Kristina Terms of service
Legal force. Only the Russian version of this document has legal effect. This translation is provided for convenience; if the two differ in any way, the Russian original governs — read the original. The service is operated under the law of the Russian Federation, and the Russian text is the one a court, a regulator and the parties rely on.
How the documents fit together: the terms of paid access — plans, payment, automatic renewal, refunds and the Provider’s details — are set by the public offer. This document sets the rules for using the service and forms an integral part of the offer; it makes no claim to the contractual part.
1. What this document governs
1.1. These Terms set the rules for using the “Kristina AI” service, published at kristina-ai.ru.
1.2. The words “Provider” and “Customer” have the meanings given to them in the public offer.
1.3. Where these Terms and the offer conflict, the offer prevails.
1.4. By using the service, the Customer and its users accept these Terms. If the Terms are not acceptable, the service must not be used.
2. The service and its boundaries
2.1. The service receives incoming enquiries from the Customer’s customers through the connected channels, forms answers on the basis of the knowledge base uploaded by the Customer, collects enquiries and passes them to the Customer’s users and to the connected external systems.
2.2. The service is not a telecommunications operator, is not a customer relationship management system and does not replace anything that requires a licence.
2.3. The service is not intended for obtaining professional medical, legal, tax or financial advice, nor for use where an incorrect answer could cause harm to life, health or property. The Customer undertakes not to use the service in such ways.
3. Accounts and access
3.1. The Customer ensures that its registration details are accurate and keeps them up to date.
3.2. The Customer is responsible for keeping passwords safe and for the acts of all users in its organisation as if they were its own.
3.3. The Customer notifies the Provider without delay if control of an account is lost.
3.4. An account may not be transferred to third parties or used to provide services outside the Customer’s organisation.
4. Data about the Customer’s customers
4.1. In respect of the personal data of the Customer’s customers and visitors that reaches the service, the Customer is the operator; the Provider processes that data on the Customer’s instructions. The roles of the parties are fixed by section 8 of the offer, and the manner of processing by the personal data policy.
4.2. The Customer ensures that there are lawful grounds for transferring such data to the service, including obtaining the necessary consents, notifying the data subjects and dealing with their requests.
4.3. The Customer does not transfer to the service special categories of personal data, biometric personal data or information protected as a secret by law, unless the parties have expressly agreed otherwise in writing.
5. Answers generated by a language model
5.1. Answers are generated automatically and may contain errors, inaccuracies and statements that are not true.
5.2. How independently the service acts — the answer moderation mode — is chosen by the Customer and may be changed at any time. Choosing a mode in which an answer is sent to a customer without human review is a decision of the Customer, taken with the risk described in clause 5.1 in mind.
5.3. An answer sent in the Customer’s name is, for that customer, a message from the Customer. The Customer is responsible for the content of messages to its customers and for honouring the commitments made in them.
5.4. The Customer undertakes not to present the service’s answers as professional advice and not to conceal from customers that the conversation is automated where the law requires that to be disclosed.
6. Acceptable use
6.1. When using the service it is prohibited to:
- break the law or infringe the rights of third parties;
- send through the service messages whose distribution requires the recipient’s prior consent, without holding such consent;
- upload to the knowledge base material to which the Customer does not hold the rights;
- mislead customers as to whose name the conversation is being conducted in;
- interfere with the operation of the service, circumvent the limits set by the plan, or create excessive load;
- probe the service for vulnerabilities without the Provider’s written consent;
- copy, decompile or reproduce the software of the service, except where the law expressly permits it.
7. Rights in the service and in the Customer’s material
7.1. The exclusive rights in the service, its software, its design and its documentation belong to the Provider. The contract does not transfer them: the Customer receives the right to use the service within the limits of the plan paid for and for the period it runs.
7.2. The rights in the knowledge base and in other material uploaded by the Customer remain with the Customer. The Customer grants the Provider the right to use them solely in order to provide the services under the contract.
7.3. The Customer’s name, trade marks and logos may be used in the Provider’s promotional and informational material only with the Customer’s written consent.
8. Availability of the service and changes to it
8.1. The Provider may change the set of channels, integrations and features, and may discontinue support for individual ones. The Provider gives the Customer advance notice of material changes where circumstances allow.
8.2. Maintenance and update work may involve interruptions to the service.
8.3. If a channel or an external system is discontinued or changed at the initiative of the third party that owns it, that is outside the Provider’s control and is not a breach of contract on its part.
9. The service is provided “as is”
9.1. The service is provided “AS IS” and “AS AVAILABLE”.
9.2. The Provider gives no warranties that are not expressly stated in the offer and in these Terms, including any warranty that the service is fit for the Customer’s particular purposes, meets its expectations, or runs without interruption or error, or that the Customer will achieve any commercial result.
9.3. The Provider does not warrant the accuracy, completeness, appropriateness or legal correctness of answers generated by the language model, nor that the customer’s intent will be recognised correctly.
9.4. No service level agreement (SLA) has been concluded between the parties. Availability targets, how they are measured and what follows if they are missed may be agreed in a separate written agreement; until then no availability target is guaranteed.
9.5. Features marked as experimental, preview or beta are provided subject to this section in full and may be changed or switched off without prior notice.
10. Liability and its limits
10.1. This section is written for relations between persons carrying on business activity. By registering a company the Customer confirms that it is acquiring the services for purposes connected with such activity and that consumer protection legislation does not apply to the relations between the parties. If the services are in fact acquired for personal, family or household needs, the mandatory rules established in favour of a consumer take precedence over the provisions of this section.
10.2. The Provider’s aggregate liability for the whole term of the contract is limited to the amount actually paid by the Customer for the last period paid for (articles 15 and 400 of the Civil Code of the Russian Federation). If no payment has been made, liability is limited to the cost of one month of the cheapest paid plan in force on the date of the breach.
10.3. The Provider does not compensate lost profit, indirect losses, loss of commercial opportunity or harm to the Customer’s business reputation.
10.4. The Provider is not responsible for: the content of the knowledge base, the scenarios and the settings determined by the Customer; the acts and omissions of the Customer’s users; decisions taken by the Customer or its customers on the basis of the service’s answers; the consequences of the Customer choosing a mode in which answers are sent without human review; interruptions and failures caused by third parties — language model providers, the payment service, messengers and classifieds platforms, online booking and customer record systems, telecommunications operators and providers of computing infrastructure.
10.5. A party is not liable for failure to perform, or improper performance of, an obligation caused by force majeure (clause 3 of article 401 of the Civil Code). The party affected notifies the other within a reasonable time.
10.6. The limits set by this section do not apply:
- to liability for an intentional breach of an obligation — an agreement made in advance to exclude or limit such liability is void (clause 4 of article 401 of the Civil Code);
- to liability for harm to life and health;
- to the parties’ duties under personal data legislation and to the rights of data subjects — these cannot be changed or limited by agreement between the parties.
11. The Customer’s representations and indemnity
11.1. The Customer represents to the Provider (article 431.2 of the Civil Code) that: it is authorised to enter into the contract; it has lawful grounds for transferring its customers’ personal data to the service, including the consents obtained from them; the content of the knowledge base does not infringe the rights of third parties or the requirements of the law; and the information about services, prices and terms that the service states in its name is accurate.
11.2. The Customer compensates the Provider for property losses (article 406.1 of the Civil Code) arising in connection with claims by third parties, including the Customer’s own customers, and with measures taken by state authorities, where those claims or measures are caused by the inaccuracy of the representations in clause 11.1, by the content of the Customer’s knowledge base and scenarios, or by the Customer’s lack of a lawful basis for processing its customers’ data.
11.3. The duty under clause 11.2 does not arise to the extent that the claim or measure is caused by a breach on the part of the Provider itself.
12. Suspension and termination of access
12.1. The Provider may suspend access to the service where the law or these Terms are breached, where the security of the service or of the data it processes is threatened, where acts create excessive load, and where payment is not made in the manner set by the offer.
12.2. Suspension is applied proportionately to the breach and, where circumstances allow, after warning the Customer. Access is restored once the cause has been removed.
12.3. How the Customer may withdraw from the contract, and what follows from that, is set by the offer.
13. Governing law and dispute resolution
13.1. The relations between the parties are governed by the law of the Russian Federation.
13.2. Before going to court the parties take steps to settle the matter between themselves. A claim is sent to the contact details in section 11 of the offer and is considered within 30 calendar days.
13.3. Disputes not settled out of court are heard by a court under the rules of jurisdiction established by law.
14. Changes to the Terms
14.1. The Provider may amend these Terms by publishing a new revision at this address.
14.2. Changes have no retrospective effect: the revision in force on the date of payment applies to the period already paid for.
14.3. The Provider notifies the Customer of material changes by a means that allows the fact of notification to be established.