1. GENERAL PROVISIONS
1.1. This Agreement (hereinafter referred to as the "Agreement") regulates the relationship between the developer of the mobile application "Floor 12 Apps" (hereinafter referred to as the "Developer") and by a person who has properly acceded to this Agreement (hereinafter referred to as the "User") for obtaining the right to use the mobile application the rights of which belong to the developer (hereinafter referred to as the " Application").
The user of the mobile application is considered to be any physical and / or legal entity that has ever accessed the Annex, and has the legal and legal capacity to accept this Agreement.
1.2. The application is a program developed for mobile devices running operating systems "iOS" and "Android", including tablet computers (hereinafter referred to as "mobile devices").
1.3. This Agreement is an open and public document.
1.4. Installation of the application on the user's mobile device is an acceptance and confirmation of the User's consent to the terms of this Agreement.
1.5. Accepting the terms of this Agreement, the User confirms his consent to the processing by the Developer of his data, including personal data, entered by the user into the Application.
1.6. The terms of this Agreement is a public offer. The Developer grants the User the right to access and use the Application on the terms of this Agreement.
1.7. This Agreement may be amended and / or supplemented by the Developer unilaterally, without any special notice. At the same time, continued use of the Application after making changes and / or additions to this Agreement means the User's consent to such changes and / or additions.
1.8. Accepting the terms of this Agreement, the User confirms his legal and legal capacity, confirms the reliability of his personal data and assumes all responsibility for their accuracy, completeness and reliability.
1.9. The user assumes all possible risks, including material ones, associated with actions to use the Application.
1.10. The developer is not liable for errors, failures, failures of the User's data and other shortcomings and violations in the Application, as well as their consequences for the User, including for real damages, lost profits, losses, moral damage, damage to honor, dignity and business reputation.
2. RIGHTS AND OBLIGATIONS OF THE USER
2.1. The User undertakes to properly comply with the terms of this Agreement.
2.2. The User has the right to use the Application solely for personal use in accordance with the terms of this Agreement.
2.3. The User agrees not to use the Application in violation of the rights and legitimate interests of the Developer, other rightholders, third parties, and this Agreement.
2.4. The User undertakes to take appropriate measures to ensure the safety of his mobile device and bears personal responsibility in the event of access to his mobile device by third parties.
2.5. The user is prohibited from independently, or with the involvement of third parties, to decompile the Application, and also reverse engineer the Applications.
2.6. The user is personally responsible for using the Application by any means not expressly permitted by this Agreement.
2.7. The user does not have the right to perform any unauthorized actions with the Application.
2.8. Installing the Application in a mobile device is an acceptance and confirmation of compliance with the terms of this Agreement. In case of disagreement with the terms of this Agreement, the use of the Application by the User must be terminated immediately.
2.9. The user is given the opportunity to download and use the full functionality of the Application for free.
2.10. The User agrees not to use the Application for:
- placement, transfer or any other way of publishing materials that are unlawful, harmful, threatening, offending morality, defamatory, violating copyrights, propagandizing hatred and / or discrimination against people on racial, ethnic, gender, social status;
- violation of the rights of minors and / or harm them in any form;
- infringement of minority rights;
- impersonating another person or representative of the organization and / or community without sufficient rights, including for Developer, Application Developer, administrator or moderator of the Application or other Internet services, sites, forums, and misleading users Applications;
- the placement, transfer or any other way of publishing materials that are unreliable, which the User has no right to make publicly available by law or according to any contractual relationship;
- the placement, transfer or any other way of publishing materials that affect any patent, trademark, trade secret, copyright or other proprietary rights and / or copyrights and related rights of a third party;
- placement of any advertising information, multilevel (network) marketing (the MLM), systems of Internet earnings and e-mail-businesses schemes, "pyramid schemes," "chain letters", use applications for promotional activities;
- upload, transmit or otherwise publish any material that contains viruses or other computer codes, files or programs designed to infringe, destroy or limit the functionality of any computer or telecommunications equipment; or programs for unauthorized access, as well as serial numbers to commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as placing links to the above information;
- deliberate or unintentional violation of any local, state or international legislation;
- sending, sending emails to someone's address, containing rough and offensive expressions and suggestions;
- placement of pornographic materials;
- publication, reference or other use of information that contains instructions for the implementation of actions aimed at violating this Agreement or legislation;
- the implementation of other illegal actions that violate the rights and interests of third parties or mislead other Internet users.
2.12. The user assumes all possible risks, including material ones, associated with actions to use the Application.
2.13. The user agrees to the Developer to process his personal data to improve the service, application functionality and statistics collection.
3. RIGHTS AND OBLIGATIONS OF THE DEVELOPER
3.1. The developer has the right to transfer rights and obligations under this Agreement to third parties for the purpose of executing this Agreement without the User's additional consent.
3.2. The developer has the right to send information in any way to the User about the functioning of the Program, including sending advertising, information and other messages to the e-mail address or phone number specified by the user, or to post relevant information in the application itself.
3.3. The developer has the right to provide users with paid and free services. On the conditions for the provision of paid services The developer informs the user by placing in the Application relevant information about the service (name of the service, its cost, form and payment procedure).
3.4. The developer has the right to block the User's access to the Application or its part in case of detection of violations by the User of this Agreement.
3.5. The developer has the right to edit or delete materials published by the User, if they do not comply with the terms of these Rules, harm the Developer or third parties;
3.6. The developer has the right to process the user's personal data.
3.7. The developer has the right to limit, suspend or terminate the use of the Application without prior notice without compensation to the User of the losses incurred, including if the Developer considers the data that the User or his affiliates (intentionally or unintentionally):
- When using the application, they violate the law, the provisions of this Agreement or the rights and legitimate interests of third parties;
- Use the Application in bad faith, excessive or not in accordance with its purpose;
- Harm the Application or its operability;
- attempt unauthorized access to the application and information contained in it;
- pose a threat of failure of technical and / or software tools of the developer and / or third parties.
3.8. The developer has the right to limit, suspend or terminate the use of the Application in the event that an appropriate decision of the state or other authorized body is taken, or in other cases provided for by the legislation of Ukraine and the International rules / laws.
4. GUARANTEES AND RESPONSIBILITIES OF THE PARTIES
4.1. The User guarantees that he will not take any action aimed at causing harm to the Developer, cellular mobile operators, rightholders or other persons.
4.2. In case of violation of the rules of application use, user duties and prohibitions, the User undertakes to compensate the Developer for the losses caused by such actions in full.
4.3. The user bears full personal responsibility for unauthorized third party access to the Application installed on the user's mobile device.
4.4. In the event of loss, deletion or damage caused by the User to the Application as a result of the user's actions / inactivity, the User is solely responsible.
4.5. Recognizing the international nature of the Internet, the User assumes responsibility for compliance with all local rules and laws relating to user actions on the network.
4.6. The User of the Application undertakes not to take any actions that may be considered as a violation of the legislation of Ukraine or norms of international law, including in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to a violation of the normal operation of the Annex.
5. LINKS TO THIRD PARTY SITES
5.1. The application may contain links or provide access to other sites on the Internet (third party sites) and content placed on these sites resulting from the intellectual activity of third parties. The specified sites and the content placed on them are not checked by the Developer for compliance with the requirements of the legislation.
5.2. The Company is not responsible for any information or content posted on the websites of third parties to which the User obtains access through the Application, including, including, any opinions or statements expressed on the websites of third parties.
5.3. The User confirms that from the moment of the User's transition through the link contained in the Application to the site of a third party, the relationship between the Developer and the User is terminated, this Agreement is not further extended to the User, and the Developer is not responsible for the User's use of the content, the legitimacy of such use and quality content posted on third-party sites.
6. FINAL PROVISIONS
6.1. In the event of any disputes or disagreements arising in connection with the implementation of this Agreement, the User and the Developer will make every effort to resolve them through negotiation.
6.2. None of the Parties to the Agreement shall be liable for failure to perform or improper performance of obligations under this Agreement, if proper performance proved impossible due to force majeure.
6.3. This Agreement shall enter into force for the User from the moment the Application is installed into the mobile device and shall be valid for an unlimited period of time during the entire period of use by the User of the Application.
6.4. This Agreement is made in Russian and English.
6.5. If any provision of this Agreement is deemed invalid, this does not affect the validity or applicability of the remaining provisions of this Agreement.
6.6. The User confirms that he is acquainted with all the points of this Agreement and considers them understandable and accepts their conditions.