Terms of conditions for the use of “MAMA” mobile application from developer MYXA APPS LLC.
1. General provisions
1.1. MYXA APPS LLC (hereinafter referred to as “Developer”) offers to the user, namely: capable person acting on his own interests or on behalf of the interests the legal entity he represents (hereinafter referred to as “User”) to use mobile app, namely: social network for mothers, pregnant women and women planning to become pregnant communication (hereinafter referred to as “App”) on the terms and conditions set forth in the following User agreement (hereinafter referred to as “Agreement”). The Agreement shall enter into force on the date of expression consent of the user to the terms in the manner prescribed by para. 1.3 of the Agreement. In accordance with the above, this document is a public offer (Article 437 of the Civil Code of the Russian Federation).
1.2 The usage of App is regulated by this Agreement. The Developer without any special notification can change the Agreement, new version of the Agreement enters into force from the moment it is placed on the Internet at the address indicated in this paragraph. The current version of the Agreement is always placed on the page at mama.com.ru/terms. Continuation of the use of the Application after change in the terms of the Agreement means acceptance of the terms and conditions, including the new version of the Agreement.
1.3 Starting to use the App/ its particular functions or after the registration procedure the User is deemed to have accepted the Terms of Conditions in full, without any exceptions or reservations. In case the User does not agree with the Terms of Conditions, the user cannot use the App. Is the User does not agree with any change, stipulated by the para 1.2, made by the Developer, the User must stop using the App.
2. User registration. User account.
2.1. In order to use the App or its particular functions the User needs to complete the registration procedures. As a result, the unique user account will be created for the User.
2.2. For registration, the User is obliged to provide reliable and complete information about himself and on the questions, suggested in the registration form, and to keep this information up to date. If the User gives, the incorrect information or the Developer has grounds to think that information provided by the User is incomplete or unreliable; the Developer has the right to block or delete the User account and to refuse the User in using the App (or its particular functions).
2.3. The Developer leaves the right to request the confirmation of the data mentioned during registration at any time. The Developer also has the right to request the documents in particular identifying documents, the failure of which can be equated as provision of incorrect information and lead to consequences, stipulated by paragraph 2.2. of the Agreement. In case the data provided in the documents differs from the data provided during registration and in case the data provided during registration cannot identify the user, the Developer leaves the right to refuse the User in accesses to the User Account and the App usage.
2.4 User’s personal data, contained in the User account is stored and processed by the Developer according to Terms and Conditions of this Agreement.
2.5 Means for accessing the User account:
2.5.1 During registration the User chooses login (unique symbolic name of the User account) and the password to the access to the User account. The Developer has the right to forbid the using of particular logins and also to settle requirements to login and password (length, symbols and etc.)
2.5.2 The User has the right to use already existing User accounts in other social networks (vk.com, facebook.com) to create the user account in the App. In this case the user agrees to exchange, provision or any other use of User information by the Developer of the Apps (social networks).
2.6 The User is himself responsible for the safety of chosen means of access to the User Account and provides the confidentiality himself. The user is solely responsible for all actions (and their consequences) within the framework or using the App under the User account, including cases of voluntary transfer of data for access to the User account to third parties on any terms (including contracts or agreements) by the User. At the same time, all actions within the framework or using the App under the account of the User are deemed to be made by the User himself, except for the cases when the User himself notifies the Developer about unsanctioned use of his user account and/or about any other violation of confidentiality of his means of access to the user account , which are stipulated in the paragraph 2.7.
2.7 User is obliged to notify the Developer about any case of unauthorized (not allowed by the User) access to the App with the use of User’s account and/or about any violation (suspense of violation) of confidential means of access to the user account. For security reasons, user should himself shutdown the work under his personal account (“Exit” button) after the end of each session. The Developer is not responsible for possible loss or data damage, and also for any other consequences of any kind, which can happen because of user’s violation of this part of the Agreement.
2.8 User has no right to reproduce, repeat, copy, sell, resell and use for any commercial purposes any parts of the App (including content, available for the User during using the App) or the access to them, except the cases when the User received a permission from the Developer.
2.9 Termination of registration. The Developer has the right to block or delete the User Account and delete any content without explaining the reasons, including the cases of User breaking the terms of the Agreement.
2.10. Deleting the User Account
2.10.1 The User has the right to delete his user account from the App at any moment.
3. General provisions about processing and storage
3.1 The developer has the right to set limitations in using the App for any Users or for some categories of Users (depending on the User’s location, the language of the service provision and etc.) including: any other content, maximum amount of messages which can be sent or received by one registered user, maximum size of email of disk space, maximum amount of requests to the App at particular period of time, maximum term of content storage, special parameters of the downloaded content and etc.
3.2 Using the App, User on accordance to the Part 1 of Article 18 of Federal law “On Advertising” gives his right on receiving the messages of an advertising nature.
3.3 Access to some or all of in-app functions for users can be a monthly and / or annual renewable paid subscription with payment through AppStore / PlayMarket application stores.
4. User generated content.
4.1 User is himself responsible for compliance of the content posted by the User with the current law requirements, including the liability to third party, in cases when publication of the content or content itself violates the rights and legitimate interests of third parties, including personal non-property rights of the authors and other third party’s intellectual rights, and/or infringes on intangible goods, belonging to them.
4.2 The User agrees and accepts that the Developer is not obliged to look through any type of content, published or reposted by the User via the App, and also the Developer has the right (not an obligation) to refuse the User in publishing/reposting content or delete any content, which is accessible via the App. User is aware and agrees that he must independently evaluate all risks associated with the use of content, including reliability, completeness or usefulness of this content.
4.3 User is aware and agrees that the technology used to make the App work may require copying (reproducing) User’s content by the Developer and also the Developer can rework the content according to technical requirements of any service.
5.1 User is himself responsible for his actions, connected to the use of App to third parties, including the cases when these actions will lead to violation of the rights and legitimate interests of third parties, as well as for compliance with the legislation when using the App.
5.2 While using the App the User has no right to:
5.2.1 Download, send, transfer or by any other means post and/or distribute an illegal, harmful, defamatory, offending morality, demonstrating (or propagating) violence and cruelty, violating intellectual property rights, promoting hatred and/or discrimination against people based on race, ethnicity, sexual, religious, social, containing insults to any person or organization, containing elements (or is a propaganda) of sexual services, child pornography and is an advertisement of any sexual services, explains procedure of manufacturing, use or other use of narcotic substances or their analogs, explosives or other weapons content.
5.2.2 Break the third party rights, including minors and/or injure them in any form.
5.2.3 Impersonate himself as another person or organization’s representative and/or community without having sufficient rights and also apply any other forms and methods of illegal representation of other persons in the network as well as mislead other Users and the Developer regarding the properties and characteristics of any entities or objects.
5.2.4 Download, send and transfer or in any other way post and/or distribute content, without having legal rights on such actions according to the law or any other contractual relationships.
5.2.5 Download, send and transfer or in any other way post and/or distribute unapproved advertisements, spam, lists of other people emails, pyramid schemes, MLM, internet earnings and email business systems, “happiness letters” and use App to participate in this events or use the App solely to redirect users to the pages of others Domains.
5.2.6 Download, send and transfer or in any other way post and/or distribute any materials containing viruses or other computer codes, files and programs designed to break, destroy or limit functionality of any computer or telecommunication hardware and software, for unauthorized access as well as serial number to commercial software products and programs for their generation, logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet as well as placing links to above information.
5.2.7 Unauthorized collection and storage of other people personal details.
5.2.8 Break normal working of websites and App.
5.2.9 To promote actions aimed at violating the restrictions and prohibitions imposed by the Agreement;
5.2.10 Otherwise violate the norms of legislation, including the norms of international law.
6.2 In this Agreement User’s personal information is information he provided himself during registration or during using the App, including personal data of the User. Required information for the App is marked in a special way. The User at his discretion provides other information.
6.4 The Developer does not check the reliability of personal information, provided by the User and does not have an opportunity to check his capacity to act. However, the Developer assumes that the User provides reliable and sufficient personal information and maintains it in an up-to-date state. The consequences of providing inaccurate or insufficient information are defined in clause 2.2 of the Agreement.
6.5 The Developer collects and storages only necessary for App provision or implementation of contracts and agreements personal information, except for cases when the law provides for mandatory storage of personal information for specified period of time.
6.6. The User’s personal information is processed in next cases:
6.6.1 Party’s identification in the App, contracts and agreements with the Developer;
6.6.2 Provision of customized services in the App to the User and implementation of the contracts and agreements;
6.6.3 Connection with the User, including sending notifications, requests and information regarding the use of App, the implementation of contracts and agreements, as well as processing requests and applications from the User;
6.6.4 Improving the quality and ease of use of the App;
6.6.5 Advertisement targeting;
6.6.6 Statistical or other research based on impersonal data;
6.7 The confidentiality of User’s personal information is saved, except of cases when User voluntary provides information about himself for general access to an unlimited number of persons. While using the App, the User agrees that a certain part of his personal information becomes publicly available.
6.8 The Developer has the right to provide User’s personal information for third party in the following cases:
6.8.1 The User agreed in this actions;
6.8.2 Transfer is necessary for the User to use a certain service or for the execution of certain contract or agreement with the User;
6.8.3 Transfer is provided by Russian or other applicable legislation within the framework of the procedure established by law;
6.8.5 In order to ensure the possibility of protecting the rights and legitimate interests of the Developer or third parties in cases where the User violates the User Agreement;
6.8.6 As a result of the processing the User's personal information, through depersonalization, anonymized statistical data has been obtained and is transferred to a third party for carrying out research, performing work or rendering services on behalf of the Developer;
6.9 When processing personal data of Users, the Federal Law of the Russian Federation “On Personal Data” guides the Developer;
6.10. The Developer takes necessary and sufficient organizational and technical measures to protect the User’s personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions of third parties with it.
7. Exclusive rights to the content of the App and the content
7.1. All the objects available with the help of the App, including the elements of design, text, graphic images, illustrations, videos, computer programs, data bases, music, sounds and other objects (below – content of services) and also any content placed in the App are exclusive rights objects of the Developer, Users and other rights holders.
7.2. Using App content and also any particular functions is possible only in the framework of services, suggested by the App. Any elements of the App, any other content placed in the App cannot be used in any other way without the prior permission of the copyright holder. Under the use is implied: reproduction, copying, processing, distribution on any basis, frame display and etc. The exception is cases directly stipulated by the legislation of the Russian Federation or the Agreement.
The User’s use of the content elements of the App, as well as any other content for personal non-commercial use is allowed under condition of saving all the signs of copyright protection, related rights, trademarks, other notifications of authorship, preservation of the name (or pseudonym) of the author/ title of the right holder in an uncharged form, keeping the corresponding object unchanged. The exception is cases directly stipulated by the legislation of the Russian Federation or the Agreement.
8. Websites and content of third parties
8.1 The App may contain links on other websites in the Internet (third party websites). Mentioned third parties and their content are not checked by the Developer on compliance with certain requirements (reliability, completeness, legality and etc.). The Developer is not responsible for any information, materials placed on third party websites to which User can have access while using the App, including any opinions or statements expressed on websites of third parties, advertisements, etc., as well as for availability of such content or websites and the consequences of their use by the User.
8.2 Link (in any form) on any website, product, service, any commercial or non-commercial information, placed on the website is not approved or recommended by the Developer, except of cases when it is directly mentioned in the App.
9. Advertisement in the App
9.1 The Developer is responsible for advertisement placed by him in the App, within the limits, established by the legislation of the Russian Federation.
10. Absence of warranties, limitation of liability
10.1. User uses the App on his own risk. The Developer does not assume any responsibility, including for the compliance of the Application with the User's purposes.
10.2. The Developer does not guarantee that App is complying/ will comply with User’s requirements; the App will be provided continuously, fast, reliable and without mistakes; results, which can be received while using the App, will be reliable, certain and can be used for any purposes (for example, to establish and/or confirm any facts); the quality of any product, service, information and etc., received during using the App will comply with Users expectations;
10.3. Any information and/or materials (including downloaded software, letters, any instructions and guide to action, etc.) access to which User receives while using the App, the User can receive on his own risk and is himself responsible for possible consequences of mentioned information and/or materials usage, including damage that this may cause to the user’s computer or third parties, for data loss or any other harm.
10.4. The Developer is not responsible for any kinds of loss, happened during User using the App or its particular parts/functions of the App.
10.5. In any circumstances, the Developer's responsibility under Article 15 of the Civil Code of Russia is limited to 10,000 (ten thousand) rubles of the RF and is imposed on him in the presence of guilt in his actions.
11. Other provisions
11.1. This Agreement is a contract between the User and the Developer regarding the App’s order of use and supersedes all previous agreements between the User and the Developer.
11.2. This Agreement is governed and interpreted in accordance with the laws of the Russian Federation. Issues not regulated by this Agreement shall be resolved in accordance with the legislation of the Russian Federation. All possible disputes arising from the relations governed by this Agreement shall be resolved in accordance with the procedure established by the current legislation of the Russian Federation, according to the norms of Russian law. Throughout the text of this Agreement, unless expressly stated otherwise, the term "legislation" refers to both the legislation of the Russian Federation and the legislation of the User's place of residence.
11.3. In view of the gratuitousness of services provided under this Agreement, the rules on consumer protection, provided by the legislation of the Russian Federation may not be applicable to the relationship between users and developers.
11.4. Nothing in the Agreement can be understood as the establishment between the User and the Developer of agency relationships, partnership relations, joint activity relations, personal hiring relations, or any other relations not expressly provided for in the Agreement.
11.5. If, for one reason or another, one or more provisions of this Agreement are found to be invalid or unenforceable, this does not affect the validity or applicability of the remaining provisions of the Agreement.
11.6. Inaction on the part of the developer in the case of violation by the User or other users of the provisions of the Agreement does not preclude developers' rights to take appropriate action to protect its rights later and does not constitute a waiver by Developer of its rights in case of subsequent similar or similar violations.
11.7. This Agreement is made in Russian language and in some cases may be provided to the User for examination in another language. In case of a discrepancy between the Russian version of the Agreement and the version of the Agreement in a different language, the provisions of the Russian version of this Agreement are applied.
Date of publication 27.03.2017