User License Agreement with respect to the “РОСОСМОТР” application

TERMS AND DEFINITIONS

• provides services to the User;
• performs marketing communications with the User through the Application;
• modifies the content of the Application.

1. GENERAL PROVISIONS
   1. This Agreement regulates the relationship between the Company and the User.
   2. The Application is a program developed for mobile devices running on Apple iOS, Google Android operating systems.
   3. This Agreement is an open and publicly available document. The current version of the Agreement is available on the Internet at: https://osmotr.itbroker.ru/terms?lang=en
   4. The terms of this Agreement is a public offer in accordance with Art. 437 of the Civil Code of the Russian Federation and the use of the Application is possible solely on the terms of this Agreement.
   5. By accepting the terms of this Agreement, the User confirms their consent to the processing of their personal data by the Company, provided during registration, including, but not limited to, for answering the User's requests to the technical support service of the Application, as well as resolving possible claims. The User also confirms their consent to the transfer of the above personal data of the Company to the Customer and their processing by the Company to the Customer for the purposes of this Agreement and the implementation of the Application functioning, as well as the resolution of claims related to the execution of this Agreement.
   6. By accepting the terms of this Agreement, the User also accepts the terms of the Policy of storage and processing of personal data of Users. The current version of the Policy is available on the Internet at: https://osmotr.itbroker.ru/privacy/common/?lang=en
   7. The current version of the Agreement, which is a public document, is available to any Internet user by clicking on the link https://osmotr.itbroker.ru/terms?lang=en. The Executor has the right to make changes to this Agreement. When making changes to the Agreement, the Executor shall notify users by posting the new version of the Agreement at the permanent address: https://osmotr.itbroker.ru/terms?lang=en not later than 10 days before the entry into force of the relevant changes. Previous editions of the Agreement are stored in the Executor's documentation archive. In this case, the continued use of the Application after the changes and/or additions to this Agreement, means the consent of the User to such changes and/or additions, in connection with which the User undertakes to regularly monitor the changes in the relevant section in the Application and in the Agreement posted on the website https://osmotr.itbroker.ru/terms?lang=en.
   8. Appeals, proposals and claims of individuals and entities to the Contractor related to the content and functioning of the Application, violations of the rights and interests of third parties, the requirements of the legislation of the Russian Federation, as well as for requests of authorized by the legislation of the Russian Federation may be sent to the address Russia, 127566, Moscow, Altuf'evskoe sh, 48, building 2, office 201, LLC KALKUL.RU.
   9. This Agreement is made in accordance with the legislation of the Russian Federation. Matters not regulated by the Agreement shall be resolved in accordance with the legislation of the Russian Federation.
   10. If the User does not agree to the terms of this Agreement, the use of the Application shall be terminated immediately.
2. USER RIGHTS AND OBLIGATIONS
   1. The User agrees to properly comply with the terms of this Agreement.
   2. When registering in the Application, the User agrees to provide accurate information about himself/herself necessary for:
      • correct provision of marketing services by the Company to the Customer;
      • answering the User's requests to the technical support service of the Application;
      • confirming that the account in the Application belongs to this User in case of loss of the account.
   3. The User agrees to take appropriate measures to ensure the safety of his mobile device and is personally responsible for the safety of personal data specified in the Application, in case of access to his mobile device by third parties.
   4. The User agrees not to use the Application for any purpose other than personal, non-commercial use.
   5. The User undertakes not to mislead other Users and third parties by using the Application.
   6. The User agrees not to use third-party software and other technical means that affect the operation of the Application and the related system.
   7. The User is forbidden to decompile the Application independently or with the involvement of third parties, as well as to distribute, make publicly available and provide other access to the Application, reverse-engineer the Application or its individual elements.
3. CONTRACTOR'S RIGHTS AND OBLIGATIONS
   1. The Contractor Company may transfer the rights and obligations under this Agreement to the Company to the Customer for the purpose of performing this Agreement, without further consent of the User.
   2. User by agreeing with this offer gives his informed and voluntary consent to participate in promotional, advertising, marketing and other activities to promote the services of the Company to the Customer, the Company's partners and other third parties. Company Contractor may send the user information about the functioning of the Application to the email address specified by the user, as well as to send the Customer's Company or its own information, advertising or other messages, or place the relevant information in the Application itself.
   3. Company Contractor shall not be liable for negative consequences and losses resulting from events and circumstances beyond its competence, as well as for actions (inactions) of third parties, including actions or inactions of the Customer's Company.
   4. The Contractor has the right to block the User's access to the Application if the User is found to have violated the obligations specified in Section 2 of this Agreement.
   5. The Company of the Executor reserves the right to limit the User's access to the Application at any time for organizational or technical reasons without notifying the User.
   6. The Executor Company reserves the right to terminate this Agreement unilaterally at any time for organizational or technical reasons, by blocking the possibility of using it.
   7. The Company of the Executor processes the user's personal data in order to fulfill the contract between the Company of the Executor and the User for the provision of the Services of the Application. By virtue of Article 6 of the Federal Law of 27.07.2006 № 152-FZ "On Personal Data" does not require a separate consent of the user to the processing of his personal data. By virtue of paragraphs. 2 Clause 2 of Article 22 of the said Act, the Company may process personal data without notice to the authorized agency for the protection of human subjects of personal data. The policy on storage and processing of personal data can be found at https://osmotr.itbroker.ru/privacy/common/?lang=en
   8. In order to improve and enhance the stability of the Application, the Company shall be entitled to collect, store and process statistical information about the User's use of the Application, which includes:
      • data about the User's mobile device model (device identifier);
      • statistical information about the use of the Application;
      • logins of accounts used by the user of mobile applications of social networks and other mobile applications, for Users with the Android operating system, as well as for Users with other operating systems when using the functions of the Application related to social networks (VKontakte, Facebook).
4. GUARANTEES AND LIABILITY OF THE PARTIES
   1. The User guarantees that he will not take any actions aimed solely at causing damage to the Company to the Contractor, the Company to the Customer, mobile operators, copyright holders or other persons.
   2. In case of violation of the rules of using the Application, specified in section 3 of this Agreement, as well as in case of violation of paragraph 5.2 of this Agreement, the User agrees to compensate the Company for the damage caused by such actions.
   3. Unless the User proves otherwise, any actions performed using his mobile device shall be deemed to have been performed by the relevant User.
5. LINKS TO THIRD-PARTY SITES
   1. The Application may contain links or provide access to other websites on the Internet (third party websites) and content placed on these websites, which are the result of intellectual activity of third parties and are protected in accordance with the legislation of the Russian Federation. These sites and the content posted on them are not checked by the Company Contractor for compliance with the requirements of the legislation of the Russian Federation.
   2. The Company Contractor shall not be responsible for any information or content posted on the websites of third parties, to which the User accesses through the Application, including, but not limited to, any opinions or statements expressed on the websites of third parties.
   3. The User confirms that as soon as the User follows the link contained in the Application to a third party site, the relationship between the Contractor Company and the User stops, this Agreement does not apply to the User in the future, and the Contractor Company is not responsible for the User's use of content, the legality of such use and the quality of content posted on third party sites.
6. FINAL PROVISIONS
   1. In case of any disputes or disagreements, connected with fulfillment of this Agreement the User and the Company the Executor will do their best to solve them by negotiations between them. In case the disputes are not solved by negotiations, they shall be solved in the respective court at the location of the Provider Company in accordance with the procedure prescribed by the current legislation of the Russian Federation.
   2. This Agreement comes into force for the User from the moment of Registration in accordance with clause 2.2 of the Agreement and is valid until it is modified or terminated on the initiative of the Executor.
   3. This Agreement is made in English language.
   4. If any provision of this Agreement is held invalid, this does not affect the validity or applicability of the remaining provisions of this Agreement.
   5. Continued use of the Application means that you have accepted responsibility for unconditional compliance with this Agreement.