USER AGREEMENT FOR THE APPLICATION- DEFINITION OF TERMS
Throughout this Agreement, the following terms are given the following meaning:
"Company," "We," "Our," "Us," "We" or any other similar derivation (depending on the context) means Perfect Dates: Ideas for dates
"App Content" means all items placed by Company and/or third parties (with Company's permission) on the App, including design elements, text, graphics, images, illustrations, virtual objects, videos, programs, music, sounds, information, notifications and any other similar items, 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 App for download by the User. This App is available for download from the App Store.
"Application Software" means 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", "you" or any other similar derivatives (as the context requires) means a person who (1) uses the Application and has accessed the Services; and (2) has agreed to comply with the rules of use of the Application set forth in the text of this Agreement by creating a personal account (cabinet).
"App" means the following app: Perfect Dates: Ideas for dates, which 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. The following virtual goods/services/products are available to the User:
In-app subscription
- ADHERENCE TO THE AGREEMENT
General terms- This User Agreement (hereinafter referred to as the "Agreement") defines the rules and procedure for using the Application, the rights and obligations of Users, and regulates the behavior of Users when accessing the Application and Services.
- The User accepts the terms of this Agreement by creating a personal account.
- This Agreement is binding on its parties (i.e. the Company and the User). The User may assign its rights under this Agreement only after obtaining prior written consent from the Company.
- 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- If the User accesses the Application and/or its Services via the Platform or social networks (e.g. Facebook, Vkontakte, Odnoklassniki), the User is automatically deemed to have accepted the terms and conditions of the user agreement of such Platform or social network.
- The User acknowledges that its agreement with its mobile network provider (the "Provider") will apply to the User's use of the Application. The User further 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 in connection with 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.
- 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.
- APPLICATION USERS
General criteria and age- Users must meet the following criteria (cumulatively) to use the Application:
- be at least 4 years old; and
- not be restricted in their right of access to the Application and Services on the basis of a court decision that has entered into legal force, or in cases stipulated by applicable law or the terms of this Agreement.
Creating a personal account3.2 In order to access the Services, Users need to create a personal account. It is impossible to use the Services without registration (i.e. creating a personal account (cabinet)). Upon completion of registration, the User receives a unique login and password to enter their personal account (cabinet).
To create a personal account, the User must provide the following information about himself:
Name, cell phone, mail
4. INTELLECTUAL PROPERTYUser license- The 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. User obtains said User License ONLY upon compliance with ALL of the terms and conditions of this Agreement.
- The User License terminates automatically when the Application is deleted from User's smartphone or other device. Nothing in the text of this Agreement shall be construed as entitling User to any other license to use intellectual property owned or held by the Company other than that granted above.
Company intellectual property- 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 provided for by the current civil legislation of the Russian Federation, as well as international treaties and conventions in the field of intellectual property protection.
- 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.
- 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 whole or in part) and/or the Application Software.
- The Company owns all rights with respect to trademarks, trade (business) names, brands, logos registered in its name ("Trademarks"). Such 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.
- APPLICATION PROCEDURE
General terms- The User undertakes to comply with the following rules when using the Application:
- comply with all obligations undertaken by the User in connection with the accession to this Agreement; and
- provide true data about himself/herself to create a personal account (cabinet); and
- 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
- inform the Company about theft of logins, passwords or any other access keys to the User's personal account (cabinet); and
- not to provide third parties with access to his/her account (cabinet) and/or logins, passwords or other access keys; and
- not to perform any actions (with or without the use of automation tools) aimed at collecting any personal data of other Users; and
- not take any action or assist any third party in performing actions aimed at disrupting the Application and/or Services, including, but not limited to (a) downloading viruses or malicious code; (b) perform actions that may lead to 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.
- not take any other action that is illegal, fraudulent, discriminatory or misleading.
Feedback on the app- 5.10.Each User shall from time to time have the right (but not the obligation) to leave or submit ideas, feedback, suggestions or projects aimed at improving the Application or the quality of the Services provided. Such feedback may be submitted by the User in the following manner:
Send an e-mail to go@senses.team- 5.11.If you submit such an idea, feedback, suggestion or project, you automatically grant us a non-exclusive, royalty-free, worldwide, transferable and sublicensable license to store, use, distribute, disseminate, modify, modify, run, copy, publicly perform or display, translate your ideas, feedback, suggestions or projects and to create derivative works based on them.
- 5.12.Any such information provided to the Company is automatically recognized as non-confidential.
- IN-APP ADVERTISING
Advertising by the company- The Company may from time to time post any advertising or marketing materials.
Placement of advertisements by third parties- 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 GOODS/SERVICES PROMOTED IN SUCH ADVERTISEMENTS; and (2) FOR ANY DAMAGES, LOSSES OR DAMAGE incurred or suffered by the USER as a result of reading such advertisements or using the goods/services promoted in the third party advertisements.
- In the event of a link to another website through a third party Advertisement, the Company cannot guarantee that such website is safe for the User and/or his/her computer. Nothing in the text of this Agreement shall be construed as an assurance, encouragement, recommendation or inducement to the User to use any Third Party Advertising, to visit any Third Party websites, or to try, purchase, use any Third Party goods/services.
- IN-APP PAYMENT
- The app does not provide the option to purchase any goods/services through it.
- IN-APP PURCHASES
General terms- The User may from time to time be asked to make certain In-app purchases - making such purchases is the exclusive right, but not the obligation, of the User. In-app purchases made by the User are not subject to expiration/expiration dates, such purchases (1) cannot be used outside of the operation of the App (i.e. in real life), and (2) cannot be exchanged by the Company and/or third parties for any real goods/services, and (3) cannot be exchanged for any other In-app purchases made by the User within this App or any other mobile applications (unless otherwise provided for by the functionality of this App).
- User is hereby deemed to have been duly notified that its purchase of an In-app purchase for a fee does not give it any ownership right to such In-app purchase. Instead, User receives a limited, non-transferable, non-sublicensable, non-sublicensable license to use the purchased In-app purchase as part of the operation of the Application and solely for private (non-commercial) purposes.
- The Company does not and is not obliged to monitor Users for the functionality of In-app purchases. The User has the right to notify the Company at any time that the In-app purchase made by the User does not work and/or its downloading to the User's smartphone or other device did not take place in full. In the event that an In-app purchase made by you does not work or has not downloaded and it is not possible to replace or correct it, the Company undertakes to take the following actions:Log in to reportaproblem.apple.com.
Click "I need" and then select "Request a refund."Select the reason you want a refund, and then click"Next."Select an app, subscription, or other item, and then tap"Submit." If you've been charged for a subscription that you no longer need, you can also cancel the subscription.- If the User is under 18 years of age and has made an In-app purchase, in such case the Company assumes that the User has obtained all prior necessary authorizations from his/her legal representatives (parents, guardians) to make the purchase.
- If you have any questions regarding the payment for an In-app purchase, such questions should be addressed directly to the Platform through which such purchase was made.
- The User is deprived of the right to refuse payment for an In-app purchase from the moment it is downloaded to the User's smartphone and/or any other device.
Payment procedure- Payment for an In-app purchase is made using real currency (money) and is made through the Platform.
- All transactions made by the User for the In-app purchase are subject to the rules of the User Agreement and other license agreements of the Platform used to pay for such In-app purchase. The User is hereby deemed to have been duly notified that billing (invoicing) and the transactions themselves are solely performed by the Platform. The Company does not have access to the list of the User's transactions for any In-app purchase. If the User intends to get acquainted with the terms and conditions of the User Agreement and license agreements of the Platform in more detail, he/she should follow the following link:
App Store:
https://www.apple.com/legal/internet-services/itunes/us/terms.htmlSubscription rules- Subscription in the Annex may be monthly, quarterly or annual.
The subscription is subject to AUTOMATIC UPDATE until the subscription is canceled,
UNLESS CANCELED BY THE USER. The Company will notify you in advance of the expiration of the subscription, as well as the terms of its renewal and payment procedure.
For the first 7 days the subscription is free of charge for Users. After the expiration of this period, the User gets access to the content only if the subscription is paid in advance.
- 8.10.If the subscription payment is overdue, the User's access is blocked until the subscription is paid in full.
The User has the right to subscribe at any time by performing the following actions:
After creating an account, click the "Start Test Period" button. The subscription will be automatically debited from the client's card after the test period of 7 (seven) days.
- 8.11.If the User cancels the subscription during the free (trial) period, such User may immediately lose access to the content. If the User cancels an already paid subscription, the User is entitled to a pro rata refund of the amounts previously paid for the subscription.
- 8.12.The User has the right to cancel the subscription at any time by performing the following actions:
- 8.13.Open the AppStore application, go to your account, select Subscriptions, select the desired subscription, click Cancel Subscription.
- APPLICATION ACCESS
General terms- The Company reserves the right to change or modify the Application 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 made to the Application.
- 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 problems, and the Company may need 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 shall be construed to obligate Us to keep the Application running without interruption or disruption.
Providing updates- 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 responsible for any loss, loss, damage or lost profits caused to the User by 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 access the Services and/or Updates.
Account Deletion- The User has the right to stop using the Application at any time by deleting it from his/her smartphone or other device.
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 possibility of using the Application by other Users; and/or (4) the User uses the Services or the Application in a manner that may entail legal liability for the Company, other Users or third parties.
by other Users; and/or (4) the User uses the Services or the Application in a way that may entail legal liability for the Company in the future; and/or (5) if required by applicable law or a competent governmental authority, the Company has the right, without prior notice, to terminate (stop) the User's access to the Application and Services at any time by deleting the User's account.
Upon occurrence of the circumstances set forth in the previous paragraph, the User is prohibited from creating any other accounts in the Application in the future.
- 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 irretrievably deleted. The Company does not assume any responsibility for the deletion of such data and information, nor for any harm, damage, loss or loss of profit caused to the User by such deletion and/or lack of access to the Services in general.
In addition, the User is not entitled to claim any reimbursement for previously paid subscriptions.
Consequences of account deletion for completed in-app purchases- Regardless of whose initiative caused the deletion of the User's personal account, the Company is not obliged to reimburse or compensate the User for In-app purchases made earlier. The User hereby confirms that he/she will not demand and has no right to demand any reimbursement or money from the Company for unused In-app purchases.
- ASK A QUESTION
- 10.1.If you have any questions regarding the terms of this Agreement or the manner/method of performance, you may address your question to us in the following manner:
Send a letter to the mail
go@senses.team- Employees and representatives of the Company will use their best efforts to respond to your request within a reasonable period of time.LIABILITY
- 11.1.IN NO EVENT SHALL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR TO ANY THIRD PARTY:
- FOR ANY CONSEQUENTIAL, INCIDENTAL, UNINTENTIONAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, INJURY TO HONOR, DIGNITY, OR GOODWILL, RESULTING FROM THE USE OF THE APP, SERVICES, OR OTHER MATERIALS ACCESSED BY THE USER OR OTHERS THROUGH THE APP, EVEN IF THE COMPANY HAS WARNED OR INDICATED THE POSSIBILITY OF SUCH DAMAGES; и
- FOR THE ACTIONS OF OTHER USERS, USER-GENERATED CONTENT POSTED BY USERS, OR GOODS/SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS (EVEN IF ACCESSED THROUGH OUR APP) TO WHICH THE USER HAS GAINED ACCESS; и
- in cases expressly provided for by the terms of this Agreement or by a provision of applicable law.
- Our liability for anything related to the use of the Application and/or Services is limited to the extent permitted by applicable law.
- DISPUTE RESOLUTION PROCEDURE
- In case 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. In case the disputes are not resolved through negotiations, the disputes shall be resolved in accordance with the procedure established by the current legislation of the Russian Federation.
- FINAL PROVISIONS
- 13.1.We may from time to time revise, supplement or modify the terms of this Agreement. Such changes are generally not retrospective.
- 13.2.THE COMPANY DOES NOT ASSUME ANY OBLIGATION TO NOTIFY USERS OF ANY PENDING OR EXISTING CHANGES OF THE TEXT OF THE AGREEMENT. By adhering to the terms of this Agreement, the User also undertakes to periodically review the terms of this Agreement for changes or amendments.
- 13.3.If the User continues to use the Application after the changes or amendments to the Agreement have been made, it means that the User is familiar with the changes or amendments and has accepted them in full without any objection.
- 13.4.Unless otherwise expressly stated in the provisions of this Agreement or directly arising from the norms of the current legislation, the substantive law of the Russian Federation shall apply to the terms and conditions of this Agreement.
- 13.5.If one or more of the terms of this Agreement has lost its legal force or is recognized as invalid under applicable law, the remaining terms of the Agreement shall not lose their force and shall continue to apply as if the invalidated or invalidated term did not exist at all.
- 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 be suitable for your needs, goals, expectations, and therefore do not guarantee any specific result or consequence as a result of your use of the Application and its Services.