Please read these Terms of Use carefully before using Dolphin{tt}

By using Dolphin{tt} (the “Software”, “Service”, “Dolphin{tt}”) on any computer device or laptop computer or another device (“Device”), you as a user (“You”, “User”) of the Service or Website tt.dolphin.ru.com/en/ confirm that You have read, understand and agree to be bound by these Terms of Use, Privacy Policy and any other applicable law.

  1. SCOPE OF LICENSE

    1. The Software is licensed, not sold, to You. We grant non-exclusive, non-transferable, non-sublicensable, revocable limited license to run the Service on Your Device solely for the purpose of performing those functions and tasks available to You as an end-user of the Software. This license does not allow You to use the Service on any Device that You do not own or rightfully control, and You may not distribute or make the Software available over a network where it could be used by multiple Devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Software. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of Our rights as a Licensor. If You breach this restriction, You may be subject to prosecution and damages.

  2. INTELLECTUAL PROPERTY

    1. All intellectual property on the Software, which includes materials protected by copyright, trademark, or patent laws, is either owned or licensed to Us. All trademarks, service marks, and trade names are owned, registered, and/or licensed by Us. All content that We invented and created by Ourselves (except for Personal Data), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and all other content (collectively the “Content”) is Our intellectual property; All rights reserved.
    2. No licenses or rights are granted to You by implication or otherwise, under any intellectual property right controlled or owned by Us or the respective owners (licensors) of any such associated intellectual property, except for the permissions and rights expressly granted in these Terms.

  3. CREATING A PERSONAL ACCOUNT AND LOGIN

    1. Via Our Service, a User can create a Personal account to subscribe to a service plan.
    2. You need to have a working email and set a password for the Personal account.
    3. You are responsible for maintaining the confidentiality of Your email login credentials.
    4. After registering, You can from then on login to Your Personal account at Our Service with the email and password You provided during the creation of the Personal account. The information You give Us has to be accurate, current and complete.
    5. If You lose Your Personal account password, it can be reset as long as You have control over the email address You used for registration. More information can be found on Our Website or by contacting customer support at info@dolphin.ru.com.
    6. If You have additional questions, You can also contact Our Telegram chat @dolphin_support_bot.

  4. SUBSCRIPTION PLANS

    1. After You install the Service and create a Personal account to use it, You can choose the appropriate standard subscription plan. The cost and features of each subscription plan are described on Our Website at https://tt.dolphin.ru.com/en/pricing/.
    2. If You need a custom solution, do not hesitate to contact Our customer support at info@dolphin.ru.com for custom subscription plan needs and further possibilities.

  5. FEES AND PAYMENTS

    1. Сertain features of the Service are offered on a subscription basis for a fee. You will pay on Our Website from which You have downloaded the Service (the “Website”) the applicable fees (and any related taxes) as they become due.
    2. To the maximum extent permitted by applicable laws, We may change subscription fees at any time. We will give You reasonable notice of any such pricing changes by posting the new prices on the Website. If You do not wish to pay the new fees, You can cancel the applicable subscription prior to the change going into effect.
    3. You authorize the applicable fees from the payment card You provided in Your Personal account.
    4. By signing up for certain subscriptions, You agree that Your subscription may be automatically renewed. Unless You cancel Your subscription, You authorize Us to charge You for the renewal term. The period of auto-renewal will be the same as Your initial subscription period unless otherwise disclosed to You on the Service. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless We notify You of a rate change prior to Your auto-renewal. You must cancel Your subscription in accordance with the cancellation procedures disclosed to You for the particular subscription. We will not refund fees that may have accrued to Your Personal account and will not prorate fees for a canceled subscription.
    5. We may offer a free trial subscription for the Service. Free trial (if any) provides You with access to the Service for a period of time, with details specified when You sign up for the offer. Unless You cancel before the end of the free trial, or unless otherwise stated, Your access to the Service will automatically continue and You will be billed the applicable fees for the Service. We may send You a reminder when Your free trial is about to end, but We do not guarantee any such notifications. It is ultimately Your responsibility to know when the free trial will end. We reserve the right, in Our absolute discretion, to modify or terminate any free trial offer, Your access to the Service during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit Your ability to take advantage of multiple free trials.
    6. The Service and Your rights to use it expire at the end of the paid period of Your subscription. If You do not pay the fees or charges due, We may make reasonable efforts to notify You and resolve the issue; however, We reserve the right to disable or terminate Your access to the Service (and may do so without notice).

  6. PRIVACY

    1. To use the Service, You may be asked to provide certain Personal Data. All the matters regarding Your Personal Data are governed by Our Privacy Policy and You are giving Your Consent to the collection of such information by using the Service; therefore, We recommend You, and You should ensure that You have read the Privacy Policy provisions carefully.

  7. DELETING AN ACCOUNT

    1. A User can delete a Personal account at any time.
    2. These Terms survive the termination of a Personal account.
    3. We will delete all Your account information, except for the minimum that is needed for complying with and the fulfillment of the accounting obligation to tax authorities as set by applicable laws.
    4. Please be advised that upon deleting a Personal account, all data created within Your account and team member account – including sessions, their parameters, opened tabs and software configuration parameters – will be deleted within twenty-four (24) hours and will be not recoverable thereafter even if You, later on, decide to re-subscribe – You have to sign up again, and start all over. If explicitly requested, We will delete all the data immediately.
    5. In order to delete Your Personal account, You must use this service in the settings section of Your Personal account, or write to Us at info@dolphin.ru.com and provide Us with information that confirms You as the owner of this account.
    6. Please note that if You decide to delete Your Personal account, Your money for the subscription to Our Software is not refundable, in cases not stipulated in the section “MODIFICATIONS TO THE SERVICES, SERVICE OUTAGE AND REFUND CLAIM FOR SERVICE OUTAGE”.

  8. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

    1. The material on Our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information with Our customer support at info@dolphin.ru.com. We are not responsible if information made available on Our Website is not accurate, complete or current. Any reliance on the material on Our Website is at Your own risk.
    2. We reserve the right to modify the contents of Our Website and Service at any time, but We have no obligation to update any information on Our Website and Service. You agree that it is Your responsibility to monitor changes to Our Website and Service. We do Our best to publish any new information about the Website and Services by the Website or by email.
    3. We may at all times and without prior notice make functional, procedural or technical changes or improvements to the Website or Service. We may, but in no circumstances are obliged to, adjust, add or remove any specific functionality.

  9. LINKS

    1. By using the Service, You are able to follow different links to websites, applications or other products or services operated by other companies (“Third-Party Services”). We do not endorse, monitor, or have any control over these Third-Party Services, which have separate Terms of use and Privacy policies. We are not responsible for the content or policies of Third-Party Services and You access such Third-Party Services at Your own risk.

  10. UNAUTHORIZED USE

    1. You shall not in any way use the Service or submit to Us or via the Service or to any User of the Software anything which in any respect:
      1. is in breach of any law, statute, regulation, or by-law of any applicable jurisdiction;
      2. is fraudulent, criminal, or unlawful;
      3. is inaccurate or out-of-date;
      4. may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue, or political;
      5. impersonates any other person or body or misrepresents a relationship with any person or body;
      6. may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trademark rights, and broadcasting rights) or privacy or other rights of Us or any third party;
      7. may be contrary to Our interests;
      8. is contrary to any specific rule or requirement that We stipulate on the Service in relation to a particular part of the Service or the Service generally;
      9. involves Your use, delivery, or transmission of any viruses or anything likely intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
    2. These rules of conduct and a list of prohibited uses are not meant to be exhaustive. We reserve the right to determine what conduct We consider to be a violation of these Terms or improper and the appropriate action to take.
    3. As a User, You agree that You are responsible for compliance with any applicable local laws that may apply to Your use of Our Website, Services and Service.
    4. If We ascertain or receive information from third parties or law enforcement officials of any of the above-listed prohibited uses or other unlawful uses on Your behalf, We may terminate Your access to the Service due to Your breach of these Terms and You shall forfeit any right to any refund for the subscription fees paid, regardless the time remaining. You agree to reimburse Us for any expenses or costs, including consequential damages We or anyone else may have or may incur as a result of such a breach or unlawful act.
    5. If We are required to take action by the governing legislation or based on information received from third parties or We are notified of any unlawful actions on Your behalf regarding and/or using Our Website, Services , or by competent law enforcement authorities authorized to issue compelling orders and/or requests to Us, We reserve the right to refuse the Service to You without refunds for the remaining time of the Service and not to disclose the reasons behind the refusal of the Service (if so compelled by law enforcement authorities).

  11. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

    If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Us with the written information specified below.

    1. A claim signed with an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. A description of the copyrighted work that You claim to be infringed upon;
    3. A description of where the material that You claim to be infringed is located in the Service;
    4. Your address, telephone number, and email address;
    5. A statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
    7. You can send an email to: info@dolphin.ru.com.
    8. Please note that this procedure is exclusively for notifying Us and its affiliates that Your copyrighted material has been infringed.

  12. MODIFICATIONS TO THE SERVICES, SERVICE OUTAGE AND REFUND CLAIM FOR SERVICE OUTAGE

    1. We reserve the right to, temporarily or permanently, modify, suspend or discontinue the Website, Services (or any part or respective content thereof) without prior notice.
    2. We reserve the right to refuse access to the Website, Services to anyone for any reason at any time. Explanations for the reasons of suspension or refusal of access may or may not be given depending on the circumstances and cannot be demanded from Us.
    3. We may from time to time limit access to Our Website, Services due to maintenance and updates at Our discretion.
    4. We shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Website, Service or content.
    5. We are not responsible for a service outage caused by a User’s third-party data centers or internet service providers’ (ISP) or a User’s preferred particular ISP’s servers, routers, networks, etc failures or connectivity problems caused thereof.
    6. We only refund claims for compensation for service outages that lasted over twenty-four (24) hours and were caused by issues on Our side. These include, but are not limited to, e.g. unexpected back-end under- or non-performance, power outages, fluctuations in Our networks, etc. The compensation is proportional and the amount depends on the subscription plan (price) and the time the particular service outage lasted.
    7. Claims for compensation for interruption of service must be sent to info@dolphin.ru.com within fourteen (14) days of occurrence. The email should include: Your request for a refund, the date and time, a detailed description of the situation that occurred, and Your contact information.
    8. We of course honor refund claims for outages caused by issues on Our side. Refunds for other reasons are issued at Our discretion and may be accepted or rejected as such.
    9. Refund claims for compensation for a service outage can be claimed if the outage lasted over twenty-four (24) hours and were caused by issues on Our side. The compensation amount will be proportional to the outage time and will be calculated based on the particular event timeline (e.g. if there are 720 hours in a month and the service outage was 30 hours, the compensation will be 4.1% of the monthly subscription price).
    10. Be sure to submit the refund claim for a service outage in fourteen (14) days of the occurrence to info@dolphin.ru.com, as relevant data may not be preserved forever.

  13. COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

    1. If, at Our request, You send certain specific submissions (or without a request, You send to Us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that You forward to Us.
    2. We shall under no obligation have to:
      1. maintain any Comments in confidence;
      2. pay compensation for any Comments; or
      3. respond to any Comments.
    3. You agree that Your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or another personal or proprietary right.
    4. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website(s).
    5. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Us or third parties as to the origin of any Comments.
    6. You are responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any comments posted by You or any third party.
    7. We reserve the right to delete or tag any Comments at Our sole discretion.
    8. You are solely responsible for Your interaction with others using Website, Service , and other third parties that You come in contact with through Our Website, Service.
    9. You understand that Your content may be transferred involving:
      1. transmissions over various networks; and
      2. changes to conform and adapt to technical requirements of connecting networks or devices.
    10. We reserve the right, but have no obligation, to manage disputes between You and other Users of the Website, Service. This also applies to disputes between the User of the main account and User of team member account(s).

  14. DISCLAIMER

    1. Your use of any aspect of the Service is at Your own risk. We cannot and do not accept any liability in respect of any activities that You may undertake through using the Service.
    2. The Service may not be available in all languages or in all countries, and We make no representation that the functionality of the Service would be appropriate, accurate or available for use in any particular location. The Service availability and pricing is subject to change.
    3. This disclaimer constitutes an essential part of these Terms of Use.

  15. LIMITATION OF LIABILITY

    1. To the maximum extent permitted by applicable law, under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall We, Our affiliates or any of Our or their employees, directors, officers, agents, vendors or suppliers be liable to You or to any third party for any personal injury, including death, or for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Software, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, the accuracy of results, or computer or device failure or malfunction, even if a representative of ours has been advised of or should have known of the possibility of such damages. In no event will We be liable for any damages in excess of fifty US dollars ($50).
    2. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that We may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of Our liability will be the minimum permitted under such applicable law.
    3. Any claims arising out of or in connection with Your use of the Software must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use, even if the applicable remedy under these Terms of Use fails of its essential purpose.
    4. Due to the fact that Users may use their cookies when registering, We are not responsible for checking cookie data. You import and use cookies at Your own risk. We will not be able to verify the appropriateness of all cookies that You download.
    5. We reserve the right (not the obligation) to remove, modify or block Users, who use cookies inappropriately if We have sufficient reason to believe so.
    6. We hereby disclaim any and all liability to You or any third party relating to Your use of the Website, Service.

  16. INDEMNITY

    1. You agree to defend, indemnify, and hold Us harmless including Our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of Our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to: a) the breach of these Terms of Use by You or anyone using Your Device, password or login information; b) any claim, loss or damage experienced from Your use or attempted use of (or inability to use) the Service; c) Your violation of any law or regulation; or d) any other matter for which You are responsible under these Terms of Use or under law. You agree that Your use of the Software shall be in compliance with all applicable laws, regulations, and guidelines.
    2. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Service and all negotiations for settlement or compromise. You agree to fully cooperate with Us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by Us.

  17. TERMINATION

    1. These Terms of Use are effective until terminated by either You or Us. You may terminate these Terms of Use at any time, provided that You discontinue any further use of the Service. If You violate these Terms of Use, Our permission to You to use the Service automatically terminates.
    2. We, however, may, in Our sole discretion, terminate these Terms of Use and Your access to Software, at any time and for any reason, without penalty or liability to You or any third party. In the event of Your breach of these Terms of Use, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to Us. Upon any termination of the Terms of Use by either You or Us, You must promptly uninstall the Software on all of Your Devices and destroy all materials downloaded or otherwise obtained from the Software, all documentation, and all copies of such materials and documentation. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Intellectual Property, Disclaimer, Limitations of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement and Severability.

  18. CHOICE OF LAW AND DISPUTE RESOLUTION

    1. These Terms of Use and any non-contractual obligations arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of the Russian Federation, excluding conflict of law provisions. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by the Russian Federation courts.

  19. ENTIRE AGREEMENT

    1. These Terms of Use and Privacy Policy constitute the entire agreement (the “Agreement”) between You and Us pertaining to the subject matter hereof. Anything contained in or delivered through the Software that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. These Terms of Use may not be modified, in whole or in part, except as described elsewhere in these Terms of Use.

  20. SEVERABILITY

    1. If any of the provisions of these Terms of Use are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

  21. ASSIGNABILITY

    1. You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Our prior written and explicit consent.
    2. You agree that these Terms of Use, Software Privacy Policy and/or the Agreement between You and Us, in general, may be assigned by Us, in Our sole discretion to any third party.

  22. NOTICES AND ELECTRONIC COMMUNICATION

    1. Any notice or other communication under these Terms of Use shall be in writing and shall be considered given and received when sent by email. The language of the communication shall be English or Russian.

  23. CONTACT US

Notices relating to these Terms of Use may be sent to You by email.

Please submit any notices to Us relating to these Terms of Use via email to info@dolphin.ru.com.