The Present Agreement is approved by
Kalinovskaya Anastasia Sergeevna
November 15, 2021
APPLICATION USER AGREEMENT
This Agreement governs the relationship on the use of the «MalibooMake» Application between Anastasia Sergeevna Kalinovskaya, location address: (Republic of Belarus, Minsk, Sergei Yesenin st., 22), hereinafter referred to as the "Administration" (Licensor), and an individual who uses the Application , hereinafter referred to as the "User" (Licensee).
The Administration provides the User with access to the Application for uploading and processing photos using machine learning in order to select looks and makeup. The Application can change the quality and size of photos.
Visiting and using the Application is allowed only on the terms of acceptance of this Agreement. Continued use of the Application after downloading and installing the Application is deemed to be proper acceptance of this Agreement.
This Agreement applies to all currently existing functions and capabilities of the Application, as well as to any development and / or addition of new functions and capabilities, changes to existing functions and capabilities.
The User of the Application hereby confirms that he has read, understood, accepted, accepted and fully agrees to comply with this Agreement.
The Agreement can be changed by the Administration unilaterally without any special notification to the User. The new version of the Agreement comes into force from the moment it is posted in the Application. The current version of the Agreement can always be viewed using the corresponding function in the Applications menuor on the Internet at: https://maliboomake.com/en/terms/
The administration recommends that Users regularly check the terms of this Agreement for changes. Continuation of the User's use of the Application after changes to the terms of this Agreement mean the User's consent and acceptance of such changes.
1. TERMS AND DEFINITIONS
For the purposes of application and interpretation of this Agreement, the basic terms defined below are used (unless otherwise expressly specified in the Agreement). In the text of the Agreement, these terms can be indicated with a capital or small letter in the singular or plural, as well as in the form of abbreviations. Terms that are not defined in this section may be used in the Agreement. In this case, the interpretation of such a term is made in accordance with the text of the Agreement.
Administration of the «MalibooMake» application (hereinafter referred to as the «Administration») - Anastasia Sergeevna Kalinovskaya, location address: (Republic of Belarus, Minsk, Sergei Yesenin st., 22), which is the owner of the exclusive rights to the Application, which grants the User (Licensee) the right to use The Application is under the terms of a non-exclusive license and carries out the communication, distribution, operation, maintenance, administration of the Application.
The «MalibooMake» Application (hereinafter referred to as the «Application») is the «MalibooMake» application intended for installation by Users on mobile devices based on Android or iOS operating systems through the application store and including, among other things, the Application functionality intended for uploading and processing photos by Users using machine learning to match looks and make-up. The Application can change the quality and size of photos. Including, but not limited to any software or part of it developed by the Administration (and / or third parties on behalf of the Administration) for use in the Application. The owner of the exclusive rights to the Application is the Administration.
User - an individual who voluntarily downloaded the Application through the Application store and uses the Application for downloading and processing photos using machine learning and other functionality of the Application for the purpose of selecting makeup, who has entered into this Agreement with the Administration, posted in the Application, through its acceptance, which is granted the right to use Applications under the terms of this Agreement.
Application Store - means the cloud platform on which the Administration has placed the Application for its subsequent download by the User. This Application is available for download from the following App Store and Google Play.
Purchase within the Application (hereinafter referred to as “In-app purchase”) means the User's ability to purchase additional functions of the Application or other services provided for in this Agreement for a fee.
Application Content (hereinafter - "Content") - all informational content of the Application, including texts, graphics, audio, video, comments; assessments; reviews; reports, photos of Users and other content of the Application posted and / or created and available for viewing, which are, among other things, the results of intellectual activity, the rights of use of which may belong to the Administration, Users or other persons. Users can view, receive or download Content through the functionality of the Application on the terms and in the manner provided for in this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1. The Administration provides the User with a personal, worldwide, non-transferable, non-exclusive, revocable and non-sublicensable license to access and use the Application in the ways specified in clause 2.2. present agreement. The cost of using the Application is determined by the tariffs provided for in this Agreement.
2.2. The User has the right to use the Application in the following ways:
2.3. The Administration grants the User the right to use the Application in other ways (not specified in clause 2.2. Of the Agreement) directly provided for by the functionality of the Application.
2.4. This Agreement covers all existing (actually functioning) at the moment the capabilities of the Application, as well as any subsequent modifications and additional capabilities of the Application that appear in the future.
2.5. The User hereby confirms that he will use the Application personally and exclusively on the terms of this Agreement.
2.6. The User hereby agrees that the Application processes the User Content that the User has independently selected and uploaded to the Application. To download and process content, the User must provide the Application with temporary or permanent access (permission) to the camera of a mobile phone or to the storage location of photos (Content).
3. APPLICATION ACCESS AND SECURITY
3.1. The User, accepting this Agreement, declares and guarantees that as of the date of this Agreement, he has all the powers to conclude this Agreement and fulfill the obligations assumed under the Agreement, has reached the age of majority in accordance with the legislation of the User's country, and also has no other restrictions to accept this Agreement.
3.2. The user, accessing the application using the account of the Application Store, social networks (such as Facebook, Vkontakte, Odnoklassniki, etc.) or other similar methods provided in the Application, declares and guarantees that the Application is used by the person specified in the account and who has accepted the user an agreement or similar agreement of such an Application Store or social network. All actions performed in the Application using the account of the Application Store or social network are recognized as actions of the User, including the removal of the Application.
3.3. The User possesses the technical information necessary to launch and use the Application, including information about the requirements for hardware and software. Also, the User confirms that he has the necessary technical means to use the provided functionality of the Application.
3.4. In order to ensure the security of User data and Content (as part of the implementation of the internal security policy of the Application), the User agrees that the Administration uses by default means of internal control and programs for its implementation, collects and stores anonymized information about material facts regarding the User provided by them when gaining access using an account of the Application Store or social network, as well as indirect information, including IP addresses, information about the operating system used, software configuration, mobile phone model, and other information collected to create statistical reports.
3.5. The User will be liable for losses incurred by the Administration or any other User of the Application due to the actions of a third party using the Application instead of the User.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Administration has the right:
4.1.1 Modify the Application at your own discretion, including adding new functions, fixing errors in the Application, making other improvements, and removing some functions. If such actions do not have a significant impact on the rights or obligations of Users, the Administration has the right not to notify Users about the implementation of such actions.
4.1.2. Completely suspend the provision of access to the Application, with or without prior notification of the Users.
4.1.3. At any time, change the cost of the tariffs provided for in this Agreement.
4.1.4. Receive payment in accordance with the tariffs provided for in this Agreement.
4.1.5. Block Users' access to the Application if they violate the terms of this Agreement, or receive a request to do so from authorized government agencies or the court.
4.1.6. To show to the User in the Application advertisements of the Application Store using the technology of unique advertising identifiers Google Advertising ID, Apple ID for Advertising. The user is shown advertising materials of the Application Store when using the free tariff in accordance with point 5.4. of present agreement.
4.1.7. Sending information, advertising and other mailing to the Users of the Application, including using of push-notifications.
4.1.8. Change, cancel this Agreement and other documents posted in the Application. Changes come into force from the moment of publication of the new edition of the Agreement and other documents in the Appendix.
4.1.10. Provide available information about Users to authorized government bodies and the court at their request in cases established by the legislation of the country of the User and the legislation of the Republic of Belarus.
4.1.11. This Agreement may provide for other rights of the Administration.
4.2. The Administration undertakes:
4.2.1. Provide the User with access to the Application in the manner and on the conditions stipulated by this Agreement.
4.2.3. Provide available information about the User to the authorized state authorities and the court at their request in cases established by the legislation of the country of the User and the legislation of the Republic of Belarus.
4.2.4. This Agreement may provide for other duties of the Administration.
4.3. The User has the right:
4.3.1. Use the functionality of the Application in accordance with the terms of this Agreement.
4.3.2. Send any requests, questions, suggestions and claims related to the functioning of the Application and / or the actions of the Administration through the special functions of the Application, through the Application Store or to the Administration's e-mail at firstname.lastname@example.org.
4.3.3. This Agreement may provide for other rights of Users.
4.4. The User undertakes:
4.4.1. Read in detail all the terms of this Agreement, as well as read and accept all additional rules governing the relations of the parties, posted in the Appendix and accept them in the manner provided for in this Agreement.
4.4.2. Before downloading Content using the functionality of the Application, check and ensure the compliance of such materials with one or another of the requirements of this Agreement (reliability, completeness, legality, etc.), the legislation of the Republic of Belarus, the legislation of the User's country, as well as the observance of the rights of third parties.
4.4.3. Use the Application personally and not transfer the right to use the Application to third parties.
4.4.4. Do not upload, send, transmit or in any other way post and / or distribute Content (including information) that is illegal, malicious, defamatory, offends morality, demonstrates (or is propaganda) of violence and cruelty, violates intellectual property rights, promotes hatred and / or discrimination of people on racial, ethnic, gender, religious, social grounds, contains insults to any person or organization, contains elements (or is propaganda) of pornography, child eroticism, represents advertising (or is propaganda) of sexual services (including under the guise of other services), explains the procedure for the manufacture, use or other use of narcotic substances or their analogues, explosives or other weapons.
4.4.5. Not to violate the rights of third parties, including minors and / or harm them in any form.
4.4.6. Do not upload, send, transfer or in any other way post and / or distribute the Content, in the absence of rights to such actions in accordance with the legislation of the User's country, the legislation of the Republic of Belarus or any contractual relationship.
4.4.7. Do not infringe on the rights of minorities.
4.4.8. Do not copy, modify, transfer, create any derivative works, use or reproduce in any way the Content or other intellectual property, any materials or proprietary information available through the Application without the written permission of the Administration or the copyright holder.
4.4.9. Do not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any part of the Application, or induce others to do so.
4.4.10. Do not use and / or develop any third-party applications that interact with the Application without the written consent of the Administration.
4.4.11. Do not investigate, scan or test the vulnerability of the Application.
4.4.12. Do not disrupt the normal operation of the Application.
4.4.13. The User is fully and solely responsible for any Content that is posted by the User in the Application, as well as for any activity of the User using the Application.
4.4.14. This Agreement may provide for other obligations of the User.
5. COST OF USING THE APPLICATION (RATES)
5.1. The User pays the Administration for access to the Application in accordance with the tariffs. The administration unilaterally establishes the cost and conditions for providing access at all tariffs by posting information about them in the Application.
5.2. The user can connect the following tariffs: free tariff and paid tariff. The cost of the tariff may differ depending on the Application Store, the country of the User and the period of time chosen for payment.
5.3. By default, the right to use the Application is provided to the User free of charge (free tariff).
5.4. As part of the free tariff, the Application Store advertising materials will be displayed to the User in the Application.
5.5. A User using In-app purchases can activate a paid tariff.
5.6. Payment for the tariff and other In-app purchases is carried out using the funds (currency) of the User's country and is made through the Application Store.
5.7. The transaction is made under the terms of the User Agreement of the Application Store or another similar agreement of the Application Store used to pay for In-app purchases. The Administration does not have access to the list of the User's transactions for made In-app purchases, as well as information about the user's bank data or other payment information and is not responsible for the safety of the data specified by the Application Store. The user agrees with this procedure. The user can review these agreements in the respective Application Stores.
5.8. The paid tariff is provided on the terms of the preliminary 100 (one hundred)% payment of the cost. The user independently chooses the period of time for which the paid tariff will be provided from those offered in the Application and makes the payment.
5.9. After making the first payment (or payment after canceling the auto payment), the User is connected to automatic payment (without additional confirmation from the User) of the paid tariff.
5.9.1. Auto payment occurs 1 (one) calendar day before the expiration date of the previous paid period.
5.9.2. The time period for the provision of a paid auto payment tariff corresponds to the time period paid for the first time. The cost of the paid tariff for auto payment is determined in accordance with the cost of the paid tariff established by the Administration on the date of the auto payment.
5.9.3. In cases where there is not enough money on the account of the bank card selected by the User in the Application Store to pay for the paid tariff, the User will be transferred to a free tariff.
5.9.4. The user can turn off auto payment in the "Subscriptions" section of the Application The user agrees with this procedure.
5.10. Failure to use the paid period of time, as well as refusal to use it in the future, does not entail a change in the cost of the paid paid tariff (cost of the In-app purchase) and refund.
5.11. The User notifies the Administration and technical support of the Application Store about cases when the payment for the In-app purchase was made, but the tariff change in the App did not occur within 24 (twenty four) hours from the moment of payment.
5.12. The user must direct inquiries related to In-app purchases to the respective Application Stores.
6. INTELLECTUAL PROPERTY
6.1. All objects accessible through the functions and capabilities of the Application, including design elements, text, graphics, illustrations, video, computer programs, databases, music, sounds and other objects, as well as any Content posted in the Application, are objects of the exclusive rights of the Administration, Users and other rightholders.
6.2. The use of the Application, any elements of the content of the Application, the Content is possible only within the framework of the functionality offered by the Application. No elements of the content of the Application, as well as any Content posted in the Application, can not be used in any other way without the prior permission of the copyright holder, including the Administration, if the latter is the copyright holder in relation to the corresponding result of intellectual activity. By use is meant, including: reproduction, copying, processing, distribution on any basis, etc. The exceptions are cases expressly provided for by the terms of this Agreement.
6.3. The Administration grants the User the non-exclusive rights specified in clauses 2.2 and 2.3 of this Agreement to use the Application and its individual elements only for personal purposes, for its direct purpose, based on the purpose of the Application and provided that neither the User nor any other persons assisted other Users or other persons will not reproduce, copy or process (modify) them, as well as use any part of them for personal or commercial purposes.
6.4. The free tariff for using the Application may contain advertising materials, links to other applications, sites on the Internet (third party sites). Advertising materials, links to other applications and sites on the Internet are displayed and determined by the ApplicationStore. Advertising materials of third parties and their content are not checked by the Administration for compliance with certain requirements (reliability, completeness, legality, etc.). The Administration is not responsible for any information contained in advertising materials of third-party applications and third-party websites to which the User gets access when advertising is displayed by the Application Store, including for any opinions or statements expressed on third-party sites, advertising, etc., as well as for the availability of such sites or their content and the consequences of their use by the User.
6.5. A link (in any form) to any site, product, service, any information of a commercial or non-commercial nature posted in the Application is not an endorsement or recommendation of these products (services, activities) by the Administration.
6.6. The User hereby grants the Administration a non-exclusive right (simple non-exclusive license) to store, reproduce and process materials (Content) added by the User (by publishing, downloading, displaying or in any other way) to the Application or transferred to the Administration in any other way (by cable, wire or using other similar means). The User grants the Administration the right to process the Content posted by the User in the Application in order to ensure the functioning of the Application. The User confirms that such processing will not be considered a violation of the User's rights. The storage period for the Content is up to 30 (Thirty) minutes, after which the Content is deleted. The rules stipulated by this clause also apply to the legal successors of the Administration.
6.7. The right to use the Content provided for by the preceding paragraph is granted to the Administration for the entire duration of the exclusive right, on the territory of countries around the world. The expiration of the term for placing the Content in the Application and / or the term of validity of the right to use does not entail the need to withdraw copies of the Content from circulation (including their removal from the Internet).
6.8. The exclusive right to the results of the processing of the User Content by the Application belong to the User.
6.9. Nothing in this Agreement gives the User the right to use the logo, trade name, trademarks, domain names and other distinctive signs of the Administration.
7. LIABILITY OF THE PARTIES
7.1. The Administration provides the User with the Application “as is”. The Administration does not guarantee that the Application does not contain errors, and is also not responsible for direct or indirect losses (damage), including lost profits, loss of confidential information that the User has incurred as a result of using the Application, including due to possible errors or typos in the application. The Administration does not guarantee that the Application will meet the requirements of the User, and also does not guarantee the functionality of the Application in conjunction with software and mobile phones from other manufacturers. The administration does not give any guarantees regarding the components of other programs that may be included in the Application and are the property of third parties.
7.2. The Administration does not guarantee that the result of using the Application (photo processing) will meet the expectations of the User and is not responsible for the compliance of the result of using the Application with the expectations of the User.
7.3. The User is warned and agrees that the Application processes User images using machine learning technologies and may change the User's appearance in the image. The Administration does not guarantee the correct operation of the Application with images of some Users, the result of processing these images by the Application may not meet the expectations of the User and under no circumstances can be considered discrimination by age, gender, nationality, ethnicity, skin color, sexual orientation and any other form of discrimination.
7.4. The administration is not responsible for any information contained in advertising materials of third-party applications and third-party sites to which the User gains access when displaying advertisements by the Application Store, including for any opinions or statements expressed on third-party sites, advertisements, etc. ., as well as for the availability of such sites or content and the consequences of their use by the User.
7.5. The User agrees that only he is responsible for the choice of the Application, for the use of the Application, as well as for the results obtained with his help, and if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the laws of the User's country, legislation of the Republic of Belarus when using the Application.
7.6. The Administration is not responsible for any losses and moral harm incurred by the User as a result of erroneous understanding or misunderstanding of the essence of the Application, the terms of this Agreement, the results of using the Application, and the content of advertising materials displayed by the Application Store (when using a free tariff), payment procedure In- app purchases in the Application Store and others not directly dependent on the Administration.
7.7. The Administration does not bear any responsibility for any direct and (or) indirect consequences of any use or inability to use the Application and / or losses (including real damage, lost profits) caused to the User and / or third parties as a result any use, non-use or inability to use the Application or its individual components and / or functions, including due to possible errors or malfunctions in the Application.
7.8. The administration is not responsible for:
7.8.1. Functioning of the mobile phone and other applications of the User;
7.8.2. Violation by the User of the intellectual and other rights of third parties by publishing the Content and any other information in the Application or information about the Application on third-party sites on the Internet.
7.8.3. Causing harm, damage and any other losses to any person that arose when the User used the Application.
7.8.4. User actions inside the Application or outside of it. The User is aware of the likelihood that other Users may provide inaccurate information, violate the norms of morality or the norms of the legislation of the country of the User and the legislation of the Republic of Belarus. By using the Application, the User agrees to exercise caution and independently assess the possible risks when interacting with other Users.
7.8.5. Delays or failures, as well as any other cases of malfunctions in information and telecommunication networks, computers, electrical and other related systems.
7.8.6. Content of Content posted by another User in the Application or transmitted using the Application, as well as for the content of information about the Application posted by another User or a third party on sites on the Internet.
7.8.7. Violation by the User of the obligations and prohibitions established by this Agreement.
7.9. The User who discovers a defect or software error in the process of using the Application is obliged to immediately inform the Administration about this, indicating the specific actions performed by the User immediately before such detection. If the User fails to fulfill the obligations specified in this clause and / or the latter uses a defect or software error for his own purposes, including for making a profit and disclosing the fact of the existence or nature of manifestation to third parties (hereinafter - unlawful use of a software error), this Agreement is considered terminated from the moment of such unlawful use of a software error, and the User may be held liable in accordance with the legislation of the User's country.
7.10. The parties are exempt from liability for full or partial failure to fulfill their obligations under the Agreement, if such failure was the result of force majeure circumstances, that is, extraordinary and unavoidable circumstances under the given conditions. Force majeure circumstances, in particular, include: natural disasters, military actions, strikes, actions and decisions of state authorities, failures in telecommunications and energy networks.
7.11. The User agrees that the responsibility of the Administration for willful or reckless violation of any provision of this Agreement, as well as the amount of compensation for moral damage caused by the Administration to the User, cannot exceed 35 (thirty-five) Belarusian rubles.
7.12. In the event of claims against the Administration regarding the illegal use of the Content uploaded by the User, the exclusive rights to which belong to third parties, the User takes all necessary measures to resolve the dispute that has arisen on his own and at his own expense. As appropriate measures, the parties identified the following: operational interaction with representatives of third parties - rightholders, sending to rightholders notifications containing justified written explanations, including the absence of the fault of the Administration, if necessary, organizing negotiations, meetings, participation in negotiations and meetings with rightholders (or) their representatives. The sufficiency of the measures taken by the User to resolve disputes related to the violation of the exclusive rights of third parties to the Content is determined by the Administration. The user agrees to this procedure.
8. TERM AND TERMINATION PROCEDURE
8.1. The Agreement comes into force from the moment of its acceptance by the User and is valid until the date of the adoption of the new edition of the Agreement.
8.2. The Administration has the right, without prior notice to the User, in case of violation by the User of any term of this Agreement, to terminate it by terminating access to the Application. After termination of this agreement, the User is prohibited from re-installing and using the Application without the consent of the Administration.
8.3. The User can terminate this Agreement by deleting the Application from his mobile phone. The content uploaded by the User to the Application, as well as other data are subject to deletion. The Administration is not responsible for damage, losses, lost profits and other consequences of the removal of the Application, Content and other information caused to the User. The administration does not refund money for in-app purchases, regardless of the remaining period of the paid tariff.
9. DISPUTE RESOLUTION
9.1. In the event of disputes or disagreements related to compliance with the terms of this Agreement, the User and the Administration will make every effort to resolve them through negotiations. The Party that has claims and / or disagreements shall send a message to the other Party indicating the claims and / or disagreements that have arisen.
9.2. The recipient of the claim within 30 (thirty) calendar days from the date of its receipt, notifies the applicant of the claim in writing about the results of the consideration of the claim.
9.3. If it is impossible to resolve the dispute on a voluntary basis, either Party has the right to apply to the court for the protection of violated rights.
9.4. Disputes between the User and the Administration are considered at the location of the Administration.
9.5. Disputes between the User and the Administration are considered according to the legislation of the Republic of Belarus.
10. FINAL PROVISIONS
10.1. In the event that any provisions of this Agreement are not applicable, such provisions will be applied to the extent possible, most appropriate, in the opinion of the Administration, the intentions of the Parties, and the rest of the provisions of the Agreement will remain in force.
10.2. Otherwise, which is not provided for by this Agreement, the Parties will be guided by the current legislation of the Republic of Belarus.
10.3. In the event that any of the terms of this Agreement will be declared invalid and unenforceable, the remaining terms of this Agreement will remain in force and be enforced.
10.4. The user must use special functions of the Application to communicate with the Administration or send emails to email@example.com
10.5. The User can send to the Administration through special functions of the Application or e-mail firstname.lastname@example.org, ideas, reviews, suggestions, comments, projects and other concepts aimed at improving the operation of the Application. The User agrees that if such ideas, reviews, suggestions, comments, projects and other concepts are objects of intellectual property, then the User provides the Administration with a non-exclusive, free, irrevocable license throughout the world, for the entire period of validity of exclusive rights with the right to issue sublicenses third parties. Use the specified objects of intellectual property in any way, including in the following ways: storage, reproduction, processing, communication to the public, communication by cable, public display, distribution by any means of communication, posting on the Internet, use by any means for advertising, marketing purposes, processing, creation of derivatives of intellectual property objects, use in the composition of composite and complex objects of intellectual property and other methods of use. The User agrees that the Administration has the right not to mention the User when using the specified objects and this will not be a violation of the User's intellectual rights.
10.6. Any information transferred by the User to the Administration in accordance with the previous paragraph of this Agreement will not be confidential.
10.7. If the User is the legal representative of a minor (end User of the Application), the legal representative agrees on his own behalf and on behalf of the minor with all the terms of this Agreement. All actions taken by a minor User in the Application (including In-app purchases) are considered approved by his legal representative.
10.8. The parties have agreed that they recognize the validity of documents made in simple writing for electronic messages sent from the corresponding e-mail addresses of the Administration to the corresponding e-mail addresses of the User specified in the User's account in the Application Store or social network and vice versa, as well as and electronic messages sent through the functionality of the Application and containing the explicit will of the parties to perform legally significant actions.
11. DETAILS OF THE ADMINISTRATION
Kalinovskaya Anastasia Sergeevna
Citizen of the Republic of Belarus
Address: Republic of Belarus, Minsk, Sergei Yesenin st., 22