License Agreement for the use of the Yandex Disk program

1. General Provisions

1.1. YANDEX LLC (hereinafter referred to as Yandex) offers an Internet user (hereinafter referred to as the User) to use the Yandex Disk program (Entry in the Unified Register of Russian Programs for Electronic Computers and Databases No. 13635 dated May 20, 2022), available at: http://disk.yandex.ru (hereinafter referred to as the Program).

1.2. This License Agreement shall constitute a supplement to the User Agreement for Yandex Services regarding the procedure for using the Program. In all matters not covered by this License Agreement, the relations between Yandex and the User in connection with the use of the Program shall be governed by the User Agreement for Yandex Services (https://yandex.ru/legal/rules), the License to use Yandex Search Engine (https://yandex.ru/legal/termsofuse) and the Privacy Policy (https://yandex.ru/legal/confidential).

1.3. To use the Program via a PC, the User is entitled to use the Yandex Disk program for PCs, and to use the Program via mobile devices, the Yandex Disk application for mobile devices (hereinafter jointly referred to as the Programs). The use of the Programs shall be governed by the Yandex Desktop Software License Agreement https://yandex.ru/legal/desktop_software_agreement and the Yandex Disk Mobile Application License Agreement https://yandex.ru/legal/disk_mobile_agreement, respectively.

1.4. By starting to use the Program/its individual functions, the User shall be deemed to have accepted this License Agreement on the terms of an ordinary non-exclusive license, as well as the terms of all the above documents, to the full extent and without any reservations and exceptions. If the User does not agree with the provisions of these documents, the User is not entitled to use the Program.

1.5. This License Agreement may be amended by Yandex without any special notice, and the new version of the License Agreement shall come into force from the moment it is posted on the Internet at the address specified in this clause, unless otherwise provided for in the new version of the License Agreement. The current version of the License Agreement is always available at: https://yandex.ru/legal/disk_termsofuse.

1.6. If Yandex has made any amendments to this License Agreement, in the manner stipulated in clause 1.5. hereof, the User, in case of any disagreement with them, shall stop using the Program.

1.7. By using the Program, the User agrees to receive advertising and informational messages. The User has the right to refuse to receive advertising messages by using the appropriate functionality of the Program or by following the instructions specified in the received message.

2. Use of the Program. Selected functions of the Program

2.1. Yandex provides the User with the opportunity to use the Program to place files (hereinafter jointly referred to as "files" or "data") on the disk space of Yandex servers, to store files in the specified space, to synchronize files with User devices, to view files, modify them, delete them, control access to them by third parties, to access, by decision of other Users, data posted by other Users, as well as in other ways that do not contradict the provisions of this License Agreement and the documents, to which they refer, as well as the provisions of the laws applicable to the User, including the provisions of international law. Such rights shall be inalienable and non-transferrable to third parties. Use of the above features by the User is carried out using the Program or using the Program Web interface.

2.2. The Program provides the User with some special functions which enable image editing with processing application provided by Aviary, Inc. The User acknowledges and agrees that whenever the above functionality is used, the image in process and the data relating thereto may be transmitted to the hardware that belongs to Aviary, Inc. for the period of editing.

2.3. The Program offers the User special functions to create and edit notes, including the formation of lists and adding images, as well as storing notes on the disk space of Yandex servers and synchronize them with the User's devices.

The User is warned and agrees that these functions are in a limited functionality mode. Yandex is entitled to make any changes in the structure and algorithms of the functionality, suspend its operation, change or terminate its operation without the prior notice to the User.

2.4. The Program shall be used via an account created by Yandex. The User is warned and agrees that its login (user account name), data for First Name, Last Name, Gender and Name at Yandex specified when registering (using) such a login along with the image from its profile page (user icon) and the e-mail address can be displayed and made available to third parties, inter alia, in the Program event log, when the User provides or gains shared access to the data, when the User posts comments on the page with the shared data, and when the User invites third parties and accepts invitations from third parties. If the User has no account at Yandex services and is logged in at Yandex services through its social network account, the User’s image from its social network account page, its first name and last name indicated in its social network account and a link to its social network account, if any, will be published along with its comment on the page with the shared data.

2.5. The Program can provide the ability to access the functionality of Yandex.Telemost Program, which is designed to organize and participate in a videoconference under the terms of use of Yandex.Telemost Program posted at: https://yandex.ru/legal/telemost_termsofuse.

2.6. The Program offers the User a function that allows editing documents using the program provided by New Communication Technologies LLC on the terms and conditions posted at: https://r7-office.ru/doc/terms_of_service (hereinafter referred to as R7-Office Service).

2.7. The Program includes a functionality that allows compiling automatic selections of photos uploaded by the User and stored in the User's disk space (hereinafter referred to as Albums). Albums are formed automatically by processing photos with a special algorithm that does not imply access or viewing of photos by third parties.

2.8. The Program can provide the User with the functionality that allows creating scanned copies of images obtained from the User's device camera using Yandex Disk mobile application (https://yandex.ru/legal/disk_mobile_agreement) and/or Yandex Mail mobile application (https://yandex.ru/legal/mail_mobile_agreement), and saving them on such device and/or on the User's disk space (hereinafter referred to as the Scanner). The Scanner is provided using the Yandex Smart Camera function on the terms specified in the License Agreement for the use of the Yandex program for Mobile Devices (https://yandex.ru/legal/search_mobile_agreement).

The User is solely responsible for ensuring that the content of scanned copies of images obtained using the Scanner function complies with applicable laws, international law, including liability to third parties.

3. Cost free and paid features of the Program

3.1. The use of the standard features of the Program is carried out by the User free of charge.

The use of the advanced features of the Program is possible subject to the conclusion by the User (individual) of a fee-based License Agreement for the use of the advanced features of the Yandex Mail program (Entry in the Unified Register of Russian Programs for Electronic Computers and Databases No. 13555 dated May 20, 2022) for personal and family needs according to the rules published on the Internet at https://yandex.ru/legal/promail_offer, or subject to the purchase of a fee-based license "Disk Pro" under the terms and conditions of this License Agreement, or subject to the provision of advanced features of the Program in cases provided for by the document posted at https://yandex.ru/legal/disk_promocode.

Commercial use of the Program or any of its components is not subject to this License Agreement and is governed by the terms and conditions posted on the Internet at https://yandex.ru/legal/oferta_business.

3.2. By executing the fee-based License, the User enters into a license agreement with Yandex (hereinafter referred to as the Agreement) on the terms and conditions provided for herein. Under the Agreement, Yandex undertakes to provide the User with advanced features of the Yandex Disk program for the validity period of the license agreement equal to the License Period, and the User undertakes to pay the License fee. The License granted hereunder is an ordinary and non-exclusive license.

For the purposes of this License Agreement, the License Period is the period of time (month or year) for which the License is issued and the corresponding fee is set.

The License Period of one month shall begin on the date of payment for the License and expire on the respective date of the calendar month following the date of payment for the License.

The License Period of one year shall begin on the date of payment for the License and expire on the respective month and date of the calendar year following the date of payment for the License.

This License applies to the use of the Program in the territory: worldwide, where the use of the Program is technologically allowed.

The Yandex Disk license in advertising communications and individual elements of the Program interface can also be referred to as the "Subscription", and the Yandex Disk program as the "Service" without changing the legal status or content of the license.

3.3. Information about the amount of the License fee, the methods of its payment and the License Period, as well as information about other advanced features of the Program available when purchasing the License, are available at http://disk.yandex.ru/pay. This information is part of this License Agreement and is subject to the provisions of clause 1.5. hereof. The User acknowledges and agrees that the list of advanced features of the Program specified at http://disk.yandex.ru/pay, may be amended, supplemented and/or shortened.

When purchasing the License using the Yandex Disk mobile app (https://yandex.ru/legal/disk_mobile_agreement) the amount of the License fee may vary; information about the current fee can be found on the pages of the app store when purchasing the License.

The cost of the License is not subject to VAT due to the exemption provided for by the applicable laws of the Russian Federation (p. 26, cl. 2, Art. 149 of the Tax Code of the Russian Federation).

3.3.1. The User may be granted a discount (without reducing the amount of rights granted to use the Program) on the cost of the License in accordance with the conditions specified in the Discounts Policy document located on the Internet at https://yandex.ru/legal/disk_promocode. In the said cases, the final license fee, including the discount, is communicated to the User in the Program interface. Yandex unilaterally determines the amount of the discount, as well as the term and other conditions for granting the discount.

3.4. The payment of license fees shall be made by the User by way of prepayment. The License shall be deemed provided to the User with all functions of the Program and in full from the moment the User is granted access to disk space on the Yandex server. No other moment of time can be interpreted as the moment of Yandex's fulfillment of its obligations.

Yandex reserves the right to provide the User with access to the advanced features of the Program until the License fee is paid. In this case Yandex shall be deemed to have fulfilled all its obligations at the moment when the User is granted access to disk space on the Yandex server.

3.5. When purchasing the License, the User instructs Yandex to charge by way of prepayment the License fee (subscription fee) established by Yandex on the date of payment for each License Renewal Period defined by the User when purchasing the License until the User refuses to renew the License for the next License Period, on the following page http://disk.yandex.ru/tuning. Furthermore, the License may be terminated by Yandex in other cases or on other grounds provided for in this License Agreement.

3.6. Payment for the License shall be made from the Linked Card. For the purposes of this License Agreement, any bank card linked in the Program interface or in the User's account on the services (including mobile applications) of YANDEX LLC (its affiliates) (including linked when authorizing in the Program, before authorizing in the Program, or after) is considered a Linked Card. Yandex has the right to debit the amount of the License fee from any of the Linked Cards.

Failure by the User to pay the subscription fee for the relevant License Period constitutes a refusal by the User to renew the License. In this case, the User's access to the advanced features of the Program is terminated from the date following the last day of the paid License Period. If there is no sufficient amount of funds on the Linked Card(s) to renew the License, Yandex has the right to terminate the User's access to the advanced features of the Program from the date of the beginning of the unpaid License Period or to retain the User's access to the advanced features of the Program until the subscription fee is debited from the Linked Card.

3.7. By accepting this License Agreement, the User instructs Yandex, on behalf of the User, to make orders for debiting funds from the User's account (to which the Linked Card is linked) in favor of Yandex for the License, as well as to send the specified orders to the issuing bank of the User through the acquiring bank.

3.8. The User agrees to the automatic periodic debiting of funds from the user's account in payment of the fee for the License upon its order given in the manner prescribed by this clause of the License Agreement, and acknowledges that the orders for debiting funds from the user's account sent in accordance with this clause hereof are the orders of the User itself, and the actions of the processing center and the acquiring bank aimed at debiting funds in accordance with this clause hereof, are performed with the consent of the User.

The debiting of funds in accordance with this clause of the License Agreement begins to take place on an automatic basis if the following conditions are met:

• the User has specified all the necessary details of the Linked Card;
• by activation of the service for automatic debit of funds from the Linked Card as follows: automatically when the first payment is made;
• by clicking the "Pay for the License" button (or another button similar in functionality) confirming the User's consent to this License Agreement.

3.9. The User is obliged to independently monitor information about the License status in the User Account (the paid License Period, the cost of the License, the list of available advanced features of the Yandex Mail program), as well as monitor amendments and supplements to this License Agreement at https://yandex.ru/legal/disk_termsofuse.

3.10. The use of the Program is possible only when Internet access is available. The User shall independently receive and pay for such access on the terms and at the rates of its telecom operator or Internet provider.

3.11. As a general rule, the identification of the User is carried out according to its account data. Yandex 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 contradict the provisions of applicable laws.

3.12. In the cases provided for by the provisions of the applicable laws, when making payment for the License online, when returning the funds received as a result of the said payment, the cashier's receipt is sent to the email address specified when invoicing, or created during registration with Yandex ID (https://passport.yandex.ru) of the account under which the User was authorized when making the payment.

3.13. When purchasing the License using the Yandex Disk mobile application (https://yandex.ru/legal/disk_mobile_agreement) payment of the cost of the License selected by the User in the APP STORE is carried out using the following technologies: In App Subscriptions or In App Purchases provided by Apple Inc. Automatic renewal of access to the License shall be subject to the terms and conditions posted on the Internet at: https://www.apple.com/legal/internet-services/itunes/ru/terms.html.

Payment of the cost of the License selected by the User in the Google Play app store is carried out using the following technologies: In App Subscriptions ("SUBS") or In App Purchases ("INAPP") provided by Google LLC.

Automatic renewal of access to the License shall be subject to the terms and conditions posted on the Internet at: https://play.google.com/intl/ru_ru/about/play-terms.html.

All the provisions set forth in section 3 hereof, including the provisions of clauses 3.5-3.6 of the License Agreement, shall apply to the License purchased using the Yandex Disk mobile application.

3.14. 3 TB and Yandex Plus One-Month License and 3 TB and Yandex Plus One-Year License, which enable the User to take part in Yandex Plus benefits program under the terms posted at: https://yandex.ru/legal/yandex_plus_conditions. Herewith, if the User purchases one of the Licenses referred to in this clause, he/she agrees that no discounts apply to these Licenses.

4. Restrictions to the Use of the Program

4.1. The User shall determine at its discretion the manner in which to use the Program and shall be responsible for its use. The User shall be responsible for the compliance of the content of any file placed by the User with the requirements of the applicable laws, specifically, the standards of the international law, including liability to third parties in cases when placement of a file by the User infringes rights and legal interests of third parties.

4.2. When using the Program, the User shall refrain from placing such data and performing such actions as may be prohibited to be placed and performed in accordance with the User Agreement for Yandex Services.

The User is hereby informed and agrees that it is prohibited to use the Program and/or individual functions of the Program for unscrupulous purposes and to perform actions aimed at or entailing the violation of the rights and legitimate interests of third parties.

4.3. Yandex has the right to block access to files placed by the User, or to delete such files, and to transfer to third parties the User’s data obtained in connection with the provision of the Program in the following cases:

4.3.1. If Yandex is obligated to do so by virtue of a regulatory act

4.3.2. If Yandex receives from a third party a complaint, claim, inquiry, demand or any other notice stating that placement of a file has infringed the third party’s rights or the provisions of applicable laws;

4.3.3. If placement of a file threatens the normal operation of the Program

4.3.4. If Yandex receives a judicial act or an act issued by a law enforcement body, which obligates Yandex to do so.

4.4. Yandex has the right to delete files placed by the User in the following cases:

4.4.1. The file is placed in "Trash" directory of the Program for 30 (thirty) calendar days continuously.

4.5. Yandex reserves the right to restrict the User's access to the Program (or to certain features of the Program, if technologically possible) using the User's account or completely block the User's account in case of repeated violation of the provisions of this License Agreement or the documents to which they refer.

4.6. Yandex reserves the right to establish any (technical, legal, organizational or other) rules, limits and restrictions on the use of the Program, and may change them at its sole discretion, without prior notice to the User. To the extent not prohibited by applicable laws, these rules, limits and restrictions may vary for different categories of Users.

4.7. The User may not transfer, for a fee or free of charge, its rights and/or obligations to third parties.

4.8. Yandex reserves the right to restrict the User's access to the Program, as well as to delete any or all files and data stored on the User's disk space, in the following cases:

4.8.1. if the User exceeds the restrictions and/or limits set for the corresponding type of use, as well as if the User changes the file type in order to circumvent the rules or limits provided for in the Program. Yandex reserves the right to notify the User about the upcoming blocking and deletion of files. In case of non-receipt of a response and/or adjustment of limits, Yandex is entitled to block the User after forty-five (45) days from the date of the first notification, and after one hundred and eighty (180) days from the date of blocking, permanently delete user's files and data from disk space.

4.8.2. if the User fails to take any action to use the features of the Program for two consecutive years. Yandex reserves the right to notify the User about the upcoming blocking and deletion of files. If no response is received from the User and/or the User fails to take action in the Program, Yandex is entitled to block the User after seven (7) days from the date of notice, and after ninety (90) days from the date of blocking, permanently delete user's files and data from disk space.

4.9. The total volume of incoming data/files uploaded by the User to the Program during every 30 days, starting from the moment of the first upload of files/data to the Program (hereinafter referred to as the Upload Period), regardless of the upload source (direct upload, mail attachments, mobile application, etc.) cannot exceed the volume available to the User in the Program during the current Upload Period. The file/data, the uploading of which will exceed the specified limit, will not be uploaded to the storage during the current Upload Period. The available volume for uploading data/files to the Program is communicated to users by publishing the relevant information at: https://yandex.ru/support/disk/enlarge/disk-space.html#limit

5. Distribution of data. Granting shared and public access to files.

5.1. The Program enables the User to distribute data by granting shared access (i.e. file access shared by several users of the Program) or public access to a file (i.e. file access granted to all users of the Internet knowing the file’s address as a link).

5.2. When using the Program’s functions specified in cl. 5.1. of the License Agreement, the User shall act in good faith and refrain from any misuse of the said functions. In addition, the User shall refrain from arranging any mass file-sharing through the Program’s functions. Yandex may apply rules, limits and restrictions so as to prevent, restrict or terminate any mass file-sharing as prescribed by clause 4.5. hereof.

6. Liability

6.1. Yandex shall take all reasonable measures and perform all practicable actions to ensure the integrity of the User’s data and to maintain the performance of the Program. However, the User shall be aware of the possibility of technical malfunctions and failures in the operation of the Program, and agrees that Yandex 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. Regardless of the reasons and consequences, the occurrence of such faults or failures may not be the basis for subjecting Yandex to any penalties.

Yandex shall not be responsible for the operation of R7-Office Service, shall not guarantee the correctness of its operation, and shall not be responsible for damages caused by the unavailability of R7-Office Service or inability to use R7-Office Service. In case of malfunctions, or any issues or claims, the User shall contact New Communication Technologies JSC at the addresses specified in terms of use on the Internet page at: https://r7-office.ru/doc/terms_of_service.

6.2. Yandex is under no obligation to moderate, view, edit or control the files placed by the Users within the Program and provides no warranty that the files placed by the User within the Program do not breach provisions of this License Agreement, legal enactments and other documents. The User acknowledges and agrees that Yandex is under no obligation to view any data placed and/or distributed via the Program. The User is aware and agrees that the User shall assess at its discretion all the risks associated with the use of the data posted in the Program including an assessment of reliability, completeness, safety, legality or utility of such data.

6.3. Any data obtained with the use of the Program shall be used by the User at its own risk, and the User shall be solely liable for possible consequences of the use of such data, including for damage that may be caused to the User’s PC or mobile device or to third parties, for loss of data, infringement of rights or any other damage. Yandex bears no liability for any type of damages resulting from the use or unavailability of the Program or its individual components/functions, including due to possible errors or failures in its operation, except in cases expressly stipulated by the provisions of applicable laws.

6.4. Irrespective of the User’s location or the location of the User’s equipment, any and all relations in connection with the use of the Program shall be governed by the applicable laws of the Russian Federation and any and all claims or lawsuits arising out of the use of the Program shall be submitted and considered at a court at the location of Yandex.

6.5. Yandex may provide the User with a translation of this License Agreement from Russian into other languages, but in the event of a conflict between the Russian version of the License Agreement and its translation, the Russian version shall be legally binding.

6.6. Any and all questions, requests and claims related to the use/inability to use the Program, as well as any potential infringement of the laws and/or third party rights, shall be forwarded via the feedback form available at: https://yandex.ru/support/abuse/troubleshooting/disk/list.html.

Date of publication: 03.08.2022.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/31032021.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/04032021.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/30092020.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/06082020.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/23072020.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/24042020.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/07042020.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/30102019.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/04092019.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/02102018.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/10082018.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/27062018.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/21122017.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/20062017.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/19082016

Previous version of the document https://yandex.ru/legal/disk_termsofuse/11122015.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/27032015.

Previous version of the document https://yandex.ru/legal/disk_termsofuse/25072013.