The License Agreement is an offer of AO “VIEWEVO” (JSC) (hereinafter referred to the “Rightholder”) to enter into the agreement upon the terms and conditions stated below.
Please read the terms and conditions of this License Agreement before using the Mobile application and/or the Service. Using the Mobile application and/or Service on other conditions is not allowed.
This Agreement is between User and the Rightholder only and not with any of the App Stores. Therefore, the Rightholder is solely responsible for the Mobile application and its content.
1. Terms and Definitions
1.1. Words and phrases used in this License Agreement have the following meanings unless otherwise is expressly specified hereinafter: а) License (Agreement)
means the text of this document with all its annexes, amendments and addendums displayed while installation process of the Mobile application or during the start of its using. b) User
means a person who entered into this Agreement with the Rightholder for its own benefit or for the benefit of others due to requirements of the legislation in force and this Agreement. c) Mobile application
means the Rightholder’s software program “ViewEvo” intended for installation and use on the Device. d) Device
means any mobile phone, communicator, smartphone, tablet, or other device which allows to use the Mobile application according to its functional purpose. e) Service
means a set of information services and their associated functionality provided to User within the Mobile application for the purposes of identification of goods depicted in Content and automatic search of such good’s purchase offers in the Internet.f) Account
means personal part of the Service available for the User through the Mobile application after registration and/or authorization process is completed. The account is intended to store the User’s personal information. g) Content
means graphic, audiovisual and other materials that Users create and upload to the Service using the Mobile application for the purposes of identification of goods depicted therein and automatic search of such good’s offers in the Internet. h) App Store
mean Google Play, Apple AppStore, Amazon Appstore and other similar services and platforms for distribution of software for mobile devices.
1.2. This Agreement can use other terms and definitions not stipulated in clause 1.1. hereof. In such case such the term should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term of definition should be interpreted firstly according to mandatory documents stipulated therein, secondly – according to the applicable laws and after that – according to business custom and doctrine.
1.3. In case applicable law and/or the Rightholder’s agreements with the App Stores stipulates different mandatory rules that cannot be altered by this Agreement or that this Agreement has to comply with, the relationships between the Parties shall be governed by such mandatory rules and this Agreement shall be applied to the extent it complies with such rules. 2. License
2.1. Once this Agreement is executed the Rightholder grants the User the rights to use the related version of the Mobile application on the terms of a non-exclusive non-transferable license worldwide during the set term.
2.2. The User may only use the Mobile application on a Device that he/she owns or controls and as permitted by the App Store's terms and conditions.
2.3. To execute this Agreement it is sufficient for the User to perform the actions stated below:
· reproduction (record) or launch of the Mobile application on the Device,
The fulfillment of above mentioned actions confirm that the User has reviewed and fully and absolutely agrees to the full extent to the terms set forth herein, and creates the agreement under the given conditions between the User and the Rightholder.
2.4. The User has the right to use the Mobile application according to the terms and conditions hereof in the following ways:
2.4.1 To reproduce (record) the Mobile application on the Device;
2.4.2. To launch and use the Mobile Application for its functional purpose on the Device;
2.5. The term of this License to use the Mobile application is not limited.3. Use of the Mobile application and the Service
3.1. Use of certain functions of the Mobile application requires registration and/or authorization of User with the Service according to the procedure set forth by the Rightholder.
3.2. The functionality of the Mobile application and the Service including one that is available exclusively after the registration and/or authorization with the Service is a subject of the Rightholder’s sole discretion and may be changed from time to time without prior notification of User. The functionality of the Mobile application and the Service actually available to User may differ depending on the territory where the Mobile application is being used.
3.3. Rightholder makes no warranties and assumes no responsibility with respect to the accuracy of the results of use of the Mobile application’s and/or the Service’s functionality, specifically, Rightholder makes no warranties that goods depicted in the User’s Content will be accurately identified without mistakes including any of their features (their manufacturer, name, model, seller, etc.).
3.4. In any case Rightholder reserves the right to provide User with information about goods that are different from the goods depicted in the User’s Content (alternative goods). At that, Rightholder makes no warranties and assumes no responsibility that the alternative goods are equal in any part to the ones depicted in the User’s Content or that the alternative goods meet any requirements or expectations of User.
3.5. The third parties, not the Rightholder, are the source of available in the Mobile application information about the goods. For more detailed information about the goods the User can request such third parties. The Rightholder shall not be responsible for the content and/or accuracy of any information about the goods including but not limited to information about the goods’ prices and their actual availability for purchase at a given point in time.
3.6. User acknowledges and agrees that when using the links available in the Mobile application User visits websites that are owned by and/or under control of the third parties, not the Rightholder. Rightholder makes no warranties and assumes no responsibility with respect to the third party websites that User visits when using the links available in the Mobile application including its content, accuracy and legality of information available at such websites, security and confidentiality of information provided by User to the third parties at such websites.
3.7. Links to the third party web-sites are made available in the Mobile application solely as a convenience to the User. Rightholder provides no guarantee that the third party website is appropriate or available for use in a certain area. User follows available in the Mobile application links on its own initiative and solely responsible for compliance with applicable laws including but not limited to the laws of the country of the User’s location.
3.8. All the User’s interactions with third parties with respect to acquiring Goods are to be made solely by User, without participation of the Rightholder. The Rightholder shall not be responsible for any financial or any other transactions made by User at the third parties websites that User visited by the link available in the Mobile application as well as for any actions/inactions of such third parties, Goods and any consequences of User’s purchase of Goods.
3.9. Rightholder does not provide any paid services in the Mobile application including but limited to when User purchases the goods information of which is available in the Mobile application.
3.10. The User acknowledges and accepts risks associated with transmission of personal data and other secured information through the Mobile application and Internet. Security and confidentiality of data on the Device shall be ensured by User on its own. 4.Limitations of use
4.1. Any rights to and methods of use of the Mobile application not expressly specified in this Agreement shall not be deemed granted (prohibited) to User.
4.2. The use of intellectual property contained or used in the Mobile application, such as software, databases, texts, images, design, databases, know-how, trade marks, brand names and any others, is allowed solely in course of use of the Mobile application’s functionality. User accepts and agrees that the use of the Mobile application does not constitute any User’s rights to use this intellectual property, except as expressly stated in this Agreement.
4.3. It is strictly prohibited for User or any third party to copy, reproduce, modify, redesign, display, distribute, make public, transfer, sell or to use by any other method the intellectual property contained in the Mobile application, either whole or in pieces, without prior permission of the Rightholder or owner of such intellectual property, except when the Rightholder or such owner expressly permitted free use of intellectual property by any person or entity.
4.4. Information about goods and any other information available in the Mobile application are intended exclusively for User’s personal non-commercial use in course of use of the Mobile application’s functionality. Any extraction, copying, reproduction, modification, distribution of information about goods and any other information available in the Mobile application, its placement in public domain (publication) in the Internet, any its use in mass media and/or for commercial purposes and any other use that is not expressly permitted by this Agreement or the Russian legislation, beyond the use of the Mobile application’s functionality, is prohibited without prior written permission of the Rightholder.
4.5. User is strictly prohibited from using the Mobile application and/or the Service for creation, storage and/or distribution of Content that:
a. is illegal (prohibited information), harmful, offend morality, demonstrate (or propagate) violence and cruelty, promote hatred and/or discrimination people on racial, ethnic, sexual, religious, social grounds, contains elements (or is propaganda) of pornography, children erotica, constitute an advertisement (or a promotion) of sexual services (including under the guise of other services), explain the procedure of manufacture, application or other use of drugs or their analogues, explosives or other weapons;
b. violates personal non-property rights or intellectual property rights;
с. otherwise violates provisions of the applicable law as well as common moral and ethical standards.
4.6. The Rightholder has the right to set technical restrictions on the use of the Mobile application and/or the Service; the Rightholder will inform the User about abovementioned limitations from time to time in the manner at the Rightholder’s discretion.
4.7. In case use of the Mobile application according to the applicable laws at the User’s location constitutes a prohibited activities or activity that requires special permissions, submission notifications, etc., User shall refrain from use of the Mobile application or its respective functions and shall be solely liable for violation of this provision.
4.8. The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.5. Warranty and Liability under the License
5.1. THE MOBILE APPLICATION AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, RIGHTHOLDER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT TO MOBILE APPLICATION AND SERVICE WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. RIGHTHOLDER MAKES NO WARRANTIES THAT MOBILE APPLICATION AND/OR THE SERVICE WILL CORRESPOND TO USER’S DEMANDS, THAT THEY WILL FUNCTION IN COMBINATION CHOSEN FOR THE USE OR TOGETHER WITH DIFFERENT PRODUCTS OF A THIRD PARTY, THAT FUNCTIONING OF MOBILE APPLICATION AND OR THE SERVICE WILL BE FAILURE-FREE OR FAULT-FREE, AND THAT ALL FAULTS OF MOBILE APPLICATION OR THE SERVICE WILL BE CORRECTED.
5.2. Since functionality of the Mobile application and the Service are constantly supplemented and updated, the form and the nature of the Mobile application or the Service can be changed from time to time without prior notice of the User. The Rightholder has the right at his own discretion to stop (temporarily or finally) providing or supporting the Mobile application and/or the Service to Users, and also to alter or withdraw the License without prior notice.
5.3. The Rightholder has no obligation under this Agreement to provide any maintenance or support with respect to the Mobile application. To the extent that any maintenance or support is required by applicable law, the Righholder, not the App Store, shall be obligated to furnish any such maintenance or support.
5.4. The Rightholder has no connection with the Content that Users create and store using the Mobile application and the Service. Rightholder does not check the Content or its components as well as its compliance with any kind of requirements and that the Users have all necessary rights. Any and all responsibility for the Content and its compliance to applicable requirements rests with User.
5.5. The Rightholder is not responsible for any violations committed by the User as well as for any damages or losses caused by such violations.
5.6. The User is responsible for any violation of the obligations stipulated by the Agreement and (or) an applicable legislation, and also for all the consequences of such violations (including any damages which the Rightholder and other third parties can suffer).
5.7. In case the Rightholder will be prosecuted or penalized due to the User’s violations of the rights and/or the interests of third parties, as well as violations of the restrictions or limitations set by the law, such User has to reimburse all the damages of the Rightholder.
5.8. UNDER NO CIRCUMSTANCES SHALL RIGHTHOLDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, STATUTORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OF ANY KIND WHATSOEVER, OR FOR ANY LOST PROFITS, BUSINESS OR REVENUE, LOSS OF USE OR GOODWILL, OR OTHER LOST ECONOMIC ADVANTAGE, ARISING OUT OF OR RELATED TO THE USE OF MOBILE APPLICATION, THE SERVICE OR THIS AGREEMENT OR THE BREACH HEREOF, WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, STRICT LIABILITY, TORT, ANY FEDERAL OR STATE STATUTORY CLAIM, OR ANY OTHER LEGAL THEORY AND EVEN IF RIGHTHOLDER KNEW, SHOULD HAVE KNOWN, OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.9. Cumulative liability of the Rightholder under the Agreement in any event is limited by the documented damage suffered by the User in the amount which may not exceed RUB 1000, and the Rightholder bears such liability is there is his fault in causing such damage.
5.10. In the event of any third party claim that the Mobile application or the User’s possession and use of the Mobile application infringes that third party’s intellectual property rights, the Rightholder, not App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.The Rightholder, not App Store, is responsible for addressing any claims of the User or any third party relating to the Mobile application or the User’s possession and/or use of that Mobile application, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.The provisions of this paragraph under no circumstances may be deemed a prejudice to the provisions of other paragraphs of this Agreement and in any case shall not be understood as stipulating liability of the Rightholder for any User’s actions that constitute infringement of the third party’s rights, including the User’s actions performed with use of the Mobile application; the provisions of this paragraph does not eliminate or reduce the User’s liability for any violation committed by User.
5.11. Some jurisdictions do not allow the exclusion of certain types of warranties/liabilities or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to User. This Agreement may not limit liability of the Rightholder to the User beyond what is permitted by applicable law. But in such a case the exclusions and limitations set forth in this Section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty and/or liability exists under law that cannot be disclaimed, the Rightholder, not the App Store, shall be solely responsible for such warranty and/or liability.
5.12. Depending on the App Store’s policy, in the event of any failure of the Mobile application to conform to any applicable warranty, the User may notify App Store, and App Store will refund the purchase price for the Mobile application to that User. To the maximum extent permitted by applicable law, App Store has no other warranty obligation whatsoever with respect to the Mobile application. 6. Updates/new versions
6.1. The Mobile application may from time to time automatically download and install updates that designed to improve the Mobile application and may be in the form of patches, additional modules or completely new versions of the Mobile application. User hereby acknowledges and agrees with such automatic updating of the Mobile application including request, download and installation of the updates onto User’s Device without any further notifications.
6.2. This License shall govern all further updates/new versions of the Mobile application. Installation of the update/new version of the Mobile application shall be deemed as User’s acceptance of this License with respect to relevant updates/new versions of the Mobile application unless such installation is accompanied by a different license agreement.7. Personal information and notifications
that constitutes an integral part of this Agreement.
7.2. User agrees to receive via e-mail or phone number electronic informational messages (hereinafter referred to as “Notifications”) about important events occurring within the Service.
7.3. Rightholder is also allowed to use Notifications to inform the User about changes in the functionality of the Mobile application and/or the Service, amendment of this Agreement and also for the distribution of advertising materials. 8. Final provisions
8.1. This Agreement, procedure for its concluding and executing and also any issues not provided herein shall be governed by the applicable laws of the Russian Federation. Your use of the Mobile application may also be subject to other local, state, national, or international laws.
8.2. In case any provision of this Agreement is declared illegal, invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.
8.3. Any dispute arising from the Agreement or in connection with it shall be subject to settlement in competent court of Moscow city, Russian Federation, at the location of the Rightholder in accordance with the procedural law of the Russian Federation. Pre-court dispute settlement procedure is mandatory. Complaint shall be answered within 30 (Thirty) days from its receipt by the Party.
8.4. This Agreement could be altered or terminated by the Rightholder unilaterally and without prior notification of the User and without payment of any compensation in this regard. This Agreement will terminate immediately, without prior notice from the Rightholder, in the event that User fails to comply with any provision of this Agreement. User may also terminate this Agreement by deleting the Mobile application and all copies thereof from the Device.
8.5. In case of termination of this Agreement User shall immediately stop using the Mobile application and delete it from the Device.
8.6. The Rightholder and the User acknowledge and agree that App Store, and its subsidiaries, are third party beneficiaries of this Agreement. Upon the User’s acceptance of the terms and conditions of this Agreement, App Store will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third party beneficiary thereof.
9. The Rightholder’s details:
Version of «24» May 2021.