LLC «GSR System» (OGRN 1222000001750, INN 2014033514), hereinafter referred to as the «Licensor», and an individual or legal entity, hereinafter referred to as the «User», on the other hand, collectively referred to as the «Parties», have entered into this Agreement as follows:
This document is an official public offer (public offer) of the Licensor to a legal entity or individual to conclude a license agreement on the terms set out in the offer. The legal entity or individual who accepts this offer becomes the User.
Offer — this document “License Agreement Offer”, a public offer of the Licensor addressed to individuals or legal entities to conclude a license agreement with them (hereinafter referred to as the Agreement) on the terms contained in the Agreement.
Acceptance — full and unconditional acceptance by the User of the terms of the Agreement. Acceptance under this Agreement is any of the facts that occurred earlier:
1. Submission of an application by the User
2. Payment in accordance with the terms of this Agreement
1. Subject of the agreement
1.1. The Licensor undertakes to provide the User, for a fee, with the right to use object of intellectual property – Author’s methodology D.Yu. Ustinov “GSR – Deep Development System”, the right of use is transferred to the “First Module”, posted on the Internet page http://gsrsystem.getcourse.ru and any attached pages, under the terms of a simple (non-exclusive) license within the limits stipulated by this agreement (hereinafter referred to as the “License”). The author’s methodology involves the analysis of various situations and the elaboration of the User’s emotional state in a symbolic/game form, aimed at realizing and changing their general life motivation, strengthening self-confidence and subsequently achieving their desired goals.
2. Representations about the circumstances
2.1. The Licensor provides the User with assurances about the following circumstances:
2.1.1. The holder of the exclusive right to the License (Copyright Holder) is the Author Ustinov D.Yu. The licensor in accordance with clause 1 of Art. 1238 of the Civil Code of the Russian Federation received the consent of the copyright holder to grant the License to the User.
2.1.2. The Licensor is not required to obtain any other consent or authorization or license from third parties or government authorities to enter into and perform this agreement.
2.1.3. The licensor has a current state license to carry out educational activities No. L035-01275-20/00640130, issued by the Ministry of Education and Science of the Czech Republic.
2.2. The license is provided on an “as is” basis (AS IS), which means the User agrees that any author’s technique contains the author’s subjective approach and is not free from errors. The User assumes all risk associated with the use of the License. The User bears the risk of compliance of the License with his desires and needs, as well as the risk of compliance of the terms and scope of the rights granted with his desires and needs. The User undertakes to comply with the terms of use of the License (license conditions of the copyright holder) and is aware of the liability established by current legislation for failure to comply with these conditions. The User is notified that the use of the Author’s technique may influence the User’s attitude towards various areas of his life, forming the need for new changes in his emotional state. The User understands that the author’s methodology only provides the User with the opportunity for personal growth, self-knowledge and self-improvement, but in itself is not a guarantee of personal growth, deepening self-knowledge and self-improvement, the emergence and awareness of changes in his life and attitude towards it, which depend on many other factors, including the actions or inactions of the User himself, for which the User is solely responsible. In this regard, the User represents and warrants that he will not make the above claims to the Licensor.
2.3. The User hereby warrants and represents that it is the right and a capable subject without any restrictions, capable of understanding the meaning of his actions and managing them.
2.4. The User hereby warrants and represents that he is not in the process of personal bankruptcy and does not plan to initiate such a process in the next 6 months.
2.5. The user hereby, in accordance with Art. 178, 431.2 of the Civil Code of the Russian Federation guarantees and assures that he entered into this Agreement voluntarily, not under pressure, not under the influence of delusion or deception, the text of it has been read and understood by the User.
2.6. If the User has a spouse, the User hereby guarantees and assures that he has received the consent of the spouse in advance to conclude this agreement and make payments under it.
3. Procedure for granting a License
3.1. The Licensor is obliged to provide the User with the right to use the Author’s Methodology by providing access to materials and projects of the Author’s Methodology via the Internet, a link is sent to the User by using any messenger specified by the User. The User is granted access to these materials on on an indefinite basis, does not require renewal and\or additional payments.
3.2. The transfer of material media to the User is not carried out. The User has the right to print the provided materials according to the Author’s methodology and use them exclusively for personal needs.
3.3. The User has no right to make changes to the Author’s Methodology, compile, translate, use the Author’s Methodology as part of another result of intellectual property rights, distribute received materials, post on the Internet or otherwise publish in whole or part of the Author’s Methodology, use the Author’s Methodology for third parties without the separate express consent of the Licensor.
3.4. The parties do not draw up or sign the Transfer and Acceptance Certificate. The right to use the License is considered granted to the User from the moment of acceptance of this Agreement.
3.5. The User hereby gives the Licensor a perpetual irrevocable consent to use his feedback on the use of the GSR methodology without payment of remuneration on the Licensor’s Internet sites, in his social networks and Internet messengers, including, but not limited to: VKontakte, Instagram, Telegram, etc.
4. License fee
4.1. For granting a License to use the Author’s Methodology, the User pays the Licensor a fee in the amount indicated on the corresponding Internet page (VAT is not assessed).
4.2. The remuneration is paid by transferring funds to the Licensor’s bank account specified by the Licensor in the following order: one-time payment in the order of 100% prepayment.
4.3. The User’s obligation to pay remuneration to the Licensor is considered fulfilled from the moment funds are written off from the correspondent account of the User’s Bank. The User is not responsible for failure to meet payment deadlines if the User’s delay arose as a result of the Licensor providing inaccurate information required for payment, including information about accounts (current or otherwise) and details of the bank servicing the Licensor (BIC, correspondent account, address), or due to the fault of the bank servicing the Licensor.
5. Privacy and personal data
5.1. Information constituting the essence of protectable results of intellectual activity that became known to the User during the execution of this Agreement, and other information, are confidential and are not subject to disclosure without the written consent of the other Party.
5.2. The parties undertake to ensure the confidentiality of the information specified in clause 5.1 of this agreement.
5.3. The Parties’ obligation to maintain confidentiality remains for the entire duration of the agreement, i.e. indefinitely.
5.4. For the purpose of compliance by the Licensor with Russian legislation on personal data, the User — an individual hereby gives his consent to the collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer), depersonalization, blocking, destruction of the following personal data: last name; name; patronymic; registration addresses; series and numbers of identification documents or their replacements; telephone numbers; email addresses; nickname in the messenger and other data related to the conclusion and execution of this Agreement, for the entire duration of the Agreement and after its expiration.
6. Responsibility of the parties
6.1. The Party that fails to fulfill or improperly fulfills the obligations stipulated by this agreement shall be liable in accordance with this agreement and the current legislation of the Russian Federation, including compensating the other Party for all losses caused by such violation in full.
6.2. If third parties present to the User any claims and/or demands for violation of their rights as a result of the User’s use of the License in accordance with the terms of this Agreement, the Licensor undertakes to provide any necessary information and/or documents.
6.3. Use of the License in a manner not provided for by this agreement, or beyond the limits of the rights granted to the User under the agreement, entails liability for violation of an exclusive right established by the current legislation of the Russian Federation.
6.4. The Licensor has the right to terminate this Agreement unilaterally by notifying the User.
6.5. The User has the right to contact the Licensor with a request for a full or partial refund. In the application, the User must state the reasons for such a request and indicate his bank account details.
7. Force majeure circumstances
7.1. None of the Parties will be liable for failure to fulfill or improper fulfillment of its obligations by one of the Parties if proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unavoidable circumstances under the given conditions that arose after the conclusion of this agreement. Such circumstances include the Parties: fire, flood, earthquake, other natural disasters, war, hostilities, strikes, civil unrest, epidemics, blockade, embargo, adoption by public authorities and management of regulations that make it impossible for the Parties to fulfill or properly fulfill their obligations, etc.
7.2. In cases of occurrence of the circumstances provided for in clause 7.1. of this Agreement, the period for the Party to fulfill its obligations under the Agreement is extended in proportion to the time during which these circumstances and their consequences apply.
7.3. If the circumstances listed in clause 7.1. The Agreement, and/or their consequences continue to be in force for more than two months, this agreement can be amended or terminated ahead of schedule at the request of one of the Parties, provided that the execution of the agreement without changing its terms in the event of force majeure circumstances would significantly violate the ratio of the property interests of the Parties in accordance with the Agreement and would entail such damage for the interested Party that it would be significantly deprived of what it had the right to count on when concluding the Agreement.
7.4. The party citing the occurrence of force majeure circumstances, within 10 (ten) working days from the date of their occurrence, is obliged to provide an opinion from the chamber of commerce and industry or other authorized government body of the relevant region confirming the existence of these circumstances and their impact on the execution of the Agreement. In case of failure to provide supporting documents, the Party does not have the right to refer to force majeure circumstances.
8. Dispute resolution
8.1. All disputes not settled through negotiations arising in connection with the conclusion, amendment, termination, interpretation and validity of this agreement shall be resolved in accordance with the Legislation of the Russian Federation. The parties in accordance with Art. 32 of the Civil Procedure Code of the Russian Federation agreed on contractual jurisdiction for disputes from this Agreement — Leninsky District Court of Grozny (Chechen Republic), 364052, Grozny, st. Bibliotechnaya, 116.
9. Duration of the Agreement and final provisions
9.1. The Licensor is obliged to refrain from any actions that could impede the User’s exercise of the right granted to him to use the License within the limits stipulated by this agreement.
9.2. Nothing contained in this Agreement shall be construed as an agreement to merge, create a partnership or joint venture, or transfer copyrights more than expressly provided for in this Agreement.
9.3. The rights, obligations, and responsibilities of the Parties not regulated by this agreement are determined in accordance with the legislation of the Russian Federation,
9.4. The contract is valid for an indefinite period moment of acceptance, does not require extensions and\or additional payments.
9.5. The offer is valid from the date of publication on the Site until the date of revocation.
9.6. The Licensor has the right to change the Agreement. The Agreement is considered concluded on the new terms on the third day after the publication of the new version of the Offer, if the Licensor has not received an email from the User about the termination of the Agreement within three days.
9.7. The invalidity of individual terms of this agreement does not entail the invalidity of its other terms and/or the agreement as a whole.
9.8 All documents, including this agreement, notices, additional agreements, appendices, etc., sent by the parties to each other in pursuance of this agreement, certified by signatures and transferred to the opposite party via Skype or e-mail or via Internet messenger in the form of scanned documents in PDF/JPEG formats, are recognized by the parties as full-fledged legal documents. Scanned copies of these documents have legal force and can be used by the parties as written evidence in court.
9.9 From the moment of conclusion of this agreement, all previous correspondence, negotiations, concluded contracts, agreements, protocols on issues relating to this agreement lose legal force.
9.10. Emails sent from the User addresses specified during account registration are recognized as signed with a simple electronic signature, an analogue of a handwritten signature.