1. General Provisions
1.2. The way the User uses the Service shall be governed by this Agreement and:
- User Agreement for Yandex Services available at: https://yandex.com/legal/rules.
(hereinafter jointly referred to as the Regulatory Documents).
The User undertakes to review all Regulatory Documents, and it shall bear the risk of failure to review.
1.3. This Agreement and the relations between Yandex and the User arising in connection with the use of the Service shall be governed by the law of the Russian Federation. Throughout the text of this Agreement, unless expressly stated otherwise, the term "laws" is understood to mean both the laws of the Russian Federation and the laws of the User's place of residence.
1.4. This Agreement as well as the Regulatory Documents may be amended without any special notice. New version of the Agreement and the Regulatory Documents shall come into force upon posting thereof on the Internet at the addresses specified in this clause and clause 1.2. of the Agreement respectively. The effective version of the Agreement shall be available at all times at: https://yandex.com/legal/sensor_termsofuse.
1.5. By using the Service, the User gives its consent to receive informative messages. The User may unsubscribe from messages by using relevant functions of the Service or following instructions specified in the received message.
2. Use of the Service. Certain Functions of the Service
2.1. The Service provides the User with the opportunity to obtain data on advertising campaigns conducted by the User on various advertising platforms in the Internet (hereinafter referred to as the Platform), including data on the uploading of advertisements, their display, clicking on links to the advertisements, and the time of visibility of the advertisements for the end users, the target audience coverage, the characteristics of the target audience, etc. as well as to generate reports on the progress of the advertising campaign pursuant to the indicators specified by the User.
2.2. The personal account becomes available to the User authorized in the Service using the Yandex Services account. Using the functions of the personal account, the User may create the Platform card specifying the data of the Platform.
The User is notified and agrees that the data of the Platform specified by it in its personal account may be included in the general catalog of Platforms publicly available to the Users of the Service. Herewith, the User shall be independently liable for the accuracy, correctness, and relevance of the data specified in the Platform card. Yandex is entitled at any time to introduce amendments into the Platform data specified by the User, or to exclude the Platform data posted by the User from the publicly available catalog of the Service and/or the Service as a whole, and to limit the use of the Service with regard to certain Platforms.
2.3. The Service provides the User with the functionality for creation and subsequent editing of an advertising campaign card in the User’s personal account. Upon creation of the advertising campaign card, the User shall specify the advertising campaign features proposed in the interface, such as the campaign name, status, properties, etc.
In the Campaign Placement section of the advertising campaign card, the User shall specify the Platforms, on which the advertising campaign is posted, (if the User created a new Platform in the Service in advance or if it selects the Platform from the catalog of the Service) as well as the campaign placement parameters (ad format, volume, cost, etc.).
2.4. Upon creation by the User of a new advertising campaign placement in the campaign card, the User shall receive a code to be sent to the Platform (hereinafter referred to as the Code).
The Code shall be generated depending on the ad format specified in the campaign card as well as the file type selected by the User containing the Code and the method of its receipt.
2.5. Upon installation of the Code on the Platform, the function of generation of a report on the advertising campaign (hereinafter referred to as the Report) shall become available to the User. In the course of generating of the Report, the User shall specify the type of the Report and the data contained in it as well as the format and the method of receipt of the Report.
The Report created with due account for the functionality of the Service shall be generated automatically, and it shall be for reference only. The Report may not be used by the User and third parties to establish and/or confirm legally significant facts, including to serve as evidence within the framework of administrative proceedings and/or upon consideration of a legal dispute. Yandex does not guarantee accuracy and relevance of the data specified in the Report.
3. Limitation of Liability. Service Data
3.1. The Service (including information obtained through it) is provided by Yandex "as is". Yandex does not guarantee the compliance of the Service with the goals and expectations of the Users, uninterrupted and error-free operation of the Service in general, the Codes obtained using the Service, and it does not guarantee the accuracy of the information obtained through the Service either. Yandex is not obliged to perform moderation, viewing, and editing of the information posted within the Service.
Yandex shall not be liable, and it shall not compensate for any damage, whether direct or indirect, caused to the user of the Service or to third parties as a result of use or unusability of the Service and/or Code, as well as a result of use or unusability of the information obtained through the Service.
3.2. The User shall be held independently liable to third parties for actions performed when using the Service, inter alia, it shall guarantee that its actions meet the requirements of the laws and do not infringe third-party rights and legitimate interests. The User undertakes to settle all third-party claims related to actions performed when using the Service, independently and at own expense.
Yandex is not a party to legal relations established between the User and the advertiser and/or the advertising agency with regard to the advertising campaign conducted with their participation as well as between the end users of the User’s website and/or the Platform; it shall not be liable for fulfillment by the parties of their obligations, and it shall not provide legal, financial, and organizational advice.
3.3. The User understands and agrees that the Code collects data on the Platform website visits and automatically sends them to Yandex to obtain aggregated statistical information available for further use through the Service to both the User and Yandex for its own purposes.
The User is hereby informed and agrees that Yandex does not and cannot know what information is contained in the data recorded on the Platform pages, and cannot determine whether or not the information in such records contains any personal data or other third-party information, the receipt, processing, and distribution of which is limited (hereinafter referred to as the Protected Information). The Service operates in a fully automatic mode; it shall not analyze the content and meaning of the information posted on the pages of the Platform, and it shall record it in full regardless of the content. Yandex does not make any modifications to the data recorded from the Platform and does not take any targeted actions to collect, receive, process, and distribute the Protected Information of the visitors to the User’s website and/or the Platform. In view of the foregoing, the User understands that as a result of use of the Service, it may gain access to the Protected Information; therefore, the User undertakes not to take targeted actions aimed at obtaining such Protected Information, and also undertakes to comply as closely as possible with all applicable laws on collection, processing, and protection of personal data and other Protected Information obtained upon use of the Service, and it shall independently bear all risks associated with receipt of this Protected Information and responsibility for non-compliance with the requirements of the law.
Yandex does not guarantee that installation of the Code on the website of the Platform, collection, processing, and transfer to Yandex of the specified information do not violate the laws of the User's place of residence, inter alia, it does not guarantee that the installation of the Code is safe for the normal functioning of the Platform. The User shall install the Code at its own risk, and it shall be solely responsible for all its actions related to the use of the Service and the information obtained through it.
3.4. Yandex shall treat all data collected, stored, and generated by the Service as confidential information of the User, and in cases provided for by the applicable laws, as a commercial secret of the User; it undertakes to keep the data confidential and not to transfer such data to the third parties (except for persons belonging to the same group as Yandex), except for the cases where the User authorized such transfer or allowed access to the data for third parties at its own discretion.
The aggregated data obtained using the Service, which do not disclose specific users can be used by Yandex at its own discretion, including for commercial purposes, including the possibility of use of the aggregated data to form and use the audience segment within the framework of the functionality of Yandex.Audience (https://yandex.ru/legal/audience_tos/).
3.5. The User is hereby informed and agrees that the visitors to the Platforms website may prohibit the collection of data on their visits to the Platforms website, or use technology to restrict the display of ads, therefore, acquisition of the data of these Users will be limited.
4.1. Yandex is entitled, without notice and at its own discretion, to terminate or suspend user access to the Service without giving reasons, in particular, if such a user violates the requirements of this Agreement.
4.2. Yandex owns the rights to all objects, which make up the Service design as a whole and some of its elements, as well as to the Service software. By starting to use the Service, the User guarantees that it does not and will not perform any actions aimed at circumventing technical means of protection against unauthorized use of the above objects as well as data posted by the Users within the Service. Any copying, reproduction, processing, distribution, making available to the public, circumventing technical means of protection, or other use of the objects of intellectual property rights of Yandex and the Service data as well as any use thereof for commercial purposes shall be prohibited.
4.3. Any claims related to the use/unusability of the Service shall be sent via the feedback form at: https://yandex.ru/support/sensor/troubleshooting/feedback.html.
Previous version of the document: https://yandex.com/legal/sensor_termsofuse/29052019.