LICENSE AGREEMENT
IMPORTANT! Before you begin any use of the computer programs listed below, carefully read the terms of use contained in this Agreement. Installing, launching or otherwise starting to use the Program means the proper conclusion of this Agreement and your full agreement with all its terms. If you do not agree to unconditionally accept the terms of this Agreement, you are not entitled to use the Program.


LICENSE AGREEMENT

This License Agreement applies to the Computer Program: "FXMONITOR"

1. BASIC TERMS

1.1. Licensor - Individual Entrepreneur Valery Shklovskiy, Taxpayer Identification Number (INN) 366220954560, Primary State Registration Number (OGRN) 314366825200308.

1.2. Licensee - any individual or legal entity that has the right to use the Program in its interest in accordance with the requirements of the current legislation of the Russian Federation and this Agreement.

1.3. Program - The FXMONITOR computer program (both in general and its components), which is an objective set of data and commands, including source code, database, audio-visual works included by the Licensor in the specified computer program, as well as any documentation on its use.

1.4. Use of the Program - the use of functionality and / or launch in the manner specified by the user (technical) documentation and this Agreement.

1.5. Authorized user - a user registered by the Licensee in the Program and authorized at least once.

1.6. An account is an information resource that is a combination of the data of one copy of the Program with a unique identifier, with the help of which program objects are grouped for their joint display and use.

1.7. Technical support - measures carried out by the Licensor to the extent and extent established by him to ensure the functioning of the Program, including information and consulting support to the Licensees on the use of the Program.

1.8. Agreement - a document on the basis of which the Licensor (or other person having the appropriate rights) provided the Licensee with the Program for its use on the terms of this Agreement.

1.9. Registration is the action of the Licensee aimed at creating an Account, carried out in the manner and for the purposes provided for by the license of the corresponding type.

1.10. Account - an entry in the Licensor's system (username / password pair or a special api-key) that stores data that allows identifying and authorizing the Licensee and the authorized user.

1.11. Type of license - a tariff plan selected by the Licensee, according to the Price List of the Licensor, published on the Internet at the following address: https://help.fxmonitor.online/en

1.12. API (Application Programming Interface) - the interface of the interaction of the system with third-party applications by using public methods published by the Licensor.

2. SUBJECT OF THE AGREEMENT

2.1. The Licensor grants the Licensee the right to use (a simple non-exclusive license) of the Program within its functionality by playing the program (connecting to the Program via the Internet), exclusively for independent use by the Licensee without the right to sublicense to third parties.

2.2. This Agreement is concluded before or immediately at the time of starting to use the Program and is valid for the entire period of its legitimate use by the Licensee within the validity period of the copyright to it, subject to the proper observance by the Licensee of the terms of this Agreement.

2.3. The Licensor grants the Licensee the right to use the Program without restriction on the territory in the manner and on the conditions provided for by the current legislation of the Russian Federation, the Agreement and this Agreement.

3. COPYRIGHTS AND TRADEMARKS

3.1. The program is the result of intellectual activity and the subject of copyright (Computer Program), which are regulated and protected by the legislation of the Russian Federation on intellectual property and international law.

3.2. The algorithms of the Program and its source codes (including their parts) are the commercial secret of the Licensor. Any use of them or the use of the Program in violation of the terms of this Agreement is considered as a violation of the rights of the Licensor and is a sufficient basis for depriving the User of the rights granted under this Agreement.

3.3. The Licensor guarantees that it has all the necessary rights to the Program to provide them to the Licensee, including the documentation for the Program.

3.4. Responsibility for copyright infringement occurs in accordance with the current legislation of the Russian Federation.

3.5. By this Agreement, the Licensee shall not be granted any rights to use the Trademarks and Service Marks of the Licensor and / or its partners.

3.6. The Licensee may under no circumstances remove or make invisible information and information about copyrights, trademark rights or patents specified in the Program.

4. TERMS OF USE OF THE PROGRAM AND RESTRICTIONS

4.1. Licensee is granted the right to Register under this License Agreement.

4.2. Registration is carried out by the Licensee independently by creating and specifying your account.

4.3 The Licensee has the right under this License and in accordance with the selected type of License to place the data belonging to it in the Account, if this does not violate this License Agreement and the Legislation of the Russian Federation.

4.4. The Licensee has the right to modify, add or delete the Program files only in cases provided for by the legislation of the Russian Federation on copyright.

5. ASSIGNMENT (TRANSFER) OF RIGHTS

5.1. The Licensee, with the exception of cases established by this Agreement, has the right to cede once in full its rights and obligations under this Agreement to another authorized user.

5.2. Assignment (transfer) of rights and obligations is carried out only with the full and unconditional consent of the new Licensee with all the terms and conditions of this Agreement and the Agreement.

5.3. The Licensee is obliged to provide the Licensor with complete data on the new Licensee for re-registration of the Program for it in accordance with this Agreement.

5.4. Assignment (transfer) of rights under this Agreement may not be carried out indirectly or through any third party.

6. TYPES OF LICENSES

6.1. The licensee has the right to independently choose the appropriate type of license, a list of which is available on the Internet at: https://help.fxmonitor.online/en

6.2. The Licensee is entitled to use the Program within the framework of the license for familiarization (trial version) without paying a fee for a limited period of time, determined by the conditions valid at the time of registration.

6.3. The licensee has the right to change the type of license during the entire period of its validity, while the validity of the acquired license will be increased by the period of the paid, but unspent, current license, taking into account the tariff cost of the new license.

6.4. The beginning of the license term is the day of creation of the Account and / or Account (Registration day).

6.5. If the relevant license expires and the Licensee fails to acquire a new license within 15 (Fifteen) calendar days from the list specified in clause 6.1. of this Agreement, further use of the Program by the Licensee may be limited by the Licensor at its discretion.

6.6. The licensor has the right to unilaterally change the types of licenses by posting a new list of them on the Internet at https://help.fxmonitor.online/en no later than 14 (Fourteen) days before the date of entry into force of such changes.

7. PROCEDURE FOR USE OF THE PROGRAM

7.1. Registration.

7.1.1. In order to use the Program, the Licensee must go through the Registration procedure, as a result of which a unique Account and Account will be created for the Licensee. In order to add Authorized Users, the Licensee must independently create the accounts for them using the Program and give access to the Account. The number of Authorized Users within one Account is determined based on the type of license.

7.1.2. For registration, the Licensee undertakes to provide reliable and complete information about himself and the Authorized Users on the issues proposed in the registration form, and to keep this information up to date. If the Licensee provides incorrect information or the Licensor has reason to believe that the information provided by him is incomplete or inaccurate, the Licensor has the right, at his discretion, to block or delete the Licensee's account, as well as prohibit the use of the Program.

7.2. Access to the Licensee or Authorized User Account.

7.2.1. When registering, the Licensee or Authorized User independently indicates the email address (hereinafter Login). In accordance with the algorithms of the Program, a key (hereinafter Password) for access to the Account is generated. The licensor has the right to prohibit the use of certain logins, as well as establish requirements for login and password (length, valid characters, etc.).

7.2.2. The Licensee or the Authorized User is independently responsible for the security (resistance to guessing) of the password chosen by him, and also independently ensures the confidentiality of his password. The Licensee is solely responsible for all actions / omissions (as well as their consequences) within or using the Program under his Account, including cases of voluntary transfer or non-observance of confidentiality of data for access to his account to third parties under any conditions (including contracts or agreements). Moreover, all actions within or using the Program under the Licensee's account are considered to be performed by him, with the exception of cases occurring after the Licensor receives from the Licensee a notice of unauthorized use of the Program under the Licensee's account or in any violation (suspicion of violation) of the confidentiality of your password.

7.2.3. The Licensee is obliged to immediately notify the Licensor of any case of unauthorized access to the Program using his Account and / or any violation (suspected violation) of the confidentiality of his password. For security purposes, the Licensee is obliged to independently carry out the safe shutdown under his account ("Exit" button) at the end of each session with the Program. The Licensor is not responsible for the possible loss of data, as well as other consequences of any nature that may occur due to the violation by the Licensee of the provisions of this part of the Agreement.

7.3. Account deletion. The Licensor has the right to block and delete the Licensee's Account, including all content without explanation, in case of violation of the terms of the Agreement. From this moment, the restoration of the account, any information related to it, as well as access to the Program using this Account is impossible.

7.4. API access restriction. More than 1 API request per second cannot be completed in total for all methods. In case of suspicious activity through the API, the Licensor has the right to block access to the API for the Licensee's account.

8. RESTRICTIONS OF USE

8.1. The Licensee and / or Authorized Users are not entitled to perform actions that may entail: a) disruption of the functioning of the equipment and network of the Licensor; b) disruption of the operation of the Program or restriction of the ability of other users to use the Program; c) unauthorized access to the Program, as well as information and computing and network resources of the Licensor; d) causing or threatening damage to third parties, including by posting information and links to network resources, the contents of which are contrary to the current legislation of the Russian Federation.

8.2. Licensee is not given the opportunity and right to modify the Program.

8.3. The Licensee independently ensures the availability of equipment that meets the technical requirements for using the Program and access to the Internet.

8.4. The Licensee guarantees that he has all the necessary rights to all data, computer programs or services that he uses in connection with the use of the Program, and that such actions do not violate the rights of third parties.

8.5. The Licensee may not use the Program in other ways than specified in this Agreement, as well as copy, sell and resell it or access to it, unless the User has received such permission

9. TECHNICAL SUPPORT

9.1. The Licensor provides Technical Support to the Licensee, including on issues related to the functionality of the Program, the features of operation on standard configurations of supported operating, mail and other systems in the manner and subject to the conditions specified in its technical documentation.

9.2. The Licensee has the right to contact the Technical Support Service of the Licensor without paying additional fees.

9.3. In order to provide Technical Support, the Licensor has the right to require the Licensee to provide information regarding account information, technical specifications of equipment and other information necessary to provide Technical Support.

10. LIMITED WARRANTY AND RESPONSIBILITY

10.1. The program is provided on an "as is" basis and the Licensor does not guarantee that all of its functionality will meet the expectations of the Licensee and may be applicable for its specific purpose.

10.2. The Licensor does not initiate and does not control the placement by the Licensee of any information in the process of using the Program, does not affect its content and integrity, and also does not know and cannot know at the time this information is posted whether it violates the rights and interests of third parties protected by law, international treaties and current legislation of the Russian Federation.

10.3. The Licensor is not liable to the Licensee for any damage, any loss of income, profit, information or savings associated with the use or inability to use the Program, including in the event of prior notification by the Licensee of the possibility of such damage, or in any claim of a third party .

10.4. If errors are discovered when using the Program, the Licensor will take measures to correct them as soon as possible. The parties agree that the exact determination of the error correction time cannot be established, since the Program interacts closely with other third-party computer programs, operating systems and hardware resources of the Licensee's computer, and the operability and time to resolve the problems do not fully depend on the Licensor.

10.5. In the event that the Licensee performs actions prohibited by the provisions of this Agreement, the Licensor has the right to take measures without explanation or any notification to the Licensee to identify and prevent these violations.

10.6. For violation of the terms of this Agreement, the Licensee shall be liable under the laws of the Russian Federation.

11. CONDITION OF PROCESSING AND USE OF PERSONAL DATA

11.1. Accepting the terms of this Agreement, the Licensee, in accordance with Federal Law No. 152-ФЗ "On Personal Data" dated July 27, 2006, acting freely, by his will and in his interest, expresses his consent to: the provision of his personal data, including Surname, Name , Patronymic, email address, contact phone number, date of birth, region, city, organization, position for their processing by the Licensor.

11.2. The licensor undertakes to take all necessary measures to protect the above personal data from unauthorized access or disclosure.

11.3. The licensor performs the following actions in relation to the processing of personal data: collection, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, depersonalization, blocking, deletion, destruction.

11.4. This consent is valid for the entire duration of the License Agreement and the use of the Program by the Licensee. The Licensee understands and agrees that in the event of withdrawal of this consent, it is deprived of the opportunity to use part or all of the services of the Program.

11.5. The Licensee may withdraw consent to the processing of personal data by contacting the Licensor's technical support at info@fxmonitor.online.

11.6. The Licensee agrees to receive, by e-mail, the address of which he indicates during registration, advertising and informational messages regarding the products and services of the Licensor and its partners.

12. VALIDITY, AMENDMENT AND TERMINATION OF THE AGREEMENT

12.1. For all matters not regulated by this Agreement, the Parties are guided by the current legislation of the Russian Federation.
12.2. The Licensor has the right to amend the terms of this Agreement unilaterally by posting the amended text on the Internet at https://help.fxmonitor.online/en/legal

12.3. The Licensor has the right, in case of violation by the Licensee of the terms of this Agreement on the use of the Program, to unilaterally terminate this Agreement.

12.4. Upon termination of this Agreement by any party and for any reason, the Licensee and Authorized Users are obliged to stop using the Program completely.

12.5. In case of early termination of this Agreement by any party and for any reason, refund of payment to the Licensee and Authorized Users for the remaining period of the License is not made!

12.6. In the event that a competent court declares any provisions of this Agreement invalid, the Agreement shall continue to apply in the rest.

13. ADDITIONAL PROVISIONS

13.1 The Licensee is prohibited from using the Program to conduct mass mailings of electronic messages of a commercial, advertising or other nature that are not agreed upon (not requested) by the recipient of information by e-mail or to teleconference groups ("spam"). It is not considered as "spam" sending information with the consent of the recipient, if possible, unsubscribe.

13.2. Use of the Program should be carried out by the Licensee only for legitimate purposes and in legal ways, taking into account the laws of the Russian Federation, the European Union and the USA.

13.3. The content of the Account (copies of the Program) created and maintained by the Licensee of data is the responsibility of the Licensee himself. The Licensor does not exercise preliminary control over the content of the information posted and / or distributed by the Licensee, however, when the placement and dissemination of such information is contrary to law, the Licensor has the right to block or delete the corresponding Account and data without warning.

13.4. The Licensor does not provide the Licensee with communication services, does not organize for him access to information systems of information and telecommunication networks, including the Internet, and does not carry out activities for the reception, processing, storage, transmission, delivery of telecommunication messages.

14. CONTACT INFORMATION OF THE LICENSOR

Appeals regarding the terms of this Agreement and Technical Support are accepted at info@fxmonitor.online
Individual Entrepreneur Valery Shklovskiy
Legal address: Russian Federation, 394066, Voronezh, zhiloy massiv Zadonye, kvartal 8, 19/2
Taxpayer Identification Number (INN) 366220954560
Primary State Registration Number (OGRN) 314366825200308
PERSONAL DATA PROCESSING POLICY
1. GENERAL PROVISIONS

The policy for the processing of personal data (hereinafter - the Policy) is developed in accordance with the Federal Law of 07.27.2006. No. 152-FZ "On Personal Data" (hereinafter - FZ-152).

This Policy defines the procedure for processing personal data and measures to ensure the security of personal data in FXmonitor.online (hereinafter referred to as the Operator) in order to protect the rights and freedoms of man and citizen in the processing of his personal data, including the protection of rights to privacy, personal and family secret.

The following basic concepts are used in the Policy:

automated processing of personal data - processing of personal data using computer technology;
blocking of personal data - temporary termination of the processing of personal data (unless the processing is necessary to clarify personal data);

personal data information system - a set of personal data contained in databases, and ensuring their processing of information technologies and technical means;

depersonalization of personal data - actions, as a result of which it is impossible to determine without the use of additional information the belonging of personal data to a specific subject of personal data;

personal data processing - any action (operation) or a set of actions (operations) performed using automation tools or without using such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, changing), retrieval, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data;

operator - a state body, municipal body, legal or natural person, independently or jointly with other persons, organizing and (or) processing personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data;

personal data - any information related to a directly or indirectly determined or determined individual (subject of personal data);
provision of personal data - actions aimed at the disclosure of personal data to a specific person or a certain circle of persons;

distribution of personal data - actions aimed at disclosing personal data to an indefinite number of persons (transfer of personal data) or familiarizing oneself with personal data of an unlimited number of persons, including disclosing personal data in the media, posting on information and telecommunication networks or providing access to personal data in any other way;

Cross-border transfer of personal data - the transfer of personal data to the territory of a foreign state to a foreign state authority, a foreign individual or foreign legal entity.

destruction of personal data - actions, as a result of which it is impossible to restore the content of personal data in the personal data information system and (or) as a result of which material carriers of personal data are destroyed;

The company is obliged to publish or otherwise provide unlimited access to this Policy for the processing of personal data in accordance with Part 2 of Art. 18.1. FZ-152.

2. PRINCIPLES AND TERMS OF PROCESSING PERSONAL DATA

2.1 Principles of personal data processing The processing of personal data by the Operator is based on the following principles:

  • legality and fair basis;
  • restrictions on the processing of personal data by achieving specific, predetermined and legitimate goals;
  • preventing personal data processing incompatible with the purposes of collecting personal data;
  • preventing the unification of databases containing personal data, the processing of which is carried out for purposes incompatible with each other;
  • processing only those personal data that meet the purposes of their processing;
  • compliance of the content and volume of processed personal data with the declared processing goals;
  • preventing the processing of personal data that is excessive in relation to the stated purposes of their processing;
  • ensuring the accuracy, sufficiency and relevance of personal data in relation to the purposes of processing personal data;
  • destruction or depersonalization of personal data upon achievement of the purposes of their processing or in case of loss of need to achieve these goals, if it is impossible to eliminate the committed violations of personal data by the Operator, unless otherwise provided by federal law.

2.2 Conditions for the processing of personal data The operator processes personal data in the presence of at least one of the following conditions:

  • personal data processing is carried out with the consent of the personal data subject to the processing of his personal data;
  • the processing of personal data is necessary to achieve the goals stipulated by the international treaty of the Russian Federation or the law, to carry out and fulfill the functions, powers and obligations assigned to the operator by the legislation of the Russian Federation;
  • the processing of personal data is necessary for the administration of justice, the execution of a judicial act, an act of another body or official, subject to execution in accordance with the legislation of the Russian Federation on enforcement proceedings;
  • the processing of personal data is necessary for the execution of a contract to which either the beneficiary or guarantor is a personal data subject, as well as for the conclusion of a contract on the initiative of the personal data subject or the contract under which the personal data subject will be the beneficiary or guarantor;
  • the processing of personal data is necessary to exercise the rights and legitimate interests of the operator or third parties or to achieve socially significant goals, provided that this does not violate the rights and freedoms of the subject of personal data;
  • processing of personal data is carried out, access to an unlimited circle of persons to which is provided by the subject of personal data or at his request (hereinafter referred to as publicly available personal data);
  • processing of personal data subject to publication or mandatory disclosure in accordance with federal law is carried out.

2.3 Confidentiality of personal data The Operator and other persons who have gained access to personal data are obliged not to disclose to third parties and not to distribute personal data without the consent of the personal data subject, unless otherwise provided by federal law.

2.4 Public sources of personal data For the purpose of information support, the Operator may create public sources of personal data of entities, including directories and address books. With the written consent of the subject, publicly accessible sources of personal data may include his surname, name, patronymic, date and place of birth, position, contact phone numbers, email address and other personal data communicated by the subject of personal data.

Information about the subject must be excluded from public sources of personal data at any time at the request of the subject or by decision of the court or other authorized state bodies.

2.5 Special categories of personal data Processing by the Operator of special categories of personal data relating to race, nationality, political views, religious or philosophical beliefs, state of health, intimate life is allowed in cases if:

  • the personal data subject has agreed in writing to the processing of his personal data;
  • personal data is made publicly available by the subject of personal data;
  • processing of personal data is carried out in accordance with the legislation on state social assistance, labor legislation, the legislation of the Russian Federation on pensions for state pensions, and labor pensions;
  • the processing of personal data is necessary to protect the life, health or other vital interests of the subject of personal data or the life, health or other vital interests of others, and obtaining the consent of the subject of personal data is impossible;
  • the processing of personal data is carried out for medical and preventive purposes, in order to establish a medical diagnosis, provide medical and medical and social services, provided that the processing of personal data is carried out by a person who is professionally engaged in medical activities and is obliged to keep medical confidentiality in accordance with the legislation of the Russian Federation;
  • the processing of personal data is necessary to establish or exercise the rights of the subject of personal data or third parties, as well as in connection with the administration of justice;
  • processing of personal data is carried out in accordance with the legislation on compulsory types of insurance, with insurance legislation.

Processing of special categories of personal data should be stopped immediately if the reasons that led to their processing have been eliminated, unless otherwise provided by federal law.

Processing of personal data on a criminal record may be carried out by the Operator exclusively in cases and in the manner that are determined in accordance with federal laws.

2.6 Biometric personal data Information that characterizes the physiological and biological characteristics of a person, on the basis of which it is possible to establish his personality - biometric personal data - can be processed by the Operator only with the written consent of the subject.

2.7 An instruction to process personal data to another person The operator is entitled to entrust the processing of personal data to another person with the consent of the subject of personal data, unless otherwise provided by federal law, on the basis of an agreement concluded with that person. A person who processes personal data on behalf of the Operator is required to comply with the principles and rules for the processing of personal data provided for in Federal Law-152.

2.8 Cross-border transfer of personal data The operator is obliged to make sure that the foreign state into whose territory it is supposed to transfer personal data provides adequate protection of the rights of subjects of personal data before such a transfer begins.
Cross-border transfer of personal data on the territory of foreign states that do not provide adequate protection of the rights of subjects of personal data may be carried out in the following cases:

  • the written consent of the personal data subject to the cross-border transfer of his personal data;
  • execution of a contract to which the subject of personal data is a party.

3. RIGHTS OF A SUBJECT OF PERSONAL DATA

3.1 Consent of the subject of personal data to the processing of his personal data The subject of personal data takes a decision on the provision of his personal data and gives consent to their processing freely, by his will and in his interest. Consent to the processing of personal data may be given by the subject of personal data or his representative in any form allowing confirming the fact of its receipt, unless otherwise provided by federal law.

The obligation to provide evidence of the consent of the personal data subject to the processing of his personal data or evidence of the existence of the grounds specified in Federal Law-152 rests with the Operator.

3.2 Rights of the subject of personal data The subject of personal data has the right to receive information from the Operator regarding the processing of his personal data, if such a right is not limited in accordance with federal laws. The personal data subject has the right to require the Operator to clarify his personal data, block it or destroy it if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated processing purpose, as well as take measures prescribed by law to protect their rights.

The processing of personal data in order to promote goods, works, services on the market through direct contacts with a potential consumer using communication means, as well as for political campaigning, is allowed only with the prior consent of the subject of personal data. The specified processing of personal data is recognized as being carried out without the prior consent of the subject of personal data, unless the Company proves that such consent was obtained.

The operator is obliged to immediately stop at the request of the subject of personal data the processing of his personal data for the above purposes.

It is forbidden to make decisions on the basis of exclusively automated processing of personal data that give rise to legal consequences in relation to the subject of personal data or otherwise affect his rights and legitimate interests, with the exception of cases provided for by federal laws, or if there is written consent of the subject of personal data.

If the subject of personal data considers that the Operator is processing his personal data in violation of the requirements of Federal Law-152 or otherwise violates his rights and freedoms, the subject of personal data has the right to appeal the actions or omissions of the Operator to the authorized body for the protection of the rights of subjects of personal data or in court .

The personal data subject has the right to protect his rights and legitimate interests, including compensation for losses and (or) compensation for non-pecuniary damage in court.

4. SECURITY OF PERSONAL DATA

The security of personal data processed by the Operator is ensured by the implementation of legal, organizational and technical measures necessary to ensure the requirements of federal legislation in the field of personal data protection.

To prevent unauthorized access to personal data by the Operator, the following organizational and technical measures are applied:

  • the appointment of officials responsible for organizing the processing and protection of personal data;
  • limiting the composition of persons having access to personal data;
  • familiarization of subjects with the requirements of federal legislation and regulatory documents of the Operator for the processing and protection of personal data;
  • organization of accounting, storage and circulation of information carriers;
  • definition of threats to the security of personal data during their processing, the formation of threat models on their basis;
  • development of a personal data protection system based on the threat model;
  • checking the readiness and effectiveness of the use of information protection tools
  • differentiation of user access to information resources and software and hardware information processing;
  • registration and accounting of actions of users of information systems of personal data;
  • use of antivirus and recovery tools for personal data protection;
  • the use of necessary means of firewalling, intrusion detection, security analysis and cryptographic protection of information;
  • organization of access control to the Operator's territory, security of premises with technical means for processing personal data.
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