Public offer — terms of service

The contract is formed when you do any of the following: pay an invoice in whole or in part; confirm a scope of work in writing by email, messenger or the chat on this site; or accept the result of work already started.

Acceptance means full and unconditional agreement to all terms of the offer. Written correspondence in any of the channels above has the force of simple written form.

The scope of work is fixed by a brief, which may be a separate document or agreed in correspondence. Anything not expressly included is out of scope and billed separately.

Work is billed hourly unless a fixed stage price is agreed. Time is tracked by the Contractor, whose records are the basis for settlement, and rounded up to the nearest half hour per task.

Only actual working time is billable. Time spent on approvals, correspondence and waiting for the Client’s answers or materials is not counted as billable hours unless otherwise agreed.

Any rate quoted before a full description of the task is indicative, is not an estimate and does not bind the Contractor.

Work is performed on a prepayment basis; the Contractor starts once funds are received. In staged projects, each stage begins after the previous one is paid.

The Contractor applies a special tax regime; VAT is not charged.

Bank and payment-system fees are borne by the Client. Payment is deemed made when the full amount is credited to the Contractor’s account.

Third-party services, licences, compute resources, AI model calls, domains, certificates and hosting are paid by the Client separately from the fee for services, unless expressly agreed otherwise.

Delivery dates are indicative and are not a material term unless expressly agreed in writing.

Deadlines extend automatically for any period spent waiting on the Client for answers, access, accounts, content, materials or sign-off. After ten working days of such delay the Contractor may suspend work and reschedule according to current workload.

The result is delivered by any agreed channel, including email, messenger, or access to a repository or test environment.

The Client has five working days to send reasoned objections. If none are sent within that period, the services are deemed accepted in full and payable, with no separate acceptance certificate.

Only non-conformity with the agreed brief counts as a reasoned objection. New or changed requirements are handled as a change of scope: a new brief, additional hours and a proportionate extension of deadlines.

Putting the result into actual use, including publishing it, counts as acceptance.

Exclusive rights in the deliverables pass to the Client upon full payment for the relevant stage. Until then the rights remain with the Contractor and the result may not be used.

The Contractor retains the right to reuse general approaches, methods, architectural solutions and its own libraries and pre-existing work that contain no confidential information of the Client.

Third-party software included in the result is licensed to the Client on its own rightsholders’ terms.

The Contractor may name the Client and the project and show screenshots and a general description in its portfolio and professional publications, without disclosing confidential information or commercial figures. The Client may prohibit this in writing at any time.

Defects in the Contractor’s own code that are reported within 14 calendar days of acceptance and reproduce in the agreed environment are fixed free of charge.

The warranty does not cover changes made by the Client or third parties; consequences of changes to, or discontinuation of, third-party services, APIs, payment systems, operating systems, browsers or app stores; new or changed requirements; content and data supplied by the Client; or operation in environments that were not agreed.

The Contractor is accountable for performing the work per the brief and does not guarantee commercial outcomes — in particular search rankings or traffic, conversion, revenue or return on investment, approval by App Store, Google Play or other stores, approval by payment providers or banks, or uninterrupted operation of third-party services.

Where the work involves machine-learning or large language models, the Client acknowledges that such models are probabilistic and non-deterministic: identical input may produce differing output.

The Contractor does not guarantee the accuracy, completeness, reliability or legal or factual correctness of model output, nor the absence of erroneous statements in it. Engineering measures reduce the error rate; they cannot eliminate it.

The Client decides whether model output is fit for its purpose and is fully responsible for decisions taken on the basis of it. Model output is not professional advice of any kind.

Such systems depend on third-party model providers. Changes to their pricing or terms, access restrictions, changes in model behaviour or discontinuation of specific models are not a breach by the Contractor; adapting the system is separate, billable work.

Model call costs, compute and storage are borne by the Client. The Client is responsible for the lawfulness of any data, including personal data, submitted to the system.

The Contractor’s aggregate liability under the contract, on any basis, is limited to the amount actually received for the stage giving rise to the claim.

The Contractor is not liable for lost profit, indirect or consequential loss, business interruption, loss or corruption of data, or reputational harm.

The Client warrants that it holds all necessary rights in the materials, content, trade marks and data it supplies, and that their agreed use infringes no third-party rights. The Client is responsible for the content and lawfulness of the information it publishes and the data it processes, including compliance with data protection law towards its own users.

If a third party or an authority brings a claim against the Contractor arising from the Client’s materials, data or instructions, the Client indemnifies the Contractor for the resulting costs, including penalties and legal fees.

The Client may terminate at any time on payment of the Contractor’s actual costs incurred (art. 782 of the Russian Civil Code). The parties agree that these comprise: all hours actually worked as at the date of notice, at the agreed rate and per the Contractor’s records; non-refundable third-party services, licences and compute purchased for the project; and up to 20% of the value of the unworked part of the paid stage, representing capacity reserved and no longer reallocable.

Any remaining balance of the advance is refunded within ten working days of the notice and bank details being received. Work completed before termination is handed over once paid for in full.

The Contractor may terminate for non-payment beyond ten working days, failure to supply materials, access or answers beyond twenty working days, breach of the Client’s warranties, or abusive conduct — refunding the unworked balance less actual costs on the same basis.

Each party keeps confidential any information the other expressly marks as such, for three years from receipt. A separate NDA can be signed before work starts on request.

Neither party is liable for failure caused by force majeure. In addition to generally recognised events, the parties treat as force majeure: unavailability, access restriction, changed terms or discontinuation of third-party APIs, AI model providers, payment systems, app stores and cloud services; hosting and telecom outages; sanctions, restrictive measures, decisions of state authorities and network blocking; and mass network or power failures. Deadlines extend for the duration of such events.

Personal data received through kibin.pro is processed in accordance with the privacy policy at kibin.pro/en/privacy/. Where the Contractor processes personal data of the Client’s users, it does so on the Client’s instructions; the Client remains the controller.

The Contractor may amend this offer unilaterally; a new version takes effect on publication at kibin.pro/ru/offer/. Work already accepted and paid for remains governed by the version in force at the date of acceptance.

A written complaint procedure is mandatory, with a 30 calendar day period for response; complaints may be sent by email. Failing agreement, disputes go to the court at the Contractor’s location — the Commercial Court of the Nizhny Novgorod Region, or, where the dispute falls outside commercial court jurisdiction, the court of general jurisdiction at the Contractor’s place of residence. Russian law governs.

• Индивидуальный предприниматель Кибин Александр Александрович (Alexander Kibin, sole proprietor, Russia)
• TIN 521901801928
• State registration number 317527500051082
• Email: aa@kibin.pro
• Site: kibin.pro