Privacy policy

1. Introduction

  • 1.1 We are committed to safeguarding the privacy of our application users; in this policy we explain how we will treat your personal information.

2. Collecting personal information

  • 2.1 We may collect, store and use the following kinds of personal information:

    • (a) information about your mobile device and about your visits to and use of this application (including your IP address, geographical location, mobile device type and version, operating system and length of visit);
    • (b) information that you provide to us when registering with our application (including your phone number, phonebook and email address);
    • (c) information that you provide when completing your profile in our application (including your name, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details);
    • (d) information that you provide to us when using the services of our application, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use);
    • (e) information contained in or relating to any communication that you send to us or send through our application (including the communication content and metadata associated with the communication); and
    • (f) any other personal information that you choose to send to us.
  • 2.2 Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy.

3. Using personal information

  • 3.1 Personal information submitted to us through our application will be used for the purposes specified in this policy.

  • 3.2 We may use your personal information to:

    • (a) administer our business;
    • (b) enable your use of the services available on our application;
    • (c) send statements, invoices and payment reminders to you, and collect payments from you;
    • (d) send you non-marketing commercial communications;
    • (e) send you notifications that you have specifically requested;
    • (f) send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
    • (g) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
    • (h) deal with enquiries and complaints made by or about you relating to our application;
    • (i) keep our application secure and prevent fraud; and
    • (j) verify compliance with the terms and conditions governing the use of our application (including monitoring private messages sent through our application private messaging service).
  • 3.3 If you submit personal information for publication with our application, we will publish and otherwise use that information in accordance with the licence you grant to us.

  • 3.4 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing.

4. Disclosing personal information

  • 4.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

  • 4.2 We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.

  • 4.3 We may disclose your personal information:

    • (a) to the extent that we are required to do so by law;
    • (b) in connection with any ongoing or prospective legal proceedings;
    • (c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
    • (d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
    • (e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
  • 4.4 Except as provided in this policy, we will not provide your personal information to third parties.

5. International data transfers

  • 5.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

  • 5.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China and India.

  • 5.3 Personal information that you publish with our application or submit for publication in our application may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

  • 5.4 You expressly agree to the transfers of personal information described in this Section 5.

6. Retaining personal information

  • 6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

  • 6.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

  • 6.3 Notwithstanding the other provisions of this Section 6, we will retain documents (including electronic documents) containing personal data:

    • (a) to the extent that we are required to do so by law;
    • (b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
    • (c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

7. Security of personal information

  • 7.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

  • 7.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

  • 7.3 All messages and media sent or transmitted through our application will be protected by encryption technology.

  • 7.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

  • 7.5 You are responsible for keeping the password you use for accessing your account with our application confidential; we will not ask you for your password (except when you log in to our application).

8. Amendments

  • 8.1 We may update this policy from time to time by publishing a new version on our application.

  • 8.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

  • 8.3 We may notify you of changes to this policy by email or through the private messaging system of our application.

9. Your rights

  • 9.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a notary or solicitor or bank plus an original copy of a utility bill showing your current address).

  • 9.2 We may withhold personal information that you request to the extent permitted by law.

  • 9.3 You may instruct us at any time not to process your personal information for marketing purposes.

  • 9.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

10. Third party websites and applications

  • 10.1 Our application includes hyperlinks to, and details of, third party websites and applications.

  • 10.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.

11. Updating information

  • 11.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.

End user licence agreement

Please read this EULA carefully, as it sets out the basis upon which we license the Software for use.

By clicking "install" when you first install the Software, you agree to be bound by the provisions of this EULA. If you do not agree to be bound by the provisions of this EULA, you must terminate the installation process.

AGREEMENT

1. Definitions

  • 1.1 Except to the extent expressly provided otherwise, in this EULA:

    "Charges" means those amounts that the parties have agreed in writing shall be payable by the User to the Licensor in respect of this EULA;

    "Documentation" means the documentation for the Software produced by the Licensor and delivered or made available by the Licensor to the User;

    "Effective Date" means the date upon which the User gives the User's express consent to this EULA, following the issue of this EULA by the Licensor;

    "EULA" means this end user licence agreement, including any amendments to this end user licence agreement from time to time;

    "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);

    "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

    "Licensor" means Ulimited Technologies Rus., a company incorporated in Moscow, Russian Federation (registration number 5167746246080), having its registered office at 24 bld.1 Novoslobodskaya Street, in the City of Moscow, Russian Federation, Zip Code 127055;

    "Maintenance Services" means the application to the Software of Updates and Upgrades;

    "Marketplace" means AppStore, Google Play or any other service providing the ability to download, copy, purchase or otherwise obtain the Software;

    "Minimum Term" means, in respect of this EULA, the period of 12 months beginning on the Effective Date;

    "Services" means any services that the Licensor provides to the User, or has an obligation to provide to the User, under this EULA;

    "Software" means express application;

    "Software Specification" means the specification for the Software set out in the Documentation;

    "Source Code" means the Software code in human-readable form or any part of the Software code in human-readable form, including code compiled to create the Software or decompiled from the Software, but excluding interpreted code comprised in the Software;

    "Support Services" means support in relation to the use of the Software and the identification and resolution of errors in the Software, but shall not include the provision of training services whether in relation to the Software or otherwise;

    "Update" means a hotfix, patch or minor version update to the Software;

    "Upgrade" means a major version upgrade of the Software]

    "User" means the person to whom the Licensor grants a right to use the Software under this EULA; and

2. Term

  • 2.1 This EULA shall come into force upon the Effective Date.

  • 2.2 This EULA shall continue in force indefinitely, subject to termination in accordance with Clause 15.

3. Licence

  • 3.1 The Licensor hereby grants to the User from the date of supply of the Software to the User until the end of the Term a worldwide, non-exclusive licence to:

    • (a) install a single instance of the Software;

    • (b) use a single instance of the Software in accordance with the Documentation; and

    subject to the limitations and prohibitions set out and referred to in this Clause 3.

  • 3.2 The User may not sub-license and must not purport to sub-license any rights granted under Clause 3.1 without the prior written consent of the Licensor.

  • 3.3 Save to the extent expressly permitted by this EULA or required by applicable law on a non-excludable basis, any licence granted under this Clause 3 shall be subject to the following prohibitions:

    • (a) the User must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the Software;

    • (b) the User must not alter, edit or adapt the Software; and

    • (c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Software].

  • 3.4 The User shall be responsible for the security of copies of the Software supplied to the User under this EULA (or created from such copies) and shall use all endeavors (including all security measures) to ensure that access to such copies is restricted to persons authorised to use them under this EULA.

4. Source Code

  • 4.1 Nothing in this EULA shall give to the User or any other person any right to access or use the Source Code or constitute any licence of the Source Code.

5. No assignment of Intellectual Property Rights

  • 5.1 Nothing in this EULA shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.

6. Charges

  • 6.1 The Licensor provides the User with the right to use the Software free of any charge.

  • 6.2 The Licensor reserves the right to impose charges for the use of the current version of the Software as well as for any of Upgrades of Updates thereto, of which the User shall be notified at least 30 days in advance of imposition of such charge.

7. Payments

  • 7.1 The Licensor shall issue invoices for the Charges to the User on a monthly basis by the 5th day of each month when the Software was used.

  • 7.2 The User must pay the Charges to the Licensor within the period of 30 days following the issue of an invoice in accordance with this Clause 10.

  • 7.3 The User must pay the Charges in accordance with the payment policy set forth by the Marketplace as amended from time to time.

8. Warranties

  • 8.1 The Licensor warrants to the User that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.

  • 8.2 The Licensor warrants to the User that:

    • (a) the Software as provided will conform in all material respects with the Software Specification;

    • (b) the Software will be supplied free from viruses, worms, Trojan horses, ransomware, spyware, adware and other malicious software programs; and

    • (c) the Software shall incorporate security features reflecting the requirements of good industry practice.

  • 8.6 The User warrants to the Licensor that it has the legal right and authority to enter into this EULA and to perform its obligations under this EULA.

  • 8.7 All of the parties' warranties and representations in respect of the subject matter of this EULA are expressly set out in this EULA. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this EULA will be implied into this EULA or any related contract.

9. Acknowledgements and warranty limitations

  • 9.1 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be wholly free from defects, errors and bugs.

  • 9.2 The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this EULA, the Licensor gives no warranty or representation that the Software will be entirely secure.

  • 9.3 The User acknowledges that the Software is only designed to be compatible with that software specified as compatible in the Software Specification; and the Licensor does not warrant or represent that the Software will be compatible with any other software.

  • 9.4 The User acknowledges that the Licensor will not provide any legal, financial, accountancy or taxation advice under this EULA or in relation to the Software; and, except to the extent expressly provided otherwise in this EULA, the Licensor does not warrant or represent that the Software or the use of the Software by the User will not give rise to any legal liability on the part of the User or any other person.

10. Limitations and exclusions of liability

  • 10.1 Nothing in this EULA will:

    • (a) limit or exclude any liability for death or personal injury resulting from negligence;

    • (b) limit or exclude any liability for fraud or fraudulent misrepresentation;

    • (c) limit any liabilities in any way that is not permitted under applicable law; or

    • (d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this EULA, except to the extent permitted by law.

  • 10.2 The limitations and exclusions of liability set out in this Clause 10 and elsewhere in this EULA:

    • (a) are subject to Clauses 10.1 and 13.6; and

    • (b) govern all liabilities arising under this EULA or relating to the subject matter of this EULA, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this EULA.

  • 10.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.

  • 10.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.

  • 10.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.

  • 10.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.

  • 10.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.

  • 10.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.

  • 10.9 The liability of the Licensor to the User under this EULA in respect of any event or series of related events shall not exceed the total amount paid and payable by the User to the Licensor under this EULA in the 2 month period preceding the commencement of the event or events.

  • 10.10 The aggregate liability of the Licensor to the User under this EULA shall not exceed the total amount paid and payable by the User to the Licensor under this EULA.

11. Termination

  • 11.1 The Licensor may terminate this EULA immediate effect by giving to the User a notice of termination sent in any form (including email or electronic message through the Software).

  • 11.2 The User may terminate this EULA by giving to the Licensor with immediate effect by giving to the User a written notice of termination.

12. Effects of termination

  • 12.1 Upon the termination of this EULA, all of the provisions of this EULA shall cease to have effect, save that the following provisions of this EULA shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.1, 7.2, 10, 12, 13 and 14.

  • 12.2 Except to the extent that this EULA expressly provides otherwise, the termination of this EULA shall not affect the accrued rights of either party.

  • 12.3 Within 30 days following the termination of this EULA for any reason the User must pay to the Licensor any Charges in respect of Services provided to the User before the termination of this EULA and in respect of licences in effect before the termination of this EULA without prejudice to the parties' other legal rights.

  • 12.4 For the avoidance of doubt, the licences of the Software in this EULA shall terminate upon the termination of this EULA; and, accordingly, the User must immediately cease to use the Software upon the termination of this EULA.

  • 12.5 Within 10 Business Days following the termination of this EULA, the User must:

    • (a) return to the Licensor or dispose of as the Licensor may instruct all media in its possession or control containing the Software; and

    • (b) irrevocably delete from all computer systems in its possession or control all copies of the Software.

13. General

  • 13.1 No breach of any provision of this EULA shall be waived except with the express written consent of the party not in breach.

  • 13.2 If any provision of this EULA is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this EULA will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

  • 13.3 This EULA may not be varied except by a written document signed by or on behalf of each of the parties.

  • 13.4 Neither party may without the prior written consent of the other party assign, transfer, charge, license or otherwise deal in or dispose of any contractual rights or obligations under this EULA.

  • 13.5 This EULA is made for the benefit of the parties, and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this EULA are not subject to the consent of any third party.

  • 13.6 Nothing in this EULA shall exclude or limit any liability of a party for fraud or fraudulent misrepresentation, or any other liability of a party that may not be excluded or limited under applicable law.

  • 13.7 Subject to Clauses 10.1 and 13.6, this EULA shall constitute the entire agreement between the parties in relation to the subject matter of this EULA, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.

  • 13.8 This EULA shall be governed by and construed in accordance with Russian law.

  • 13.9 The courts of Russian Federation shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this EULA.

14. Interpretation

  • 14.1 In this EULA, a reference to a statute or statutory provision includes a reference to:

    • (a) that statute or statutory provision as modified, consolidated and/or re-enacted from time to time; and

    • (b) any subordinate legislation made under that statute or statutory provision.

  • 14.2 The Clause headings do not affect the interpretation of this EULA.

  • 14.3 In this EULA, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.