1.1 Service is an Internet resource available at the website: https://www.pastryevolution.com/ru/index.php#tarif_link (including all levels of the specified domain, both functioning as of the date of acceptance of the Agreement by the User, and launched, and put into operation throughout its term actions) and available to the User through the Site, the mobile version of the Site, as well as the Pastry Evolution application available for download on computers and / or phones, which together constitute a computer program. The Site and the Pastry Evolution application are presented in an objective form by a combination of data, commands and generated audio and visual information (including graphics and the user interface) intended for functioning on computers and mobile devices in order to obtain a certain result in the form of organizing the functionality of the Site and Pastry Evolution apps. A set of data and commands consists of activated and non-activated data and commands.

1.2 User is any individual who accesses the Service via the Internet using the Site and / or Application.

1.3 Administration is Individual entrepreneur Saba Dmitrievich Dzhandzhgava, who is the owner of all rights to the Service, as well as authorized persons who manage the Service on his behalf.

1.4 Service plan is a part of the functionality of the Service available to the User. The contents, cost and validity of the service plans are available at https://www.pastryevolution.com/ru/index.php#tarif_link.

1.5 Profile is a personal section of the Service, access to which is possible only with the login credentials.

1.6 Credentials are a unique username and password of the User, created during the registration process in the Service, used by the User to access to the Profile. The credentials as a whole are recognized by the Parties by means of a simple electronic signature and by analogy of the User’s manual signature upon conclusion of the Agreement and upon completion of other actions using the Service.

2.1 he Agreement governs the relationship between the Administration and the User arising from the use of the Service under the conditions specified in the Agreement.

2.2 The agreement is a public offer in accordance with Art. 437 of the Civil Code of the Russian Federation and represents a proposal containing all the essential terms of the agreement, according to which the Administration offers the User to conclude a license agreement regarding the use of the Service under the conditions suggested by the Administration.

2.3 The full and unconditional acceptance of the Agreement by the User is carried out by the User upon registration in the Service. In case of acceptance of this offer, a license agreement is concluded between the Parties in electronic form on the basis of clause 2 of Article 434 and clause 3 of article 438 of the Civil Code of the Russian Federation.

2.4 By accessing the Service and hereby concluding the Agreement, the User guarantees that they have all the rights and powers necessary to conclude and perform the Agreement.

2.5. The Agreement may be modified by the Administration at any time without any special notice to the User. The new version of the Agreement shall be effective as of the time of posting on the Site, unless the Administration has specified otherwise. The User shall regularly become familiarized with the current version of the Agreement. Changes made to the Service plans shall enter into force upon expiration of the validity of the paid Service plan.

3.1 The subject of this Agreement is the provision by the Administration of the access to the Service to the User in return for a fee.

3.2 The Administration provides maintenance of the following functions of the Service:

• access to the database of recipes (information about ingredients, cooking technology, list of flavors, properties, complexity and cooking time);
• access to the recipe builder (adjusting ingredients, forms, selection of flavor combinations, description of cooking technology);
• access to extended databases (VIP-base of flavor combinations, VIP-base of ingredients, VIP-base of recipes, etc.);
• access to 3D dessert designers;
• other functions of the Service determined by the Administration;

The list of available functions of the Service for a specific User is determined by the selected Service plan according to the information available at https://www.pastryevolution.com/ru/index.php#tarif_link.

3.3 The functionality of the Service can be expanded or reduced as the Service develops. Relevant information on the capabilities of the Service is posted on the Site in the Service plans section.

3.4 This Agreement under Art. 1235 of the Civil Code of the Russian Federation is a license agreement.

3.5 By registering in the Service, the User assures that they will use the Service solely under the terms of this Agreement, and only for personal purposes, without the right to transfer access to the Profile to third parties.

3.6 The user uses the Service at their own risk. The User shall be solely responsible to third parties for their actions related to the use of the Service, including for allergic reactions or food poisoning, alterations in the market value of ingredients, and the compliance of the presented recipes with the expectations of the User and third parties.

4.1 To use the functions of the Service, the User shall complete the registration, as a result of which a unique Profile is created for the User.

4.2 For registration purposes, the User undertakes to provide reliable and complete information about themselves regarding the questions suggested in the registration form, and to keep this information up to date. If the User provides incorrect information or the Administration has reason to believe that the information provided by the User is incomplete or false, the Administration has the right, at their own discretion, to block or delete the User account and deny the access to the Service to the User.

4.3 User registration in the Service is free, voluntary and is carried out in the corresponding section of the Service. When registering, the User provides the following personal information:

• Full name;
• Date of birth;
• Country;
• Information about education, experience and achievements;
• Personal photo;
• Phone number;
• E-mail;

4.4 In addition to the information specified in clause 3.3. of this Agreement, the Administration has the right, upon registration in the Service and at any time using the Service, to request information about the location of the User (country, city, street, house, apartment) to provide the full functionality of the Site.

4.5 After entering the data for registration, the User receives an email on the email address specified during registration with a confirmation link, on which it is necessary to click in order to complete the registration in the Service. The created login and password are subsequently used by them to access the Profile.

4.6 After the first registration in the Service, the User receives test access to all the functions of the Service intended for Users. The trial period is 7 calendar days after the registration in the Service.

4.7 If the User forgets the password specified during registration in the Service, the User shall create a new password through the Service functionality.

4.8 The user shall monitor the safety of their credentials, and not disclose them to third parties. The User does not have the right to transfer their Credentials to third parties, as well as directly or indirectly allow third parties to use their Credentials to access the Profile.

4.9 Any action performed from the User Profile using the User Credentials is considered an action committed by the User or their authorized person, and establishes the requirements and responsibilities for the User regarding such actions, including liability for violation of the Agreement.

4.10 The user shall immediately change the Credentials if they have reasons to suspect that third parties obtained access to such data.

5.1 The User understands and agrees that the Service is provided “as is” (including any further development and change thereof) and that the Copyright Holder is not responsible for any delays, failures, incorrect or late delivery, deletion or non-preservation of any user personal information.

5.2 Access is provided exclusively within the prepaid time period in accordance with the Service plans . Upon the expiration of this period and in the absence of a written claim by the User, the obligations of the Administration to provide access to the Service and maintain the operation of the Service are deemed to have been duly performed.

5.3 When accessing the Service, it is prohibited to violate the information security of the Service, including:

• bulk upload (parsing) of data;
• attempt to check the security vulnerability by violation of registration and authorization without permission;
• imitation and / or forgery of any header of the TCP / IP packet or any part of the head in any email or material posted on the service;
• access, use, copying, adaptation, modification, performance of derivative works, distribution, transfer, display, performance or other use of the Service in unacceptable or unauthorized ways or in ways that create a load on the services, worsen their work or harm our users or other persons;
• reverse engineering, changing, modifying, creating derivative works, decompiling or extracting code;
• sending, storing or transmitting viruses or other computer code;
• obtaining or attempting to obtain unauthorized access to the Service;
• tampering or violation of the integrity or operation of the Service;
• receiving information from users or about users of the Service in unacceptable or unauthorized ways;
• sale, resale, lease of the Profile in the Service, other actions carried out with the aim of making a profit as a result of the distribution of personal access to the Service;
• creating software or API whose functions essentially coincide with the functions of the Service, and offering third parties to use them.

5.4 Customer support and advice are provided by e-mail: support@pastryevolution.com.

5.5 The User recognizes that all rights to the Service belong to the Administration, and the User and other persons have no right to:

• copy or modify the Service and its components;
• create programs that are derivative of the Service;
• penetrate the Service software;
• use the Service for purposes other than those specified in this Agreement;
• modify the Service, including for the purpose of obtaining unauthorized access;

5.6 The User recognizes that all rights to the content posted on the Service belong to the Administration or to the Users who posted it. Copying and other use of the results of intellectual activity by any of the methods under Art. 1270 of the Civil Code of the Russian Federation without the additional written consent of the copyright holder is not allowed.

6.1 The User pays the Administration access to the Service in accordance with the Service plans posted on the Site at: https://www.pastryevolution.com/ru/index.php#tarif_link. The Administration unilaterally establishes the cost and conditions for providing access to all Service plans by posting information about them on the Site taking into account the provisions of clause 2.5 of the Agreement.

6.2 Payment for Access is made by the User in Russian rubles by bank transfer to the current account of the Copyright Holder through acquiring.

6.3 Access is provided to the User on a prepayment basis. The user makes a prepayment in the amount of 100% (one hundred percent) of the cost of the selected Service plan.

6.4 After the first payment, the User is provided with an auto payment service, User has the right to refuse it at any time through the Service functionality. Until the User’s refusal, the funds to be paid for access to the selected Service plan for the next period will be debited from the User’s card account added to his Profile in the amount of the Service plan automatically (without additional confirmation from the User) for 1 calendar day before expiry day of the previous paid period. If there are no enough funds in the account of the User’s bank card added to the Profile, or the withdrawal of funds from the User’s bank card does not occur automatically for another reason, access to the Service is suspended. After suspension of access to the Service, the Administration makes 3 (three) attempts to update payment information. In case of successful debiting of funds in the amount of the cost of the connected Service plan, access to the Service is renewed.

7.1. When using the Service, the user shall not:

7.1.1. register as a User on behalf of or instead of another person. At the same time, it is possible to register on behalf of another private person, on behalf of an individual entrepreneur or legal entity, provided that the necessary powers are obtained in the manner and form specified by the legislation of the Russian Federation;

7.1.2. mislead Users about their identity using the username and password of another registered User;

7.1.3. upload, store, publish, distribute and provide access to or otherwise use any information that:

• contains threats, discredits, insults, denigrate the honor, dignity or business reputation or violates the privacy of other Users or third parties;
• violates the rights of others;
• is vulgar or obscene, contains materials (pictures, texts, scenes) with sexual content;
• contains scenes of animal cruelty;
• contains a description of the means and methods of suicide, any incitement to commit it;
• promotes and / or fuels racial, religious, ethnic hatred or enmity, propagates fascism or ideology of racial superiority;
• contains extremist materials;
• promotes criminal activity or provides advice, instructions, or guidelines for committing criminal acts;
• contains information of limited access, including without limitation, state and commercial secrets, information about the privacy of third parties;
• contains advertisements or describes the attractiveness of the use of narcotic agents, information on the distribution of drugs, recipes for their manufacture and tips for using;
• is fraudulent;
• violates other rights and interests of citizens and legal entities or the requirements of the legislation of the Russian Federation.

7.1.4. illegally upload, store, publish, distribute and provide access or otherwise use the intellectual property of other Users, the Administration and third parties;

7.1.5. use the software and carry out actions aimed at violating the normal functioning of the Service or the personal pages of other Users;

7.1.6. upload, store, publish, distribute and provide access to or otherwise use viruses, Trojan codes and other malicious software;

7.1.7. try to access the credentials of another User by any means, including without limitation, by deceit, breach of trust, hacking;

7.1.8. carry out illegal collection and processing of personal data of other persons;

7.1.9. use the Service in any other way, except through the interface provided by the Administration;

7.1.10. reproduce, duplicate, copy, sell, carry out trading operations and resell access to the Service;

7.1.11. post any other information that, in the opinion of the Administration, is undesirable, does not meet the purposes of creating the Service, infringes the interests of Users or for other reasons is undesirable for posting;

7.2. The User is personally responsible for any information that they post when using the Service, report to other Users, as well as for any interactions with other Users at their own risk.

7.3. If the User does not agree with the Agreement or amendments or additions to the Agreement, the User shall refuse further use of the Service.

8.1. The User shall be responsible for the actions performed on the Site in accordance with the current legislation of the Russian Federation, including responsibility for the posted content. The Administration under no circumstances bears responsibility for the actions of Users in the Service, including in case of violation of copyright and exclusive rights of third parties.

8.2. The User, posting content in the Service, including recipes, guarantees the availability of copyright and exclusive rights to it. In the case of claims to the content posted by the User, the Administration has the right to remove the content without additional proceedings, as well as redirect claims to the User. The User undertakes to settle all claims arising from the content posted by them in the Service independently and individually, without involving the Administration.

8.3. The Administration does not guarantee that the Service will be uninterrupted or error-free. In the event of errors and failures, the Administration shall eliminate them as soon as possible.

8.4. The User agrees that any information transfer over the Internet, including through secure communication channels in encrypted form, cannot be guaranteed to be protected from unauthorized access to it by third parties. In this regard, the Service is not responsible for any damage caused to the User due to unauthorized access of third parties to the information of the User.

8.5. The Administration has the right to dispose of statistical information related to the functioning of the Service, as well as information from Users to ensure targeted advertising to various audiences of Site Users. For the purposes of organizing the functioning and technical support of the Service and the execution of the Agreement, the Administration has the technical ability to access the personal pages of Users, which it implements only in cases established by the Agreement.

8.6. The Administration has the right to send the User information about the development of the Service and its functions, as well as advertise its own activities. The Administration is not liable to the User or to any third parties for any indirect, incidental, unintentional damage, including expectation loss or lost data, harm to honor, dignity or business reputation, caused by the use of the Service, the contents of the Service or other materials to which Users or other persons obtained access through the Service.

9.1. If the User violates the terms of this Agreement, the Administration has the right to unilaterally refuse to execute the Agreement and delete the User Profile by sending the User a notification by email specified by the User in the Profile, while the recalculation or refund of the money paid for access provided according to the Service plans is not carried out..

9.2. The User can unilaterally terminate this Agreement by sending a corresponding application to the e-mail address support@pastryevolution.com, while the recalculation or refund of the money paid for access provided according to the Service plan is not carried out. In this case, the User Profile is deleted, but the content posted by the User, including added ingredients and recipes are not saved, except in cases specified in clause 4.6 of this Agreement.

9.3. If the User does not agree with the changes in the terms of the Agreement in accordance with clause 2.5 of this Agreement, the User has the right to unilaterally refuse to use the Service within three calendar days after the new version of the Agreement is posted on the Site.

10.1. The Agreement enters into force from the moment of its acceptance by the User and is valid until the new version of the Agreement is adopted.

10.2. In the event of a dispute between the Administrations and the User related to the execution of the Agreement, it is resolved by agreement of the Parties or, if it is impossible to reach agreement, it is resolved in accordance with the current legislation of the Russian Federation in the court at the location of the Administration. Applicable law is the law of the Russian Federation.

10.3. Prior to applying to the appropriate court, the Party concerned sends a claim to the other Party, the response period for which is 20 (twenty) calendar days from the date of its receipt.

10.4. All amendments to this Agreement, correspondence between the Parties, notifications and appeals are carried out exclusively in Russian.