1. DEFINITION OF TERMS
Throughout this Agreement, the following terms are given the following meaning:
"Company", "We", "Our", "Us", "We" or any other similar derivatives (depending on the context) means the following person: IP ALEXANDER VIKTOROVICH BRATCHIKOV, the address of location: 28, Milchakova Street, 28, sq.9, Perm, Perm, Perm Territory, Russia (including, its branches and representative offices both in the territory of the Russian Federation and abroad, as well as any other persons established in the Russian Federation and abroad). (including its branches and representative offices both within and outside the Russian Federation, as well as any other entities created as a result of the Company's reorganization), which own or manage the Application.
"Application Content" means all objects placed by the Company and/or third parties (with the Company's permission) on the Application, including design elements, text, graphics, images, illustrations, virtual objects, videos, programs, music, sounds, information, notices and any other similar objects, compilations or combinations thereof.
"Updates" means a software patch or software package for the Application that is released by the Company from time to time, offered for free download by Users who are already using the Application, and is intended to fix non-functional features of the Application, fix bugs (errors) in the operation of the Application, or introduce small software components to make the Application more secure and compatible with devices.
"Platform" means the cloud platform on which the Company has hosted the Application for download by the User. This Application is available for download from the App Store and Google Play.
"Application Software" means the software developed by the Company (and/or third parties on behalf of the Company) for the Application, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
"User", "you", "your", "your", "you", "by you" or any other similar derivation (as the context requires) means a person who (1) uses the Application and has accessed the Services; and (2) has agreed to abide by the rules for use of the Application set forth in the body of this Agreement by creating a personal account (cabinet).
"User Content" means (1) all postings made by User on the App, including, but not limited to, comments; ratings; reviews; feedback; reports; feedback; posted videos, photos, music and other media files; likes; ratings and/or any other form of activity available to User; and (2) any other content created by User.
"App" means the following app: "evernow: buddy meditation" that User downloads via the Platform to a smartphone or other device.
"Services" means collectively the App Content and the App Software.
"In-app purchase" means the User obtaining, for a fee, additional features and/or functionality for the App and/or purchasing any virtual goods/services within the App.
2. ADHERENCE TO THE AGREEMENT
2.1 This User Agreement (hereinafter referred to as the "Agreement") defines the rules and procedure for using the Application, the rights and obligations of Users, as well as regulates the behavior of Users when accessing the Application and Services.
2.2 The User accepts the terms and conditions of this Agreement by creating a personal account.
2.3 This Agreement is binding on its parties (i.e. the Company and the User). The User can assign its rights under this Agreement only after obtaining prior written consent from the Company.
2.4 If you are the legal representative (parent, guardian) of a minor User, then you automatically agree on your own behalf and on behalf of such minor User to the terms of this Agreement.
Warning to Users
2.5 If the User accesses the Application and/or its Services via the Platform or social networks (e.g. Facebook, Vkontakte, Odnoklassniki), then the User is automatically deemed to have accepted the terms and conditions of the user agreement of such Platform or social network.
2.6 The User acknowledges that its agreement with the mobile network provider (hereinafter "Provider") will apply to the User's use of the Application. The User also acknowledges that the Provider may charge the User from time to time for data transmission services when using certain features of the Application, as well as any other fees and charges arising from such transmission and for which the User agrees to be responsible. If the User is not the Provider's bill payer on the smartphone or other device used to access the Application, it is assumed that such User has received authorization from the bill payer to use the Application.
2.7 The User is the sole person responsible for checking and controlling the compliance of the installed Application with the technical features/capabilities of the smartphone or other device and/or other restrictions that may be applicable to the User and/or its smartphone or other device by third parties, including the Internet Service Provider.
3. APP USERS
General criteria and age
3.1 In order to use the App, Users must meet the following criteria (cumulatively):
(1) be at least 12 years old; and
(2) not be restricted from accessing the Application and Services based on a valid court order or as otherwise required by applicable law or the terms of this Agreement.
Creation of a personal account
3.2 In order to access the Services, Users are required to create a personal account. It is impossible to use the Services without registration (i.e. creation of a personal account (cabinet)). Upon completion of registration, the User receives a unique login and password to enter their personal account (cabinet).
3.3 To create a personal account, the User must provide the following information about himself/herself:
Email, name, convenient time for meditations
4. INTELLECTUAL PROPERTY
4.1 User receives a non-exclusive, non-transferable, non-sublicensable, ONLY for personal (non-commercial) use license for the Services (hereinafter "User License"). The User undertakes not to use the Services for any other purpose. The User obtains said User License ONLY on condition of compliance with ALL terms and conditions of this Agreement.
4.2 The User License terminates automatically when the Application is deleted from the User's smartphone or other device. Nothing in the text of this Agreement shall be construed as entitling the User to any other license to use intellectual property owned or held by the Company other than that granted above.
Intellectual Property of the Company
4.3 The Company owns all property rights, including proprietary intellectual property rights, to all Application Content and the Application Software without exception. The Application Software and the Application Content are protected by copyright in accordance with the procedure stipulated by the current civil legislation of the Russian Federation, as well as international treaties and conventions in the field of intellectual property protection.
4.4. USERS are NOT allowed to copy, reproduce, modify, compile, distribute, display in any form, publish, download, transfer, sell (in whole or in part), dispose of in any way for a fee or free of charge, sublicense, distribute or use the Application Content and the Application Software in any way, unless such actions are expressly permitted by the terms of this Agreement or the applicable laws of the Russian Federation.
4.5 Nothing in the text of this Agreement may be construed as a transfer to the User of any exclusive rights to the Application Content (in full or in a separate part) and/or the Application Software.
4.6 The Company owns all rights in respect of trademarks, commercial (business) names, brands, logos registered in its name (hereinafter referred to as "Trademarks"). Such Trademarks are protected by applicable law and NOTHING in the text of this Agreement shall be construed as conferring any license to the User to use such Trademarks.
5. APPLICATION OPERATION PROCEDURE
5.1 User agrees to comply with the following rules when working with the Application:
(1) comply with all obligations undertaken by User in connection with adherence to this Agreement; and
(2) to provide true data about himself/herself to create a personal account (cabinet); and
(3) not to impersonate any other person, including, but not limited to, not to provide any third party data (without obtaining their express, prior and informed consent) to create a personal account (cabinet); and
(4) inform the Company about theft of logins, passwords or any other access keys of the User to the personal account (cabinet); and
(5) not to provide third parties with access to his/her account (cabinet) and/or logins, passwords or other access keys; and
(6) not upload, store, publish, distribute, post, advertise, send, access or otherwise use User Content that (a) is threatening, defamatory, abusive, defamatory of honor, dignity or business reputation, or invasive of the privacy of other Users or third parties; and (b) is spam, bullying, vulgar or obscene, contains pornographic images and texts, scenes of a sexual nature, including those involving minors, or scenes of violence, including sexual violence, against humans or animals; and (c) contains any form of incitement to suicide and/or propagandizes or promotes incitement to racial, religious, ethnic hatred or hostility, propagandizes fascism or ideology of racial superiority, or contains extremist materials; and (d) propagandizes violation of the rights or legitimate interests of other Users or third parties or propagandizes crime or contains advice/guidance/instructions to commit it; and (e) violates other rules of this Agreement or is prohibited on the basis of the applicable law
(7) do not perform any actions (with or without the use of automation means) aimed at collecting any personal data of other Users; and
(8) not to take any actions or assist third parties in performing actions aimed at disrupting the Application and/or Services, including, but not limited to (a) downloading viruses or malicious code; (b) performing actions that may result in disabling the Application and/or Services, disrupting the normal operation of the Application or its software, or degrading the appearance of the Application and/or the Application Content.
(9) not take any other action that is unlawful, fraudulent, discriminatory or misleading.
Users' rights to the posted content
5.2 The User Content created by you is an object of intellectual property and is protected by the current legislation, therefore the Company does not claim to receive and does not require you to provide it with any property rights to your User Content. Nothing in the text of this Agreement shall be construed as depriving the User of the rights to the User Content created by the User or limiting them.
5.3 You hereby grant to Company a non-exclusive, royalty-free, worldwide license (the "License") with the right to transfer and sublicense the right to store, use, distribute, modify, launch, copy, publicly perform or display, translate and create derivative works based on Your User Content.
5.4 The License so granted by You will automatically terminate in case of deletion of Your personal account (cabinet) or in case of deletion of the Application from Your smartphone or other device.
5.5 The Company will take all possible actions aimed at complete removal of your User Content immediately after the circumstances for termination of the License occur, except for the following cases: (1) part of your User Content has been used by other Users (based on the License issued by you earlier, in which case your User Content will be available to other Users until the other User removes it); or (2) User Content posted by you,
User Content Requirement
5.6 Users are prohibited from uploading any User Content that may be owned by third parties or the rights to use which have not been granted to such User to the extent necessary. The User hereby assumes the obligation to indemnify the Company for ALL DAMAGES AND JUDGMENTAL DAMAGES incurred by the Company in connection with a claim brought by a third party that the User Content published infringes the INTELLECTUAL PROPERTY RIGHTS of such third party.
5.7 The User is discouraged from uploading any User Content that may contain confidential or other personal information. The Company recognizes any User Content as containing no confidential information at all and therefore does not assume any obligation to protect it from disclosure or infringement by third parties.
5.8 The Company does not and cannot verify all materials published by Users as part of the User Content they create, and therefore the Company is not responsible for the content of such User Content, its use and/or its impact on third parties or other Users. Management or ownership of the Application does not mean that the Company confirms, supports, guarantees, distributes and/or believes in the information posted within the User Content.
5.9 The User is responsible for their own protection and the protection of their device from viruses and other malware. The Company does not assume any responsibility for any damage caused as a result of using the Application, its Services and/or User Content (including its downloading).
5.10. The Company has the right at any time to check the User Content for its compliance with the requirements of this Agreement or applicable law. At the same time, nothing in the text of this Agreement shall be construed as a direct obligation of the Company to conduct any independent verification of the User Content not otherwise than at the request of other Users or third parties.
5.11. If you encounter User Content that violates the terms of this Agreement or the legitimate rights and interests of Users or third parties, you may address your complaint as follows:
send an e-mail to email@example.com
5.12. If it is found that the User Content violates the terms of this Agreement or the provisions of applicable law, the Company has the right at its sole discretion, at any time, without the need to warn the User and assuming any responsibility in the future to remove such User Content at all, and in case of repeated violation - to delete your personal account (cabinet).
5.13. In order to fulfill the requirements of Part 1 of Article 10-6 of the Federal Law "On Information, Information Technologies and Information Protection", the Company has the right to conduct internal monitoring of User content in order to ensure that Users comply with the restrictions set forth in the Federal Law "On Information, Information Technologies and Information Protection".
Feedback on the Application
5.14. Each User shall have the right (but not the obligation) from time to time to leave or send their ideas, feedback, suggestions or projects aimed at improving the operation of the Application or the quality of the Services provided. Such feedback may be sent by the User in the following manner:
Send an e-mail to firstname.lastname@example.org
5.15. By submitting such ideas, feedback, suggestions or projects, User automatically grants us a non-exclusive, royalty-free, worldwide, transferable and sublicensable license to store, use, distribute, modify, launch, copy, publicly perform or display, translate your ideas, feedback, suggestions or projects and to create derivative works based on them.
5.16. Any such information provided to the Company is automatically recognized as non-confidential.
6. ADVERTISEMENT PLACEMENT IN THE APP
Placement of advertisements by the Company
6.1 The Company may from time to time place any advertising or marketing material.
Placement of advertisements by third parties
6.2 The app content may contain links to third party websites and/or advertising or marketing materials about goods/services provided by such third parties (hereinafter referred to as "Third Party Advertising"). THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY (1) FOR THE CONTENT OF THIRD PARTY ADVERTISEMENTS OR FOR THE AVAILABILITY, QUALITY AND SAFETY OF THE PROMOTED GOODS/SERVICES IN SUCH ADVERTISEMENTS; and (2) FOR ANY DAMAGES, LOSSES OR DAMAGE incurred or caused to the USER as a result of reading such advertisements or using the goods/services promoted in the third party advertisements.
6.3 In the event that the User goes to another website through a Third Party Advertisement, the Company cannot guarantee that such website is safe for the User and/or the User's computer. Nothing in the text of this Agreement shall be construed as an assurance, encouragement, recommendation or inducement for the User to use any Third Party Advertising, to visit any Third Party websites, or to try, purchase, use any Third Party products/services.
7. MAKING PAYMENTS THROUGH THE APPLICATION
7.1. The Application does not provide an opportunity to purchase any goods/services through it.
8. MAKING IN-APP PURCHASES
8.1. In-app purchases within the Application are not provided.
9. ACCESS TO THE ANNEX
9.1 The Company reserves the right to change or modify the App Content at any time without giving any reason, at its sole discretion and without the need to notify the User. The Company also reserves the right to modify, interrupt or discontinue part or all of the Application at any time without any further notice. In connection with the foregoing, the Company does not assume any liability to Users or third parties for any changes, modifications, deletions, eliminations, discontinuances or interruptions of the Application.
9.2 The Company does not guarantee that the Application and Services will be available to the User at all times. From time to time, the Company may encounter hardware, Application software or other malfunctions and the Company may require time to investigate and correct such problems. Such troubleshooting may result in failures, delays or errors in the operation of the Application. Company reserves the right to modify, revise, update, suspend, discontinue or otherwise change the Application at any time or for any reason without prior notice. User agrees that Company shall not be liable for any loss, damage or inconvenience caused by User's inability to access or use the Application during downtime or discontinuance of the Application. Nothing in the terms of this Agreement will be construed to obligate Us to keep the Application running without interruption or disruption.
Provision of Updates
9.3 The Company may from time to time provide Updates and require them to be installed on the User's smartphone or other device. In this case, the User is the only person responsible for installing the Updates and is fully liable for any loss, loss, damage or lost profits caused to the User by the late installation of the Updates or failure to install them at all, incompatibility of the installed Updates and the smartphone/other device. The Company does not provide any technical support or internet connection to the User to enable access to the Services and/or Updates.
9.4 The User has the right to stop using the Application at any time by deleting it from his/her smartphone or other device.
9.5 In case (1) the User violates the terms of this Agreement or when the Company has reasonable grounds to believe that such violations have been committed; and/or (2) violates the intellectual property rights of the Company, other Users or third parties; and/or (3) commits actions that are illegal, violate the rights and interests of the Company, other Users or third parties or undermine the operation of the Application or the ability of other Users to use the Application; and/or (4) the User uses the Services or the Application in a manner that is not in accordance with the terms of this Agreement.
If the circumstances set forth in the preceding paragraph occur, the User is prohibited from creating any other accounts on the Application in the future.
9.6 The Company also has the right to delete the User's account due to inactivity for 180 consecutive calendar days.
9.7 In all cases of deleting the User's account or deleting the Application from the User's smartphone or other device, all data and information posted by the User in the account and/or related to it will be irrevocably deleted. The Company does not assume any responsibility for the deletion of such data and information, as well as for any harm, damage, losses or lost profits caused to the User by such deletion and/or lack of access to the Services in general.
12. DISPUTE RESOLUTION PROCEDURE
12.1. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. If disputes are not resolved through negotiations, disputes shall be resolved in the manner established by the current legislation of the Russian Federation.
13. FINAL PROVISIONS
13.1. We may revise, amend or change the terms of this Agreement from time to time. Such changes are generally not retrospective.
THE COMPANY DOES NOT ACCEPT ANY RESPONSIBILITY TO NOTIFY USERS ABOUT UPCOMING OR ACTUAL CHANGES TO THE TEXT OF THE AGREEMENT. By acceding to the terms of this Agreement, the User also undertakes to periodically review the terms of this Agreement for changes or additions.
If, after changes or additions to the text of the Agreement, the User continues to use the Application, this means that he is familiar with the changes or additions and accepted them in full without any objections.
13.2. Unless otherwise expressly stated in the provisions of this Agreement or directly follows from the norms of current legislation, the substantive law of the Russian Federation applies to the terms of this Agreement.
13.4. If one or more terms of this Agreement have lost their legal force or are declared invalid under applicable law, the remaining terms of the Agreement do not lose their force and continue to operate as if the term declared invalid or invalid did not exist at all.
13.5. Access to the Application and its Services is provided to the User “as is”. We do not promise, guarantee or imply that the Services and the Application may or may not suit your needs, goals, expectations, and therefore we do not guarantee any specific results or consequences resulting from your use of the Application and its Services.