QSaver — Terms of Service (Public Offer)
1. Definitions
Provider — the natural person providing the QSaver Service. Contact details are listed in section 18.
Service / QSaver — the software-and-hardware system available at https://q-saver.com, providing the User with a software tool to download publicly available video and audio materials from open Internet sources for personal non-commercial use.
User — a person of legal age and capacity (and in any case not younger than 16 years), or an authorised representative of a legal entity, who has entered into the Agreement by accepting this Offer.
Subscription — a paid tariff plan that grants the User an extended set of features for the paid period.
Trial — a probationary Subscription period offered at a reduced price (see section 6) which automatically converts into the full paid period unless cancelled by the User.
Auto-renewal — the automatic recurring charge of the Subscription fee for the next billing period from a payment method linked by the User.
Payment Service Provider (PSP) — an independent payment service provider engaged by the Provider at its sole discretion for payment acceptance, fiscalisation (where applicable) and storage of payment credentials. The set of engaged PSPs is determined by the Provider and may change at any time without prior notice to the User. The Provider neither receives nor stores bank card data.
Source — any third-party publicly available Internet resource that publishes audio and video materials, the URLs of which the User submits to the Service. The list of supported Sources is determined by the Provider at its sole discretion and may change at any time without notice.
Account — the section of the Service available to the User after authentication, displaying the current Subscription, the next charge date and providing one-click cancellation.
2. Subject of the Offer and Acceptance
2.1. The Provider undertakes, on the terms of this Offer, to grant the User access to the features of the Service corresponding to the chosen tariff, and the User undertakes to pay for those services.
2.2. The Provider's services are informational and technological in nature and consist solely of providing a software tool. The services do not include any third-party content; the rights to such content belong to its respective owners.
2.3. Full and unconditional acceptance of this Offer (entry into the Agreement) consists of any of the following:
- any use of the Service, including, without limitation, submitting a URL, initiating extraction of media information and downloading (obtaining a copy of) any audio or video file, including free use and use without registering an account;
- creating an account in the Service (via Telegram, Google, VK or email);
- ticking «I accept the terms» and clicking the payment button on the pricing page, followed by confirming the payment in the PSP interface;
- actually using any feature of a paid Subscription.
2.4. The Agreement is deemed concluded at the moment the User performs any of the actions listed in clause 2.3, whichever occurs first. By continuing to use the Service after having had the opportunity to review this Offer, the User confirms unconditional acceptance of all of its terms.
3. Description of the Service
3.1. The Service provides the User with a software tool that, given a public URL submitted by the User, fetches a copy of openly accessible audio and video materials using public programmatic interfaces of the relevant Source.
3.2. The Service does not host, index or redistribute any third-party video or audio content. The Service performs a purely technical function at the User's request and acts solely as an information intermediary to the extent permitted by applicable law.
3.3. The exact set of features available under each tariff is published on the /pricing page and forms an integral part of this Offer.
4. Tariffs and Subscription Term
4.1. The current tariffs (Free, Lite, Pro, Max) and their prices are listed on the /pricing page. The Provider may change prices unilaterally; new prices apply only to new payments and never affect periods that have already been paid for.
4.2. Available Subscription periods: 1 month, 3 months, 6 months, 12 months. One calendar month is treated as 30 days.
4.3. The Subscription is deemed performed at the moment access to the extended features is granted. The service is deemed properly performed if the User has not sent the Provider a substantiated complaint within 24 hours of activation.
5. Payment
5.1. Payments are processed through a PSP engaged by the Provider. The choice of the specific PSP and the supported currencies is at the Provider's sole discretion and may be determined automatically based on the User's country/language settings.
5.2. All bank fees for the transfer are borne by the User.
5.3. The Provider does not receive, store or process the User's bank card details. Payment data security is ensured by the PSP, which holds PCI DSS certification.
6. Trial
6.1. The Provider may offer a Trial — a probationary Subscription period at a reduced price. The price and duration are shown on the /pricing page at the moment of purchase.
6.2. At the end of the Trial, the Subscription automatically converts into the full paid period at the then-current tariff, unless the User has cancelled auto-renewal (see section 7).
6.3. The Trial fee is non-refundable, since access to the extended features of the Service is granted to the User immediately.
7. Auto-renewal and Cancellation
7.1. By default the Subscription is auto-renewing: when the paid period ends, the PSP charges the next-period fee from the linked payment method.
7.2. Pre-charge notice. No later than 24 hours before each automatic charge, the Provider sends the User an email reminder (to the address linked to the Account) stating the amount, the charge date and how to disable auto-renewal.
7.3. One-click cancellation. The User may cancel auto-renewal at any time by:
- clicking «Cancel subscription» in the Account at /account; or
- sending a request to the email address listed in section 18.
7.4. Cancelling auto-renewal does not terminate the current paid period: the User continues to enjoy the extended features until the paid period expires.
8. Refunds
8.1. The Service is digital and is deemed performed at the moment access is granted. The User may withdraw from the service before it is performed; after performance has begun, the User is entitled to a partial refund proportional to the unused portion of the period.
8.2. The full refund procedure, application form, processing times and proportional calculation are set out in the Refund Policy at /refund, which forms an integral part of this Offer.
8.3. The Trial fee (section 6) is non-refundable.
8.4. No refund is issued where the User has breached this Offer, in particular section 9.
9. User Obligations and Restrictions
9.1. The User undertakes to use the Service exclusively for personal non-commercial purposes and in strict compliance with the applicable law of the User's country of residence and the terms of use of the relevant Sources.
9.2. Responsibility for downloaded content. The User is solely and fully responsible for compliance with third-party rights (including copyright, related and other intellectual property rights) in respect of any content downloaded through the Service. The Service is intended only for content:
- owned by the User; or
- whose public availability on the relevant Source and actual use by the User do not violate applicable law and the terms of use of that Source; or
- whose use is permitted by the rightsholder (private copying, Creative Commons licence, public domain, etc.).
9.3. The User shall not:
- use the Service to commit unlawful acts, infringe third-party rights or distribute content prohibited by applicable law;
- take any action aimed at disrupting the Service (DDoS attacks, exploiting vulnerabilities, circumventing technical limits, scraping, using automated tools);
- share account credentials with third parties or use a single Subscription from multiple devices in a way that circumvents tariff limits;
- use the Service for commercial purposes, including resale of access, feeding other services, or mass downloading of third-party content;
- use the Service to circumvent technical protection measures (DRM) or geographic restrictions on content distribution in violation of applicable law;
- impersonate any other person or use credentials belonging to others;
- download content that grants access to paid materials (films, series, sports broadcasts, educational courses, etc.) without having obtained such right from the rightsholder.
9.4. Breach of this section entitles the Provider to terminate the Agreement unilaterally without refund and without prior notice.
10. Disclaimer of Warranties (AS IS / AS AVAILABLE)
10.1. The Service, its content and all features are provided on an «as is» and «as available» basis, without any warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or as to the operation of the Service or its content.
10.2. The Provider does not warrant that:
- the Service will be uninterrupted, timely, error-free or secure;
- the results obtained from the Service (downloaded files) will be accurate, complete or meet the User's expectations as to quality, format or other characteristics;
- any specific feature, format, quality or Source will be available at any particular time;
- defects in the Service will be corrected within any specific timeframe;
- the Service, the Provider's servers or any electronic communications sent by the Provider are free from viruses or other harmful components.
10.3. The User acknowledges that use of the Service is at the User's sole discretion and risk and that the User shall be solely responsible for any damage to the User's device, loss of data or any other harm resulting from such use.
11. Limitation of Liability
11.1. The Provider makes reasonable efforts to keep the Service operational but does not guarantee 24/7 availability and is not liable for unavailability caused by third parties (including Sources, telecom operators, the PSP, infrastructure providers), force majeure or scheduled maintenance.
11.2. The Provider's aggregate liability to the User on any and all grounds is limited to the Subscription fee paid for the billing period during which the breach occurred and shall in any case not exceed amounts actually paid by the User to the Provider during the last thirty (30) calendar days.
11.3. Under no circumstances shall the Provider be liable for any indirect, incidental, punitive, special or consequential damages, including loss of profit, loss of goodwill, loss of or damage to data, or business interruption, arising out of or in connection with the use of, or inability to use, the Service.
11.4. The Provider is not liable for the contents of any materials accessed by the User through the Service. All content-related claims shall be directed to the rightsholder or the operator of the relevant Source, and not to the Provider.
11.5. The Provider is not liable for any actions of the User that breach this Offer, applicable law or the rights of third parties.
12. Indemnification
12.1. The User agrees to indemnify and hold the Provider harmless from any and all losses, expenses (including reasonable legal fees), fines, penalties and other amounts incurred by the Provider in connection with any claim, action, proceeding or investigation by a third party or competent governmental authority arising out of:
- the User's breach of this Offer, in particular section 9;
- the User's infringement of third-party rights (including intellectual property rights in downloaded content);
- the User's violation of applicable law in connection with use of the Service;
- any use of the Service by the User in a manner not contemplated by this Offer.
12.2. This indemnification obligation survives termination of the Agreement.
13. Third Parties and Intellectual Property
13.1. No affiliation. The Provider is not affiliated with, related to, sponsored by, partnered with or endorsed by any Source or any owner of a third-party brand. Any references to third-party brands, names or logos within the Service are made nominatively only and remain the property of their respective owners.
13.2. Third-party content. The Service does not host any video or audio materials of the Sources. The Service merely technically assists the User in obtaining a copy of such materials using public programmatic interfaces of the Sources. All rights in such materials belong to the respective rightsholders.
13.3. Provider's software. All exclusive rights in the source code, design, graphics, texts and other elements of the Service belong to the Provider or its licensors and are protected by applicable intellectual property law. Any use of these elements without the Provider's prior written consent is prohibited.
13.4. The User agrees not to copy, reproduce, modify, distribute, sell, rent, lease, decompile or reverse-engineer any part of the Service, nor to create derivative works based on it.
14. Notice-and-Takedown Procedure for Rightsholders
14.1. The Provider acts solely as an information intermediary to the extent permitted by applicable law. The Provider does not host content from the Sources and has no ability to remove content from the Sources themselves.
14.2. If a rightsholder believes that use of the Service infringes its exclusive rights, the rightsholder may send the Provider a notice. The notice must be sent to the email address listed in section 18 and must contain:
- information about the rightsholder and its representative (including contact details);
- a description of the work or related-rights object whose rights are alleged to be infringed;
- the domain name and URL(s) of the Source page(s) where the alleged infringement is taking place;
- confirmation of ownership of the rights and consent to the processing of the rightsholder's personal data.
14.3. Within a reasonable time after receiving a notice that meets the requirements of clause 14.2, the Provider may, at its sole discretion, take technical measures to restrict the ability to download the identified material through the Service and notify the rightsholder of any measures taken.
14.4. The Provider is not liable to either the rightsholder or the User for any inability to restrict access to materials hosted on the Sources themselves, since such materials are not under the Provider's control.
15. Personal Data
15.1. The Provider processes the User's personal data in accordance with its Privacy Policy and applicable data-protection law.
15.2. By accepting this Offer, the User consents to such processing in the scope and for the purposes necessary to perform the Agreement and to operate, secure and improve the Service.
15.3. Payment data (card details, recurring payment tokens) are processed exclusively by the PSP and are never transferred to the Provider.
16. Governing Law and Disputes
16.1. This Offer is governed by the law of the Russian Federation.
16.2. The Parties agree to a mandatory pre-trial (claim) procedure for resolving any disputes and disagreements. All claims shall be sent to the support address qsaver24@gmail.com; the response time is 30 (thirty) calendar days from receipt of the claim.
16.3. The Parties undertake to use the claim procedure in good faith and not to refer the dispute to any other forum until the said period has expired and the possibilities of resolution via support have been exhausted, except where mandatory consumer-protection rules expressly require otherwise.
17. Amendments
17.1. The Provider may amend this Offer unilaterally. The new version takes effect upon publication at the URL shown at the top of this document.
17.2. Changes to the Subscription price and to the auto-renewal terms do not apply to billing periods already paid for.
17.3. Continued use of the Service after a new version is published constitutes the User's acceptance of the changes. If the User disagrees, the User must stop using the Service and cancel auto-renewal.