Terms of Use — Cloudybus

1. General provisions

These Terms of Use (the Terms) are entered into between Индивидуальный предприниматель Сташевская Арина Евгеньевна, TIN (INN) 650113327100, state registration number (OGRNIP) 323650000020211, address: 693000, г. Южно-Сахалинск, пер. Мебельный, д. 6 (the Rightholder), and any person using the Website (the User).

The Terms apply to the website www.cloudybus.com and its subdomains (the Website), including the public part of the Website and the restricted part — the portal of the Cloudybus ERP software suite (the Portal).

The Terms are an offer to enter into a contract of adhesion (article 428 of the Civil Code of the Russian Federation) and are accepted in full, without reservations. Acceptance is: for the public part of the Website — starting to use it; for the Portal — signing in. There is no sign-up form and no “I accept the terms” checkbox on the Website: accounts are created by the Rightholder (section 4). The current version of the Terms is published openly, and a link to it appears at the bottom of every page of the Website.

The processing of personal data is described in the Personal Data Processing Policy, and the cookies the Website sets are listed in the Cookie Policy. The Rightholder under these Terms and the Operator under those documents are the same person.

The conditions on which access to the Service is granted — the set of features, the number of accounts, the price, the payment procedure and the availability guarantees — are set out in the contract between the Rightholder and the client organisation. The Rightholder offers to enter into that contract on the terms of the Public Offer. These Terms do not establish such conditions and do not replace that contract.

A person who does not agree with the Terms must stop using the Website.

2. Definitions

Website: the pages and software available at www.cloudybus.com and on its subdomains, including the public part and the Portal.
Service: the Cloudybus ERP software suite for automating passenger transportation, access to which is granted through the Portal.
User: any person using the Website.
Portal user: an employee or other authorised representative of a client organisation who has been issued an account.
Client organisation: a legal entity or sole trader that has entered into a contract with the Rightholder for access to the Service.
Content: texts, images, design elements, documentation, software, databases and other materials published on the Website.
Account: a login, a password and the related data required to sign in to the Portal and to assign rights.

3. The public part of the Website

The public part of the Website contains information about the Service, documentation and the contact details of the Rightholder. It may be used freely, without signing in and without registration.

The request form on the Website is switched off: no personal data is collected through the Website and none is transferred anywhere. To contact the Rightholder, use the phone number or the email address on the contacts page — in that case only the data provided in the enquiry is processed.

Information about the Service on the Website is provided for reference and is not a public offer as regards the set of features or the price. There is one exception — the Public Offer: that document is itself an offer to contract and applies on the terms it sets out.

4. The Portal and user accounts

Access to the Portal is granted to employees and authorised representatives of client organisations to the extent set out in the contract.

There is no self-registration on the Website. Accounts are created by the Rightholder or by an administrator of the client organisation upon its request, which states the employee's full name, position and work contact details. The client organisation is responsible for the accuracy of that information, keeps it up to date and reports when an employee's authority ends — access is closed on such notice.

A Portal user keeps their login and password secure and is responsible for everything done under their account. Sharing credentials with anyone, including colleagues in the same organisation, is prohibited: a separate account is created for each employee.

Any access to an account without the user's knowledge, any loss of a password and any other sign of compromise must be reported without delay to info@cloudybus.com.

Actions in the Portal are limited to the rights assigned to the account, and a session ends automatically after 200 minutes of inactivity. The Rightholder may introduce further measures protecting access — password complexity requirements, a limit on sign-in attempts, a second authentication factor.

The Rightholder may suspend access to an account if there are signs that it has been compromised, if the Terms are breached, or in the cases provided for in the contract with the client organisation, having notified the user or their organisation.

5. Data the client enters into the Service

A client organisation and its employees enter into the Service the data required for transportation: requests, lists of employees and passengers, and access control cards. The data is entered manually or uploaded as a file.

By entering such data, the client organisation confirms that it is entitled to process it and to transfer it to the Rightholder, including that it has obtained the consents of the data subjects where these are required.

The Rightholder processes this data on behalf of the client organisation (part 3 of article 6 of Federal Law No. 152-FZ of 27 July 2006 “On Personal Data”) for the purposes and to the extent set out in the contract, and does not use it for its own purposes. This is described in more detail in the Personal Data Processing Policy.

Incoming request emails are parsed automatically, including by text recognition and language models. The models run on the Rightholder's own infrastructure in the Russian Federation; no data is sent to external services. The result of parsing is a suggestion for the operator: an order is created by a person, and decisions with legal consequences are not made by automated processing alone.

The following must not be entered into or uploaded to the Service:

malicious software and files that disrupt the operation of the Service;
information whose distribution is prohibited by the laws of the Russian Federation;
materials owned by third parties, without the permission of their rightholder;
biometric personal data and special categories of personal data, unless their processing is provided for in the contract.

6. Intellectual property

The exclusive rights to the Website, the Service and the Content belong to the Rightholder or are used by it on lawful grounds.

The “Cloudybus” name and the logo are means of individualisation of the Rightholder; they may not be used without its written permission.

The Content of the Website may be used for its ordinary purpose: reading, saving for personal use and linking to pages. Copying, adaptation and distribution of the Content without the written permission of the Rightholder are not allowed, except for quotation to the extent justified by the purpose, with the source stated and a link to the page of the Website.

The mobile application is provided as part of the Service and is downloaded from the Portal. For the term of the contract, the client organisation and its employees receive a simple (non-exclusive) licence to use the application for its intended purpose. Decompiling or modifying the application, and distributing it outside the client organisation, are not allowed.

The rights to the data a client organisation has entered into the Service remain with that organisation. The Rightholder acquires no rights to it beyond those required to perform the contract.

7. Restrictions on the use of the Website and the Service

Users must not:

circumvent technical protection and access control measures, or obtain access to sections and data not intended for them;
carry out vulnerability scanning, load testing or any other testing of the Website and the Service without the written agreement of the Rightholder;
use automated means to collect data from the public part of the Website, other than search engine robots acting in accordance with the robots.txt file;
impersonate another person or use someone else's account;
take actions that disrupt the normal operation of the Website and the Service, including creating an excessive load;
use the Website or the Service to send messages without the recipients' consent or to distribute prohibited information.

8. Liability

The public part of the Website is provided “as is”. The Rightholder does not guarantee its uninterrupted operation or that it will meet the User's expectations. Availability guarantees for the Service for client organisations are set out in the contract.

The Rightholder is not responsible for the content of third-party websites linked from the Website, nor for the consequences of a User providing inaccurate information or disclosing their credentials.

Users are liable for breaches of the Terms and of the laws of the Russian Federation, including compensation for losses caused to the Rightholder.

9. Amendment and termination of the Terms

The Rightholder may amend the Terms. A new version takes effect when it is published on the Website, unless the version itself states a later date; the date of the current version is shown at the top of the document. The client organisation is given at least 10 calendar days' notice of changes that materially affect the rights of Portal users, in the manner provided for in the contract.

Continuing to use the Website after a new version takes effect means agreeing to it. A User who does not agree with the changes stops using the Website; access to the Portal is terminated in the manner set out in the contract with the client organisation.

10. Disputes and final provisions

The Terms and the relations of the parties are governed by the law of the Russian Federation.

A pre-court claim procedure is mandatory. A claim is sent to 693000, г. Южно-Сахалинск, пер. Мебельный, д. 6 or by email to info@cloudybus.com; the time to reply is 30 calendar days from the day the claim is received.

If no agreement is reached, disputes involving legal entities and sole traders are referred to the Арбитражный суд Сахалинской области. Disputes involving individuals are heard by a court in accordance with the laws of the Russian Federation.

The invalidity of any provision of the Terms does not affect the validity of the remaining provisions.

Questions about the Terms: info@cloudybus.com. Phone: +7 (917) 114-98-80.

If the language versions of these Terms differ, the Russian version prevails.