USER AGREEMENT FOR THE "TAKE TIME" APPLICATION (Europe)


1. DEFINITION OF CONCEPTS

Throughout this Agreement, the following terms are given the following meaning:
"Company", "We", "Our", "Us", "Our" or any other similar derivatives (depending on the context) means the following person: TAKE TIME INTERNATIONAL LIMITED, Company Nr 15504758, 101 KING’S CROSS ROAD, LONDON, ENGLAND WC1X 9LP (including its branches and representative offices both within the European Union and outside of it, as well as any other entities established as a result of the Company's reorganization), which own or operate the Application.
"App Content" means all items placed by Company and/or third parties (with Company's permission) on the App, including design elements, text, graphics, images, illustrations, virtual objects, videos, programs, music, sounds, information, notifications and any other similar items, compilations or combinations thereof.
"Updates" means a software patch or software package for the Application that is released by the Company from time to time, offered for free download by Users who are already using the Application, and is intended to fix non-functional features of the Application, fix bugs (errors) in the operation of the Application, or introduce small software components to make the Application more secure and compatible with devices.
"Platform" means the cloud platform on which the Company has hosted the Application for download by the User. This Application is available for download from the App Store and Google Play.
"Application Software" means software developed by Company (and/or third parties on behalf of Company) for the Application, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
"User", "you", "your", "your", "you", "you" or any other similar derivation (as the context requires) means a person who:

(1) uses the Application and has accessed the Services

(2) has agreed to abide by the terms of use of the Application as set forth in the body of this Agreement by using the Application.
"User Content" means:

(1) all postings made by User on the App, including, but not limited to, comments; ratings; reviews; feedback; reports; feedback; posted videos, photos, music and other media files; likes; ratings and/or any other form of activity available to User; and

(2) any other content created by User.
"Application" means the following application: take time, which the User downloads via the Platform to a smartphone or other device.
"Services" means, collectively, the Application Content and the Application Software.


2. ADHERENCE TO THE AGREEMENT

General Provisions

2.1 This User Agreement (hereinafter the "Agreement") defines the rules and procedure for using the Application, the rights and obligations of Users, and regulates the behavior of Users when accessing the Application and Services.
2.2 The User accepts the terms and conditions of this Agreement by continuing to use the Application.
2.3 This Agreement is binding on its parties (i.e. the Company and the User). The User may assign its rights under this Agreement only after obtaining prior written consent from the Company.
2.4 If you are the legal representative (parent, guardian) of a minor User, then you automatically agree on your own behalf and on behalf of such minor User to the terms of this Agreement.

Warning to users

2.5 If the User accesses the Application and/or its Services via the Platform or social networks (e.g. Facebook, Vkontakte, Odnoklassniki), the User is automatically deemed to have accepted the terms and conditions of the user agreement of such Platform or social network.
2.6 The User acknowledges that its agreement with the mobile network provider (the "Provider") will apply to the User's use of the Application. The User also acknowledges that the Provider may charge the User from time to time for data transmission services when using certain features of the Application, as well as any other fees and charges arising in connection with such transmission and for which the User agrees to be responsible. If the User is not the Provider's bill payer on the smartphone or other device used to access the Application, it is assumed that such User has received authorization from the bill payer to use the Application.
2.7 The User is the only person responsible for checking and controlling the compliance of the installed Application with the technical features/capabilities of the smartphone or other device and/or other restrictions that may be applicable to the User and/or his smartphone or other device by third parties, including the Internet Service Provider.





3. APPLICATION USERS

General criteria and age

3.1 To use the Application, Users must meet the following criteria (cumulatively):
(1) be at least 0 years of age
(2) not be restricted in the right of access to the Application and the Services on the basis of a court decision, which has entered into legal force, or in cases provided by applicable law or the terms of this Agreement.

Creating a personal account

3.2 In order to access the Services, Users need to create a personal account. It is impossible to use the Services without registration (i.e. creation of a personal account (cabinet)). Upon completion of registration, the User receives a unique login and password to enter their personal account (cabinet).
3.3 In order to register, the User undertakes to provide true and complete information about themselves on the questions offered in the registration form, and to keep this information up to date. If the User provides false information, or Take Time has reason to believe that the information provided by the User is incomplete or unreliable, Take Time has the right at its discretion to block or delete the User's account and refuse to allow the User to use its services/separate functions.


4. INTELLECTUAL PROPERTY

User license

4.1 The User receives a non-exclusive, non-transferable, non-sublicensable, ONLY for personal (non-commercial) use license for the Services (hereinafter the "User License"). The User undertakes not to use the Services for any other purpose. User obtains said User License ONLY upon compliance with ALL terms and conditions of this Agreement.
4.2 The User License shall terminate automatically upon deletion of the Application from the User's smartphone or other device. Nothing in the text of this Agreement shall be construed as entitling the User to any other license to use intellectual property owned or held by the Company other than that granted above.

Company intellectual property

4.3 The Company owns all property rights, including proprietary intellectual property rights, to all Application Content and the Application Software without exception. The Application Software and the Application Content are protected by copyright in accordance with the procedure stipulated by the current civil legislation of the European Union, as well as international treaties and conventions in the field of intellectual property protection.
4.4. USERS are NOT allowed to copy, reproduce, modify, compile, distribute, display in any form, publish, download, transfer, sell (in whole or in part), dispose of in any way possible for a fee or free of charge, sublicense, distribute or use the Application Content and Application Software in any way, unless such actions are expressly permitted by the terms of this Agreement or the applicable laws of the European Union.
4.5 Nothing in the text of this Agreement may be construed as a transfer to the User of any exclusive rights to the Application Content (in whole or in part) and/or the Application Software.
4.6 The Company owns all rights in respect of trademarks, commercial (business) names, brands, logos registered in its name (hereinafter referred to as "Trademarks"). Such Trademarks are protected by applicable law and NOTHING in the text of this Agreement shall be construed as conferring any license to the User to use such Trademarks.


5. PROCEDURE FOR WORKING WITH THE APPLICATION

General Provisions

5.1 The User undertakes to comply with the following rules when using the Application:
(1) comply with all obligations undertaken by User in connection with adherence to this Agreement; and
(2) provide accurate information about yourself in order to create a personal account (cabinet); and
(3) not impersonate any other person, including, but not limited to, not providing any third party data (without obtaining their express, prior and informed consent) to create a personal account(s); and
(4) inform the Company about the theft of logins, passwords or any other access keys to the User's personal account (cabinet); and
(5) not provide third parties with access to your account(s) and/or logins, passwords or other access keys; and
(6) not upload, store, publish, distribute, post, advertise, send, share, access or otherwise use User Content that (a) is threatening, defamatory, abusive, defamatory of honor, dignity or business reputation, or invasive of the privacy of other Users or third parties; and (b) is spam, bullying, vulgar or obscene, contains pornographic images and texts, scenes of a sexual nature, including those involving minors, or scenes of violence, including sexual violence, against humans or animals; and (c) contains any form of incitement to suicide and/or advocates or promotes incitement to racial, religious, ethnic hatred or hostility, advocates fascism or ideology of racial superiority, or contains extremist materials; and (d) advocates violation of the rights or legitimate interests of other Users or third parties or advocates crime or contains advice/guidance/instructions to commit it; and (e) violates other rules of this Agreement or is prohibited on the basis of the current legislation of the European Union; and (f) violates any other rules of this Agreement or is prohibited on the basis of the current legislation of the European Union.
(7) not to perform any actions (with or without the use of automation tools) aimed at collecting any personal data of other Users; and
(8) do not take any action or assist any third party in taking actions to disrupt the Application and/or Services, including but not limited to (a) downloading viruses or malicious code; (b) taking actions that may disable the Application and/or Services, disrupt the normal operation of the Application or its software, or degrade the appearance of the Application and/or Application Content.
(9) not take any other action that is unlawful, fraudulent, discriminatory, or misleading.

User rights to posted content

5.2 The User Content created by you is an object of intellectual property and is protected by the current legislation, therefore the Company does not claim to receive and does not require you to provide it with any ownership rights to your User Content. Nothing in the text of this Agreement shall be construed as deprivation or limitation of the User's rights to the User Content created by the User.
5.3 You hereby grant to Company a non-exclusive, royalty-free, worldwide license (the "License") with the right to transfer and sublicense the right to store, use, distribute, modify, run, copy, publicly perform or display, translate Your User Content and create derivative works based thereon.
5.4 The License so granted by you will automatically terminate if you delete your personal account (cabinet) or if you delete the Application from your smartphone or other device.
5.5 Company will take all possible actions to completely remove Your User Content immediately after the circumstances for termination of the License occur, except for the following cases when:

(1) some of Your User Content has been used by other Users (based on the License previously granted by You, in which case Your User Content will be available to other Users until the other User removes it).

(2) User Content posted by You is evidence of any violation, misdemeanor or crime in criminal, administrative or civil proceedings, or its subsequent storage is required by applicable law or a request from a competent governmental authority.

(3) in other cases specified in this Agreement.


Requirement for user-generated content

5.6 Users are prohibited from uploading any User Content that may belong to third parties or the rights to use which have not been granted to such User to the required extent. The User hereby undertakes to indemnify the Company for all damages and legal costs incurred by the Company in connection with a claim by third parties that the published User Content infringes the intellectual property rights of such third parties.
5.7 The User is not recommended to upload any User Content that may contain confidential or other personal information. The Company recognizes any User Content as containing no confidential information at all, and therefore does not assume any obligation to protect it from disclosure or infringement by third parties.
5.8 The Company does not and cannot verify all materials published by Users as part of the User Content created by them, and therefore the Company is not responsible for the content of such User Content, its use and/or its impact on third parties or other Users. Management or ownership of the Application does not mean that the Company confirms, supports, guarantees, distributes and/or believes in the information posted within the User Content.
5.9. The User is responsible for his/her own protection and protection of his/her device from viruses and other malware. The Company does not assume any responsibility for any damage caused as a result of using the Application, its Services and/or User Content (including its download).
5.10. The Company has the right at any time to check the User Content for its compliance with the requirements of this Agreement or applicable law. At the same time, nothing in the text of this Agreement shall be construed as a direct obligation of the Company to conduct any independent verification of the User Content, except at the request of other Users or third parties.
5.11. If you encounter User Content that violates the terms of this Agreement or the legitimate rights and interests of Users or third parties, you may send your complaint to: support@taketime.net.
5.12. If it is found that the User Content violates the terms of this Agreement or the provisions of applicable law, the Company has the right at its sole discretion, at any time, without the need to warn the User and assuming any responsibility in the future to remove such User Content at all, and in case of repeated violation - to delete your personal account (cabinet).
5.13. In order to fulfill the requirements of Part 1 Article 10-6 of the Federal Law "On Information, Information Technologies and Information Protection", the Company has the right to conduct internal monitoring of the User Content in order to ensure that Users comply with the restrictions set forth in the Federal Law "On Information, Information Technologies and Information Protection".

Feedback on the app

5.14. Each User has the right (but not the obligation) from time to time to leave or submit ideas, feedback, suggestions or projects aimed at improving the operation of the Application or the quality of the Services provided. Such feedback may be sent to: support@taketime.net
5.15 If you submit such an idea, feedback, suggestion or project, you automatically grant us a non-exclusive, royalty-free, worldwide, transferable and sublicensable license to store, use, distribute, modify, launch, copy, publicly perform or display, translate your ideas, feedback, suggestions or projects and to create derivative works based on them.
5.16. Any such information provided to the Company is automatically recognized as non-confidential.


6. ADVERTISING IN THE APP

Advertising by the company

6.1 The Company may from time to time post any advertising or marketing material.

Placement of advertisements by third parties

6.2 The content of the Application may contain links to third party websites and/or advertising or marketing materials about goods/services provided by such third parties (hereinafter referred to as "Third Party Advertising"). The Company does not assume any responsibility:

(1) for the content of third party advertisements, as well as for the availability, quality and safety of the promoted goods/services in such advertisements

(2) for any losses, damages or losses incurred or caused to the user as a result of his/her reading of such advertisements, use of the goods/services promoted in third party advertisements.
6.3 In case you go to another website through the posted Third Party Advertising, the Company cannot guarantee that such website is safe for the User and/or his/her computer. Nothing in the text of this Agreement shall be construed as an assurance, encouragement, recommendation or inducement of the User to use any Third Party Advertising, visit any Third Party websites, as well as to try, purchase, use any Third Party goods/services.
6.4 Issues related to the protection of Users' personal data when they use third-party Advertising are regulated by the Application Privacy Policy.


7. SUBSCRIPTION RULES

1.1 Subscription in the Annex corresponds to the tariffs in force in the Annex
1.2 Subscription is subject to AUTOMATIC UPDATE until the USER CANCELS from it. The Company will notify you in advance of the expiration of the subscription, as well as the terms of its renewal and payment procedure.
1.3 For the first 60 days the subscription is free of charge for Users. After the specified period expires, the User gets access to the content only if the subscription is paid in advance.
1.4 If the subscription payment is overdue, the User's access is blocked until the subscription payment is made in full.
1.5 If the User cancels the subscription during the free (trial) period, such User may immediately lose access to the content. In case of cancellation of an already paid subscription, the User is not entitled to claim any pro rata or full refund of the subscription fees paid and continues to use the content until the expiration of the paid subscription period.
1.6 The User has the right to unsubscribe at any time by sending an e-mail to: support@taketime.net. Also, the User has the right to delete his/her account at any time by himself/herself, unless such change or deletion may result:
(1) to violate the rules of this User Agreement
(2) to a violation of the Act
1.7 Payments for the service period are made according to the selected tariff plan and specified periodicity. Please note that the amounts paid for services are non-refundable. Also, we note that users can change their tariff plan only to a higher level: from the basic tariff plan to an advanced tariff plan, with an additional payment. There is no option to switch from a more expensive tariff plan to a cheaper one.


8. APPLICATION ACCESS

General Provisions

8.1 The Company reserves the right to change or modify the Application Content at any time without giving any reason, at its sole discretion and without the need to notify the User. The Company also reserves the right to modify, interrupt or discontinue part or all of the Application at any time without any further notice. In connection with the foregoing, the Company does not assume any liability to Users or third parties for any changes, modifications, deletions, eliminations, discontinuances or interruptions to the Application.
8.2 The Company does not guarantee that the Application and Services will be available to the User at all times. From time to time, the Company may encounter hardware, Application software or other problems, and the Company may need time to investigate and correct such problems. Such troubleshooting may result in failures, delays or errors in the operation of the Application. Company reserves the right to modify, revise, update, suspend, discontinue or otherwise change the Application at any time or for any reason without prior notice. User agrees that Company shall not be liable for any loss, damage or inconvenience caused by User's inability to access or use the Application during downtime or discontinuance of the Application. Nothing in the terms of this Agreement shall be construed to obligate Us to keep the Application running without interruption or disruption.

Providing updates

8.3 The Company may from time to time provide Updates and require them to be installed on the User's smartphone or other device. In this case the User is the only person responsible for installing the Updates and is fully liable for any loss, loss, damage or loss of profit caused to the User by late installation of the Updates or failure to install them at all, incompatibility of the installed Updates and the smartphone/other device. The Company does not provide any technical support or internet connection to the User to access the Services and/or Updates.

Account Deletion

8.4 The User has the right to stop using the Application at any time by deleting it from their smartphone or other device.
8.5 The Company has the right to terminate (stop) the User's access to the Application and Services by deleting his/her account at any time without prior notice in case:

(1) the User violates the terms and conditions of this Agreement or when the Company has reasonable grounds to believe that such violations have been committed

(2) infringement of intellectual property rights of the Company, other Users or third parties

(3) committing actions that are illegal, violate the rights and interests of the Company, other Users or third parties, or undermine the operation of the Application or the ability of other Users to use the Application

(4) the User uses the Services or the Application in a manner that may result in legal liability for the Company in the future

(5) if required by applicable law or a competent public authority
Upon occurrence of the circumstances set forth in the preceding paragraph, the User is prohibited from creating any other accounts on the Application in the future.
8.6 The Company also has the right to delete the User's account due to inactivity for 365 consecutive calendar days.
8.7 In all cases of deleting the User's account or deleting the Application from the User's smartphone or other device, all data and information posted by the User in the account and/or related to it will be irrevocably deleted. The Company does not assume any responsibility for the deletion of such data and information, as well as for any harm, damage, loss or loss of profit caused to the User by such deletion and/or lack of access to the Services in general.
In addition, the User is not entitled to claim any refund for previously paid subscriptions.


9. ASK A QUESTION

9.1 If you have any questions regarding the terms of this Agreement or the procedure/method of its fulfillment, you may address your question to us at: support@taketime.net.
9.2 Employees and representatives of the Company will use their best efforts to respond to your request within a reasonable period of time.

10. RESPONSIBILITY

10.1 In no event shall the company or its representatives be liable to the user or to any third party:
(1) For any consequential, incidental, unintentional damages, including lost profits or lost data, harm to honor, dignity or goodwill, resulting from the use of the app, services or other materials accessed by the user or others through the app, even if the company has warned or indicated the possibility of such damages
(2) For the actions of other users, for user-generated content posted by users, for goods/services provided by third parties or other users (even if accessed through our application) to which the user has gained access
(3) in cases expressly provided for by the terms of this Agreement or by a rule of applicable law.

11. DISPUTE RESOLUTION PROCEDURE

11.1 In case 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 case the disputes are not resolved through negotiations, the disputes shall be resolved in accordance with the procedure established by the current legislation of the European Union.

12. FINAL PROVISIONS

12.1 We may revise, supplement or amend the terms of this Agreement from time to time. Such revisions are generally not retrospective. In the event of such revision, supplement or modification, the Company shall notify Users 1 calendar day prior to the effective date of such changes by publishing the relevant information directly in the Application itself.
If the User continues to use the Application after the changes or amendments to the text of the Agreement have been made, it means that the User is familiarized with the changes or amendments and has accepted them in full without any objections.
12.2 Unless otherwise expressly stated in the provisions of this Agreement or directly arising from the norms of the current legislation, the substantive law of the European Union shall apply to the terms and conditions of this Agreement.
12.3 An integral part of this Agreement is the Application's Privacy Policy.
12.4 If one or more of the terms of this Agreement is invalid or void under applicable law, the remaining terms of this Agreement shall remain in full force and effect as if the invalid or void term did not exist at all.
12.5 Access to the Application and its Services is provided to the User "as is", We do not promise, guarantee, or imply that the Services and the Application may or may not be suitable for your needs, goals, expectations, and therefore do not guarantee any specific result or consequence as a result of your use of the Application and its Services.