Terms of service

This page summarises in English the public offer that governs a Noir subscription. Under Article 437 of the Russian Civil Code the offer is addressed to any adult individual who wants to subscribe. Paying for a plan counts as acceptance: at that moment a contract of adhesion is concluded on the terms below (Article 428 of the Russian Civil Code).

1. The parties

The provider is an individual applying Russia's special "professional income tax" regime (NPD) under Federal Law 422-FZ, identified in section 13 below and on the Contacts page. The customer is an individual of at least 18 years of age with legal capacity who has accepted the offer by paying.

2. What the service is

Noir is a hardware and software system that carries the customer's data over an encrypted channel between the customer's device and the provider's servers. The service is delivered remotely through that infrastructure; access details and setup instructions are issued after payment.

It is supplied for personal, family and household use and is not tied to any business activity of the customer. The specifics (how many server locations there are, how many devices may connect at once, how much data is included) are published on the site. They may be revised, but the terms of a subscription you have already paid for hold until that subscription expires.

3. Price, payment and acceptance

To conclude the contract you pick a plan on the site, read the offer together with the data processing policy and the refund terms, and pay by bank card or another available method through the payment provider's secure connection. The contract is concluded when the full amount reaches the provider's account through the payment provider.

Prices are set in Russian roubles and include everything payable. Fees charged by the payment provider and by your issuing bank are inside that price and are not billed on top. Prices may be changed by publishing a new version on the site, and a change never applies to a subscription already paid for.

A free trial is also available. It requires no payment and does not amount to accepting the paid terms; starting it does mean you accept the data processing terms and the technical conditions of service. The length of the trial and the current prices are published on the site.

4. Automatic renewal

At checkout you may choose automatic renewal. You make the first payment yourself, and the payment provider stores the card for later charges. Each later charge equals the price of the plan as it stood when automatic renewal was switched on and is not changed unilaterally. Charges follow the length of your plan: every 30, 90, 180 or 360 calendar days.

The charge is taken when the paid term ends and extends the subscription by another term of the same plan. You are notified of every charge in the service's Telegram bot. You can turn automatic renewal off and unbind the card yourself in your account at id.heynoir.com without contacting support; charges then stop and the term you have already paid for runs to its end. Every charge carries its own refund right on the terms in section 9, counted from the date of that charge.

5. Term, activation and availability

The subscription runs from the moment payment is credited and lasts 30, 90, 180 or 360 calendar days depending on the plan. Access is switched on within an hour of payment arriving; in exceptional cases activation may take longer for technical reasons, and you are told about it by email or in the Telegram service channel.

When the paid term ends the subscription stops automatically unless automatic renewal is on, in which case a new term is charged. You download and install the client software yourself, following the instructions issued after payment. Windows, macOS, iOS, Android and Linux are supported. The service may be temporarily unavailable during planned work, maintenance and incident recovery; the provider makes reasonable efforts to keep such periods short.

6. Receipts

The provider works under the professional income tax regime (Federal Law 422-FZ). For every payment a receipt is generated in the Federal Tax Service's "Moy Nalog" app, and a link to it is sent to the email address given at checkout, or in the Telegram service channel, or in a message from the payment provider. You agree to receive the receipt electronically and may request a duplicate from support.

7. What each side undertakes

The provider undertakes to deliver the service as described in the offer and on the site; keep confidential what it learns in the course of the contract, on the terms of the data processing policy; support the customer on questions about how the service works, through the Telegram service channel and by email, within reasonable time; give notice of planned work that materially affects availability; and issue receipts as described above.

The provider may change the list of server locations, the technical parameters and the interface while keeping the core functionality; refuse or suspend service if the customer breaks the restrictions in section 8, having notified them by email or in the Telegram service channel; and involve third parties (hosting providers, payment providers, the operator of Telegram) in performing the contract.

The customer undertakes to pay for the service as set out in the offer; provide compatible equipment and an internet connection; keep access credentials private and not hand the subscription on to anyone else; use the service for personal purposes only and in line with applicable Russian law; and take responsibility for the content they transmit through the service.

8. What the service may not be used for

The customer may not use the service to do anything prohibited by Russian law, to distribute malware or attack other information systems, to send bulk unsolicited mail, or for any other activity that infringes the rights and lawful interests of third parties.

9. Refunds

You may cancel the subscription and ask for your money back within 7 (seven) calendar days of acceptance, provided the volume of data actually carried through the service does not exceed the limit set out under Refund terms. Send the request to the provider's email address quoting the payment identifier. The refund goes back to the same bank card within 10 (ten) working days of the request being confirmed.

After 7 calendar days, or once the usage limit has been passed, the service counts as fully delivered and is not refundable, except in the cases Russian law expressly provides for.

10. Liability

Each side is liable for failing to perform, or performing badly, under Russian law. The provider is not liable for the service being unusable for reasons outside its control, including anything to do with your carrier, your equipment, the operator of Telegram or your issuing bank; for the content of what you transmit through the service; or for your own actions that break Russian law.

The provider's total liability under the contract is capped at the amount you paid for the subscription and have not been refunded. Neither side is liable for failures caused by force majeure, including natural disasters, epidemics and acts of public authorities that materially affect the ability to perform.

11. Personal data

How your personal data is handled is set out in the data processing policy, which is published on the site and forms part of the offer. By accepting the offer you confirm that you have read it and agree with it.

12. Changes and disputes

The offer stands until the provider withdraws it, and may be amended unilaterally: a new version takes effect when published on the site unless the new version itself sets a later date. Relations under contracts already concluded stay governed by the version in force at the time of acceptance, except where the law requires otherwise or both sides agree otherwise.

Disputes are settled by negotiation. Failing agreement, a dispute is heard by a court at the customer's place of residence under Russian law.

13. Provider details

Full name	Vadim Aleksandrovich Tolmachev
Tax ID (INN)	402404547192
Status	Payer of professional income tax (NPD) under Federal Law 422-FZ
Phone	+7 920 870-08-00
Email	hello@heynoir.com
How to reach us	Email (above); service notifications go to Telegram once you have paid
Website	heynoir.com

The Russian original takes effect when it is published on the site, and the version in force is always available at heynoir.com/offer.html. Full provider details, including the postal address, are given there.