1. General Provisions
1.1. Yandex.Cloud LLC (hereinafter referred to as the "Yandex") invites an Internet user (hereinafter referred to as the "User") to use Yandex.Cloud Platform service available at: https://cloud.yandex.ru, https://console.cloud.yandex.ru, https://cloud.yandex.сom, https://console.cloud.yandex.com (hereinafter referred to as the Platform).
1.2. The way the User uses the Platform is governed by these Terms and the following documents:
- Yandex.Cloud Service Terms: https://yandex.ru/legal/cloud_specialterms;
- Data Processing Addendum: https://yandex.ru/legal/cloud_dpa;
- Yandex.Cloud Acceptable Use Policy: https://yandex.ru/legal/cloud_aup
- User Agreement for Yandex Services: https://yandex.ru/legal/rules;
1.3. Further technical and organizational terms of how User may access and use Services are determined in Documentation posted on Site and/or in Management Console.
1.4. By starting to use the Platform and its certain functions, the User is deemed to have accepted these Terms and terms of all of the above documents, in full, without any reservations and exceptions. If the User does not accept any of the terms and conditions of the above documents, the User may not use the Platform.
1.5. Yandex and YANDEX LLC, respectively, may amend these Terms and the above documents without any special notice with new versions of the Terms and the said documents to become effective once posted online at the URLs specified in this clause and cl. 1.2 of these Terms, unless new versions of the Terms and the said documents specify otherwise. The current Terms are always available at: https://yandex.ru/legal/cloud_termsofuse.
1.6. If Yandex has made any amendments to these Terms as specified in cl. 1.4 of these Terms, and the User disagrees with these amendments, the User shall stop using the Platform.
1.7. By using the Platform the User is able to enter into a separate contract or agreement, including for value, between Yandex and the User, or a person on whose behalf the User acts, on the use of cloud services or software products that allows use certain categories of resources of Platform, unless otherwise specified by such a person, the User is deemed to be acting on behalf of such person, when the Platform is used by User.
1.8. Since the contract or agreement mentioned in cl.1.6 of these Terms is concluded, the use of the Platform by the User or the person on whose behalf the User acts are governed by the terms of such contract or agreement, except the use of the Platform not covered by such contract or agreement.
1.9. By using the Platform, the User gives his/her consent to receive advertising and informative messages. The User may unsubscribe from messages by using relevant functions of the Platform or following instructions specified in a message received.
1.10. Yandex may provide the User with a translation of these Terms from Russian into other languages. However, in the event of a conflict between the Terms in Russian and their translation, only the Russian version of the Terms will be legally binding.
1.11. These Terms and relations involving the use of the Platform are subject to the law of the Russian Federation, is a resident of the Russian Federation and the law of the Republic of Kazakhstan when the User is a resident of the Republic of Kazakhstan. Any claims or actions arising out of or in connection with these Terms or the use of the Platform shall be filed and reviewed in a court at the location of Yandex.
2. Use of the Platform. Certain Functions of the Platform
2.1. The Platform enables the User to get free access to information about the Platform and services available through the Platform and to use explicit functions of the Platform consisting of hardware and software located in Yandex's infrastructure, taking into account the cl. 1.6 and cl. 1.7 of these Terms.
2.2. To use any or all of the functions of the Platform, the User should use his or her account by logging in to the Platform with details of his or her account in the services of YANDEX LLC.
2.3. It is only possible to use the Platform with Internet access available. The User shall independently obtain and pay for such access under terms and as per tariffs of his or her telecom or Internet provider.
2.4. The User should only use the Platform to achieve his or her legal and bona fide goals. It is prohibited to use the Platform in violation of this clause, inter alia, to post information and materials on the Internet or on Yandex virtual servers that violate the current law, third-party rights, or the documents specified in cl. 1.2 of these Terms. Such use constitutes grounds for sanctions against User specified in these Terms.
2.5. The User may be able to create and manage User services and software both by the User him-/herself and by persons to whom the User granted access to such features of the Platform. In doing so, the User shall make these persons aware of these Terms and the documents specified in cl. 1.2 of these Terms, unless otherwise provided taking into account the cl.1.6 .and cl.1.7 of these Terms.
The User will manage the access of the said persons. The User will be held liable before Yandex for their actions, including violations of these Terms and the documents specified in cl. 1.2 of these Terms.
2.6. The User is hereby notified, understands, and agrees that Yandex may collect statistics on how the Platform is used.
2.7. The User agrees that when the Platform is used to create and manage the User services and software specified in cl. 2.5 of these Terms, such services and software as well as all the content they contain may be placed on Yandex software and hardware with or without the author and/or the rightholder indicated, with no obligation to report how such services and software are used, with no need to obtain a special permit from the User and with no remuneration paid, with no restrictions as to territory from which the User and third parties can access the said services and software and locations of Yandex resources, where copies of such services and software can be found, during the term from when the User placed such services and software on Yandex resources and till such services and software are deleted from Yandex resources, may be placed together with results of intellectual activities of any persons, regardless of their art value, in any sequence. At the same time, the User acknowledges and agrees that Yandex has no obligation to review and check such services and software (has no obligation to moderate them). If the User is not entitled to grant the said rights to use any service, software, their components, or content they contain to Yandex, he or she shall refrain from placing such service or software.
3. Limitation of liability
3.1. The Platform is provided "as is". Yandex provides no guarantees of error- and trouble-free operation of the Platform or its certain components and/or functions, fitness of the Platform for specific goals and expectations of the User, and provides no other guarantees, which are not expressly stated in these Terms.
3.2. Yandex shall not be held liable for any direct or indirect consequences of any use of or impossibility to use the Platform and/or any damage inflicted on the User and/or third parties as a result of any use of, failure or impossibility to use the Platform or its certain components and/or functions, inter alia, due to their possible errors or malfunctions, except as expressly stipulated by laws.
3.3. Yandex may set any limits and restrictions on the use of the Platform and may change them as it thinks fit, without prior notice.
3.4. Yandex may, as it thinks fit, limit or completely block User access to the Platform (or to certain features of the Platform, if technically feasible), if these Terms are violated, or take other measures against the User to comply with legislative requirements, rights, and legal interests of Yandex and third parties.
3.5. Yandex may, as it thinks fit, at any time block access for the persons specified in cl. 2.5 of these Terms without notice to the User and without giving reasons, unless otherwise provided taking into account the cl.1.6 .and cl.1.7 of these Terms.
4. Personal data
4.3. The User is hereby notified, understands and agrees that if the User gets access to the Platform from an organization (a legal entity or an individual entrepreneur) who pays Service Fee, in accordance with an agreement concluded between such an organization and Yandex, then such an organization can get access to the User's personal data used on Platform.
4.4. The User is hereby notified, understands, and agrees that Yandex may collect statistics on how the Platform is used.
5.1. Parties accept electronic communication, e-mails, and copies of texts in electronic documents (files) sent by Parties as binding, if such communication is provided in ways specified hereto.
5.2. Yandex may send any notices, messages, and documents to User by e-mail or by posting such notices, messages, and documents on Site and/or in Management Console and/or by SMS messaging to a mobile phone number, provided by User in Management Console.
5.3. Any and all questions and claims related to the use/unavailability of the Platform and possible infringements of laws and/or third-party rights shall be sent to firstname.lastname@example.org.
5.4. If for any reasons one or several provisions of this Terms are declared invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions of the Terms or documents referenced in the Terms.
Date of publication: 14.04.2023 г.
Previous version of the document: https://yandex.ru/legal/cloud_termsofuse/22042019.
Previous version of the document: https://yandex.ru/legal/cloud_termsofuse/04092018.