Public Offer for Access to the Flowmark Service

§ 01General provisions

1.1. This document is a public offer (offer to conclude an agreement) in accordance with Article 437 of the Civil Code of the Russian Federation.

1.2. The offer is addressed to any individual, individual entrepreneur or legal entity (hereinafter referred to as the “User”) and contains all the essential terms of the agreement for the provision of access to the Service.

1.3. Contractor — Individual Entrepreneur Arseniy Andreevich Kudryavtsev, OGRNIP 319774600183806, INN 772403786360, contact@flowmark-app.com.

1.4. Acceptance of the Offer (acceptance of its terms) is carried out by performing any of the following actions:

• pressing the "Start" button / /start or buttons to accept the conditions when you first launch the Telegram bot “Flowmark”;
• pressing the "Start" button / /start or a similar button when you first launch the MAX bot “Flowmark”;
• payment for any tariff plan.

From the moment of Acceptance, an Agreement on the provision of access to the Service (hereinafter referred to as the “Agreement”) is considered concluded between the User and the Contractor. The agreement does not require bilateral signing and has full legal force.

1.5. By making an Acceptance, the User confirms that he has read the terms of this Offer and the Personal Data Processing Policy (flowmark-app.com/privacy), fully understands and accepts them.

§ 02Terms and definitions

Service "Flowmark" (Flowmark) is a software package for processing media files, including the Telegram bot “Flowmark”, the MAX bot “Flowmark” and the Mini App, accessible through the specified bots.

Credits are an internal technical unit used to track the volume of Service functions used within a paid plan and paid period. Credits are not cash, electronic money, an advance payment, a prepayment, a property claim against the Contractor, currency, a security, a means of payment, or an independent item of sale. Credits are not sold separately, cannot be exchanged for cash and, unless otherwise expressly stated by the Contractor, expire at the end of the corresponding paid period. When changing a paid plan, the remaining credits may be transferred only until the end of the new paid period and do not become indefinite.

Plan — a set of parameters for access to the Service (number of credits, file limits, features, number of users and assets), valid for the paid period.

Paid period — the period for which the User is provided with access to the functions of the Service within the limits of the paid Tariff. Unless a different period is expressly stated during payment, one paid period is 30 (thirty) calendar days from the date of activation.

Asset - a graphic or video file (logo, watermark, animated logo, etc.) uploaded by the User or created by means of the Service and used as a media processing tool.

Group — unification of several Users (on Pro and Team tariffs) sharing assets and settings within the Service.

Plan owner — a User who has registered and paid for the Plan, within which team access can be provided to other participants.

Batch processing — simultaneous processing of several media files within one request.

Flowpack — a configuration archive of the Service containing group settings, assets, asset versions, presets, captions, tool parameters and other elements of the working brand kit intended for import, export, backup or transfer between groups.

§ 03Subject of the Agreement

3.1. The Contractor provides the User, free of charge or for a fee, depending on the selected Tariff, remote access to the functionality of the Flowmark Service via the Internet in the Telegram and MAX messengers, as well as through the Mini App, and the right to use the computer program “Flowmark” under the terms of a simple non-exclusive license within the limits of functionality, limits and term of the selected Tariff.

3.2. The service is designed to process the following types of media files:

• applying logos, watermarks and text captions (geotags) to images and videos;
• hiding faces in images (pixelization, blurring, masking);
• compression and conversion of video files;
• convert video to GIF and vice versa;
• decoding speech from audio and video recordings (transcription);
• censoring of obscene language in audio and video recordings;
• automatic cropping of images and videos to specified aspect ratios;
• converting videos into round video messages (“circles”);
• editing videos from the User’s text request: trimming, removing and joining fragments of one or several videos;
• automatic generation of subtitles (captions) over videos;
• editing images from a text description using artificial intelligence technologies;
• generating images, including logos, from a text description using artificial intelligence technologies;
• batch processing of multiple files.

3.3. The composition of available functions, technical limits and the number of credits are determined by the selected Tariff plan and the paid period. The Contractor has the right to change the list of functions of the Service with notification to Users in the manner prescribed by this Offer.

3.4. The provision of services is carried out using server infrastructure located on the territory of the Russian Federation. For functions that use artificial intelligence technologies, the Contractor engages third-party providers of such technologies, including providers located outside the Russian Federation; the procedure for transferring data to such providers is determined by the Personal Data Processing Policy (clause 7.3).

3.5. The Contractor does not pre-check or moderate media files and assets downloaded by the User. Media files submitted for processing are deleted from the Contractor’s servers immediately after the operation is completed and the result is sent to the User; maximum storage period is 24 (twenty-four) hours.

3.6. Personal data in the User's materials

3.6.1. Files and texts sent by the User for processing may contain personal data of third parties (images, voice, information from documents, etc.). The composition of such data and the purposes of its processing are determined by the User. The Contractor does not familiarize itself with the content of files (except for the automatic checking of requests to artificial intelligence functions provided for in clause 10.8), does not extract information about persons from them and does not use them for any purpose other than performing the operation launched by the User.

3.6.2. With respect to such data, the User, by accepting the Offer, instructs the Contractor to process it in accordance with Part 3 of Art. 6 of Federal Law No. 152-FZ of 27.07.2006 "On Personal Data" on the following terms:

• purpose of processing — performing the operation launched by the User and delivering the result to the User;
• list of data — personal data contained in the files and texts sent by the User for a specific operation;
• list of actions — collection, recording, storage, use, transfer (provision, access) to the technology providers specified in clause 3.4, deletion, destruction;
• processing period — files are deleted from the Contractor's servers immediately after the operation is completed, but no later than 24 hours, and files whose processing ended with a technical error — no later than 7 days;
• initial recording of such data is carried out on the Contractor's servers located in the Russian Federation;
• the Contractor undertakes to keep such data confidential, to comply with the principles and rules of its processing and the requirements of Part 5 of Art. 18 and Art. 18.1 of the said law, to take protection measures in accordance with Art. 19 of the said law (§ 9 of the Personal Data Processing Policy), to provide, at the User's request, documents and other information on compliance with these requirements, and to notify the User of any unlawful or accidental transfer of such data.

3.6.3. The User agrees that the Contractor may engage providers of artificial intelligence technologies, including providers located outside the Russian Federation, to perform operations in accordance with clause 3.4.

3.6.4. The User independently ensures that there are legal grounds for processing such data, including obtaining the consent of the persons whose data is contained in the materials and, where applicable, for cross-border transfer. The User is responsible to the personal data subjects. If the User is an individual processing such data exclusively for personal and family needs, the Contractor processes it on the User's instructions on the terms of clause 3.6.2.

3.6.5. The provisions of clause 3.6 do not apply to texts of requests to Service functions that use artificial intelligence technologies, which the Contractor stores in the operation history in the manner and for the periods established by the Personal Data Processing Policy (clause 4.4 and § 6).

§ 04Plans

4.1. Current plans

The plan table is for reference only. The specific access period, price and conditions of the selected Plan are displayed to the User in the Service interface before payment. A current description of plans, including information about annual subscription options and current promotions, is available in the Service Mini App. In the event of a discrepancy between the data in this Offer and the information published in the Mini App, the information in the Mini App takes precedence.

4.2. Use of credits in operations

For branding, credits are charged for the volume of new work: each new asset (logo, watermark, text caption) added to an image or video is charged separately. Adjusting an already-paid asset - changing its position, size, opacity, outline, rotation or other overlay settings - does not create an additional charge: such edits within one processing session are free, which lets the User freely fine-tune the result without paying for every settings change. In batch processing, the calculation is performed separately for each file.

The duration of audio and video material is rounded up to the nearest full minute. Credits as an internal usage limit are reduced only for successfully completed operations. Operations that end with a technical error caused by the Service do not consume the credit limit. Re-styling of video captions for already transcribed material does not create an additional charge. Analysing a recording during video editing is charged separately from the assembly and only where the User has not specified the boundaries of the fragments themselves; the Service notifies the User of the amount to be charged before the operation starts. For certain tools based on artificial intelligence technologies, the Contractor may provide a limited number of free attempts; their availability and quantity depend on the Plan and are displayed in the Service interface. A free attempt is applied before any credits are charged; once free attempts are exhausted, the operation is charged on the standard basis.

4.3. Processing above the Plan limits

4.3.1. If a media file exceeds the file size and (or) duration limits provided by the Plan, the Service may offer the User to perform the operation with an increased credit charge multiplier. The current multiplier is ×2 (double the base cost of the operation).

4.3.2. The User is notified in the Service interface about the application of the increased multiplier and the approximate amount of the charge before the operation is started. Confirming the start of the operation means the User's consent to the increased charge.

4.3.3. Processing above the limits is an additional option and may be restricted by the Contractor for technical reasons, including for certain operations, formats or file size ranges. Current conditions are displayed in the Service interface.

§ 05Payment procedure

5.1. Payment for tariff plans can be made using one of the methods available in the Service interface: through the payment provider Robokassa LLC by bank card and other methods supported by Robokassa; or using Telegram Stars in the Telegram interface, if such a method is available to the User.

5.2. When paying through Telegram Stars, the User uses Stars as an in-platform means of payment for digital goods and services in the Telegram ecosystem. The purchase, storage, write-off, return and other transactions with Telegram Stars are governed by the rules of Telegram and the corresponding payment platforms. The Contractor does not sell Telegram Stars to the User, is not the operator of Telegram Stars and does not determine the conditions for their acquisition by the User.

5.3. A one-time payment provides access for one paid period without automatic renewal.

5.4. When activating auto-renewal, the Contractor has the right to initiate a charge-off for the next paid period on or after the end date of the current paid period. The next paid period occurs only after successful debit and activation. Until the successful write-off, the next paid period is not considered paid and is not considered to have begun.

5.5. In case of unsuccessful debiting during auto-renewal, the Contractor has the right, at its discretion, to maintain access to the Service for a period of up to 7 (seven) calendar days as a free grace period. The specified deferment is not a separate paid period, does not create a debt for the User and does not mean providing access to credit.

5.6. The User has the right to disable auto-renewal until the next debit in the Service interface. Disabling auto-renewal only stops future charges and does not terminate an already paid period.

5.7. The paid period is activated automatically after successful payment is confirmed by the relevant payment provider or Telegram platform. The right to use the computer program “Flowmark” and access to the functions of the Service are considered granted from the moment of activation within the paid Tariff for the corresponding period. The User's actual non-use of Service functions, limits or credits during the paid period does not in itself mean a failure to provide access.

5.8. When paying for the Tariff through Robokassa, access to which is activated immediately after confirmation of successful payment, the Contractor generates one cash receipt at the time of payment with the payment method indicated as “full payment”.

5.9. On the English version of the website, plan prices may be displayed in USD for reference. The final payable amount, currency and payment conditions are shown to the User in the Service interface and, when applicable, in the payment provider interface before payment. The cost of services is not subject to VAT, since the Contractor applies a special tax regime “Automated simplified taxation system” (AUST). When paying via Telegram Stars, the cost may be displayed in Telegram Stars without indicating a cash equivalent.

5.10. The Free tariff is provided without payment. The transition from a free tariff to a paid one is carried out by the User independently through the Mini App, bot interface or other available interface of the Service.

5.11. The User's obligation to pay is considered fulfilled from the moment the payment is confirmed by the relevant payment provider or the Telegram platform.

5.12. The User may pay for the current Tariff early, without waiting for the end of the current paid period — including when the credit limit has been fully or partially used up. In this case, the current paid period ends early, and a new paid period begins from the moment the payment is confirmed: the credit limit is set to the full amount provided by the Tariff, and the access term is counted anew from the date of activation. The unused balance of credits and the unused days of the previous paid period are not added to the new period and are not carried over to it. The new credit limit and the end date of the new paid period are shown to the User in the interface of the Service before payment; confirmation of payment means the User's consent to these terms.

§ 06Refund conditions

6.1. The right to use the computer program “Flowmark” and access to the functions of the Service are considered granted from the moment the paid Tariff is activated. The fact of incomplete use by the User of the Service functions, limits or credits during the paid period is not grounds for a refund, except in cases expressly provided for in this Offer.

6.2. Refunds of paid funds are not made for paid periods during which the User used Service credits, except for cases expressly provided for by this Offer and the legislation of the Russian Federation.

6.3. Refund of unused balance is possible in the following cases:

• when deleting an account at the initiative of the User — by written application to contact@flowmark-app.com; a proportional part of the cost of the current paid period is subject to refund, provided there are no used credits;
• when an account is blocked at the initiative of the Contractor without violations on the part of the User — full refund of the unused balance of the current paid period.

6.4. In case of confirmed technical unavailability of the Service due to the Contractor’s fault for more than 24 (twenty-four) continuous hours, the User has the right to apply for a proportional recalculation. The application is sent to contact@flowmark-app.com within 14 (fourteen) days from the moment the problem is resolved.

6.5. Refunds are made to the details from which the payment was made, within the time limits established by the payment provider, with the exception of payments through Telegram Stars, for which clause 6.6 applies.

6.6. Refunds for payments made through Telegram Stars are possible only within the time limits, technical capabilities and rules established by the Telegram ecosystem. Returns of Telegram Stars can only be made through Telegram mechanisms if they are available for a specific transaction. The Contractor does not return Telegram Stars in cash, does not compensate for the cost of their acquisition, commissions, exchange rate differences or other conditions for the purchase of Stars by the User from Telegram or third parties. Telegram Stars are not electronic money in the sense of Federal Law No. 161-FZ dated June 27, 2011 “On the National Payment System” and are not subject to the regulations established for electronic money.

§ 07Rights and obligations of the Contractor

7.1. The performer is obliged:

• ensure the functioning of the Service in accordance with the description of the selected Tariff plan;
• notify Users of changes in tariffs or significant changes in the terms of the Offer within the time limits established by Section 12 of this Offer by publishing a notice in the Service interface;
• process Users’ personal data in accordance with the Personal Data Processing Policy (flowmark-app.com/privacy).

7.2. The performer has the right:

• unilaterally change the tariffs, functional composition of the Service and the terms of this Offer in compliance with the notification procedure provided for in clause 7.1;
• carry out technical work with temporary restriction of access to the Service without prior notice in emergency cases;
• limit or terminate the User's access to the Service (block the account) if the terms of this Offer are violated - without prior notice and without refund in the cases specified in section 9;
• delete user content (assets, presets, media files) that violate the laws of the Russian Federation or the terms of this Offer.

§ 08Rights and obligations of the User

8.1. The user is obliged:

• use the Service in accordance with the legislation of the Russian Federation and the terms of this Offer;
• do not upload files and materials to the Service, the content of which violates the laws of the Russian Federation, copyrights or other rights of third parties;
• independently obtain all necessary consents from persons whose images, voice or other personal data are contained in the processed materials;
• do not attempt hacking or unauthorized access to the Service infrastructure or data of other users;
• do not use the Service for mass automatic sending of requests (abuse), which creates an excessive load;
• do not transfer account data to third parties (except for the use of command functionality within the framework of the standard mechanisms of the Service);
• when downloading assets, media files and other user materials - confirm that you have all the necessary rights to them, including the consent of the persons whose image, voice or other personal data is contained in the downloaded files; do not upload materials containing biometric data of third parties without appropriate legal grounds.

8.2. The user is solely responsible for the content of downloaded files (assets, media files) and entered text data. By downloading an asset or media file, the User confirms that he has all the necessary rights to it and that its content does not violate the laws of the Russian Federation, including that it does not contain materials prohibited for circulation. The Contractor does not pre-moderate downloaded files and is not responsible for their content.

8.3. The user has the right:

• choose or change a tariff plan at any time;
• delete your account and all associated data by contacting contact@flowmark-app.com;
• obtain information about the volume of used loans and transaction history in the Service interface;
• Contact support at contact@flowmark-app.com.

8.4. When using the functions of importing, data migration, transferring configurations, brand kits or .flowpack (Flowpack) format files, the User confirms that he acts on his own initiative and has all the necessary rights and permissions to use the objects included in the import, including graphic assets, logos, trademarks, corporate style elements, texts, captions, presets and other materials. The User is responsible for the legality of import, storage and subsequent use of such objects in the Service.

8.5. The Agreement is concluded with the User who has registered and paid for the Tariff (Tariff Owner). The owner of the tariff has the right to provide access to team members within the limits of the paid Tariff. Such participants are authorized users of the Tariff Owner and are not recognized as individual buyers for the corresponding calculation, unless otherwise expressly provided for in a separate agreement.

8.6. When using Service functions based on artificial intelligence technologies, the User is additionally obliged to: refrain from requests aimed at creating, altering or distributing materials prohibited by the legislation of the Russian Federation or by the legislation of the country where the result is actually used; refrain from using such functions to remove or distort third parties' watermarks, logos, trademarks or other copyright notices; independently verify the result obtained before publishing or otherwise using it, in the manner set out in clauses 10.5-10.9 of this Offer; and refrain from presenting an automatically generated result as an official position, statement or opinion of the Contractor.

§ 09Access restriction and blocking

9.1. The Contractor has the right, without prior notice, to limit or completely terminate the User’s access to the Service (block the account) in the following cases:

• posting on the Service materials prohibited for distribution by the legislation of the Russian Federation;
• violation of copyright or related rights of third parties;
• systematic (two or more times) or gross one-time violation of the terms of this Offer;
• intentional attempts to hack, disrupt the operation of the Service or its infrastructure;
• mass automatic sending of requests (abuse), creating a threat to the stability of the Service;
• other actions that pose a threat to the safety of other Users or the Contractor.

9.2. If blocked for violations specified in clause 9.1, no refund of funds paid will be made.

9.3. If blocked for other reasons (technical error, administrative decision) not related to User violations, the refund procedure provided for in clause 6.3 is applied.

§ 10Disclaimer

10.1. The service is provided “as is”. The Contractor does not guarantee the uninterrupted operation of the Service and is not responsible for interruptions that arise for reasons beyond the control of the Contractor (technical failures of communication providers, actions of third parties, force majeure circumstances, etc.).

10.2. The Contractor is not responsible for the content of files downloaded or processed by the User and for the legality of their use.

10.3. The Contractor is not responsible for the actions or inactions of the payment provider Robokassa LLC, the Telegram platform, application stores and other third parties involved in the acceptance, processing, debiting, return or conversion of payments.

10.4. The total liability of the Contractor under this Agreement cannot exceed the cost of the tariff plan actually paid by the User in the paid period in which the losses occurred.

10.5. Certain Service functions (image editing and generation, logo generation, speech transcription, automatic video editing, interpretation of text commands and other tools that use artificial intelligence technologies, including third-party models) are based on probabilistic machine learning models. Their output is produced automatically, is probabilistic in nature and may contain errors, inaccuracies, invented or distorted facts, faces, lettering, symbols and other elements, and may differ when the same request is run again. The Contractor does not guarantee the accuracy, completeness, reliability, reproducibility, uniqueness or fitness of such output for any particular purpose.

10.6. Automatically generated output is produced at the User's request and is not a statement, position, opinion, assessment, recommendation or representation of the Contractor, its employees, partners or the providers of the models used. Any coincidence between the content of such output and any views, assessments, events, persons, organisations, or state, religious or other symbols is accidental and does not express the Contractor's attitude towards them. The Contractor exercises no editorial control over the content of automatically generated materials.

10.7. The User alone determines the content of the request and the purpose for which the output is used. Before publishing, distributing, transferring to third parties or otherwise using the output, the User must independently verify it for accuracy and for compliance with the requirements applicable in the country (jurisdiction) of actual use, including rules on advertising and labelling of materials, protection of honour, dignity and business reputation, the use of a citizen's image, the use of state, religious and other symbols, counteraction to extremism, and protection of intellectual property. The Contractor is not liable for the consequences of the User publishing or otherwise using automatically generated output, including how third parties perceive it and any measures applied to the User under the legislation of the relevant country.

10.8. Automatic screening of requests and results (pre-moderation) and other technical restrictions are auxiliary, are applied at the Contractor's discretion and do not guarantee that all inadmissible, erroneous or undesirable materials will be detected. Neither the triggering nor the non-triggering of such screening constitutes the Contractor's agreement with the content of a request or a result, nor does it confirm that its further use is lawful.

10.9. The Contractor does not guarantee that automatically generated output is unique or that it does not fully or partially coincide with existing works, trademarks, elements of corporate identity or other objects of third-party rights. The legal status of such output and the scope of rights to it are determined by the legislation applicable to the User; verifying and securing rights before any commercial use of the output is the User's responsibility.

§ 11Force majeure circumstances

A Party is released from liability for non-fulfillment or improper fulfillment of obligations if it was the result of force majeure circumstances (natural disasters, military actions, decisions of government authorities, large-scale accidents in communication networks, etc.), about which the Party notified the other Party within 5 (five) days from the moment of their occurrence.

§ 12Procedure for changing the Offer

12.1. The Contractor has the right to change the terms of this Offer unilaterally with notification to Users at least 30 (thirty) days in advance - regarding changes in tariffs, costs and refund procedures; no less than 7 (seven) days - in terms of other conditions before the changes come into force through the Service interface.

12.2. Continued use of the Service after the changes come into force means the User agrees to the updated terms and conditions in relation to further use of the Service. Changes in cost and essential conditions do not worsen the conditions of the already paid period, unless otherwise required by the legislation of the Russian Federation. In case of disagreement, the User has the right to terminate the Agreement by ceasing to use the Service and apply for account deletion.

12.3. The current English version of the Offer is always available at: flowmark-app.com/en/offer.

§ 13Dispute resolution procedure

13.1. The parties will take all measures to resolve disagreements through negotiations. The claim procedure is mandatory: the claim is sent to contact@flowmark-app.com, the response period is 30 (thirty) calendar days from the date of receipt.

13.2. If it is impossible to resolve the dispute pre-trial, it is referred to the court at the location of the Contractor (Moscow) in accordance with the legislation of the Russian Federation, except for cases where the applicable legislation on the protection of consumer rights provides for other jurisdiction.

§ 14Other conditions

14.1. This Agreement is governed by the legislation of the Russian Federation.

14.2. Recognition of individual provisions of the Offer as invalid does not entail the invalidity of the Offer as a whole.

14.3. This Offer, the Personal Data Processing Policy and the current tariffs in the Mini App together form a complete agreement between the Parties regarding the subject of the Agreement.

§ 15Details of the Contractor