Yango Plus Subscription Conditions

Published: 01 February 2024

Effective date: 01 February 2024

Definitions

License — the license agreement that is publicly available on the Internet at: https://yandex.com/legal/yangomusic_mobile_agreement.

"Yango Plus Subscription"/"Subscription" — a service wherein the User is, for a fee and for a limited period of time, provided with the ability to receive remote access to Content to watch or listen to via the internet.

Territory —the territory of the State of Israel.

Program — a computer program "Yango Music" for mobile devices (iOS) or computer program "Yango Music" for mobile devices (Android), respectively, the right to use of which is granted under the License. (https://yandex.com/legal/yangomusic_mobile_agreement).

"Yango Music Service" (Service) — the Yango Music service, which is accessible either via the Programs or websites, whose rightholder is Rightholder, and the right to the use of which is provided on the terms described in the documents entitled "Terms of the Use of the Yango Music Service" (https://yandex.com/legal/yango_music_termsofuse).

"Content" — a set of musical works (including performances and phonograms) with or without lyrics, electronic lyrics of musical works, graphic images of musical album covers, as well as other materials available within the Yango Music Service.

"User" — an internet user who purchases a Subscription and/or uses the Yango Music Service.

Rightholder — “Yandex Music" LLC, a legal entity registered at the address: 82 Sadovnicheskaya str., building 2, room 10A05, Moscow, Russia, 115035.

"Subscription Period" - the period of time for which a Subscription is issued, and a corresponding fee is set (e.g., a month or year).

A Subscription Period equal to a month shall be thirty calendar days from the date of activation of the Subscription for that Subscription Period.

Contractor — Yandex Plus LLC, primary state registration number: 1227700549042, address: 82 Sadovnicheskaya str., building 2, room 4А04, Moscow, Russia, 115035.

Account — the User's account on the Service (including the mobile application) and services (mobile applications) of the Contractor's affiliates, which contains information about the User and which is available to the User after authorization using the User's login and password.

1. General Provisions

1.1. This document (hereinafter referred to as the "Conditions") establishes the rules and terms for providing the User with a Subscription.

1.2. By purchasing a Subscription, the User shall be considered to have accepted the Conditions, as well as the provisions of all documents to which the Conditions refer, in full, and without any reservations or exceptions. If the User does not agree with the provisions laid out in the indicated documents, the User is required to cease using the Subscription and cancel the renewal of the Subscription.

1.3. The Contractor maintains its exclusive right to make changes to the Service including changes and updates to these Conditions. The latest version of the Conditions will be valid from the date of publication on the website or in the application, and The Contractor will try to provide advance notice in any reasonable way The Contractor choose of any substantial change, subject to the law.The current Conditions are always available at https://yandex.com/legal/yango_plus_conditions.

1.4. If the Contractor introduces any changes to the Conditions and/or the documents to which the Conditions refer, following the procedure provided in clause 1.3 of the Conditions, that the User does not agree with, the User is required to cease using the Subscription and to cancel the renewal of the Subscription. In any case wherein the User performs an action aimed at receiving remote access to the Content as part of the Subscription after the new version of the Conditions and/or the documents to which the Conditions refer come into effect, this shall be considered as confirmation from the User that they agree with the new version of the Conditions and the documents to which the Conditions refer.

1.5. The ability to access the Content as part of a Subscription is available only to Users who have IP addresses of electronic devices (or proxy servers) on the internet, according to information belong to the Contractor that relates to Israel, taking into account the User's location.

1.6. By purchasing a Subscription, the User:

1.6.1. acknowledges that they are legally competent and have reached the age required in accordance with the law to carry out the transactions provided for in the Conditions.

1.6.2. guarantees the veracity of the personal information that they provided when registering and using the Contractor's (and/or affiliated entities') services and when purchasing a subscription, and assumes all responsibility for its accuracy, fullness, and veracity. The User assumes all possible risks associated with the actions that they have made with errors or inaccuracies in the personal information that they have provided.

1.6.3. confirms that they have fully read and unconditionally agreed with the Conditions, and that they understand the provisions of the Conditions and documents to which the Conditions refer.

1.6.4. provides their consent to receive informational messages.

1.6.5. confirms their agreement with the rules and terms provided in these documents:

1.7. As part of the Yango Plus Subscription, access to the Content may be provided to no more than one device belonging to the User. Simultaneous playback of the Content is not possible on more than one device.

2. The Subscription

2.1. A Subscription may only be Purchased by the User, who logged into Account, in Service and/or other services (mobile applications) of the Contractor's affiliates as prescribed by the User Agreement for Yandex Services (https://yandex.com/legal/rules) and User Agreements for certain Contractor (its affiliates and third-party partners) services or in the App Store in accordance with the terms published at https://www.apple.com/legal/internet-services/itunes/il/terms.html and in the Google Play Store in accordance with the terms published at https://play.google.com/intl/ru_ru/about/play-terms.html, as well as in accordance with these Conditions.

Due to technical features, the ability to purchase Subscription can be enabled to the Users in stages.

The ability to access the Content shall be accessible only to the User authorized in the Program in the Account.

2.2. In order to access the Content, additional information may need to be entered in the Account. The User is required to enter any missing information; otherwise they may be refused remote access to the corresponding content.

2.3. By purchasing the Subscription, the User who purchased the Subscription enters an agreement with the Contractor (the agreement with the executor is hereinafter referred to as the “Agreement”) on the conditions provided for in this document. According to the Agreement, the executor is required to provide the User remote access to the Content via the internet for the Subscription Period, and the user is required to pay the cost of the subscription (with the exception of the cases given in clause 3.7 of the Conditions).

2.4. The Subscription Period, as well as the Subscription fee amount, is given in the corresponding sections of the interfaces of the Service, Program, App Store and Google Play app stores, Account.

Unless the interfaces specify otherwise, the Subscription fee is charged for each Subscription Period determined when subscribing.

2.5. The User buying a Subscription shall pay for the Subscription as specified in this Clause (not applicable for Users who purchase the Subscription in the mobile app store). In order to make a Subscription and further pay for it, the User buying a Subscription may link his or her bank card and/or electronic payment instrument to his or her Account (the "Linked Card"). For the purposes of these Conditions, any bank card and/or electronic payment instrument linked to the Account (including those linked when, prior to, or after making a Subscription) shall be deemed to be a Linked Card. Contractor may debit any of the Linked Cards with the amount equal to the Subscription fee.

To confirm the validity of a Linked Card, Contractor may charge (hold) the amount up to 5 NIS to be refunded to the User who bought the Subscription, if the transaction is successful. Failure to charge the said amount means that it is impossible to add this Linked Card and subscribe/pay for the Subscription.

When the User enters the Linked Card data and further uses the Linked Card, he or she confirms and guarantees that he or she has specified the accurate and complete data of the valid bank card issued in his or her name; he or she complies with the rules of international payment systems and the requirements of the issuing bank that has issued the Linked Card, inter alia, in terms of non-cash settlements; he or she specified the accurate and complete data of the electronic payment instrument; he or she complies with the e-money operator's requirements.

Contractor reserves the right to require at any time the User to confirm the details he or she has specified in the Account, including the details of the Linked Card, and request supporting documents (in particular, identity documents); if Contractor decides so, failure to provide these documents may be equaled to providing of unreliable information and have consequences stipulated by Clause 3.1 of the Conditions.

When a User makes a payment for Subscription, Direct Cursus Technology L.L.C. (the company is registered in the UAE, Identification No: 1802868, place of business: UAE, Dubai, Trade Center Second, The Offices 2, Unit No. TO2-FLR03-03.05-17) is the recipient of the payment, since it acts on behalf of Contractor and is authorized by it to accept funds from the User as payment for the Subscription with the involvement of an authorized payment processor, or an operator of electronic funds, or other participants in settlements or information technology interaction, on its behalf, but at the expense of Contractor.

2.6. Remote access to the Content shall be considered to be provided to the User for the Subscription period in full from the moment the User pays for the Subscription in the Contractor’s server, provided that the fact of payment is reflected in the Contractor’s electronic accounting system (or from different time in cases specified in the Account) or from the moment the User pays for the subscription in the App Store or Google Play store.

The Contractor's obligations to provide the User with remote access to the Content shall be considered fulfilled to the User, regardless of whether the User requested the corresponding performance from the Contractor during the Subscription Period.

2.7. When subscribing from the Account, the User agrees that for each Subscription Period the User determined when subscribing Contractor may, as an advance fee, charge the Subscription fee (subscriber fee) set by Contractor on the day of payment until the User who bought the Subscription refuses to renew the Subscription for the next Subscription Period.

2.8. The User understands and agrees that by default, the Subscription is issued indefinitely as soon as the first Subscription Period is paid for. The User that purchases the Subscription has the right to refuse to renew the Subscription for the next Subscription Period in the Account or in the App Store or Google Play Store or by using the appropriate functionality of the Apple ID or Google account (for Users who purchase the Subscription in mobile app store). In this case, the Subscription (specifically, the User's remote access to the Content) shall cease on the day after the last paid day of the Subscription. Moreover, the Subscription may be stopped by the Contractor in any case, or on any grounds provided by the Conditions.

If the User's bank/credit card provider challenges a transaction carried out using a bank card to pay for the Subscription, Contractor may treat it as the User's refusal from Subscription from the date Contractor receives the corresponding request from the User's bank/credit card provider.

2.8.1. If the balance of the Linked Card is insufficient to renew the Subscription, Contractor may choose not to cancel the User's access to the Subscription until the Linked Card is debited with the subscription fee amount. Contractor may treat a long-term insufficient balance of the Linked Card as the User's refusal to renew the Subscription from the date the unpaid Subscription Period begins.

2.9. By accepting the Conditions, the User buying the Subscription with using the Account consents to the regular automatic debiting of his/her account to pay for the Subscription and acknowledges that debit orders issued under this clause of the Conditions are those of the User, and the processing center's and the acquiring bank's actions taken to debit the User's account in accordance with this Clause of the Conditions are performed with the User's consent.

Automatic debiting under this clause of the Conditions begins subject to the following:

- the User enters all the required details of the Linked Card;

- the automatic Linked Card debiting service is activated as follows: automatically when the first payment is made;

- by clicking the Subscribe butto (or any other similar button), which shall mean the User consents with these Conditions.

2.10. The Users confirm that they consent to the fact their personal information that they provided to the Contractor when using the Program as part of the Subscription (including when access to the content is provided), including when purchasing and paying for the Subscription, may be transferred by the Contractor to third parties, which the Contractor engaged to fulfill their rights and obligations in accordance with the terms. The User agrees that the Contractor has the right to store the User's personal information for no more than three years after the Subscription period has ceased.

2.11. The User is required to independently track information about their Subscription status in the Account or in Apple ID or Google account (paid Subscription Period, Subscription cost, list of available Content, which may change, including having Content added and removed), as well as to track any changes and additions made to the Conditions at https://yandex.com/legal/yango_plus_conditions, as well as any other documents to which the Conditions refer in prior notices. Changes and additions shall come into effect from the date indicated on the relevant pages or in prior notice.

2.12. The User accepts and agrees that any change to the list of Content and/or the Content itself shall not be grounds to cancel the Subscription, revise the cost for the paid Subscription Period, or return the money paid for the Subscription. The User accepts and agrees that although remote access to the Content is provided, specific components of the Content may not be available. Some components of the Content may not be available to the User in accordance with the terms of the document regulating their use.

The Rightholder at its sole discretion determines the Content of the Service. The Contractor is not responsible for availability or unavailability of some components of the Content.

These circumstances shall not be grounds to cancel the Subscription, revise the cost for the paid Subscription Period, or return the money paid for the Subscription.

3. Other terms and conditions. Restrictions

3.1. The Contractor reserves the right to, at their own discretion, refuse the User access to the Subscription, restrict the User's access to the Subscription, block the User's Account, including, but not limited to, upon detecting that the User provided incomplete or false information, or upon detecting that the User violated these Conditions or the legislation of the country of the User's location.

The provision of the Subscription, as well as these Conditions are governed by the law of Israel.

3.2. The Contractor has the right to unilaterally change the Subscription fee amount. However, if the user purchased and paid for a Subscription (with automatic renewal of the Subscription), they shall be notified of such a change within 3 (three) calendar days of the changes coming into effect by the following method (by the Contractor's choice): by publishing a new version of the Conditions at https://yandex.com/legal/yango_plus_conditions, or by publishing information about the new Subscription fee amount in the Account or in the AppStore or Google Play mobile app store or marketing and advertising materials provided to the user over the internet or other telecommunication channels. However, the cost of the Subscription Period actually paid by the User at the time the corresponding change was made shall not be subject to change.

3.3. As a general rule, User identification is done according to User’s Account data. The Contractor has the right to use any data for User identification, including information about the user who paid the fee, in cases where this method of identification does not violate the rights of the parties, the rights of third parties, or does not violate existing legislation.

3.4. Unless otherwise directly claimed to the User by the Contractor, the User does not have the right to transfer their rights and/or obligations within the Subscription to third parties, either for a fee or free of charge.

3.5. The User is required not to abuse the remote access to the Content that they have been provided with, including not carrying out actions aimed at the use of the Content in the interests of third parties.

3.6. The User is required to observe the requirements of all documents regulating the conditions of use of the corresponding services and provision of the Subscription.

3.7. If the User is provided access to the Subscription without independently purchasing or paying for the Subscription, then that User, by performing any actions aimed at receiving remote access to the content as part of the Subscription, confirms that they agree to these Conditions.

3.8. The Contractor shall take all reasonable measures and carry out any appropriate actions aimed at maintaining the functionality of the Yango Music Service, within which remote access to Content as a part of Subscription is provided. However, the User shall be aware of the possibility of technical malfunctions and failures in the operation of the Yango Music Service, and agrees that the Contractor does not have the technical ability to predict when and how they will occur, nor notify the User about them in advance, nor completely exclude the possibility of their occurrence. The occurrence of such malfunctions or failures, regardless of the causes and consequences, cannot be the basis for applying liability measures to the Contractor.

3.9. All questions and complaints related to the Conditions should be sent via the feedback form at https://yandex.com/support/id .

3.10. The Contractor has the right to engage third parties for the purposes of invoking or exercising their rights in accordance with these terms, at their own discretion.

Previous version of the document: https://yandex.com/legal/yango_plus_conditions/19052023

Previous version of the document: https://yandex.com/legal/yango_plus_conditions/01022023

Previous version of the document: https://yandex.com/legal/yango_plus_conditions/10012023

Previous version of the document: https://yandex.com/legal/yango_plus_conditions/10112022

Previous version of the document: https://yandex.com/legal/yango_plus_conditions/29072022