If you download, upload, copy or otherwise use the application Ready for Sky or part of it, then you acknowledge that you have read, understood, agree and accept the following User agreement, agree to comply with it and be responsible for its violation.. The terms of the User Agreement and key documents (clause 2.1 below) are essential and mandatory.
This User Agreement (hereinafter referred to as the “Agreement”) governs the relationship between the Ready for Sky Singapore LLP (hereinafter referred to as the “Copyright Holder”) and you, the end user of the applications, websites and other resources (hereinafter referred to as the “User”), individually referred to as the “Party”, and collectively referred to as the “Parties”.
This Agreement applies to all resources of the Ready for Sky application, except those, in respect of which separate legal documents are established.
1.1. Account means the User account created by the User and owned by Ready for Sky LLP Singapore, which is a set of data stored on the resources about the User, necessary for his authorization (authentication) and access to information about the User, settings, statistics and other similar information.
1.2. Additional features of the Application (Additional features) mean software capabilities of the Application beyond the basic functionality of the Application, access to which the User purchases for a fee in accordance with this Agreement. These Additional features include, but are not limited to, or may apply in the future: storage of user data (recipes, settings of specific types of appliances, operating modes, logs of devices, calendars, schedules, color/sound transitions, conditions for sending commands from one device to another, voice commands, basket of orders, favorite, etc.), provision of these data at the user's request (upload to the user’s computer), updates, advanced functionality and improved user status in the Application for a certain period of time (for example, “premium account”).
1.3. Application means Ready for Sky, R4S Gateway, Ready for Sky Guard, R4S Home, which is a computer program and includes related resources, as well as appropriate additions and updates (patches).
1.4. Resources mean software, applications, websites, databases and other resources, including, but not limited to, design elements, text, graphics, illustrations, videos, music, sounds and other objects and their collections. All images shown with recipes in the application are for illustrative purposes only. Dishes cooked with your appliances may look different.
1.5. Application elements mean a set of objects, things, elements used in the Application, access to which is provided to the User in the process of using the Application free of charge, unless otherwise initially established. The elements of the application do not include additional capabilities, access to which is regulated separately.
1.6. Client part of the Application means the software necessary for the use of the Application by the User and to be installed on the technical device of the User.
1.7. User means an individual with the necessary legal capacity to enter into and perform this Agreement.
1.8. Store means resources of the Copyright Holder located at:
https://itunes.apple.com/ru/app/ready-for-sky-guard/id1184869426?mt=8Either another electronic resource of the company or third parties represented by it, through which the User can gain access to the Additional features of the Application and other paid functions.
2.2. Time of the Agreement conclusion. This Agreement is concluded when the User accepts the terms of the Agreement and the Key Documents. The actual use of the Application by the User also means the acceptance of the terms of the Agreement terms and the Key Documents and is equal to the conclusion of this Agreement. The User assumes the obligation to comply with the terms of the Agreement and the Key documents as of the date of execution of the Agreement.
3.1. Access to the Application. In accordance with this Agreement the Copyright Holder grants to the User the right to use the Application’s resources to the extent by ways for the term and within the territory specified in the Agreement, provided that the User observes the terms of the Agreement and the Key Documents.
3.2. Application usage order. The User has the right to use the resources of the Application within the basic functionality and the period of free use on a gratuitous basis and if initially no fee is established for their purchase and use. The User also has the right to gain access to the Additional features on a fee basis. The scope of the rights granted to the User is defined in section 4 of this Agreement.
3.3. Copyright Holder’s role. Operation and maintenance of the Application resources as well as the provision to the User of the rights to use the resources of the Application is performed exclusively by the Copyright Holder.
3.4. Territory. At his own discretion, the Copyright Holder has the right to determine the territory on which the Application resources are operated and accessed.
4.1. User rights. The User has the right to use the resources of the Application within the limits allowed by the Copyright Holder, including:
4. 1. 1. Reproduce the Application by installing it on a personal computer (smartphone, tablet, TV box, clock) or other device that has the necessary technical characteristics, or in any other acceptable way;
4. 1. 2. Use the Application with mandatory observance of the terms of the Key Documents, for which the User is entitled to:
(a) create and delete the Account in accordance with the Agreement;
(b) use the basic functional software capabilities of the Application and/or its elements on a gratuitous basis, if initially the payment is not established for the purchase and use of the Application within the period of gratuitous use, if applicable;
(c) receive access and use the Additional features provided that the fee established by the Copyright Holder is paid;
(d) perform other actions authorized by the Copyright Holder.
4.2. Technical conditions of the Application usage. To use the Application, the User needs to independently install the Client part of the Application on a device having the necessary technical characteristics depending on the technical features of the Application. The Client part of the Application may be distributed by the Copyright Holder and/or its authorized persons. The Basic Client part of the Application is provided to the User on a gratuitous basis, except for certain elements and resources that are initially offered for a fee.
In accordance with the established technical requirements the User’s usage of certain resources and elements of the Application is possible exclusively in an interactive (online) mode, and therefore the User needs to provide an Internet connection.
In some cases, particularly on iOS and Android platforms the User may authorize through a third party system if this is expressly permitted in the Application.
4.3. Limitations. The User is not entitled to:
4.3.1. Distribute the Application, its elements, resources and/or their copies thereof for commercial or non-commercial purposes, either by distribution on material media or by posting on the Internet for access or download by certain persons or an unlimited number of persons.
4.3.2. Translate the Application, its elements, resources and/or their copies thereof into other languages without the consent of the Copyright Holder.
4.3.3. Distribute, for commercial or non-commercial purposes, audio-visual elements, images, as well as other intellectual property objects present in the Application (except when permitted by the Copyright Holder).
4.3.4. Distribute, for commercial or non-commercial purposes, the elements of the Application and Additional features.
4.3.5. Transfer rights regarding the Application resources including the Additional features for commercial or non-commercial purposes to third parties including by transferring the Account, entering into a contract or otherwise.
4.3.6. Use the Account of another User.
4.3.7. Alienate and otherwise transfer the Account, acquire the Account of another User, including through an exchange or gift.
4.3.8. Use automated scripts for information collection or for another kind of interaction with the Application resources.
4.3.9. Use the contact information of other Users to send unsolicited information (spam).
4.3.10. Post on the Application resources the objects of intellectual property without the consent of their copyright holders.
4.3.11. Post personal information of third parties on the Application resources without their consent, including home addresses, phones and passport data.
4.3.12. Post advertisements, commercial offers, promotional and any other intrusive information on the Application’s resources, except for cases, authorized by the Copyright Holder.
4.3.13. Post on the Application resources materials that offend or humiliate the honour and dignity of other Users or third parties, as well as links to such materials.
4.3.14. Post and in other ways use on the Application resources swear, abusive and offensive words and phrases, including using them in the User name (and the so-called “nickname”).
4.3.15. Post malicious programs or links to resources that contain or may contain such programs.
4.3.16. Post on the resources of the Application materials of pornographic or erotic nature, as well as links to them.
4.3.17. Post on the Application resources threats as well as calls for violence and other unlawful acts.
4.3.18. Post on the resources of the Application materials with elements of violence, cruelty, racial, ethnic or inter-religious strife, as well as links to such materials.
4.3.19. Promote and demonstrate on the Application resources the Nazi, extremist or other equated attributes, symbols and other objects.
4.3.20. Promote on the Application resources criminal and other illegal activities, as well as to post manuals on the commission of unlawful acts.
4.3.21. Post on the resources of the Application any other information that, in the opinion of the Copyright Holder, violates the law, morality and ethics or is undesirable.
4.3.22. Commit criminal and other illegal actions.
4.3.23. Use the resources of the Application in ways not provided for in this Agreement and beyond the normal process of use.
5.1. The Copyright Holder undertakes to:
5.1.1. Provide the User with the opportunity to participate (install) in the Application and use the resources of the Application on the terms, set forth in this Agreement, provided that the User observes the Agreement and the Key Documents.
5. 1. 2. Provide the User with the opportunity to receive (download) the Client part of the Application.
5. 1. 3. Notify the User of changes in the terms of this Agreement in accordance with the clause 12.2.
6.1. The Copyright Holder has the right to:
6.1.1. At any time, unilaterally restrict, expand, supplement, modify and otherwise change the resources of the Application, including any elements and parts, without prior notice to the User, including by changing the Key documents.
Modification of the Application resources and their elements can be performed through updates by standard means or by creating and installing new parts of the software (patches). Their goal may be, for instance, improving or changing the process of using the Application or adding new features to the Application, which may lead to the removal or suspension of access to certain elements of the Application.
The User understands and hereby acknowledges that these actions are an integral part of the process of creating and operating the Application and the operation of the Application resources, as well as consents to the performance of such actions by the Copyright Holder without prior notice to the User.
6.1.2. Manage the resources and processes of the Application, the technical and other characteristics of its elements and Additional features exclusively at his own discretion; suspend or modify the process of using the Application without prior notice to the User.
6.1.3. At any time, modify or delete any information posted by the User in the Application, including statements and announcements of the User in chats or in the forum.
6.1.4. In accordance with this Agreement limit or terminate the User’s access to the resources of the Application, including the Account in particular if the User violates the terms of the Agreement or the Key Documents. When this right is exercised, the Copyright Holder is not obliged to provide the User or other persons with evidence that the User violates the terms of the Agreement, as a result of which the access will be terminated or restricted to the User.
6.1.5. Comment, warn, notify, inform the Users about non-compliance with the terms of the Agreement or the Key Documents. The User is obliged to immediately follow the instructions of the Copyright Holder, received during the use of the Application and its resources.
6.1.6. At any time, completely discontinue the provision of access to the Application or its Additional features, subject to the provisions of this Agreement.
7.1. Legal capacity. The User hereby confirms that he has sufficient legal capacity to enter into this Agreement. If the User is under legal age (18 years) or is completely or partially incapable under the law, the User confirms that he has received permission from his parents or legal representatives to conclude this Agreement in the form prescribed by the law.
7.2. Absence of medical contraindications. The User agrees that the Application, its resources and/or its elements may contain sound and video effects that, in certain circumstances, may cause an aggravation of epileptic and other neurological disorders in persons prone to them, and confirms that he does not suffer from these disorders, and otherwise he shall not use the Application.
7.3. Reasonable use of the Application. The user understands and agrees that a regular long-term sitting at a computer or other technical device (including but not limited to a phone, tablet, clock, TV-tuner) which is the source of electromagnetic waves may cause various health disorders, as well as possible incompatibility with pacemakers, hearing aids and other similar equipment. The user guarantees that he will use the Application exclusively for a reasonable period of time with breaks for rest and prevention of health disorders.
7.4. Use of third-party materials. The application and its resources may contain links to websites, programs, photo, video, audio, graphic and text materials owned by third parties. The User understands and hereby agrees that placing links to websites or materials of third parties in the Application does not mean that the Copyright Holder supports, approves or recommends the websites or materials mentioned. The User can use third- party sites, software and materials entirely at his own risk, including during the use of the Application.
7.5. Statutory limitations. The User is not entitled to use the Application if the legislation of the territory of its location prohibits participation in such kind of Applications or imposes other, including age, restrictions on the use of such Applications. In this case, the User is liable for the use of the Application.
7.6. User materials. The User understands and agrees that he is solely responsible for any materials or other information that he posts in the Application or otherwise reports to other users or brings to public knowledge.
8.1. Disclaimer of liability for the User or third-party actions. The Copyright Holder is not liable for:
8.1.1. Illegal and other actions of the User or third parties preventing the use of the Application by other users.
8.1.2. The behaviour and statements of the User in the Application or on its resources, including disrespectful attitude to other users.
8.1.3. The User’s loss of access to the Account created by him, including the loss of login, password or other necessary information.
8.1.4. Incomplete, inaccurate or incorrect indication by the User of the data when creating the Account.
8.1.5. The User’s lack of access to the Internet and the quality of Internet service providers.
8.1.6. Third-party materials posted in the Application or on third-party websites accessible via links from the Application.
8.1.7. Illegal and other actions of the User or third parties involving the use of the Application and / or appliances controlled through it if such actions result in violation of the rights and legitimate interests of third parties.
8.2. Lack of warranties. The User understands and agrees that the Copyright Holder provides the Application on an “as is” basis and does not provide warranties with respect to the Application, except as expressly provided in this Agreement or applicable law. The Copyright Holder does not guarantee that:
8.2.1. The Application will meet the subjective requirements and expectations of the User.
8.2.2. The processes in the Application will proceed continuously, quickly, reliably, without technical failures and errors.
8.2.3. The results which can be obtained using the Application will be error-free and correct.
8.2.4. The quality of the Application, its Additional features, as well as the information obtained during its use will meet the User’s expectations.
8.2.5. The Application will be available for use 24 hours a day, at a certain time or for a certain period.
8.3. Limitation of liability. The Copyright Holder is not liable for direct or indirect damage, as well as the lost profit of the User or third parties as a result of:
8.3.1. The use or inability to use the Application.
8.3.2. Statements or behaviour of third parties in the Application and/or on its resources.Under any circumstances, the liability of the Copyright Holder to the User is limited to the amount of payments received by the Copyright Holder from the User until the circumstances leading to the occurrence of the Copyright Holder's liability arise.
8.4. Force majeure and actions of third parties. The Parties are exempted from liability for full or partial non-compliance with the obligations under this Agreement if such failure is a result of force majeure, including riots, prohibitive acts of authorities, natural disasters, fires, accidents, telecommunication and electrical network failures, malware actions as well as fraudulent actions of third parties aimed at obtaining unauthorized access or disabling the software or hardware complex.
9.1. The user is obliged:
9.1.1. To observe the terms of this Agreement and the Key Documents. In case of disagreement of the User with the current Agreement the User is obliged to stop using the Application, including uninstalling its Client part.
9.1.2. To specify the relevant facts and exact information when creating an Account.
9.1.3. Not to violate the rights of the Copyright Holder with respect to the Application. This includes the fact that the User is not allowed to copy, broadcast, send out, publish and otherwise distribute and reproduce text, graphic, audio or video materials as part of the Application without the written consent of the Copyright Holder.
9.1.4. To take independent measures to ensure the security of the Account and to prevent its unauthorized use by third parties. The User undertakes not to disclose or transfer to third parties his identification data with the help of which the authorization (authentication) of the User is possible. In exceptional cases, the User has the right to provide such data to the User Support Centre of the Copyright Holder to find out the reasons of the problems, check (test) the operation of the Application or fix the shortcomings in its operation.
9.1.5. To follow the instructions of the Copyright Holder received individually or generally in the Application, the User Support Centre and by other means. The Copyright Holder has the right to suspend, restrict or terminate the User’s access to the Application, the Account and/or the Additional features in case of non-compliance with such instructions.
9.1.6. To provide or confirm information necessary to fulfil the terms of the Agreement and comply with the law at the request of the Copyright Holder.
9.1.7. Not to examine the program code, decompile, disassemble, modify the Application or create derivative works based on the Application, its resources or parts thereof except with the written consent of the Copyright Holder.
9.1.8. To reimburse the Copyright Holder, other users and other third parties any losses incurred in connection with the User’s actions, including violation of this Agreement, intellectual property rights and other rights.
9.1.9. To immediately inform the Copyright Holder about any facts of unauthorized use of the Account, hacking and committing other similar actions.
9.1.10. To observe other requirements and obligations provided in this Agreement and the Key Documents.
9.2. Beta-testing. If the User participates in beta testing of the Application, the User acquires the status of a beta tester. Beta testing is conducted solely for the purpose of evaluating the capabilities of the Application and detecting errors. At the same time, during the beta testing, the User is not granted the rights and benefits specified in the Agreement. The Copyright Holder is not responsible for events occurring during the beta testing process. The User acknowledges and understands that he is participating in beta testing at his own risk and that the Application may contain errors. Any items in the Application and Additional features may be removed from the Accounts at any time or after the end of the beta testing, except as specified in the open beta. The Copyright Holder is not responsible for ensuring continuous access to the Application. Any information received by the User during the beta testing is confidential and is not subject to disclosure. To take part in the beta testing you need to go through the authorization process and participate personally. The access to the beta testing may be terminated or restricted at any time for non-compliance with the provisions of the User Agreement, Key Documents and other rules of the Copyright Holder Limitations for actions performed during the beta testing can be transferred to the main Account.
10.1. Additional features. This section of the Agreement regulates the procedure and conditions for the acquisition of the Additional features, as well as the performance of other payments. The Additional features are part of the Application which the User can access only due to the use of the Application. The User has the right to use the Additional features within the limits established by the Copyright Holder. The User agrees that the Application is not a game of chance, contest or bet. The acquisition of access to the Additional features is the realization of the User’s will and desire. The acquisition of access to the Additional features is not a compulsory condition for using the Application.
10.2. Content of the Additional features. By purchasing the Additional features the User gets access to the extended functionality of the Application, including special features that affect the qualitative, quantitative, temporal, assortment and other aspects of using the Application. The Copyright Holder unilaterally determines the types and content of the Additional features.
10.3. Term of access to the Additional features. Access to the Additional features is considered to be granted to the User at the time they are credited to the Account for the term of this Agreement unless otherwise stipulated by the Agreement or the Key Documents or does not follow from the nature of the Additional features themselves.
The term of access to the premium account is calculated from the moment of creation of a record about it in the Account and is valid until the term of validity of the premium account established by the Copyright Holder.
10.4. Compensatory nature of the Additional features. The Copyright Holder grants the User an access to the Additional features exclusively at the request of the User provided that the User has paid the specified fee.
The fee is determined unilaterally by the Copyright Holder and indicated in the store or in another form, in particular on the web pages of payment system operators. In certain cases the operator of the payment system may charge a commission more than the fee established by the Copyright Holder. The User understands and hereby agrees that in order to access the Additional features or the paid resources of the Application, the total cost of accessing the Additional features may differ from the cost established by the Copyright Holder when making a payment by means of certain payment systems.
The fee indicated by the Copyright Holder in the store or on other resources can be denominated in two or more currencies. The User understands and hereby agrees that when paying by means of separate payment systems, the operator of such systems may use a currency exchange rate different from that used by the Copyright Holder. As a result, the amount charged to the User may be different from the amount specified by the Copyright Holder.
Granting to the User access to the Additional features or to paid resources of the Application is carried out only under condition that the User makes the corresponding payment in full. At the same time, the Copyright Holder has the right not to provide the User with access to the Additional features and/or to the paid resources of the Application or to provide them to a limited extent until the confirmation of payment is received in full.
10.5. Order and methods of payment. Payments are made by the User by transferring funds in favour of the Copyright Holder through the payment methods supported by the Copyright Holder. The list of payment methods available for payment is determined unilaterally by the Copyright Holder and is indicated in the Premium store or in another form.
When making payments the User agrees to follow the instructions of the relevant payment methods, as well as the payment rules established by the Copyright Holder. The right to use the Additional features or paid resources of the Application is provided to the User solely on the condition that he correctly executes the payment instructions and complies with the payment rules. The Copyright Holder is not liable for the deviation of the User’s payment that arose as a result of an error of the payment system operator or by the operator’s decision.
The User undertakes to provide the reliable information when making payments. The User shall bear all the risks of negative consequences connected with the indication of incorrect data when making a payment.
In the event that when making a payment due to a technical error the User will be granted access to Additional features or to the paid resources of the Application not corresponding to the money paid, the User shall immediately notify the Copyright Holder about it. In this case, the Copyright Holder will make all necessary efforts to provide the User with an access to Additional features or to paid resources of the Application in the amount paid by the User.
10.6. Payment methods. Regarding the rules and procedures for using payment methods the User must directly contact the operators of the payment systems chosen by him. The Copyright Holder may advise the User on issues related to the use of certain payment methods at his own discretion and in the presence of such an opportunity. However, the User hereby understands and agrees that in most cases the Copyright Holder is not able to provide the User with a complete explanation regarding the use of payment methods. Regarding the return of funds paid by the User erroneously or in violation of the rules of the payment methods or legislation, the User must directly contact the operators of the relevant payment systems.
10.7. Purchases on third-party platforms. In the event that the User downloads or purchases the Application on third-party platforms such as Apple iOS, Google Android ™ or others he must comply with all rules set by these platforms. The order and methods of payment in such cases are regulated by the rules of the platforms. The Copyright Holder is not responsible for the actions of the above-mentioned platforms.
10.8. Consequences of wrongful acts when making a payment. The User hereby confirms that he has the right to use the payment methods chosen by him without violation of the rights of third parties and the legislation of the country in which territory the Application is used or payment is made.
The User undertakes to compensate the Copyright Holder, other users and other third parties for all losses incurred in connection with the User’s misconduct and the use for payment the funds that do not belong to him.
Unless otherwise provided by this Agreement or applicable law, the Copyright Holder reserves the right to unilaterally suspend or completely terminate the User’s access to the Application and/or to the Additional features if the Copyright Holder has a reason to suspect the User of malfeasance related to the payment. At the same time, the Copyright Holder is not obligated to pay any such compensation to the User, including reimbursement of the money spent unless otherwise provided by this Agreement or applicable law.
In the event that the Copyright Holder has reason to believe that the User commits wrongful acts related to the payment the Copyright Holder has the right to forward the relevant information to law enforcement agencies for conducting a verification of this fact.
10.9. Inadmissibility of acquisition of rights from third parties. The exclusive right to provide access to the Application and Additional features belongs to the Copyright Holder, and therefore no offers of third parties (other than those authorized by the Copyright Holder) about granting rights in respect of the Application or Additional features shall not be regarded by the User as offers originating from the Copyright Holder.
The User is obliged to promptly notify the Copyright Holder about the cases known to him of providing illegal access to the paid resources of the Application or Additional features or receiving offers related to it from persons not authorized by the Copyright Holder. This obligation also extends to announcements and offers on the Internet, except for cases of posting such proposals on the resources agreed upon by the Copyright Holder.
If the User, in violation of this Agreement, made the payment to persons not authorized by the Copyright Holder, the User’s claims shall not be accepted. The Copyright Holder shall not compensate the funds spent by the User in such circumstances and shall not provide access to the Additional features.
In the event that the Copyright Holder establishes that the User is granted access to the Additional features from third parties not authorized by the Copyright Holder, he has the right to suspend, restrict or terminate the use of the Application and/or Additional features by the User at his own discretion.
The User’s access to the Additional features and the Application from persons not authorized by the Copyright Holder shall not release the User from the obligation to comply with this Agreement and the Key Documents. The Copyright Holder also retains the right to apply any measures specified in this Agreement and the Key Documents. The reimbursement of payment made by the User is not carried out in such cases.
10.10. Tracking the Account status. The User must independently monitor the status of the Account created for the presence or absence of the purchased Additional features and other purchases.
10.11. Termination of access to the Additional features. The User understands and hereby agrees that in the course of using the Application, the Access to the Additional features to the extent of the rights acquired by them may be terminated by the Copyright Holder in accordance with this Agreement in the following cases:
10.11.1. as a result of their consumption/exchange for other Additional features and/or elements if this is provided for by the functional capabilities of the Application and authorized during its use;
10.11.2. expiration of the period of access to the Additional features or paid resources;
10.11.3. suspension or termination of access to the Application in accordance with the Agreement or for other reasons.
Termination of access to the Additional features does not give the User the right to demand from the Copyright Holder compensation for the value of the Additional features, except as provided for in this Agreement and applicable law.
If the User has been granted access to the Additional features or paid resources of the Application without payment as a result of a technical error, failure or action by the User, they are entitled to notify the Copyright Holder and pay for their cost if the User has started using them. The Copyright Holder has the right to eliminate the consequences himself without notice to the User and without any compensation, including stopping access to the Additional features by deleting the corresponding Additional features from the Account.
10.12. Exchange. The Copyright Holder does not exchange certain Additional features and elements for other Additional features, elements, cash or non-cash money unless otherwise expressly authorized by the Agreement.
10.13. Compensation of expenses. The Copyright Holder does not reimburse the User for expenses related to payments, except in the cases expressly provided by this Agreement or applicable law.
10.14. Gifts in the Application. This function is available with the limitations established by the Copyright Holder. The following rules for the gifts have been established unless otherwise specified in the Application or in the Key Documents:
10.14.1. Within twenty-four (24) hours after the purchase of the gift, the sender of the gift will be notified by e-mail.
10.14.2. The User can accept the gift or refuse it. If the User does not accept the gift after thirty (30) days after the gift is sent, the sender's Account will be credited with the compensation in the form of a bonus for the purchase of the Additional features in the amount of the gift value at the time of its purchase.
10.14.3. In order to accept the gift, the recipient must go to the “My Gifts” page in the store and unpack the gift.
10.14.4. Within twenty four (24) hours after the recipient accepts the gift or refuses it, the sender will receive the corresponding notification by e-mail.
10.14.5. If the recipient already has an element and/or access to the resource from the gift package, then it is not credited to the recipient’s Account. In return, the recipient is automatically awarded compensation in the form of a bonus for the purchase of the Additional features equal to the value of this gift element at the time of its purchase.
10.14.6. If the sender of the gift withdraws the payment or does not pay the generated invoice after receiving the gift by the recipient both Accounts are blocked until the circumstances are clarified. It is not recommended to accept gifts from unknown persons to avoid blocking.
10.14.7. The transfer of gifts is possible only within one country where the Application is used and cannot be carried out in favour of persons registered in other countries.
11.1. Exclusive right in respect of the Application resources. The exclusive right of the source and object code, user interface, graphic images, photos, animations, video images, video clips, sound recordings, sound effects, music, text content and content of the Application, as well as any other elements of the Application and its resources which contain intellectual property objects, belongs to their rightful owners.
The User agrees that any element of the Application, including Additional features is an integral part of the Application as a computer program and is protected by law. Although the User is granted access to the Application and its resources the implementation of the process of the Application use cannot be regarded as the transfer or assignment of an exclusive right in respect of the Application, its resources and their parts, including the Additional features from the Copyright Holder to the User.
The User also understands and agrees that all exclusive rights to a localized (translated into the appropriate language) version of the Application belong to the rightful copyright holders.
11.2. Exclusive right of the User. The copyrights to materials, patents, secrets of know-how, posted on the resources of the Application by the User, belong to the User who designed them or other legal owners (hereinafter referred to as the “Materials”).
11.3. License for the Materials. The rights to perpetual gratuitous use of the Materials that are objects of intellectual property shall be transferred to the Copyright Holder in the form of a non-exclusive license in the territory of all countries of the world from the moment of posting (publication) by the User of these Materials on the resources of the Application without a counter obligation to pay copyright or other remuneration and without limitation on the term, methods and territory of use. The rights to use the Materials under this paragraph include the right to use them in any way and in any country of the world, including publish, distribute, modify, adapt, otherwise process, publish, create derivative works without obligation to mention the name of the author or other counter-obligations. The User undertakes to provide legal grounds for granting the intellectual property rights to the Copyright Holder also for the Materials placed by the User on the Application resources and owned by other copyright holders. The User guarantees that he / she has obtained all the necessary rights, consents and authorities to post the materials at the respective Copyright Holders (if the User is not a Copyright Holder).
11.3.1. In case of claims, demands, orders, resolutions of the state authorities and other third parties against the Copyright Holder regarding the posting of materials (including recipes) that violate the rights of third parties, the User undertakes to settle such claims, demands, etc. independently and at his own expense, as well as to compensate the Copyright Holder for possible property losses and other documented losses incurre by the Copyright Holder in full.
11.3.2. In case if the Copyright Holder settles such claims, demands, etc. independently and at its own expense, the User undertakes to reimburse the Copyright Holder for the documented costs associated with the settlement of claims, demands, etc., within five (5) working days from the date of receipt of the written request.
11.4. Restrictions. It is strictly forbidden to use any intellectual property objects or their parts placed on the resources of the Application without the prior written permission of the Copyright Holder, except for the cases specified in this Agreement.
12.1. Validity of the Agreement. This Agreement shall enter into force upon the acceptance of its terms by the User and shall remain in effect for a period of twelve (12) months. The validity of this Agreement is automatically extended for the next six (6) months if it was not terminated at the initiative of one of the Parties by sending a written notice to the other Party at least thirty (30) calendar days prior to the expiration of the Agreement. In the event of termination of the Agreement in the specified order the Copyright Holder shall not refund any monetary funds and shall not make any other refunds, including damages of any kind.
12.2. Modification of the Agreement. This Agreement may be modified unilaterally by the Copyright Holder. A notice of an amendment to the Agreement is published on the website of the Application and/or sent to the User for review to the User's e-mail address specified by him when creating the Account and/or through notification of the User in the Application at least ten (10) calendar days prior to the changes enter into force. The use of the Application or the authorization in the Application after the publication of the advertisement and/or notification of amending the Agreement in the order indicated above means the User's consent to such changes. If the User has not got acquainted with the amendments to the Agreement, he is not exempted from the obligations provided for in this Agreement, taking into account the amendments made to it.
12.3. The User’s disagreement with the amendments to the Agreement. The User is not entitled to use the Application if he does not agree with the modifications made to the Agreement. In this case, the User has the right to terminate the Agreement unilaterally within ten (10) calendar days after posting of the publication about modifications in the Agreement on the website of the Application and/or sending notification by e-mail or via the Application. In the event of a decision to terminate the Agreement the User is obliged to send a termination notice by e-mail to the Copyright Holder. If the User has not expressed a desire to terminate this Agreement within ten (10) calendar days during the above-mentioned period, the User is deemed to have accepted the terms of this Agreement taking into account the modifications introduced therein. After receiving the termination notice from the User, the Copyright Holder suspends the User's access to the Account. At the same time the Copyright Holder shall not return any money and shall not make any other refunds, including damages of any kind.
12.4. Termination of the Agreement on the initiative of the Copyright Holder. The Copyright Holder has the right to terminate this Agreement at any time unilaterally out of court with the termination of access and the ability to use the Application, its resources and Additional features in the following cases:
12.4.1. If the Application is closed. In this case, the Copyright Holder is obliged to send a corresponding notification to the User at least thirty (30) calendar days prior to the closing date. At the same time, the Copyright Holder shall not pay any compensation and shall not reimburse the User the monetary equivalent of the acquired Additional features.
12.4.2. In case of even one-time violation of any kind by the User of the terms of this Agreement or the Key Documents the Copyright Holder shall not reimburse the User and shall not pay for losses.
12.5. Termination of the Agreement on the User initiative. The User has the right to terminate this Agreement unilaterally out of court without notice to the Copyright Holder and without explanation of any reason at any time by deleting the Account while maintaining the commitments and liabilities of the User that occurred prior to the deletion of the Account. In this case, all elements and Additional features, as well as personal data associated with this Account will be deleted without the right to restore within one hundred and eighty (180) calendar days from the date of the deletion of the Account. The Copyright Holder is not obligated to pay any compensation to the User. Any content created or posted by the User on the Application resources is saved.
12.6. Changes of the Key Documents. The User confirms that the Copyright Holder has the unconditional right to unilaterally change the terms of the Key documents and that such changes are not the changes to this Agreement.
13.1. The User hereby consents to the Copyright Holder and/or authorized persons to process his personal data with and without the use of automation means. The list of personal data which the User agrees to process includes: full name; gender, age, height, weight and other anthropometric indicators; date and place of birth; passport data; location determined using the services, including the city, street and house number; phone number (home, mobile); data of the academic certificates, qualifications, professional training, information on further training; marital status, information on the family composition; income information; information about any personal qualities that are evaluated; login and password of the Application Account; the list of appliances that the user owns; setting of appliances; statistical data on the use of the appliances; the operation start date; location-based data; the date of service maintenance of appliances owned by the user. This consent is valid from the day it was signed prior to the date of withdrawal in writing, or before the expiration of the period specified in clause 12.5 whichever occurs first.
13.2. The User is hereby notified that his Personal Data can be transferred by the Copyright Holder at the request of authorized state bodies. In all other cases, the Copyright Holder will make every effort to maintain confidentiality of the personal data provided by the User.
14.1. Invalidity. If one or more of the provisions of this Agreement will be invalidated in accordance with the established procedure and with the judicial decision entered into force the remaining provisions of this Agreement shall remain in force and the Parties shall continue to fulfil their obligations in the manner most consistent with the intentions of the Parties at the time of the conclusion or modification of this Agreement.
14.2. Dispute resolution. All disputes of the Parties with respect to this Agreement shall be resolved through correspondence and negotiations using a mandatory pre-court (claim) procedure. If the Parties are unable to reach an agreement by negotiation within thirty (30) calendar days from the receipt of a written claim by the other Party, the dispute may be referred by any interested party to the court at the place of registration of the Copyright Holder (except for the jurisdiction of the case to any other courts) according to the procedural and substantive law of the state of registration of the Copyright Holder without reference to its conflict of laws principles.
Last Updated September 25, 2018
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