Rules of participation in the project “Accelerator”
Article 1. Terms and definitions
1.1 MTS Accelerator, Project, Acceleration Program – program of intense development and evaluation of benefits from interaction between the Startup and the Organizer, implemented by the Organizer through mentorship, education and expert support. The Accelerator Project can be considered neither as bidding in terms of Article 447 of Civil Code of Russian Federation, nor as public competition or public promise of bonus in terms of Articles 56-57 of Civil Code of Russian Federation.
1.2 Mentorship – interaction between Organizer representative and the Participant for the purpose of knowledge, skills and abilities transfer to the latter.
1.3 Applicant – legal entity or individual entrepreneur, in respect of which a bankruptcy procedure has not been initiated and which is not the Organizer’s affiliate, that has submitted an application for participation in the Project through the Website in the manner as prescribed by the Rules.
1.4 Organizer – Project organizer – Public joint stock company “Mobile TeleSystems” incorporated under Russian laws currently in force, state registration number 1027700149124, located at: 109147, Russian Federation, Moscow, Marksistskaya str., 4.
1.5 Partner – an organization that assists, on the basis of an agreement concluded with the Organizer, in the implementation of the Project and/or Open Window, including but not limited to by providing expert support for the Project and/or Open Window, exchanging information about the Products of the Participants and/or Open Window, providing information support and promotion Project or Open Window, providing an infrastructure for testing site of the Product upon the request of the Organizer.
1.6 Pilot – testing the Accelerator or Open Window Participant’s Product using the resources of the Organizer or the Partner in order to test a business suggestion formulated to assess the prospects and format of the cooperation. The Pilot is carried out based on a Pilot agreement made between the Organizer and the Participant of the Accelerator or Open Window.
1.7 Pitch-session – series of short presentations with a brief structured presentation of Product.
1.8 Product – software for computing devices submitted in the form of data and instructions for PC and other computing devices, including smartphones, tablets and other mobile devices for the purpose of achievement of a particular result of device operation, including audiovisual images generated by this software, and/or services, and/or equipment including the prototype.
1.9 Open Window – the process by which the Organizer conducts a competitive comparison of Applicants' Products with other products on the market in order to identify the highest quality Product and then conduct the Pilot in accordance with the selection criteria at the discretion of the Organizer.
1.10 Milestone control – pitch session with a short structured presentation of the intermediate results of participation in the Acceleration Program.
1.11 Demo day – pitch session with a short structured presentation of the final results of the Product development for the Pilot within the Accelerator.
1.12 Organizer’s Website (Website) – website on the Internet located at startup.mts.ru.
1.13 Participant – Applicant admitted to the Accelerator (stage III of the Project) by Organizer.
Article 2. General provisions
2.1 These Rules of participation in the project «MTS Accelerator» (hereinafter – “the Rules”) govern the relations of the parties (Organizer, Applicant, Accelerator Participant or Open Window), arising from implementation of the Project and participation in it.
2.2 Project is implemented in three stages:
Stage I – Applications selection into the Accelerator or Open Window;
Stage II – Competitive admissions into the Accelerator or Open Window;
Stage III –Accelerator.
2.3 Location of onsite activities of Project – Moscow.
2.4 Project is implemented within the terms posted on Website, free for the Applicants and Accelerator Participants.
2.5 At any stage of the Project, Organizer may request from the Applicant or Participant to provide additional necessary information, documents and materials for checking the Product and the Applicant, including for the purposes of legal due diligence; to fill out the questionnaires provided by Organizer. Any Applicant or Participant is obliged to provide information and materials within the timeframe as agreed with the Organizer.
2.6 Organizer may interview Applicant or participant at any stage within the terms set out by Organizer.
2.7 Applicant, Accelerator Participant can withdraw from participation in the Project at any stage according to the procedure as established by Article 9 of the Rules.
Article 3. Product
3.1 As part of Project Participants provide their Product for evaluation (in the form of presentation and if necessary as a prototype).
3.2 Product must possess at least minimal but sufficient performance to create value to customer (minimal viability). The estimation of Product for compliance with the requirements of minimal viability pertains to the discretion of Organizer.
3.3 Applicant, Accelerator Participant guarantees that:
- it has all the required rights, permits, powers to use intellectual property, including but not limited to copyright, patent and allied rights, know-hows, means of individualization of third parties used in Product;
- that as of the date of filing the application for participation in Project, as well as during the participation of Applicant, Participant in Project, Product is not pledged, Applicant, Participant is not aware of any claims from third parties for Product, including without limitation claims of the right holders, lawsuits or actions in relation to Product, applications to the Patent Dispute Chamber. If, during participation in Project, Applicant, Participant becomes aware of any of the circumstances listed in this clause, he must immediately inform the Organizer thereof.
3.4 Product must be eligible according to one of the fields of activity indicated by Organizer on the Website.
Article 4. The procedure of providing the Application and selecting Applications for participation in Accelerator or Open Window (stage I)
4.2. Together with the application the Applicant must also provide the Presentation (5 (five) – 30 (thirty) slides) describing the Product. The presentation have to contain information allowing to evaluate the Product on the following criteria:
- compliance with the fields of activity indicated on Website;
- originality of the idea of the Product;
- commercial attractiveness of the Product for Organizer.
Additional materials can be attached to the application in PPTX, PDF, DOC formats. The total size of the attached materials should not exceed 25 MB.
4.3. All materials and information provided as a part of the application, as well as Product itself, must comply with the requirements of the legislation of the Russian Federation and other legislations applicable to Product or the Applicant / Accelerator Participant, including the Federal Law "On Information, Information Technologies and Information Protection" dated July 27, 2007 No. 149-FZ, Federal Law "On Personal Data" dated July 27, 2006 No. 152-FZ.
4.4. By providing information and materials Applicant confirms that such information, materials are not confidential, or protected as trade secrets and that any permits for disclosure of such information and material as described in the application have been obtained.
4.5. Organizer implements a preliminary estimation to check whether Product, the materials provided by Applicant comply with the requirements set out in the Rules, and forms the list of participants of the Competitive Admissions.
4.6. The list of Participants is posted by Organizer at the Website or this list or a personal notification of awarding the status of a Participant of the Competitive Admissions is sent to each Participant individually.
Article 5. The procedure of Competitive Admissions (II stage)
5.1 The Competitive Admissions is implemented by an expert group comprising representatives of Organizer, Organizer may call other independent experts (hereinafter – Expert group).
5.2 Participant of the Competitive Admissions is admitted the Pitch session by the decision of the Expert group through evaluating Participant and Product in accordance with the criteria for selecting the participants into the Accelerator at the discretion of the Organizer.
5.3 The criteria of admitting Participants to Stage III of Project (Accelerator):
- potential economic value of Product and proposed business-model;
- degree of Product completion;
- qualification of Participant’s team;
- Product development strategy, Product marketing strategy, business-models;
- potential of pilot project launch.
5.4 Organizer shall appoint the day of Pitch Session. Participant of the Competitive Admissions must make a presentation at the Pitch Session to contain the business model and technical concept of the Product, including its value or an issue to be solved with the help of this technology, the key technology of the Product being developed, the way of implementing Pilot on the basis of the Product together with the Organizer.
5.5 Based on the results of Pitch Session, Expert Group determines the list of Accelerator Participants. Information with a list of Participants who have been admitted to the Accelerator is sent to them in the manner as prescribed by Article 9 of the Rules.
5.6 The results of Participants’ selection, decisions of Expert group are final and cannot be appealed, except when such appeal is initiated by Organizer based on detected violation of the requirements of the Rules.
Article 5.1. Procedure for Competitive Admissions into Open Window
5.1.1. As a part of the Open Window process, Organizer searches the market for products and solutions that are competitive with Applicant's Product.
5.1.2. The Organizer conducts a comparative assessment of Product with products available on the market in accordance with the following criteria:
- the potential economic value of the Product and the proposed business model;
- the degree of product completion;
- professional qualities of Applicant's representatives;
- Product development plan, Product promotion strategy, business model;
- Pilot launch potential.
5.1.3. Based on the results of the comparative assessment, Organizer may appoint the Pitch Session for Applicant. Applicant must take part in the Pitch session and submit a presentation of the Product.
The Product presentation must contain information to allow evaluating the Product according to the following criteria:
- compliance of Product with the field chosen by the Organizer;
- business attractiveness of the Product for Organizer.
5.1.4. Based on the results of the Pitch session of Open Window, the Organizer may make an agreement with Applicant for Pilot, which is confirmed by the Protocol of Pitch Session of Open Window. Organizer may give to Applicant an extract of the Protocol of Pitch Session of Open Window at its discretion.
Article 6. Accelerator Stage (stage III)
6.1 Accelerator is implemented within the term as established by Organizer at the Website.
6.2 Workshops, master-classes, consultations, individual meetings and other events (both with physical presence and extramural) according to the schedule approved by Organizer are held for Accelerator Participant as a part of Accelerator.
As a part of its education in the Accelerator, Participant itself, at its own expense and with consultations of Organizer’s experts finalizes the Product, develops the marketing strategy of the Product and makes the final presentation of the Product for the Demo Day.
6.3 The Organizer may conduct the Milestone Control. The Accelerator Participant must make a presentation for the Milestone Control.
6.4 Criteria for selection of the Accelerator Participants at the Milestone Control:
- the degree of completion of Product for Pilot (whether specific business case, an estimated preliminary budget, the terms of reference, risk estimation are available),
- readiness of Organizer's business requirements for making the pilot contract,
- progress of the Accelerator Participant's participation in the Acceleration Program.
6.5 Based on the results of Milestone Control, the Expert Group of the Organizer determines the list of Accelerator Participants who have confirmed the status of Accelerator Participants. Organizer approves the results of Milestone Control in the Milestone Control Protocol. Organizer may give to Accelerator Participants an extract of the Milestone Control Protocol at its own discretion.
6.6 Participant appoints its representative(-s), to take part in activities of Accelerator.
6.7 The Organizer may assign a tracker for each Accelerator Participant (Organizer’s representative to supervise the work of Participant and prompt business consulting of Participant as a part of Accelerator for successful completion of Accelerator program).
6.8 Organizer may hold an Admission Pitch Session. The Accelerator Participant must make a presentation of the Product at the Admission Pitch Session.
6.9 Criteria for selecting the Accelerator Participants for the Admission Pitch Session:
- the degree of completion of Product for Pilot (whether specific business case, an estimated preliminary budget, the terms of reference, risk estimation are available),
- readiness of Organizer's business requirements for concluding the pilot contract,
- progress of the Accelerator Participant's participation in the Acceleration Program
6.10 Based on the results of the Admission Pitch Session, the Organizer's Expert Group determines the list of Accelerator Participants admitted to participate in the Accelerator Demo Day
6.11 Organizer appoints the day for Demo Day for the Participants with the final, developed in the course of education in Accelerator and presentations of Products. The final presentation must contain business-model and technical concept of Product, including its value or the issue that is solved with the help of Product, the key technology of Product under development, market analysis, financial goals of Product, technological innovativeness, possibility to apply Product together with Organizer.
6.12 Criteria for admitting Accelerator Participants to Demo Day:
- the degree of readiness of the contract for Pilot, the elaboration of the technical and organizational parameters of the Pilot,
- scaling potential in case of successful Pilot (the preconditions and scaling model have been agreed).
6.13 Based on the results of Demo Day, Organizer determines the list of Accelerator Participants with whom Organizer or Partner may enter into an agreement for Pilot, which is confirmed by the Protocol of Demo Day. Organizer may give to the Accelerator Participants an extract of the Demo Day Protocol at its own discretion.
Article 7. Monetary reward
7.1 Organizer pays to each Accelerator Participant a reward in the amount of 100 000 (one hundred thousand) rubles within 30 (thirty) days from the date the Accelerator Participant receives the Participant status based on the results of Pitch Session of the Competitive Admissions. The Protocol of the Pitch Session of the Competitive Admissions acts as the ground for the payment.
If the Milestone Control is held, Organizer pays a reward in the amount of 100 000 (one hundred thousand) rubles within 15 (fifteen) working days from the date of the Milestone Control, provided that the status of the Accelerator Participant remains unchanged. The Milestone Control Protocol acts as the ground for the payment.
In case of payment of the indicated amounts in US dollars, euros, other foreign currencies, recalculation into US dollars, euros, other foreign currencies is made based at the rate of the payer's bank (Organizer) on the day of the payment.
7.2 Organizer may refuse to pay if Participant is disqualified from participation in Project for any reason set out in the Rules before the ground for the payment of monetary reward has been arisen.
7.3 If Accelerator Participant fails to provide bank account details to pay a monetary reward within 3 (three) business days from the Organizaer’s request, the Organizer may refuse to pay such reward.
7.4 The Accelerator Participant may not transfer its right to receive monetary reward to third parties without a written consent of Organizer. Substitution of monetary reward payment set out in this Article for another reward equal to this sum (property, service, performance of work etc.) is not permitted.
Article 8. Intellectual property rights
8.1 By participating in Project the Accelerator Participant does not assign any rights in Product to Organizer, including intellectual property rights developed during the participation in the Project unless otherwise agreed.
8.2 Participation in the Project does not grant to the Applicant the right to use in any manner the trademarks, trade names, commercial designations, other results of intellectual activity, the owner of the exclusive rights to which is the Organizer and (or) its affiliates, unless otherwise agreed by Organizer and the Applicant / Participant.
Article 9. Information and notifications
9.1 The main way of sending messages from the Parties during participation in the Project is exchange of electronic messages to the e-mail addresses of each of the Parties. The e-mail address of Applicant / Participant is the address specified by him when applying for participation in the Project through the Organizer's Website. Messages sent from Organizer are e-mails to the Applicant / Participant from
e-mail addresses with the mts.ru domain names.
The use of other communication methods, including mobile communication, as a method of interaction between the Parties is allowed exclusively at the discretion of Organizer. The Organizer may use additionally other contact information provided by the Applicant for sending notifications.
9.2 Information about revision of terms for collection and (or) processing of applications, about revision of terms for implementation of Project, information about amendments to the Rules and other information intended to all Applicants/Participants is posted on Organizer’s Website.
9.2 The Organizer is notified and informed via email: firstname.lastname@example.org.
Article 10. Miscellaneous
10.1 Applicant / Participant gives his consent for use by Organizer of any information and materials provided by Participant, including information about Applicant / Participant, Applicant / Participant’s trademark, Applicant / Participant’s firm name, photos and videos made in the course of Project, including by posting on Organizer’s Website on the Internet, on marketing and PR-materials for the purpose of informing about the Project and its outcome by expressing agreement with the terms of the Rules. Organizer may take photos and videos of the representatives of the Applicant / Participant during the events, post photos and videos on the Organizer's Website, as well as in other sources, including in printed materials of Organizer and in Organizer's official groups in social networks
10.2 Participant bears all expenses of participating in Project. Organizer disclaim all liability for any losses that Participant may incur as a result of participation in Project, including those related to any changes, suspension and abandonment of Project, exclusion of the Applicant / Participant from the Project, as well as for any damage (direct or indirect), any losses incurred and caused not as a result of deliberate actions of Organizer, including due to termination of Organizer’s Website or information systems, computer failures, issues with Internet access, or any other commercial losses, as well as partial or complete loss of any information of the Applicant/Participant related to use or inability to use Organizer's information systems, including in case of prior notification from the Applicant / Participant about the possibility of such damage, or based on any claim of a third party
10.3 If Applicant / Participant becomes subject to any claims, suits and (or) actions from third parties, including those arising in connection with the unlawful use by the Applicant / Participant of any results of the intellectual activity during the participation or in connection with the participation in the Project, Applicant / Participant undertakes to settle these claims and actions on his own and at his own expense.
In the event that Organizer becomes subject to claims, suits and (or) actions from third parties, including those arising in connection with unlawful use by the Applicant/Participant of any results of intellectual activity during the participation or in connection with the participation in the Project, Applicant / Participant undertakes to settle claims and actions at its own expense and to compensate Organizer's expenses for the settlement of these claims within 10 (ten) calendar days from the date of receipt of Organizer's claim for compensation of the expenses.
10.4 Organizer may, at its sole discretion, change the terms of the Rules, including, but not limited to, cancel, suspend or terminate the Project, change the conditions or terms of the Project and its individual stages, without giving reasons, by notification of the Applicants by posting the relevant information on Organizer's Website.
10.5 Organizer may exclude Applicant / Participant from participation in the Project at any stage in the case of:
- absence of a response from Applicant/Participant to Organizer’s requests, including requests for information and documents, within the terms as specified by Organizer, refusal to undergo an interview, or failure to attend the interview within the terms specified by the Organizer,
- non-compliance of Applicant, Participant, Product, the information and documents provided with the requirements established by the Rules,
- refusal of Participant to participate in the activities of the Project, absence on the day of any event of the Project,
- refusal or evasion of Participant from concluding the confidentiality agreement and filling out the questionnaire provided to Participant by Organizer,
- if Participant's participation in the Project, or use of Product has led or may lead to damage to the business reputation or property damage to Organizer or third parties.
10.6 Applicant, Participant undertakes to comply with the requirements of the applicable anti-corruption legislation and refrain from any actions that may break anti-corruption legislation or become a cause of such breach by Organizer, among other things not to demand, receive, offer, authorize, promise or make illegal payments directly, via third parties or as an intermediary, including but not limited to bribes in monetary or in any other form to any individuals or entities including but not limited to commercial entities, government and local authorities, public officials, private companies and their representatives.
In case of breach of the above-mentioned anti-corruption liabilities by Applicant / Participant, or receipt by Organizer of information about such breach, Organizer is entitled to disqualify Applicant / Participant at any stage of Project without any notification.
10.7. The law of the Russian Federation shall apply to relations of the Organizer, Partner and the Applicant, Participant arising out of or in connection with these Rules without regard to its conflict of laws principles setting out the other procedure.
10.8. For the purpose of the pre-trial settlement of any disputes arising out of or in connection with these Rules, including disputes concerning their execution, modification (amendment), termination, non-conclusion or invalidity, the claim in writing should be delivered to the company registration address of the claim recipient.
The deadline for submitting a response to the claim shall be thirty (30) calendar days following receipt thereof.
In case of failure of pre-trial settlement, the claim arising out of or in connection with these Rules, including disputes concerning their execution, modification (amendment), termination, non-conclusion or invalidity, shall be filed to the Moscow City Arbitrazh Court.
10.7 The communication language of the Project is Russian. The Acceleration Program is conducted in Russian, unless otherwise agreed with Organizer.
These Rules are drawn up in Russian and English, in case of discrepancies, the Russian version of the Rules prevails.