20th of July 2022
Agreement with a User
"Pocket Art Studio" LLC (hereinafter referred to as the Company) offers Users to use the Company's Programs and/or Services on the terms set out below, and is by legal nature a license agreement with the User.
By copying programs, services/their individual functions, installing on your device or using programs, services / their individual functions in any way, the User is considered to have accepted these Terms in full, without any reservations and exceptions. If the User does not agree with any of the provisions of these documents, the User does not have the right to use programs, services/their individual functions.
1. General provisions.
1.2. The Copyright holder, free of charge, under the terms of a simple (non-exclusive) license, grants the User a non-transferable right to use the Program on the territory of countries around the world in the following ways:
1.2.1. To use the Program for its intended functional purpose, for which purpose to copy and install (reproduce) it on the User's personal device(s). The User has the right to install the Program on an unlimited number of personal devices.
1.2.2. Reproduce and distribute the Program unchanged strictly for non-commercial purposes.
1.3. The terms used in the Agreement have the following meanings:
1.3.1. Market of the Applications – a type of digital distribution platform for computer software used on desktop and handheld personal computers, mobile phones, communicators, smartphones;
1.3.2. Subscription – regular collection of funds for access to the Company's Programs, on the terms stipulated by the subscription plan;
1.3.3. User – a person who has concluded this Agreement with the Company in his own or someone else's interest in accordance with the requirements of current legislation and this Agreement;
1.3.4. Programs – computer programs owned by the Company, as well as all subsequent updates and modifications intended for use on desktop and handheld personal computers, mobile phones, communicators, smartphones.
2.1. The Programs as a whole and the computer programs included in them or used together with them and other text materials, images and other objects of copyright and/or related rights, trademarks, commercial designations and brand names, as well as other parts of the Company's Programs separately, are protected in accordance with applicable law and belong to the Copyright holder on the exclusive right.
2.2. The use of the Programs is permitted strictly under the terms of this License. If the User does not accept the terms of the License in full, the User has no right to use the Company's Programs for any purpose. The use of the Company's Programs in violation (non-fulfillment) of any of the terms of the License is prohibited.
2.3. Some of the Company's Programs may be provided under a paid license or a Subscription license.
2.4. Subscription Terms
2.4.1. The Company reserves the right, at its sole discretion, to offer Licenses for the Company's Programs under various subscription plans.
2.4.2. The Company reserves the right, at its sole discretion, from time to time to add new and exclude existing plans, as well as to change any functions or features of subscription plans.
2.4.3. Subscription plans and conditions for its implementation are indicated in the information window of the Software product displayed at launch, as well as information about paid content and automatic renewal of subscription to the Program is contained in the information section of the Market of the Application.
2.4.4. Information about the current subscription plan can be obtained by logging into the account management section of the device.
2.4.5. Free trial use
22.214.171.124. Subscription can start with a free trial period. The period of free use is indicated in the information window when the Program is launched.
126.96.36.199. The User acknowledges and agrees that after a free trial use of the Program, he will be transferred to an automatically renewable paid subscription. The user can cancel the transition to an automatically renewable paid subscription in the account management section of the device before the last day of the free trial period of use.
188.8.131.52. The User who has activated the free trial period for the Program is not granted a second right to use the free trial period.
When attempting to reactivate the free trial period, the User is automatically debited funds and an automatically renewable subscription to the Company's Program is activated, on the terms of the originally selected subscription plan, without providing a free trial.
2.5. Automatic renewal
2.5.1. The Company automatically renews the subscription regularly and periodically on the same calendar day in accordance with the date of purchase of the initial subscription order.
Automatic renewal means:
1) Regular collection of funds from the User's bank card, in accordance with the terms of the subscription;
2) If the subscription conditions are met - automatic renewal of access to the Company's Program.
2.5.2. The User agrees to the automatic renewal of the subscription on his device and that the terms and conditions of this Agreement will apply to all updates.
2.5.3. Automatic renewal will be performed until the User terminates the subscription by canceling it in the account management section of the device.
2.6. Subscription payment
2.6.1. The subscription is paid in advance according to the subscription plan selected by the User.
2.6.2. Payment for the selected plan will be charged regardless of how often the User uses the Program and when he stopped using it. The user can cancel an automatically renewable paid subscription before the end of its validity period in the account management section of the device, the balance for the paid period is not refunded.
2.7. By agreeing to the terms of this Agreement, the User confirms his legal capacity, confirms the accuracy of his data and assumes full responsibility for their accuracy, completeness and reliability.
2.8. The Company offers Programs to Users on the terms set out in the Agreement. The Agreement may be amended by the Company without special notice. The new version of the Agreement comes into force from the moment it is posted on the Website, unless otherwise provided by the new version of the Agreement.
2.9. Automatic updates
2.9.1. The Program may from time to time automatically download and install updates that are aimed at improving the Program and may take the form of patches, additional modules or completely new versions of the Program. The User is hereby notified and agrees to the automatic updating of the Program, including requesting, downloading and installing Program updates on the User's device without any additional notifications.
2.9.2. This License applies to all subsequent updates/new versions of any of the Programs and/or all Programs. Installing an update/ new version of the Program means that the User accepts the terms of this License for the corresponding updates/ new versions of the Program, unless the update/ installation of a new version of the Program is accompanied by another license agreement.
3. Rights and obligations of the Parties
3.1. Rights of a User
3.1.1. Use of the Company's Software products
The User has the right to use the Company's Software Products for their direct functional purpose, in order to install them on a desktop or pocket personal computer(s), smartphone(s) or other devices (hereinafter referred to as «Devices»).
3.1.2. Reproduction of the Company's software products
The User has the right to reproduce Software products, copies of which are distributed by the Copyright holder, for non-commercial purposes free of charge on any Devices and other types of material media, provided that the combination, composition and content of the Company's Software products are preserved unchanged compared to how they are provided and/or recommended for use by the Copyright holder.
3.2. The User is not allowed:
3.2.1 To use Software products in violation of the rights and legitimate interests of copyright holders, third parties, this Agreement and current legislation;
3.2.2 To reproduce, distribute, process for commercial purposes Software Products, as well as elements of Software products and/or Online-services of the company that are subject to copyright of the Company or third parties.
3.3. Rights and obligations of the Company
3.3.1. The Company is entitled to transfer the execution of the provisions of this Agreement to third parties without the additional User's permission.
3.3.3. The Company has the right to restrict access to the functionality of Software products for organizational or technical reasons unilaterally until such reasons are eliminated. The Company undertakes to resolve any problems in the functioning of Software products as soon as possible, and in the absence of such an opportunity to notify by any available means.
3.3.4. In order to improve and increase the stability of the Software products, the Company has the right to collect, store and process statistical information about the User's use of Software products.
4. Liability of the parties
4.1. The Company's programs are provided «as is». The Company does not guarantee the compliance of the Programs with the goals and expectations of the User, the safety of the data submitted and posted by the User in the Program, uninterrupted and error-free operation of the Programs in general and its individual functionality, in particular. The Company has the right at any time to completely or partially change the functionality provided by the Program.
4.2. The Company is not responsible for any direct or indirect consequences of any use or inability to use the Programs and /or damage caused to the User and/or third parties as a result of any use, non-use or inability to use the Programs or its individual functions, including due to possible errors or failures in the operation of programs.
4.3. The Company does not guarantee the accuracy, accuracy, completeness and quality of the information posted in the Program, including its compliance with the law and compliance with the rights of third parties. The Company is under no circumstances responsible for the information posted in the Program. The user must independently assess all risks associated with the use of information, including the assessment of reliability, completeness or usefulness, as well as its compliance with legislation.
4.4. The Company is not obliged to carry out moderation, viewing, editing of messages and Content posted in the Program, control over them, and cannot guarantee that the information, messages and materials posted by the User in the Programs do not violate the provisions of these Terms, legal acts, and other documents. The User understands and agrees that he must independently assess all risks associated with the use of information, messages and materials posted in the Program, including an assessment of their legality.
4.5. The Company reserves the right, at its discretion, to restrict the User's access to the Program (or to certain functions of the Program, if technologically possible) using his account or completely block the User's account in case of repeated or gross violation of these Terms and other regulatory documents, or apply other measures to the User in order to comply with the requirements legislation or the rights and legitimate interests of third parties.
4.6. If there are reasonable assumptions about a possible violation of the law, rights and interests of third parties by the information posted in the Program or by the User's actions, the User can file a complaint using the feedback form available at email@example.com, or special functionality of the Program.
5. Final provisions
5.1. This License may be changed unilaterally by the Copyright holder. These changes to the License terms come into force from the date of their publication, unless otherwise specified in the relevant publication.
5.2. All questions and claims related to the use / inability to use the Program, as well as possible violation of the law and/or the rights of third parties by the Program, should be sent via the feedback form to the address firstname.lastname@example.org.