License Agreement for Yandex for Mobile Devices
This document is a translation of License Agreement For Use of the Program "Yandex.Search" on Mobile Devices in English. In case of conflict between the Russian version of License Agreement For Use of the Program "Yandex.Search" on Mobile Devices and this translation - only the Russian version of License Agreement For Use of the Program "Yandex.Search" on Mobile Devices is legally binding. The Russian version of License Agreement For Use of the Program "Yandex.Search" on Mobile Devices can be found here: https://yandex.ru/legal/search_mobile_agreement/?lang=ru.
Before using the program, please read the terms of the following license agreement.
Any event of using the program implies your complete and unconditional acceptance of the terms of this license agreement.
If you do not accept the license agreement in full, you may not use the program for any purpose.
1. General Provisions
1.2. By copying the Program, installing it on his/her device or using the Program in any way, the User expresses his/her full and unconditional consent to all the terms and conditions of the License.
1.3. It is only permitted to use the Program under the terms and conditions of this License. If the User does not accept the terms and conditions of the License in full, the User may not use the Program for any purpose. It is prohibited to use the Program in violation of (failing to fulfill) any of the terms and conditions of the License.
1.4. The Program can be used by the User free of charge under the terms and conditions of this License for personal non-commercial purposes. It is not possible to use the Program under any term and in any way not covered by this License unless there is a separate agreement with the Rightholder.
1.5. When using the Program, the User agrees that the following documents, the terms whereof fully apply to the use of the Program, form an integral part of this License:
- User Agreement for Yandex Services available online at https://yandex.com/legal/rules.
- License to Use Yandex Search Engine available online at https://yandex.com/legal/termsofuse.
The Rightholder may unilaterally amend the said documents (inter alia, any parts thereof) without any special notice. New versions of the documents shall come into effect upon publication, unless otherwise stipulated by the new versions.
1.6. This License and all relations associated with the use of the Program shall be subject to the laws of the Russian Federation, and any claim or action arising out of or in connection with this License or the use of the Program shall be referred to and reviewed by courts at the Rightholder’s location.
1.7. The Rightholder can provide the User with a translation of this License from Russian into other languages. However, in the event of a conflict between the License in Russian and its translation, only the Russian version of the License is legally binding.
2. Rights to the Program
2.1. The exclusive right to the Program is vested in the Rightholder.
3.1. The Rightholder shall, at no cost and under an ordinary (non-exclusive) license, grant to the User the non-transferable right to use the Program in all countries of the world in the following ways:
3.1.1. To use the Program as intended, wherefore to copy and install (reproduce) it on the User's device(-s). The User may install the Program on an unlimited number of devices. When installed on a device, each copy of the Program is assigned an individual number automatically reported to the Rightholder.
3.1.2. To reproduce and distribute the Program for non-commercial purposes (free of charge).
4.1. Except when used in the scope and in the ways expressly stipulated by this License or the laws of the Russian Federation, the User may not modify, decompile, disassemble, decrypt, and perform any other action with the object code of the Program meant to obtain information on the implementation of algorithms used in the Program, create derivative works using the Program, and otherwise use (allow to use) the Program, without the Rightholder’s written consent.
4.2. The User may not reproduce and distribute the Program for commercial purposes (inter alia, for a fee), inter alia, as part of software product collections, without the Rightholder’s written consent.
4.3. The User may not distribute the Program in any form other than the form received, without the Rightholder’s written consent.
4.4. The Program shall be used (inter alia, be distributed) under the name: Mobile Yandex. The User may not change the name of the Program, change and/or delete the copyright notice or other references to the Rightholder.
5.1. Some functions of the Program can only be performed with access to the Internet. The User will independently obtain and pay for such access under terms and as per tariffs of his/her telecom or Internet provider.
5.2. The User is hereby notified and agrees that when the Positioning function is used in the Program, before a search query is sent, the Program receives data on the nearest cell of the telecoms operator, which SIM-card is installed in the User’s device, and sends it as part of the search query to the Rightholder to search for objects closest to the User and corresponding to his/her query, until the said function is disabled.
5.3. The User may stop transmitting the data specified in cl. 5.2 at any time by deactivating the respective function.
5.4. The User is hereby notified and agrees that when statistics auto-sending is enabled in the Program, the Rightholder automatically receives anonymous (with no reference to the User) information on the website visited, the page viewed, and files downloaded, anonymized voice recordings in case of voice activation, and information on the User's device hardware, the User's device operating system, the software installed on the device, the software active (running) on the device, likely threat sources or suspicious programs in the operating system, the list of frequently used folders in the file system of the User’s device and local search results (when this function is used) to provide the functions of the Program and to improve the quality of products and services provided to the User. The User can disable the collection of the said data by disabling statistics auto-sending in the Program settings.
5.5 The “Caller Identifier” function is available to the User when using the program. The function provides the User with the opportunity to get the information about the subscriber from whom the call comes to the user's number. Contact details of defined subscribers are obtained by Yandex from open sources, including Yandex.Business service (https://yandex.com/sprav/main). Yandex is not liable for the reliability and relevance of the information provided. The User is hereby notified and agrees that in order to provide the relevant functions of the Program the Rightholder accesses the telephone book and call log data of the device, and collects and stores the following User device data: data on the User’s incoming calls, data on the fact of answering, declining an incoming call by the User or taking no action on it, data on the fact of the call start and finish. The User can disable the collection of the said data by disabling the function in the Program settings.
6.1. The User may use the Program to authorize and configure a Yandex.Station, Yandex.Station Mini, other devices that support the functions of the Alisa voice assistant (https://yandex.com/legal/alice_termsofuse), (hereinafter referred to as the Device).
When starting to use a function of a Device, the User fully and unconditionally concurs with all the terms of the License and the documents referred to in cl. 1.5 of this License.
6.2. Before using a Device, the User authorizes it with the Program and enters data of payment cards used to pay for access to third-party services, products, and intellectual property.
When specifying the payment card data, the User provides the following details:
- Bank card number
- Valid until' date
If the card details are correct, valid and it is technically possible to use this card in the Program, the said payment card becomes Linked and can be used for cashless payments with no need to additionally enter the said payment card details.
6.4. The Rightholder is not a party to relations between the User and the administration or the rightholders of the services, products, and intellectual property defined in cl. 6.3 of this License. The Rightholder does not guarantee to the User that such services, products, and intellectual property are available, error-free, operate uninterruptedly, and fit the User's expectations and the intended use. The Rightholder is not held liable to the User for such services, products, and intellectual property, inter alia, it is not held liable for any losses (including lost profit) the User incurred accessing such services, products, and intellectual property by means of a Yandex. Station.
6.5. The Rightholder may charge a fee for making the services, products, and intellectual property referred to in cl. 6.3 of this License accessible to the User subject to the terms set in this section of the License.
6.6. When using the Device and interacting with the voice assistant Alice (https://yandex.com/legal/alice_termsofuse), the User can activate the voice recognition function by giving a special command to the voice assistant. To activate the function, the User shall record test phrases. Upon confirmation of the function activation, the Device will be able to distinguish between commands given by the User and commands spoken by third parties in order to provide the most relevant recommendations in Yandex services (e.g. for assessing musical preferences in the Yandex.Music service) and presenting a relevant response to the User's command.
The Rightholder shall neither guarantee the accuracy and uninterrupted operation of the function, nor guarantee, inter alia, the correct recognition of the User or the impossibility of confusing the User with a third party.
The function is neither a User identification tool, nor a tool for protecting the Device from third-party access to the use of its functions, and serves exclusively the purposes specified above.
By activating the function, the User gives his/her consent to the use of the received voice recording, including the automatic creation of a mathematical pattern of the User's voice recording on its basis, in order to provide the possibility of recognizing the User by the Device when performing voice commands.
If the User wants to deactivate the function, he can set the appropriate command to the voice assistant, upon confirming which, the received voice recording data will be deleted.
Access to the function may be limited depending on the User location.
6.7. As part of functions of a Device, the Rightholder uses YouTube API services (https://developers.google.com/youtube/terms/api-services-terms-of-service-ru).
When the User uses a Device and accesses YouTube, the Rightholder receives and stores the following data:
- personal details the User provides about himself/herself when using the Device, in particular, when using YouTube by means of the Device;
- data that are automatically transmitted to the Device when it is used, including the IP address, specifications of the equipment and software the User uses, information on operation errors, date and time of access to the Device and YouTube, URLs of requested pages, and any other similar information;
- cookies sent and received by the Device.
The Rightholder may use the above data to identify the User to gain access to a Device and to access YouTube, to provide the User with personalized functions of a Device, to target third-party advertising, for statistical and research purposes, and to improve the operation of a Device.
The User may revoke his/her consent to the processing of data received by a Device, when the User accesses YouTube. To do so, the User can make a corresponding request via the Rightholder's feedback form (http://mobile-feedback.yandex.ru/?from=m-yandex) or via the YouTube form (https://security.google.com/settings/security/permissions).
7. Liability under the License
7.1. The Program is provided "as is". The Rightholder provides no guarantees of error- and trouble-free operation of the Program or its certain components and/or functions, fitness of the Program for specific goals and expectations of the User, and provides no other guarantees, which are not expressly stated in this License.
7.2. The Rightholder shall not be held liable for any direct or indirect consequences of any use of or inability to use the Program and/or any damage inflicted on the User and/or third parties as a result of any use of, failure or inability to use the Program or its certain components and/or functions, inter alia, due to possible errors or failures in the operation of the Program, except as expressly stipulated by laws.
7.3. The User is hereby notified and agrees that when he/she uses the Program, the Rightholder receives the following information automatically and anonymously (with no reference to the User): operating system type of the User's device, program version and ID, statistics on the use of program functions, and any other technical information.
7.4. All questions and claims related to the use of / impossibility to use the Program and possible disregard of laws and/or third-party rights by the Program shall be forwarded via the feedback form available at http://mobile-feedback.yandex.ru/?from=m-yandex.
7.5. Relations regarding the provision of the Application and its functions to the User for use shall be governed by the legislation of the Russian Federation. If Yandex and the User fail to reach agreement, the issue may be resolved in court at the Rightholder location.
8. Updates / New Versions of the Program
8.1. This License covers all future updates / new versions of the Program. When the User agrees to install an update / new version of the Program, he/she accepts the terms and conditions of this License for respective updates / new versions of the Program, if there is no other license agreement for the update / new version of the Program.
8.2. The Program includes third-party software as its separate components. Current information about such third-party software as part of the Program is available at: https://yandex.ru/legal/search_mobile_agreement/components.
9. Amendments to this License
9.1. This license agreement may be unilaterally amended by the Rightholder. User notices of amendments made in this License are posted at: https://yandex.eu/legal/search_mobile_agreement. The said amendments to the terms and conditions of the license agreement shall come into effect once published, unless otherwise specified in the relevant publication.
Date of publication: 23.06.2021
Previous version of the document: https://yandex.eu/legal/search_mobile_agreement/24122020.