This is a translation provided for convenience; in case of discrepancy the Russian version prevails. Русская версия
Offmaps User Agreement
This User Agreement (the “Agreement”) governs the relationship between Ilya Ivanovich Malakhov, the rights holder of the Offmaps service (the “Operator”, the “Rights Holder”, “we”), and any person using the Offmaps service available on the Internet at https://offmaps.ru/ (including subdomains) or any other domain officially used by the Operator to provide access to the Offmaps service (the “Service”, “Offmaps”).
The Agreement is a contract of adhesion. The Service may be used only upon full and unconditional acceptance of the terms of this Agreement.
Acceptance of the Agreement means any implied action (conduct) of the User aimed at using the Service, including opening pages of the Service, registration, authorization, creating a profile, uploading or downloading a route, creating a meetup, joining a meetup, sending a chat message, paying for a plan, or continuing to use the Service after a new version of the Agreement has been published, where this is permitted by applicable law.
If the User does not agree with the terms of the Agreement, the User must immediately stop using the Service.
1. Terms and definitions
1.1. Service (Offmaps) means the computer program, database and set of information resources intended for searching, viewing, uploading, downloading and using routes, exchanging user content, creating meetups/trips, coordinating participants and communicating within the off-road community.
1.2. User means a natural person who uses the Service in their own name or as a duly authorized representative of a legal entity.
1.3. Account means the User’s personal access to the functionality of the Service, linked to an email address, phone number, username or other identifier.
1.4. Route means a track, coordinates, a GPX/KML file, a map scheme, a description, a card, metadata, a difficulty level, a vehicle type, recommendations, comments and other information about a trip or a path of travel.
1.5. Meetup (trip) means a card for a joint outing created by a User that contains the date, time, place, description, list of participants, messages and other related data.
1.6. User content means any data, materials and messages posted by a User in the Service: routes, files, photos, videos, reviews, comments, chat messages, descriptions, coordinates, marks and other information.
1.7. Meetup organizer means a User who has created a meetup/trip card or who in fact coordinates an offline event through the Service.
1.8. Paid functionality means additional features of the Service access to which is provided for a fee under separate plans, offers or terms published on the Site.
2. Subject of the Agreement
2.1. The Operator grants the User the opportunity to use the Service within the scope of its intended functionality, and the User undertakes to comply with this Agreement, the applicable legislation of the Russian Federation, the rights of third parties, and the safety and route publishing rules posted in the Service.
2.2. The Service provides digital tools for working with routes and coordinating users. The Service is not a trip organizer, tour operator, excursion organization, carrier, instructor, driving school, emergency service, rescue service or medical organization.
2.3. The Operator does not guarantee that any Route, terrain description, or mark of surface, difficulty, passability, accessibility, weather conditions, water crossings, access restrictions, required equipment or group composition is complete, up to date, safe or suitable for a particular User, vehicle, season and actual conditions.
2.4. The User independently makes decisions about going on an outing, taking part in a meetup, choosing a vehicle, equipment, route, means of communication and fuel, medical limitations, and the lawfulness of access to the territory.
3. Registration, access and age restrictions
3.1. To use certain functions of the Service, the User undergoes registration, authorization and/or confirmation of credentials in the manner provided for by the Service interface.
3.2. The User must provide accurate, up-to-date and non-misleading information. The Operator may, but is not obliged to, verify the accuracy of such information.
3.3. The User must keep their credentials confidential and immediately notify the Operator of any case of unauthorized access to the account.
3.4. The Service is intended primarily for persons aged 18 and over. Registration and independent use of the Service by persons under 18 are permitted only where the necessary legal grounds exist and with the consent of a legal representative, if required by law. The Operator may request confirmation of age or restrict access in case of doubt.
3.5. The Operator may introduce multi-factor authentication, code confirmation, limits on the number of sessions, temporary blocking and other measures to protect accounts and the security of the Service.
4. User content, routes, meetups and chats
4.1. The User may post in the Service only content for which the User has legal grounds: rights, consents, permissions and/or other necessary legal grounds.
4.2. By posting a Route, file, photo, video, description, comment, review, message or other materials, the User warrants that such content does not violate the law, the rights of third parties, the protection regime of territories, intellectual property requirements, the trade secret regime, image rights, personal data rights or other interests protected by law.
4.3. The User bears full responsibility for the accuracy and lawfulness of the route information, including start/finish points, coordinates, track quality, access restrictions, difficulty, seasonality, surface, water crossings, the presence of private or closed territories, the need for special equipment and other material conditions.
4.4. The creator of a meetup/trip acts in their own name and is not a representative of the Operator. All offline arrangements between Users are made directly, without the Operator’s intermediation, unless expressly stated otherwise in the Service interface.
4.5. The Operator does not check every meetup participant and does not guarantee their trustworthiness, skills, health, whether they hold the required licenses or insurance, the serviceability of vehicles, the lawfulness of their presence in the territory or actual compliance with arrangements between Users.
4.6. Chat messages, comments and other communications of Users are user content. The User must communicate in a businesslike and respectful manner and must not post threats, insults, harassment, advertising without consent, unlawful calls to action, personal data of third parties without a legal ground, or other prohibited content.
4.7. By posting user content in the Service, the User grants the Operator a non-exclusive, royalty-free right, valid for the entire term of protection of the respective rights, to use such content to the extent necessary for the operation of the Service: to store, reproduce, adapt to technical requirements, index, display, distribute within the Service, moderate, archive, and make available for download at the User’s choice, and also to use publicly posted content in informational and marketing materials of the Service, with attribution of authorship/username where technically possible.
4.8. The User understands and agrees that any uploaded track, route file and description may be downloaded or used by other Users within the functionality of the Service and the selected privacy settings.
5. Prohibited actions
- using the Service for unlawful purposes, including to prepare or commit offenses;
- posting content that violates the legislation of the Russian Federation, the rights of third parties or safety requirements, or that contains false information about routes and trips;
- posting routes that propose entering private, restricted-access, guarded, nature reserve, closed or other restricted territories without legal grounds;
- posting instructions aimed at causing harm to life, health, property, vehicles, infrastructure or the environment, or at circumventing the law;
- attempting to gain unauthorized access to accounts, infrastructure, the API, source code, databases or other components of the Service;
- automated data collection, parsing, scraping, or circumvention of technical restrictions, unless expressly permitted by the Operator;
- sending spam, hidden advertising, phishing, malware, malicious links, impersonation, creating fake profiles;
- copying, decompiling, modifying or otherwise unlawfully using the program code of the Service, except where expressly permitted by law.
6. Rights and obligations of the User
6.1. The User may use the Service for its intended purpose, create and configure an account, search and filter routes, upload and download tracks, create meetups, join them, communicate with other Users and use other functionality within the current version of the Service and the selected plan.
6.2. The User must independently assess the safety and lawfulness of each outing, route and offline interaction, and check the weather, communications, topography, the presence of restrictions and private territories, the condition of the vehicle, and the availability of equipment, a first-aid kit, water, fuel and recovery gear.
6.3. If the Service includes an alarm message, SOS button, coordinate sending or emergency notification functionality, the User understands that such functionality is provided on certain terms, may depend on the Internet, GPS, the battery, the device and third-party services, and does not replace calling 112 or other official services.
6.4. The User must immediately notify the Operator of unlawful content, threats, account compromise, security failures and other circumstances that may cause harm to the Service or other Users.
7. Rights and obligations of the Operator
7.1. The Operator may at any time change the interface, functionality, structure, design, the set of services, the list of available functions, search and display algorithms, and the terms of access to them.
7.2. The Operator may moderate, hide, restrict, temporarily block or delete any content, account, meetup, message or route if there are grounds to believe that they violate the law, the rights of third parties, this Agreement or safety requirements, or create a risk to users, the Operator or third parties.
7.3. The Operator may send the User service notifications related to security, access, changes to documents, the status of an account, route, meetup or payment, or other actions in the Service. Such notifications are not advertising unless expressly stated otherwise.
7.4. The Operator undertakes to make reasonable efforts to keep the Service operational, but does not guarantee that it will be uninterrupted, error-free or continuously available, or that no data will be lost.
8. Intellectual property
8.1. The exclusive rights to the Service, the program code, design, database, brand designations, interface elements, and the selection and structure of materials belong to the Operator or to other rights holders on a lawful basis.
8.2. The User retains the rights to their user content to the extent such rights belong to the User by law, subject to the license granted to the Operator under clause 4.7 of this Agreement.
8.3. If the User believes that content posted in the Service infringes their rights, the User may send the Operator a reasoned claim with evidence of the rights and a description of the disputed material. The Operator may request additional information and take measures based on the results of reviewing the claim.
9. Personal data and communications
9.1. The User’s personal data is processed in accordance with the Offmaps Policy on the Processing of Personal Data and other documents of the Operator.
9.2. By using the Service, the User confirms that they have read the Policy and, where necessary, have given the consents provided for by the Service interface.
9.3. For advertising and informational mailings that are not mandatory service notifications, the Operator obtains the User’s separate consent where required by law.
10. Limitation of liability
10.1. The Service is provided on an “as is” basis.
10.2. The Operator is not liable for any consequences of using routes, files, coordinates, descriptions, meetups, messages, reviews and other user content, including, without limitation, injury, death, harm to health, damage to or loss of vehicles, fines, vehicle recovery, towing, costs of rescue operations, access restrictions and permit requirements, loss of communication, loss of data, GPS/mapping errors, cancellation of a trip, conflicts between users and other adverse consequences.
10.3. The Operator is not liable for the actions of meetup organizers, trip participants, the User’s contractors, telecom operators, providers of mapping and navigation services, payment systems, analytics services and other third parties.
10.4. No information in the Service constitutes an individual safety recommendation, medical advice, legal advice, a guarantee of route passability or a guarantee of the lawfulness of access to a territory.
10.5. To the extent permitted by applicable law, the Operator’s aggregate liability for claims related to the use of the Service is limited to the amount of payments actually made by the User during the last 3 (three) months preceding the occurrence of the ground for liability.
11. Suspension of access and termination of use
11.1. The Operator may unilaterally restrict, suspend or terminate the User’s access to the Service in whole or in part in the event of a violation of the law, this Agreement, the safety rules or the rights of third parties, or if there is a threat to the security of the Service.
11.2. The User may stop using the Service and delete the account in the manner available through the interface or by contacting support, unless a different procedure is established by the functionality of the Service and applicable law.
11.3. Termination of access does not release the User from liability for previously committed violations and does not terminate those provisions of the Agreement which by their nature are to survive the termination of use of the Service.
12. Amendment of the Agreement
12.1. The Operator may amend this Agreement unilaterally. A new version takes effect from the moment it is posted in the Service, unless otherwise specified in the version itself.
12.2. If the User continues to use the Service after a new version takes effect, this constitutes acceptance of the new version to the extent such a method of acceptance is permitted by applicable law.
13. Dispute resolution and governing law
13.1. The relations of the Parties are governed by the law of the Russian Federation.
13.2. A pre-trial claim procedure is mandatory before going to court. The claim is sent to the Operator’s details specified in this Agreement. The period for responding to a claim is 10 (ten) calendar days from the date of its receipt, unless a different period is established by a mandatory provision of law.
13.3. Disputes are subject to consideration in court in accordance with the rules of jurisdiction established by the legislation of the Russian Federation.
Rights holder and operator details
- Rights holder and operator
- Ilya Ivanovich Malakhov
- Status
- individual, rights holder of the Offmaps service
- Address for legally significant communications
- 31 Zhukovskogo St., Zhukovsky, Zhukovsky urban district, Moscow Region, 140181, Russian Federation
- support@offmaps.ru
- Phone
- +7 993 588-41-53