Version from the 15th of April 2022
1. Terms and Definitions.
The following terms and definitions are used in this Agreement:
1.2. Company means "Pocket Art Studio" LLC, a Legal Entity established under the laws of the Russian Federation with registration number (MSRN) 1185476015174, TIN 5408019198, TRC 540801001, registered at the address: 4a Inzhenernaya St. office 601b Novosibirsk, Russia 630090.
1.3. Site means an information portal. This portal is a computer program, access to which is provided through the information and telecommunication network. Located at: https://pocketart.studio.
1.4. Applications (or the Application) mean a computer program designed for smartphones, tablets and other computer devices running on various operating systems. The Site and the Application hereinafter together referred to as "the Products".
1.5. User means a person who has entered into this Agreement with the Company for his own benefit or for the benefit of third parties in accordance with the requirements of applicable law and this Agreement.
1.6. Application Store means a section of onpne store containing various applications for mobile phones, players, tablets and other computer devices allowing you to buy these applications or download them for free.
2. General Provisions.
2.1. Under this Agreement, the Company provides the User with the right to use the Products under a simple (non-exclusive) license.
2.2. The license under this Agreement is royalty-free license, unless otherwise provided by the Company.
2.3. The Company provides the User with an non-transferable right to use the Products in the countries of the whole world in the following ways:
2.3.1 To use the Applications for their intended purposes. To copy and install (play) the Applications on the User's mobile device(s). The User has the right to install Applications on an unlimited number of devices.
2.3.2 To play and distribute the Products for personal non-commercial purposes.
2.4. This Agreement is a public offer of the License Agreement. The following actions are considered as acceptance of this Agreement:
2.4.1 Copying (installation) of Applications by the User to his device.
2.4.2 The actual use of the Products without copying (installation), in the form and to the extent accessible without copying (installation).
2.6. By accepting the Agreement, the User confirms his legal status and capacity, confirms the accuracy of his data and assumes all responsibility for their accuracy, completeness and reliability.
2.7. By accepting the Agreement, the User, who is an individual, confirms his consent to the processing by the Company of his personal data posted by the User voluntarily. The processing of the User’s personal data is carried out in accordance with the legislation of the Russian Federation. The Company processes the User’s personal data in order to execute this Agreement, as well as in order to receive personalized (targeted) advertising by the User; verification, research and analysis of such data, allowing to maintain and improve the services and sections of the Site, as well as to develop new services and sections of the Products. The Company takes all necessary measures to protect the User’s personal data from unauthorized access, alteration, disclosure or destruction. The Company provides access to the User’s personal data only to those employees, contractors and agents of the Company who need this information to ensure the functioning of the Site and the provision of Services to the User. The Company has the right to use the information provided by the User, including personal data, in order to ensure compliance with the requirements of the current legislation of the Russian Federation (including in order to prevent and / or suppress illegal and / or illegal actions of Users). Disclosure of the information provided by the User can be made only in accordance with the current legislation of the Russian Federation at the request of the court, law enforcement agencies, as well as in other cases provided for by the legislation of the Russian Federation.
2.8. The Company offers Users its Products on the terms set forth in the Agreement. The Agreement is subject to change by the Company without special notice. The new version of the Agreement comes into force from the moment it is posted on the Site, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is always on the page at https://pocketart.studio/tos.
3. Limits of proper use.
3.1. The user must properly comply with the terms of this Agreement.
3.2. The User has the right to use the Products solely for the purpose of personal non-commercial use in accordance with the terms of this Agreement.
3.3. The user may not:
3.3.1 To use the Products in violation of the rights and legitimate interests of copyright holders, third parties, this Agreement and applicable law;
3.3.2 To reproduce, distribute, process for commercial or non-commercial purposes the elements of the Products that are the subject of the copyright of the Company or third parties, in the absence of permission of the relevant copyright holders to perform these actions.
4. Rights and obligations of the Company.
4.1. The Company has the right to entrust the execution of this Agreement to third parties without the additional consent of the User.
4.3. The Company has the right to block the User’s access to the Products in case of violations by the User of the obligations stipulated by this Agreement.
4.4. The Company has the right to limit access to the functionality of the Products for organizational or technical reasons unilaterally until such reasons are eliminated. The Company undertakes to resolve the problems encountered in the operation of the Products as soon as possible, and in the absence of such an opportunity to notify the User by any means available.
4.5. The Company has the right to collect, store and process statistical information about the use of the Products by the User in order to improve and increase the stability of the Products.
5.1. The Company retains the right, at its sole discretion, to offer Users to use Applications with various types of subscription plans.
5.2. The Company retains the right, at its sole discretion, to add new subscription plans and exclude existing subscription plans, as well as, change any features or capabilities of the subscription plans.
5.3. Information about prices and types of subscription plans is indicated in the information window of the Application, which is displayed when it is launched. For information on paid content and auto-renewing subscriptions see the Apps info section of the app store.
5.4. The User can get information about the current subscription plan by entering the account management section of a User’s device.
5.5. Free trial
5.5.1. The User can start a subscription to an app with a free trial. The term of free trial period is indicated in the information window when the Application is launched.
5.5.2. The User acknowledges and agrees that at the end of the free trial period, the User will be automatically transferred to an auto-renewable subscription, unless the User terminates the subscription in the account management section of the User's device before the last day of free trial period. In this case, no fee will be charged.
5.5.3. If the User, who has previously activated one or another type of free trial, attempts to subscribe to a free trial, the funds are automatically debited from the Users account and the subscription is activated, without providing a free trial.
5.6. Subscription payment
5.6.1. Payment for the subscription is made in advance for the period selected by the User.
5.6.2. Payment for the selected subscription period will be charged regardless of how often the User uses the Application and when he stopped using it. The user can cancel the subscription before the end of the selected period, in this case, the balance for the paid period is not refundable.
5.7.1. The subscription automatically renews regularly and periodically on the same calendar day in accordance with the date of purchase of the initial subscription order. Auto-renewal means:
- collection of regular payments from the bank card of the Users;
- extension of regular, automatically renewable access to the Application and its functions.
5.7.2. The User agrees to auto-renew the subscription on his device and that the terms and conditions of this Agreement will apply to all application updates.
5.7.3. The auto-renewal will be carried out until the User terminates the subscription by canceling the subscription in the account management section of his device.
6. Limitation of liability
6.1. All Products are provided "as is" and the Company is not responsible for any delays, interruptions, incorrect or untimely delivery, deletion or non-preservation of any user personal information.
6.2. Products may contain links to other resources. The User agrees that the Company does not bear any responsibility for the availability of these resources and for their content, as well as for any consequences associated with the use of the content of these resources.
7. Rights to the results of intellectual activity and objects equated to them
7.1. The User acknowledges and agrees that the Products and programs associated with them are protected by intellectual property laws and other Russian laws and international law, and the content provided in the process of using the Products is protected by copyright. Except as otherwise expressly agreed by the Company, the User shall not modify, sell, distribute this content and programs, in whole or in part.
7.2. The Company provides the User with a personal non-exclusive and non-transferable right to use the Products, provided that neither the User nor any other persons with the assistance of him will copy or modify the Products; create programs derived from Products; penetrate the software in order to obtain Product codes; carry out the sale, assignment, lease, transfer to third parties in any other form of rights in relation to the Products provided to the User under the Agreement, as well as modify the Products, including for the purpose of gaining unauthorized access to them.
8.1. The confidentiality conditions for information received by the Company from Users, the rules for processing personal data of Users are located at: https://pocketart.studio/privacy.