Date of publication: 04.06.2024
USER AGREEMENT FOR THE «IDBILLIARDS» APPLICATIONS
1. GENERAL PROVISIONS
1.1. This Terms of Use agreement (hereinafter referred to as the “Agreement”) governs the relationship between the Friflex Limited Liability Company (hereinafter referred to as the “Company”) and the capable natural person who duly acceded to this Agreement to utilize the mobile application “idBilliards” (hereinafter referred to as the “User”).
1.2. Mobile application “idBilliards” (hereinafter referred to as the “Application”) is a computer program, which is an application for mobile devices that allows to digitize and analyze billiards games.
1.3. Registration in the Application via a mobile device of the User is an acceptance of this Agreement and a confirmation of the User’s consent to its terms; it also indicates the User’s consent to have their personal data transferred to and processed by the Company in accordance with the Company’s Personal Data Processing Policy.
1.4. This Agreement can be amended and/or supplemented by the Company unilaterally. The current edition of this Agreement is published on the website idchess.com and in the Application in the “About idBilliards” section. Continued use of the Application after the introduction of alterations and/or supplements into this Agreement attests to the User’s agreement with these alterations and/or supplements, which means that the User undertakes to regularly monitor alteration on the website and in the corresponding section of the Application.
1.5. Appeals, suggestions and claims of natural and juridical persons to the Company in regard to the contents and functioning of the Application, violations of the rights and interests of third parties, legal requirements of the Russian Federation, as well as requests of persons authorized by the legislation of the Russian Federation can be directed to the email address hello@idchess.com .
1.6. This Agreement is drawn up in accordance with the legislation of the Russian Federation. Issues, which are not regulated by this Agreement, will be resolved in accordance with the legislation of the Russian Federation.
2. RIGHTS AND OBLIGATIONS OF THE USER
2.1. The User undertakes:
2.1.1. properly comply with the terms of this Agreement and monitor the validity of the subscription, as well as the payment of the subscription;
2.1.2. to take appropriate measures to protect their account, and to be personally responsible for the safety and confidentiality of the information required to log into their account;
2.1.3. to not use the Application for any other purpose, except for purposes related to personal non-commercial use;
2.1.4. use the Application on devices that have characteristics not lower than those specified in this agreement.
2.2. In order to improve the quality of game recognition, the User may allow the Application to send data of their games (photos and videos) to the Company. The games will be sent in the background after the end of the game (traffic consumption - 3 MB per 1 minute of recording). The User can at any time allow or prohibit the transfer of data in the Application settings.
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, as well as to the phone number if it is indicated by the User as a way to contact them.
4. TERMS AND CONDITIONS FOR ACCESS TO PAID SERVICES IN THE APPLICATION
4.1. The User does not pay for the installation of the Application and the use of the basic version of the program, however, additional functions of the Application are paid. The Company reserves the right to change the fee for additional features, as well as the set of paid features at its sole discretion.
4.2. Access to paid services is provided by subscription, which is purchased through Google Play and the App Store for a month or a year, or in the form of a license code for an annual subscription, which is attached to the idBilliards billiards set purchased on the idchess.com website, or marketplaces, or under a separate contract.
4.3. The User is provided with a free trial period of the Application within 24 hours from the moment of downloading the Application on the device. Before the end of the trial period, the User can cancel the subscription with a refund of all funds.
4.4. Payment through Google Play or the App Store is fixed. Payment is charged for the entire period, regardless of how often the User uses the Application and when they stopped using it. The User can cancel the subscription before the term, but the balance for the paid unused period is not refundable, if the trial period of using the App has already expired.
4.5. Subscriptions will automatically renew for the next term until canceled. The User is responsible for the duration of the subscription and the cancellation of the automatic subscription before the payment is processed. Cancellation of the subscription is carried out by the User independently from the Google Play and App Store accounts. The Company does not unsubscribe upon verbal request, request by phone or e-mail.
4.6. In case of erroneous subscription payment, the User can contact the Company with a request for a refund for the subscription, if the User has not used the Application.
5. WARRANTY AND LIABILITY OF THE PARTIES
5.1. The User guarantees that they will not take any actions aimed at causing damage to the Company and other persons.
5.2. The User is prohibited from decompiling, reverse-engineering the Application or its individual elements, independently or with the involvement of third parties.
5.3. In case of violation of the rules for using the Application specified in this Agreement, the User undertakes to compensate the Company for the damage caused by such actions.
5.4. Unless the User proves otherwise, any actions performed using their account are considered to be committed by the relevant User. In case of unauthorized access to the User's account or distribution of information for logging into the account, the User is obliged to immediately notify the Company about this in the prescribed manner.
5.5. The Company is not responsible for the condition of the device on which the Application is running, as well as for the compatibility of related equipment, including device holders or tripods (if they were purchased separately, not included with the holder on the Company's website at the Internet address https://idchess.com ). Also, the Company is not responsible for the stability of the Application via the Internet, heating or overheating of the equipment, falling of the device from a tripod or holder, as well as other damage that may be caused to the equipment when using the Application.
6. PECULIARITIES OF USING THE APP WITH THE SAME ACCOUNT ON MULTIPLE MOBILE DEVICES SIMULTANEOUSLY
6.1. The User is notified that the Application with the same account can be installed only on one mobile device, unless otherwise provided by the agreement with the Company.
7. REQUIREMENTS FOR DEVICES AND EQUIPMENT
7.1. The application can work stably on mobile devices with characteristics not lower than those listed:
7.2. The Company recommends using the Application on mobile devices with technical characteristics not lower than those listed in clause 7.1. together with a holder or tripod at its discretion, while the Company is not responsible for the use of mobile devices and related equipment for the operation of the Application, as well as for the condition of the devices when using the Application.
8. FINAL PROVISIONS
8.1. Issues, which are not regulated by this Agreement, will be resolved in accordance with the legislation of the Russian Federation.
8.2. 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 a court of general jurisdiction at the location of the Company in the manner prescribed by the current legislation of the Russian Federation.
8.3. This Agreement comes into force for the User from the moment of downloading the Application and is valid indefinitely. Downloading and installing the Application, the user agrees to all the terms of this Agreement.
8.4. If any provision of this Agreement is found to be invalid, the validity or enforceability of the remaining provisions of this Agreement shall not be affected.
Company:
LLC «Friflex»
Legal address: 115432, Russia, Moscow, Proektiruemyi proezd № 4062, 6,
building 16, room 14-4
TIN/CRR 7726434385/772501001
+7 (495) 131-54-96