Public Offer of Potok Service

Terms and definitions

• Potok Service / the Service — the software and technical ecosystem comprising Potok VPN, the server infrastructure, the subscription system, the personal account, the Telegram bot, the potokservice.com website, the potokcdn.com cabinet and other official interfaces of the Service.
• Potok VPN — the software that forms part of Potok Service and is intended to provide the User with secure network connection functionality.
• User — a natural person using Potok Service and/or Potok VPN.
• Service Administrators — IE Kirill Sergeevich Vasilyev, TIN 261104088862, OGRNIP 324265100013760, and TOO DAYVAS GROUP, BIN 250940000865, jointly administering Potok Service, maintaining its operation and providing Users with access to the Service.
• Rightsholder — TOO DAYVAS GROUP, Republic of Kazakhstan, the rightsholder of Potok VPN and the related software components and intellectual property. The Potok VPN application is distributed, among other channels:
  • on Google Play — TOO DAYVAS GROUP;
  • on the Apple App Store — DAYVAS GROUP TOO, Apple App ID 6758456396.
• Tariff — the price, Subscription term, number of available devices, limits and other functionality stated in the official interfaces of Potok Service prior to payment.
• Subscription — the paid period during which the User is granted access to the functionality of Potok Service and Potok VPN in accordance with the selected Tariff.
• LTE — additional functionality of Potok Service marked in the Service interface with the tag or name “LTE”, for which separate limits and terms of use may apply.

1. Subject of the Agreement

1.1. The Service Administrators grant the User paid access to the functionality of Potok Service for the term and on the conditions of the selected Subscription.

1.2. For the term of the Subscription the Rightsholder grants the User the right to use the Potok VPN software within its functional purpose under a simple (non-exclusive) licence.

1.3. Exclusive rights to Potok VPN, its source code, design and other protected elements of the Service are not transferred to the User.

1.4. This Agreement is neither a telecommunications services agreement nor an agreement for the provision of Internet access. The Service Administrators are not telecommunications operators under this Agreement.

1.5. The operation of Potok Service may depend on third-party infrastructure, including data centres, hosting providers, telecommunications operators, payment systems and other technical services.

2. Tariffs, ordering and payment

2.1. Current Tariffs and the functionality provided are shown in the official interfaces of Potok Service.

2.2. The potokservice.com website may display information about Tariffs and buttons leading to Subscription checkout.

2.3. A Subscription may be purchased through Potok VPN, the official Telegram bot, potokcdn.com and other official interfaces of Potok Service.

2.4. Payments under this Agreement in the territory of the Russian Federation are accepted by:

2.5. Payment data is processed directly by banks, payment operators and/or other payment providers.

2.6. The User’s payment obligation is deemed fulfilled once the payment is confirmed as successful.

2.7. The Administrators may change the price and content of Tariffs. New terms apply only to new purchases and subsequent renewals and do not alter an already paid Subscription period.

3. Provision of access

3.1. Access to the Subscription is granted after payment is confirmed, automatically or by another means provided for by the relevant interface of Potok Service.

3.2. The duration and available functionality are determined by the Tariff selected by the User.

3.3. The User is solely responsible for the accuracy of the data they provide at registration and checkout.

3.4. The Administrators may change the servers, routes, software components and technical infrastructure in use, while preserving the core functional purpose of the paid Subscription.

4. Use of the Service

4.1. The User undertakes to use Potok Service and Potok VPN solely for lawful purposes.

4.2. Using the Service for unlawful activity is prohibited, including breaking into information systems, data theft, distribution of malicious software, spam, fraud and network attacks.

4.3. The User may not exceed the device count limits or other limits set by the selected Tariff.

4.4. Technical restrictions on P2P and torrent traffic may be applied to individual servers, Tariffs or platforms.

4.5. In the event of a material breach of these terms, the Administrators may restrict or terminate the User’s access to the Service to the extent permitted by law.

5. LTE

5.1. Individual Tariffs may include additional functionality designated as LTE.

5.2. Separate traffic limits, device counts and other technical restrictions stated in the Service interface may apply to LTE.

5.3. LTE usage is metered by the technical means of Potok Service.

5.4. Refund conditions where LTE has been used are determined by the separate Refund Policy.

6. Refunds

6.1. The conditions, deadlines and procedure for refunds are set out on the separate “Refunds” page published on potokservice.com.

6.2. The Refund Policy forms an integral part of this Agreement.

6.3. The User confirms that, prior to payment, they had the opportunity to review the applicable Refund Policy.

6.4. The provisions of the Refund Policy and of this Offer apply to the extent that they do not limit the rights granted to the User by mandatory provisions of applicable law.

Open the Refund Policy

7. Limitation of liability

7.1. Potok Service and Potok VPN are provided on an “as is” and “as available” basis to the extent permitted by law.

7.2. The Administrators do not guarantee absolutely uninterrupted operation of the Service, or the absence of temporary maintenance, errors, delays or unavailability of individual servers and routes.

7.3. The Administrators are not liable for disruptions caused by circumstances beyond their reasonable control, including the acts of Internet providers, telecommunications operators, data centres, payment systems, application stores and state authorities, as well as blocking, filtering or changes to routing.

7.4. The unavailability of an individual server or route is not considered a total failure of the Service if another comparable way of using the paid Subscription remains available to the User.

7.5. The User is solely responsible for their own actions when using Potok Service and Potok VPN.

8. Rights of the Administrators

8.1. The Administrators may carry out maintenance, update Potok VPN and other components of Potok Service, replace servers and change the technical infrastructure of the Service.

8.2. The Administrators may amend this Offer by publishing a new version.

8.3. A new version applies to purchases and renewals made after its publication. The terms of an already paid Subscription period are not made worse, unless expressly required by law.

8.4. The Administrators may restrict access to the Service if the User breaches this Agreement or uses the Service for unlawful purposes.

9. Recurring payments

9.1. By enabling auto-renewal the User gives prior express consent to recurring charges in favour of IE Kirill Sergeevich Vasilyev in the amount and at the frequency of the selected Tariff.

9.2. Auto-renewal is disabled in the Service interface. The User may also withdraw the further use of previously provided payment credentials for recurring payments through the Service interface or by contacting support.

9.3. Once auto-renewal is disabled no further charges are made, and the already paid Subscription remains in effect until the end of the paid period.

9.4. Refunds of payments made before auto-renewal was disabled are handled in accordance with the Refund Policy and applicable law.

10. Enquiries and dispute resolution

10.1. For questions about the Service, a Subscription or a refund, the User may contact:

10.2. The parties shall seek to resolve any disagreements by contacting support and through negotiation.

10.3. This provision does not limit the User’s right to apply to a court or state authorities in the cases provided for by law.

10.4. The law of the Russian Federation applies to relations with the User in respect of payments accepted by IE Kirill Sergeevich Vasilyev in the territory of the Russian Federation, subject to the mandatory provisions of consumer protection law.

11. Details and parties to the Agreement