Terms of Service

Reallang.Club Terms of use (iOS)
Reallang.com Terms of use (iOS)

Reallang.Club Terms of Service [iOS]

INTRODUCTION

In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail. Thanks for having a look at our Terms of Service! For us transparency is very important, so our full Terms of Service are set out below, but to make it easier for you here is a short overview of the most important points:

Most of Reallang.Club can be used completely free of charge.
You have the option to purchase a Premium membership. With a Premium membership you have access to additional learning functions such as grammar lessons and unlimited vocabulary practice. This is just an option; you can use Reallang.Club as basic user completely for free. If you purchase a Premium membership, it will renew automatically for the initial time period purchased, but you can cancel it at any time by going to App Store account. You will then still enjoy premium access until the end of the period you’ve paid for.
We hate spam as much as you do. If you want, you can turn off any notifications, emails and newsletters from Reallang.Club at any time.
We hope you enjoy our services and that you improve your language skills with Reallang.Club!

TERMS OF SERVICE

Welcome to Reallang.Club (The App), a virtual english tutor. The App is owned and operated by Andrey Pyankov.

I. ACCEPTANCE OF TERMS

1. Reallang.Club provides its service (the "Service") to you, subject to the following Terms of Service.

2. By accessing or using the App, you (“you”) confirm that you agree to be bound by these Terms of Service. You also confirm that you are either at least 18 years old or, if you are younger than 18, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these Terms of Service.

3. These Terms of Service may be updated from time to time by Reallang.Club. You can review the most current version of the Terms of Service at any time here: https://reallang.com/terms-of-service. Your continued use of the Service or the Site after any such changes have been made constitutes your acceptance of the new Terms of Service.

4. If you do not agree to comply with these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site.

II. DESCRIPTION OF SERVICE

1. Unless explicitly stated otherwise, any new feature that is added to the current Service, including the release of new tools and resources, shall be subject to the Terms of Service.

III. FEES

1. The basic version of the Service can be used completely free of charge. However, you have the option to subscribe to a Premium membership in order to get access to additional learning functionalities (such as grammar material, vocabulary practice, etc.) on the App.

2. The prices and the related terms for all Paid Services, including the Premium membership, are governed by the Paid Services terms set out in clause 4 below.

3. Where a free trial period is included, you will not be charged until the free period is over. At this point your card will automatically be charged using the card details entered at the beginning of the trial. There are no refunds or credits for partial monthly subscriptions.

IV. PAID SERVICES

1. Where you have purchased a Paid Service (including a Premium membership), details of which can be found within the App the following terms set out in this clause 4 shall also apply to your use and access of the Paid Service. Where there is any conflict between this clause 4 and the other terms set out in these Terms of Service, the terms in this clause 4 will prevail. The following terms shall apply to you whether or not you are the individual using the Paid Service or if you are a third party facilitating and/or paying on behalf of an individual (such as a student, employee, agent, contractor or other representative) to use the Paid Service. Notwithstanding the foregoing if you are using the Paid Service pursuant to an agreement entered into by Reallang.Club and a third party paying for and/or facilitating your use of the Paid Service then where the terms below are in conflict with the terms of the agreement entered into by Reallang.Club and the third party the terms of such agreement shall prevail.

2. The ordering process for Paid Services on the App allows you to check your order before you proceed with your purchase: please check the details of the order before you proceed to payment. The contract between you and Reallang.Club for the relevant Paid Service, which is subject to these Paid Services Terms, is formed at the time we send such confirmation email.

3. By placing an order, you agree to pay the stipulated fees (which may be separately agreed with Reallang.Club) for the relevant Paid Service(s) by credit card or any other form of payment accepted by Reallang.Club, along with the VAT (if applicable) and any other fees or amounts associated with such Paid Service(s). The most recent fees for each Paid Service are set out within the App and you acknowledge and agree that such fees may change from time to time. Any price changes will be announced on the Reallang.Club website and will not affect existing subscriptions (so if you have signed up for a membership for a certain price, price changes won’t affect your existing subscription, and will only apply to any future subscription purchase).

4. Reallang.Club uses secure payment service providers to make sure that your payments are secure.

5. In relation to Paid Services that are offered on a subscription basis, Reallang.Club offers different subscription periods so that you can choose the one that best meets your needs. Payment for subscription-based Paid Services is made in advance. Details of the different subscription types and prices are available within the App.

6. Where a subscription-based Paid Service renews automatically, your credit card will be charged automatically at the end of your current subscription period and your subscription will, unless you cancel it, be renewed for the same period of time. Subscriptions do not expire during the subscription period due to non-use of the subscribed Paid Service. You can check on the length of your subscription at any time by viewing your account information or going to "Settings" and then “Subscription” within the Site.

7. Reallang.Club may run promotions and free offers which may be subject to additional terms or restrictions. These promotions and offers may not be shared among different Users.

8. Please be advised before you pay that any amounts paid in advance will not be refunded.

9. Reallang.Club may suspend or terminate your access to and/or use of any one or more Paid Services immediately and without liability if:

9.1. Reallang.Club has reason to believe that you are in breach of or have acted inconsistently with these Paid Services Terms; or

9.2. Reallang.Club is entitled to suspend or terminate your account, or your use of the Service generally, under clause 9 below.

V. REGISTRATION

1. You are responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur under your account. Each account must be used individually and is not transferable. You agree to:

1.1. use your account individually and not share it with others; and

1.2. immediately notify Reallang.Club in writing of any unauthorised use of your account or any other breach of security.

2. You agree to:

2.1. maintain and update the Registration Data to ensure that it remains true, accurate, up to date and complete.

3. If any Paid Service is suspended or cancelled, we may delete or stop your access to any of the information contained in the Service relating to your use of such Paid Service (including, where relevant, any information in your Premium Services account). Reallang.Club declines any responsibility for the loss of information as a consequence of the cancellation of Paid Services.

4. You must protect your account and the Paid Services you purchase from unauthorised and fraudulent use. Please notify Reallang.Club immediately at [email protected] of any unauthorised or fraudulent use of your Paid Services or when you suspect that your account may be at risk.

5. Amounts paid to Reallang.Club before you report an unauthorised or fraudulent use of your account will not be refunded. Reallang.Club has the right to close or cancel the account of any User in the event of any unauthorised or fraudulent use of their account or any Paid Service.

6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Paid Service, use of any Paid Service, or access to any Paid Service without the express prior written consent of Reallang.Club.

7. Reallang.Club cannot and will not be liable for any loss or damage arising from your failure to comply with this clause 4.

VI. PRIVACY POLICY

1. Registration Data and certain other information about you are subject to our Privacy Policy, the terms of which are incorporated into these Terms of Service by reference. By signing up to the Service you accept the terms of these Terms of Service, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

2. By purchasing and/or using any Paid Service, you also indicate that you understand and consent to the practices used to collect, use and disclose information relating to such use and/or purchase as described in our Privacy Policy.

3. Where you are an individual using a Paid Service (including a Premium Membership) in your capacity as a student, an employee or other third party using the Paid Service, you acknowledge and agree that your Registration Data including details relating to your use of the Paid Service shall be made available to either your educational institution, your employer or any third party paying for the Service on your behalf, as the case may be.

4. Where you are accessing the Paid Service as an administrator on behalf of an educational institution or an employer or any other entity, you acknowledge that you will have access to User’s Registration Data and details relating to their use of the Paid Service (together “User Data”). You hereby agree that you shall treat such User Data in the strictest confidence and in accordance with our Privacy Policy and in-particular you shall keep secure and not share any User Data with other users or third parties and shall limit your use of the User Data solely for the purpose of administering and monitoring the User’s use of the Paid Service.

VIII. THIRD-PARTY CONTENT AND LINKS TO THIRD-PARTY WEB SITES

1. The Site may contain third-party owned content and links to other websites ("Linked Sites"). Reallang.Club does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of Reallang.Club, and Reallang.Club is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. Reallang.Club may provide third party content and Linked Sites to you only as a convenience, and the inclusion of such third party content and Linked Sites is not an endorsement by Reallang.Club in favour of any third party. You further acknowledge and agree that Reallang.Club shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such User Content, goods or services available on or through any such site or resource.

2. Reallang.Club respects the Intellectual Property Rights of others, and we ask our Users to do the same. Reallang.Club has no responsibility for content on other websites that you may find or access when using the Service. Material available on or through other websites may be protected by copyright and the intellectual property laws of any country. The terms of use of those websites, and not the Terms of Service of Reallang.Club, govern your use of that material.

IX. ADVERTISERS

1. Your correspondence or business dealings with, or participation in promotions of advertisers found on or through the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Reallang.Club shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

2. You understand and agree that the Service may include advertisements and that these advertisements are necessary for Reallang.Club to provide the Service. You also understand and agree that you will not obscure any advertisements from general view via HTML/CSS or any other means. By using the Service, you agree that Reallang.Club has the right to run such advertisements with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Reallang.Club on your Profile are subject to change at any time at Reallang.Club's discretion.

X. TERMINATION

1. You can cancel your account and your use of the Service at any time deleting the app. After cancellation, you will no longer have access to your Profile and all information contained therein may be deleted by Reallang.Club. Reallang.Club accepts no liability for such deletion of information or content.

2. You agree that Reallang.Club may terminate your account i Reallang.Club has reason to believe that you have breached or acted inconsistently with the Terms of Service. Following such a termination, Reallang.Club may remove and discard any of your User Content within the Service (including, but not limited to your Profile), and may also terminate any contracts, verbal or written or assumed, in conjunction with your deleted Profile.

3. Reallang.Club reserves the right in its sole discretion at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Notice of any such modification or discontinuance shall be posted on the Site wherever possible. You agree that Reallang.Club shall not be liable to you or to any third party for any modification or discontinuance of the Service (except to the extent set out in clause 4 above in respect of Paid Services) unless otherwise agreed between Reallang.Club and such third party.

XI. RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express prior written consent of Reallang.Club.

XII. INTELLECTUAL PROPERTY RIGHTS

1. You acknowledge and agree that all Intellectual Property Rights in the Service, the Site, any necessary software used in connection with the Service ("Software"), and all content (including text, videos, images or other materials) contained within the Site and the Service other than User Content (“Content”) belong to Reallang.Club and its licensors and that, except for the limited licence rights granted to you under clause 12.2, Reallang.Club and its licensors expressly reserve all Intellectual Property Rights in and to the Service, the Site, the Content and the Software. The term “Intellectual Property Rights” means copyright, trade marks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights.

2. Subject to clauses 12.3 and 12.4 and your compliance with these Terms of Service, Reallang.Club grants you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use the Site, the Service, the Content and the Software, in each case for your own personal, non-commercial use, in accordance with these Terms of Service and any other written or other instructions of Reallang.Club (including any instructions or parameters set down by Reallang.Club within or as part of the Site or the Service).

3. Your licence to use the Software is restricted to use of the object code of the Software, and it is a condition of such licence that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such Software or any third party Content.

4. Without prejudice to clause 12.1, you agree:

4.1. not to access the Site, the Service or the Content by any means other than through the interfaces that are provided by Reallang.Club for use in accessing the Service; or

4.2. except as expressly authorised by Reallang.Club or relevant third parties (including third party advertisers), not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

XIII. INDEMNITY

1. You agree to indemnify and hold Reallang.Club, and its subsidiaries, affiliates, and its and their officers, directors, agents, co-branders or other partners, and employees, harmless from any losses, damages, cost, expense (including reasonable legal fees) or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of your User Content, your use of the Service, your connection to the Service, your breach of the Terms of Service, or your violation of any rights of another person or entity.

XIV. GENERAL PRACTICES REGARDING USE AND STORAGE

1. You acknowledge that Reallang.Club may establish general practices and limits concerning storage of data on the Service and may modify such practices and limits from time to time without notice to you. You agree that Reallang.Club has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content maintained or transmitted by the Service. You acknowledge that Reallang.Club reserves the right to delete accounts that are inactive for a period of more than 12 months.

XV. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

1. Where you are using a Paid Service (including a Premium Membership) Reallang.Club warrants that such Paid Service will comply in all material respects with its description as set out on the App.

2. Subject to clause 15.1 above you understand and agree that the Site, the Service and the Content are provided "AS IS" and that you use the Site, the Service and the Content at your own risk. To the fullest extent permitted by applicable law, Reallang.Club expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular and without limitation to the foregoing, Reallang.Club does not, except to the extent provided to the contrary under the warranty in clause 8.1, assume any responsibility for any improvement of your language learning; the timeliness, deletion, mis-delivery or non-delivery of information; failure to store any user communications or personalisation settings; restriction or loss of access; any bugs or other errors; unauthorised use due to your sharing of access to the Service; or any malfunction and/or inadequacy of the internet connection or the computer you are using. In addition, Reallang.Club does not warrant that the Service or any part of it will be uninterrupted or error-free. However, this clause is subject to clause 15.3 below.

3. Without prejudice to clause 15.2 but subject to clause 15.4, you expressly agree that Reallang.Club shall not be liable for any:

3.1. loss of profit;

3.2. loss of goodwill;

3.3. loss of use;

3.4. loss of opportunity;

3.5. loss of data;

3.6. loss of anticipated savings; (in each case whether direct or indirect), nor

3.7. for any indirect, incidental, special, consequential or exemplary damages (even if Reallang.Club has been advised of the possibility of such damages), resulting from any matter relating to the Site, the Service or the Content.

4. However, Reallang.Club does not restrict its liability for fraud, death or personal injury caused by its negligence, nor any other liability which Reallang.Club is not permitted to restrict or exclude as a matter of applicable law.

5. Subject to clauses 15.2, 15.3 and 15.4, the maximum aggregate liability of Reallang.Club to you in relation to any Paid Service (whether such liability arises in contract, tort (including negligence), breach of statutory duty or otherwise) shall, to the fullest extent permitted by applicable law, not exceed the amount paid by you for such Paid Service.

6. In the event that you have a dispute with another User relating to, arising from, or in any way connected with use of the Site or the Service, you release Reallang.Club from all claims, demands and damages of any kind or nature arising out of or in any way connected with such dispute.

XVI. GENERAL INFORMATION

1. Applicable legislation and jurisdiction. The Terms of Service and the relationship between you and Reallang.Club shall be governed by the laws of England without regard to any conflict of law provisions of any jurisdiction. You and Reallang.Club agree to submit to the exclusive jurisdiction of the English courts, except that Reallang.Club may seek injunctive relief in any jurisdiction in order to enforce its rights under these Terms of Service.

2. Third party rights. Under these Terms of Service no person other than you and Reallang.Club shall have any rights in relation to your access and/or use of the Site, the Service and/or the Content, provided that Reallang.Club’s third party licensors may take action against you to enforce their Intellectual Property Rights or other rights.

3. Waiver and severability of terms. The failure of Reallang.Club to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

4. Entire agreement. You agree that these Terms of Service represent the entire understanding between you and Reallang.Club in respect of your relationship with Reallang.Club as a User (except in respect of Paid Services, which are governed by the Paid Services Terms in addition to these Terms of Service). These Terms of Service supersede any previous agreements between you and Reallang.Club including any previous version of these Terms of Service.

XVII. CONTACT

1. Please contact us for any question you might have or report any breaches of the Terms of Service under [email protected]

2. Reallang.Club may contact you and send you notices, including those relative to changes in these Terms of Service, by email, regular post or by posting announcements on the Site

Last updated: 13 January 2020

 

Reallang.com Terms of Service [iOS]

Approved by the order of the Director of LLC “Aerikom” 
No. 24-12 / 19 of December 24, 2019.

This public contract (hereinafter referred to as the “Contract”) defines the procedure for granting a non-exclusive software license, as well as mutual rights, obligations and the relationship between the Aerik Limited Liability Company, hereinafter referred to as the “Licensor”, represented by Director Shrimf Oleg Vladimirovich, acting on the basis of the Charter, and an individual, hereinafter referred to as the "Licensee", accepted (accepted) a public offer (offer) to conclude this Agreement.

This Agreement, subject to the procedure for its acceptance, is considered concluded in simple written form (clause 2, clause 3 of article 404 and clause 3 of article 408 of the Civil Code of the Republic of Belarus)

  1. SUBJECT OF THE AGREEMENT

1.1. The subject of this Agreement is the granting by the Licensor to the Licensee of a simple non-exclusive right (holding a non-exclusive license) to use the following software in the following options:

The web version is at: https://reallang.com, https://go.reallang.com and https://app.reallang.com called Reallang.

Mobile apps: Reallang.com for iOS and Android.

1.2. Programs are a complex of computer programs and, as an object of copyright, is protected by the Law of the Republic of Belarus "On Copyright and Related Rights" and international agreements. All conditions and limitations of this Agreement apply both to the Program as a whole, and to all its components separately.

1.3. Use in this Agreement means the use (operation) of the Program by the Licensee for its own use in accordance with the conditions and limitations of this Agreement and within the period specified by this Agreement. The right to use the Program is granted without the right to transfer to someone (third parties), applies only to the territory of the Republic of Belarus and is granted for the period of use paid by the Licensee.

  1. PROCEDURE FOR GRANTING SOFTWARE RIGHTS

2.1. Licensee for the purposes of acceptance of this Agreement:

2.1.1. gets acquainted with the terms of this Agreement
2.1.2. submits an application for the purchase of a simple (non-exclusive) license on the website or in the application on the corresponding page. To do this, Licensee fills out the appropriate web form.
The terms of this Agreement shall be deemed accepted without comment from the date of filing of the said application.

 

2.2. Granting rights to use the Program occurs within 3 (three) business days after the Licensee accepts the terms of this Agreement and makes the necessary payment to the Licensor's account. 2.3. Granting the Licensee the right to use the Program is carried out by sending via the Internet the login and password for access to the Program located on the Internet server. Absence in

Within 24 hours of claims by the Licensor, the Licensor conscientiously fulfills obligations to grant rights.

  1. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The licensor has the right:

· Grant a license to the Licensee · make changes to the text of this Agreement · if necessary, collect, receive and use technical data and related information to improve the Program or to provide the services or technologies of the Licensee
· make changes and additions, as well as other improvements to the Program without prior approval with the Licensee and offer the Licensee an updated version of the Program, as well as expanding the capabilities of the Program, including for an additional fee

  • collect, receive and use technical data and related information to improve the Program or to provide services or technologies to the Licensee
    · update the Program at its discretion, but waives the obligation to update the Program
    · without any notice to impose a restriction or blocking of the User’s access to any used them the functionality of the Program. Restrictions are introduced if, solely from the point of view of the Copyright Holder, the User violates the terms of the Agreement, the Rights of the Copyright Holder and / or the requirements of applicable law
    · Suspend the operation of the Program upon detection of significant malfunctions, errors and failures, as well as in order to prevent cases of unauthorized access to the Program. In this case, the Licensee does not have the right to make any claims
    to the Licensor · stop granting the Licensee the right to use the Program if the Licensee loses such a password. If the Licensee loses a password, his access to the Program is restored only after he regains access to the Program, including by obtaining a new password
    · to prevent any distortion, correction of the Program or its elements, as well as other infringement of the transmitted Program that could damage the reputation developer (copyright holder);

allow the use of the Program; request payment for using the Program; exercise control over the use of the rights granted to Licensee under this Agreement.

3.2. Licensee has the right:

To use (operate) the Program on the territory of the Republic of Belarus, for the purposes indicated by this Agreement, in accordance with the conditions and limitations of this Agreement and within the time period specified by this Agreement.

3.3. This license agreement does not grant Licensee the following rights:

  • transfer a copy of the software product or its components to someone outside the scope of this agreement;
  • transfer rights to use the software product and its components, provide sublicenses, unless the Licensor gives the Licensee written consent;
    · Make any attempts to independently obtain the source code of the software product or the algorithms of its operation, including by reassembling, decompiling or reengineering;
  • to process the Program, create on its basis its own software products;
    · The licensee does not own any other rights to use the Program, property rights or other subsidiary rights to the Program with the exception of those rights that are explicitly described in this Agreement.

3.4. The conditions and restrictions established by this Agreement apply in full to computer programs that could be created on the basis of the provided Program and / or on the basis of the source codes of the Program by the Licensee, on behalf of the Licensee, with the knowledge of the Licensee or upon the oversight of the Licensee.

3.5. The Licensee is obliged:
· to counteract any distortion, correction of the Program or its elements, as well as other infringement of the Program;
· Take all measures to prevent unauthorized use of the Program.
· Maintain strict confidentiality regarding all technical, commercial and other information received from the Licensor, taking all reasonable measures to prevent unauthorized use or disclosure of such information in accordance with this Agreement;
· Make timely payment under the Agreement.

  1. PAYMENTS

4.1 For granting the rights stipulated by this Agreement, the Licensee pays the Licensor a license fee (royalties) in the amount indicated by the Licensor in the payment invoice.

4.2. Payment under this Agreement is carried out in the order of 100% prepayment.

4.3. The basis for payment is a payment invoice, which the Licensor submits to the Licensee electronically.

4.4. The amount payable for the accounting period may be changed by the Licensee in the direction of increase. In this case, the advance payment shall be counted to the Licensee, which will be taken into account when setting future payment requirements.

  1. CONFIDENTIALITY

5.1. The terms of this Agreement are published at the following address https://aericom.co/license-contract
5.2. In the performance of this Agreement, the parties may gain access to information that is confidential to one or the other party.

Confidential is all information related to the software product, the documentation is confidential.


5.3. Confidential information, which is information, but not in the case of actions or omissions of the other party.

  1. WARRANTY AND RESPONSIBILITY

6.1. The Licensor guarantees that he has the right to authorize the use of the Program in accordance with the terms of this Agreement.
6.2. The Licensor guarantees that the rights transferred to the Licensee do not violate the rights of third parties.

6.3. In case of violation of the terms of this Agreement, the Licensee shall be liable in accordance with the current legislation of the Republic of Belarus and this Agreement.

and all information marked as

information of either party excludes is or becomes publicly available

6.4. In the case of the foreseen liability, Belarus shall pay the Licensor in each case of violation a fine of 10,000 (ten thousand) base units.

violation of the terms of use of the Program, this Agreement, the Licensee, in addition to provided for by the legislation of the Republic

6.5. In the event of claims by third parties to the Licensee about the eligibility to use the Program, the Licensor is obliged to immediately take all measures to resolve the claims after receiving the appropriate notification from the Licensee. In this case, the Licensor must bear all the costs associated with the occurrence and settlement of such claims.

6.6. All disputes and disagreements that may arise between the parties on issues that have not been resolved in the text of this agreement will be resolved through negotiations and mutual consultations based on the current legislation of the Republic of Belarus.

6.7. If it is impossible to resolve disputes and resolve misunderstandings in the process of fulfilling this Agreement through negotiations and mutual consultations, such disputes shall be resolved in the manner established by the current legislation of the Republic of Belarus. The place of dispute settlement is the courts of the Republic of Belarus at the location of the Licensor.

6.8. The Licensee agrees that no software is error free.
6.9. The Licensor is not responsible:
- for any actions of the Licensee related to the use of the granted rights to use the Program;

- for damage of any kind incurred by the Licensee due to the loss and / or disclosure of its data necessary to access the Program;
- for the quality of services (in particular data transfer services) necessary for working with the Program, if they are organized by third parties not involved by the Licensor

6.10. Licensee agrees that Licensee must use software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, etc.) manufactured and used to work with the Program

provided by third parties, and the Licensor cannot be held responsible for the quality of their work.
6.11. The Licensor provides data backup and archival storage of the Licensee's data throughout the entire term of the Agreement. Data is backed up every calendar day. 6.12. In the event that the data loss occurred through the fault of the Licensor, he takes all necessary measures to recover the data within 3 working days.

6.13. If the data loss was caused by the actions of the Licensee, data recovery is performed upon request to the licensor. Data recovery is carried out only subject to the availability of technical capabilities.

6.14. Special issues of installation, maintenance, technical maintenance, operability and other issues that are not related to the sphere of rights to intellectual property are not the subject of this Agreement and are governed by other agreements.

  1. DURATION OF THE AGREEMENT AND OTHER TERMS

7.1. The Agreement is considered concluded and comes into force from the moment of acceptance, and is valid from the moment of its conclusion for the entire period of use of the Program by the User.
7.2. The term of this Agreement is not defined and is made up of the time of use for which the User made an advance payment.

7.3. The Agreement is considered terminated from the moment of blocking the User’s access to the use of the Program’s capabilities.
7.4. This Agreement may be amended and supplemented by the Licensor unilaterally. Continued use of the Program by the User means its full agreement with the new version of the Agreement.

7.5. All annexes to this Agreement are an integral part of it. Changes and additions to the contract apply to the Parties if they are made in writing and signed by authorized representatives of each of the parties. The Agreement and all the annexes and additions to it, signed and transmitted by facsimile and other electronic communications, have legal force.

7.6. In all other respects, which is not provided for by this Agreement, the parties are guided by the current legislation of the Republic of Belarus.
7.7. All notifications and messages of the parties are sent to each other in writing or by electronic communication.

  1. FORCE MAJEURE

8.1. In the event of force majeure circumstances, which include natural disasters, accidents, fires, riots, strikes, military operations, unlawful actions of third parties, the entry into force of legislative acts, government orders and orders of state bodies that directly or indirectly prohibit those specified in this The types of activities that impede the performance by the parties of their functions under this Agreement and other circumstances that are independent of the will of the Parties deductible from liability for

failure to fulfill the obligations undertaken, if within 10 (ten) days from the onset of such circumstances and if there is a connection, the Party affected by their influence will notify the other Party of the incident, and will also make every effort to eliminate the consequences of force major circumstances

8.2. A party that incurs losses due to force majeure circumstances may require a party that has become the object of force majeure to provide documentary evidence of the extent of the events that have occurred, as well as their impact.

  1. DETAILS AND SIGNATURES:

LICENSOR:

Limited Liability Company “Aerik”

 

Legal address: 220131, Republic of Belarus, Minsk, ul. Gamarnika, house 30, room 258, room 2/3

UNP 192016939, OKPO 381221315000

Accounts:

BY52 ALFA3012 2313 1800 3027 0000 (current r / s RUB)
BY37 ALFA3012 2313 1800 4027 0000 (current r / s BYN)
BY67 ALFA3012 2313 1800 2027 0000 (current r / s USD)
BY82 ALFA3012 2313 1800 1027 0000 (current r / s EUR)

Bank details:

CJSC ALFA-BANK

220013, Republic of Belarus, Minsk, ul. Surganova, 43-47
SWIFT - ALFABY2X
BIC: ALFABY2X

Correspondent Banks:

PAYMENTS IN US DOLLARS:

Account # 04412133 at DEUTSCHE BANK TRUST COMPANY AMERICAS, New York, USA
SWIFT - BKTRUS33

PAYMENTS IN EURO:

Account No. 400886919000EUR at COMMERZBANK AG, Frankfurt, Germany
SWIFT - COBADEFF

PAYMENTS IN RUSSIAN RUBLES:

Alfa-Bank CJSC account No. 30111810100000000221 in Alfa-Bank JSC, Moscow, Russian Federation
BIC - 044525593, C / account No. 30101810200000000593, TIN 7728168971

SWIFT - ALFARUMM

From the Licensor:

Director

Shrimf Oleg Vladimirovich