RuStore Software Distribution Agreement

1. General Provisions

1.1. The subject matter of this agreement (hereinafter – the “Agreement”) is the relationship between VK LLC (OGRN 1027739850962, Russian Federation, 125167, Moscow, Leningradsky Prospekt 39, building 79), hereinafter referred to as “VK” or the “Company,” which is the copyright holder of the service available on the Internet at http://rustore.ru (hereinafter – the “Site”) as well as through the mobile application (collectively and individually referred to as: “RuStore” or the “Service”), and you, hereinafter referred to as the “Developer,” on the terms set forth in this Agreement, posted at: https://www.rustore.ru/help/legal/devs/developers-agreement (hereinafter – the “Agreement”).

1.2. The use of the RuStore Service, in addition to this Agreement, is also governed by other special documents posted in the RuStore Service, including the RuStore Terms of Use for the use of distributed products, which are posted at: https://rustore.ru/help/legal/terms-of-use, the RuStore Service Privacy Policy for Developers, which is posted at: https://rustore.ru/help/legal/devs/privacy-policy-developers (hereinafter – the “Privacy Policy”).

1.3. Upon registration, each access and/or actual use of the service, the Developer agrees to the terms of the Agreement and the RuStore service Privacy Policy, as well as other special documents posted in the RuStore Service and governing its use.

2. Definitions

2.1. “RuStore” – a set of VK’s technical and software means, available via the link http://rustore.ru, its subdomains, and through the mobile application, and used to provide the Developer with the opportunity to place and/or promote Products (provide public access to Products), as well as to provide Users with the opportunity to use Products.

2.2. “Products” – software, content, digital materials, as well as other objects and services placed by the Developer through RuStore. The term “Products,” used in the plural, equally applies to the corresponding object in the singular placed by the Developer through RuStore.

2.3. “Developer, You” – any individual or legal entity that distributes Products by placing them through RuStore in accordance with the terms of the Agreement.

2.4. “User” – any individual who gains access using a Device to Products placed by the Developer through RuStore, under the terms of the Terms of Use (https://rustore.ru/help/legal/terms-of-use).

2.5. “Device” – any technical device that can be used to access Products placed by the Developer through RuStore.

2.6. “API” – a set of RuStore procedures, functions, and structures through which Products will be distributed, which must be built into the Products to ensure compatibility of the Products with RuStore. Access to the API is provided free of charge and may be terminated in whole or in part without notice or explanation of reasons.

2.7. “Territory” means the territory of states where the use of RuStore is available.

2.8. “Developer’s Personal Account” – a set of technical and software means provided to the Developer for placing and distributing Products through RuStore.

2.9. “Developer Revenue” – the total amount of User payments actually received by VK for the benefit of the Developer in the Reporting Period, including applicable taxes, expenses for refunds to Users, canceled payments, and fraudulent payments. Acceptance of payments from the User is carried out in accordance with the terms specified in clause 5.9 of this Agreement.

2.10. “Payment” – funds paid by the User to the Developer for the use of the Product or when using the Product, including, among other things, for providing access to content/goods/services (“goods”).

3. Subject Matter of the Agreement

3.1. In accordance with this Agreement, VK, through RuStore, provides services (“Services”) to the Developer for the placement and/or promotion of offers for the acquisition (distribution) of Products, for the search of mobile applications using RuStore in order to provide Users with access to the Developer’s Product on RuStore and in services hosted on RuStore, in the Territory. The distribution of products is carried out exclusively on behalf of the Developer, therefore the Developer is obliged to provide complete and accurate information about themselves before distributing Products, as well as to comply with other terms of this Agreement.

3.2. The effect of this Agreement applies both to Products provided to Users free of charge and to Products provided for a fee at the Developer’s discretion. Responsibility for payment processing, organizing the payment acceptance/refund process, and any possible disputes with the User regarding access to and subsequent use of the Products lies with the Developer.

3.3. For the purpose of performing this Agreement, the Developer, for the duration of the agreement concluded between VK and the Developer, grants VK a non-exclusive, royalty-free license to use the Products in the Territory by the methods specified in clause 7.1 of this Agreement.

3.4. Registration of a Developer who is an individual is carried out on the Service via the “Create Account” button, by selecting the “Individual” status, and then the Developer, on the corresponding page of the Service (registration card), fills in their data (full name, VK ID, phone number, email address), confirms their consent to the terms of this Agreement and the Privacy Policy (by clicking the “Register” button) and sends this data to VK. From the moment the data is sent to VK, the Developer-individual is granted access to the Developer’s Personal Account.

If the Developer is a minor individual, upon registration on the Service, they guarantee to the Company that they have the written consent of their legal representatives – parents, adoptive parents, or guardian – to accept and perform this Agreement.

3.5. Registration of a Developer that is a legal entity or sole proprietor is carried out on the Service via the VK ID tool (according to clause 3.7 of the Agreement) and by clicking the “Create Account” button, selecting the “Legal Entity” status, confirming consent to the terms of this Agreement and the Privacy Policy, in two stages: 1. The Developer’s representative, if available, selects a VK Business ID Profile from the drop-down list, and if there is no registered VK Business ID Profile, creates one under the terms of the VK Ecosystem Terms of Use (https://id.vk.com/terms) and the VK Ecosystem Privacy Policy (https://id.vk.com/privacy), filling in the Developer’s data (INN/IP INN, name of legal entity/sole proprietor, full name of the Developer’s authorized representative, Developer’s website address, phone number and email address of the Developer’s authorized representative) on the corresponding page of the Service (registration card), clicks the “Sign” button (signing is only available for the Developer’s authorized person using the Developer’s QES), and sends this data to VK; If the Developer’s representative does not have the Developer’s QES, they must copy the signature link and send it to the Developer’s authorized representative who has the Developer’s QES. 2. VK sends the Developer a confirmation of their registration on RuStore via email to the address specified by the Developer’s authorized representative.

3.6. RuStore is a Service of the VK Ecosystem (https://vk.com/vk_ecosystem_services). The VK Ecosystem is a common space for interaction between users, Services included in the Ecosystem, and specialized tools designed to improve the usability of services familiar to Users.

The VK ID tool allows the User to register and/or authorize in Services, performs the functions of creating and maintaining a User account in the VK Ecosystem, provides the User with the functionality of secure unified account data management in the VK Ecosystem, connecting or disconnecting the Services the user needs in the User’s VK Ecosystem account, as well as auto-filling the User’s data in VK Ecosystem Services, as well as in other Services / Sites / information resources of third parties that use the VK ID tool, for the purpose of fulfilling agreements with the VK Ecosystem User.

Registration and/or authorization on the Service via VK ID and VK Business ID (if applicable) means agreement with the VK Ecosystem Terms of Use, which are publicly available on the Internet at: https://id.vk.com/terms, and the VK Ecosystem Privacy Policy, which is publicly available on the Internet at: https://id.vk.com/privacy, this Agreement, and the Privacy Policy for Developers.

3.7. In the event of a change in the Developer’s data specified by them during registration on the Service according to clauses 3.4.-3.5. of the Agreement, as well as contained in the Developer’s Personal Account on RuStore, the Developer is obliged (in writing/by email to support@rustore.ru) to notify the Company thereof no later than 3 (three) business days.

3.8. The Company undertakes to provide technical support to Users solely regarding the acceptance of Payments and issues related to authorization on RuStore.

4. Terms of this Agreement, Guarantees, and Representations

4.1. The Developer represents and warrants to VK that:

4.1.1. they are the lawful owner/copyright holder of the Products;

4.1.2. they have the right to enter into and perform this Agreement;

4.1.3. the content of the Products complies with applicable law, including, but not limited to, Federal Law of the Russian Federation No. 152-FZ of July 27, 2006 “On Personal Data,” and does not violate the rights and legitimate interests of third parties.

4.2. The Developer hereby warrants that by law and/or contract they have a sufficient scope of rights to grant the rights to use the Products through RuStore under the terms of this Agreement, and that they possess documents confirming the existence of such rights. The Developer shall promptly provide the latter with duly certified documents confirming the Developer’s possession of the above rights upon VK’s request.

4.3. The Developer, upon VK’s request or in connection with an official request from third parties, must provide documents confirming their rights to use the Products and grant VK the right to use them, including possible copyright agreements, licenses, and permissions from copyright holders.

4.4. The Developer undertakes to place in the Products and/or together with them information required to be provided to Users in accordance with the requirements of applicable law, including: information about the person who placed the software (Products), their name, legal and actual addresses, including country of registration, taxpayer identification number (INN), other contact information, a link to the data privacy policy, a link to the rules for providing services to the User/terms of use.

4.5. The Developer acknowledges and confirms that the Developer’s Products are placed and maintained by them independently, while the Developer acts independently of VK and does not act on behalf of or under the instruction of VK. The processing of Users’ personal data during their interaction with the functionality of the Developer’s Products is governed by the Developer’s user documentation for the Products, and the Developer acts as an independent and autonomous personal data operator from VK and is fully responsible for the processing of Users’ personal data in full compliance with applicable law.

4.6. The Developer undertakes to include in the Products an information product mark, in accordance with the category provided for by applicable law in the field of protecting children from information harmful to their health, and also bears exclusive responsibility for the correctness of the choice of the appropriate information product mark in accordance with applicable law, if such requirements apply to the Developer’s Product(s).

4.7. In the event of non-performance or improper performance by the Developer of the requirements specified in clauses 4.4 and 4.6 of the Agreement, if this results in VK being held administratively liable and an administrative penalty being imposed on VK by the competent authority, the Developer undertakes to fully compensate VK for the losses incurred in connection therewith, including compensation for fines paid by VK and possible legal expenses.

4.8. In the event of claims from third parties, including Users, related to the placement of the Developer’s Products through RuStore, and/or their content, and/or uninterrupted access to them, the Developer resolves such claims independently and at their own expense, without involving VK. VK is released from any liability related to the resolution of such disputes and has the right, on all issues related to the resolution of such disputes, to suggest contacting the Developer directly using the data provided by them for the purpose of placing Products in RuStore. The Developer undertakes to provide the necessary contact information so that third parties can quickly contact the Developer to resolve their claims.

4.9. The Developer warrants to VK that the Products do not contain malicious objects (computer viruses), do not have remote access means (“Trojan horses”), do not install any additional modules or links beyond those directly related to the Products during operation, do not change Users’ individual settings on Devices, and do not transmit any user personal or technical information without the explicit consent of the Users.

4.10. The Developer bears full sole responsibility (and indemnifies VK from liability) for the Products, including the use of the RuStore API, and for the consequences arising from actions related to the placement of Products through RuStore, including any losses and damages that may be incurred by VK.

4.11. The Developer is not entitled to distribute through RuStore Products that are intended for the distribution and/or facilitation of the distribution of mobile applications for Android devices outside RuStore, as well as Products that provide Users with functionality similar to RuStore services.

4.12. The Developer hereby confirms their consent to receive from the Service via email (in the form of emails), by phone (in the form of SMS messages, push notifications), through the internal interface of the RuStore Service (in the form of messages/notifications), and by other means, advertising and informational messages, service messages, messages about completed transactions, messages about updates to the Service’s functionality, about surveys, messages about malfunctions/errors detected during the Service’s operation, and so on.

4.13. The Developer acknowledges and confirms that VK has the right to refuse to place a Product in RuStore, as well as to terminate/suspend the placement of a Product in RuStore if the Product does not comply with the Requirements for Applications, publicly available on the Internet at: https://rustore.ru/help/developers/publishing-and-verifying-apps/requirement-apps.

4.14. For the purpose of the Company providing the Developer with services for the promotion and distribution of Products, the Developer hereby confirms their consent to the placement and distribution of information about the Developer and their Products, provided by them under this Agreement, through the RuStore Lite mobile application owned by the Company. Information about the Developer and their Products is published in the RuStore Lite mobile application without any edits or changes by the Company and is intended solely to inform users of the RuStore Lite mobile application about the Developer’s Products.

5. Rights and Obligations of the Developer

5.1. The Developer has the right to engage third parties to exercise their rights and obligations under this Agreement, remaining responsible to VK for their actions as if they were their own.

5.2. The Developer undertakes, in accordance with applicable law, to develop and make publicly available through RuStore information and/or all documents required by applicable law to provide Users with complete information about the Products, User support, the Developer, and/or other persons providing User support. This information, among other things, must provide the User with the opportunity to accurately determine the type of services provided, the method of their provision, the procedure for settlements for them (if applicable), and other material terms for the provision of services in connection with the Products.

5.3. The Developer undertakes to independently provide full technical support for the functioning of the Products. The Developer is responsible to VK and Users for any malfunctions or errors in the functioning of the Products.

5.4. The Developer undertakes to organize User support that complies with the requirements of applicable law, without involving VK in this activity, except for issues related to the acceptance of Payments and User authorization on RuStore.

5.5. The Developer undertakes to independently, at their own expense, compensate for material or moral damage caused to Users if such damage or harm was caused in connection with the use of the Products or their content. Liability for such damage cannot in any case be placed on VK.

5.6. In the event of claims from third parties related to the placement of software or files of the Developer’s Products or in connection with the placement of Products in RuStore or uninterrupted access to them, the Developer resolves such claims independently and at their own expense, without involving VK.

5.7. The Developer confirms that throughout the entire period of placement of Products on the Site, they possess all necessary rights to use the Products and to grant Users the rights to use them.

5.8. When carrying out preventive or technical work by the Developer, including updating the content of the Products, resulting in the suspension of the Products’ operation, the Developer undertakes to notify Users thereof by posting relevant information in the Products and/or by other means provided by RuStore.

When updating Products, the Company has the right, acting on behalf of the Developer, to inform Users (via push notifications) about the update of Products installed on the User’s Device through RuStore or from other application stores.

5.9. A Developer that is a legal entity or sole proprietor registered in the Russian Federation, providing Users with access to content, goods, services, software products, etc. on a paid basis through the Product, has the right to accept Payments from Users through VK by connecting the Payment Acceptance System to the Developer’s Personal Account in accordance with the Payment Acceptance Terms for Developers, posted on the Internet at: https://rustore.ru/help/legal/devs/developers-offer.

5.10. RuStore contains functionality that allows Developers to send push notifications on their own behalf (on behalf of their Product) to Users who have installed the Product on their Device through RuStore. The procedure for connecting and using the push notification sending functionality is described in the instructions posted on RuStore in the “Help” – “Developers” – “Developer Documentation” – “RuStoreSDK for connecting push notifications” section. The Developer independently determines the content of the push notifications and the audience for their distribution. At the same time, the Developer warrants to VK that the Developer (based on the Developer’s user documentation for the Product) has received prior consents from Users, duly executed in accordance with applicable law, to receive push notifications from the Developer, including advertising notifications (if applicable), and the Developer bears full sole responsibility for the consequences arising from the absence of such User consent or other violations arising from the Developer’s distribution of push notifications, including compensation to VK for losses caused by such violations.

5.11. The Developer independently determines the thematic category of the Product, according to which the Product will be placed in the corresponding section of RuStore. If, during the verification of the Product data by the RuStore moderation service, a discrepancy is found between the Product’s theme and its category selected by the Developer, RuStore has the right to make appropriate changes to the Product information.

5.12. RuStore contains “VK Maps” functionality, which allows Developers to connect a set of geo-services and display maps within their Product through the SDK, placed on RuStore and available for installation (downloading, use) by Users. The procedure for using the “VK Maps” functionality is described in the Terms of Use for the “VK Maps” service, posted on the VK portal in the Section – “VK Maps” – “Documentation” (https://dev.vk.com/ru/vkmaps/general-information/general). The “VK Maps” functionality is provided to Developers free of charge, provided that the maximum number of requests to each of the geo-services is limited to 10 RPS (10 requests per second) and that the Developer updates the Product version on RuStore at least once every 90 calendar days. If the Developer fails to update the Product version on RuStore within the specified period, the “VK Maps” functionality is automatically disabled.

5.13. If, through the RuStore functionality, the Developer has the ability to connect additional services/features for their Product via the RuStore SDK (the list of available SDKs is posted at: https://www.rustore.ru/help/sdk), the Developer confirms their understanding and agreement that the RuStore documentation regarding the procedure for integrating and using the RuStore SDK specifies only the integration methodology and examples of using the SDK, not specific instructions or methods for solving problems. The Company has the right to provide the Developer with consultations and/or technical support on the integration of the RuStore SDK, but the Company is not responsible for the Developer’s incorrect integration of the RuStore SDK into their Product.

5.14. The Developer independently fills out the card with information about the Product when placing it on RuStore and bears full responsibility for the content, completeness, accuracy, and compliance with applicable law of such information. If, during the verification of the information specified in the Product card by the RuStore moderation service, errors, typos, etc. are detected, the Company has the right to make appropriate changes and corrections to the Product information. At the same time, a notification of the changes made will be sent to the Developer via email or through the internal interface of the RuStore Service. The Developer is obliged within 3 (three) business days from the date of sending the notification to inform the Company of their disagreement with the changes made; otherwise (if the Company does not receive objections from the Developer within the specified period), the changes made are deemed agreed and confirmed by the Developer for placement in the Product card.

5.15. RuStore contains “Coupons” functionality, which allows the Developer to independently organize and implement marketing activities in relations with users of their Product, namely: to generate coupons (unique codes) that can be used when paying for the Developer’s Services, as a result of which users of the Product will receive a discount within the face value of the coupon. Such activities are carried out at the Developer’s expense (Developer Revenue is reduced by the amount of discounts provided/activated coupons). The methods and conditions for distributing coupons among users of the Product are determined by the Developer independently. The procedure for using the “Coupons” functionality is described in the instructions posted on RuStore at: https://www.rustore.ru/help/developers/monetization/coupons.

The Developer independently determines the mechanics, timing, and other conditions of their activities. The “Coupons” functionality is provided to the Developer only if the RuStore payment SDK is used when accepting Payments from Users.

5.16. The Developer’s Personal Account provides functionality to disable (cancel) the auto-renewal of a User’s subscription to the Developer’s services provided within the Product. The Developer has the right to use this functionality in the event that a User contacts them with a corresponding request. If a User contacts the RuStore support service with a request to disable (cancel) the auto-renewal of a subscription to the Developer’s services provided within the Product, a notification of the User’s request will be sent to the Developer via email or through the internal interface of the RuStore Service. The Developer is obliged to fulfill the User’s request within 3 (three) business days from the date of sending the notification. If the Developer fails to fulfill the User’s request specified in the notice within the established period and fails to notify the Company of the Developer’s decision made as a result of considering such User’s request, the disabling (cancellation) of the subscription auto-renewal is deemed confirmed by the Developer and agreed to be disabled by the RuStore support service.

6. VK Remuneration

6.1. VK’s remuneration for the Services provided under the Agreement is 15% (Fifteen percent) of the Developer Revenue for the corresponding Reporting Period, and includes all applicable direct and indirect Russian taxes, as well as the cost of services of payment systems engaged by VK to provide the Services (“VK Remuneration”).

6.2. VK collects User Payments, acting as the Developer’s agent. VK transfers to the Developer the amount of Developer Revenue after deducting the VK Remuneration.

6.3. Detailed terms and procedure for organizing the acceptance, distribution, transfer to the Developer, as well as the refund of User Payments are specified in the Payment Acceptance Terms for Developers, which are an integral part of this Agreement and are posted on the Internet at: https://rustore.ru/help/legal/devs/developers-offer.

7. License

7.1. For the purpose of performing this Agreement, the Developer grants VK a non-exclusive, royalty-free license to use the Products in the Territory by the following methods:

(a) making the Products publicly available on the Internet in such a way that any person can access the Products from anywhere and at any time;

(b) placing the Products in RuStore;

(c) reproducing the Products on server equipment (if reproduction is not carried out by the Developer);

(d) promoting RuStore using a mention of the Product, including its individual components, such as trademarks, logos, etc.;

(e) other methods necessary for the purpose of performing this Agreement.

7.2. VK has the right at any time to transfer, without territorial limitation, the rights to use the Products to Users through sublicensing (solely for the purpose of downloading (installing on the User’s Device) from RuStore) under the terms of the Terms of Use concluded between VK and Users by VK posting a public offer in RuStore (https://rustore.ru/help/legal/terms-of-use).

7.3. The Developer confirms that they have read the text of the Terms of Use specified in clause 7.2 of this Agreement and have no objections to VK granting Users the rights to use the Products under the terms of said Terms of Use.

7.4. The Developer hereby warrants that (a) the Developer is the copyright holder of the Products (or the copyright holder of the Products is a person additionally designated by the Developer), (b) granting VK/Users the rights to use the Products in accordance with this Agreement does not violate and will not violate the terms of any agreements between the Developer and third parties, (c) the use of the Products by VK and/or the Developer in accordance with this Agreement does not violate the rights of third parties, including, but not limited to, copyrights, related rights, rights to trademarks and other means of individualization, as well as the personal non-property rights of individuals.

8. Limitation of Liability

8.1. Limitation of Liability. Under no circumstances, whether as a result of breach of the Agreement, warranty, tort (including, among other things, negligence), or any other claim or ground of action, shall VK be liable to the Developer for indirect, incidental, special, punitive, or consequential damages incurred as a result of or in connection with the development, licensing, distribution, or operation of RuStore, even if the other party was aware of the possibility of such damages in advance.

8.2. VK provides or makes RuStore available to the Developer “as is.” Consequently, the Developer agrees that RuStore may not meet their individual preferences and expectations. VK will use all commercially reasonable efforts to ensure the continuous operation of RuStore, accordingly, the Developer agrees that RuStore may contain errors and its operation may be interrupted due to technical failures. VK’s liability related to the warranties provided regarding the operation and use of RuStore is limited by applicable law. Responsibility for the accuracy, relevance, legality, and reliability of information, data, materials, and everything else contained in third-party products and placed on RuStore lies with those third parties who placed such products. VK, for its part, requires all developers placing their products on RuStore under the terms of this Agreement to strictly comply with applicable law and the rights and legitimate interests of third parties.

8.3. Indemnification by the Developer. The Developer undertakes to indemnify VK and its parent company, subsidiaries, affiliates, and each of their directors, officers, attorneys, accountants, and agents from any liability, and in the event of its imposition, compensate for losses in full, in connection with expenses, damages, losses, liabilities (including legal fees) resulting from claims, lawsuits, and proceedings against the above persons related in any way to (i) the Developer’s breach of this Agreement or any of the Developer’s warranties and representations under this Agreement, or (ii) the Developer’s violation of any laws, rules, or regulations regarding the distribution, promotion, marketing, operation, or maintenance of the Products.

9. Liability Terms

9.1. For non-performance or improper performance of obligations, VK and the Developer (“Parties”) are liable in accordance with applicable law.

9.2. The Developer is responsible for the content and accuracy of the information contained in the Products, for violation of copyright/related rights, unauthorized use of trademarks, service marks, company names and logos, and for obligations assumed to third parties regarding the services.

9.3. In the event of claims from third parties (including copyright holders) related to the Products, or in the presence of a court or other state authority decision that is binding, VK, having notified the Developer of the received claim/decision, has the right to terminate/suspend the placement of the Product in RuStore until the dispute (claim) is resolved or the court/state authority decision is changed, and the Developer undertakes to independently and at its own expense resolve such claims.

9.4. In the event that VK is involved in legal proceedings or an administrative case is initiated against VK due to the Developer’s fault, related to a possible violation by the Developer of third-party rights or requirements of applicable law, the Developer undertakes, upon VK’s request, to provide the necessary explanations and/or documents requested by VK in connection with such violation, as well as to appear in the court or administrative case on VK’s side. Also, in the event that fines are imposed on VK by regulatory authorities in connection with the Developer’s performance of their obligations under this Agreement, the Developer is obliged to fully compensate VK for the losses incurred in connection therewith, including legal and other expenses.

9.5. For violation of any of the terms established by this Agreement, as well as in the event that VK receives claims regarding the Products from third parties (including copyright holders) or a court or other state authority decision that is binding, VK has the right to apply to the Developer and/or the Products (any of them), at its option, one or more of the following sanctions:

(a) issue a warning to the Developer about the need to remedy the violation within the period established by the Company;

(b) partially or completely temporarily block the functioning of the relevant (any of the) Products, and if the violation is not remedied within the established period, indefinitely terminate the provision of technical capability to place such Products through RuStore, without being liable to the Developer for such blocking and without reimbursing the Developer for any losses incurred, including lost profits;

(c) indefinitely terminate the provision of technical capability to place the relevant (any of the) Developer’s Products through RuStore, without being liable to the Developer for this and without reimbursing the Developer for any losses incurred, including lost profits, without issuing a warning;

(d) partially and/or completely block the functioning of the relevant (any of the) Products and demand the Developer pay a penalty;

(e) apply other, including technical, measures at their own discretion.

10. Confidential Information

10.1. The Parties agree to consider the following data as confidential information (as a trade secret to the extent permitted by law): information transferred by one Party (hereinafter “Disclosing Party”) to the other Party (hereinafter “Receiving Party”) with an indication of its confidential nature, and information directly specified in this Agreement as confidential. The Receiving Party undertakes to use the Disclosing Party’s confidential information solely for the purpose of fulfilling obligations under this Agreement.

10.2. Confidential information, in particular, includes: its text, including any appendices, certificates, and other documents attached thereto, statistical system data, the content of business correspondence and negotiations of the Parties, special data related to the Parties’ activities.

10.3. The Receiving Party is not entitled to disclose the Disclosing Party’s confidential information (namely, is not entitled to provide information to third parties, except when such persons have the appropriate authority granted by law). The confidentiality obligations must be performed by the Receiving Party during the term of this Agreement and for 10 (ten) years from the date of expiration or early termination of the Agreement.

10.4. The Parties acknowledge and agree that any Confidential Information that may be provided or become known to either Party is considered confidential, must be used solely in connection with the performance of this Agreement, and is subject to disclosure only to employees, officers, directors, partners, agents, attorneys, accountants, and financial consultants (collectively “Representatives”), (a) who need to know such Confidential Information to perform the Agreement, (b) who are aware of the existence and terms of this Agreement; (c) who have undertaken obligations under confidentiality agreements or obligations that provide the Confidential Information with protection no less than the terms of this Agreement. The Receiving Party undertakes to protect Confidential Information from unauthorized use, access, or disclosure, exercising at least the same degree of care that it exercises to protect its own Confidential Information, which meets a commercially reasonable degree of care. Each Party is responsible for breach of this Agreement by its Representatives.

10.5. Information is not confidential if it meets one of the following criteria:

10.5.1. it becomes publicly available due to incorrect or negligent actions or intentional actions of the Disclosing Party;

10.5.2. it was lawfully obtained from a third party;

10.5.3. there is written permission from the Disclosing Party to use this information;

10.5.4. it was disclosed in accordance with stock exchange rules;

10.5.5. it was disclosed on the basis of an order from an authorized state body in accordance with applicable law.

10.6. The Receiving Party bears full responsibility for maintaining the confidentiality of confidential information to the Disclosing Party, as well as for the actions of all its Representatives, former and current employees who have gained access to the Disclosing Party’s confidential information.

10.7. Notwithstanding any provisions of this Agreement to the contrary, disclosure of information by either Party in accordance with a court, administrative, or executive order, or if necessary to comply with applicable law regulating commercial activities or public offering of securities, is not a breach of this provision; provided, however, that timely notice is given to the non-disclosing Party of the possibility of such disclosure, and that the potentially disclosing Party undertakes to take all necessary measures to contest the disclosure of information, including, among other things, and if commercially reasonable, cooperating with the non-disclosing Party to file a motion for protective orders or implement other similar remedies if available in the relevant jurisdiction.

11. Amendments and Additions to this Agreement

11.1. This Agreement may be amended by VK with notice to the Developer, including by posting a new version of the amended Agreement at: https://rustore.ru/help/legal/devs/developers-agreement. Changes to the Agreement made by VK come into force on the day following the day the new version of the Agreement is published on the Site. Continued use of the Service after changes are made to the Agreement means the Developer’s acceptance of and consent to such changes.

11.2. The Developer has the right to refuse to accept changes and additions made by VK to this Agreement, which means the Developer’s refusal to use RuStore under the terms of this Agreement and all rights previously granted to the Developer.

11.3. VK has the right at any time to refuse to perform this Agreement in full or in part without prior notice in the event of a breach by the Developer of any warranty provided by them under this Agreement, and also has the right to suspend the placement of Products until the dispute is resolved.

11.4. The invalidity of any provision of this Agreement shall not entail the invalidity of the other provisions of this Agreement as a whole.

12. Other Provisions

12.1. Disputes between the Parties, as well as between the Parties and third parties arising from the conclusion, execution, and termination of this Agreement, shall be subject to consideration by the Arbitration Court of the City of Moscow. Compliance with a pre-trial claim procedure is mandatory. Claims shall be sent signed by authorized representatives of the Parties and must be considered by the Party receiving the claim within 30 (thirty) calendar days from the date of its receipt.

12.2. Written documents (including notices, letters, demands, etc.) under this Agreement may be sent by one Party to the other Party by courier or registered mail. Copies of these documents may also be sent by email, with the mandatory subsequent provision of the original of the sent document.

12.3. VK has the right to demand from the Developer the provision of certified copies of documents: Constituent documents, Extract from the Unified State Register of Legal Entities, OGRN Certificate, Certificate of Tax Registration, Order appointing the Executive Body or power of attorney for an authorized person, as well as other documents and information about the Developer (e.g., tax return). The documents specified in this clause shall be provided within 5 (five) calendar days from the date of receipt of the request.

12.4. This Agreement is deemed concluded between the Parties from the moment the Developer completes registration on the Service and confirms in the established manner their consent to the terms of this Agreement. The Agreement is concluded for an indefinite period and remains in force until it is terminated by agreement of the Parties, or unilateral refusal by either Party to perform it, or expiration/termination of the Agreement for other reasons and circumstances established by this Agreement or by law.

12.5. Either Party has the right to unilaterally withdraw from this Agreement by notifying the other Party no later than 15 (Fifteen) calendar days before the date of withdrawal from the Agreement. The Developer sends such notice to the Company in writing to the Company’s location address or by email to: support@rustore.ru. The Company has the right to send such notice to the Developer via email to the address specified in the Developer’s Personal Account, or through the internal interface of the RuStore Service. The fact of notification of the Developer is the sending of an email from the Company’s server. The Company is not responsible if the Developer has specified an invalid email address in the Developer’s Personal Account.

Version dated April 6, 2026