User Agreement
1. General Provisions
1.1. This User Agreement (hereinafter — the "Agreement"), in accordance with Article 367 of the Civil Code of the Republic of Uzbekistan, constitutes a public offer of RealSoft LLC (hereinafter — the "Company" or "RealSoft LLC") and sets out the terms and rules for the use of the Services provided through the RSID information system, by means of which this Agreement is concluded.
1.2. The terms of this Agreement are the same for all users.
1.3. By starting to use the Service or its individual functions, or by registering, the User is deemed to have fully accepted the terms of the Agreement without any exceptions. In doing so, the Agreement is deemed to have been concluded in written form on the terms of this Agreement and is regarded as signed by the User and the Company.
1.4. If the User does not agree with any provision of the Agreement, the User is not entitled to use the Service.
1.5. The Company has the right to amend the terms of this Agreement without prior notice to the User. Amendments to the terms of the Agreement enter into force 3 (three) days after the date of their publication in the Service, and the previous version of the agreement simultaneously ceases to be effective.
1.6. The following terms and definitions are used in this Agreement:
Service — the RSID mobile application (for Android and iOS operating systems), RSID mobile SDK, RSID web SDK and other components of the RSID biometric identification information system, which enable the identification and authentication of individuals by their biometric parameters (facial geometry) in order to provide them with authorized online access to financial and other Services;
Service Owner — RealSoft LLC;
Individual — a citizen of the Republic of Uzbekistan holding a biometric passport of a citizen of the Republic of Uzbekistan or an ID card; a foreign citizen or stateless person permanently residing in the Republic of Uzbekistan who has obtained an ID card in the established manner; as well as a non-resident foreign citizen who has obtained a personal identification number of an individual (PINFL) in the established manner;
User — a person using the Service via the Internet;
Processing of personal data — the performance of one or a number of actions involving the collection, systematization, storage, modification, supplementation, use, provision, transfer, depersonalization and destruction of personal data;
Service protection means — mechanisms for protecting the Service from unauthorized access by third parties, including the setting of the device owner's PIN code and authentication by biometric characteristics (fingerprint, etc.).
2. Subject of the Agreement
2.1. RealSoft LLC provides individuals with the opportunity to use the Service in order to obtain authorized online access to information resources connected to the Service.
2.2. The Service may be used only if the User's device has access to the Internet (a speed of at least 256 Kbit/s is recommended where possible).
2.3. RealSoft LLC provides users with advisory assistance upon their requests during an eight-hour working day from Monday to Friday, except for official public holidays in accordance with the legislation of the Republic of Uzbekistan.
2.4. The Services are provided on an "as is" basis. RealSoft LLC gives no warranty that the Service will meet the User's specific purposes and expectations.
3. Prohibition on the Use of Compromised Devices
3.1. The User is PROHIBITED from using the Service on the following devices:
3.1.1. devices with root access;
3.1.2. devices on which device emulation is being performed (an Android/iOS emulator or other virtual environment);
3.1.3. devices on which network traffic is being intercepted or substituted (Man-in-the-Middle, etc.), including through the use of fake SSL certificates, proxy servers, sniffers and similar tools.
3.2. If the above violations are detected:
3.2.1. the User's access to the Service may be immediately and completely blocked without the possibility of restoration;
3.2.2. the relevant technical and user data (including IP addresses, device and action identifiers) may be recorded and provided to authorized state bodies and law enforcement bodies in accordance with the legislation of the Republic of Uzbekistan.
4. Terms and Procedure for Registering the User in the RSID Mobile Application
4.1. To register in the Service, the User must indicate the series and number of a valid biometric passport of a citizen of the Republic of Uzbekistan or of an ID card and the date of birth, or enter the PINFL.
4.2. In the Service, the User is given the opportunity to review and accept the terms of this Agreement.
4.2.1. The User may not continue registration without giving consent to the terms of this Agreement.
4.2.2. A User who has failed to review the terms of this Agreement in a timely manner assumes all risks associated with any adverse consequences that may arise for them as a result of using the Service.
4.2.3. By accepting the terms of the Agreement in this Service, the User consents to the processing of their personal data for the purposes of ensuring identification and authentication.
4.2.4. The User's personal data are processed in accordance with the terms of the Privacy Policy annexed to this Agreement and the Law of the Republic of Uzbekistan "On Personal Data".
4.3. To complete registration, the User must set a PIN code on their mobile device to protect access to the Service.
4.4. If the mobile phone number changes, the User may change it in their profile by confirming it with a one-time password (OTP).
5. Rights and Obligations of the User
5.1. The User has the right to use the Services to access information resources connected to the Service.
5.2. The User is not entitled to use the Services for the purpose of violating the rights of third parties, or for purposes contrary to the current legislation of the Republic of Uzbekistan.
5.3. The User of the Service must:
5.3.1. comply with the requirements of this Agreement;
5.3.2. provide reliable information when using the Service and not impersonate another person;
5.3.3. use the latest, most up-to-date version of the Application. The Company shall not be liable for errors arising from the use of outdated versions;
5.3.4. ensure the information security of the devices from which access to the Service is carried out and of the protection means;
5.3.5. immediately notify the Company if the confidentiality or security of the means of access to the Service is breached (or is suspected of having been breached);
5.3.6. not use the Service for fraudulent or other unlawful purposes;
5.3.7. cease any use of the Service in the event of disagreement with individual provisions or with this Agreement as a whole.
Use of this Service from the devices listed in Section 3 of this Agreement is strictly prohibited.
6. Rights and Obligations of the Company
6.1. RealSoft LLC has the following rights:
a) to restrict the User's access to information resources connected to the Service by blocking their access, or to completely deprive the User of access to the Service, in any of the following cases:
violation by the User of the terms of this Agreement;
where compliance with the requirements of legislation or a court decision is required;
where RealSoft LLC has grounds to believe that the User's actions may cause harm to RealSoft LLC, as well as to individuals and/or legal entities (which is regarded as a gross violation of the terms of the Agreement).
Such actions include:
unauthorized access to the Service software, including attempts to hack it;
deceptive actions, including attempts to impersonate another person or organization;
use of an inappropriate software and hardware environment (running in mobile device emulators, using devices with root access, employing technical means to intercept, analyze or modify network traffic).
b) at any time, without prior notice to the User, to restrict or disable access to information resources connected to the Service temporarily, for an indefinite period, or completely.
6.2. RealSoft LLC must:
ensure the uninterrupted operation of the Service, except for interruptions related to scheduled maintenance work or disruptions to the operation of the Service caused through the fault of third parties;
provide advisory assistance to Users in the course of using the Service;
take legal, organizational and technical measures to protect Users' personal data, maintain confidentiality and prevent the unlawful processing of personal data in accordance with the legislation of the Republic of Uzbekistan on personal data.
7. Term of the Agreement and Procedure for Its Termination
7.1. This Agreement is a public offer and enters into legal force from the moment its terms are accepted by the User (completion of the registration steps in the Service, creation of a personal account, or actual commencement of use of the Service/Application). The Agreement is deemed to have been concluded for an indefinite period.
7.2. The mere removal (uninstallation) of the Service or the related mobile application from the User's device (phone, tablet, computer, etc.), or the actual non-use thereof, does not constitute grounds for termination of this Agreement and does not release the User from their obligations, nor from any debts or liability arising prior to such removal.
7.3. The Agreement may be terminated at the User's initiative only by completely deleting (closing) the personal account and sending a written or electronic notice thereof to the Service. In this case, all financial and contractual obligations of the User to the Service must have been fully performed.
7.4. From the date the Application is removed, the User's account is closed, or the Agreement is terminated, the provisions of this Agreement concerning the liability of the Parties, dispute resolution, and the processing, storage and archiving of personal data shall remain in full legal force for the following 5 (five) years in accordance with the current legislation of the Republic of Uzbekistan.
7.5. The obligation not to disclose and to keep secret confidential information and information constituting a trade secret that became known to the User within the framework of this Agreement shall remain in force even after termination of the Agreement — in accordance with the Law of the Republic of Uzbekistan "On Trade Secrets" — until such information lawfully loses its confidentiality (i.e., indefinitely), and shall be binding on the User.
8. Intellectual Property Rights
8.1. The Service and all its components, including but not limited to: the "RSID" mobile application, "RSID mobile SDK", "RSID web SDK", all program codes (source and object codes), system architecture, databases, algorithms, biometric identification technologies, design solutions, UI/UX interface, graphic elements, texts, logos, trademarks, service marks, trade names, and production secrets (know-how), are objects of the exclusive rights (intellectual property) of the Company (RealSoft LLC). These objects are fully protected by the Civil Code of the Republic of Uzbekistan, its current legislation, and international treaties on the protection of intellectual property.
8.2. The User is granted a fixed-term, limited, non-exclusive license (right of use), non-transferable to third parties, to use the Service solely for the purposes and on the terms set out in this Agreement, without the right to grant sublicenses, which may be revoked (cancelled) by the Company at any time unilaterally. Nothing in this Agreement may be construed as a transfer (alienation) to the User of exclusive rights (intellectual property rights) or ownership powers in respect of the Service or any of its components.
8.3. Without the prior official written consent of the Company (RealSoft LLC), signed by an authorized person and affixed with a seal, the User is strictly prohibited from performing the following actions:
8.3.1. copying, in whole or in part, altering (modifying), reworking, distributing, selling, renting out or leasing any component of the Service (including the "RSID" mobile application, SDK modules, program codes, API interfaces, libraries and algorithms), or providing them to third parties in any form for commercial, personal or public use;
8.3.2. decompiling the software, applying reverse engineering, separating it into components (modules), disassembling it, as well as performing any actions or attempts aimed at identifying or modifying the source code and system architecture of the Service, or at unlawfully appropriating them in any form; creating derivative and competing products: creating, on the basis of the Service's software, architecture, database design or operating logic (business logic), similar or modified derivative products, as well as market-oriented competing software tools and services;
8.3.3. overcoming (destroying, breaching) the Service's information security, cybersecurity and data protection systems and mechanisms, circumventing licensing restrictions and user authentication systems (including biometric identification and identity verification), gaining unauthorized access to (modifying, copying, blocking) the Service's protected resources, computer data or its components, or making any technical or software attempts aimed thereat;
8.3.4. using, in the course of using the Service, any malicious software (computer viruses, trojans, spyware and other harmful programs or codes), tools for the unlawful interception and analysis of network data flow (traffic) (sniffers), programs for the automated collection, copying and scanning of data contained in the Service (scraping, parsers, bots, web crawlers); as well as using any scripts and technical means that threaten the stable operation of the Service or its servers, are aimed at destroying, modifying or blocking information, or unreasonably increase the server load (causing DoS/DDoS attacks);
8.3.5. unauthorized use of trademarks and trade names, and acts of bad faith: using in any form the Company's trademarks, service marks, brand elements, logos, domain names and trade names for personal, commercial or other purposes without the Company's prior written consent (permission); including falsely presenting oneself as an official representative, dealer, distributor, partner or affiliated (related) person of the Company with the aim of misleading third parties (fakes, phishing and acts of unfair competition).
8.4. Intentional or negligent violation by the User of the intellectual property rights and prohibitions specified in this Agreement is deemed a gross violation of the terms of the Agreement and an offense. If such facts are established, the Company (RealSoft LLC) has the right to apply, simultaneously or separately, the following measures:
8.4.1. immediately, without any prior warning and unilaterally, completely block the User's access to the Service, their personal account, and all related SDK modules and API interfaces (revoke the license), and cease the provision of services;
8.4.2. recovery of damages in full: demand recovery from the User, in full, of all material damages caused to the Company as a result of the unlawful use of intellectual property objects and the Service, including actual damage, lost profits, and all legal (court and attorney) costs associated with the protection and restoration of rights, in accordance with Articles 14 and 1040 of the Civil Code of the Republic of Uzbekistan;
8.4.3. submitting official statements of claim and applications to law enforcement bodies (court, prosecutor's office, internal affairs bodies, etc.) in order to bring the guilty persons to legal liability under the Code of the Republic of Uzbekistan on Administrative Liability (Article 177¹ — Infringement of Copyright and Related Rights) and the relevant articles of the Criminal Code (including those concerning intellectual property and cybersecurity).
9. Liability of the Parties
9.1. For non-performance or improper performance of the obligations provided for by this Agreement, the Parties shall be liable in accordance with the legislation of the Republic of Uzbekistan and this Agreement.
9.2. The User shall be liable for damage caused to RealSoft LLC and/or to individuals and other legal entities as a result of the User's failure to comply with the terms of this Agreement.
9.3. The User is personally responsible for the safekeeping of the means of protecting access to the Service chosen by them and for preventing their use by third parties, as well as for the security of the mobile device. All actions performed under the User's account are deemed to have been performed by the User personally.
9.4. By registering in the Service, the User agrees that the use of, or inability to use, the Service depends solely on their own will.
9.5. The User understands that they shall be held liable, in accordance with the administrative and criminal legislation of the Republic of Uzbekistan, for violating the legislation on personal data for mercenary or other base motives.
9.6. RealSoft LLC is responsible for ensuring the stable and uninterrupted operation of the Service, except for the cases specified in subparagraph "f" of paragraph 8.7 of this Agreement.
9.7. RealSoft LLC shall not be liable:
a) for adverse consequences and damages arising as a result of events beyond the scope of RealSoft LLC's authority, or of actions or omissions of the User and/or third parties;
b) for damage or losses that may arise as a result of the User's use of, or inability to use, the Service;
c) if the User's data became accessible to third parties (intentionally or through negligence) as a result of unauthorized access to the device or the actions of viral/malicious software;
d) for the inability to use the Service due to circumstances beyond its control or prohibitions imposed by state or judicial authorities;
e) for the loss of personal data occurring through no fault of its own;
f) for interruptions in operation or the inability to implement the functions of the Service (where caused by unauthorized actions of third parties, inoperability of connected web services, maintenance work, interruptions in power and communication networks, or outdated data in state databases);
g) for any losses caused as a result of the User's failure to review the terms of this Agreement and other rules in a timely manner.
9.8. RealSoft LLC does not guarantee uninterrupted or error-free operation when services are used through information resources connected to the Service.
9.9. The Parties shall not be liable for non-performance of their obligations resulting from force majeure circumstances (flood, fire, earthquake, war, blockade and other disasters).
10. Dispute Resolution Procedure
10.1. All disputes and disagreements arising out of this Agreement (Offer) shall be resolved between the parties in a mandatory pre-trial claim procedure.
10.2. In the event of non-performance or improper performance by RealSoft LLC of its obligations under this Agreement, the User is entitled, in accordance with Articles 15 and 17 of the Law of the Republic of Uzbekistan "On the Contractual and Legal Framework of the Activities of Business Entities" and Article 384 of the Civil Code, to submit an official written proposal (statement of claim/demand), certified by an electronic digital signature (EDS), exclusively through the hujjat.uz electronic document management system. Requests made orally, by telephone or via social networks (Telegram, etc.) have no legal force and are not recognized as official claims.
10.3. RealSoft LLC shall consider the User's official proposal (claim) in the manner prescribed by Articles 15 and 17 of the above-mentioned Law and shall provide a response within 30 (thirty) calendar days from the date of its official receipt through the hujjat.uz system.
10.4. The response to the claim (demand) shall be sent by RealSoft LLC in electronic form through the hujjat.uz system, dispatched by registered mail to the User's official postal address, or delivered to the User against a signed receipt.
10.5. Until the User receives an official refusal from RealSoft LLC, or until the full expiry of the 30-day period specified in paragraph 9.3 of this Agreement, the User is not entitled to amend or terminate the contractual relationship, or to apply to judicial bodies or other state organizations in respect of the dispute.