Offer for the grant of an access to the advanced features of the Yandex.Mail Service

1. General Provisions

1.1. This document (hereinafter referred to as the "Offer") is an offer of Air Smart Advertising Solutions FZ-LLC(hereinafter referred to as "the Company") addressed to individuals who have reached the age of 18 who are users of The Yandex.Mail Service and are outside the territory of the UAE (hereinafter referred to as the "User"), to conclude a remunerated agreement to provide the User with enhanced functionality of Yandex.Mail Service (hereinafter referred to as the "Service" or Yandex 360) on the terms set out below.

1.2. The use of advanced features of the Service by the User is possible if the User purchases a Yandex 360 subscription (hereinafter referred to as the "Subscription") under the terms of this Offer.

1.3. In any matter not covered by this Offer, the relationship between the Company and the User shall be governed by the following documents:

1.4. Upon subscribing, the User is considered to have accepted the terms of this Offer, as well as the provisions of the Regulatory Documents, in full, without any reservations or exceptions. If the User disagrees with the provisions of these documents, the User is obliged to terminate the Subscription in the Personal Account.

For the purposes of this Offer, Personal Account means the User's account on the services (including mobile applications) of the Company (its affiliates), which contains information about the User, as well as other information related to the User's use of these services, available to the User after authorization using the User's login and password on the Company services (its affiliates').

1.5. This Offer and the Regulatory Documents may be changed by the Company without any special notice, the new version of the Offer and the Regulatory Documents shall enter into force from the moment they are posted on the Internet, unless otherwise provided in the new version of these documents. The current version of the Offer is always on the webpage at: https://yandex.com/legal/promail_offer

1.6. If the Company has made any changes to the Offer and/or the Regulatory Documents, in the manner prescribed by clause 1.5 of the Offer, with which the User does not agree, he/she must terminate the Subscription in the Personal Account. In any case, the performance by the User of the actions aimed at using the Subscription after the entry into force of the new edition of the Offer and/or the Regulatory Documents is a confirmation of the User's consent with the new edition of the Offer and/or the Regulatory Documents.

1.7. Upon subscribing, the User:

1.7.1. confirms that he/she is legally capable and has reached the age required in accordance with the applicable legislation to complete the transactions provided for in this Offer.

1.7.2. guarantees the accuracy of personal data provided when registering and using the Company services (its affiliates') and when subscribing, assumes full responsibility for its accuracy, completeness, and reliability. The User assumes all possible risks associated with his/her actions committed with errors or inaccuracies in the provided personal data.

1.7.3. confirms that he/she has fully read and unconditionally agreed with this Offer and the Regulatory Documents, as well as the fact that he/she understands the provisions of this Offer and the Regulatory Documents.

2. Subscription

2.1. By subscribing, the User enters into an agreement with the Company (hereinafter referred to as the "Agreement") on the conditions provided for herein. Under the Agreement, the Company undertakes to grant the User an access to the advanced features of the Service for the Subscription Period, and the User undertakes to pay the cost of the Subscription.

For the purposes of this Offer, the Subscription Period means the period of time specified in the Yandex.Mail section "Settings - Subscription", or at the link: https://360.yandex.com/premium-plans, or in the Personal Account for a period of time (for example, a month or a year) for which Subscription is issued and the corresponding fee is set.

Subscription may be divided into tariffs depending on the set of advanced features provided within the Subscription. Subscription fee may differ depending on the tariff chosen by the User.

Unless otherwise agreed, all payments shall be made in US dollars.

2.2. Information about the amount of payment for the Subscription, payment methods and Subscription Period, as well as information about the advanced features of the Service available when purchasing a Subscription, is available at the link: https://360.yandex.com/premium-plans. This information is part of the Offer and the conditions stipulated in clause 1.4 of the Offer are applicable to it. The Subscription price includes all taxes provided by the applicable law.

The User understands and agrees that the list of advanced features of the Service specified at the link: yandex.com , may be changed, including supplemented/reduced.

Unless otherwise provided in the Personal Account, the fee is charged for each Subscription Period specified by the User when registering the Subscription.

Subscription Period equal to a month starts from the date of payment for the Subscription and expires on the corresponding day of the calendar month following the date of payment for the Subscription.

Subscription period equal to a year starts from the date of payment for the Subscription and expires on the corresponding month and day of the calendar year following the date of payment for the Subscription.

2.3. Payment for the corresponding Subscription shall be made by the User in the manner prescribed by this clause. For the purpose of registration of the Subscription and the further possibility of paying for the Subscription, the User adds his/her bank card and/or electronic means of payment to his/her Personal Account (Linked Card). For the purposes of this Offer, any bank card and/or electronic means of payment linked to the Personal Account (including those linked during the Subscription registration, before its registration, or after its registration) are considered a Linked Card. The Company has the right to write off the amount that is the cost of the Subscription from any of the linked cards.

To confirm the validity of the Linked Card, the Company may have the right to debit (block) an amount within 10 USD, which, if the transaction is successful, is returned to the User. An unsuccessful attempt to write off the specified amount means that it is impossible to add this Linked Card and subscribe/pay for the Subscription.

When specifying the data of the Linked Card and further use of the Linked Card, the User confirms and guarantees that he/she has provided accurate and complete information about a valid bank card issued in his/her name; complies with the rules of international payment systems and the requirements of the issuing bank that issued the Linked Card, including with respect to the procedure for conducting non-cash payments; provided reliable and complete information about the electronic means of payment; complies with the requirements of the electronic money operator.

The Company reserves the right at any time to require the User to confirm the data specified by him/her in the Personal Account, including the data of the Linked Card, and in this regard to request supporting documents (in particular, identity documents), the failure to provide which, at the Company's discretion, may be equated with providing false information and entail the consequences provided for in clause 3.1 of the Offer.

2.4. Access to the Subscription is considered to be provided to the User for the Subscription Period in full from the moment the User pays for the Subscription on the Company service, provided that the fact of payment is reflected in the Company electronic payment accounting system (or from another moment in the cases specified in the Personal Account).

The Company's obligations to provide the User with access to the Subscription shall be deemed fulfilled to the User regardless of whether the User requested the corresponding performance from the Company during the Subscription Period, as well as regardless of the actual number and volume of the User's use of the corresponding advanced features of the Service within the Subscription Period.

2.5. When subscribing, the User instructs the Company to each Subscription Period defined by the User when subscribing in accordance with the conditions provided at the link: https://360.yandex.com/premium-plans , or in the Personal Account, in the prepayment procedure, collect the fee established by the Company on the day of payment for the corresponding Subscription (subscription fee) until the User refuses to renew the Subscription for the next Subscription Period.

2.6. The User understands and agrees that any Default Subscription is issued indefinitely from the date of payment for the first Subscription Period. The User has the right to refuse to renew the Subscription for the next Subscription Period in the Personal Account. In this case, the User's access to the Subscription is terminated from the day following the last day of the paid Subscription Period. In addition, the Subscription may be terminated by the Company in other cases or on other grounds provided for by this Offer.

2.7. If there is no sufficient amount of funds on the Linked Card to renew the Subscription, the Company has the right to retain the User's ability to access the Subscription until the subscription fee is debited from the Linked Card. In the event of the absence of a sufficient amount of funds on the Linked Card for a long period of time, the Company has the right to consider the User's refusal to renew the Subscription from the start date of the unpaid Subscription Period.

2.8. When the User accepts the Offer, the User instructs the Company on behalf of the User to draw up orders to write off funds from the User's account (to which the Linked Card is linked) in favor of the Company for the Subscription, as well as to send these orders to the User's issuing bank through the acquiring bank.

The User gives his/her consent to the automatic periodic debiting of funds from his/her account in payment of the corresponding Subscription at his/her order, given in the manner prescribed by this clause of the Offer, and acknowledges that orders for debiting funds from his/her account, sent in accordance with this clause of the Offer, are orders of the User himself, and the actions of the processing center and the acquiring bank aimed at debiting funds in accordance with this clause of the Offer are performed with the consent of the User.

Debiting of funds in accordance with this clause of the Offer begins to occur on an automatic basis, subject to the following conditions:

  • the User enters all the necessary details of the Linked Card;
  • activation of the service for debiting funds from the Linked Card on an automatic basis in the following way: automatically when making the first payment;
  • clicking the "Subscribe" button (or another button similar in functionality), confirming the User's consent to this Offer.

2.9. The User is obliged to independently monitor information on the status of the Subscription in the Personal Account (paid Subscription Period, the cost of the Subscription, the list of available advanced features of the Service), as well as trace changes and amendments to this Offer and Regulatory Documents.

2.10. The User understands and agrees that the list of advanced features of the Service provided as part of the Subscription and listed in the Yandex.Mail section "Settings - Subscription", or at the link: https://mail360.yandex.com , or in the Personal Account, may be changed, incl. supplemented/reduced.

2.11. The User accepts and agrees that any change in the list of advanced features of the Service in the above order does not constitute a basis for canceling the Subscription, revising its cost for the paid Subscription Period or refund.

2.12. When subscribing using the Yandex.Disk, Yandex.Mail, Yandex.Telemost mobile application, the payment for the Subscription selected by the User in the APP STORE is carried out using the In App Subscriptions or In-App Purchases technology provided by Apple Inc. Automatic renewal of access to the Subscription is made on the terms posted on the Internet at: https://www.apple.com/legal/internet-services/itunes/ru/terms.html.

Payment for the User's chosen Subscription in the Google Play app store is made using the In-App Subscription (“SUBS”) or In-App Purchases (“INAPP”) technology provided by Google LLC.

Automatic renewal of access to the Subscription is made on the terms posted on the Internet at: https://play.google.com/intl/ru_ru/about/play-terms.html.

All provisions set forth in Section 3 of these Terms and Conditions, including the provisions of clauses 2.5-2.6 of the Offer, are applicable to the subscription purchased using the Yandex.Disk, Yandex.Mail, Yandex.Telemost mobile application.

2.13. When subscribing for Yandex 360 through its web version or the application the User has the right to upgrade the current Subscription. The User acknowledges and consents that at the time of an upgrade the Company has the right to charge the new Subscription cost and the unspent sum remaining from the previous Subscription (if any) is transferred to prolong the new Subscription’s prepaid period in days in accordance with the p. 2.14 of the present Offer. The next payment for the new Subscription is debited the next day after the new Subscription cost and the transferred unspent sum are exhausted.

2.14. If the User has a prepaid Subscription period at the time the Subscription is upgraded, the unspent amount will be automatically transferred (except for the cases described in p. 2.15 of the present Offer) to cover the new subscription period disregarding the temporary discounts. The unspent sum covers the new subscription period proportionally to the number of days it is enough to prepay based on the new Subscription tariff and term.

The New subscription prepaid period is calculated via formula:

X = Y/(NF/N), where

X – the new Subscription prepaid period in days;

Y – unspent sum left from the previous Subscription;

NF – new fee;

N – new Subscription period in days.

The unspent sum left unspent from the Previous subscription is calculated via formula:

Y = A/B*C, where

A – the previous fee;

B – the previous Subscription’s period in days;

C - the remaining unused days of the previous Subscription period.

The A and NF fees include the permanent discounts and do not include the temporary discounts.

The result of the calculation is a subject to upward rounding.

The calculations described in the present paragraph are average. The date of the next Subscription fee debiting is commutated to the User via personal account.

2.15. In case the User's mobile operation system is IOS the new Subscription is fully charged at the moment of the upgrade. Any payment remaining from the previous Subscription by the time of the upgrade is refunded to the User after the subscription upgrade and by no means used to cover the new Subscription period.

3. Other terms and conditions. Restrictions

3.1. The Company reserves the right, at its discretion, to deny the User access to the Subscription or to restrict the User's access to the Subscription (or to certain advanced features of the Service, if technologically possible) using the Personal Account or completely block the User's account, including but not limited to, upon detection of incompleteness of the information provided by the User or inaccurate information provided by the User, violation by the User of the Offer and/or Regulatory Documents, applicable legislation. In the event that the account is blocked due to the provision by the User of inaccurate information about himself, or in case of violation by the User of the Offer and/or the Regulatory Documents, the amount of the subscription fee paid by the User for the current Subscription Period is not subject to recalculation/refund.

3.2. The Company has the right to unilaterally change the amount of the subscription fee for the Subscription. In this case, the User who has issued and paid for the Subscription (with automatic renewal of the Subscription) is notified of such a change no later than 3 (three) calendar days before the changes take effect in the following way (at the Company's choice): by posting information in the Yandex.Mail section "Settings - Subscription", or at the link: https://360.yandex.com/premium-plans, by posting information about the new amount of the subscription fee in the Personal Account, in marketing and advertising materials provided to the Users. Herewith, the cost of the Subscription Period actually paid by the User at the time of making the appropriate changes is not subject to change.

3.3. As a general rule, the User is identified using the data of his/her account on the Company services. The Company has the right to use other data to identify the User, including data about the person who paid the fee, in cases where such identification does not entail a violation of the rights of the parties, the rights of third parties, or a violation of the applicable law.

3.4. For the purposes of its obligations fulfillment the Company is entitled to contract any third parties necessary, including it s affiliates.

3.5. Unless otherwise expressly indicated in the Personal Account, the User is not entitled to transfer his/her rights and/or obligations to third parties for a fee or free of charge within the framework of the paid Subscription.

3.6. If the User is granted access to the Subscription without self-registration and/or payment for the Subscription, the User, by performing actions aimed at obtaining the Subscription, thereby confirms his/her consent with the Offer and the Regulatory Documents.

3.7. The Company has the right, at its discretion, to provide access to the Subscription to the Users of the Company services (its affiliates') without subscribing in the manner prescribed in the Offer. In this case, the performance by the User of actions aimed at obtaining the enhanced features of the Service within the framework of the Subscription is a confirmation of the User's consent with the Offer and the Regulatory Documents.

3.8. The company will take all reasonable measures and take any reasonable steps for the maintenance of the service. At the same time, the user is aware of the possibility of technical malfunctions and failures in the operation of the service and agrees that the Company does not have the technical ability to predict their occurrence, notify the User about them in advance, or completely eliminate the possibility of their occurrence. The occurrence of such malfunctions or failures, regardless of the reasons and consequences, cannot be the basis for applying liability measures to the Company.

3.9. All questions and claims related to the Agreement should be sent through the feedback form at: https://yandex.com/support/mail/troubleshooting.html

3.10. The Agreement, its conclusion, execution and cancelation shall be governed by and construed in accordance with English law . Any issues not covered by the Offer or covered incompletely, shall be governed by and construed in accordance with English law. If as a result of negotiations by the parties have not reached a mutually acceptable decision, a place of jurisdiction shall be UAE.

3.11. The User expressly and irrevocably consents that (i) the rights and obligations of the Company under the Agreement, the entire Agreement or any part thereof may be assigned and/or subcontracted by the Company to third parties without any approval by the User; and (ii) upon any such assignment, all rights and obligations of the Company so assigned shall become rights or obligations of the transferee, and that any rights of the Company so assigned may be enforced by the transferee against the User.

Shall any applicable law require an approval from other party for assignment or transfer of one’s rights and(or) obligations under the Agreement, this clause shall be deemed as such approval by the User.

The Company will notify the User prior to the assignment of any right or obligation hereunder at least five (5) days before the assignment date. The User is entitled to terminate this Agreement by providing of a written notice (including by e-mail) within (5) days from the notification in case the User does not agree with the assignment.

4. Company DETAILS

Name: Air Smart Advertising Solutions FZ-LLC

Location: DMC-BLD05-VD-G00-473, Ground Floor, DMC5,

Dubai Media City, Dubai, United Arab Emirates

Date of publication: 28.12.2023

Effective date: 15.01.2024

Previous versions of the document: https://yandex.com/legal/promail_offer/20102023

Previous versions of the document: https://yandex.com/legal/promail_offer/25052022