Terms of Use of Yandex.Dialogues

Publication date: August 29, 2019

Effective date: August 29, 2019

This document is an offer by YANDEX LLC (hereinafter referred to as the “Yandex") to use Yandex.Dialogues available at: https://dialogs.yandex.ru (hereinafter referred to as the "Service") under the terms and conditions set forth below.

1. TERMS AND DEFINITIONS

1.1. For the purpose of this document the following terms shall have the following meanings:

Content means any product being a software application, game, audiovisual work, piece of music, image, work of art, user manual, e-book, or any other material the Owner distributes using Dialogues via Voice Assistant and other Yandex Services.

Device means any device that can accept and run Voice Assistant's commands related to the use of functions of such device.

Owner means an individual or a representative of a legal entity being a Service user and holding rights to the Content or being a manufacturer of a Device.

Voice Assistant is a Yandex service that helps run search queries by voice activation, receive brief information (quick response) for certain requests and information from Yandex Services, inter alia, using Dialogues, and send commands to Devices.

Terms mean this document available online at: https://yandex.com/legal/dialogues_termsofuse.

Dialogue is a software module meant to interact with Voice Assistant and other Yandex Services customizable by the Owner,

1) sending questions of Internet users a) via Voice Assistant to a Bot that responds as per dialogue scenarios set by the Owner; b) to the Owner’s software to receive answers from the Owner’s staff,

2) and sending answers from the Bot or the Owner’s staff to Internet users. Dialogue can include a set of predetermined possible questions of Internet users and respective answers;

3) and sending requests (commands) via Voice Assistant to perform operations and actions on a Device a user uses.

Bot is a computer program that provides answers to Internet users as per a given scenario.

1.2. The other terms, which are not defined in clause 1.1 above may be used in the Terms. In this case, such terms are interpreted in accordance with the text hereof. If the said document contains no unequivocal interpretation of the term, the parties shall rely upon interpretation of this term defined: first, by the applicable laws, second, as it is established (generally used) in the Internet.

Yandex Services mean a website, program, product, and/or service provided on behalf of YANDEX LLC and/or its affiliates, including affiliates belonging to the same group as YANDEX LLC.

Authorized zone is the function of the Dialogue, which is available for use to the User only if the User completes External authorization in the Dialogue.

External authorization is the procedure where the User grants the rights to use the Dialogue Authorized zone function on behalf of the User’s account created on the Owner’s information service.

1.3. In all matters not covered by these Terms, the Service use relations between Yandex and the Owner are governed by the User Agreement for Yandex Services (https://yandex.com/legal/rules) and the Privacy Policy (https://yandex.com/legal/confidential).

2. General Provisions

2.1. The Service makes it possible for the Owner to create Dialogues in order to distribute the Content or provide users with information as per his requests via Voice Assistant and other Yandex Services and to make it possible for users to manage Devices via Voice Assistant. All currently available functions of the Service along with any developments and/or newly added functions are subject to these Terms.

2.2. When starting to use the Service / its certain functions, the Owner is deemed to have accepted these Terms in full, without any reservation or exception. If the Owner disagrees with any of the provisions of these Terms, the Owner may not use the Service.

2.3. Yandex may amend these Terms without any special notice; revised Terms shall come into effect once posted online at the URL specified in cl. 1.1, unless otherwise stipulated in revised Terms.

2.4. If Yandex has made any amendments to these Terms as prescribed by cl. 2.3 of these Terms, the Owner, in case of any disagreement, shall stop using the Service.

3. Use of the Service. Certain Functions of the Service

3.1. The Service makes it possible for the Owner to access a set of tools, including those of third parties, that helps the Owner to create a Dialogue and a Bot. The Owner can test a created Dialogue using the Service.

3.2. The Owner agrees that Dialogues will be available to Internet users that send commands to Devices, make requests to Voice Assistant and other Yandex Services to receive answers and information, inter alia, using the Content. At the same time, Yandex independently prioritizes responses of Voice Assistant to the user in the form of search results or a Dialogue based on its own algorithms. Yandex is not held liable for third parties using Dialogues.

3.3. Dialogues the Owner created using the Service will be available to Internet users that make requests to Voice Assistant only after Yandex has moderated them. Dialogues meant to send commands to Devices are moderated when the Owner provides Yandex with a sample Device to test the Device using Voice Assistant. Yandex is not held liable for the loss/damage of the sample Device during such testing.

3.4. The Owner can establish an Authorized zone within the Dialogue, providing access to its functions to the Dialogue User who completed the External authorization procedure.

External authorization does not require repeating, provided that it is performed by the User authorized in the Yandex Service through which the Dialog was activated, using the Yandex services account. In this case, for the corresponding User account in Yandex Services a link to the User account on the Owner’s content services is created via OAuth 2.0 protocol.

Yandex does not receive or store information about the current authorization data of the User’s account on the Partner’s content service. The terms and conditions for acquiring the Owner’s account by the User, its use, restore, removal, security protection are independently determined by the Owner and are brought to the attention of the Users.

The provision and use of the Dialogue Authorized zone function by the Owner is carried out in accordance with the provisions of these Terms, except for the cases when there is a special regulation for use of the Service by the Owner.

3.5. The Owner authorizes Yandex, on the free of charge basis under a simple (non-exclusive) license, to use Dialogues worldwide by reproducing, distributing (inter alia, for a fee), processing, and making them publicly available. Yandex may use Dialogues with no reference to the Owner, sublicense, or otherwise transfer/provide Dialogues to its affiliates.

3.6. The Service makes it possible for the Owner to freely place Dialogues he/she created in the Dialogue Catalog. At the same time, Yandex does not guarantee that any given Dialogue will be included in the Dialogue Catalog.

3.7. The inclusion of a Dialogue in the Dialogue Catalog, the manner and structure of Dialogue layout in the Dialogue Directory, and Dialogue descriptions are solely at the discretion of Yandex.

3.8. The Owner undertakes not to use the Service to create Dialogues and not to use the Content and Bots that violate Russian law and international law, third-party rights and legitimate interests, the restrictions set by the User Agreement for Yandex Services (https://yandex.com/legal/rules), and Dialogues that violate the Moderation Rules available at: https://tech.yandex.ru/dialogs/alice/doc/requirements-docpage. The Owner is held individually liable to third parties for his/her actions taken to create Dialogues and Bots, use and distribute the Content using the Service, for the outline of Dialogues and the Content, and for Dialogue descriptions in the Dialogue Catalog.

If a Dialogue is created to be placed in a separate Yandex Service, it may be subject to additional requirements set in this Yandex Service.

3.9. If the Content is classifiable as Federal Law dd. December 29, 2010 No. 436-ФЗ "On the Protection of Children from Information Harmful to Their Health and Development" prescribes, the Owner undertakes to label the category of the Content with an information product mark as per the above law and is held liable for failure to comply with its requirements.

3.10. The Owner undertakes to place no advertisements in responses within a Dialogue, inter alia, in the Content.

3.11. Yandex may at any time change and/or delete any Dialogues, Content, and Bots without notice to the Owner and without giving any reasons.

3.12. Yandex reserves the right, at own discretion, to limit the Owner’s access to the Service (or certain functions of the Service, if technically possible) using his/her account, to completely block the Owner’s account, if these Terms are repeatedly violated, or to take other measures against the Owner to comply with legislative requirements or respect third-party rights and legitimate interests.

3.13. The Owner agrees and confirms that Yandex and/or its affiliates, on which behalf the Yandex Service hosting a Dialogue is provided, may access and store the correspondence of Internet users maintained within the Dialogue under the terms and for the purposes specified in the Privacy Policy available at: https://yandex.com/legal/confidential, and also undertakes the responsibility to inform Users about it when prescribed by the law.

3.14. When placing a Dialogue, the Owner agrees that all the information he/she provided, including contact details, can be available to the public at large across the world.

Yandex does not guarantee that third parties will only be able to use such information to address issues of a Dialogue placed in the Service and is not held liable for third parties' actions taken to copy and process such information the Contractor provided for purposes other than using the Service.

3.15. Yandex provides the Service "as is". The Owner shall individually assess the risks and bear the full responsibility for his/her actions related to the use of the Service. Yandex does not guarantee that the Service will meet the Owner's goals and expectations and will operate uninterruptedly and without fail. Yandex may change the structure and algorithms of the Service, suspend the Service or its functions, and change or terminate the performance of Service functions with no prior notice to the Owner and with no consent of the latter.

3.16. Yandex does not guarantee the accuracy, timeliness, and correctness of commands executed by Devices and is not held liable for the condition of Devices and any technical problems they had while executing user commands.

3.17. The Service use relations are covered by the law of the Russian Federation. Any and all Service-related disputes and disagreements shall be resolved in competent court at the location of Yandex and the Russian version of these Terms legally prevails over versions translated into other languages.

Previous versions of the document: https://yandex.com/legal/dialogues_termsofuse/28062019