User Agreement

1. General provisions

1.1. This User Agreement (hereinafter referred to as Agreement) determines procedure for providing access to the information system and software ТАЧ! (hereinafter - Platform, Service) and conditions their use.

1.2. Operator - legal entity or individual entrepreneur, ensuring the functioning of the Platform and posting this Agreement on the website tac4.ru and in the Service interface. Operator details are published on the page Details and can be indicated in an agreement, invoice or offer concluded with the Operator; upon request - at support@tac4.ru.

1.3. User - a legally capable person acting on behalf of Client (establishment, organization, individual entrepreneur) to whom granted access to the Platform: owner, administrator, manager, analyst or other an authorized employee, as well as an employee of the establishment using the mobile application in within the framework of the granted rights.

1.4. Client - legal entity, individual entrepreneur or other a business entity that has entered into a contractual relationship with the Operator for using the Platform or accepting the terms of access in the established way (registration in personal account, continued use of the Service after the publication of a new version of the Agreement).

1.5. Registration in your personal account, logging into the Service, installing a mobile application, using the API or other actions that clearly indicate an intention to use The Platform, subject to compliance with the Agreement, means acceptance present Agreements to the extent permitted by applicable law.

1.6. If a separate written or electronic agreement is concluded between the Operator and the Client agreement (including public offer for the provision of services), in case of conflict provisions, the terms of such agreement take precedence, unless otherwise expressly agreed by the parties.

2. Subject of the Agreement

2.1. The Operator provides the Client and Users under the terms of the Agreement non-exclusive right of access to the Platform: web personal account, mobile application for employees, program interfaces (APIs) and related functions to the extent provided for by the tariff, contract and technical capabilities of the Service on the date of use.

2.2. Within the meaning of the Agreement, the Operator provides the Client with information technology services: software provision “as a service” (SaaS), tools for setting up the establishment structure, accounts, devices, integrations with banking APIs according to the Client's credentials, status display operations and analytics based on data received from banks’ APIs and recorded in Platform.

2.3. The platform is designed for B2B scenarios (HoReCa, retail and similar industry): an employee of the establishment initiates the amount to be paid on the screen; the guest confirms the transaction in your banking application; calculations are performed within the bank circuit and/or infrastructure NSPK (SBP) under the contract Client with bank.

3. Role of the Platform. What the Service is not

3.1. To avoid discrepancies, the parties agree that ТАЧ! / Platform:

• is not bank, credit institution, money transfer operator funds, payment agent or subagent, electronic money operator, operator of the payment system, payment organization in the sense of the legislation of the Russian Federation Federation on the national payment system;
• does not accept, hold, transfer or store cash Users, Clients and guests of establishments;
• is not party to settlements between the guest and the establishment; does not install bank tariffs, commissions and conditions for crediting funds;
• does not replace a bank or NSPK in the creation of a payment instrument, authorization and execution payment; payment instrument is created bank via API using credentials provided by the Client.

3.2. The NFC and QR functions in the mobile application are intended for sending a link (URI) for payment guest and do not mean accepting a bank card through a payment terminal in the sense of classic card acquiring on the device Operator.

3.3. Information about transaction statuses, amounts and analytics in your personal account is informational in nature. For accounting, tax accounting and reconciliation with by the bank, the Client is obliged to use official bank statements and reports. Possible temporary or constant discrepancies between the status displayed on the Platform and the bank data (including when cancellation of the transaction by an employee before receiving the final response from the bank). For more information see Policy regarding payment transactions on the platform.

4. Registration, access and accounts

4.1. Access to your personal account is provided after registration and/or by invitation Client administrator. The user is obliged to provide reliable data to the extent requested Service.

4.2. The user is responsible for the safety of credentials (login, password, codes login, mobile device keys) and for all actions performed under his account, if unauthorized access has not been proven through no fault of the User or the Client.

4.3. The client assigns administrators and assigns roles (admin, manager, analyst, mobile users, etc.) and is responsible for the actions of its Users within the limits of the granted rights.

4.4. The Operator has the right to suspend or limit access in case of violation of the Agreement, requirements law, if the security of the Service is threatened, by a court decision or at the request of authorized bodies - with notification to the Client when this is permissible and technically possible.

5. Responsibilities of the Client and User

The Client and User undertake:

• independently conclude and maintain in force contractual relationship with the bank (acquiring, SBP and other channels) necessary for accepting payments in the establishment;
• enter into the Platform correct credentials banking integration (keys, identifiers) obtained from the bank legally, and update them in a timely manner;
• comply with the legislation of the Russian Federation, including on personal data, on the protection of consumer rights (in part applicable to the Client’s activities), on the use of cash register systems and other rules related to activities of the establishment;
• do not use the Platform for illegal transactions, circumvention of sanctions, money laundering, fraud and other abuses;
• ensure that guests of the establishment are informed about the payment procedure through the banking application in the volume required by the Client’s activities;
• do not attempt unauthorized access to the API, source code, infrastructure Operator, bypassing Service restrictions, decompilation and reverse engineering, with the exception of cases expressly permitted by law.

6. Obligations and rights of the Operator

6.1. The operator undertakes:

• ensure the functionality of the Platform, taking into account reasonable interruptions for maintenance, updates and force majeure;
• apply organizational and technical data protection measures in accordance with applicable legislation and internal regulations;
• not to disclose the Client’s banking integration secrets to third parties, except in cases provided for by law, agreement with the Client or the need to transmit requests to the authorized bank for the integration of the Client.

6.2. The operator has the right:

• change the functionality of the Platform, interface, composition of integrations with banks and other systems while maintaining or improving the intended purpose of the Service;
• set technical restrictions (request limits, storage volumes, number of devices) in in accordance with the tariff or agreement;
• send service notifications related to the operation of the Service to the Client and Users.

7. Intellectual property

7.1. Exclusive rights to the Platform, its elements (program code, interface design, documentation, trademarks and service marks ТАЧ!, if they are protected) belong to the Operator or the copyright holders who have granted the appropriate licenses.

7.2. The Client and Users are granted a limited, non-exclusive, non-transferable (unless otherwise agreed in the contract) license to use the Platform for a period access actions and only for the Client’s internal needs under the Agreement.

7.3. Appeals from third party copyright holders - page by page Rightsholders.

8. Personal data

8.1. Processing of personal data of Users and other subjects in connection with the use Platforms are regulated Privacy Policy.

8.2. The client independently determines the legal basis and procedure for processing personal data of its employees and guests within the framework of its own activities and is responsible for compliance with the requirements of the legislation on personal data in this part.

8.3. In a typical SBP scenario via the Bank API Platform doesn't receive from a guest full payment details of a bank card; payment data is entered in the application guest bank.

9. Limitation of liability

9.1. The platform is provided by "as is"(as is) within acceptable limits applicable law. The operator does not guarantee the uninterrupted operation of banks, NSPK, communication networks, User devices and third-party services.

9.2. The operator is not responsible for: refusal or delay of the bank in executing the payment; actions or inactions of the guest; Client's losses caused by incorrect credentials integration, violation by the Client of the agreement with the bank or applicable law; indirect losses, lost profits - to the extent not prohibited by law.

9.3. The total liability of the Operator to the Client under the Agreement, unless otherwise stated mandatory rules or a separate agreement, may be limited to the amount actually paid Client to Operator remuneration for the last 1 (one) month, previous the event that served as the basis for the claim, or the minimum amount established by the contract.

10. Modification of the Agreement and termination of access

10.1. The Operator has the right to change this Agreement by publishing a new version on the website and/or Service interface. Continued use of the Platform after the changes come into force, if a different procedure is not provided for by law or agreement, means agreement with the new edition.

10.2. The Client has the right to stop using the Service and request deletion of credentials in in the manner prescribed by the contract and Privacy Policy.

10.3. The Operator has the right to terminate the provision of access in the event of a significant violation of the Agreement by the Client, non-payment for services (if applicable) or on other grounds provided for in the contract.

11. Applicable law and disputes

11.1. The law applicable to this Agreement is Russian Federation, if otherwise not agreed upon by the parties to the contract.

11.2. Disputes are subject to settlement through negotiations. If agreement is not reached within a reasonable time the dispute is referred to the court at the location of the Operator, unless otherwise provided established by mandatory rules or agreement.

12. Contacts

Support and questions regarding the Agreement

support@tac4.ru

Partners and connection

partners@tac4.ru

Personal account

lk.tac4.ru

Final provisions

The invalidity of a particular provision of the Agreement does not entail the invalidity of the rest. provisions. The Operator's inaction in the event of a violation does not mean a waiver of the right to demand execution in the future.

For questions regarding the application of this Agreement, please contact: support@tac4.ru.