This document is effective as of October 24, 2020.
User agreement for using the HomeTodo mobile app
1. TERMS AND DEFINITIONS
«Application» is a mobile application developed by the Developer for iOS mobile operating systems, in order to provide the ability to set tasks and reminders for servicing homes or any residential or non-residential premises.
«Agreement» is the user agreement for the use of the mobile application "HomeTodo".
«User» is the user of HomeTodo app, legally capable individual who has downloaded the HomeTodo app and created an account in the HomeTodo app, logged in, consented to the processing of personal data, and installed the App on their mobile device.
«Developer» is the developer of the HomeTodo mobile app — Alexander Stankevich.
2. GENERAL PROVISIONS
2.1. The Agreement regulates the relationship between the Developer and the User who duly joined the Agreement to use the Application.
2.2. The Developer is not responsible for the content of the Application, under the terms of this Agreement. Apple is not responsible for the content of the App.
2.3. This Agreement is a non-transferable license to the User to use the App on any Apple device. In this case, the User must comply with the terms of service of the App Store, except for the use of the Application by other User accounts associated with it through Family Sharing.
2.4. Terms of the Agreement are public offer in accordance with part 2 of article 437 of the Civil code of the Russian Federation. Using the App is only possible under the terms of the Agreement.
2.5. Using the App is an acceptance of the public offer and confirmation of the User's consent to the terms of the Agreement.
2.6. In order to start using the HomeTodo app, the User must create an account. When creating an account, the User enters the following information: email address, first name, last name, photo.
2.7. Upon completion of registration and having the access code entered by the User manually or automatically, the User controls access to this device by "linking" the device to their account.
2.8. The Agreement comes into force from the moment of installing the Application and is valid for an indefinite period. The current version of the Agreement is an open document, published on the Internet and available to any User on the Developer's website https://home-todo.com/legal/terms-of-use/. The Developer has the right to make changes and / or additions to the Agreement. The Developer publishes a new current version of the Agreement and the date of publication is the date of entry into force of the new edition of the Agreement. Previous versions of the Agreement are stored in the Developer's documentation archive. The User undertakes to independently monitor the relevance of the Agreement, the content of which may change/be supplemented. The risk of late familiarization of the User with the terms of the Agreement lies with the User.
2.9. Continued use of the Application after making changes and/or additions to the Agreement means that the User agrees to such changes and / or additions. The agreement is drawn up in accordance with the legislation of the Russian Federation. Issues not regulated by the Agreement are subject to resolution in accordance with the legislation of the Russian Federation.
2.10. If the User does not agree with the terms of the Agreement, the use of the App must be immediately terminated.
2.11. By agreeing to the terms of the Agreement, the User confirms their legal capacity and confirms the accuracy of the data entered by him during registration, and assumes full responsibility for their accuracy, completeness and reliability.
2.12. The User guarantees that they are not located in a country that is subject to the USA government embargo, or that has been designated by the US Government as a country "supporting terrorists"; and that they are not included in any List of prohibited or restricted parties by the US government.
2.13. The Parties agreed that the User can use a simple electronic signature as an analogue of a handwritten signature to sign documents with the Developer.
2.14. Appeals, suggestions and complaints of individuals and legal entities to the Developer associated with the content, application, violation of the rights and interests of third parties, the requirements of the legislation of the Russian Federation, as well as for requests authorized by the Russian legislation individuals can be sent to email: email@example.com
2.15. This Agreement applies to all information that the Developer and/or its authorized representatives and affiliates may receive about users of the application produced by the Developer.
3. THE RIGHTS AND OBLIGATIONS OF THE USER
3.1. The User undertakes to use the Application solely for personal, non-commercial use. However, the User can only use the App in accordance with the Agreement.
3.2. The User undertakes not to distribute false or confidential information about the Application or the Developer, including on the Internet.
3.3. The User undertakes not to use third-party software or other technical means that affect the operation of the Application.
3.4. The User is aware and agrees that the use of the Application with other devices may cause changes of the settings of the addresses of the servers running other services on such devices, a full Application cannot be guaranteed.
3.5. The User is prohibited from decompiling the Application independently or with the involvement of third parties, as well as distributing, making available to the public and providing other access to the Application, performing reverse engineering of the Application or its individual elements.
3.6. The User undertakes 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.
3.7. If the User does not prove the opposite, any actions performed using their mobile device are considered to be performed by the corresponding User.
3.8. The User guarantees that he will not take any actions aimed at causing damage to the Developer.
3.9. If the User violates the obligations specified in section 3 of this Agreement, the User undertakes to compensate the Developer for the damage caused by such actions, namely direct and indirect losses incurred by the Developer.
3.10. The User is responsible for using the Application and its services in any way not expressly permitted by the Agreement.
3.11. The User must comply with the applicable terms of the Agreement with third parties by using the App, including the terms and conditions of the Apple Store.
3.12. The Parties confirm and agree that Apple and its subsidiaries are third party beneficiaries of the Agreement. After the User accepts the terms of the Agreement, Apple will have the right (and will be deemed to have accepted this right) to enforce the Agreement on the User as a third party who is its beneficiary.
3.13. the User has the right to unilaterally withdraw from the Agreement at any time out of court by deleting the Application from their mobile device. In this case, the processing of User information is terminated from the moment and subject to the Developer's revocation of consent to the processing of personal data by the Developer via the feedback form firstname.lastname@example.org, with a mandatory email address. If the email address is not specified in the request, the Developer will have the right to continue processing the User's personal data. After receiving the specified review, all the User's personal data is deleted.
4. DEVELOPER'S RIGHTS AND OBLIGATIONS
4.1. By agreeing to the Agreement, the User provides their informed and voluntary consent to participate in promotional advertising, marketing and other activities aimed at promoting the services of the Developer and its partners. The developer has the right to send the User information about the Application, information, advertising or other messages on the e-mail address, telephone number, specified by the User, and place the appropriate information in the Application. The user can refuse to receive the information specified in this paragraph in the Application at any time.
4.2. The developer has the right to control and correct the contents of the Application.
4.3. If the Developer discovers that the User is using the Application in bad faith, the Developer has the right to restrict or block the User's access to the Application at any time without notifying the User.
4.4. The Developer has the right to terminate the Agreement unilaterally at any time by blocking the use of the Application.
4.5. The Developer has the right to transfer the rights and obligations under the Agreement to third parties for the purpose of executing the Agreement without the User's additional consent.
5. LIABILITY and LIMITATION of LIABILITY
5.1. The Developer hereby confirms that It is not responsible for providing any maintenance and support services in relation to the Application, as well as in accordance with applicable law. The User confirms that Apple does not assume any obligations or responsibilities in relation to any services related to the maintenance or support of the Application.
5.2. The Developer not provides guarantees, in particular, regarding the performance of the Application, its functionality, information content, availability, and reliability of operation in relation to devices running the iOS operating system. The Developer does not guarantee that the App meets the User's needs and expectations.
5.3. If there is a problem with the App in the App Store, the User may notify Apple, and Apple will refund the User the cost of the App (if the App is paid); however, Apple will not be liable for any other problems with the App, including compensation for damages or expenses related to the violation of any warranty.
5.4. The Developer is under no circumstances responsible for the performance of the User's mobile device.
5.5. The Developer is not responsible for the negative consequences and losses resulting from events and circumstances beyond its competence, as well as for the actions (inaction) of third parties, including the actions or inaction of the User
6. FINAL PROVISIONS
6.1. The Developer undertakes to provide all available and necessary technical, software and other ways to protect the information stored on the Developer's server from loss, distortion, unauthorized access by third parties.
6.2. The Developer informs Users about the fact that there is no foolproof method of transmission over the Internet or their subsequent storage in digital form. In this regard, the Developer does not guarantee full protection of the information received.
6.3. If the User loses or fails to ensure the safety and confidentiality of authorization data (username and password), third parties may gain unauthorized access to the data stored on the Developer's server.
6.4. If third parties claim that the user's ownership or use of the App violates the intellectual property rights and/ or copyrights of these third parties, the Developer is not responsible for investigating, protecting and resolving such claims.
7. OTHER CONDITIONS
7.1. This Agreement may be changed or terminated by the Developer unilaterally without prior notice to the User and without payment of any compensation in this regard.
7.2. The Current version of this Agreement is posted on the Developer's Website and is available on the Internet at https://home-todo.com/legal/terms-of-use/