End-User License Agreement
By using the service, which is a mobile application Senses (hereinafter referred to as the Application) the user unconditionally agrees to this User Agreement (hereinafter referred to as the Agreement), which regulates the rules of use of the Application. The Agreement defines the procedure of service provision, as well as mutual rights, obligations and the order of relations between the owner of the application - Artem Krivich, hereinafter referred to as "Developer" and a capable natural person over 12 years of age, hereinafter referred to as "User", who has accepted the Agreement.
1. Terms and Definitions
1.1 Administrator is a physical person, a representative of the Developer, who has the authority to correct any information in the application, make decisions on complaints of Internet users. The Administrator is guided in his activity by his inner conviction and is not responsible for the actions of Users, as well as does not carry out mandatory preliminary verification (including moderation) of materials published by Users. Communication with the Administrator is carried out by e-mail at the address - firstname.lastname@example.org.
1.2 Content - a set of text, graphic, video and other materials owned and/or used by the User on a legal basis (User Content added to the Application in accordance with the Agreement).
1.3 The User is a legally capable person who has passed the registration procedure in the Application and received an account (hereinafter referred to as the Account) in the Application. User registration is performed by filling in a special form or through User's Apple or Google accounts.
2. General Provisions
2.1 The current version of the Agreement is always available on the Internet at: https://promo.senses.team/en/agreement.
2.2 By registering in the Application or using its functionality, the User accepts the Agreement (accepts the Agreement) with all its integral parts - annexes.
2.3 Acceptance of the Agreement means unconditional acceptance by the User of all its provisions and annexes, whereby the User understands the essence and content of the provisions of the Agreement, including the obligations imposed on him/her in accordance with the Agreement, until the moment of using the Application.
2.4 By registering in the Application and/or posting Content of any category in the Application, the User recognizes himself/herself as a legally capable natural person or representative of a legal entity responsible for such posting and legal consequences of registering and/or adding Content in the Application.
2.5 In case of disagreement with the Agreement, the User undertakes to immediately stop using the Application on all devices, in all Internet browsers and/or independently delete the Content added by him/her.
2.6 The Developer has the right to unilaterally change the provisions of the Agreement by publishing a new version of the Agreement on the Application page. By continuing to use the Application after the publication of the new edition of the Agreement, the User agrees with the changes made to the Agreement, and the User undertakes to familiarize himself/herself with the new editions of the Agreement.
2.7 The Developer does not participate directly in filling the Application with Content, does not engage authors and/or copyright holders for the specified purposes. The Developer only provides the information space in the Application to the Users to achieve the goals specified in the preamble of the Agreement.
2.8 The User understands and unconditionally agrees that he/she uses the services under the Agreement, uses the Application solely at his/her own risk and that the services are provided to the User on an "as is" and "as available" basis, namely the Developer does not represent or warrant that:
- The Application/services will meet the User's requirements;
- The Application/services will function/provide uninterrupted, timely, secure and error-free services;
- any information obtained by the User as a result of using the Application/Services will be accurate and reliable;
- defects in the operation or functionality of any software within the Application will be corrected within the timeframe expected by the User.
2.9 Communication with the Contractor on the functioning of the Application, as well as on any other issues related to the fulfillment of the parties' obligations under the Agreement, is carried out at the Administrator's e-mail address. On the issues of infringement of intellectual property rights, the response to the right holder's complaint shall be made within 24 (Twenty-four) hours from the moment of receipt of such complaint by the Contractor at the e-mail address specified in this clause. If the right holder's complaint is recognized by the Contractor as justified, the disputed Content is removed from the pages of the Application.
3. Registration in the Application
3.1 Registration in the Application is possible in the following ways:
3.1.1. By filling out a special form in the Application, in which the User specifies his e-mail address, login, password, and his name, subsequently displayed in the Application.
3.1.2 By authorization through the User's Apple or Google account.
3.2 To delete information about the User, his/her Account, the User should address a corresponding request to the Administrator by e-mail.
3.3 For safety reasons, the Developer recommends to log out of the Account by pressing the "Logout" button after the session in the Application is over.
3.4 The User is fully responsible for the security of his/her password, safety of his/her data, and transfer of login and password to third parties. The Developer shall never ask Users to disclose their Account password, full name, bank card number, personal account number and other personal data for purposes not related to the provision of information services to the User in the Application.
3.5 The User is responsible for the security of their Account and is obliged to independently take measures to ensure its security.
3.6 Any data uploaded by the User shall be processed in accordance with the Data Use Policy, which is an integral part of the Agreement. The current version of the Policy is always available in the Application at https://promo.senses.team/en/agreement. By accepting the Agreement, the User also agrees to the provisions of the "Policy".
4.1 The User undertakes to comply with the Agreement, with all its integral parts, as well as the current legislation of the Russian Federation.
4.2 After registration in the Application, the User is given the opportunity to publish Content in the Application, including author's articles, photos and other results of intellectual activity.
4.3 By uploading personal information to the Application in the process of using the Application, including their personal data, the User gives the Administrator unconditional consent to their processing for the purpose of fulfillment of obligations under the Agreement. The Administrator does not collect, systematize and store the User's personal data for personal purposes.
4.4 The User agrees that the data specified by the User during registration, as well as the information posted by the User in the process of using the Application may become publicly available, and all the burden of responsibility for violations related to the data specified by the User in the Application and/or information posted by the User in the Application shall be borne personally by the User.
4.5 The User is prohibited:
4.5.1. Collect information posted in the Application, as well as personal information of other Users, including for the purposes of personnel search and recruitment, posting resumes, debtor search or other similar purposes;
4.5.2 Carry out propaganda or agitation inciting social, racial, national or religious hatred and enmity, propaganda of war, social, racial, national, religious or linguistic superiority;
4.5.3 Post in the Application or transfer to other Users information belonging to third parties with limited access (confidential information), if the User does not have sufficient rights by virtue of law or contract to disclose this information;
4.5.4 Post, reproduce, process, distribute, publish in the Application, make publicly available, transfer, sell or otherwise use the Content in whole or in part without prior authorization of its copyright holder;
4.5.5. Place in the Application text messages, graphic images or other materials, the content of which is offensive to other Users or other persons, messages containing obscene words and expressions, threats, calls for violence, committing illegal acts, antisocial, immoral acts, as well as committing any other actions contrary to the fundamentals of law and order and morality;
4.5.6. Place messages, graphic images or other materials (including those that do not correspond to reality) in the Application, the placement of which causes or may cause damage to the honor, dignity and business reputation of a citizen or the business reputation of a legal entity;
4.5.7. Place pornographic materials or hypertext links to websites containing such materials in the Application;
4.5.8. Register in the Application for the purpose of placing advertising materials and other text messages, when such placement is not agreed with the Administrator and/or is not settled under a separate agreement with the owner of the Application;
4.5.9. send commercial and other advertisements or other types of messages to persons who have not expressed a desire to receive them (SPAM);
4.5.10. Perform actions aimed at destabilization of the Application operation, attempt unauthorized access to the Application management;
4.5.11. Discuss, criticize the actions of the Administrator and/or the owner of the Application, both on the pages of the Application and on third-party websites, in mass media, etc.; 4.5.11.
4.6. By registering on the Application, the User agrees to receive electronic mailings of the Application (including advertising messages) both directly on the Application and to the e-mail address specified by the User during registration. The User may independently set up the possibility to disable such mailings to their e-mail account.
4.7 The User undertakes not to use possible errors in the software part of the Application in order to gain an advantage over other Users of the Application. The User undertakes to notify the Administrator of any errors detected in the Application.
4.8 The User is obliged to follow the Administrator's instructions related to the use of the Application in accordance with the Agreement. If the User fails to comply with the instructions, the Administrator shall have the right to terminate or suspend the User's access to the Application at its discretion.
4.9 The User acknowledges and agrees that the Administrator is not obliged to review information of any kind posted and/or distributed by the User on the Application. The Administrator has the right, but not the obligation, to independently and without notifying the User to select information for publication on the Application.
4.10. The Administrator is not responsible for possible loss or damage of data, as well as other consequences of any nature that may occur due to the User's violation of the Agreement.
4.11. The User realizes and agrees that he/she must independently assess all risks associated with the use of the Application, including the assessment of reliability, completeness or usefulness of the information posted in the Application.
4.12. In case of violation of the terms of the Agreement, the Developer has the right to block the violator's access to the Application for any time (including permanently), to apply other penalties, as well as to recover all losses from the User, incurred by the Contractor, as a result of violation of the Agreement by the User.
4.13. The Developer reserves the right at any time to require the User to confirm the data specified during registration, and to request in this regard supporting documents, the failure to provide which, at the discretion of the Contractor, may be equated to the provision of false information.
4.14. The Developer has the right to modify the Application at its own discretion, including changing or adding sections, changing the design and other elements of the Application, as well as has the right to display advertisements to Users.
4.15. The Developer has the right to block, exclude, delete materials without the User's consent, in cases when they do not meet the requirements of the current legislation and/or the Agreement. Also, the Developer has the right to delete the User's Account in case of systematic violation of the Agreement by the User, without explaining the reasons for deletion to the User.
4.16. Inaction of the Contractor in case of violation of the provisions of the Agreement by the User does not deprive the Contractor of the right to take appropriate actions in defense of its interests later, as well as does not mean the waiver of the Contractor's rights in case of subsequent similar or similar violations.
6. Use of electronic signature
6.1 Any actions of the User using the login and password to the Account or the User's personal e-mail address specified in the Appendix (electronic signature key) confirms the fact that a simple electronic signature has been formed directly by the User. By virtue of Article 5, paragraph 2, taking into account the provisions of Article 9 of the Federal Law of the Russian Federation "On Electronic Signature", a simple electronic signature is an electronic signature which, through the use of codes, passwords or other means, confirms the fact of formation of an electronic signature by a certain person.
6.2 Electronic documents signed with a simple electronic signature are recognized as equivalent to documents on paper signed with a handwritten signature.
6.3 The User undertakes to keep his/her electronic signature confidential (not to pass on his/her login and password or provide access to his/her e-mail to third parties), and bears full responsibility for its safety and individual use, choosing independently the method of their storage and limitation of access to them.
6.4 In case of unauthorized access to the login and password of the Account and/or their e-mail, their loss or disclosure to third parties, the User must immediately notify the Administrator.
7. Intellectual Property
7.1 Initially, all objects in the Application, except for the Content uploaded by Users, including design elements, text, graphics, illustrations, computer programs, databases and other objects are the objects of exclusive and copyrights owned by the Contractor.
7.2 No objects of intellectual property, as well as any Content, may be used without prior written permission of the relevant right holder. The use means all actions of the User listed in part 2 of Article 1270 of the Civil Code of the Russian Federation, regardless of whether the corresponding actions are performed for profit or without such purpose.
7.3 The User is granted a personal non-exclusive and non-transferable right to use the software of the Application, provided that neither the User nor any other persons with the assistance of the User will not copy or modify the software; create programs derived from the software; penetrate the software in order to obtain program codes; sell, assign, lease, transfer to third parties in any other form of rights in relation to the software provided by the User; and 7.4.
7.4 In case of detection of infringement of intellectual property rights in the Application, the relevant right holder undertakes to send an application to the Administrator by e-mail. If the application is submitted by an authorized person, a copy of the document (in written or electronic form) confirming his/her powers (power of attorney or other document confirming the applicant's powers) shall be attached to the application.
7.5 If the Administrator has evidence confirming the legality of placing information containing the object of copyright and (or) related rights in the Application, the Developer shall have the right not to take measures to remove such information at the request of the right holder, and shall send the applicant a corresponding notification with the attachment of the said evidence.
7.6 By uploading Content to the Application, the User guarantees that he/she has sufficient rights to publish it and other types of use necessary for the purposes of the Agreement. In case of any claims from third parties to the Contractor on the fact of posting Content by the User in the Application, the User undertakes to settle such claims by its own efforts and at its own expense, as well as to compensate the Contractor for all costs, fines, expenses incurred in connection with the settlement of such claims.
7.7 The User grants to the Contractor free of charge an exclusive license to publish in the Application, record in the computer memory the Content uploaded by the User to the Application within the framework of the Agreement.
8. Limitation of Liability
8.1 User understands and agrees that all functionality of the Application is provided "as is" and that Developer shall not be liable for any delays, failures, incorrect or untimely delivery, deletion or failure to store any User's personal and other information.
8.2 The User agrees that the Application meets the User's requirements at the time of acceptance of the Agreement and will meet them thereafter, the results that may be obtained using the Application will be accurate and reliable and may be used for any purpose or in any capacity (e.g. to establish and/or confirm any facts).
8.3 The pages of the Application may contain links to other Internet resources. The User hereby agrees that the Developer bears no responsibility for the availability of these resources and for the information posted on them, as well as for any consequences associated with the use of these resources.
8.4 In no event shall the Developer or its representatives be liable to the User or any third party for any indirect, incidental, unintentional damages, including lost profits or lost data, harm to honor, dignity or business reputation, caused in connection with the use of the Application, the contents of the Application or other materials accessed by the User or other persons through the Application, even if the Developer has warned or indicated the possibility of such damage.
8.5 In any case, the Developer's liability in accordance with Article 15 of the Civil Code of the Russian Federation is limited to 10,000 (Ten Thousand) rubles of the Russian Federation and shall be imposed on it if it is guilty in its actions.
9. Final provisions
9.1 All disagreements or disputes that may arise between the parties to the Agreement shall be resolved in a pre-trial order through negotiations, sending letters of claim. The term of response to the claim is 10 (Ten) working days. Claims of the User are accepted and considered by the Contractor only in writing.
9.2 If for one or more reasons one or more provisions of the Agreement are recognized invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.
9.3 If for any reason an agreement is not reached in the course of pre-trial settlement, the dispute arising from the Agreement shall be considered in the Arbitration Court of St. Petersburg and the Leningrad Region.
9.4 The law of the Russian Federation shall apply to the relations between the parties under the Agreement. Acceptance of the Agreement by a foreign User means that the text of the Agreement is clear to him/her and does not need translation. In case of need for translation, foreign Users undertake to make such translation into the required language by their own efforts and at their own expense.
9.5 An integral part of the Agreement is the "Data Use Policy", link to the current version: https://promo.senses.team/en/privacy.