1. GENERAL PROVISIONS
• 1.1. This User Agreement (hereinafter – the “Agreement”) governs the relationship between the developer «Photopixel» mobile application (hereinafter – the “Developer”), and capable person, duly acceded to this Agreement (hereinafter – the “User”) for the right to use mobile «Photopixel» application (hereinafter – the “application”).
• 1.2. The app is cloud automation software and a set of printing promotional tools developed for mobile devices running «iOS» Operating systems and «Android» and the company’s website, including tablet computers (hereinafter – mobile devices).
• 1.3. This Agreement is an open and public document. The current edition of the User Agreement is located in the Internet at: http://photopixelapp.com/terms-and-conditions.
• 1.4. Installing the application on the mobile device user is an acceptance and confirmation of the User’s consent to the terms of this Agreement.
• 1.5. By accepting this Agreement, the User consents to the processing of its developer data, including personal, made by the user in the application.
• 1.6. The terms of this Agreement is a public offer in accordance with Art. 641 of the Civil Code of Ukraine. Developer provides user access rights and the use of applications on the terms of this Agreement.
• 1.7. This Agreement may be amended and / or supplemented developer unilaterally. This continued use of the Annex after the amendments and / or additions to the present Agreement, means the consent to such amendments and / or additions, in connection with which the user is obliged to regularly monitor changes in the Agreement posted on the website http://photopixelapp.com / terms-and-conditions /.
• 1.8. Appeals, suggestions and complaints to the developer Members related to the functioning of the Annex may be sent to the email address: firstname.lastname@example.org.
• 1.10. By accepting this Agreement, the User confirms its legal capacity, confirms the accuracy of your personal data and takes full responsibility for their accuracy, completeness and reliability.
• 1.11. The user assumes all risks, including material related to his activities on the use of applications.
• 1.13. The app is available for use on an “as is”. The developer is not responsible for errors, crashes, safety of data users and other deficiencies and irregularities in the Annex and the consequences of the User, including for actual damages, loss of profits, damages, non-pecuniary damage, harm to honor, dignity and business reputation.
2. RIGHTS AND OBLIGATIONS OF THE USER
• 2.1. User agrees to properly comply with the terms of this Agreement.
• 2.2. The user is given the right to use applications for the sole purpose of personal use. This user can use the application only in accordance with the terms of this Agreement.
• 2.3. User agrees not to use the application in violation of the rights and legitimate interests of developers, and other right holders, third parties and this Agreement.
• 2.4. User agrees to take appropriate measures to ensure the safety of its mobile devices, and is personally responsible in the case of access to his mobile device to third parties.
• 2.5. The user is prohibited from directly or through third parties to carry out decompile applications, as well as to carry out reverse engineering applications.
• 2.6. You are responsible for the use of applications in any manner not expressly permitted in this Agreement.
• 2.7. User may not carry out any unauthorized actions with the Annex, including carrying out a paid hack functional applications.
• 2.8. Before you install an application to your mobile device user is obliged to get acquainted with all the information about the applications that are hosted on the site. Installing applications on your mobile device confirms the execution of the user specified in this paragraph commitments.
• 2.9. The User is obliged to pay the developer to use the Annex in accordance with the terms specified in the http://photopixelapp.com/prints.
• 2.11. The user provides consent developer to carry out the processing of his personal data to improve service and to collect statistics on the market.
3. RIGHTS AND OBLIGATIONS OF DEVELOPER
• 3.1. The developer has the right to transfer rights and obligations under this Agreement to third parties for the execution of this Agreement without the consent of the User.
• 3.2. The developer has the right to direct the user in any way on the operation of applications, including direct advertising, information and other communications to the email address or phone number specified by the user, or post relevant information in the Appendix.
• 3.3. The developer may provide users free and paid services. Conditions for the provision of paid services developer informs users by placing in the Appendix or on the website http://photopixelapp.com relevant information about the service (service name, its value, the form and method of payment).
• 3.4. The developer has the right to block the User’s access to the Annex or part thereof in the case of violations of this Agreement by the User.
• 3.5. The developer has the right, subject to paragraph 2.11 of the Agreement, to carry out processing of personal data of the User. The data are used to improve the service and to collect statistics on the market.
• 3.6. The developer has the right to restrict, without prior notice, suspend or terminate use of the Annex without compensation of losses incurred by the user, including if the developers there is evidence to believe that the user or its affiliates (intentionally or unintentionally)
o – when using Annex violate the law, the provisions of this Agreement or the rights and legitimate interests of third parties;
o – are unfairly Annex, excessive or not in accordance with its purpose;
o – Appendix harm or health;
o – carried out unauthorized access to applications and information in it;
o – pose a threat to the failure of technical and / or software developers, and / or third parties.
• 3.7. The developer has the right without notice to restrict, suspend or terminate use of the Annex in the case of guidance / decision of a state or other authorized body.
4. GUARANTEES AND RESPONSIBILITY OF THE PARTIES
• 4.1. For the execution of this Agreement may be held by third parties. The user confirms that the said third party shall be accorded the same rights as the holder of rights to use the application, including in relation to personal data of the User.
• 4.2. The user guarantees that he would not take any action aimed exclusively at damaging the developers, operators of cellular mobile communication, holders or other persons.
• 4.3. In case of violation of the rules of use applications, the User’s obligations and prohibitions set forth in Section 3 of this Agreement, as well as in case of violation of paragraph 4.2 of this Agreement, the User agrees to reimburse the developer damages caused by such actions in their entirety.
• 4.4. The user is solely responsible for the unauthorized access of third parties to the application installed on the mobile device user.
• 4.5. In case of loss, removal, damage made by the user in the application of information as a result of actions / omissions of the User, the entire responsibility of the user.
• 4.6. Recognising the international nature of the Internet, the user assumes responsibility for compliance with all local regulations and laws (The user uses the application) relating to a user’s network.
5. FINAL PROVISIONS
• 5.1. In the event of any dispute or disagreement relating to the execution of this Agreement, users and developers will make every effort to resolve them through negotiations between them. If the disputes are not resolved by negotiations, the disputes shall be settled in the appropriate court of competent jurisdiction at the location of the Developer.
• 5.2. None of the Agreement, the Parties shall not be liable for any failure to perform its obligations under this Agreement if the proper performance was impossible due to force majeure.
• 5.3. This Agreement shall enter into force for the user since the installation of applications on your mobile device and is valid indefinitely.
• 5.4. Each Party shall have the right to unilaterally terminate this Agreement by notifying the other party by e-mail. The moment of termination of this Agreement shall be the date specified in the notice of termination of the Agreement, and in the absence of such an indication – the date of sending the electronic notice of the Party.
• 5.5. This Agreement is made in Russian.
• 5.6. If any provision of this Agreement is held invalid, this does not affect the validity or enforceability of the remaining provisions of this Agreement.