End-User License Agreement of the Licensed Application "The Money"

Please, read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using the application The Money ("Application").

By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of the present Agreement.

By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of the End-User License Agreement on using the software by IOS APPLE INC. which is applicable to the extent that it is not inconsistent with the terms and conditions of the present End-User License Agreement of the Licensed Application "The Money". The terms and conditions stated in Clause 10 of the present Agreement shall be considered an exception.

If you do not agree to the terms and conditions of the present Agreement completely, do not click the "I Agree" button, download or use the Application for any purposes.

TERMS AND DEFINITIONS:

The terms and conditions of the present Agreement regulate the relationship between the Copyright Holder and the End-User and accepts the following definitions:

Offer – the present document (Agreement), hosted online at the address: http://themoney.app/eula

Acceptance – complete and unconditional acceptance of the Offer via carrying out the actions stated in article _________ of the Agreement.

Copyright Holder – the legal entity to have uploaded the present Offer: Limited liability company OOO "Andromeda" (Primary National Registration Number (OGRN) 1176196022793); address: 344039, 1, Kurskaya str. Rostov-on-Don, Russia, office 201.

User – a legal entity or a legally capable private individual who signed the present Agreement via acceptance and agrees to the terms and conditions of the offer.

Application – an object of intellectual property, a piece of software registered under the name of "Mobile application "The Money"" whose exclusive rights belong to the Copyright Holder on the grounds of creation.

License – a simple (non-exclusive) non-transferable revocable license to use the Application.

Mobile device – a mobile technical device with access to the Internet on which the Application is installed.

  1. General Provisions
    1. The Copyright Holder addresses the present Agreement (hereinafter - Agreement) to any person (or any number of unspecified persons) willing to accept the terms and conditions stated below (hereinafter - User).
    2. The present Agreement is, under Art. 437, sub-section 2 of the Civil Code of Russia, is a public offer whose terms and conditions are accepted by carrying out action stated in the Agreement.
    3. The present Agreement regulates the terms and conditions of using the Application and is made between any person using the Application - a User, and the Holder of the exclusive rights for the Application.
    4. By the present Agreement, the Copyright Holder grants (transfers) the User the right to utilize the Application on the grounds a simple (non-exclusive) license, and the User acquires the right to utilize the Application in the order and under the terms and conditions stated in the present Agreement.
    5. The Application is not sold but granted to the User on a license basis. By the present Agreement, the Copyright Holder grants the User the right to install and run one copy of the Application on one mobile device for the simultaneous use of one person, provided the User complies with the terms and conditions of the present Agreement.
    6. The license is granted on the following conditions:
      1. License territory - the world.
      2. The term of the License - from the date of the commencement by the User of utilization of the Application and acceptance of the terms and conditions of the Agreement until the deletion of the Application from the mobile device and/or until the due date of the subscription and/or change of the device User and/or until the offer is revoked (the revocation is carried out via publishing corresponding information online at the address http://themoney.app/eula).
  2. Acceptance of the Terms and Conditions of the Agreement
    1. User's acceptance of the terms and conditions of the Agreement is expressed via the User carrying out the following actions: by clicking the "I Agree" button/choosing the "I Agree" menu on the screen of the mobile device and clicking the "Next" button during the process of application installation, which under articles 435 and 438 of the Civil Code of Russia is considered acceptance of the Copyright Holder's offer. By actually starting to use the Application, the User agrees to join the terms and conditions of the Agreement implicitly and under the Art. 1286 sub-section 5 of the Civil Code of Russia. By each act of using the Application, the User expresses their acceptance of the terms and conditions of the Agreement in the edition relevant at the moment of the actual utilization of the Application.
    2. By carrying out the actions leading to the acceptance of the offer stated in Art. 2.1 of the present Agreement, by copying the Application, installing it on one's mobile device or utilizing it in any manner, the User guarantees that he or she has read, agree and implicitly accept all the terms and conditions of the Agreement, and agrees to follow them.
    3. The User hereby agrees that the Acceptance (the carrying out of actions for accepting the offer) is equivalent to signing and entering into an agreement under the terms and conditions stated in the present Agreement.
    4. The offer is effective upon the hosting of the Application on the App Store platform. Apple Inc. acts as the Copyright Holder's intermediary by delivering the service of the App Store platform and shall not be considered a party in the present Agreement. The legal relationships between the Copyright Holder and the User regarding the use of the Application is regulated by the present Agreement and the Application End-User License Agreement (hereinafter - Standard EULA) from Apple Inc. hosted online at the address: https://www.apple.com/legal/sla/docs/iOS12.pdf. The standard EULA regulates relationships between the User and the Copyright Holder to the extent that it does not contradict the present Agreement; particular exceptions are the conditions stated in the clause 10 of the present Agreement stating that the relationship between the User and the Copyright Holder shall be regulated under the Law of the Russian Federation.

      The User admits and agrees that Apple Inc. is a third-party beneficiary in the Standard EULA and the present User Agreement applicable to any version of the Copyright Holder's Application and is entitled to this end to take measures to provide the fulfillment of an Agreement of this type.

    5. The present Agreement is hosted in writing on the Internet and can be accessed via the following link: https://themoney.app/eula. The right Holder reserves the right to adjust, edit and change the present Agreement without any special notifications to each User. The User will be informed of any changes in the End-User License Agreement via a message in the Application's own interface.
    6. The new edition of the Agreement comes into effect upon the hosting online at the stated address unless stated otherwise in the new edition of the Agreement.
    7. The Application shall be used only in compliance with the terms and conditions of the present Agreement. The Agreement can be accepted only completely (Art. 428 sub-section 1 of the Civil Code of Russia). If the User does not accept separate entries of the terms and conditions of the present Agreement, the Application shall not be utilized for any purposes. Utilizing the Application with neglect (nonfulfillment) to any of the terms and conditions of the present Agreement is forbidden.
    8. Utilizing the Application for personal needs shall be carried out in the manner and in terms stated in the present Agreement. Utilizing the Application in terms and manners outside the terms and conditions of the present Agreement is possible only on grounds of a separate agreement with the Copyright Holder.
  3. Application Rights
    1. All exclusive rights for the Application are non-revocable, belong to the Copyright Holder and remain by the Copyright Holder in their entirety.
  4. Application Subscription.
    1. The trial period lasts for 14 days. During the trial period, the User is entitled to using the Application free of charge. Upon the expiry of the trial period, if the User decides to continue utilizing the Application, a subscription for 1 (one) month, 3 (three) months, 6 (six) months or 1 (one) year shall be purchased.

      The subscription fee for the corresponding subscription plan is stated in the Application as well as on the platform App Store.

    2. The User's current subscription status and its renewal date are stated in the Application on the page "Subscription".
    3. The User warrants that he or she has the right to use the chosen methods of subscription payment without violating the law of the Russian Federation. The Copyright Holder shall not be held liable for any damage to third parties inflicted by the User performing payment by means outside their property.
    4. The User agrees to follow the payment instructions in the terms and means of payment as well as instructions for entering text data including the punctuation, the letter case, number and language instructions.
    5. The User agrees to cover any cost associated with transferring funds to cover the Application subscription including bank charges, fees and other types of payments.
    6. By covering the subscription fee the User, in any case, agrees to the manner, the volume and the terms and conditions under which the subscription is provided.
  5. Terms and Conditions of Use
    1. The User follows the terms and conditions of the present Agreement, the Copyright Holder grants the User a simple (non-exclusive) non-transferable limited license allowing the User to utilize 1 (one) copy of the Application on 1 (one) personal mobile device for internal use only in the quantity and under the terms and conditions stated in the present Agreement with no right to issue sub-licenses or assignments.
    2. Under the terms of the present Agreement, the Copyright Holder grants the User the right to conduct the following actions with the Application:
      1. Download (install) it on his or her personal mobile device.
      2. Use a file copy of the Application in order to replace the downloaded copy of the Application.
      3. Utilize the installed Application for the intended functional purpose, which includes utilizing its functions available to the User which includes representation on the screen of the User's mobile device.
      4. Carry out other actions necessary for the functioning of the Application on the User's mobile device under in the manner that does not contradict with the habitual manner of software utilization, does not violate nor interferes with the rights and interests of the Application authors and the Copyright Holder.
      5. All the actions associated with the utilization of the Application mentioned in this article shall be carried out by the User individually.
    3. The User is not entitled to carrying out any of the actions below in the course of utilization of the Application as well as any of its components:
      1. Carry out any dereliction work on the bases of the Application or any of its parts or components, including software.
      2. Reproduce the Application completely or partially, sell, assign, license, clear up or transfer or provide in any other manner the Application completely or partially, to any third person.
      3. Issue sub-licenses, sell, assign, sublet, provide for use, rent out, distribute, transfer or assign in any manner the rights for using the Application to any third parties.
      4. Compromise the integrity of the security system or carry out any actions aimed at bypassing, unlocking or deactivating technological protection.
      5. Alter, modify, translate into different languages, decompile, disassemble, decode, emulate, compromise the integrity, decipher, restore the source code of the Application or any of its parts as well as subject the Application's object code to any manipulations aimed at extracting the Application's source text and/or retrieving information regarding the implementation of algorithms used in the Application, create derivative pieces with the use of the Application as well as carry out (encourage carrying out) any other utilization of the Application.
      6. Distribute, provide the public availability of the Application in any form and by any means that not stated directly in the present Agreement that includes together with other software products, as a part of software collections, with offers of other software products, settings, and other products regardless of the purpose of such use.
      7. Use any program codes designed to distort, delete, damage, imitate or compromise the integrity of the Application, information or protocols transferred.
      8. Copy, distribute or process materials and data contained in the Application with the exception of cases when it is necessary and results from the realization of the functions available to him or her as an individual User.
      9. Use the Application as a part of commercial products, as a means to offer commercial products or services to third parties or for any other commercial purposes.
      10. Use the Application to violate the rights of third parties as well as for purposes contradicting the legislation in effect.
    4. The User shall not agree to the present Agreement in case he or she has no legal right to utilize the Application in the country where he or she is staying or residing, or if he or she has not reached the age of acquiring the right to enter into the present Agreement.
    5. Any rights not granted to the User explicitly by the present Agreement shall be reserved by the Copyright Holder.
    6. The Copyright Holder reserves the right to utilize the Application within the scope of rights granted to the User.
    7. The Application shall be used under the title "The Money". The User is not entitled to changing the title of the Application, alter and/or delete any copyright notice or other links to the Copyright Holder or other persons presented in the Application, documentation or other materials distributed with the Application.
  6. Limitation of Liability under License
    1. The Application is provided under "as is" conditions with no contractual obligation towards the Copyright Holder for defect correction, operational support and enhancing. The Copyright Holder provides no guarantee of error and failure-free operation of the Application, its consistency with the User's expectations or specific purposes. The Copyright Holder provides no other types of guarantees that are not stated expressly in the present Agreement.
    2. The Copyright Holder shall not be held, under any conditions, accountable for any material loss sustained by the User, which includes any direct, indirect, deliberate, occasional or further loss of any kind entailed by the effect of the present Agreement or by the utilization or the impossibility of utilization of the Application (including, but not limited to, the losses entailed by loss of goodwill, termination of work, technical failure, breakdown or malfunction, or any business losses, costs or expenditures and equally, lost profits or unjust enrichment) and/or any damage sustained by the User or any third party as a result of using or not using the Application which includes cases entailed by possible errors or faults in the functioning of the Application even if the Copyright Holder had had or was supposed to have had prior knowledge of the possibility of such damage or the User had been warned of the possibility of such damage.
  7. Application Updates/New Versions
    1. The Application may occasionally automatically download and install updates designed to improve the Application and may be issued in the form of bug patches, additional modules or completely new versions of the Application. The User shall be considered hereby notified and agrees to automatic updates of the Application which includes requesting, downloading and installing the update files of the Application onto the mobile device with no additional notifications.
    2. The effect of the present Agreement shall be applicable to all further updates/new versions of the Application. Installing updates/new versions of the Application shall be considered the User's acceptance of terms and conditions of the present Agreement for the corresponding updates and new versions of the Application unless such updating/installing of new versions of the Application is accompanied by a different license agreement.
  8. Supplementary Conditions:
    1. In case the use of the Application or its functions is considered under the national legislation of the User an illegal activity or demands special permits, notice filings, etc., the User agrees to omit utilization of the Application or the corresponding functions of the Application and shall be held responsible for nonfulfillment of the present condition.
    2. The User is hereby notified and agrees to the following:
      1. The security and confidentiality of the data processed with the mobile device are provided by the User personally. The User understands and accepts any risks associated with the transfer of personal data and other confidential information involving the use of the Internet.
      2. Shall User change occur on the mobile device registered upon Application installation, the Application shall be registered on the device.
  9. Liability of the Parties
    1. The Copyright Holder provides no guarantee that: the Application complies/will comply with the User's expectations; the Application will be provided continuously, quickly, dependably and with no errors; results obtained with the use of the Application will be accurate and dependable and usable for any purposes or in any capacity (e.g. to ascertain and/or verify any facts).
    2. The Copyright Holder shall not be held responsible for the correspondence of the Application with the purposes of use.
    3. The Copyright Holder shall not be held responsible for any of the User's actions associated with the use of the granted rights to utilize the Application; for damage of any kind sustained by the User resulting from the loss and/or disclosure of his or her personal data or during the utilization of the Application.
    4. The Copyright Holder shall not be held responsible for information being transferred by the User to third parties via the Application as well as for cases in which third parties obtain the information from the Application via unauthorized access to the mobile device or viral or other malicious software on the mobile device.
    5. The Copyright Holder shall not be held responsible if the Application cannot be used due to circumstances beyond the Copyright Holder's control.
    6. The Copyright Holder does not control the Content placed, transferred and used in the Application and does not initiate the transfer of the Content and/or information uploaded by the User to the Application, and shall not be held responsible for such Content and/or information. The User shall be personally liable for any Content or any other information that he or she uploads, transfers and/or uses in the Application or with its use. Shall any claims of third party rights violation occur, and upon any respective requests from authorized state bodies of any violation of current legislation regulating Content and/or information placement, utilization and transfer and/or upon the emergence of such risks, the Copyright Holder is entitled to deleting such Content and/or information.
    7. In case of failure of performance or default in performance of the obligations agreed to by the User within the present Agreement, as well as in case of mislicensing, the User shall be held accountable under the Law of the Russian Federation.
    8. Any violation of the terms and conditions of the present Agreement by the User shall lead to termination of the License.
  10. Special Provisions
    1. The present Agreement and any relationship associated with the utilization of the Application including the contractual rights and obligations of the User and the Copyright Holder stated in the present Agreement shall be approached under the Law of the Russian Federation. Shall a clause or a part of a clause of the present Agreement be declared unenforceable by a court of competent jurisdiction, the remaining clauses of the Agreement shall remain in full legal force.
    2. The parties are liable for the failure of performance or default in performance of their contractual obligations under the present Agreement and the Law of the Russian Federation. All emergent controversies, any claims or court proceedings under the present Agreement or resulting from utilization of the Application, shall be resolved under the current statutory procedure, the legal norms under the Law of the Russian Federation and shall be filed and considered in the general jurisdiction court nearest to the Copyright Holder's location regardless of the location of the Copyright Holder, the User or the User's mobile device.
    3. The User and the Copyright Holder agree to submit to the personal and exclusive jurisdiction of the courts located in the territory of the Russian Federation for resolving any controversies and complaints emerging from the present Agreement. Any issues not regulated by the present Agreement shall also be resolved under the Law of the Russian Federation.
    4. Throughout the text of the present Agreement, the term 'Law' refers to the legislation of the Russian Federation.
    5. The User and the Copyright Holder agree to attempt to resolve any controversies, issues, and claims that may emerge in association with the performance, termination or annulment of the Agreement through negotiations in compliance with the obligatory dispute settlement procedure.
      1. Any User claims shall be accepted and reviewed by the Copyright Holder only in writing in a manner stipulated by the present Agreement and the Law of the Russian Federation in force.
      2. To resolve any controversies between the User and the Copyright Holder emerging in the course of the utilization of services, the following order shall be applied:
        1. The User that considers his or her rights violated due to the actions of the Copyright Holder shall send the latter a formal request containing the essence of the claim, motivations for filing it as well as all the User's data. The claim shall also be sent to the Copyright Holder in writing via mailing.
        2. The Copyright Holder does not review anonymous claims or claims filed with no possibility of identifying the User based on the data he or she provided when signing up, or any claims that do not contain the data stipulated in the present clause of the present Agreement.
        3. Shall emergent controversies be found impossible to resolve via negotiations, legal actions shall be taken in a general jurisdiction court under the Law of the Russian Federation in the court nearest to the Copyright Holder's location; the language of court proceedings - Russian.
      3. Shall the Agreement be terminated, or the License be expired, the User agrees to cease immediately any use of the Application and delete it from the memory of all mobile devices.
      4. The Copyright Holder may provide the User with a translation of the present Agreement from Russian into other languages. However, shall a contradiction emerge between the terms and conditions of the Agreement in Russian and their translation, only the Russian version of the present Agreement shall bear legal force.
    6. В случае прекращения действия Соглашения или истечения срока Лицензии, Пользователь обязан незамедлительно прекратить любое использование Мобильного приложения и удалить его из памяти всех мобильных устройств Пользователя.
    7. Правообладатель может предоставить Пользователю перевод настоящего Соглашения с русского на другие языки, однако в случае противоречия между условиями Соглашения на русском языке и ее переводом, юридическую силу имеет исключительно русскоязычная версия Соглашения.
  11. Personal Data and the Privacy Policy
    1. To comply with the terms and conditions of the Agreement, the User agrees to provide and consents to personal data processing in accordance with the Federal Law of August 27, 2006, No. 153-FZ, On Personal Data upon the terms and conditions and for the purposes of proper implementation of the present Agreement. “Personal data” refers to any information about the User provided by him or her in order to accept the Offer.
    2. The Copyright Holder guarantees the confidentiality of the User’s personal data and provides access to those data only to the employees who require those data in order to deliver proper performance under the present Agreement by providing that the aforementioned employees will respect the confidentiality of the User’s personal data during the processing. The Copyright Holder also agrees to provide confidentiality of any data received from the User regardless of the contents and the manner of acquisition of those data.
    3. The User’s utilization of the Copyright Holder’s services falls under the Apple Privacy Policy published on the webpage https://www.apple.com/legal/privacy/en-ww/ and the Privacy Policy posted on the website http://www.themoney.app.