1. GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the "Agreement") governs the relationship between "Peakscircle" LTD. (hereinafter referred to as the "Company") and individuals who have joined this Agreement to use the HealthTracker mobile application (hereinafter referred to as the "User"), by accepting the terms of this Agreement upon registration, who have reached the age of at least 18 years and are capable.
1.2. Mobile app " HealthTracker " (hereinafter referred to as the "Application") is an informational application for mobile devices running Apple iOS operating systems.
1.3. Installing the Application on the User's mobile device and registering the User in the Application is a confirmation of the User's consent to the terms of this Agreement.
1.4. By accepting the terms of this Agreement, the User confirms his consent to the processing by the Company of his personal data provided during registration in the Application, in order to comply with this Agreement, federal legislation, international treaties and in order to resolve claims related to the execution of this Agreement.
1.5. The terms of this Agreement are a public offer and are concluded by joining the terms of the Agreement through registration.
1.6. This Agreement may be amended and/or supplemented by the Company unilaterally. At the same time, continued use of the Application after making changes and / or additions to this Agreement means the User's consent to such changes and / or additions, in connection with which the User undertakes to regularly monitor changes in the relevant section of the Application.
1.7. Appeals, proposals and claims of individuals and legal entities to the Company related to the content and operation of the Application, violations of the rights and interests of third parties, legal requirements, as well as requests from authorized bodies can be sent to the email address: dev@peakscircle.software.
1.8. This Agreement is made in accordance with the laws of the location of the Company. Issues not regulated by this Agreement shall be resolved in the manner and on the terms established by this Agreement and the law.
1.9. By agreeing to the terms of this Agreement, the User confirms his legal capacity and capacity, the accuracy of his personal data provided and assumes full responsibility for their accuracy, completeness and reliability.
2. RIGHTS AND OBLIGATIONS OF THE USER
2.1. The User undertakes to properly comply with the terms of this Agreement and its annexes.
2.2. When registering in the Application, the User undertakes to provide reliable and up-to-date information about himself - to provide complete personal data.
2.3. The User undertakes to take appropriate measures to ensure the safety of his username and password, and is also personally responsible for their safety and confidentiality.
2.4. The User undertakes not to use the Application for any other purpose, except for purposes related to personal non-commercial use.
2.5. The User undertakes, using the Application, not to mislead other users and third parties.
3. RIGHTS AND OBLIGATIONS OF THE COMPANY
3.1. The Company has the right to transfer the rights and obligations under this Agreement to third parties for the purpose of executing this Agreement without the additional consent of the User.
3.2. The Company has the right to send the User information about the functioning of the Application in any way, including placing advertising, informational and other messages within the Application, to the email address or phone number specified by the User.
3.3. The Company has the right to process the User's personal data and transfer them to third parties in order to execute this Agreement and resolve claims related to the execution of this Agreement.
4.TERMS OF USE OF THE APPLICATION
4.1. The User is responsible for any actions to place any Content and other information in the Application, for transferring this information or Content to other users and other persons, as well as for any interactions with other users of the Application.
4.2. The User grants the Company, free of charge, the right to use the Content posted by the User in the Application during the period of protection of the exclusive right to the Content by copying, public performance, reproduction on the equipment of the Company and other third parties, processing, translation and distribution, as well as to bring the Content to the public. At the same time, the Company has the right to transfer to third parties the rights received from the User to use the Content in all of the above ways.
5.WARRANTY AND LIABILITY OF THE PARTIES
5.1. For the execution of this Agreement, the Company has the right to involve third parties. The User confirms that these third parties are granted the same rights as the owner of the rights to the Application, including in relation to the User's personal data.
5.2. The User guarantees that he will not take any actions aimed at causing damage to the owner of the rights to the Application, the Company, cellular mobile operators, copyright holders and other persons.
5.3. In case of violation of the rules for using the Application specified in section 2 of this Agreement, as well as in case of violation of paragraph 5.2 of this Agreement, the User undertakes to compensate the Company for the harm caused by such actions.
5.4. Unless the User proves otherwise, any actions performed using his login and password are considered to be committed by the relevant User. In case of unauthorized access to the User's login and password or distribution of the login and password, the User is obliged to immediately notify the Company in accordance with the established procedure.
5.5. Recognizing the international nature of the Internet, the User assumes responsibility for compliance with all relevant rules and laws regarding the User's activities on the Internet.
6.LINKS TO THIRD PARTY SITES
6.1. The application may contain links or provide access to other sites on the Internet (third-party sites) and the Content posted on these sites, which are the result of intellectual activity of third parties and protected in accordance with the law. These sites and the Content posted on them are not checked by the Company for compliance with legal requirements.
6.2. The Company is not responsible for any information or Content posted on third party websites that the User accesses through the Application, including without limitation any opinions or statements expressed on third party websites.
6.3. The User confirms that from the moment the User clicks on the link contained in the Application to the website of a third party, the relationship between the Company and the User is terminated, this Agreement does not apply to the User in the future, and the Company is not responsible for the accuracy of the information posted on the websites of third parties, the use by the User of the Content, the legitimacy of such use and the quality of the Content posted on third-party websites.
7. FINAL PROVISIONS
7.1. Issues not regulated by this Agreement shall be resolved in accordance with the laws of the country where the Company is located.
7.2. In the event of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. In the event that disputes are not resolved through negotiations, disputes are subject to resolution in court at the location of the Company.
7.3. This Agreement shall enter into force for the User from the moment the Application is installed on a mobile device and the User is registered. This Agreement is valid indefinitely.
7.4. This Agreement is made in Russian and English.
7.5. If any of the provisions of this Agreement is held invalid, this does not affect the validity or applicability of the remaining provisions of this Agreement.