Date of placement: June 28, 2019
Effective date: June 28, 2019This document is an offer of 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» means 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. A 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 Terms may use other terms, which are not defined in clause 1.1 above. In this case, such terms shall be interpreted as per the text of these Terms. In case of ambiguity in interpretations of a term in the text of the Terms, the term shall be interpreted as defined: first of all — by current laws, then — as established (commonly used) on the Internet.
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 their 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 authorizes Yandex, gratuitously 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.
3.5. The Service makes it possible for the Owner to freely place Dialogues he/she created in the Dialogue Directory. At the same time, Yandex does not guarantee that any given Dialogue will be included in the Dialogue Directory.
3.6. 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.
3.7. 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 independently 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 Directory.
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.
3.8. 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.
3.9. The Owner undertakes to place no advertisements in responses within a Dialogue, inter alia, in the Content.
3.10. Yandex may at any time change and/or delete any Dialogues, Content, and Bots without notice to the Owner and without giving any reasons.
3.11. 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. 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.
3.14. 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.
3.15. 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.
3.16. 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.