Terms of Use

These Terms of Use (the “Terms”) govern the relationship between:

• the Provider — Limited Liability Company “ASINTEX” (ASINTEX LLC; in Russian: Общество с ограниченной ответственностью «АСИНТЕКС», ООО «АСИНТЕКС»), OGRN 1252300041608, INN 2312337130, KPP 231201001, address: 350059, Russian Federation, Krasnodar Krai, Krasnodar, Yaltinskaya Street, building 14, premises 204 (in Russian: 350059, Краснодарский край, г. Краснодар, ул. Ялтинская, д. 14, помещ. 204). General e-mail: info@jarbi.ru; support — support@jarbi.ru; personal data processing matters — privacy@jarbi.ru.
• the User — a natural person or a legal entity that registers with and/or uses the Jarbi («Джарби») service available at https://app.jarbi.ru (the “Service”).

These Terms constitute a public offer in accordance with Article 437 of the Civil Code of the Russian Federation. Registration in the Service or the start of its actual use is deemed acceptance of the offer (Article 438 of the Civil Code of the Russian Federation). From the moment of acceptance, a contract on the terms of these Terms is deemed concluded between the Provider and the User.

Jarbi is a web service for personal planning and for managing tasks, objects, goals and knowledge. The Service includes, in particular, functions for capturing and processing incoming tasks (Inbox), the priority pyramid, working with tasks, objects (including objects of the user’s own types and their fields), tags, notes and habits, the “Graph” of linked records, files and images in texts.

The Service is constantly evolving. How its functions, the Limits of free use and the Terms themselves change is set out in section 12.

• Registration is carried out by providing a valid e-mail address and a password that meets the security requirements of the Service.
• The User confirms that the data provided during registration is accurate and undertakes to keep it up to date.
• One user may register one account. Creating multiple accounts in order to circumvent restrictions is prohibited.
• Registration of persons under 16 years of age is not permitted.
• Actions performed in the Service after authentication (signing in with the e-mail address and password) are deemed to have been performed by the User and are recognised as signed with the User’s simple electronic signature (Article 9 of Federal Law No. 63-FZ of 6 April 2011 “On Electronic Signature”); the key of the simple electronic signature is the combination of the User’s e-mail address and password. Electronic documents, including consents, generated through such actions are recognised as equivalent to paper documents signed with the User’s handwritten signature.

• The User must keep the password secret and must not disclose it to third parties.
• All actions performed under the account are deemed to have been performed by the User until the User notifies the Provider of the loss of control over the account.
• The Provider may temporarily suspend access to the account if it detects signs of unauthorised access, suspicious activity or a breach of these Terms, notifying the User by e-mail.

The User is prohibited from:

• using the Service for purposes that violate the legislation of the Russian Federation or the applicable law of the foreign state of which the User is a citizen or resident;
• uploading to the Service materials containing malicious code or spam, materials that infringe intellectual property rights or the rights to privacy, honour and dignity of third parties, extremist or terrorist materials, or pornographic materials, including those involving minors;
• attempting unauthorised access to the Service, its components, other users’ accounts or the server infrastructure, or carrying out load, scanning or other automated attacks without the Provider’s written consent;
• reverse engineering, decompiling or disassembling the software of the Service, except in the cases and to the extent expressly permitted by mandatory rules of applicable law;
• extracting data from the Service by automated means (scraping) to an extent that disrupts the normal operation of the Service, without the Provider’s written consent;
• reselling access to the Service or providing it to third parties without the Provider’s written consent.

The User retains all rights to their own content (tasks, objects, tags, notes, habits, files and images in texts, etc.).

To make the provision of the services technically possible, the User grants the Provider a royalty-free non-exclusive licence to reproduce, store, display and process the content within the Service. The licence is valid for the period necessary to provide the services and terminates upon deletion of the content or closure of the account.

The User’s personal content (tasks, objects (including objects of the user’s own types and their fields), tags, notes, habits, “Graph” links, files and images in texts) is visible only to the User. The Provider does not view it and does not systematically monitor it, except where this is necessary to fix a technical fault at the request of the User or to comply with a reasoned request of a competent authority.

Public content. Certain functions of the Service make part of the content available to other users: the nickname and the public League profile, public super goals, the leaderboard, “mentor — mentee” links and messages within mentorship (the “Public Content”). Publishing such content is a voluntary action of the User.

Zero tolerance for objectionable content. The following is prohibited in Public Content: insults, harassment and threats against other users; incitement of hatred and enmity; obscene language and pornographic materials; calls for violence and unlawful acts; spam, advertising and fraudulent schemes; impersonation of another person; publication of third parties’ personal data without their consent. By publishing content, the User confirms that it does not violate these prohibitions.

How moderation works. The Service provides:

• automatic screening of nicknames against a list of prohibited words when they are chosen and changed;
• the “Report” button in public profiles and the leaderboard — the report is placed in the Provider’s moderation queue;
• the “Block” button — the blocked user is hidden from the reporting user in the leaderboard, search and profiles; the block list and unblocking are available in the “Account” section;
• review of reports by the Provider and measures based on the results: hiding the public profile, revoking the nickname, restricting access to League functions, suspending or terminating access to the Service.

The Provider reviews reports about Public Content within a reasonable time, as a rule within 24 hours of receipt, and may take the above measures without prior notice if the content manifestly violates the law or these Terms. A User who disagrees with a measure taken may write to support@jarbi.ru.

The Provider also restricts access to content upon receipt of a reasoned request from competent authorities or a rights holder.

The Service currently has no features based on artificial intelligence. If such features appear, the Provider will publish their description and terms in these Terms and in the Privacy Policy before enabling them. Features that send the User's data to artificial intelligence models for processing are enabled only with the User's separate consent, which can be withdrawn at any time.

The core functions of the Service (Priority Pyramid, tasks, objects, tags, habits) are provided free of charge. The terms of paid functions — their scope, price, payment procedure, auto-renewal, cancellation and refund — are set out in the Paid Subscription Offer, which is a separate document. The contract for paid functions is deemed concluded from the moment of acceptance of the Offer in the manner provided for by the Offer.

As of the effective date of this version, taking out a paid subscription is not open to all Users: the payment function is so far available only to a limited number of accounts. Until payment is opened, the Service is used free of charge and no amounts are charged to the User. Users will be notified of the start of generally available payment acceptance in the manner set out in section 12 of these Terms.

The material terms of paid functions are changed in the manner set out in the Paid Subscription Offer: the User is notified of changes that worsen their position no later than 14 calendar days before they take effect, and of a new price no later than 30 calendar days before the end of the paid period; a charge at the new price is made only with the User’s new consent. The changes do not apply to a period that has already been paid for.

Relations arising from paid functions are governed by the provisions of Law of the Russian Federation No. 2300-1 of 7 February 1992 “On Protection of Consumer Rights”.

The exclusive rights to the software of the Service, its design, the user interface, the Jarbi («Джарби») trademark, logos and other means of individualisation belong to the Provider or have been granted to it on lawful grounds. Use of these objects without the Provider’s written consent is not permitted, except in cases expressly permitted by applicable law.

Information about third-party libraries and trademarks used in the Service is provided on the Licences page.

10.1. “As is”. The Service — the web version and the mobile applications, free and paid functions — is provided “as is”: with the set of functions and in the condition in which it is available to the User at the time of use. The Provider does not promise that the Service will be suitable for the User’s specific purposes, will work without interruptions and errors on any device and in any network, or that certain functions will be retained in it or added to it, except as expressly provided for by these Terms and the Paid Subscription Offer.

10.2. What the Provider does to keep data safe and the Service running. The Provider exercises the care and diligence that can reasonably be expected of a conscientious developer of a similar service. To this end, it maintains a system of measures which includes, in particular:

• automatic scheduled backups of Users’ data at least once a day, with the backups stored in encrypted form, including in another data centre;
• automatic monitoring that backups are completed and regular checks that data can be restored from backups;
• round-the-clock automated monitoring of the operation of the Service and fixing of failures within a reasonable time;
• where possible, advance notice in the Service of scheduled maintenance during which the Service will be unavailable.

If an individual backup operation is not completed, the Provider eliminates the cause and performs the backup within a reasonable time. The Provider may change the specific technical means while maintaining a comparable level of data protection.

10.3. What cannot be ruled out completely. The User understands that no online service can completely rule out software errors, equipment failures and accidents, including at hosting providers and telecom operators, or attacks on infrastructure. In the event of an accident, the Provider restores the User’s data free of charge from the latest available backup. Changes made after it was created (as a rule, no more than within the last 24 hours) may be lost. Changes made in the mobile application without an internet connection are stored on the device until they are synchronised with the Service. If the device is lost or the application is deleted before synchronisation, such changes may be lost.

10.4. Recommendations to the User. For important information, the Provider recommends that the User periodically save a copy of their data with the “Download my data” function in the “Account” section, not keep in the Service the only copy of information whose loss may cause significant damage, and not rely solely on the Service’s reminders for deadlines whose omission has significant consequences (for example, procedural, tax or contractual deadlines). If the User discovers that their data has been lost or damaged, they should report it to support@jarbi.ru as soon as possible, preferably within 7 days: daily backups are kept for a limited time, and the sooner the Provider learns about the problem, the more completely it can restore the data. For a User to whom clause 10.7 does not apply, this is a recommendation: their rights do not depend on following it.

10.5. Use of the Service without payment. This clause applies if, at the time of the breach, the User’s access to paid functions has not been paid for either by the User or by another person for the User’s benefit, including where such access has been granted free of charge. In this case the Service is provided free of charge, and provisions of law that apply only to contracts for consideration do not apply to such use. The Provider is liable to such a User only for an intentional breach of obligations and for a breach resulting from gross negligence. In the case of gross negligence, only actual damage is compensated; lost profits are not compensated. In the event of loss of or damage to data, actual damage means the reasonable costs of restoring it. This clause does not release the Provider from the obligation to restore data from a backup (clause 10.3) and does not apply in the cases specified in clause 10.8.

10.6. Paid functions. The Provider’s liability when providing paid functions is determined by the Paid Subscription Offer and the legislation of the Russian Federation. If the User has acquired paid functions for personal, family, household and other needs not related to business activities, the User’s rights are determined by the Law of the Russian Federation “On Protection of Consumer Rights” and are not limited by these Terms; clauses 10.5 and 10.7 do not apply to such relations, and the Provider is liable to such a User for its contractors as for itself (clause 10.11).

10.7. Users that are legal entities and entrepreneurs. This clause applies if the Service is used by a legal entity, an individual entrepreneur or a citizen in connection with their business activities and such a User’s access to paid functions has been paid for; if access has not been paid for, clause 10.5 applies. The Provider is liable to such a User only if it is at fault and only for actual damage. Lost profits, damage to business reputation, penalties, fines, compensation and other amounts that such a User has paid or must pay to third parties, as well as losses from lost customers or deals, are not compensated. In the event of loss of or damage to data, actual damage means the reasonable costs of restoring it. The amount of compensation does not exceed the amount paid by this User to the Provider for paid functions during the 12 months before the breach. This cap is common to all claims of such a User for breaches committed within 12 months from the day of the first of them and is calculated as of the date of the first breach. Such a User must keep copies of data whose loss may cause them damage (clause 10.4) and notify the Provider of loss of or damage to data no later than 7 days after becoming aware of it; losses that could have been avoided by fulfilling these obligations are not compensated. The limitations of this clause do not apply in the cases specified in clause 10.8.

10.8. What is not limited. Clauses 10.5, 10.7 and 10.11 do not limit the Provider’s liability:

• for an intentional breach of obligations;
• for harm to life and health;
• for breaches related to unlawful or accidental access to personal data, its dissemination or disclosure to unauthorised persons, or for compensation for non-pecuniary (moral) damage for violation of the rights of the personal data subject;
• in other cases where the law does not allow liability to be limited.

In addition, the limitations of clause 10.7 do not apply to a breach resulting from the Provider’s gross negligence. The Provider’s obligations as a personal data operator established by Federal Law No. 152-FZ of 27 July 2006 “On Personal Data”, including the obligations to protect data and to notify of incidents, are not limited by these Terms.

10.9. Force majeure. The Provider is not liable for failure to perform its obligations caused by force majeure, that is, by circumstances that are extraordinary and unavoidable under the given conditions. These may include, in particular, natural disasters, fires, military operations, attacks, including with the use of unmanned aerial vehicles, on data centres, communication lines and power supply, mass power and communication outages caused by external factors, and acts of state authorities that make performance impossible, including where such circumstances have affected the Provider’s contractors. A failure, error or non-performance by a contractor of the Provider (a hosting provider, a telecom operator, a bank and others) is not in itself force majeure. The Provider is released from liability only if it could not prevent the consequences of such circumstances by the measures described in clause 10.2, including by restoring the operation of the Service and the data from backups stored in another data centre. The Provider reports such circumstances in the Service or by e-mail as soon as this becomes possible, keeps supporting information and restores the operation of the Service within the shortest reasonable time.

10.10. Content and third parties. The User is responsible for the content they place in the Service, including information about other people. The User is also responsible for the decisions they make on the basis of the Service’s data. If a third party makes a claim against the Provider because of the User’s content or actions that violate these Terms or the law, the User compensates the Provider for the losses incurred in this connection. The Provider is not responsible for the content of third-party websites and services to which the Service contains links, or for the operation of third-party calendars, app stores, e-mail services used by the User and the User’s devices, unless the failure is caused by the Provider’s actions.

10.11. The Provider’s contractors. To operate the Service, the Provider engages contractors: a hosting provider, backup storage, push notification delivery services and e-mail services. Their list and role are set out in section 4 of the Privacy Policy. The Provider is liable to the User for their actions, except where the law places liability on the contractor itself. In relations to which clause 10.7 applies, the Provider is released from liability for non-performance caused by a failure at a contractor if it proves that it chose the contractor with due care, took the measures described in clause 10.2 and restored the operation of the Service and the data within a reasonable time. This release does not apply to other Users, including a User who is a consumer (clause 10.6).

The User may at any time stop using the Service and delete the account via the Service interface or by sending a request to support@jarbi.ru. Deletion of the account at the User’s request entails immediate (hard-delete) deletion of the account data and user content, including the user directory with files. Recovery is not possible. For details, see the Privacy Policy.

The Provider may suspend or terminate the User’s access to the Service in the event of a material breach of these Terms — with prior notice by e-mail, except where notice is impossible for technical reasons or sending it would make it impossible to prevent the breach.

12.1. The Service evolves: the Provider adds, changes and removes functions, and changes the interface, technical means, quantitative restrictions of free use (Limits), supported devices and application versions. The subject matter of the contract is the Service in the form in which it is available to the User at the time of use (clause 10.1); therefore, such changes are not changes to these Terms. Daily notes (notes of the day) do not count towards the Limit on the number of objects (“Objects”).

12.2. If a change noticeably worsens the User’s possibilities — for example, one of the core functions is removed or the Limits of free use are reduced — the Provider announces it in the Service no later than 14 calendar days before the change. The data created by the User is retained and remains available for viewing, deletion and download with the “Download my data” function, including in excess of the new Limits. Changes necessary to eliminate a security threat or to comply with the requirements of the law, public authorities or app stores may be introduced without prior notice; the Provider reports them as soon as this becomes possible.

12.3. The procedure for changing paid functions is determined by the Paid Subscription Offer; during a paid period they are not made worse.

12.4. The Provider may discontinue the Service as a whole or a particular version of it (for example, the application for one of the platforms) by announcing this in the Service and by e-mail no later than 30 calendar days in advance. During this period, the User may download their data. The rights of a User who has paid for paid functions are in this case determined by the Paid Subscription Offer and by law.

12.5. The Provider may set out these Terms in a new version. The new version is published at https://app.jarbi.ru/legal/terms with the date from which it applies. The Provider reports changes to the rights and obligations of the parties within the Service and by e-mail no later than 14 calendar days before they take effect. Clarifications that do not change the rights and obligations of the parties, as well as changes required by law, take effect on the day of publication unless the law sets a different period.

12.6. If the User does not agree with the new version, the User may, before it takes effect or at any time afterwards, stop using the Service and delete the account. Continued use of the Service after the new version takes effect means that the User agrees to it. A User who has paid for paid functions may also cancel them with a refund for the unused period in the manner set out in section 10 of the Paid Subscription Offer.

12.7. A new version does not worsen the terms on which the User has already been granted access to paid functions for a certain period — paid for or free of charge.

These Terms are governed by the law of the Russian Federation. A User who is a consumer may bring a claim, at their choice, before the court at their place of residence or stay, at the place where the contract was concluded or performed, or at the location of the Provider (Article 17 of the Law of the Russian Federation “On Protection of Consumer Rights”). Disputes with other Users are considered by the court at the location of the Provider.

The User may send a claim to support@jarbi.ru. The Provider responds to it within the period established by law, and if the law does not establish a period — within 30 calendar days of its receipt. The Provider responds to a refund request no later than 10 days after its receipt. For a User who is a consumer, sending a claim is not a mandatory condition for going to court.

• If any provision of these Terms is held invalid, the remaining provisions remain in force.
• Section headings are used solely for convenience and do not affect interpretation.
• The current version of the Terms is available at https://app.jarbi.ru/legal/terms.

• General enquiries: info@jarbi.ru
• Support (including technical support): support@jarbi.ru
• Personal data processing matters: privacy@jarbi.ru
• Phone: +7 (916) 555-55-12