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TERMS OF USE FOR THE MOBILE APPLICATION "UPLIFE"
1. DEFINITION OF CONCEPTS
In the text of this Agreement, the following terms are given the following meaning:
"Company", "We", "Our", "Us" or any other similar derivatives (depending on the context) means the following person: TOV "OLEARIS", address of location: Ukraine, 61105, Kharkiv, Heroiv of Stalingrada 23, of. 1, which owns or operates the Application.
"Application Content" means all objects posted by the Company and / or third parties (with the permission of the Company) in the Application, including audio content, articles, design elements, text, graphics, illustrations, virtual objects, programs, music, sounds, information, notifications and any other similar objects, their collections or combinations.
"Updates" means a software patch or software package for the Application, which is released from time to time by the Company, is offered for free download by Users who are already using the Application, and is aimed at introducing new functionality,, eliminating bugs (errors) in the Application or introducing new software components to ensure greater security and compatibility of the Application with devices.
"Platform" means the cloud platform on which the Company has placed the Application for its subsequent download by the User. This Application is available for download from the App Store and Google Play.
"Application Software" means software developed by the Company (and / or third parties on behalf of the Company) for the Application, including, but not limited to, all software, scripts, codes, programs, etc.
"User", "You", "Your" or any other similar derivative (as the context requires) means a person who (1) uses the Application and has access to the Services; and (2) has given its consent to comply with the rules for using the Application set forth in the text of this Agreement by using the Application.
"User Content" means (1) all publications made by the User in the Application, including, but not limited to comments; reviews; reports; feedbacks; posted text; likes; ratings and / or any other forms of activity available to the User, as well as (2) any other content created by the User.
"Application" means mobile application UpLife, which the User downloads through the Platform to a smartphone or other device.
"Services" means collectively Application Content and Application Software.
"In-app purchase" means receiving by the User for a fee of additional features and / or functionality for the Application and / or the purchase of any virtual goods / services within the Application.
2. JOINING TO THE AGREEMENT
General Provisions
2.1. This User Agreement (hereinafter the "Agreement") defines the rules and procedure for using the Application, the rights and obligations of Users, and also regulates the behavior of Users when gaining access to the Application and Services.
2.2. The User accepts the terms of this Agreement by continuing to use the Application.
2.3. This Agreement is binding on its parties (i.e. for the Company and the User). The assignment by the User of his rights under this Agreement is possible only after obtaining prior written consent from the Company.
2.4. If you are the legal representative (parent, guardian) of a minor User, then you automatically agree on your own behalf and on behalf of such minor User to the terms of this Agreement.
General criteria and age
3.1. To use the Application, Users must meet the following criteria (cumulatively):
(1) be at least 16 years of age; and
(2) not be limited in the right to access the Application and Services on the basis of a court decision that has entered into legal force, or in cases provided for by applicable law or the terms of this Agreement.
Create a personal account
3.2. To start using the Application an anonymous personal account is created. Personal accounts are not connected to Users personality or identity.
3.3. To create a personal account, the User can provide the following information about themselves (not mandatory): Name, gender and personal development preferences. This information is necessary to personalize the application for the User.
4. INTELLECTUAL PROPERTY
User license
4.1. The User receives a non-exclusive, non-transferable and sublicense license for the Services ONLY for personal (non-commercial) use (hereinafter the "User License"). The User undertakes not to use the Services for any other purpose. The User receives the specified User License ONLY subject to ALL the terms of this Agreement.
4.2. The User License terminates automatically when the Application is removed from the User's smartphone or other device. Nothing in the text of this Agreement should be construed as a right for the User to obtain any other license to use intellectual property belonging to the Company or in its possession, other than the one provided above.
Intellectual property of the company
4.3. The Company owns all, without exception, property rights, including intellectual property rights, to all Application Content, as well as the Application Software. The application software and the application content are protected by copyright, as well as international treaties and conventions in the field of intellectual property protection.
4.4. It is FORBIDDEN for USERS to copy, reproduce, modify, compile, distribute, display in any form, publish, download, transfer, sell (in whole or in part), alienate in any possible way for a fee or gratuitously, transfer to a sublicense, distribute in any way or use the Content of the application and the software of the application, unless such actions are DIRECTLY permitted by the terms of this Agreement.
4.5. Nothing in the text of this Agreement can be interpreted as a transfer to the User of any exclusive rights to the Application Content (in whole or in a separate part) and / or the Application Software.
4.6. The company owns all rights in relation to trademarks, commercial (business) names, brands, logos registered in its name (hereinafter "Trademarks"). Such Trademarks are protected by applicable law and NOTHING in the text of this Agreement can be construed as transferring any license to the User to use such Trademarks.
5. RULES OF WORK WITH THE APP
General Provisions
5.1. The User undertakes to comply with the following rules when working with the Application:
(1) comply with all obligations assumed by the User in connection with joining this Agreement; and
(2) not impersonate any other person, including, but not limited to, not provide any data of third parties (without obtaining direct, prior and informed consent from them) to create a personal account (cabinet); and
(3) inform the Company about the theft of logins, passwords or any other access keys of the User to the personal account (cabinet); and
(4) not provide third parties with access to your account (cabinet) and / or logins, passwords or other access keys; and
(5) not upload, store, publish, distribute, post, advertise, send, provide access or otherwise use User Content that (a) contains threats, discredits, offends, defames honor and dignity or business reputation or violates the privacy of other Users or third parties; and (b) is spam, bullying, vulgar or obscene, contains pornographic images and texts, scenes of a sexual nature, including those involving minors, or scenes of violence, including sexual, against people or animals; and (c) contains any form of incitement to suicide and / or promotes or contributes to the incitement of racial, religious, ethnic hatred or enmity, promotes fascism or ideology of racial superiority, or contains extremist materials; and (d) promotes violation of the rights or legitimate interests of other Users or third parties, or promotes a crime or contains tips / guidelines / instructions for its commission; and (e) violates other rules of this Agreement or is prohibited by applicable law; and
(6) not to take any action (with or without automation tools) aimed at collecting any personal data of other Users; and
(7) not take any action or assist third parties in taking actions aimed at disrupting the operation of the Application and / or Services, including, but not limited to, (a) downloading viruses or malicious code; (b) take actions that may lead to the deactivation of the Application and / or the Services, to the disruption of the normal operation of the Application or its software, or to the deterioration of the appearance of the Application and / or the Content of the Application.
(8) not take any other action that is illegal, fraudulent, discriminatory or misleading.
User rights to posted content
5.2. The User Content you create is an object of intellectual property, protected by applicable law, and therefore the Company does not claim to receive and does not require you to grant it any ownership rights to your User Content. Nothing in the text of this Agreement should be construed as depriving the User of the rights to the User Content created by him or their restriction.
5.3. The user can delete his account in the application, which will permanently delete all user content.
5.4. The License issued by you in this way will automatically terminate if your personal account (cabinet) is deleted or if the Application is deleted from a smartphone or other device.
5.5. The Company undertakes to take all possible steps to protect your personal data, as well as to completely remove your User Content immediately after the circumstances arise to terminate the License.
User Content Requirement
5.6. The Company does not check and cannot verify the materials published by Users within the framework of the User Content they create, and therefore the Company is not responsible for the content of such User Content, for its use and / or its impact on third parties or other Users. Management or ownership of the Application does not mean that the Company endorses, supports, guarantees, distributes and / or believes in the information posted within the User Content. The user is responsible for his own protection and the protection of his device from viruses and other malware. The Company does not assume any responsibility for harm caused as a result of using the Application, its Services and / or User Content (including downloading it).
Feedback on the application
5.7. Each User has the right (but not the obligation) to leave or send his ideas, feedback, suggestions or projects aimed at improving the operation of the Application or the quality of the Services provided. Such reviews can be sent by the User to the following address: info@uplife.app
5.8. In the case of such an idea, feedback, proposal or project, the User automatically grants us a non-exclusive, royalty-free, worldwide license with the right to transfer and issue sub-licenses for storage, use, distribution, modification, launch, copying, public performance or display , translation of your ideas, reviews, suggestions or projects, as well as the creation of derivative works based on them.
5.9. Any such information provided to the Company as User feedback is automatically considered non-confidential.
6. PLACEMENT OF ADVERTISING IN THE APP
Advertising by the company
6.1. The company has the right to post any advertising or marketing materials from time to time.
Placement of advertisements by third parties
6.2. The Application Content may contain links to third party websites and / or advertising or marketing materials about products / services provided by such third parties (hereinafter "Third Party Ads"). THE COMPANY DOES NOT ASSUME ANY LIABILITY (1) FOR THE CONTENT OF THE ADVERTISING OF THIRD PARTIES, AS WELL AS FOR THE AVAILABILITY, QUALITY AND SAFETY OF THE PRODUCTS / SERVICES MADE IN SUCH ADVERTISING; and (2) FOR ANY DAMAGES, LOSSES OR DAMAGES INCLUDED OR CAUSED BY THE USER AS A RESULT OF READING SUCH ADVERTISING, USING THEM PROMOTED IN THE ADVERTISING OF THIRD PARTIES GOODS / SERVICES.
6.3. In the event of a transition to another site through hosted advertising of third parties, the Company cannot guarantee that such a website is safe for the User and / or his computer. Nothing in the text of this Agreement should be interpreted as an assurance, encouragement, recommendation or inducement of the User to use third-party advertising, visit any third-party sites, as well as try, purchase, use any goods / services of third parties.
6.4. Issues related to the protection of personal data of Users when they use Third Party Ads are governed by the Application Privacy Policy.
7. MAKING IN-APP PURCHASES
General Provisions
7.1. The User may be asked to make certain In-app purchases - making such a purchase is an exclusive right, but not an obligation of the User. The purchases made by the In-app User are not subject to the validity / expiration date, such purchases (1) cannot be used outside the operation of the Application (i.e. in real life), and (2) cannot be exchanged by the Company and / or third parties for any real goods / services, and (3) cannot be exchanged for any other In-app purchases made by the User within this Application or any other mobile applications (unless otherwise provided by the functionality of this Appendix).
7.2. The User is hereby deemed to be duly notified that their purchase of an In-app purchase does not give them any right to such In-app purchase. Instead, the User receives a limited, non-transferable, non-sublicense license for the right to use the In-app purchase as part of the operation of the Application and exclusively for private (non-commercial) purposes.
7.3. The Company does not conduct and does not undertake to monitor Users for the correct operation of certain In-app purchases. The User has the right to notify the Company at any time that the In-app purchase made by them does not work and / or its download to the User's smartphone or other device did not take place. In case your In-app purchase does not work and it is not possible to replace it or fix it, Users can claim a refund of the money paid for the purchase of such an In-app purchase. In this case, the refund will be made by the Platform through which the User made the In-app purchase: App store or Google Play. The refund claim should be done directly to the Platform through which the User made the In-app purchase. In case the Platform is App Store, the refund claim should be done here: reportaproblem.apple.com. In case the Platform is Google Play, the refund claim should be done here: https://support.google.com/googleplay/workflow/9813244?p=refundAWF
The Company does not provide any refunds, since all the payments are managed by the Platform and NOT by the Company.
7.4. If the User is under 18 years of age and he has made an In-app purchase, then the Company believes that the User has received all the preliminary necessary permissions from his legal representatives (parents, guardians) to make it.
7.5. If you have any questions regarding payment for an In-app purchase, you should address such questions directly to the Platform through which such a purchase was made.
Payment order
7.6. Payment for In-app purchases is made through the Platform.
7.7. All transactions made by the User to receive In-app purchases are subject to the terms of the User Agreement and other license agreements of the Platform used to pay for such In-app purchases. The User is hereby deemed to be duly notified that billing (invoicing) and the transactions themselves are carried out exclusively by the Platform. The Company does not have access to the list of the User's completed transactions for the implementation of one or another In-app purchase. If the User intends to familiarize himself in more detail with the terms of the User Agreement and license agreements of the Platform, he must click on the following link:
For App Store: https://www.apple.com/legal/internet-services/itun...
For Google Play: https://play.google.com/about/play-terms/index.htm...
Subscription rules
7.8. In-App subscription can be monthly, quarterly, or annual.
7.9. The subscription is subject to AUTOMATIC UPDATE BEFORE THE USER REFUSES IT.
7.10. If there is a delay in payment for the subscription, the User's access is blocked until the payment for the subscription is made in full.
7.11. The user has the right to subscribe at any time by performing the following actions:
The subscription is not mandatory and should be done to get access to the full content of the application. The subscription cost will be debited from your payment account connected to the Platform. 24 hours before the end of the current subscription period, the renewal fee will be deducted from your account, and the cost of such renewal will also be indicated. The subscription renews automatically at the end of each term until you complete the cancellation.
7.12. In case of cancellation of an already paid subscription, the User does not have the right to demand any proportional or full refund of the previously paid amounts for the subscription and continues to use the content until the expiration of the paid subscription period.
7.13. The user has the right to unsubscribe at any time by performing the following actions:
You can cancel your subscription at any time in your App Store or Google account settings, however, there is no refund for unused portion of the services. To avoid being charged for the next billing period, cancel your subscription in your Apple ID, or Google billing account settings at least 24 hours before the end of the trial period or the current subscription period. If you are not sure how to cancel your subscription, please visit the Apple or Google support site.
App Store: https://support.apple.com/ru-ru/HT202039
Google Play: https://support.google.com/googleplay/answer/7018481
Please note that deleting the app does not cancel the subscription.
8. ACCESS TO THE APP
General Provisions
8.1. The Company reserves the right to change or modify the Content of the Application at any time without giving a reason, at its sole discretion and without the need to notify the User about it. The company also reserves the right to modify, stop part or all of the Application at any time without any additional notice. In connection with the foregoing, the Company does not assume any responsibility to Users or third parties for any changes, modifications, deletions, cancellation, termination or interruptions in the operation of the Application.
8.2. The Company does not guarantee that the Application and Services will be available to the User at all times. From time to time, the Company may encounter problems with the operation of equipment, application software or other problems, and therefore the Company may take time to study and eliminate such problems. Such elimination of errors may lead to failures, delays or errors in the operation of the Application. The Company reserves the right to change, revise, update, suspend, stop or otherwise modify the Application at any time or for any reason without prior notice. The User agrees that the Company is not responsible for any loss, damage or inconvenience caused by the User's inability to access or use the Application during the downtime or termination of the Application. Nothing in the terms of this Agreement will be construed as obliging Us to keep the Application running without interruption or interruption.
Providing updates
8.3. From time to time, the Company may provide Updates and require their installation on a smartphone or other device of the User. In this case, the User is the only person responsible for the installation of Updates and is fully responsible for any losses, losses, damage or lost profits caused to the User by untimely installation of Updates or failure to install them at all, incompatibility of the installed Updates and a smartphone / other device.
Account deleting
8.4. The user has the right to stop using the Application at any time by deleting it from his smartphone or other device.
8.5. In the event of (1) violation by the User of the terms of this Agreement or when the Company has reasonable grounds to believe that such violations were committed; and / or (2) violation of intellectual property rights of the Company, other Users or third parties; and / or (3) committing actions that are illegal, violate the rights and interests of the Company, other Users or third parties, or undermine the operation of the Application or the ability to use the Application by other Users; and / or (4) the User uses the Services or the Application in a way that may result in legal liability for the Company in the future; and / or (5) if required by applicable law or the competent state authority, the Company has the right, without prior notice, at any time to terminate (stop) the User's access to the Application and Services by deleting his account.
8.6. In case of deleting the User's account by the User, all data and information posted by the User in the account and / or associated with it will be irrevocably deleted. The Company does not assume any responsibility for the deletion of such data and information, as well as for any harm, damage, loss or loss of profits caused to the User by such deletion and / or lack of access to the Services in general.
In addition, the User does not have the right to demand any refund for the previously paid subscription.
Consequences of deleting an account for in-app purchases
8.7. Regardless of who initiated the deletion of the User's personal account, the Company is not obliged to reimburse or compensate the User for the cost of previously made In-app purchases. The User hereby confirms that he will not demand and has no right to demand from the Company any refund or money for unused In-app purchases.
9. ASK A QUESTION
9..1. If you have any questions regarding the terms of this Agreement or the procedure / method for their execution, you can address your question to us send an email to info@uplife.app
9.2. Employees and representatives of the Company undertake to make every possible effort to respond to your request within a reasonable period of time.
10. LIABILITY
10.1. UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR TO ANY THIRD PARTIES:
(1) FOR ANY INDIRECT, RANDOM unintentionally damage including loss of profits or lost data, damage to dignity or GOODwiLL CAUSED BY USING APPLICATIONS, SERVICES OR OTHER MATERIAL TO WHICH THE USER OR OTHER PERSON be accessed by the application even if THE COMPANY WARNED OR INDICATED THE POSSIBILITY OF SUCH HARM; and
(2) FOR THE ACTIONS OF OTHER USERS, FOR THE USER'S POSTED CONTENT, FOR PRODUCTS / SERVICES PROVIDED BY THIRD PARTIES OR OTHER USERS (EVEN WHEN AVAILABLE TO BE ACCESSED TO and
(3) in cases directly provided for by the terms of this Agreement or the norm of the current legislation.
10.2. Our liability for anything related to the use of the Application and / or Services is limited to the extent permitted by applicable law.
11. DISPUTE RESOLUTION PROCEDURE
11.1. In case of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. In the event that disputes are not resolved through negotiations, disputes are subject to resolution in the manner prescribed by the current legislation of Ukraine.
12. FINAL PROVISIONS
12.1. We may revise, amend or change the terms of this Agreement from time to time. Such changes are usually not retrospective.
THE COMPANY DOES NOT ACCEPT ANY OBLIGATION TO NOTIFY THE USERS OF ANY IMPROVING OR PERMITTED CHANGES TO THE AGREEMENT TEXT. By joining the terms of this Agreement, the User also undertakes to periodically review the terms of this Agreement for changes or additions.
If, after the changes or additions made to the text of the Agreement, the User continues to use the Application, this means that he is familiar with the changes or additions and accepted them in full without any objections.
12.2. Unless otherwise expressly stated in the provisions of this Agreement or does not directly follow from the norms of the current legislation, the substantive law of Ukraine shall apply to the terms of this Agreement.
12.3. An integral part of this Agreement is the Application Privacy Policy.
12.4. If one or more of the terms of this Agreement has lost its legal force or is invalidated in accordance with applicable law, the remaining terms of the Agreement do not lose their force and continue to act as if the invalid or invalidated condition did not exist at all.
12.5. Access to the Application and its Services is provided to the User "as is", We do not promise, guarantee, do not imply that the Services and the Application may or may not suit your needs, goals, expectations, and therefore we do not guarantee any specific result or consequences as a result of your use of the Application and its Services.