USER AGREEMENT AND TERMS OF SALE.
TERMS AND DEFINITIONS
Company (Copyright holder) - Limited liability company "KUL" (LLC "KUL"), registered and valid under the law of the Russian Federation, TIN 3328023036.
Application-Myfitt software for iPhone and Android, the copyright holder of which is the Company, designed to work on smartphones, tablet computers and other mobile devices, aimed at performing certain functions.
User – a person who uses the services of the Application.
1. GENERAL PROVISIONS
1.1. This User Agreement applies to all users of the Application.
1.2. Your use of the Application means that you accept and agree to comply with all the provisions of this User agreement.
1.3. The terms of this Agreement are a public offer in accordance with Article 437 of the Civil Code of the Russian Federation and the use of the Application is possible only under the terms of this Agreement.
1.4. Completion of the Application activation (registration) procedure and further use of the Application is a confirmation of acceptance of all the conditions specified in this Agreement.
The Company recognizes as a User any person who has reached the age of 16 years, who has passed the registration procedure in the Application and uses the Application in accordance with its functional purpose.
If the User is under the age of majority (18 years) or is fully or partially incapacitated in accordance with the law, the User confirms that he has received the permission of his parents or legal representatives to conclude this Agreement in the form prescribed by law.
A person who has provided deliberately false information about the age is liable in accordance with the provisions of the current legislation of the Russian Federation.
1.5. By accepting the terms of this Agreement, the User confirms his consent to the processing of personal data provided during registration, including, but not limited, to generate and transfer User response and the resolution of potential claims.
1.6. The User also confirms his consent to the transfer of the above-mentioned personal data to third parties and their processing by third parties for the purpose of executing this Agreement and implementing the operation of the Application, as well as resolving claims related to the execution of this Agreement.
1.7. The User agrees that the Company has the right to store and process, including automated, any information related to the User's personal data in accordance with Federal Law No. 152-FZ "On Personal Data".
1.8. This Agreement is drawn up in accordance with the legislation of the Russian Federation. Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of the Russian Federation.
1.9. By agreeing to the terms of this Agreement, the User confirms his legal capacity and his legal capacity.
1.10. This Agreement may be amended and / or supplemented by the Company unilaterally. At the same time, continuing to use the Application after making changes and / or additions to this Agreement means that the User agrees to such changes and / or additions, and therefore the User undertakes to regularly monitor changes in the relevant section in the Application and in the Agreement posted on the site: skllzz.com .
1.11. The User agrees to receive service push and SMS messages necessary for the operation of the Application.
1.12. The Copyright Holder has the right to inform the User by sending messages to a mobile phone, tablet and computer, including using a communication network:
• about the procedure for using the Application,
• about advertising and other events held,
2. RIGHTS AND OBLIGATIONS OF THE USER
2.1. The User undertakes to properly comply with the terms of this User Agreement.
2.2. The User undertakes to take appropriate measures to ensure the safety of their user name and other data, and is personally responsible for their safety and confidentiality.
3. The User undertakes not to use the Application for any other purpose, except for purposes related to personal non-commercial use.
3. RIGHTS AND OBLIGATIONS OF THE COMPANY
3.1. The Company has the right to transfer the rights and obligations under this User Agreement to third parties for the purpose of executing this User Agreement without the additional consent of the User.
3.2. The Company has the right to send the User information about the operation of the Application in any way to the e-mail address specified by the User, including placing advertising, informational and other messages inside the Application, as well as by phone number, if it is specified by the User as a method of communication with him.
3.3. The Company reserves the right to restrict the User's access to the Application at any time for organizational or technical reasons without notifying the User.
3.4. The Company reserves the right to terminate this User Agreement at any time for organizational or technical reasons unilaterally, blocking the possibility of its use.
3.5. In order to improve and improve the stability of the Application, the Company has the right to collect, store and process statistical information about the User's use of the Application, which includes:
• last name, first name, patronymic;
• date of birth;
• phone number;
• e-mail address.
• data about the user's mobile device model (device ID)
• statistical information about the use of the Application;
3.6. In order to achieve the results of the Application, the Company has the right to collect, process and store information about the User's heart rate indicators recorded by the Application.
4. GUARANTEES AND LIABILITY OF THE PARTIES
4.1. The User guarantees that he will not take any actions aimed at causing damage to the owner of the rights to the Application, the Company, the copyright holders and other persons.
4.3. If the User does not prove otherwise, any actions performed using his / her user name are considered to have been performed by the corresponding User. In the event of unauthorized access to the User's Name or distribution of the User's Name, the User is obliged to immediately inform the Company about this in accordance with the established procedure.
4.4. The Company does not guarantee that:
4.4.1. The service will be provided continuously, quickly, and without errors;
4.4.2. The results that can be obtained using the Application can be used by the User to establish and / or confirm any facts;
4.4.3. The quality of any product or service, information about which is obtained by the User using the Application, will meet the User's expectations.
4.5. Since the Application is in the process of constant additions and updates, the form and nature of the functionality of the service provided may change from time to time without prior notice to the User. The copyright holder may, if necessary, in its sole discretion to terminate or restrict (permanently or temporarily) services (or any certain functions within the services) to all Users in General or to individual users in particular without prior notice, block or delete the User account, including in the event of a breach by the User of the terms of this Agreement or operating conditions other legal documents posted on the App.
10,000 (ten thousand) rubles and is imposed on him if there is guilt in his actions.
5. EXCLUSIVE RIGHTS TO THE CONTENT
5.1. All content and services available in the App, including, without limitation, trademarks, design elements, text, graphic images, sound, illustrations, images, and other materials (the "Materials") and any Content posted in the app are the objects of exclusive rights and/or the moral rights of the copyright holder, Users and other right holders.
6. LINKS TO THIRD-PARTY SITES
6.1. The Application may contain links or provide access to other resources on the Internet (third-party sites) and content posted on these resources that are the result of intellectual activity of third parties and are protected in accordance with the legislation of the Russian Federation. These sites and the content posted on them are not checked by the Company for compliance with the requirements of the legislation of the Russian Federation.
6.2. The Company is not responsible for any information or content posted on third-party sites that the User accesses through the Application, including, but not limited to, any opinions or statements expressed on third-party sites.
6.3. The User confirms that from the moment the User clicks on the link contained in the Application to the website of a third party, the relationship between the Company and the User ceases. This Agreement does not apply to the User in the future, and the Company is not responsible for the accuracy of the information posted on third-party sites, the User's use of the content, the legality of such use and the quality of the content posted on third-party sites.
7. FEATURES OF USING THE APP WITH THE SAME ACCOUNT SIMULTANEOUSLY ON MULTIPLE MOBILE DEVICES
7.1. The User is notified that the Application with the same account (user name combination) can be installed simultaneously on one mobile device.
8. TERMS OF SALE OF GAMES THROUGH THE APP
8.1. The sale of games is carried out on the terms of the public offer, hereinafter referred to as the "Offer".
8.2. The Offer may be accepted (accepted) by any individual who intends to purchase the game (s) posted in the Application and on company websites, as a result of which this person further receives the rights and bears the obligations of the Buyer.
8.3. The Agreement is considered to be concluded between the User and the Company at the time of placing the order and paying its cost.
8.4. By accepting these terms, the User agrees to the offer to purchase the corresponding digital content, software that is not delivered on a physical medium; game subscriptions; digital in-game items; etc. (hereinafter referred to as "Digital Content") from the Copyright Holder's Company, regardless of the country of residence.
The User hereby gives explicit consent at the beginning of the provision of Digital content and services immediately after payment.
8.6. The duration and cost of the subscription to the game depends on the digital content selected by the User.
8.7. In case of acceptance by the User of the decision on the early termination of the use of digital content it would cost cannot be returned, nor provide for compensation because Digital content is available for use until the expiration of the subscription period.
8.8. The User does not have the right to:
8.8.1. Research the program code, decompile, disassemble, modify the Digital Content, its parts and elements, as well as create derivative products based on the Digital Content, its parts and elements;
8.8.2. Translate Digital Content into other languages without the consent of the Company;
8.8.3. Distribute for commercial or non-commercial purposes Digital Content or its copies, both by distribution on physical media, and by posting on the Internet for access or download by certain persons or an unlimited number of persons;
8.8.4. Distribute for commercial or non-commercial purposes activated and / or non-activated data and commands, audio-visual elements, images, as well as other intellectual property objects present in the Digital Content;
8.8.5 Transfer rights in relation to Digital Content, including Rights to non-activated data and commands, for commercial or non-commercial purposes to third parties, including by transferring an account, entering into a contract or otherwise;
8.8.6. Use another User's Account;
8.8.7. Alienate and otherwise transfer your account, acquire another user's account, including by exchange or gift;
8.8.8. Use the information of other users to send unsolicited information (spam).
8.8.9. Place advertising, commercial offers, propaganda and any other intrusive information in Digital Content, except for cases permitted by the Company.
8.8.10. Post in Digital Content materials that offend or humiliate the honor and dignity of other users or third parties, as well as links to such materials.
8.8.11. Use Digital Content in ways that are not provided for in this Agreement and go beyond the normal gameplay or use of a computer program.
Violation of the exclusive rights of the Company by the User is the basis for termination of the rights to use Digital Content, including non-activated data and commands, without any compensation from the Company.
8.9. The company has the right at any time, without prior notice to the User, unilaterally restrict, expand, supplement, modify or otherwise modify the Digital Content, any of its elements and parts, as well as change key documents.
8.10. Modification of Digital Content and its elements, can be carried out by creating and installing new parts of the software (patches). Their purpose may be, for example, to improve or change the gameplay (gameplay) , or to add new data and commands ("features") to the Digital Content, which may lead to the termination or suspension of the rights to use certain game elements and Rights to non-activated data and commands.
8.11. The User understands and hereby acknowledges that these actions are an integral part of the process of creating and functioning of Digital Content, and also agrees to their commission by the Company without prior notice to the User.
8.12. The company has the right, without prior notification of the User to modify the technical and other characteristics of any part of the Digital content used by the User, including, among other things, activated and non-activated commands and data; change scenarios of Digital content including gameplay changes, etc.
8.13. The company has the right, at any time, to change or remove any content posted by the User in the Digital content.
8.14. When paying, you can specify payment data, such as the bank card number and other banking details. We use the services of third-party payment services that meet the requirements of the payment card industry, and we do not store your credit card details..
8.15. Calculations are made in the prices posted by the Companies in the application on the day of payment, at the ruble exchange rate set by the Central Bank of the Russian Federation.
8.1. Issues not regulated by this Agreement are subject to resolution in accordance with the legislation of the Russian Federation.
8.2. In the event of any disputes or disagreements related to the performance of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. If the disputes are not resolved through negotiations, the disputes are subject to resolution in the court of general jurisdiction at the location of the Company in accordance with the procedure established by the current legislation of the Russian Federation.
8.3. This Agreement comes into force for the User from the moment of its registration in the Application. This Agreement is valid indefinitely.
8.4. This Agreement is written in English, which is understandable for the User and the Company.
8.5. If any of the provisions of this Agreement is declared invalid, this does not affect the validity or applicability of the remaining provisions of this Agreement.