This End User License Agreement (hereinafter referred to as the "Agreement") is a legally binding document that regulates legal relations related to the use by you (hereinafter also referred to as the "User") of the cross-platform mobile software package "Womanbook" in accordance with the functional purpose, the services provided and the rules of its use.
Before using the cross-platform mobile software package "Womanbook", please read the terms of this Agreement. Any use of this application by you means your full and unconditional consent and acceptance of the terms of this Agreement. If you do not accept the terms of the Agreement in full, you do not have the right to use the above software package for any purpose.
Definitions used in the Agreement:
"Application" is a cross-platform mobile software package for iOS and Android platforms that allows downloading, storing and using the Womanbook consumer functionality through various user devices (smartphone, tablet) with Internet access.
"Subscription" is a Publisher's service that provides access to the functionality of the Application. The subscription involves downloading (copying) and storing Content to the User's user devices operating on the iOS or Android platform, on a permanent or temporary basis.
1. Subject of the User Agreement 1.1. The subject of this Agreement is the relationship between the IP Staroverova E.M., 109377, Moscow, Zelenodolskaya 12, +79688582031 (hereinafter the "Publisher"), and you (the User) regarding the use of the Application in accordance with the terms of this Agreement.
1.2. The Publisher is the copyright holder of exclusive copyrights and other legal rights to the Application and the objects of copyright and related rights included in it, trademarks, other results of intellectual activity and information.
1.3. The Application is distributed by the Publisher in a paid manner through the Apple Store, Google Play and similar platforms. The user can be any person who has reached the age of majority at the time of conclusion of the agreement according to the laws of the country of citizenship. Users are not sold, but only provided with a non-exclusive license (right to use) the Application under the terms of this Agreement.
1.4. To access the Application, the User must create and/or have an account on the Apple Store and Google Play platform. The User is fully responsible for any actions performed through the User's account, as well as the loss of User access to his account or its invalidity.
1.5. The Publisher reserves all rights not expressly granted in this Agreement.
2. General provisions. Acceptance of terms 2.1. The Agreement establishes the terms and conditions of use of the Application by Users. The User's use of the Application, any of its services, functionality, means the User's unconditional consent to all the clauses of this Agreement and unconditional acceptance of its terms with obligations to comply with the obligations imposed on the User under this Agreement. The fact that the User uses the Application or any of its functionality is an unconditional and complete acceptance of this Agreement, ignorance of which does not release the User from responsibility for non-compliance with its terms. You may not use the Application if you do not agree to the terms of the Agreement.
2.2. The Publisher reserves the right to periodically make changes to this Agreement, for example, to reflect changes in the functionality provided by the Application. It is recommended that you regularly, at least once a month, get acquainted with the contents of the Agreement in order to get acquainted with its changes and/or additions in a timely manner, the current version of the Agreement is available on the Internet at:
http://womanbook.tilda.ws/eula. If you do not agree to the amended terms, you must stop using the Application. Continued use of the Application after the publication of the amended terms will mean the User's consent to such terms. All changes come into force from the moment of publication of the amended Agreement.
3. Intellectual property 3.1. All the results of intellectual activity used and posted in the Application (visual interfaces, graphics, design, compilation, information, computer code and all other elements) are the intellectual property of the Publisher and are protected by intellectual property legislation, as well as relevant international legal conventions.
3.2. Except as expressly permitted by the Agreement, the Application may not be copied (reproduced), processed, distributed, published, uploaded, transmitted, communicated or made publicly available, shown publicly, sold or otherwise used in whole or in parts, without the prior written permission of the Publisher.
3.3. Access to the Application is provided by the Publisher exclusively for personal non-commercial use by Users.
3.4. Any use, reproduction, processing, modification, distribution in whole or in parts of the Application and other results of intellectual activity, except as expressly permitted in the Agreement, is prohibited without the prior written permission of the Publisher.
3.5. The User undertakes not to decompile, disassemble, modify, modify the Application, bypass its security system and not attempt to obtain the source code of the Application.
The User also undertakes not to produce derivative products based on the Application.
4. Rights and obligations of the Publisher 4.1. The Publisher's obligations are solely to ensure the provision of the technical possibility for the User to gain access to the functionality of the Application in the manner defined by this Agreement.
4.2. The Publisher reserves the right, at its sole discretion, to change or delete any information published in the Application, including Subscription, as well as any elements and components, suspend, restrict or terminate the User's access to all or any of the sections of the Application at any time for any reason or without explanation, with or without prior notice (at the discretion of the Publisher). At the same time, the User agrees that the Publisher is not responsible for any harm that may be caused to the User by such actions.
4.3. The Publisher has the right to set any restrictions on the use of the Application, to change this Agreement unilaterally at any time, without obtaining the User's consent.
4.4. The Publisher has the right to carry out non-personalized mailing in the Application by means of "push up" notifications and other messages containing organizational and technical information about the Application and its functionality, as well as subscription information, etc., to which the User agrees in this Agreement.
4.5. The Publisher does not perform the following actions in the Application:
4.5.1. placement of any files that contain or may contain viruses and other malicious programs;
4.5.2. description or propaganda of illegal activities, placement of instructions or manuals on the commission of illegal actions;
4.5.3. posting information that does not correspond to the age of the target audience of the Application.
4.6. The Publisher reserves the right to make changes and/or modify the Application at any time without notifying the User.
4.7. The Publisher may, at its sole discretion, provide the possibility of temporary free use of all or part of the functionality of the Application. This right of temporary free use does not in any way affect already purchased and paid Subscriptions, with which the User agrees.
5. Rights and obligations of the User 5.1. The User undertakes to use the Application only for the purposes provided for in this Agreement, as well as to respect the rights and legitimate interests of the Publisher.
5.2. The User is obliged to refrain from performing any actions aimed at destabilizing the operation of the Application, attempting unauthorized access to the Application, as well as its elements, as well as from performing any other actions that violate the rights of the Publisher and / or third parties.
5.3. The User undertakes not to attempt to disable or otherwise interfere with any technical means of protecting the Application that prevent or restrict the use or copying of any information or results of intellectual activity posted in the Application.
5.4. The User is obliged to use the Application exclusively for legitimate and personal non-commercial purposes that do not contradict moral principles and universally recognized values.
5.5. The User who has reached the age of 18 guarantees that access to the Application by minors is carried out under his control and the use of the Application by minors will be carried out under the control of the User who has reached the age of 18 in compliance with the restrictions established by applicable law and this Agreement.
5.6. The User is obliged to fulfill other obligations established by this Agreement.
6. Terms of paid access to the Application 6.1. The Publisher provides Users with the opportunity to use the Application after paying for the Subscription. As part of the Subscription, the Publisher provides Users who own devices running on the iOS and Android operating systems with access to partial or full (depending on the Subscription option selected) functionality of the Application. The Publisher reserves the right to remove or add features to the Application at any time, add new types of Subscriptions, without notifying the User.
6.2. The User acknowledges and agrees that the funds paid for the Subscription are not refundable in any form, including in case of cancellation of the Subscription, unless otherwise expressly provided by the Agreement. The Publisher does not compensate any expenses of the User, including expenses in connection with the transfer of funds to the Publisher, and also does not pay interest for the use of funds.
6.3. The beginning of the Subscription period is calculated from the moment of its payment by the User and the fact of payment of the Subscription is reflected in the electronic payment accounting system of the Apple Store or Google Play. The fee for the second and subsequent Subscription periods may, at the discretion of the User, be charged automatically until the User cancels the Subscription.
6.4. Upon initial registration and payment of the Subscription, the User agrees and authorizes the Publisher to charge the Subscription fee set by the Publisher on the day of payment for each year, six months or month (depending on the User's choice) for using the Subscription until the User refuses the Subscription, or the Publisher is unable to receive the Subscription price for the corresponding period of its provision.
6.5. When paying for a Subscription, the User confirms that he fully understands, understands and accepts the terms of this Agreement, and also understands and agrees that the Publisher reserves the right to add any changes to the Application at any time without notifying the User. Paying for a Subscription by the User means that the User is familiar with the functionality of the Application and the terms of the Subscription and is fully satisfied with its content.
6.6. Subscription payment is carried out without authorization of such Users in the Application and takes place directly in the electronic payment accounting system of the Apple Store and Google Play.
6.7. User identification is performed by the Apple Store and Google Play platform.
6.8. Non-payment by the User for the Subscription period selected by the User is equivalent to the User's refusal to continue using this Subscription; in this case, the User's access to the Application functions within this Subscription is terminated from the day following the last day of the Subscription period selected by the User.
6.9. If the User's account specified by him when paying for the Subscription on the day of payment does not have enough funds to pay for the next Subscription period selected by the User, the Subscription is terminated from the day following the last day of the paid period.
6.10. The User may refuse to use the Subscription at any time, subject to the provisions of clause 6.4. of this Agreement. To do this, the User must perform unsubscribe actions
on an iOS device:
https://support.apple.com/ru-ru/HT202039;
on an Android device:
https://support.google.com/googleplay/answer/70184....
6.11. The Parties acknowledge and agree that the Publisher is not liable to the User in case of non-receipt of funds to the Publisher's account for reasons beyond the Publisher's control, including, but not limited to: software failures or equipment failures of banks, telecom operators, payment accounting systems, payment systems and other payment intermediaries that ensure the acceptance of subscription payments from Users and their transfer to the Publisher. The Parties also acknowledge and agree that the Publisher is not obliged to provide the User with access to the Subscription until the funds for it are received from the User to the Publisher's account.
6.12. The cost of Subscriptions not paid by the User, their content, terms and procedure for their payment may be unilaterally changed by the Publisher without special notification to the Users.
6.13. By paying for the Subscription, the User unconditionally agrees that the devices from which he plans to use the Application fully comply with the technical requirements specified in Section No. 7 of the Agreement, and also that he agrees to perform all actions necessary to access the Subscription specified by the Publisher in this Agreement and in the Application. All issues of acquiring access rights to the Internet, purchasing and configuring the necessary equipment and software for this are solved by the User independently, do not fall under the scope of this Agreement, and the Publisher is not responsible for these actions of the User or third parties.
6.14. If the Subscription was paid for by the User, but was not rendered due to the Publisher's fault within 30 (thirty) calendar days from the date of their payment due to the inactivity of the Application, the Publisher, on the basis of a written application from the User sent to e-mail womanstart@gmail.com, undertakes to return the amount paid to the User. To make a refund, the User must save the emails sent by the Publisher and the payment system confirming the fact of Subscription payment.
6.15. Minor Users are not entitled to use the Service without the participation and consent of their adult legal representatives.
6.16. The Parties to this Agreement confirm and agree that the Subscription services are considered rendered at the time of their payment by the User.
6.17. THE USER CONFIRMS AND AGREES THAT THE SUBSCRIPTION IS AVAILABLE TO THE USER UNDER THE FOLLOWING CONDITIONS: THROUGH THE SERVICE FROM DEVICES RUNNING ON THE iOS AND ANDROID OPERATING SYSTEM, AND THE USER CONFIRMS AND AGREES THAT THE SUBSCRIPTIONS SPECIFIED IN THIS SECTION OF THE AGREEMENT ARE NOT AVAILABLE FROM DEVICES USING UNLICENSED, UNOFFICIAL, HACKED SOFTWARE SYSTEMS, OTHER OPERATING SYSTEMS, OTHER TECHNICAL MEANS TO ACCESS THE SERVICE, IN CASE THE USER DOES NOT COMPLY WITH THIS AGREEMENT, THE FUNDS FOR THE PAID SUBSCRIPTION ARE NOT RETURNED TO THE USER.
7. Technical requirements for the User's software and hardware for using the Application 7.1. The Application Services are designed to interact only with the latest versions of the Application developed and uploaded by the Publisher on the Apple Store and Google Play.
a) The official channel for downloading the Application
https://www.apple.com/ru/app-store / and
https://play.google.com/store/apps?hl=ru&gl=US .
b) The operation of the Application purchased by the User from other sources is not guaranteed.
7.2. The services of the Application are designed to interact only with official, licensed and not modified software.
7.3. For the correct operation of the Application, technical means of access (technical requirements) must meet the following requirements:
a) Technical means of access must be connected to the Internet at a speed of at least 1.2 megabits per second; The minimum channel width for wi-fi is 1 Mbit;
b) The firmware version on the access hardware operating on the iOS operating system must be at least version 10, and Android - at least version 5.0.
c) The application installed on the technical means of access on the iOS operating system is guaranteed to work with an iPhone not lower than version 5S, iPad - not lower than version 5, all versions of iPad Pro, iPad mini - not lower than version 2. The application installed on the technical means of access on the Android operating system - correctly supporting the operation of the operating system not lower than version 5.0.
d) The current date, time and time zone must be set on the technical means of access in accordance with the User's location. It is recommended to set up automatic time synchronization in accordance with the manufacturer's manual of the technical means of access.
7.4. Users acknowledge and agree that the Publisher does not provide communication services to Users in accordance with the law, and is not responsible for malfunctions on equipment and communication networks owned by third parties and used to provide communication services to Users.
7.5. Users acknowledge and agree that the speed and quality of using the Application on the Internet may vary due to the User's channel traffic from other resources or for other reasons beyond the control of the Publisher. The Publisher is not responsible for the fact that at a specific time, in a specific place, the User could not access the use of the Application due to low access speed.
7.6. If the User has technical problems when working with the Application, the Parties understand and agree that the User is obliged to take all actions to eliminate technical problems before filing a claim with the Publisher, which will be sent to him on request with a description of the problem by e-mail. If the proposed measures used by the User to eliminate technical problems did not help, the User has the right to file a complaint with the Publisher by sending it by e-mail womanstart@gmail.com, which the Publisher considers within 30 (thirty) days from the date of receipt.
7.7. If access to the Application by a paid Subscription is irretrievably lost, for reasons beyond the control of the User, the User can get such access (Subscription) free of charge on the terms of the corresponding Subscription.
8. Responsibility. Limitation of liability 8.1. Access to the Application is provided "In THE FORM IN WHICH IT EXISTS" ("as is"), and the Publisher does not give any guarantee or assurance regarding it.
8.2. The User understands and agrees that the Publisher may delete or move (without warning) elements of the Application and/or Subscription functionality, at its discretion, for any reason or without reason, without any restrictions.
8.3. The User understands and agrees that the Publisher is not responsible for any errors, omissions, interruptions, deletion, defects, delay in processing or transmitting data, communication line failure, theft, destruction or unauthorized access by third parties to the results of intellectual activity posted in the Application. The Publisher is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of email services or scripts for technical reasons. Also, the Publisher is not responsible for the compliance of the Application as a whole, its parts and functionality with the expectations of Users, error-free and uninterrupted operation of the Application, termination of User access to the Application, losses incurred by Users for reasons related to technical failures of hardware or software.
8.4. The Publisher is not responsible for any damage to the electronic devices of the User or another person, mobile devices, any other equipment or software caused by or related to the use of the Application.
8.5. Under no circumstances will the Publisher be liable to the User or any third parties for any direct, indirect, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation caused in connection with the use of the Application. In any case, the Parties agree that the amount of the User's damages for any violations of the Publisher related to the use of the Application is limited by the Parties to the cost of the Subscription purchased by the respective User.
8.6. The Publisher is not responsible for the User's violation of the terms set forth in this Agreement.
9. Personal information 9.1. The Publisher does not collect, store, use or analyze personal information of Users, including underage Users using the Application.
9.2. Personal information about User accounts on the Apple Store and Google Play platforms is collected and stored on the specified platform and is regulated by the relevant privacy policy.
9.3. The Publisher does not collect and does not get access to the name, payment information and personal information of Users. Such information is collected and stored on the Apple Store platform, Google Play or in the payment processor of these platforms.
9.4. The Publisher uses the mobile analytics software exclusively for the analysis and improvement of the Application. This software may record anonymous (depersonalized) technical information about the use of the Application and other technical data. The specified information is collected, processed and stored in an anonymous and depersonalized form (without reference to the User's personal data). Please contact us by email womanstart@gmail.com if you believe that the Publisher collects personal information in violation of applicable law.
9.5. The Publisher uses the Google Firebase and Yandex Metrika statistics services, which do not collect personal data in accordance with the privacy policy of this service.
10. Entry into force and validity period 10.1. This Agreement comes into force from the moment you accept its terms (including by using the button "I ACCEPT the TERMS OF THIS AGREEMENT" ("I ACCEPT") OR ANOTHER SIMILAR BUTTON). And also after you download, install, access and start using the Application, even if the terms of this Agreement have not been explicitly accepted by you
10.2. This Agreement is valid for the entire duration of the exclusive rights to the Application. The Publisher may terminate this Agreement prematurely without notice if you violate and/or fail to comply with any term or provision of the Agreement. In this case, the User is obliged to destroy all copies of the Application that you have.
10.3. The User may terminate this Agreement by destroying or deleting all copies of the Application and its components from any User device or other data storage device.
11. Final provisions 11.1. This Agreement and the relationship between the Publisher and the User are regulated and interpreted 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.
11.2. This Agreement is concluded for an indefinite period and extends its effect to Users who access and use the Application both before the date of publication of this Agreement and after the date of its publication in the Application.
11.3. The Parties have agreed that all disputes arising from the relations of the Parties regulated by this Agreement should be resolved in a competent court at the Publisher's location with mandatory compliance with the pre-trial dispute settlement procedure. The Parties understand and agree that the claim procedure for the settlement of disputes by the Parties is mandatory before the Parties apply to the judicial authorities.
11.4. In the case of translations of the Agreement into other languages, when considering cases related to the misuse of the Application, priority is given to the English language.
11.5. The headings of articles and paragraphs contained in this Agreement are included solely for reference and do not affect the meaning or interpretation of this Agreement.
11.6. If any condition or provision of this Agreement is recognized as void or unenforceable by any judicial or administrative authority, such recognition does not affect the validity or enforceability of the remaining terms and conditions of this Agreement. To the maximum extent possible by law, the provision of this Agreement is subject to interpretation and execution in such a way as to fulfill the original purpose of the Agreement, and if such interpretation and execution is impossible by law, such provision is considered excluded from the Agreement.
IF YOU HAVE ANY QUESTIONS ABOUT THE TERMS OF THE AGREEMENT, YOU CAN ASK FOR CLARIFICATION BY WRITING TO
womanstart@gmail.com.