This User Agreement (hereinafter referred to as the "Agreement") sets forth the terms and conditions of usage of the «Baby gender planner» for Devices and shall be entered into between Rodiontsev S. D. and the User. 1. Terms and definitions
1.1. The developer is Rodiontsev Sergey Dmitrievich.
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 «Baby gender planner» on the Device.
1.4. The «Baby gender planner» is a computer program named "Mobile Application «Baby gender planner»," 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 «Baby gender planner» is installed. 2. Subject of the Agreement
2.1. Developer grants to the User the right to use the «Baby gender planner» 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 «Baby gender planner», considering that multiple versions of the «Baby gender planner» registered to the same User Account are not allowed on the same Device.
2.2.4. Other uses of the «Baby gender planner» not specified in this Agreement are prohibited. In particular, the User may not:
3. General provisions
- Issue sub-agreements, sell, assign, lease, distribute, transfer or otherwise grant rights to use the «Baby gender planner» 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 «Baby gender planner» as part of commercial products, to offer commercial products or services to third parties or for other commercial purposes;
- Use the «Baby gender planner» to violate the rights of third parties and for purposes contrary to applicable law.
3.1. You may not use the «Baby gender planner» under conditions other than those described in this Agreement.
3.2. Prior to using the «Baby gender planner», 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 «Baby gender planner». 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 «Baby gender planner», hereby expressly and fully agrees to all the terms and conditions of this Agreement.
3.3. 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 «Baby gender planner» or its functionality.
3.4. While using the Baby Gender Planning Application, the User data isn't transmitted via the Internet, but is stored only locally on the User's device.
3.5. Personal User's data is stored on the device until the Baby Gender Planning Application will not be removed from the User's device, after that the data is completely deleted.
3.6. 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 firstname.lastname@example.org
. 4. Additional conditions
4.1. In case that the use of the «Baby gender planner» 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 «Baby gender planner» or the «Baby gender planner» 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 «Baby gender planner», you must register the «Baby gender planner» on the Device.
4.2.3. You can use the «Baby gender planner» 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 «Baby gender planner» 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 «Baby gender planner» (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 user is notified and agrees to the following:
5.2.1 The security and confidentiality of the data processed on the Device is provided directly by the User. Recognizing the international nature of the Internet, the User assumes responsibility for compliance with all relevant rules and laws concerning the User's actions on the Internet.
5.2.2 The Baby Gender Planning Application is a tool for calculating by two most famous methods: Blood renewal and the Freiman-Dobrotin method. In the result of calculating there appears a probability of determining the gender of the future baby .
- The blood renewal method is based on the calculation of the frequency of blood renewal periods.
- The Freiman-Dobrotin method is based on the calculation of coefficients collected on the basis of statistics from maternity hospitals.
The application is for informational purposes only and cannot guarantee absolut of 100% the result of conceiving a baby of the desired gender. The actual baby gender may depend on many factors and physiological characteristics of the parents' organisms also. For planning a baby, we recommend that you first consult with specialists.
5.3. 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.
5.4. 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.
5.5. The Developer shall not be responsible for the transfer of information by the User to third parties using the «Baby gender planner», or if the information from the «Baby gender planner» becomes available to third parties due to unauthorized access to the Device or the actions of viral or malicious software on the Device.
5.6. Developers shall not be liable for failure to use the «Baby gender planner» 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 in terms of agreement is carried out by active actions of the User (registration in the «Baby gender planner» 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 «Baby gender planner» 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 «Baby gender planner», the User agrees to the terms of the Agreement as amended at the time of the actual use of the «Baby gender planner».
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 «Baby gender planner». By agreeing to the installation of the update/new version of the «Baby gender planner», the User accepts the terms of the Agreement for the corresponding updates/new versions of the «Baby gender planner» unless the upgrade/installation of the new version of the «Baby gender planner» 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. In case of any questions regarding the operation of the Baby Gender Planner Application, the User has the right to contact the Company at the email address email@example.com
6.6. Developer hereby declares that it is the sole owner of all exclusive rights to the «Baby gender planner» and is entitled to dispose of them at its discretion, within the scope of applicable law.
6.7. 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.
6.8. 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.
6.9. If any provision of this Agreement is invalidated, the remaining provisions of this Agreement shall be deemed valid and applicable.