1. General Provisions
The present agreement is a formal document, which governs relationships between the Owners of Our App, Site or Game mobile application and its Users.
It is strongly recommended for Users to read carefully the following conditions before they start usage of mobile application, as well as its content, or other related products. By using the mentioned products, you acknowledge your consent to use mobile application in accordance with these Terms and Privacy Policy. If Users do not accept fully or partially the terms of present Agreement, as well as Privacy Policy, they should terminate or not to start the usage of mobile application.
By registering with Our App, Site or Game, as well as actual using of Our App, Site or Game and setting tasks via Our App, Site or Game, including tasks for data sharing, User expresses his full and explicit consent for the collection and processing of mentioned Personal data.
In connection with the terms of Privacy Policy, the present Terms constitute a legally binding Agreement between the Owner of mobile application and its User, from the moment when User provides his acceptance.
2. Terms and Definitions
Mobile application - a computer program, supported by mini-computers running on operational system, as well as content, and other linked products (hereinafter - Our App, Site or Game). Our App, Site or Game is launched and operates as a Platform.
Platform - an online marketplace, located on the, which is used by App's Owners for the purposes of deployment and running of Our App, Site or Game.
Creation of User's Account - the process when User provides us with data, as a condition to start usage of the Our App, Site or Game and allows User's identification within the mobile app.
Service - a set of opportunities, which Our App, Site or Game offers on the basis of its functionality. In particular, it may include posting of User data via Our App, Site or Game, data sharing between the Users, uploading and storage of data by Users within their accounts.
Owners of Our App, Site or Game mobile application (hereinafter - the Owners) - the developers of Our App, Site or Game mobile application, as well as the Owners of the Ukrainian trade mark, and also any person, granted by developers with full scope of substantial intellectual property rights on Our App, Site or Game.
User - a capable person who has reached the age of 16, has registered an account and authorised within the Our App, Site or Game.
User information/data - any information in any format, which is accumulated and uploaded directly by User, as well as transmitted, received or distributed by User by means of Our App, Site or Game, and also information about User himself.
Third Party Materials - data, products (including hardware), content, intellectual property created, published or otherwise received from third parties, other than User and / or Owner.
3. The moment of acceptance of the present Agreement
By using Our App, Site or Game User confirms his acknowledgment and acceptance of terms of the present Agreement in full and with no exemptions. The fact of usage of Our App, Site or Game, in particular, is acknowledged by registering within Our App, Site or Game. The present Agreement becomes legally binding for each particular User from the moment of registration within the Our App, Site or Game.
4. Subject of regulation and Service Description
Our App, Site or Game enables data sharing between Users, their global communications around the world. Our App, Site or Game is charge free, and becomes available for Users from the moment of registration and authorization within mobile application. Our App, Site or Game is targeted to enable personal communications and data sharing between users exclusively for personal and non-commercial purposes.
Mobile application constitutes intellectual property, created on the territory of Ukraine, the full and explicit scope of intellectual property rights in which belongs to the Owners. Therefore, Owners grant Users with limited, non-exclusive license for the Our App, Site or Game, with no sublicense rights, in order to use it exclusively for personal and non-commercial purposes, for personal communications and for sharing of personal non-commercial non-confidential information. Users are not permitted to carry out actions aimed to copy, adapt, modify, decompile, disassemble, decrypt, or in any other form to exploit the source code, the navigation structure of mobile application, linked technical documentation on Our App, Site or Game, as well as not to use App / its particular components for any commercial and other purposes, other than those listed within the present Agreement.
In case if the normal functioning of Our App, Site or Game requires to prepare and with no limitations - to update, modify the program code and / or linked documentation on Our App, Site or Game, than new product versions, optimized functional patches, additional plug-ins etc.- can be automatically performed without the prior User consent. In case if such updated are occurred, User therefore is granted with a similar scope of license rights in the updated functionality / versions of the application, unless otherwise is specifically agreed with respect to the newly released versions / functionality. User agrees to use secure hardware and mobile devices for the installation and running of Our App, Site or Game, and User is solely responsible for any damage, loss that occurs due to non-compliance with mentioned recommendations
Content of Our App, Site or Game.
All the objects, including, but not limited to - texts, User interfaces, graphics, audio, video components, program code, technical documentation, distribution components, navigation structure and app's architecture, logos, symbols etc. constitute the components of Our App, Site or Game (whether or not they are indissoluble elements of the application) as well as the intellectual property of the Owners and can be used, therefore, under the same conditions as the mobile app itself.
Data centers and server where the service is located, and where the data is stored, are located in Ukraine and controlled by Owners. However, User agrees that Owner shall not guarantee that mobile application, content or its components will be free of errors, interferences, defects or other technical problems. Application is provided on "as is" basis, and therefore Owner does not provide any guarantees as to its availability for particular purposes, for installation or downloading. Owner is not responsible for app's non-availability with respect to version limitations, requirements to hardware permits, compatibility, and availability at any given period, as well as for non-infringement of rights in any given jurisdictions. User should also be aware that Our App, Site or Game is open, can be accessed online, and therefore can potentially be subject to cyber-attacks, viruses, and other similar negative activities. Online access a priori does not guarantee the absolute safety of the App; Our App, Site or Game Users use it at their own risk and Owners do not bear any responsibility for damage / loss raised from the threats to information and cyber security.
Our App, Site or Game is based on open API and ensure data encryption in order to preserve the safety of data sharing between Users.
User agrees that he solely bears the risks of choosing particular Third party Materials to transfer their materials, and to share personal data and information. Owners are not liable for the improper data processing through Third party Materials, including, but not limited to - for data sharing. In case of usage of Third parties Materials, the User warrants that he has all the necessary permits, licenses for exploitation of such Third Party Materials. Owners do not bear any responsibility for not / using of materials / components thereof, do not enter into any direct or indirect relationships with the licensors of such materials, and therefore do not carry any rights and duties with respect to them, as well as to User from the mentioned perspective. The Owner is not obliged to check and / or control the content of the license agreement between the User and a third party, whose materials are used. The validity of the license agreement is assumed based on User warranties made during the effective period of the present Agreement.
In case if any changes in the license agreements with the third parties consequently affect the Our App, Site or Game usage conditions, the Owner shall not be liable for the consequences of such changes. Owners should neither be responsible for the nature and content of any third party Materials used by means of Our App, Site or Game.
Our App, Site or Game may apparently contain materials owned directly by Owner, as well as his partners and / or affiliates. If such content includes copyright, trademarks, commercial designations, other protected signs or special notices with respect to the rights of third parties, the User agrees to take into account these notifications, to comply with them, and not to violate them while using Our App, Site or Game.
5. Limitations for Users (age, disability)
Only legally capable person, who has reached the age of at least 16 years, and has the right to solely enter into contractual relationships can become a User of Our App, Site or Game. Users are solely responsible for all the actions associated with the use of Our App, Site or Game, for the safety of personal information, or any other data, shared in the process of communication between Users by means of Our App, Site or Game. Owners reserve the right at any time to clarify, change, as well as with no limitations to shorten the scope of people who can possibly become a User of Our App, Site or Game. It is the sole User responsibility to ensure app's availability in a particular jurisdiction with respect to existing regulations in any given country. The Owner should not bear any burden of responsibility for inability to use the application or its certain options within particular jurisdiction, as well as in the event of legal restrictions on the usage of such products under particular regulation.
6. Registration and information provided for registration (information requirements)
User registration is a necessary condition for the start of usage of mobile application. The User agrees to provide accurate, true, relevant and complete information about himself, as well as about other Users, both during registration and while further using of Our App, Site or Game. Each User must use an app personally. User is solely responsible for the security of his passwords, email addresses, mobile phone numbers, logins and other identifying and / or personal data. User is also solely responsible for any third party's infringements with respect to the safety / privacy passwords, email addresses, mobile phone numbers, logins and other identifying and / or personal data, as well as any activity, which involves the usage of passwords, email addresses, numbers of mobile phones, logins and other identifying and / or personal data. User agrees to notify the Owner about any unlawful activity with his account / information immediately.
User agrees to maintain the relevance and accuracy of the information, provided by means of Our App, Site or Game, and shall be solely responsible for any damages occurred because of non-compliance with this requirements.
The usage of manual or automated processing of data for registration and / or access to application functionality, including but not limited to - web spiders, robots, scrapers, croppers and the similar, which may infringe, harm, disable, overburden, impair the work of app and / or particular accounts. - is fully restricted.
The Owner shall not bear any burden of responsibility for the consequences of such activities, which occurred in particular because of User's non-compliance with the measures to minimize risks listed above.
7. Start of using and rules of User's conduct
Only registered Users can use the mobile app. The usage of mechanisms for automatic collection of information, as well as devices, programs, algorithms in order to get unauthorized access to data, content or other functionality of Our App, Site or Games, including but not limited to - for exploitation of mobile application and / or its functionality for any purposes other than directly expressed within the present Agreement.
In order to register with the Our App, Site or Game, User fully and explicitly agrees to provide some personal data. In order to continue the usage of application, or its certain functionality, User fully and explicitly agrees to provide the following data:
Contact's mobile phone numbers, listed in User's contact phone book;
Name of the contact and his phone number, listed in User's contact phone book;
Information about data shared between Users.
User acknowledges and agrees that the usage of mobile application is always accompanied by the data sharing between Users as a part of their communication. User is solely responsible for all the risks to the safety of User information, the risks of transmission or other forms of dissemination, access to these data by other persons. The user is solely responsible for the accuracy of User information, its truthfulness, and relevance at any given period.
The Our App, Site or Game collects only those pieces of information that are required for:
Registration and authorization;
Performance of User's tasks;
Analytics on the basis of depersonalized information in order to improve and optimize the quality of service, but only if Users express a full and explicit consent for the collection and processing of such data.
By accepting the present Agreement, as well as by using Our App, Site or Game, the User confirms that the above data will be collected, processed and stored on the Owner's servers, in particular - when User sets relevant tasks within Our App, Site or Game and only for the purpose of better performance of these tasks.
User also agrees that the accumulated User information can be used for the analytics of Our App, Site or Game functionality and consequent improvements of provided service, but only in the aggregated and anonymized form, in order not to make User's personal data directly involved in the analytics.
The collection, storage, processing, or any other form of usage of information for the purposes other than directly specified in the present Agreement is strictly prohibited. No one may distribute, publish or otherwise exploit the User information in any way, as well as to violate or potentially violate the rights of third parties, or other Users.
User acknowledges and agrees that any form of online communication, in particular within Our App, Site or Game, cannot be completely secure from unauthorized access by third parties, even if the data is properly encrypted. In this regard, the Owner cannot guarantee the absolute security of the data collected, in particular, but not limited to - in the event of cyber-attacks, external threats to the server information security, raising risks of unauthorized or authorized access to the information of the User, as well as safety of Our App, Site or Game itself from the threats of this type.
Data sharing between Users and privacy.
User undertakes to respect the confidentiality of personal data and security of User information, not to transfer personal data, the data for authorization in the app, and User information to third parties. User agrees that after sharing of User data, such information ceases to be confidential. The application cannot be used for the collection and sale / distribution of personal data, as well as User information. To ensure the security of communications Owners undertake reasonable organizational, administrative and technical measures in order to prevent violations of safety and confidentiality of personal data. However, the Owner cannot guarantee the impossibility of unauthorized access to information and personal data from hackers, cyber criminals and other persons, who attempt to steal, collect, access, or otherwise affect User's information.
Through registration, setting the tasks and / or uploading certain data within Our App, Site or Game, User gives the Owner non-exclusive, irrevocable, free and open license without limitations of territory and time periods, with the ability to sub-license, to collect, store, process and use personal data and User information for the purposes of service provision, including but not limited - to make backups of data as well as to transfer the data between Users in accordance with User's tasks, to fix bugs with respect to claims sent to the customer support services, or for blocking illicit use of User's account.
User agrees that he solely bears the risks of choosing a particular addressee (another user) to transfer their materials, and to share personal data and information. Owners are not liable for the improper use of shared Material by addressee.
Privacy Terms and Conditions constitute an integral part of this Agreement and available at Our App, Site or Game site.
The usage of third parties Materials is the subject to the Terms of Use and Privacy Policy provided by these third parties and thus should be regulated by agreements between the licensors of such materials and the user directly.
Owner is not responsible for the collection, processing, storage or other use of materials, executed by any third party, whose services User consumes, in connection with Our App, Site or Game.
Guarantees and User obligations (rules of conduct).
The user undertakes to use Our App, Site or Game taking into account all the risks of unauthorized or unlawful access to the User account and in compliance with the following requirements:
Use Our App, Site or Game responsibly and take into account the risks associated with the transfer of their data online;
To prevent misuse and illegal usage of application, in the following form, in particular:
Including, but not limited - to copy, publish, modify, decompile, or otherwise use the code of Our App, Site or Game and / or its components, the navigation architecture aimed to resale, sublicense, other commercial use, or for unauthorized access to user data and / or objects of copyright;
Use the content for illegal and unauthorized access to application content, and User information - for illegal development of data compilations;
To perform any other actions that may somehow compromise the intellectual property rights of any person, including but not limited to - the development of similar competing objects on the basis of illegal access to the data about mobile application;
Use Our App, Site or Game for the transmission, publishing and / or distribution of illegal content, in particular, but not limited to - which contains malicious information, that could harm someone's reputation, infringe upon the honor and dignity of any person, as well as breaches the norms of public morality and order, violates the right to privacy, contains pornography, incite racial, religious, national or other forms of intolerance, promotes wars or criminal activity, as well as the distribution of someone else's confidential information, including - financial;
To provide false information about themselves and other Users, impersonate any person or in any other way mislead as to their identity; impedes others usage of Our App, Site or Game in any form (including but not limited to - through the use of harassment, improper, derogatory remarks in any way with respect to other Users);
Act in the manner, which disrupts the normal order of application functioning;
Send the spam, junk mail, post other commercial advertising, apply a system for automatic data collection and processing, as well as distribute the viruses or other malware software or materials containing them;
Unauthorized use of someone else's account, or obtain unauthorized access to the mobile application functionality;
Get a mobile application by means of bypassing information and cyber security measures, regardless the purpose of circumvention.
Our App, Site or Game is free of charge. In case if any additional paid options are added, conditions of its usage and payment methods will be settled separately and published further.
User can terminate the usage of Our App, Site or Game at any time by deleting your registration data from the service. User agree that after the removal of your registration data / content - a copy of the data can continue to be stored on the server because of the data backups. However, Owner is not obliged to store such data after termination of this Agreement and User is aware that after termination of registration - his data and content cannot be saved.
Owner reserves the right at any time in its sole discretion to suspend the work of service, to block it, if necessary, in particular, but not limited to - to provide information and cyber security measures for Users, to comply with legislative requirements within unlimited period and without prior notification, as well as in cases of violation of the rules of user's conduct, or without it.
Owner cannot guarantee the availability of applications and / or its particular functions in all the areas and in all jurisdictions at any time and may, at his sole discretion independently restrict access to the application or a particular functionality in certain areas and in certain jurisdictions in their discretion. Owner is not responsible for the unavailability of Our App, Site or Game due to malfunction of telecommunication systems, errors in the user information and content, in the case of force majeure, as well as in all other cases.
8. User Information
User bears full responsibility for the security of his account and the information that is shared by means of Our App, Site or Game, as well as for all activities that occur from his account. In case of detection of attempts of unauthorized access / exploitation of the user's account, he shall immediately notify the customer support center.
The user guarantees that the information posted and / or transmitted by them does not violate any of the individual rights and freedoms, complies with legal requirements of the country of use as well as current Terms of Use.
User is solely responsible for generating backups in order to save user data. The Owner has no obligation to monitor the content and nature of the data shared between users; User is solely responsible for any violations related to the nature of content and information shared via Our App, Site or Game. The Owner has a right, but not obliged to create backups, and reserves the right in its sole discretion from time to time to monitor the shared data, in order to delete without prior notice any illegal content.
User agrees that the owner has the right at any time to evaluate the actions and User information with respect to compliance with these Terms, but is not obliged to do so. The Owner reserves the right to retain and disclose information that he reasonably believes should be disclosed, including - to the public authorities in order to comply with the regulation, and confidentiality requirements, to prevent fraudulent or other illegal actions, for the protection of rights of users and compliance with public policies.
Any data on the user's location, geo-location, location of the device, on which Our App, Site or Game is installed and runs, may be collected, processed, stored and used only with the prior User explicit consent.
9. Disclaiming of warranties
User agrees to use Our App, Site or Game at his own risk. User acknowledges that Owner shall not bear any responsibility for content accumulated or used by User. Owner does not provide any representations with respect to any content, uploaded, shared and received through the app and is not responsible for the accuracy, compliance with copyright law and other regulation, legality of such materials. Owners do not o not bear responsibility for and do not guarantee anyway that:
The application is secure or available at any time or in any place;
Any defects or errors in functionality of application will be corrected;
Any content or software / its components, which is available via the application, will be free from viruses or other harmful components;
The application will meet the requirements, which User expects to be satisfied by using the application.
10. Indemnification
User is personally responsible for any activities that occur under his account. User agrees to indemnify and protect the Owner from any kinds of claims, responsibility, penalties, lawsuits, claims of costs, including all sorts of administrative fees, which arise with respect to the exploitation of Our App, Site or Game, and as a result of unauthorized access to the functionality of the application, violation of these Terms by User, as well as violation of intellectual property rights or other rights and freedoms of third parties.
Under any circumstances, Owners shall not be responsible for as follows:
Any direct or indirect, intentional or unintentional losses, penalties, damages;
Loss of data, deterioration of the technical characteristics of the application, irrespective of the applicable law and jurisdiction.
In addition, the Owners do not bear any liability for all claims relating to the application, the amount of which exceeds US $50.
11. The restriction of collective lawsuits
Any claims and lawsuits to Owners shall be filled only individually. Filling the claim on behalf of another person, acting as a plaintiff in the collective, or joint lawsuit is not allowed. The similar is prohibited with respect to the lawsuits filled in the court of arbitration.
12. Notification of Copyright Infringement
Owners will react immediately on the reports of copyright infringement, in particular, with respect to DMCA standards. Notifications about the facts of infringement should be sent via the email to the customer support service, which is as follows: Owners of the application shall make all the necessary efforts to assure the compliance of application with the Standards Program License Agreement and the Human Interface Guidelines.
In a similar manner Members undertake to notify the Owners about other violations arising or potentially possible during the process of app's exploitation.
13. Settlement of Disputes
All the disputes between Users and Owners should be settled through negotiations. In particular, User can make a notification of his claim via email to the customer support services.
If the parties do not come to an agreement through negotiation or cannot reached a common understanding of the provisions of the present Agreement, each party has the right to appeal to the court of the country of origin of a mobile application, or in commercial arbitration, namely the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce in accordance with the Rules with venue in Kiev, Ukraine. The arbitration award may be executed thereof by any authorized body, which has the appropriate authority. Language of arbitration - Ukrainian or English. Each Party may appear before the arbitral tribunal by means of telephone network or videoconference. Regulations on extraordinary arbitrator do not apply.
Any dispute, controversy or complaint procedure, which arises in connection with Our App, Site or Game, should be executed based on substantial and procedural law of Ukraine.
14. The procedure for making amendments and additions to the Terms
Owners reserve the right at any time to revoke the terms and conditions of this Agreement, to make changes, additions, without prior User consent or other prior notices.
In case if certain provisions of the present Agreement turn to be invalid or ineffective under the jurisdiction of particular countries, the mentioned does not affect the legal force of the entire Agreement, as well as the validity of some of its provisions in specific jurisdictions. Since consequent changes to the terms of the present Agreement are made, they shall be published on the Platform, where Our App, Site or Game is located, with the appropriate notification on the updating date at the top of the text.
15. The contact details
Site: https://bombartstudio.com
Email: studiobombart@gmail.com
Last updated on April 24, 2022