TERMS OF USE AGREEMENT FOR THE APPLICATION
1. KEY TERMS
In the text of this Agreement the following terms are defined as:“Company”, “We”, “Our”, “Us”, “by Us” or any other similar derivatives (depending on the context) means the following: “Sofit” LLC (with its registered address of actual location: Russia, Moscow, 108811, intra-city area of the residential community Moskovskii, 22 km from MKAD on the Kiev highway (residential community Moskovskii), House 6, Building 1), including Its affiliates and representative offices both on the territory of the RF and beyond its borders, as well as any other representatives, which might appear in case of reorganization of the Company, who are either the owners of the Application or manage it.
“Content of the Application” implies all the content posted by the Company and/or third parties (with the permission of the Company) in the Application, including design features, texts, graphics, visual illustrations, virtual objects, videos, music, sounds, information, notifications and any other similar objects, sets or combinations from them.
“Updates” means a software patch or a software pack for the Application, which is released by the Company from time to time for free download by the Users of the Application. These packs are designed to fix the malfunctions and/or errors in the operation of the Application, or to implement small program components to ensure higher security and compatibility of the Application with devices.
“Platform” means a cloud platform where the Company has cloudified the Application for its further download by User. The Application is available for download from AppStore and GooglePlay.
“Software of the Application” means the software designed by the Company (and/or by third parties on instructions from the Company) for the Application, including, but not limited to: all the software, scripts, codes (HTML codes), programs, etc.
“User”, “You” “Your” “for You” “by You” or any other similar derivatives (depending on the context) means any person that (1) uses the Application and has access to its Services; and (2) has given consent to follow the terms of use set out in this Terms of Use Agreement for the Application by continuing to use the Application.
“User Content” means (1) all the content posted by User in the Application, including, but not limited to: comments; reviews; reports; feedbacks; uploaded videos, photos, music and other media files; the left likes; ratings and/or any other activities available for User to perform and (2) any other User generated content.
“Application” means the following application: Sofit.Coach, which User downloads through Platform onto a smartphone or any other device.
“Services” means both Content of the Application and Software of the Application together.
“In-App Purchase” means purchase of additional options and/or functionality of the Application as well as of any soft goods/services made by User within the Application.
2. ACCESSION TO THE AGREEMENT
General Terms2.1. This Terms of Use Agreement (“Agreement”) specifies the rules for the use of the Application, User’s rights and obligations, and also regulates Users behavior upon getting access to the Application and its Services.
2.2. User agrees to the terms of this Agreement by continuing to use the Application.
2.3. This Agreement shall be binding on the Parties (that means the Company and the User). The User is not entitled to assign His/Her rights under this Agreement without prior written consent of the Company.
2.4. In case You are a legal representative (a parent, a legal guardian) of a User who is a minor, You automatically agree to the terms of this Agreement on behalf of Yourself and on behalf of such an under-age User.
Warning to Users
2.5. If User accesses the Application and/or its Services through Platform or social networking sites (for example, Vkontakte, Odnoklassniki), that means User has thus automatically accepted the terms of use agreement of such a platform or social networking site.
2.6. User accepts that His/Her contract with the mobile network operator (“Operator”) shall be applied to His/Her use of this Application. User also agrees that Operator may from time to time charge User for data services provided to User in connection with His/Her use of certain functions of the Application, as well as charge other fees and payments arising in connection with providing such data services, which User shall be liable for. If User is not the billpayer for the Operator’s services provided on the smartphone or other device through which User accesses the Application, it is assumed that User has received permission from the billpayer to use the Application.
2.7. User is solely responsible for checking and controlling over the compliance of the Application with the technical requirements of His/Her smartphone or other device and/or any other restrictions that can be applied to User and/or User’s smartphone or other device by third parties, including the mobile network operator.
3. USERS OF THE APPLICATION
General Criteria and Age3.1. To use this Application, Users need to meet the following criteria (both together):
(1) be over 12 years old; and
(2) not to be limited the right of access to the Application and its Services by the effective court decision, or due to other cases as provided for by applicable law or in the terms of this Agreement.
Creating a Personal Profile
3.2. To obtain access to the Services, User will be required to create a Personal Profile. It is not possible to use the Services without registering (that means without creating a Personal Profile (Personal Account)). Upon completion of registration, User receives a unique login and password to access His/Her Personal Profile (Personal Account).
3.3. To create a Personal Profile, User will be required to provide the following information about Him-/Herself:
Apple or Google account, name, surname, phone.
4. INTELLECTUAL PROPERTY
User License4.1. User is granted a non-exclusive, non-transferable, non-sub-licensable license for personal (non-commercial) use of the Services ONLY (“User License”). User agrees not use the Services for any other purpose. User is ONLY granted such User License if He/She agrees to abide by ALL the terms of this Agreement.
4.2. User License shall automatically terminate once User removes the Application from His/Her smartphone or other device. Nothing in the text of this Agreement shall be interpreted as the right of User to obtain any other license to use intellectual property belonging to the Company or owned by It, except for the License that is mentioned above.
The Company’s Intellectual Property
4.3. The Company alone shall own any and all, without exception, ownership rights, including intellectual property rights, ownership of the Content of the Application as well as of the Software of the Application. The Software of the Application and the Content of the Application are protected by copyright in accordance with the procedure established by the current legislation of the Russian Federation, as well as with international treaties and conventions on intellectual property protection.
4.4. USERS MAY NOT copy, reproduce, modify, compilate, distribute, display in any form, publish, download, transfer, sell (in whole or in part), alienate in any way for a fee or free of charge, sublicense, in any way distribute or exploit the Content of the Application and the Software of the Application, unless such activities are EXPRESSLY permitted by the terms of use of this Agreement or by the current legislation of the Russian Federation.
4.5. Nothing in the text of this Agreement shall be interpreted as transfer to User of any exclusive rights to the Content of the Application (in whole or in part) and/or to the Software of the Application.
4.6. The Company solely has all the rights to the trade marks, trade (business) names, brands, logos that are registered trademarks of the Company (“Trademarks”). Such Trademarks are protected by the current legislation, and NOTHING in the text of this Agreement shall be interpreted as transfer to User of any license to use these Trademarks.
5. USING THE APPLICATION
General Terms5.1. User agrees to observe the following rules when using the Application:
(1) fulfill all the obligations that User has assumed by accession to the Agreement; and
(2) provide accurate information about Him-/Herself upon creating a Personal Profile (Personal Account); and
(3) not to impersonate another person, including, but not limited: not to provide information of third parties (without getting their explicit prior informed consent) to create a Personal Profile (Personal Account); and
(4) notify the Company of theft of User’s logins, passwords or any other access keys to User’s Personal Profile (Personal Account); and
(5) not to authorize any third parties to access His/Her Personal Profile (Personal Account) and/or not to disclose to third parties User’s logins, passwords or any other access keys; and
(6) not to upload, store, publish, distribute, post, advertise, send, authorize the access to or by any other means use the User Content, which (a) threatens, brings into disrepute, abuses, discredits honor, dignity and business reputation or violates privacy rights of other Users or third parties; and (b) is spam, bullying, indecent, obscene, contains pornographic images and texts, sexual scenes, including those with participation of minors or scenes of violence, including those containing sexual violence against people or animals; and (c) contains any incitement to commit a suicide and/or promotes or incites racial, ethnic, religious hatred and hostility, promotes fascism or racial superiority ideology, or contains extremist materials; and (d) incites infringement of other Users’ or third parties’ lawful rights and interests or promotes crimes, or contains advice/guidelines/instructions on how to commit a crime; and (e) violates other rules of this Agreement or is prohibited under applicable law; and
(7) not to take any actions (either with or without the use of automation tools) to collect any personal data of other Users; and
(8) not to take any actions and not to assist third parties to take any actions aimed at disrupting the operation of the Application and/or its Services, including, but not limited to: (a) uploading viruses or malicious code; (b) taking any actions that can disable the Application and/or its Services, cause malfunctions of the Application or its Software, or damage the Application appearance and/or the Content of the Application; and
(9) not to take any other actions that are illegal, fraudulent, discriminatory or misleading.
User’s Rights to User Content
5.2. The User Content created by You is an object of intellectual property protected by applicable law, therefore the Company does not claim to obtain and does not require You to provide Us with any ownership rights to Your User Content. Nothing in the text of this Agreement shall be interpreted as deprivation or limiting User’s rights to the User Content created by Him/Her.
5.3. At the same time, You grant the Company a non-exclusive, royalty-free, worldwide license (“License”) with the right to transfer the license or give a sub-license to store, use, distribute, modify, launch, copy, publicly perform or display, translate Your User Content, as well as create derivative works based on it.
5.4. The License so granted by You shall automatically terminate once You delete Your Personal Profile (Personal Account) or remove the Application from Your smartphone or other device.
5.5. The Company shall take all possible actions to completely delete Your User Content immediately after the circumstances for termination of the License have arisen, except for the following cases, when: (1) part of Your Content has been used by other Users (in accordance with the License previously granted by You). In this case Your User Content will remain available to other Users until the other User deletes it); or (2) the User Content posted by You is evidence of an infringement, misdemeanor or crime in criminal, administrative or civil proceedings, or its further storage is required by applicable law or upon a request of competent government body; or (3) in other cases as provided for in this Agreement.
Requirements to User Content
5.6. Users may not upload any User Content, which belongs to third parties or if User has not obtained the rights to the extent required to use such Content. Hereby User undertakes to indemnify the Company against ALL DAMAGES AND LEGAL COSTS INCURRED BY THE COMPANY IN CONNECTION WITH ANY THIRD-PARTY CLAIMS BROUGHT AGAINST IT FOR INFRINGEMENT OF INTELLECTUAL PROPERY RIGHTS OF THESE THIRD PARTIES BECAUSE OF THE USER CONTENT PUBLISHED BY THE USER.
5.7. User is recommended not to upload any User Content, which might contain confidential or other personal information. The Company considers any User Content as that which is entirely non-confidential and, therefore, will take no obligation to protect it from disclosure or infringements by third parties.
5.8. The Company shall not and cannot check all the User generated Content published by Users, therefore the Company shall not be responsible or liable for such User generated Content, for its use and/or for its impact on third parties or other Users. Managing or owning the Application does not mean that the Company confirms, supports, warrants, distributes and/or believes the information published within the User generated Content
5.9. User is responsible for His/Her own protection as well as for protection of His/Her device from viruses and other malicious software. The Company shall not take any responsibility or liability for the damages caused by the use of the Application, its Services and/or User Content (including its upload).
5.10. The Company has the right at any time to check User Content for its compliance with the terms of this Agreement or applicable law. At the same time, nothing in the text of this Agreement shall be interpreted as the Company’s direct responsibility or obligation to verify User Content, unless upon requests of other Users or third parties.
5.11. If You have been exposed to User Content that violates the terms of this Agreement or Infringes other Users’ or third parties’ lawful rights and interests, You can make a complaint the following way: send an e-mail to support@sofit.pw.
5.12. If it is found out that any User Content violates the terms of this Agreement or provisions of the current legislation, the Company is entitled to, at Our discretion, at any time, without prior notice to User and without undertaking any responsibility or liability in the future, completely delete such User Content, and, in case of repeated violation, – delete Your Personal Profile (Personal Account).
5.13. To comply with the requirements of Part 1 of Article 10-6 of the Federal Law “On Information, Information Technologies and Information Protection”, the Company is entitled to conduct internal monitoring of User Content to check its compliance with the restrictions set out in the Federal Law “On Information, Information Technologies and Information Protection”.
Feedback on the Application Operation
5.14. Each User has the right (but not the obligation) from time to time to leave or send Their ideas, feedback, suggestions or projects on how to improve the operation of the Application or the quality of the Services provided. Users can submit such feedback the following way: send an e-mail tosupport@sofit.pw.
5.15. By submitting such an idea, feedback, suggestion or project, User thus automatically grants Us a non-exclusive, royalty-free, worldwide license with the right to transfer the license or give a sub-license to store, use, distribute, modify, launch, copy, publicly perform or display, translate Your ideas, feedback, suggestions or projects, as well as create derivative works based on them.
5.16. Any such information submitted to the Company is automatically considered as non-confidential.
6. ADVERTISEMENTS IN THE APPLICATION
Advertisements placed by the Company6.1. The Company has the right to place advertising and marketing materials from time to time.
Third-Party Advertisement
6.2. Content of the Application may contain links to third-party websites and/or advertising or marketing materials on goods/services offered by such third parties (“Third-Party Advertisement”). THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY (1) FOR THE CONTENT OF THIRD-PARTY ADVERTISEMENT, AS WELL AS FOR AVAILABILITY, QUALITY AND SAFETY OF THE GOODS/SERVICES PROMOTED IN SUCH ADVERTISEMENTS; and (2) FOR ANY DAMAGES OR LOSS INCURRED BY USER OT CAUSED TO USER AS A RESULT OF HIS/HER HAVING READ SUCH ADVERTISEMENTS AND/OR HAVING USED THE GOODS/SERVICES PROMOTED IN THIRD-PARTY ADVERTISEMENTS.
6.3. In case User clicks-through on a Third-Party Advertisement leading to another website, the Company does not warrant that such a website is safe for User and/or User’s computer. Nothing in the text of this Agreement shall be interpreted as assurance, encouragement, recommendation or inducement of User to use any Third-Party Advertisement, visit any third -party websites, as well as try, purchase, use any third-party goods/services.
6.4. All issues relating to the protection of Users' Personal Data in connection with Their use of Third-Party Advertisement, shall be governed by the Privacy Policy of this Application.
7. PAYMENT TERMS AND CONDITIONS
7.1. Non-commercial use of this Application under the terms of this Agreement shall be granted to User both free of charge or for fees in accordance with the tariff plans of the Application.7.2. User shall be granted the rights to use the Application as provided for by the terms of the selected tariff plan, depending on the amount of the functionality provided.
7.3. Payment for the granted rights to use the Platform is made by User in the form of one-time fee or subscription fee, depending on the selected tariff plan.
7.4. User shall pay for the License non-cash, by transferring funds to the Company’s settlement account by means of any payment method available on the Platform. All payment information is placed in the User’s Personal Account.
7.5. The End User shall be granted the rights to use the Additional Functionality on advance payment.
7.6. User’s payment of the License by bank cards or electronic money is made through redirection to the website of the payment system Operator.
7.7. Should the payment system Operator have any reason to believe that the transaction is fraudulent, the payment system Operator is entitled to refuse to complete that operation.
7.8. Payment of the issued invoice is made by bank transfer within 3 (three) banking days, in this case, the User’s obligation to pay the fee of the License is considered fulfilled from the moment the corresponding funds are credited to the Company’s settlement account.
7.9. At the Company’s discretion, or as part of advertising and promotional activities, it is possible to provide User with access to the Services of the Platform and/or Subscription for a certain period on a trial basis once. During the trial period, User is provided with such access to the Service to get to know/find out more about its properties.
7.10. The duration of the trial period shall solely be established by the Company, at Its sole discretion, and may vary, depending on the Device, conditions of the Access Key (promo code) and other terms and conditions.
7.11. User may only be provided with the trail period in case of linking His/Her bank card to His/Her Personal Profile (Personal Account).
7.12. Upon expiry of the trial period of use of the Subscription/Services of the Platform, the fee for the access to the Subscription/Services of the Platform is automatically deducted from the User’s bank card, in the amount specified on the Platform for the corresponding type of Subscription/Services.
7.13. By activating the trial period, User thus agrees to pay the fee for such an access. The fee for using the Services within the trial period is included in the User’s payment of the first paid period of using the Services. User has the right to cancel the Subscription after expiry of the trail period in accordance with paragraph 7.25 of this Agreement.
7.14. By pressing the “Pay”/ “Subscribe” button, User thus irrevocably agrees to the cost of acquiring the rights to use the Application
7.15. The Company offers User the following payment methods available on the Platform for acquiring the rights to use the Application: via bank cards of International Payment Systems VISA, Mastercard and MIR; via other payment methods specified in the Application.
7.16. When paying for the rights to use the Application, User is obliged to only use the bank card of which He/She is the owner and in relation to which the appropriate agreement was concluded between the bank and the User. In case the User intentionally uses the bank card of another person, the User shall be independently responsible for the damage, which has been/might be caused to the owner of the said card as a result of the User's above-mentioned actions.
7.17. Upon making a payment, User is required to provide the following information: bank card number, the cardholder's first name and surname, bank card expiry date, CVV code.
7.18. In compliance with the rules of international payment systems, in order to verify the identity and eligibility of the User to use a bank card, the Company may inquire additional information from the User, and the User shall provide photocopies of the two pages of the cardholder’s passport – the page with the photo and the page with the registration of a place of stay, a photocopy of the bank card (in case of paying by card) - the card number has to be covered, except for the last 4 (four) digits.
7.19. To verify the authenticity of the data provided by the User in compliance with paragraph 7.17 of this Agreement, it is possible to reserve money on the User’s corresponding bank account by the issuing bank, in the amount not exceeding 10 (ten) rubles. After successful authentication of the bank card by the issuing bank, the User's bank card is considered linked to the User’s Personal Account, and the “Auto-renewal of Subscription” function is activated. Unlocking of the amount of funds, blocked during the verification of the bank card, is conducted within the time limits established by the issuing bank, and does not depend on the Company.
7.20. The bank card data submitted by User is stored in the systems of the certified online payment Operators in accordance with the rules of the International Payment Systems and PCI DSS certification, which provide the Company with services for accepting Users’ payments. The Company does not store any bank card data.
7.21. The refund of funds for using the License shall only be made in the event of technical malfunction of the Application detected by User, provided that such malfunction has not been removed in a timely manner, and the request for removing the malfunction was received within 10 (ten) calendar days from the time of detecting that malfunction.
7.22. If User has purchased the License to additional Services and wants the refund of the paid funds in accordance with the terms of this Agreement, User may send a corresponding request to Our User’s Support Service at support@sofit.pw .
7.23. If User requests the refund of the paid funds for the License already purchased, the Company shall first offer the exchange for other Services of equal cost. If User declines the exchange and requests the refund of the funds, The Company shall refund the funds minus the amount of the funds for the actually used License time, minus the commission of the payment system, and the Company shall make the refund in full provided that the User’s request for the refund was received by the Company within 14 (fourteen) calendar days from the moment of payment, subject to the terms of this Agreement.
7.24. The Company is entitled to provide Users with discounts on purchase of the access to the Application, including by giving promo-codes. The amount of the discount and the conditions for granting discounts are specified by the Company in special offers placed in the Application, as well as by publishing them in the Company’s advertising-information materials, personal newsletters and notifications.
7.25. The “Auto-renewal of Subscription” function can be deactivated by User in the settings of User’s Personal Profile (Personal Account) in the manner specified in the Application.
7.26. In case of loss/replacement of the bank card, User is obliged to immediately submit the details of the User's new bank card in His/Her Personal Profile (Personal Account). If User takes no actions to replace the bank card, The Company shall deduct the funds for purchase of the access to the Services of the Application by submitting a request for such deduction of the funds, using the data, provided by the User in accordance with paragraph 7.17 of this Agreement.
7.27. Payment within the service “Subscription” is made by deducting the funds from the bank card account on the last day of the paid period. If User has several bank cards, He/She shall define the order (priority) of the cards to charge. The funds shall be deducted from the bank card account, which User has defined as priority card. In case of absence of funds on the prioritized bank card account, the payment shall be made by deducting the funds from the next in order bank card account.
7.28. Deduction of funds from a bank card is not performed in the following cases: the amount of the funds on the bank card account is not sufficient to pay for the “Subscription”; the bank card, indicated by User upon activating the “Subscription”, is blocked; operations on the bank card account are suspended as provided for in the current legislation of the Russian Federation or under the contract on issuing and servicing the bank card.
7.29. Payment for Subscription is made through User’s payment of the subscription fee. The amount of the subscription fee for a 30-day period of use of Subscription is specified in the Service. User agrees to the deduction of the advance payment of the subscription fee in full for the next 30-day period of use of Subscription on the end date of the previous period of use of Subscription. User shall be entitled to refuse to further use Subscription by deactivating the “Auto-renewal of Subscription” function in the settings of User’s Personal Profile (Personal Account). In case of User's refusal to further use of Subscription, the balance of the funds deposited by User as payment of the subscription fee for the use of the corresponding Subscription, shall not be refunded.
7.30. User agrees that if on the last day of the paid period of use of Subscription there is no sufficient amount of funds on the linked bank card to pay for the next period of use of Subscription, the Company is entitled to deduct the funds in the amount of the subscription fee for Subscription from the User’s bank card on any day of month, following the end date of the paid period of use of Subscription upon replenishment of the User’s bank card, or block the User’s access to the corresponding Subscription. From the moment of such blocking, Subscription shall be considered as expired.
7.31. The Company is entitled, at Its discretion, to provide Users with the opportunity to pay for the rights to use the Services of the Application by means of Subscription at special prices as part of package offers with the provisional name “Subscription for 3, 6, 12 months” or other period specified in the Application (“Package Offers”). The amount of the subscription fee for Subscription within Package Offers is specified by the Company in the Application for the corresponding Package Offer. The same rules and limitations are applied to the terms of use of using Subscription within Package Offers as for the use of Subscription specified in the Service. User agrees to the deduction of the advance payment of the subscription fee for the Package Offer in full for the next same period of use on the end date of the previous period of use of the Package Offer, in the amount, specified in the Application for the corresponding Package Offer, applicable for the moment of such deduction.
8. ACCESS TO THE APPLICATION
General Terms8.1. The Company reserves the right to change or modify the Content of the Application at any time, without cause, at Our own discretion and without notice to User. The Company also reserves the right to modify, interrupt or discontinue the operation of part or all of the Application at any time without any additional notice. Therefore, the Company shall not assume any liability or responsibility to Users or thirds parties for any changes, modifications, deletions, cancellations, terminations, interruptions made in the operation of the Application.
8.2. The Company does not warrant that the Application and Services will be available to User on an uninterrupted basis. The Company may from time to time encounter problems in the operation of the equipment, Software of the Application or other malfunctions, therefore the Company may need time to study and remove such malfunctions. Such removal of malfunctions might lead to interruptions, delays or errors in the operation of the Application. The Company reserves the right to change/alter, review, update, suspend, terminate or otherwise change the Application at any time, for any reason and without prior notice. User agrees that the Company will not be responsible or liable for any loss, damage or inconvenience caused by inability of User to access or use the Application during the downtime or termination period in the operation of the Application. Nothing in the terms of this Agreement shall be interpreted as obliging Us to maintain the operation of the Application free of interruptions or malfunctions.
Provision of Updates
8.3. The Company may from time to time provide Updates and require their installation on User’s smartphone or other Device. In this case User is solely responsible for installing the Updates and is fully liable for any loss, damages, loss of profit caused to User by not installing Updates timely or not installing them at all, by incompatibility of the installed Updates and the smartphone/other device. The Company will not provide any technical support or internet connection to User to enable Him/Her to get access to the Services and/or Services Updates.
Deletion of a Personal Profile
8.4. User is entitled at any time to terminate the use of the Application by removing it from His/Her smartphone or other Device.
8.5. In case (1) User violates the terms of this Agreement or when the Company has reason to believe that such violations have been committed; and/or (2) of infringement of the Company's, other Users’ or third parties' intellectual property rights; and/or (3) User commits any actions that are illegal, that infringe lawful rights and interests of the Company, other Users or third parties, or disrupt the operation of the Application or undermine other Users’ access to use the Application; and/or (4) User uses the Services or the Application in such a way that it may lead to legal liability of the Company in the future; and/or (5) it is required by the current legislation or competent government body, the Company is entitled to, without prior notice, at any time, terminate (suspend) User’s access to the Application and Services by deleting such User’s Personal Profile.
Should the above-mentioned circumstances arise, User is prohibited from creating any other Personal Profiles in the Application in the future.
8.6. The Company is also entitled to delete User’s Personal Profile after 180 consecutive calendar days of its inactivity.
8.7. In case User deletes His/Her Personal Profile, all the data and information posted by the User in His/Her Personal Profile and/or connected with Him/Her, will be permanently deleted. The Company disclaims any and all responsibility or liability for deletion of such data and information, as well as for any damages, loss, loss of profit caused to User by such deletion and/or lack of access to the Services as a whole.
9. CONTACT US
9.1. In case You have any questions regarding the terms of this Agreement or the procedures/manner of their execution, You can submit Your question the following way: send an e-mail to support@sofit.pw.9.2. The Company’s employees and representatives shall make every possible effort to respond to Your request within a reasonable period of time.
10. LIABILITY
10.1. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE TO USER OR TO ANY THIRD PARTIES:(1) FOR ANY INDIRECT, INCIDENTAL, UNINTENTIONAL DAMAGE, INCLUDING LOSS OF PROFIT OR LOSS OF DATA, DAMAGE TO HONOR, DIGNITY OR BUSINESS REPUTATION CAUSED BY THE USE OF THE APPLICATION, ITS SERVICES OR OTHER MATERIALS, WHICH USER OR OTHER PARTIES HAVE OBTAINED ACCESS TO THROUGH THE APPLICATION, EVEN IF THE COMPANY HAS WARNED ABOUT OR POINTED TO THE POSSIBILITY OF SUCH DAMAGE; and
(2) FOR OTHER USERS’ ACTIONS, FOR THE USER CONENT POSTED BY USERS, FOR THE GOODS/SERVICES OFFERED BY ANY THIRD PARTIES OR OTHER USERS (EVEN IF THE ACCESS TO THEM WAS PROVIDED THROUGH OUR APPLICATION), WHICH THE USER OBTAINED ACCESS TO; and
(3) in the cases expressly provided for in the terms of this Agreement or by applicable legislation.
10.2. Our liability for anything related to the use of the Application and/or Services, shall be limited to the fullest extent permitted by applicable law.
11. PROCEDURE FOR RESOLVING DISPUTES
11.1. In the event of any disputes or disagreements related to the execution of this Agreement, User and the Company shall make all possible effort to resolve them through negotiations between Them. In case of non-settlement of the disputes through negotiations, disputes shall be subject to resolution in accordance with the procedure provided by the RF current legislation.12. FINAL PROVISIONS
12.1. We may review, supplement or change the terms of this Agreement from time to time. Generally, such changes are not retrospective. In the event of such revision, supplementation or change, the Company shall notify Users 7 calendar days before such modifications come into effect by posting the corresponding information directly in the Application. If User continues to use the Application after implementation of any changes or supplementations to the text of the Agreement, that means User has familiarized Him-/Herself with the changes or supplementations to the Agreement and has fully accepted them without any reservations.12.2. Unless otherwise expressly set out in the terms of this Agreement or unless otherwise expressly required by applicable law, the terms of this Agreement shall be governed by the substantive law of the Russian Federation.
12.3. The Privacy Policy of the Application shall be considered an integral part of this Agreement.
12.4. If one or more terms of this Agreement lose their legal force or are recognized invalid in accordance with applicable law, the rest terms of the Agreement shall not lose their legal force and shall continue to remain in effect as if the terms that were recognized invalid or lost their legal force had never existed at all.
12.5. The access to the Application and its Services is provided “AS-IS”, We do not promise, warrant, mean that the Services and the Application will meet Your requirements, suit Your purposes, meet Your expectations, and, therefore, We do not guarantee any specific results or consequences arising from Your use of the Application and its Services.