Definitions#
Akeda — Akeda LLC, Limited Liability Company «AKEDA» (Акеда, ООО), TIN (ИНН) 5003175505, KPP 500301001, PSRN (ОГРН) 1265000059213, providing access to the service. Full details are given in the last section of these terms.
Service — the Akeda ERP cloud business management system available through erp.akeda.ru and its companion applications.
Client — a legal entity or a sole proprietor who has accepted these terms.
Workspace — the client's working area in the service with its own database, members and data.
Member — a person the client has given access to their workspace.
Plan — the set of conditions published on the Pricing page: the modules included, the number of members and the storage in the package, the price per period and the price of the extras beyond the package.
Subscription — the right to use the service on the terms of the chosen plan during the paid period.
Billing period — the month or the year that has been paid for.
The Russian version of this document prevails; the English text is provided for convenience.
Subject matter and acceptance#
This document is a public offer by Akeda to enter into a paid services contract for access to the service (articles 435 and 437 of the Civil Code of the Russian Federation). The offer is addressed to legal entities and sole proprietors. It is not addressed to individuals acquiring services for personal needs.
Akeda gives the client access to the service over the internet on the terms of the chosen plan, and the client pays for that access. No copy of the software is handed over: the service runs on Akeda's equipment.
Acceptance — full and unconditional agreement with these terms — is any of the following actions by the client: registering a workspace, starting the trial period, or paying a subscription invoice. From that moment the contract is concluded on the terms of this offer.
The current revision is always available on this page. The revision number and date are shown in the document heading.
Workspace registration and the trial period#
The client registers a workspace themselves by providing an email address. Registration opens the trial period — 7 days free, with no bank card required. During the trial all modules of the service are available within the set limits on members and storage.
The trial period is granted to a workspace once. It is free of charge, and no refund applies to it.
When the trial ends, the client chooses a plan and pays for the subscription. If no plan is chosen, the workspace switches to read-only: the data stays, can be viewed and exported, and editing is suspended until payment.
The client is responsible for the accuracy of the information they provide, for keeping their members' credentials safe and for their members' actions in the workspace.
Plans, subscription contents and price changes#
Prices and plan contents are published on the Pricing page and form an integral part of these terms. Prices are stated in Russian roubles. VAT is not charged: Akeda applies the simplified tax system.
The client may change the plan at any time and add modules, member seats and storage beyond the package. When the plan is upgraded mid-period, the top-up is calculated pro rata for the days left in the period, and the amount is shown before confirmation. A downgrade and the removal of extras take effect from the start of the next billing period; the payment already made for the current period is not recalculated.
Akeda may change its prices. A new price is published on the Pricing page and applies to the client no earlier than the start of the next billing period. Akeda notifies the client by email of a price change for an active subscription at least 14 days before the period the new price applies to. The price of a period already paid for does not change. A client who does not accept the new price may terminate the contract before the new period begins.
Payment#
VAT is not charged. Akeda applies the simplified tax system, is not a value added tax payer and does not issue VAT invoices. The price of the services in an invoice is stated without VAT.
Payment is made in advance for a billing period — a month or a year, at the client's choice. The invoice is created in the workspace with the amount, the list of services, the payer's details and the payment purpose already filled in, and it can be downloaded.
Payment methods: bank card and the Faster Payments System — on the payment provider's page; bank transfer against the invoice — to Akeda's settlement account.
The client's payment obligation is discharged when the money reaches Akeda's account. Card and Faster Payments System payments are credited immediately, bank transfers as they arrive, usually within one or two business days. The subscription is extended once the money is credited.
Saving a card. When paying by card, the client may give separate consent to save it in order to pay for the following periods in a single action. The card details are kept by the payment provider; Akeda neither receives nor stores them — the workspace shows only the masked number, the expiry date and the payment system. No automatic charges are made without the client's action — the client confirms every payment made with a saved card. A saved card can be deleted in the workspace at any time.
The fiscal receipt required by Federal Law No. 54-FZ of 22 May 2003 is sent to the email address given by the client when payment is made by card or through the Faster Payments System.
If payment is late, Akeda notifies the client and allows time to pay, after which the workspace switches to read-only: the data stays in place, it can be viewed, exported and the invoice paid, while editing is suspended until the debt is settled.
Refunds#
The client may terminate the contract at any time by paying for the services actually rendered (article 782 of the Civil Code of the Russian Federation).
On termination in the middle of a paid period Akeda refunds the payment for the full days remaining in the period, less the value of the services rendered up to the day of termination and the costs actually incurred. The value of a day is the price of the billing period divided by the number of days in it.
How to claim a refund. Send a request to hello@akeda.ru from the address the workspace is registered to, or from the address of the client's authorised representative. State the workspace name, the number of the invoice paid and the reason for termination. Bank details are not needed if the payment was made by card or through the Faster Payments System: the money is returned the same way, to the same card or account it came from. For a bank transfer the refund goes to the payer's settlement account.
Timing. A request is reviewed within 10 business days of receipt. Card and Faster Payments System refunds are issued within the same period; the actual crediting depends on the issuing bank and usually takes up to 5 business days. A bank transfer refund is made within 10 business days of the decision.
A full refund is made if the money arrived by mistake or twice, or if access to the service was not provided for reasons attributable to Akeda.
No refund is made for the trial period, as it is free, or for periods during which the service was available and the client chose not to use it.
Subscription term, suspension and termination#
The contract is in force while the workspace subscription is in force. The subscription runs to the end of the paid billing period and is extended for the next period once payment is made. No automatic charges are made without the client's action.
Akeda may suspend write access to a workspace if payment is not received on time, and also if the actions of the client or their members threaten the operation and security of the service or break the law. Suspension does not destroy data: the workspace switches to read-only with export available.
Either party may terminate the contract by notifying the other. The client sends the notice to hello@akeda.ru; Akeda sends it to the email address given at registration at least 30 calendar days in advance, except where the client has broken the law.
After termination the workspace data is kept for 180 days from the day the workspace stopped working; within that period the client may request an export. Once the period ends, the data is destroyed irreversibly. A different retention period may be agreed by the parties in writing.
Rights and obligations of the parties#
Akeda undertakes to:
- give the client access to the service on the terms of the chosen plan and keep it operational;
- answer the client's messages at hello@akeda.ru on business days;
- give advance notice of planned maintenance;
- keep workspace data confidential and secure in accordance with Federal Law No. 152-FZ of 27 July 2006 and the Personal data processing policy;
- notify the client of a price change for a running subscription and of changes to these terms within the periods set below;
- at the client's request, make the client's data available for export through the service.
Akeda may:
- change how the service is built and arranged, and develop or replace its parts, without reducing the scope the client has paid for;
- change plans and these terms in the manner set out below;
- suspend write access in the cases expressly named in these terms;
- engage third parties to host servers, deliver email and take payments — they are named, together with exactly what goes to each of them, in the Policy;
- use anonymised information about how the service runs, without workspace contents, to develop the product and assess load.
The client undertakes to:
- pay for the subscription in the manner and within the periods set by these terms;
- give accurate information at registration and keep it up to date;
- keep members' sign-in credentials secret and tell Akeda at once if they become known to others;
- have a lawful ground for processing the personal data it uploads into the workspace, including the consents of the subjects of that data;
- use the service in accordance with the law of the Russian Federation and observe the restrictions set out in the next section.
The client may:
- use the service on the terms of the chosen plan;
- open and close access for its members and assign their rights;
- change the plan and add or drop add-ons in the manner set out above;
- export its data through the service at any time;
- terminate the contract in the manner set by these terms.
The client answers for the acts of its members in the workspace as for its own.
Restrictions on use#
When using the service it is not permitted to:
- give access to the workspace to third parties outside the client's own organisation, resell access, or provide services to others on the basis of it without Akeda's written consent;
- copy the service, reverse engineer, decompile or disassemble it, or build comparable products on its basis;
- circumvent plan limits, access control and protection mechanisms, or extract data by automated means other than the export facilities and the programming interface the service provides;
- create load that threatens the availability of the service for other clients;
- keep in the workspace material whose distribution is prohibited by the law of the Russian Federation, or use the service for unlawful activity;
- upload malware; files are scanned by an antivirus and an infected file is rejected.
Akeda may suspend write access to a workspace where a breach threatens the availability or security of the service or directly breaks the law. The client is told of the suspension and its reason, and access is restored as soon as the breach is remedied. Suspension does not destroy data: the workspace switches to read-only with export still available. Where breaches are repeated, Akeda may terminate the contract in the manner set out above.
Rights to the service and to the client's data#
The exclusive rights to the service, its source code, design, trademarks and documentation belong to Akeda. The client is granted the right to use the service for its intended purpose within the paid subscription. Copying, decompiling, giving third parties access outside one's own workspace and building competing products on the basis of the service are not permitted.
The data a client uploads into the workspace belongs to the client. Akeda acquires no rights to it, does not use it for its own purposes, does not pass it to third parties and does not disclose its contents, except where the law expressly requires it. The client may export their data through the service at any time.
Akeda may use anonymous data about how the service is used — with no workspace contents — to develop the product and assess load.
The client may be named as a user of the service only with their written consent.
Personal data and confidentiality#
Personal data is processed in accordance with the Personal data processing policy and the Consent to the processing of personal data, both of which form an integral part of these terms. By accepting the terms the client confirms that it has read both documents and has brought them to the attention of its members.
For the personal data a client uploads into its workspace the client is the operator. Akeda processes it on the client's instruction solely in order to provide the service and keeps it confidential and secure as required by Federal Law No. 152-FZ of 27 July 2006. The client answers for having lawful grounds to process such data, including the subjects' consents, and for its accuracy. This section constitutes the operator's instruction to the processor within the meaning of article 6 part 3 of 152-FZ.
The parties undertake not to disclose information about each other's business that becomes known to them, for the term of the contract and for three years after it ends.
Availability and liability#
Akeda makes reasonable efforts to keep the service available around the clock and gives advance notice of planned maintenance. Interruptions caused by planned maintenance, or by failures on the side of communication networks, data centres, payment providers and other third parties, are not a breach of the contract by Akeda.
Akeda is not liable for decisions the client makes on the basis of information from the service, for the accuracy of the data the client enters, or for loss of access caused by the client disclosing their credentials.
Akeda's liability under the contract is limited to the amount actually paid by the client for the billing period in which the ground for liability arose. Lost profit is not recoverable.
The client is responsible for the actions of their members in the workspace and for the compliance of their own business with the law.
Neither party is liable for failure to perform caused by force majeure.
Changes to the terms and dispute resolution#
Akeda may amend these terms. A new revision is published on this page and takes effect on the day of publication and, for active subscriptions, no earlier than 14 days after the client has been notified by email. A client who does not accept the new revision may terminate the contract as described above; continuing to use the service after the changes take effect means agreement with them.
The parties send documents and notices by email: to the client — to the address given at registration, to Akeda — to hello@akeda.ru. The parties recognise such correspondence as legally binding.
The contract is governed by the law of the Russian Federation. Disputes are settled through negotiation; a written claim is mandatory and must be answered within 15 business days. Unresolved disputes go to the commercial court at Akeda's location.
Final provisions#
These terms are drawn up in Russian. Where a translation into another language exists, the Russian text prevails.
If any provision of these terms is held invalid or unenforceable, the remaining provisions stay in force and the contract continues in the remaining part.
Akeda's failure to exercise a right upon a breach of these terms does not deprive it of that right later and is not a waiver of it for the future.
The client may not assign its rights and obligations under the contract to a third party without Akeda's written consent, except in cases of universal succession.
In everything not covered by these terms the parties are governed by the law of the Russian Federation, including the Civil Code of the Russian Federation and Federal Law No. 149-FZ of 27 July 2006 “On information, information technologies and the protection of information”.
Details#
Akeda LLC (Limited Liability Company «AKEDA»)
TIN (ИНН) 5003175505
KPP 500301001
PSRN (ОГРН) 1265000059213
Registered address: 142721, Moscow Region, Vidnoye, Prigorod Lesnoye (Misaylovo), Sovremennikov St. 2, unit 25N, Russia
Chief Executive Officer — Evgenia Sergeevna Oganesyan
Tax regime — simplified, «Income» at 6 %; Akeda is not a VAT payer
Bank details — stated on the invoice
Email: hello@akeda.ru
Telegram: @akeda_erp