User Agreement

User Agreement on the General Terms and Conditions of Use of Mobile Application DogCoach



This Agreement regulates the relations between the User of the Mobile Application (hereinafter referred to as the User) and LLC "IOSS.AN", being the Rightholder of the Mobile Application (hereinafter referred to as the Rightholder), arising from the use of the DogCoach Mobile Application (hereinafter referred to as the Application).

The User is obliged to read this Agreement carefully before using the functionality of the Application.
By starting to use any service/separate functions of the Application or going through the registration procedure, the User is deemed to have accepted the terms and conditions of the Agreement in full, without any reservations or exceptions. In case of disagreement with any of the provisions of the Agreement, the User shall not use the Application.

1. TERMS AND DEFINITIONS
1.1. Rightholder – LLC "IOSS.AN", INN (Taxpayer Identification Number): 2311367358 OGRN (Primary State Registration Number): 1242300037979.

1.2. User – any individual who uses the Mobile Application in accordance with the requirements of the current legislation of the Russian Federation, terms and conditions of this User Agreement and Privacy Policy.

1.3. Mobile Application – the DogCoach software (with all existing additions and enhancements) designed for use on smartphones, tablets and other mobile devices, and developed for iOS, Android, Windows Phone and other platforms.

1.4. Services – functions of the Application, access to which is granted to the User after registration.

1.5. Rightholder's Website – an information resource placed in the public (global) network Internet at https://antuanapp.com/.

1.6. License – non-exclusive right of the User to use the Application provided by the Rightholder to the User free of charge, with a limited period of use in accordance with the terms and conditions of this Agreement (simple (non-exclusive) license).

1.7. User Authorization – performing a set of actions in the Application, defined by this Agreement, in order to identify the registered User for further use of the functionality and services of the Application.

1.8. User's Personal Cabinet – personal page of the User registered in the Application, where personal data of the User and other information provided by the User during registration are placed and stored.
1.9. Login – mobile phone number identifying the User's mobile device in the mobile communication network or e-mail address specified by the User when registering in the Application.

2. GENERAL TERMS AND CONDITIONS
2.1. The Parties to this Agreement are the Rightholder and the User.
2.2. The use of the Application and its services is governed by this Agreement and the Privacy Policy posted on the Rightholder's Website and/or in the Application, as well as by the norms of the current legislation of the Russian Federation.
2.3. This Agreement is a public offer. By accessing the Application and its services, the User shall be deemed to have acceded to this Agreement.
2.4. This Agreement may be amended by the Rightholder without any special notification, the new version of the Agreement shall come into force from the moment of its placement on the Internet on the Rightholder's Website and/or in the Application, unless otherwise provided by the new version of the Agreement.
If the Rightholder has made any changes to the Agreement with which the User does not agree, the User is obliged to stop using the Application.
2.5. The Rightholder has the right to transfer its rights and obligations under this Agreement to third parties in order to fulfil this Agreement without additional consent of the User.
2.6. By accepting the terms and conditions of this Agreement, the User confirms their consent to receive information about the functioning of the Application and its Services.
2.7. The Rightholder has the right to send information and advertising messages to the User's e-mail address or telephone number, as well as in the Application itself, provided that the consent is obtained in a manner that complies with legal requirements, or provided that the User has not refused to receive advertising messages in relation to the relevant service (when registering or later using the relevant functions).

3. APPLICATION TERMS OF USE
3.1. The Rightholder grants the User the right to use the Application under the terms and conditions of the License. Use of the Application is permitted in all countries of the world.
3.2. The License validity period is from the date the User starts using the Application and accepts the terms and conditions of this Agreement until the User's account is deleted from the mobile device.
3.3. The methods of using the Application provided to the User under this Agreement:
3.3.1. copying and installing the Application into the memory of the mobile device;
3.3.2. using the Application on a mobile device;
3.3.3. round-the-clock access to the Application, except during periods of technical maintenance;
3.3.4. use of all functionalities of the Application specified in the Agreement, subject to the limitation of the period of use.

3.4. The Application allows Users to use their mobile phones to perform electronic transactions to transfer orders for payment for goods/services, to transfer funds to the acquiring bank, as well as to perform other information and technological interaction with third parties.

3.5. The User's authorization data when using the Application and when transmitting any order for execution are recognized as an analogue of the User's handwritten signature.
3.6. When using the Application and transmitting orders via the Application, the User may be charged a fee, the amount of which shall be notified to the User in the Application before the respective order is transmitted for execution. The fee charged for the transfer of such an order is debited from the User's account or bank card from which the funds are transferred. If there are insufficient funds to transmit any order, the execution of such order may be refused.
3.7. The Rightholder has the right to provide paid and free services to Users. The Rightholder informs the User about the terms and conditions of providing paid services (including Services) by placing relevant information about the service (the name of the service, its cost, form and procedure of payment) in the Application or the website of the Rightholder.
3.8. The Rightholder shall not be liable for the temporary down state of payment systems, providing acceptance and transfer of payments of the Users, caused by reasons beyond the control of the Rightholder, as well as force majeure circumstances.

3.9. The Rightholder has the right at its own discretion to make changes, modify the Application, expand its individual functionalities or discontinue the development and technical support of the Application without prior notice.
3.9.1. The terms and conditions of the Agreement shall apply to any updates/new versions, additions to the Application unless a separate license agreement is attached to such update.
3.9.2. By agreeing to install an update/new version, add-on of the Application, the User accepts the terms and conditions of the Agreement for such update of the Application.
3.10. In order to improve and increase the quality and stability of the Application, the Rightholder has the right to collect, store and process statistical information about the User's use of the Application, record the User's actions in the Application, process the obtained data in accordance with the terms and conditions of the Privacy Policy.
3.11. The Rightholder has the right to establish restrictions on the use of the Application Services for all Users or for certain categories of Users (depending on the location of the User, the language in which the service is provided, etc.), including: presence/absence of certain service functions, content retention period, maximum number of messages that can be sent or received by one registered user, maximum message size or disc space, maximum number of accesses to the service for a specified period of time, maximum content storage period, special parameters of downloaded content, etc. The Rightholder may prohibit automatic access to its services, as well as stop accepting any information generated automatically (e.g. spam).
3.12. The Rightholder, in order to protect the User's mobile device and its own equipment, has the right to limit the reception of any messages and their delivery to the User when such messages contain malware or malicious code, or when the Rightholder's automatic filtering and anti-virus protection tools detects the presence of such malware or malicious codes in the said messages. The User is notified and agrees that the Rightholder, for the specified purposes, has the right to analyze and research such malware and malicious codes contained in such messages in order to improve the quality of automatic filtering and anti-virus protection tools.
3.13. The User is independently liable to third parties for his/her actions related to the use of the Application, including if such actions result in violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Application.
3.14. When using the Application, the User shall not:
3.14.1. upload, send, transmit or in any other way post and/or distribute content that is illegal, malicious, defamatory, offensive to morals, promotes violence and cruelty, violates intellectual property rights, promotes hatred and/or discrimination against people on racial, ethnic, sexual, religious, social grounds, contains insults to any person or organization;
3.14.2. upload, send, transmit or in any other way post and/or distribute advertising information not specifically authorized, spam. Carry out mass mailing of information or Content using the Application;
3.14.3. attempt to gain unauthorized access to any content of the Application (Service), accounts of others by hacking, password mining, reading/tracking ("scraping") or any other means aimed at obtaining any material or information not intentionally provided to the User;
3.14.4. take actions aimed at violation of restrictions and prohibitions established by the Agreement;
3.14.5. reproduce, repeat, copy, transmit by any means, as well as use for any commercial purposes any parts of the Application and its services or access to them, unless the User has obtained such authorization from the Rightholder or when it is expressly provided for in this Agreement;
3.14.6. disrupt the normal functioning of the Application including:
* unauthorized access;
* changing (modifying), decompiling, disassembling, decrypting (decoding), translating into other languages, breaking the integrity, restoring the source code of the Application or any parts thereof, as well as other actions with the object code and source code of the Application, in particular, for the purposes of obtaining information on the implementation of algorithms used in the Application;
* interfering with other Users' use of the Application;
* deliberately transmitting viruses and/or "hacking" the Application.

4. REGISTRATION IN THE APPLICATION
4.1. The User shall independently install the Application on his/her mobile device using AppStore or Google Play Internet services available on the public information and telecommunications network "Internet" at the following network addresses: itunes.apple.com and play.google.com, respectively.
4.2. Activation of the Application (hereinafter referred to as "Registration") and further use of the Application shall constitute confirmation of agreement to all terms and conditions of this Agreement.
4.3. User's authorization data (login/password) are created by the User independently. Login/password can be changed by the User at any time and an unlimited number of times. The Login/password may be changed only if the User's current Login/password is entered correctly. The Rightholder recognizes as a User any person who has completed the Registration in the Application and uses the Application for its intended purpose.
4.4. In order to register in the Application and create an account (personal cabinet), the User shall enter his/her phone number or e-mail address (login) in the corresponding registration form and create a password. When registering, the User is obliged to provide true, complete and up-to-date information about himself/herself by filling in the appropriate registration form and to keep such information up-to-date.
4.5. The User shall be authorized using the login/password pair to enter the User's personal cabinet.
4.6. When authorizing the Application, a login/password repeatedly entered incorrectly by the User may result in temporary blocking of the Application.
4.7. The User's personal data received during registration and further use of the Application are processed by the Rightholder in accordance with the Federal Law dated 27.07.2006 No. 152-FZ "On Personal Data" on the terms and conditions set out in the Privacy Policy posted on the Rightholder's website and/or in the Application. By posting the data of third parties, the User guarantees the existence of the consent of such third parties to the transfer of personal data to the Rightholder.
4.8. The User is responsible for the accuracy and correctness, completeness and authenticity of the indication of his/her personal data when registering an account in the Application and for the consequences that may arise for the User in case of incorrect entry of the said data.
4.9. The User is prohibited from sharing his/her account details with third parties. If the User shares his/her login and/or password with a third party, the User shall be liable for the unauthorized actions of the third party as for his/her own actions.
4.10. The User shall immediately notify the Rightholder of any case of unauthorized access to the User's account, as well as any case of breach of security of his/her login and password (loss, transfer of data to third parties, etc.).
4.11. Any actions performed in the Application using the User's login and password shall be deemed to have been performed personally by the respective User.
4.12. The User shall be responsible for any information that is posted to the Website through his/her account.
4.13. The User has the right to delete his/her account – personal cabinet by using the corresponding functionality in the Application.
4.14. The Rightholder has the right to delete the User's account and block the User's access to the Application if the User does not use the Application for 1 (one) year.
4.15. The Rightholder has the right to delete the User's account and block the User's access to the Application or its individual Services if the User violates clause 3.14, section 5 hereof. In this case, the License shall be terminated.
4.16. The Rightholder has the right to unilaterally withdraw from the Agreement at any time and revoke the License from the User. In this case, the Agreement shall be deemed terminated at the moment of sending the User a notification directly in the Application or sending an SMS or message to the e-mail address specified by the User during registration. After sending the said message to the User, the Rightholder blocks access to the Application for a day.


5. INTELLECTUAL PROPERTY
5.1. The Application, including all information contained therein, design elements of the Application, graphic and video images, other objects, all content placed in the Application Services, and text are the objects of exclusive rights of the Rightholder and are protected in accordance with the laws of the Russian Federation. The User undertakes not to reproduce, distribute (including by retransmission), provide, publish, modify, reprocess, compile or otherwise use any of the objects listed in this clause without the written permission of the Rightholder.
5.2. The exclusive rights to use trademarks, commercial designations and other intellectual property objects placed and displayed in the Application shall belong to the Rightholder and its partners. The provisions of the User Agreement cannot and should not be regarded as transferring or granting Users any exclusive (license) rights to use the intellectual property objects placed and displayed in the Application.

5.3. In case the User violates the provisions of this section of the Agreement, including those related to the protection of copyright, intellectual property rights of the Rightholder and/or its Partners, the Rightholder has the right to demand compensation in the amount of RUB 1,000,000 (one million) for each case of violation, as well as compensation for all losses incurred, including loss of profit.

6. LINKS TO THIRD-PARTY WEBSITES
6.1. The Application may contain links to external resources. The User agrees that visiting and using external resources is at the User's own risk. The Rightholder is not responsible for the performance or security of such websites or resources, or for the content, advertising, materials, goods and services available on such websites or resources.

6.2. The link (in any form) to any website, product, service, any information of commercial or non-commercial nature placed in the Application shall not constitute an endorsement or recommendation of these products (services, activities) on the part of the Rightholder, unless it is expressly stated in the Application.

7. LIMITATION OF LIABILITY. WAIVER OF WARRANTY
7.1. The User accepts and agrees that:
7.1.1. the User shall use the Services of the Application at his/her own will and initiative;
7.1.2. the User shall independently assess and bear responsibility for possible risks in the process of using the Application;
7.1.3. the Application is provided "as is" without warranties of any kind, either express or implied;
7.1.4. the Rightholder does not assume any responsibility, including for the non-compliance of the Application Services with the User's goals and expectations.

7.2. The Rightholder cannot guarantee that:
7.2.1. the Application Services will be fully compliant with the User's requirements;
7.2.2. Access to the Application will be uninterrupted, fast, reliable and error free;
7.2.3. The results that may be obtained in the process of using the Application Services will be in line with the User's expectations. By accepting the terms and conditions of this Agreement, the User also assumes the risk of variability of the result, including its presence or absence, when applying for personal purposes the knowledge, skills and abilities acquired by the User during the implementation of recommendations, due to the individual characteristics of the participant, his/her dog, including health, life circumstances and other.

7.3. The Rightholder shall not be liable for the failure of the Application to meet the User's expectations and/or for the User's subjective evaluation. Such non-compliance with expectations and/or negative subjective evaluation are not grounds to consider the Application as substandard. Such grounds also do not include the opinion of third parties (including employees of state authorities) different from the opinion of the Rightholder (its employees and/or partners).

7.4. The Rightholder shall not be liable for the User's failure to obtain the result of applying the knowledge obtained in the Application, obtaining the result below the User's expectations (lack thereof), as well as for direct and indirect losses (damages, documented expenses) of the User, since the efficiency of the User's use of the acquired knowledge, skills and abilities depends on many factors known and unknown to the Rightholder, which the Rightholder has no opportunity to influence and is not obliged to influence, such as: purposefulness, diligence, perseverance, level of intellectual development, state of health, creative abilities of the User, his/her other individual qualities and personal characteristics, individual qualities of his/her dog, which is unconditionally accepted by both Parties.

7.5. The Users who have serious systemic diseases, including mental disorders of the nervous system and other chronic diseases, known and unknown to them at the time of entering into this Agreement, as well as Users undergoing treatment or post-operative rehabilitation, are solely responsible for the state of their health and life.

7.6. The Users shall be independently liable for potential risks associated with changes in the mode of life activity and their psycho-emotional state, both occurring during the use of the Application and at any further time, regardless of the location of the person and agree to waive claims, lawsuits and demands to the Rightholder in this regard, related to compensation for damages (losses) and other.

7.7. The Parties shall be exempt from liability for non-performance or improper performance of their obligations under this Agreement in the event of force majeure circumstances, directly or indirectly preventing the performance of this Agreement, i.e. such circumstances that are independent of the will of the Parties, that the Parties could not predict at the time of entering into the Agreement and prevent by reasonable means upon their occurrence (force majeure).
These circumstances include: war and hostilities, insurrection, epidemics, earthquakes, floods, acts of the authorities directly affecting the subject matter of this Agreement, etc.
The Party affected by such circumstances shall immediately notify the other Party in writing of the occurrence of the relevant circumstances and their effect on the performance of the relevant obligations under this Agreement.

8. MISCELLANEOUS
8.1. This Agreement shall be governed by and construed in accordance with the applicable laws of the Russian Federation.
8.2. All disputes that may arise out of or relate to this Agreement shall be resolved in accordance with the procedure provided for by the current legislation of the Russian Federation.
8.3. A court declaring any provision of the Agreement invalid or unenforceable shall not invalidate the other provisions of the Agreement.
8.4. All questions, appeals and claims related to the use/inability to use the Application, as well as possible infringement of legislation and/or third party rights, should be sent via the feedback form in the Application.
Props LLC "IOSS.AN"
ITN: 2311367358
MSRN: 1242300037979
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