LICENSE AGREEMENT
This License Agreement (hereinafter referred to as the Agreement) sets forth the terms of use of the Mobile Application "AQ Trainer" and is concluded between Information Technologies Sport Plus LLC (hereinafter referred to as ItSportPlus), a legal entity established in the territory of the Russian Federation, hereinafter referred to as the "Licensor" in the text of the Agreement, which is the holder of the exclusive right to the Mobile Application "AQ Trainer", on the one hand, and any person using the Mobile Application "AQ Trainer", on the other hand, hereinafter referred to in the text of the Agreement as the "User", hereinafter referred to jointly as the "Parties", and individually as the "Party".
This Agreement, in matters and conditions not specified in this Agreement, is governed by the current legislation of the Russian Federation. Before starting to use the Mobile Application, the User must familiarize themselves with the Agreement. The User’s use of the Mobile Application in any form means that the User accepts all the terms of the Agreement in full.
If the User does not agree with the terms of the Agreement or for any reason does not have the right to conclude it, he/she should immediately stop any use of the Mobile Application.
Use of the Mobile Application on terms and in ways not provided for by the Agreement is possible only on the basis of a separate agreement with the Licensor. A fee may be charged for using the capabilities of the Mobile Application.
This Agreement, in matters and conditions not specified in this Agreement, is governed by the current legislation of the Russian Federation. Before starting to use the Mobile Application, the User must familiarize themselves with the Agreement. The User’s use of the Mobile Application in any form means that the User accepts all the terms of the Agreement in full.
If the User does not agree with the terms of the Agreement or for any reason does not have the right to conclude it, he/she should immediately stop any use of the Mobile Application.
Use of the Mobile Application on terms and in ways not provided for by the Agreement is possible only on the basis of a separate agreement with the Licensor. A fee may be charged for using the capabilities of the Mobile Application.
1. TERMS AND DEFINITIONS USED IN THE AGREEMENT
A website (Websites) is a collection of interconnected web pages that are accessible on the Internet via HTTP/HTTPS protocols.
Mobile application "Proathlete" (Mobile application) — software owned by the Licensor, installed in the User’s Device, as a result of using which the User gains access to the Licensed and User Content.
Licensor — Limited Liability Company "Information Technologies Sport Plus", located at the address: Moscow, Presnenskaya Embankment, 8, building 1, floor 60, room 603, which is the holder of the exclusive right to the Mobile Application.
User — an individual who has an Account in the Mobile Application and who uses it to access the capabilities and data of the Mobile Application under the terms of the Agreement.
User Device — a smartphone, mobile phone, tablet PC with Internet communication functions (not flash cards), etc., devices with which the Mobile Application can be used.
Authorization is the User’s login to the Mobile Application using the authentication data of the User’s Account.
Account — a User account created during Registration, containing information necessary to identify the User when providing access to the Mobile Application. Such an account includes, among other things, the User name and password (or other similar means of authentication). The account must be active, not deleted /not blocked.
User Registration (Registration) is the procedure of providing the User with information necessary for his/her identification in the Mobile Application .
User Profile (Profile) is a collection of data that contains the current environment of the User (personal data, settings and application parameters). The Profile is an integral part of each Account.
Content — design elements, scripts, illustrations, graphic images, photographs, texts, audiovisual works, and other objects, including the results of intellectual activity, the rights to use which may belong to the Licensor, Users or third parties.
Licensed content — files and data, the rights to use which belong to the Licensor on the basis of relevant agreements with the copyright holders.
User Generated Content — files and data, the rights to use which belong to the User on the basis of relevant agreements with the copyright holders .
Licensor’s Partners are legal entities that have entered into agreements with the Licensor for the provision of services.
Mobile application "Proathlete" (Mobile application) — software owned by the Licensor, installed in the User’s Device, as a result of using which the User gains access to the Licensed and User Content.
Licensor — Limited Liability Company "Information Technologies Sport Plus", located at the address: Moscow, Presnenskaya Embankment, 8, building 1, floor 60, room 603, which is the holder of the exclusive right to the Mobile Application.
User — an individual who has an Account in the Mobile Application and who uses it to access the capabilities and data of the Mobile Application under the terms of the Agreement.
User Device — a smartphone, mobile phone, tablet PC with Internet communication functions (not flash cards), etc., devices with which the Mobile Application can be used.
Authorization is the User’s login to the Mobile Application using the authentication data of the User’s Account.
Account — a User account created during Registration, containing information necessary to identify the User when providing access to the Mobile Application. Such an account includes, among other things, the User name and password (or other similar means of authentication). The account must be active, not deleted /not blocked.
User Registration (Registration) is the procedure of providing the User with information necessary for his/her identification in the Mobile Application .
User Profile (Profile) is a collection of data that contains the current environment of the User (personal data, settings and application parameters). The Profile is an integral part of each Account.
Content — design elements, scripts, illustrations, graphic images, photographs, texts, audiovisual works, and other objects, including the results of intellectual activity, the rights to use which may belong to the Licensor, Users or third parties.
Licensed content — files and data, the rights to use which belong to the Licensor on the basis of relevant agreements with the copyright holders.
User Generated Content — files and data, the rights to use which belong to the User on the basis of relevant agreements with the copyright holders .
Licensor’s Partners are legal entities that have entered into agreements with the Licensor for the provision of services.
2. SUBJECT OF THE AGREEMEN
2.1. The Licensor, for a fee, under the terms of a simple (non-exclusive) license, grants the User the right to use the Mobile Application.
Methods of use that are not explicitly provided to the User under the Agreement are considered not to have been provided by the Licensor to the User.
2.2. The Agreement does not grant the User an exclusive right to the Mobile Application, but only the right to use it in accordance with the terms of the Agreement. The Licensor remains the owner of the Mobile Application.
2.3. The Agreement is concluded before or immediately at the time of commencement of use of the Mobile Application and is valid for the entire duration of the Licensor's exclusive right to the Mobile Application, subject to the proper fulfillment of the terms of the Agreement by the User. If the User does not agree to comply with the Agreement, such User must not use the Mobile Application.
2.4. The Licensor has the right to revoke its permission to use the Mobile Application at any time.
Methods of use that are not explicitly provided to the User under the Agreement are considered not to have been provided by the Licensor to the User.
2.2. The Agreement does not grant the User an exclusive right to the Mobile Application, but only the right to use it in accordance with the terms of the Agreement. The Licensor remains the owner of the Mobile Application.
2.3. The Agreement is concluded before or immediately at the time of commencement of use of the Mobile Application and is valid for the entire duration of the Licensor's exclusive right to the Mobile Application, subject to the proper fulfillment of the terms of the Agreement by the User. If the User does not agree to comply with the Agreement, such User must not use the Mobile Application.
2.4. The Licensor has the right to revoke its permission to use the Mobile Application at any time.
3. TERMS OF USE OF INDIVIDUAL FUNCTIONS OF THE MOBILE APPLICATION
3.1. Some functions of the Mobile Application can only be performed with access to the Internet. The User independently obtains and pays for such access under the terms and rates of their communications operator or provider.
3.3. The Licensor reserves the right, at its sole discretion, to restrict the User’s access to the Mobile Application (or to certain of its functions, if technically possible) in the event of repeated violation of the Agreement, or to apply other measures to the User in order to comply with the requirements of the law or the rights and legitimate interests of third parties.
3.3. The Licensor reserves the right, at its sole discretion, to restrict the User’s access to the Mobile Application (or to certain of its functions, if technically possible) in the event of repeated violation of the Agreement, or to apply other measures to the User in order to comply with the requirements of the law or the rights and legitimate interests of third parties.
4. PROHIBITED ACTIONS
4.1. When using the Mobile Application, the User does not have the right to:
- Modify, decompose, disassemble, decrypt, disassemble, make changes and perform other actions with the object code of the Mobile Application, aimed at obtaining information about the implementation of algorithms used in the Mobile Application and/or extracting Content, create derivative works using the Mobile Application, as well as carry out (permit the implementation of) other use of the Mobile Application, without the prior written permission of the Licensor;
- Change or remove any copyright information;
- Change the name of the Mobile Application;
- Use the Mobile Application in any way that contradicts the current legislation of the Russian Federation;
- Reproduce, distribute or provide network access to the Mobile Application for commercial purposes without the prior written permission of the Licensor;
5. PROPERTY RIGHTS TO CONTENT
5.1. Except as otherwise provided by the Agreement and the current legislation of the Russian Federation, no Content may be copied (reproduced), processed, distributed, displayed in another mobile application and/or website, published, downloaded, transferred, sold or otherwise used in whole or in part, without the prior permission of the copyright holder, except in cases where the copyright holder has explicitly expressed his consent to the free use of the Content by any person.
5.2. The use of Content and materials to which the User has gained access exclusively for personal non-commercial use is permitted provided that all signs of authorship (copyrights) or other notices of authorship are preserved, the author’s name is preserved unchanged, and the work (unit of Content) is preserved unchanged.
5.3. Any use of the Mobile Application, Licensed Content or Content, other than as expressly permitted in the Agreement, without the prior written permission of the Licensor, the copyright holder, is strictly prohibited.
5.2. The use of Content and materials to which the User has gained access exclusively for personal non-commercial use is permitted provided that all signs of authorship (copyrights) or other notices of authorship are preserved, the author’s name is preserved unchanged, and the work (unit of Content) is preserved unchanged.
5.3. Any use of the Mobile Application, Licensed Content or Content, other than as expressly permitted in the Agreement, without the prior written permission of the Licensor, the copyright holder, is strictly prohibited.
6. TARIFF PLANS
6.1 General conditions
6.1.1. The Licensor, for a limited period of time (hereinafter referred to as the "Access Period") and for a fee in the amount and manner stipulated in the Agreement, provides the User with access to the capabilities of the Mobile Application .
6.1.2. The Licensor has the right to determine and provide Users with different sets of Options. Each set of Options constitutes a separate tariff plan (hereinafter referred to as the "Tariff Plan"). The Licensor determines the Access Period and the cost of each Tariff Plan separately. Payment for the Tariff Plan is made in advance.
6.1.3. Connection and payment for the Tariff Plan may be made on the following terms:
6.1.5. The Licensor has the right to create, define Options and change sets of Options, delete Options. 6.1.6. The Licensor has the right to change Tariff Plans and the terms of their provision to Users unilaterally. In this case, the Access Period and the amount of fee corresponding to the Access Period are not subject to change in relation to the actually paid Tariff Plan for the corresponding Access Period, provided that it is paid before the new terms of the Access Period and the cost of the Tariff Plan come into force. 6.1.7. The Licensor has the right to include special offers in the Tariff Plan.
6.1.8. The list of current Tariff Plans offered by the Licensor for purchase by the User is indicated in the relevant section in the Mobile Application interface.
6.1.10. The paid Tariff Plan does not cease to be effective in the event of non-use and/or deletion of the Mobile Application from the User’s Device, as well as in the event of deletion and/or blocking of the User’s Account.
6.2. Terms of Use and Payment for the Subscription
6.2.1. One Subscription is provided for one User Account and/or one payment system identifier (Apple ID or Google ID). 6.2.2. The opportunity to use the Subscription is provided by the Licensor to the User from the moment the Licensor receives confirmation of the debiting of funds from the relevant payment system (Apple Store or Google Play or other stores, schools). The Licensor is considered to have fulfilled its obligations to provide access to the capabilities of the Mobile Application, at the time of providing such capabilities.
6.2.3. The Subscription does not terminate in the event of non-use and/or deletion of the Mobile Application from the User’s Device, as well as in the event of deletion and/or blocking of the User Account. 6.2.4. The fee for the Tariff Plan under the Subscription terms is charged to the User no earlier than 24 hours before the start of the next Access Period. If the User decides to cancel the Subscription before the fee for the Tariff Plan is debited from his account, he must cancel the Subscription no less than 48 hours before the end of the Access Period.
6.3. Terms of Subscription Connection via the App Store
6.3.1. Tariff Plans available for connection, as well as the Try&Buy period, are indicated in the corresponding section in the Mobile Application interface.
6.3.2. The access period, as well as the cost of available Tariff Plans, are indicated in the corresponding section in the Mobile Application interface. 6.3.3. Subscription connection and Tariff Plan payment are carried out using the "In-App Subscription" technology ("In- App Subscription"). Subscriptions "), the descriptions and rules of which can be found at the link: http://www.apple.com/legal/itunes/ww/.
6.4. Terms of Subscription Connection via Google Play Market
6.4.1. Tariff Plans available for connection, as well as the Try&Buy period, are specified in the corresponding section in the Mobile Application interface.
6.4.2. The access period, as well as the cost of available Tariff Plans, are specified in the corresponding section in the Mobile Application interface. 6.4.3. Subscription connection and Tariff Plan payment are carried out using the "Purchase within Applications" technology ("Google in-App Purchase "), the descriptions and rules of which can be found at the link: https://play.google.com/intl/ru_ru/about/play-terms.html
6.4.4 If the subscription is connected through other stores or organizations, the terms of use of the subscription are regulated by the policy of the store operating on the basis of the operating system of the device,
6.4.5 For questions about canceling a subscription, you can write to Danil_N@aqprogram.comor to the contact person of the store or organization from which the subscription was purchased.
6.1.1. The Licensor, for a limited period of time (hereinafter referred to as the "Access Period") and for a fee in the amount and manner stipulated in the Agreement, provides the User with access to the capabilities of the Mobile Application .
6.1.2. The Licensor has the right to determine and provide Users with different sets of Options. Each set of Options constitutes a separate tariff plan (hereinafter referred to as the "Tariff Plan"). The Licensor determines the Access Period and the cost of each Tariff Plan separately. Payment for the Tariff Plan is made in advance.
6.1.3. Connection and payment for the Tariff Plan may be made on the following terms:
- automatic regular payment of the fee for the Tariff Plan and renewal of the Tariff Plan for the Access Period (hereinafter referred to as the "Subscription");
- one-time payment for one or several Access Periods (hereinafter referred to as the "One-time Purchase").
6.1.5. The Licensor has the right to create, define Options and change sets of Options, delete Options. 6.1.6. The Licensor has the right to change Tariff Plans and the terms of their provision to Users unilaterally. In this case, the Access Period and the amount of fee corresponding to the Access Period are not subject to change in relation to the actually paid Tariff Plan for the corresponding Access Period, provided that it is paid before the new terms of the Access Period and the cost of the Tariff Plan come into force. 6.1.7. The Licensor has the right to include special offers in the Tariff Plan.
6.1.8. The list of current Tariff Plans offered by the Licensor for purchase by the User is indicated in the relevant section in the Mobile Application interface.
6.1.10. The paid Tariff Plan does not cease to be effective in the event of non-use and/or deletion of the Mobile Application from the User’s Device, as well as in the event of deletion and/or blocking of the User’s Account.
6.2. Terms of Use and Payment for the Subscription
6.2.1. One Subscription is provided for one User Account and/or one payment system identifier (Apple ID or Google ID). 6.2.2. The opportunity to use the Subscription is provided by the Licensor to the User from the moment the Licensor receives confirmation of the debiting of funds from the relevant payment system (Apple Store or Google Play or other stores, schools). The Licensor is considered to have fulfilled its obligations to provide access to the capabilities of the Mobile Application, at the time of providing such capabilities.
6.2.3. The Subscription does not terminate in the event of non-use and/or deletion of the Mobile Application from the User’s Device, as well as in the event of deletion and/or blocking of the User Account. 6.2.4. The fee for the Tariff Plan under the Subscription terms is charged to the User no earlier than 24 hours before the start of the next Access Period. If the User decides to cancel the Subscription before the fee for the Tariff Plan is debited from his account, he must cancel the Subscription no less than 48 hours before the end of the Access Period.
6.3. Terms of Subscription Connection via the App Store
6.3.1. Tariff Plans available for connection, as well as the Try&Buy period, are indicated in the corresponding section in the Mobile Application interface.
6.3.2. The access period, as well as the cost of available Tariff Plans, are indicated in the corresponding section in the Mobile Application interface. 6.3.3. Subscription connection and Tariff Plan payment are carried out using the "In-App Subscription" technology ("In- App Subscription"). Subscriptions "), the descriptions and rules of which can be found at the link: http://www.apple.com/legal/itunes/ww/.
6.4. Terms of Subscription Connection via Google Play Market
6.4.1. Tariff Plans available for connection, as well as the Try&Buy period, are specified in the corresponding section in the Mobile Application interface.
6.4.2. The access period, as well as the cost of available Tariff Plans, are specified in the corresponding section in the Mobile Application interface. 6.4.3. Subscription connection and Tariff Plan payment are carried out using the "Purchase within Applications" technology ("Google in-App Purchase "), the descriptions and rules of which can be found at the link: https://play.google.com/intl/ru_ru/about/play-terms.html
6.4.4 If the subscription is connected through other stores or organizations, the terms of use of the subscription are regulated by the policy of the store operating on the basis of the operating system of the device,
6.4.5 For questions about canceling a subscription, you can write to Danil_N@aqprogram.comor to the contact person of the store or organization from which the subscription was purchased.
7. WARRANTIES AND LIABILITY
7.1. The User shall be liable to the Licensor for compliance with the terms of the Agreement.
7.2. The User agrees to compensate the Licensor for any losses incurred by the Licensor in connection with the User’s use of the Mobile Application and/or the User’s violation of the terms of the Agreement. The Licensor reserves the right to prosecute violators of exclusive rights to the results of intellectual activity and the terms of the Agreement in accordance with the administrative, civil and criminal legislation of the Russian Federation at its own discretion. 7.3. The Mobile Application is provided on an "as is" basis (as is). The Licensor does not provide any guarantees regarding the error-free and uninterrupted operation of the Mobile Application or its individual components and/or functions, the compliance of the Mobile Application with any purposes and expectations of the User, and does not provide any other guarantees that are not expressly specified in this Agreement.
7.4. The Licensor does not assume any obligations and does not bear any liability for any direct or indirect consequences of any use or inability to use the Mobile Application and/or damage caused to the User and/or third parties as a result of any use, non-use or inability to use the Mobile Application or its individual components and/or functions, including due to possible errors or failures in the operation of the Mobile Application, except for cases expressly provided for by the legislation of the Russian Federation. 7.5. The Licensor shall not be liable for the occurrence of direct or indirect damage and lost profits of the User or other third parties caused by the deletion or blocking of the User Account, Content, Licensed Content, User Content. 7.6. The Licensor shall not be liable for the inability to use the Mobile Application as a result of deletion or blocking of the Account of such User.7.7. The Licensor shall not be liable for charging the User double for the Tariff Plan if the User has not disabled the active Tariff Plan and has connected another Tariff Plan, bypassing the Mobile Application.7.8. The User is hereby notified and agrees that when using the Mobile Application, the following information is automatically and anonymously (without being linked to the User) transferred to the Licensor: the type of operating system of the User’s mobile device, the version and identifier of the Mobile Application, statistics on the use of the functions of the Mobile Application, as well as other technical information.
7.2. The User agrees to compensate the Licensor for any losses incurred by the Licensor in connection with the User’s use of the Mobile Application and/or the User’s violation of the terms of the Agreement. The Licensor reserves the right to prosecute violators of exclusive rights to the results of intellectual activity and the terms of the Agreement in accordance with the administrative, civil and criminal legislation of the Russian Federation at its own discretion. 7.3. The Mobile Application is provided on an "as is" basis (as is). The Licensor does not provide any guarantees regarding the error-free and uninterrupted operation of the Mobile Application or its individual components and/or functions, the compliance of the Mobile Application with any purposes and expectations of the User, and does not provide any other guarantees that are not expressly specified in this Agreement.
7.4. The Licensor does not assume any obligations and does not bear any liability for any direct or indirect consequences of any use or inability to use the Mobile Application and/or damage caused to the User and/or third parties as a result of any use, non-use or inability to use the Mobile Application or its individual components and/or functions, including due to possible errors or failures in the operation of the Mobile Application, except for cases expressly provided for by the legislation of the Russian Federation. 7.5. The Licensor shall not be liable for the occurrence of direct or indirect damage and lost profits of the User or other third parties caused by the deletion or blocking of the User Account, Content, Licensed Content, User Content. 7.6. The Licensor shall not be liable for the inability to use the Mobile Application as a result of deletion or blocking of the Account of such User.7.7. The Licensor shall not be liable for charging the User double for the Tariff Plan if the User has not disabled the active Tariff Plan and has connected another Tariff Plan, bypassing the Mobile Application.7.8. The User is hereby notified and agrees that when using the Mobile Application, the following information is automatically and anonymously (without being linked to the User) transferred to the Licensor: the type of operating system of the User’s mobile device, the version and identifier of the Mobile Application, statistics on the use of the functions of the Mobile Application, as well as other technical information.
8. UPDATES AND ADDITIONS
8.1. The terms of the Agreement apply to any updates/new versions, additions to the Mobile Application, except for cases when such an update is accompanied by a separate license agreement. By agreeing to install an update/new version, addition to the Mobile Application, the User accepts the terms of the Agreement for the corresponding updates/new versions of the Mobile Application, unless the update/installation of a new version of the Mobile Application is accompanied by another license agreement.
9. CHANGES TO THE TERMS OF THE AGREEMENT
9.1. The Licensor reserves the right, at its sole discretion, to change the Agreement, subject to the publication of this Agreement in the Mobile Application 10 (ten) calendar days before such changes come into force. If the User continues to use the Mobile Application after the Agreement has been changed, this means that such changes have been accepted by the User.
10. CONFIDENTIALITY
10.1. All User information from the User Profile is available to the Mobile Application with the consent of the User, which the User confirms during Authorization in the Mobile Application. The Licensor does not transfer information from User Profiles except in cases established by the current legislation of the Russian Federation.
11. FINAL PROVISIONS
11.1. The Agreement shall be governed by and interpreted in accordance with the laws of the Russian Federation. Issues not regulated by the Agreement shall be resolved in accordance with the laws of the Russian Federation.
11.2. If for one reason or another one or more provisions of the Agreement is invalid or has no legal force, this shall not affect the validity or applicability of the remaining provisions. 11.3. All questions and claims related to the use/inability to use the Mobile Application, as well as a possible violation by the Mobile Application of the laws of the Russian Federation and/or the rights of third parties, should be sent to ITsportplus@yandex.ru or to the address: Moscow , Presnenskaya Embankment, 8, building 1, floor 60, office 603.
11.2. If for one reason or another one or more provisions of the Agreement is invalid or has no legal force, this shall not affect the validity or applicability of the remaining provisions. 11.3. All questions and claims related to the use/inability to use the Mobile Application, as well as a possible violation by the Mobile Application of the laws of the Russian Federation and/or the rights of third parties, should be sent to ITsportplus@yandex.ru or to the address: Moscow , Presnenskaya Embankment, 8, building 1, floor 60, office 603.
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