This User Agreement (hereinafter referred to as the "Agreement") sets forth the terms and conditions of usage the ScienTreeFic for Devices and shall be entered into between Musagitov R. A. and the User.
1. Terms and definitions
1.1. The developer is Musagitov Ruslan Arturovich.
1.2. The official website of the Developer is the site of Bytepace on the Internet
http://www.bytepace.com.
1.3. User - Licensee, the individual who installed the ScienTreeFic on the Device.
1.4. The ScienTreeFic is a computer program named "Mobile Application ScienTreeFic," an exclusive right to which the Developer belongs due to the fact of creation.
1.5. A device is a mobile technical device (smartphone, tablet or other device) that has access to the Internet on which the ScienTreeFic is installed.
2. Subject of the Agreement 2.1. Developer grants to the User the right to use the ScienTreeFic under the terms of the Agreement within the limits and in the manner defined herein.
2.2. The Agreement shall be concluded on the following terms and conditions:
2.2.1. The territory of the agreement is all the countries of the world.
2.2.2. This Agreement shall become effective for the User from the moment the Application is installed on the mobile device. This Agreement shall be held indefinitely.
2.2.3. A User may use an unlimited number of copies of the ScienTreeFic, considering that multiple versions of the ScienTreeFic registered to the same User Account are not allowed on the same Device.
2.2.4. Other uses of the ScienTreeFic not specified in this Agreement are prohibited. In particular, the User may not:
- Issue sub-agreements, sell, assign, lease, distribute, transfer or otherwise grant rights to use the ScienTreeFic sheets to third parties;
- Modify, improve, translate into other languages, decompile, disassemble, decode, emulate, disrupt integrity, restore the source code of the Application or any parts thereof;
- Use the ScienTreeFic as part of commercial products, to offer commercial products or services to third parties or for other commercial purposes;
- Use the ScienTreeFic to violate the rights of third parties and for purposes contrary to applicable law.
3. General provisions
3.1. For a better experience, and in order to provide our Service, we may require you to provide us, either directly or indirectly, with certain personally identifiable information, including but not limited to user name, and Oauth2 credentials. The information that we request will be retained by us and used as described in this privacy policy. The app uses third party services that may collect information used to identify you. Links to privacy policies of third party service providers used by Scien TreeFic: Google Sign-in and Google Drive Services. All media and social networking discussion content are stored in users cloud storage (e.g., Google Drive). If your device gets lost or stolen you should be aware that this exposes you to risks and vulnerabilities. In such a case, we recommend you to change your credentials for the involved google account as soon as possible.
3.2. The main function of the app is entering data into Google Sheets. All actions to view, create, modify, and delete spreadsheets in Google Drive are performed by the user or at the user's request. The user gives the application access to view, create, modify, and delete spreadsheets in Google Drive. All of the above actions are performed only at the request of the user. The user is responsible for all changes to Google Drive or Google Sheets implemented through ScienTreeFic.
3.3 We may internally employ other third-party services, companies or individuals due to the following reasons: to facilitate our Service; to provide the Service on our behalf; to perform Service-related services; to assist us in analyzing how our Service is used. We want to inform users of our Service that these third parties may have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
3.4. You may not use the ScienTreeFic under conditions other than those described in this Agreement.
3.5. Prior to using the ScienTreeFic, the User shall read the text of this Agreement. If the User does not agree to any particular provision or Agreement as a whole, the User shall terminate any use of the ScienTreeFic. You agree to the terms of the Agreement in accordance with clause 6.1. The Agreements, and in conjunction with the continued use of the ScienTreeFic, hereby expressly and fully agrees to all the terms and conditions of this Agreement.
3.6. Within item 2.2.2., item 3.3. and item 6.1. "Start of Use" agreements shall mean any activity directed towards the use of the ScienTreeFic or its functionality.
3.7. When you register a ScienTreeFic, the following Account information is stored on Developer servers: email address, Google user account data such as name, email address, language and profile photo settings, app settings.
3.8. Accepting the terms of this Agreement in the manner set forth in clause 6.1. Agreements, the User by the will once and interest gives consent and grants the Developer the right:
3.8.1. For processing and cross-border transfer of personal data to the contractor of the Developer for sending marketing and informational mailings.
3.8.2. For automated processing (with the following actions: collection, storage, clarification, transfer, blocking, removal, destruction). All mentioned actions on information are carried out only for the purpose of correct operation of the Application.
3.9. The User's consent to personal data processing is valid for the entire period of use of the ScienTreeFic.
3.10. Consent may be revoked by the User or the representative once by sending a written application to the Company at the email address of the bytepace.bgp@gmail.com.
3.11. The developer undertakes to carry out processing of personal user information and also to provide confidentiality and protection of the processed personal data according to requirements of the Federal law of 27.07.2006 No. 152-FZ "About personal data". When processing personal data, the Developer shall take the necessary legal, organizational and technical measures to protect personal data received from the User from illegal or accidental access to them, destruction, modification, blocking, copying, provision, distribution of personal data, as well as from other illegal actions against personal data received from the User.
3.12. Third parties may be required to perform this Agreement. The User confirms that the specified third parties are granted the same rights as the Application rights holder.
3.13. It is not considered a violation to provide personal data to third parties acting on the basis of the contract with the Developer for fulfillment of obligations to the User and only under this Agreement.
3.14. Personal data is stored and processed until all necessary procedures are completed or the organization is liquidated.
4. Additional conditions
4.1. In case that the use of the ScienTreeFic is considered by the national law of the User to be prohibited activity or activity requiring special authorization, notification, etc., the User shall not use the relevant functions of the ScienTreeFic or the ScienTreeFic as a whole and shall be liable for failure to comply with this condition.
4.2. The User is hereby notified and agrees to the following:
4.2.1. Security and confidentiality of data processed on the Device shall be provided directly by the User. Recognizing the international character of the Internet, the User shall assume responsibility for compliance with all relevant rules and laws concerning the User's actions on the Internet.
4.2.2. If you change the Account on the Device registered during installation of the Spreadsheet data entry, you must register the ScienTreeFic on the Device.
4.2.3. You can use the ScienTreeFic only if you have Internet access. For uninterrupted operation of the Application, the User needs to ensure proper quality of access to the Internet on his Device.
5. Responsibility of the parties
5.1. Developer does not provide any warranties regarding the compliance of the ScienTreeFic with the specific purposes and expectations of the User, nor does it provide any other warranties not expressly specified in the Agreement. Under no circumstances shall Developer be liable to User for any loss, including any direct, indirect, intentional, incidental or subsequent loss of any nature arising out of this Agreement or from the use or inability to use the ScienTreeFic (including without limitation, the losses which resulted from loss of business reputation, termination of work, technical failure, accident or malfunction or any commercial losses, expenses or losses, and equally missed benefit or superficial enrichment).
5.2. The developer is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, email service failures or scripts due to technical reasons.
5.3. The Developer shall not be liable for any damage to the user 's or any other person's computer, mobile devices, any other equipment or software caused by or related to the download of materials from the Application or from links placed in the Application.
5.4. The Developer shall not be responsible for the transfer of information by the User to third parties using the ScienTreeFic, or if the information from the ScienTreeFic becomes available to third parties due to unauthorized access to the Device or the actions of viral or malicious software on the Device.
5.5. In case of unauthorized access to the User's login and password, or distribution of the login and password, the User shall immediately inform the Company at the e-mail address of the bytepace.bgp@gmail.com.
5.6. Developer shall not be liable for failure to use the ScienTreeFic due to circumstances beyond its control.
5.7. The Agreement does not grant to the User any rights to use intellectual property objects, including trademarks and service marks of the Developer or its partners, except for the rights granted by this Agreement.
5.8. For non-fulfillment or improper fulfillment of the obligations assumed by the User under the Agreement, as well as for violations of the terms of the Agreement, the User is responsible in accordance with the legislation of the Russian Federation.
6. Final provisions
6.1. Acceptance by the User of terms of agreement is carried out by active actions of the User (registration in the ScienTreeFic application) that owing to Article 435 and Article 438 of the Civil Code of the Russian Federation is adoption (acceptance) of the offer. The actual commencement of the User's use of the ScienTreeFic is confirmation of the User's accession to the terms of the Agreement within the meaning and in the order of Clause 5. Article 1286 of the Civil Code of the Russian Federation. Each use of the ScienTreeFic, the User agrees to the terms of the Agreement as amended at the time of the actual use of the ScienTreeFic.
6.2. This Agreement may be amended and/or supplemented by Developer at any time during the term of the Agreement. All changes and/or additions shall be placed by the Developer in the relevant section of the Mobile Application and shall become effective on the day of such placement. The User undertakes to get to know all changes and/or additions in a timely and independent manner. If there are objections, the User shall have the right to send a notice within 3 calendar days from the moment of placement of amendments and/or additions to the Agreement. In such case, the Agreement shall be deemed terminated by the Parties from the date of receipt by the Developer of such notice from the User.
6.3. The Agreement applies to all future updates/new versions of the ScienTreeFic. By agreeing to the installation of the update/new version of the ScienTreeFic, the User accepts the terms of the Agreement for the corresponding updates/new versions of the ScienTreeFic unless the upgrade/installation of the new version of the ScienTreeFic is accompanied by a different License Agreement.
6.4. The Developer shall have the right to send to the User information about the Application operation in any way, including posting information and other messages within the Application.
6.5. Developer hereby declares that it is the sole owner of all exclusive rights to the ScienTreeFic and is entitled to dispose of them at its discretion, within the scope of applicable law.
6.6. The Developer hereby declares that the legislation of the Russian Federation shall apply to the rights and obligations of the User and the Developer under the Agreement, regardless of the location of the Developer, the User or the User Device.
6.7. All disputes, differences and claims that may arise in connection with the execution, termination or invalidation of the Agreement, the User and the Developer will seek to resolve by negotiation in compliance with the mandatory claim procedure. However, if it is not possible to resolve the disputes by negotiation, they will be resolved in court in accordance with the legislation of the Russian Federation at the location of the Developer, the language of the proceedings - Russian.
6.8. If any provision of this Agreement is invalidated, the remaining provisions of this Agreement shall be deemed valid and applicable.