloud) and Telegram Bot (https://t.me/atlix_robot) to manage the Services taking into account planned technical work.

7.1.3. Send the User notifications about the expiration of the paid Subscription Period, insufficient funds on the Balance and other significant events affecting the availability of the Service, via a Telegram Bot and/or to the User’s email address.

7.1.4. Ensure the confidentiality of the User's personal data in accordance with the Privacy Policy and the requirements of the legislation of the Russian Federation.

7.1.5. Provide the User with technical support regarding the use of the Services within the competence of the atlix cloud support service.

7.1.6. Notify Users of changes in Tariffs and terms of this Agreement within the time frame and in the manner provided for in this Agreement.

7.1.7. Store data on the User’s server for 24 (twenty-four) hours from the moment the Service is blocked due to non-payment.

7.2. The user is obliged:

7.2.1. Make timely payments for Services in accordance with the selected Tariff and the terms of this Agreement.

7.2.2. Use the Services exclusively for legal purposes and in accordance with the requirements of applicable law, including the legislation of the Russian Federation and the legislation of the country in which the selected Location is located.

7.2.3. Do not carry out the following types of activities using the Services (Prohibited Activities):

• sending spam, unauthorized bulk email or other messages;
• organizing DDoS attacks, port scanning and other actions aimed at disrupting the operation of third party systems;
• distribution of malicious software, viruses, Trojans and other harmful programs;
• cryptocurrency mining without the explicit consent of the Contractor, unless otherwise provided by the Tariff;
• storage, distribution and processing of content that violates copyrights and other intellectual property rights of third parties;
• storage and distribution of materials containing child pornography or other illegal content;
• carrying out activities aimed at bypassing the protective mechanisms of other systems;
• any other activity prohibited by applicable law or violating the rights of third parties.

7.2.4. Ensure the security of your credentials and do not transfer them to third parties. The user is fully responsible for all actions performed using his credentials.

7.2.5. Independently create backup copies of data located on the Contractor’s servers. The Contractor is not responsible for the loss of User data.

7.2.6. Timely familiarize yourself with the Contractor’s notifications sent to your Personal Account and/or through the Telegram Bot.

7.2.7. Provide accurate information when registering and while using the Services. If your personal data or contact information changes, immediately update it in your Personal Account.

7.2.8. Do not attempt unauthorized access to the Contractor’s infrastructure, to the servers of other Users or to the Service management systems.

7.2.9. Do not use the Services for resale without the written consent of the Contractor, unless otherwise provided in a separate partnership agreement.

7.2.10. Immediately notify the Contractor of identified vulnerabilities in atlix cloud systems through the support service and not exploit such vulnerabilities for your own purposes.

7.2.11. Comply with the traffic usage requirements established by the selected Tariff.

7.2.12. Do not use the Services to perform actions that could damage the reputation of the Contractor or third parties.

7.2.13. Fulfill the legal requirements of the Contractor aimed at ensuring compliance with the terms of this Agreement and applicable law.

7.2.14. Independently familiarize yourself with the Contractor’s Instructions posted on the Site and in the knowledge base (https://dash.atlix.cloud/tickets), before using the Services.

7.2.15. Do not take actions aimed at creating an artificial load on the Contractor’s infrastructure that is disproportionate to the functional use of the Services.

7.3. The performer has the right:

7.3.1. Unilaterally change the terms of this Agreement, Tariffs and the list of available Services in the manner provided for in Section 11 of this Agreement.

7.3.2. Immediately suspend or terminate the provision of Services to the User in the event of his violation of the terms of this Agreement, including when Prohibited Activities are identified.

7.3.3. Carry out scheduled and emergency technical work on the atlix cloud infrastructure, including those accompanied by temporary unavailability of the Services.

7.3.4. Request additional information from the User in order to verify identity, source of funds or legality of using the Services.

7.3.5. Disclose information about the User to authorized government bodies in cases provided for by applicable law.

7.3.6. Transfer the rights and obligations under this Agreement to third parties without the consent of the User during reorganization or change in the legal structure of the Contractor.

7.3.7. Change the technical parameters of the Services within acceptable deviations that do not significantly reduce the quality of the Services.

7.3.8. Use the atlix cloud name and logo for marketing and other commercial purposes.

7.3.9. Introduce additional functionality, promotions and special offers for Users on terms and conditions at the discretion of the Contractor.

8. Responsibility

8.1. Services are provided “as is”. The Contractor does not make any express or implied warranties in relation to the Services, including warranties of suitability for a particular purpose, reliability, accuracy and continuity of operation.

8.2. The Contractor is not responsible for any loss or damage arising from the User’s misunderstanding or misinterpretation of the terms of this Agreement, Tariffs or functionality of the Services.

8.3. The Contractor is not liable for direct, indirect, incidental, special or punitive damages, including lost profits, loss of data, business reputation or other intangible assets, even if the Contractor has been notified of the possibility of such damages.

8.4. The User is fully responsible for all actions performed using the Services from his account, including the actions of third parties who have accessed the Services using the User’s credentials.

8.5. The Contractor is not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement if such non-fulfillment was the result of force majeure circumstances (force majeure), including: natural disasters, fires, floods, earthquakes; wars, hostilities, terrorist acts; actions of government bodies restricting the activities of the Contractor; major accidents in power supply or communication networks; failures in the operation of third party software on which the functioning of the Services depends.

8.6. The Contractor is not responsible for the content of information posted by the User on atlix cloud servers. The User is solely responsible for the legality of the content posted and transmitted using the Services.

8.7. The Contractor is not responsible for unauthorized access to the User’s data if such access became possible due to the actions of the User himself, including due to the User’s failure to comply with information security requirements.

8.8. The Contractor is not responsible for the User’s violation of intellectual property rights of third parties when using the Services. All claims of third parties in connection with violation of their rights by the User are presented directly to the User.

8.9. The Contractor does not guarantee the compatibility of the Services with third party software used by the User.

8.10. The Contractor's total liability to the User for all reasons related to this Agreement is limited to the amount paid by the User for the Service in the last paid Subscription Period.

8.11. The User undertakes to compensate the Contractor for losses caused as a result of the User’s violation of the terms of this Agreement, applicable law or the rights of third parties.

8.12. The Contractor is not responsible for interruptions in the operation of the Services caused by the actions of third parties (hacker attacks, DDoS attacks on the Contractor's infrastructure) that are beyond the reasonable control of the Contractor.

8.13. The Contractor is not responsible for the quality and continuity of the Internet connection on the User’s side.

8.14. The Contractor is not responsible for delays in payment processing caused by actions or technical limitations of payment systems.

8.15. The Contractor is not responsible for losses resulting from the deletion of data after a 24-hour storage period after blocking the Service in accordance with clause 3.10 of this Agreement.

8.16. The Contractor is not responsible for the availability or quality of services and resources of third parties that the User accesses using the atlix cloud Services.

9. Referral program

9.1. atlix cloud provides Users with the opportunity to participate in the Referral Program, under which the User (Referrer) receives a Referral reward for attracting new users (Referrals) to use the atlix cloud Services.

9.2. Participation in the Referral Program is voluntary. To participate, the User must have an active account in the Personal Account and familiarize themselves with the terms of the Referral Program set out in this section.

9.3. To participate in the Referral Program, the User is provided with a unique referral link in the Personal Account. A referral is considered attracted if he registered by following the Referrer’s referral link and made the first payment for atlix cloud Services.

9.4. The referral reward is accrued to the Referrer if the following conditions are simultaneously met:

• The referral registered using the Referrer's referral link;
• The referral made payment for atlix cloud Services;
• The Referral has activated at least one Service;
• the Referral's payment was not canceled or returned.

9.5. The base Referral Reward is 20% (twenty percent) of the amount of payments made by the Referral for atlix cloud Services. The reward rate may be increased according to the Referrer's partner level or other special conditions of the Referral Program valid at the time of accrual.

9.6. The referral reward is calculated monthly based on the results of the billing period and is credited to the Referrer’s affiliate account in the Personal Account.

9.7. In the event of a refund of the Referrer's payment, the previously accrued Referral reward corresponding to this payment shall be debited from the Referrer's affiliate account.

9.8. The referral reward is credited to the affiliate account in the Personal Account, which is separate from the User’s Balance. Funds from the affiliate account can be used to pay for atlix cloud Services or withdrawn in the manner established by the Contractor.

9.9. Withdrawal of funds from the affiliate account is carried out at the request of the User within 24–48 (twenty-four to forty-eight) hours after confirmation of the request by the Contractor. The minimum withdrawal amount, available withdrawal methods and other conditions are indicated in your Personal Account.

9.10. The Referral Program prohibits:

• self-referral - registration using your own referral link using other accounts;
• using unfair methods of attracting Referrals that are misleading regarding atlix cloud Services;
• distribution of referral links through spam mailings or other prohibited methods;
• creating artificial transactions in order to receive a Referral Reward.

9.11. The Contractor has the right to check activity under the Referral Program for compliance with the terms of the program and the integrity of participation. If violations are detected, the Contractor has the right to cancel the accrued reward and exclude the User from the Referral Program.

9.12. The Contractor has the right to request evidence of attracting Referrals and promotion methods used. The user is obliged to provide the requested information within 5 (five) working days.

9.13. The referral program is of an incentive nature and is not an obligation of the Contractor. The Contractor has the right to change the conditions or terminate the Referral Program at any time by notifying participants through the Personal Account and/or Telegram Bot.

9.14. The Contractor has the right to conduct separate affiliate programs and special promotions with other conditions for calculating remuneration. The terms of such programs are published separately and apply in addition to this section or instead of it at the discretion of the Contractor.

10. Regulations on recurring payments

10.1. For the purposes of this section, the following definitions apply:

• Recurring payment — automatic periodic debiting of funds from the User’s bank card to pay for atlix cloud Services without the need for the User to perform additional actions for each debit;
• Bank — a credit institution that issued the User’s bank card and processes payment transactions;
• Map — a bank card (debit or credit) linked by the User in the Personal Account for making recurring payments.

10.2. Activation of recurring payments is carried out on the basis of the User’s explicit consent when linking a bank card in the Personal Account. By linking a card, the User confirms his consent to automatic periodic debiting of funds in accordance with the terms of this section.

10.3. Automatic debiting of funds from the linked card is carried out at the time of the Subscription renewal date if there are insufficient funds on the User’s Balance to pay for the next Subscription Period.

10.4. By agreeing to recurring payments, the User grants the Contractor the right, without additional confirmation, to initiate the debiting of funds from the linked card in the amount necessary to pay for the selected Services in accordance with the current Tariff.

10.5. Recurring payments are made subject to the availability of technical capabilities on the part of the bank that issued the card and the payment system used by the Contractor. The Contractor is not responsible for the impossibility of making a recurring payment due to technical reasons related to the bank or payment system.

10.6. One bank card can be linked to one account for making recurring payments. When you link a new card, the previous card is automatically unlinked.

10.7. If the linked card expires, recurring payments will stop. The user is obliged to independently update the card details in the Personal Account to resume recurring payments.

10.8. If there are insufficient funds on the linked card to make a recurring payment, the Contractor has the right to repeat the debit attempt within 3 (three) subsequent days. If after this period the payment has not been made, the recurring debit is considered failed and the Service is blocked in accordance with the terms of this Agreement.

10.9. The user has the right to disable recurring payments at any time in the Personal Account settings. After recurring payments are disabled, automatic renewal of the Subscription can only be carried out using funds on the Balance.

10.10. The amount of the recurring payment is determined by the cost of the Service according to the selected Tariff on the date of payment. The User is notified of changes in the amount of the recurring payment in accordance with clause 5.7 of this Agreement.

10.11. All recurring payments are processed through secure payment gateways. Bank card data is stored on the side of the payment provider in accordance with the requirements of the PCI DSS standard. The Contractor does not store the full details of the User's bank card.

11. Validity period and procedure for changes

11.1. This Agreement comes into force from the moment the Offer is accepted by the User in accordance with Section 4 of this Agreement and is valid indefinitely until its termination in the manner provided for in this section.

11.2. The User has the right to terminate this Agreement at any time by ceasing to use the Services and sending a corresponding notice to the atlix cloud support service. Termination of the Agreement at the initiative of the User does not entail a refund for the currently paid Subscription Period, except for the cases provided for in Section 6 of this Agreement.

11.3. The Contractor has the right to unilaterally make changes to this Agreement by notifying Users of the changes made no later than 10 (ten) calendar days before the changes come into force by publishing an updated version of the Agreement on the Site and/or sending notifications to the Personal Account and/or through a Telegram Bot. Continued use of the Services after the changes come into force means the User’s consent to the new version of the Agreement.

11.4. The Contractor has the right to unilaterally terminate this Agreement and stop providing Services to the User in the following cases:

• violation by the User of the terms of this Agreement, including the implementation of Prohibited Activities;
• failure to repay the debt for payment for Services within the period established by this Agreement;
• provision by the User of knowingly false information during registration or in the process of using the Services;
• receipt of demands from authorized government bodies obliging to terminate the provision of Services to this User;
• the User’s use of the Services in a manner that creates a threat to the functioning of the Contractor’s infrastructure or violates the rights of other Users;
• the occurrence of other circumstances in which further provision of the Services is impossible or illegal.

11.5. Upon termination of the Agreement for any reason, the User is obliged to stop using the Services. The Contractor has the right to delete the User's account and all data associated with it in the manner provided for in this Agreement and the Privacy Policy.

11.6. The legislation of the Russian Federation applies to this Agreement. All disputes arising in connection with this Agreement must be resolved through negotiations, and if no agreement is reached, in court at the location of the Contractor.

12. Other conditions

12.1. The headings of sections and clauses of this Agreement are provided solely for ease of navigation and do not affect the interpretation of the terms and conditions contained therein.

12.2. The Contractor has the right to unilaterally make changes to the list of available Services, the functionality of the Personal Account and Telegram Bot, as well as other aspects of atlix cloud’s activities that do not require changes to this Agreement. Such changes come into force from the moment they are published on the Site or in the Personal Account.

12.3. The Contractor is not responsible for the User’s actions performed using the atlix cloud Services. The User independently bears all risks and consequences of his actions when using the Services.

12.4. For all questions related to the use of atlix cloud Services, the User can contact:

• via Telegram Bot: https://t.me/atlix_robot;
• by email: [email protected];
• via support: https://dash.atlix.cloud/tickets.

13. Details and contact information