to conclude a purchase and sale agreement
1. General provisions
This Public Offer contains the conditions for concluding a Purchase and Sale Agreement (hereinafter referred to as the “Purchase and Sale Agreement” and/or the “Agreement”). This Offer is a proposal addressed to an indefinite circle of persons; it contains all the essential terms of the Agreement and expresses the Seller’s will to conclude the Agreement on these terms with any person who accepts it.
Completion of the actions specified in this Offer is confirmation of the consent of both Parties to enter into a Purchase and Sale Agreement on the terms, in the manner and to the extent set forth in this Offer.
The following text of the Public Offer is an official public offer of the Seller addressed to an interested circle of persons to conclude a Purchase and Sale Agreement in accordance with the provisions of paragraph 2 of Article 437 of the Civil Code of the Russian Federation.
The Purchase and Sale Agreement is considered concluded and comes into force from the moment the Parties perform the actions provided for in this Offer, which signify the unconditional as well as full acceptance of all the terms of this Offer without any exceptions or restrictions on the terms of accession.
Terms and Definitions
Agreement – the text of this Offer accepted by the Buyer by performing the implied actions provided for by this Offer.
Implied actions – behavior that expresses agreement with a counterparty’s proposal to enter into, amend or terminate an agreement. Actions consist of full or partial fulfillment of the conditions proposed by the counterparty.
Seller – Individual Entrepreneur applying the special tax regime “Tax on Professional Income” in accordance with Federal Law No. 422-FZ dated November 27, 2018.
Buyer – an individual purchasing and paying for the Product.
Seller’s website on the Internet – a set of programs for electronic computers and other information contained in the information system, access to which is provided via the Internet at the domain name and network address: https://nagornyi.su.
Parties to the Agreement (Parties) – Seller and Buyer.
Product – software license (hereinafter referred to as the product).
2. Subject of the Agreement
2.1. Under this Agreement, the Seller undertakes to transfer the Product into the ownership of the Buyer, and the Buyer undertakes to accept the Product and pay a certain amount of money for it.
2.2. The name, quantity and range of the Product, its price and other conditions are determined on the basis of the Seller’s information when the Buyer fills out an application, or are established on the Seller’s website on the Internet https://nagornyi.su.
2.3. Acceptance of this Offer is expressed in the performance of implied actions, in particular:
- actions related to registering an account on the Seller’s Website on the Internet, if there is a need to register an account;
- by drawing up and filling out an application for placing an order for the Product;
- by providing the information required for concluding the Agreement by telephone or email indicated on the Seller’s website on the Internet, including when the Seller calls back at the Buyer’s request;
- payment for the Product by the Buyer.
This list is not exhaustive; there may be other actions that clearly express the person’s intention to accept the counterparty’s offer.
3. Rights and obligations of the parties
3.1. Rights and obligations of the Seller
3.1.1. The Seller has the right to demand payment for the Product and its acceptance in the manner and on the terms provided for in the Agreement.
3.1.2. Refuse to conclude an Agreement on the basis of this Offer to the Buyer in the event of his dishonest behavior, in particular in the case of:
- more than 2 (Two) refusals of Product of proper quality within a year;
- provision of knowingly false personal information;
- return of the Product damaged by the Buyer or used;
- other cases of dishonest behavior indicating that the Buyer has concluded the Agreement for the purpose of abuse of rights, and the absence of the usual economic purpose of the Agreement - the acquisition of the Product.
3.1.3. The Seller undertakes to transfer to the Buyer the Product of proper quality.
3.1.4. Transfer the Product free from the rights of third parties.
3.1.5. Organize delivery of the Product to the Buyer.
3.1.6. Provide the Buyer with all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer.
3.1.7. After receiving payment from the Buyer for the purchased Product under this Offer generate an electronic receipt in accordance with Article 14 of Federal Law No. 422-FZ dated November 27, 2018 and ensure its transfer to the Buyer.
3.2. Rights and obligations of the Buyer
3.2.1. The Buyer has the right to demand the transfer of the Product in the manner and under the conditions provided for in the Agreement.
3.2.2. Require the provision of all necessary information in accordance with the requirements of the current legislation of the Russian Federation and this Offer.
3.2.3. Refuse the Product on the grounds provided for in the Agreement and the current legislation of the Russian Federation.
3.2.4. The Buyer undertakes to provide the Seller with reliable information necessary for the proper execution of the Agreement.
3.2.5. Accept and pay for the Product in accordance with the terms of the Agreement.
3.2.6. The Buyer guarantees that all the terms of the Agreement are clear to him; the Buyer accepts the terms without reservation and in full.
4. Price, payment procedure and delivery
4.1. General Terms
Certain features of the Lizard application are available only through the Lizard+ subscription.
We respect your right to maintain full control over your finances. Therefore, Lizard+ does not use automatic renewals or hidden recurring charges. Every subscription period requires your direct confirmation and manual payment.
The current subscription plans are:
- 6-Month Plan — USD 6.99, charged as a single payment for six (6) months of access.
- Annual Plan — USD 11.49, charged as a single payment for twelve (12) months of access.
The Seller reserves the right to modify subscription fees in accordance with clause 4.6 of this Agreement. Prices may also vary depending on the Buyer’s country or region.
4.2. Expiration and Plan Changes
Since subscriptions do not renew automatically, your access to Lizard+ features will expire at the end of the paid period.
No payment will ever be charged without your explicit action. To ensure continuous access to Lizard+ features, the Buyer must manually purchase a new subscription plan before or after the current period expires.
If the Buyer decides to change their subscription plan while a current plan is still active, the newly purchased plan will enter a queue and activate automatically immediately after the current active period expires. This ensures that no paid days are lost, regardless of whether the Buyer:
- Purchases an Annual Plan while a 6-Month Plan is active;
- Purchases a 6-Month Plan while an Annual Plan is active.
4.3. Cancellation and Refunds
Because there are no automatic recurring charges, there is no need to cancel future renewals. You are always in complete control of your spending.
The Buyer may choose to stop using the subscription at any time simply by not initiating a new payment for the next period. No refund is provided for the unused portion of the current paid subscription period, and access to Lizard+ remains fully available until the end of that paid period.
4.4. Billing
To initiate the payment process, the Buyer manually selects the desired subscription plan within the Lizard application each time they wish to purchase or extend access.
Upon confirmation, a secure checkout window provided by the Seller’s designated third-party payment processor opens automatically. All payments are processed by such payment processor and are not processed as in-app purchases through any application store.
By purchasing a Subscription, the Buyer authorizes the Seller and its designated payment processor to charge the Buyer’s selected payment method for a single, one-time payment corresponding to the selected subscription plan.
The Buyer is responsible for ensuring that the payment information provided remains accurate and valid at the time of the transaction.
4.5. Delivery of the Product
Access to Lizard+ is provided electronically via the Internet.
Immediately after successful payment and confirmation from the payment processing system, access to the corresponding subscription features is activated automatically within the Lizard application for the exact duration of the purchased plan (or added to the queue if another plan is currently active).
4.6. Fee Changes
The Seller may revise Subscription fees at its sole discretion.
Any change in subscription fees shall become effective only upon the expiration of the Buyer’s then-current subscription period. The Seller shall provide reasonable prior notice of any such change.
Continued use of the Subscription after the new fee becomes effective constitutes the Buyer’s acceptance of the revised pricing.
4.7. Refund Policy
All Subscription payments are final and non-refundable, except where otherwise required by applicable law.
5. Exchange and return of Product
5.1. The Product is non-refundable.
6. Privacy and Security
6.1. When implementing this Agreement, the Parties ensure the confidentiality and security of personal data in accordance with the current edition of the Federal Law No. 152-FZ dated July 27, 2006 “On Personal Data” and Federal Law No. 149-FZ dated July 27, 2006 “On Information, Information Technologies and Information Protection”.
6.2. The Parties undertake to maintain the confidentiality of information received during the execution of this Agreement and to take all possible measures to protect the information received from disclosure.
6.3. Confidential information means any information transmitted by the Seller and the Buyer in the process of implementing the Agreement and subject to protection.
6.4. Such information may be contained in local regulations, contracts, letters, reports, analytical materials, research results, diagrams, graphs, specifications and other documents provided by the Seller, both on paper and electronic media.
7. Force Majeure
7.1. The Parties are released from liability for non-fulfillment or improper fulfillment of obligations under the Agreement if proper fulfillment turned out to be impossible due to force majeure, that is, extraordinary and unpreventable circumstances under the given conditions, which mean: prohibited actions of the authorities, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters.
7.2. If these circumstances occur, the Party is obliged to notify the other Party about this within 30 (Thirty) business days.
7.3. A document issued by an authorized government body is sufficient confirmation of the presence and duration of force majeure.
7.4. If force majeure circumstances continue to apply for more than 60 (Sixty) business days, then each Party has the right to unilaterally terminate this Agreement.
8. Responsibility of the Parties
8.1. In case of failure to fulfill and/or improper fulfillment of their obligations under the Agreement, the Parties shall be liable in accordance with the terms of this Offer.
8.2. The Party that fails to fulfill or improperly fulfills its obligations under the Agreement is obliged to compensate the other Party for losses caused by such violations.
8.3. By this Offer, the Seller guarantees to the Buyer that his income taken into account when determining the tax base did not exceed 2.4 million rubles in the current calendar year.
8.4. The Seller undertakes to terminate the execution of this Offer in the event that it loses the right to apply the special tax regime “Tax on Professional Income”, including in the event of the Seller being deregistered with the tax authority or failing to comply with the requirements of paragraph 2 of Article 4 of the Federal Law No. 422-FZ dated November 27, 2018.
9. Validity period of this Offer
9.1. The Offer comes into force from the moment it is posted on the Seller’s Website and is valid until it is withdrawn by the Seller.
9.2. The Seller reserves the right to amend the terms of the Offer and/or withdraw the Offer at any time at its discretion. Information about changes or withdrawal of the Offer is communicated to the Buyer at the Seller’s choice by posting it on the Seller’s website on the Internet or by sending a corresponding notification to the email or postal address specified by the Buyer when concluding the Agreement or during its execution.
9.3. The Agreement comes into force from the moment the Buyer accepts the terms of this Offer and is valid until the Parties fully fulfill their obligations under the Agreement.
9.4. Changes made by the Seller to the Agreement and published on the website in the form of an updated Offer are considered accepted by the Buyer in full.
10. Additional terms
10.1. The Agreement, its conclusion and execution are governed by the current legislation of the Russian Federation. All issues not regulated by this Offer or not fully regulated are regulated in accordance with the substantive law of the Russian Federation.
10.2. In the event of a dispute that may arise between the Parties in the course of fulfilling their obligations under the Agreement concluded on the terms of this Offer, the Parties are obliged to resolve the dispute peacefully before the start of legal proceedings.
Legal proceedings are conducted in accordance with the legislation of the Russian Federation.
Disputes or disagreements on which the Parties have not reached an agreement shall be resolved in accordance with the legislation of the Russian Federation. Pre-trial dispute resolution is mandatory.
10.3. The Parties have defined the Russian language as the language of the Agreement concluded under the terms of this Offer, as well as the language used in any interaction of the Parties (including correspondence, provision of requirements / notifications / clarifications, provision of documents, etc.).
10.4. All documents to be provided in accordance with the terms of this Offer must be drawn up in Russian or have a translation into Russian certified in the prescribed manner.
10.5. The inaction of one of the Parties in the event of a violation of the terms of this Offer does not deprive the interested Party of the right to protect its interests later, and also does not mean a waiver of its rights if one of the Parties commits similar or comparable violations in the future.
10.6. If the Seller’s Internet Site contains links to other websites and materials of third parties, such links are provided for informational purposes only, and the Seller has no control over the content of such sites or materials. The Seller is not responsible for any loss or damage that may arise from the use of such links.
11. Seller details
Nagornyi Nikolai Sergeevich
Individual Entrepreneur applying the special tax regime “Tax on Professional Income”
TIN (INN): 361903501380
OGRNIP: 324774600525647
Contact e-mail: support@nagornyi.su