License agreement to use Mobile tapXphone application

Date of publication: 06/01/2020

Before using the application, please, read the terms of the license agreement below.
Any use of the application means your full and unconditional acceptance of the terms of this license agreement.
If you disagree with any the terms of the license agreement, you may not use the mobile application for any purposes.

1. General Terms

1.1. This License Agreement («License») establishes the conditions for using the Mobile tapXphone application («Application»), and is entered into between any person using the Application («User»), and IBA Group a.s, 2583/13 Petrzilkova St., Prague 5, 158 00, Czech VAT No. CZ27365824, the owner of the exclusive rights to the Application («Rightholder»)

1.2. By copying the Application, installing it on his / her mobile device or using the Application in any manner, the User expresses his / her full and unconditional agreement to the terms of this License.

1.3. Using the Application is permitted only under the terms of this License. Unless the User accepts the license terms in full, he / she shall not use the Application for any purposes. Using the Application in violation (default) of any of the terms of this License is prohibited.

1.4. Use of the Application by the User under this License for commercial purposes is free of charge. Use of the Application on terms and in ways not provided for by this License will be allowed only on the basis of a separate agreement with the Rightholder.

1.5. By using the Application, the User agrees that the following documents, the terms of which are fully applicable to the use of the Application, are an integral part of this License:
• Rules on the use Mobile tapXphone application posted online at the web address https://tapXphone.com
These documents (including any parts thereof) may be changed unilaterally by the Rightholder without any further notice. The revised document shall become effective upon publication unless stipulated otherwise by a new version of the document.

1.6. The Rightholder may provide the User with a translation of this License from Russian into other languages, but in the event of any inconsistency between the terms of the License in Russian and its translation, the Russian-language version of this License shall prevail.

2. The rights to the Application

2.1. The Rightholder shall has the exclusive rights to the Application.

3. License

3.1. The Rightholder grants the User a simple (non-exclusive), non-transferable, free of charge license to use the Application anywhere in the world in the following ways:

3.1.1. Use the Application for its intended functionality, by copying it and installing it (reproducing) on the User’s mobile device(s). The User may install the Application on an unlimited number of mobile devices.

3.2. The Application should be used under the name “tapXphone”. The User may not change the name of the Application, modify and/or delete a copyright notice or another indication of the Rightholder.

4. Limitations

4.1. Except for use in the scope and in the manner expressly stipulated by this License, the User may not modify, decompile, disassemble, decrypt or perform other actions with the object code of the Application aimed at obtaining information on the implementation of the algorithms used in the Application, create derivative works based on the Application, as well as to otherwise use (allow to use) the Application, or any components of the Application stored by the Application on the user’s mobile device, without a written permission from the Rightholder.

4.2. The User has no right to distribute the Application in any way, including as part of Application compilations, without the written consent of the Rightholder.

4.3. The User may not distribute the Application in any form other than that in which he / she received it, without a written consent of the Rightholder.

4.4. The User may not to use the Application if a copy of it is received and installed not through the Google play market.

4.5. Upon using Application, the User shall not:

4.5.1. violate third party rights including underage people and/or cause harm in any way;

4.5.2. impersonate any other person or representative of an organization and/or community without being authorized to do so, including employees of Rightholder and/or acquiring service provider, for representatives of the partners of the Rightholder and apply any other forms and methods of unlawful representation of other persons online as well as mislead Cardholders and Rightholder regarding features and characteristics of any subjects or objects;

4.5.3. use authorization data that not belong to User, use electronic means of payment (including bank cards) without the physical presence of a Сardholder;

4.5.4. collect and store personal data of other persons without proper authorization;

4.5.5. disrupt the normal operation of the Application, including:

4.5.5.1. install on the mobile device on which the Application is installed any software / firmware intended for gaining access to functions not intended for the User;

4.5.5.2. upload to the mobile device on which the Application is installed, pirated software or illegal content;

4.5.5.3. install malicious applications on the mobile device on which the Application is installed;

4.5.5.4. carry out photo and video recording of events on-screen of the mobile device during the operation of the Application.

4.5.5.5. install other applications from unreliable sources on the device on which the Application is installed.

4.5.5.6. assist any actions to violate any restrictions and prohibitions imposed by this License;

4.5.5.7. otherwise violate legal standards including international law.

5. Terms of the Application’s specific functions use

5.1. Certain functions of the Application may only be available when connected to the Internet. It is the User’s sole responsibility to obtain and pay for such Internet connection under the terms and according to rates of his / her cellular communications provider or Internet service provider.

5.2. The Application provides the User, within the framework of a contract with his acquiring service provider, the ability to accept payments made by Сardholders using bank cards.

5.3. The Rightholder is not responsible for the content and / or relevance of the configuration parameters necessary for accepting payments using the Applications provided by the acquiring service provider. The Rightholder is not responsible for the content and / or relevance of the information provided by the acquiring service provider, including information on the cost of the services of the acquiring service provider, as well as their current availability.

5.4. The User interacts with the acquiring service provider to receive acquiring services and to conclude the necessary contract independently (without the participation of the Rightholder) in accordance with the rules for the provision of services adopted by the acquiring service provider.

5.5. The Rightholder is not responsible for financial and any other operations performed by the User and the acquiring service provider, as well as for any consequences of the acquisition of the acquiring service by the User from the relevant provider.

5.6. The User is hereby notified, understands and agrees that the Application may collect anonymized statistical and monitoring data on the use of the Application, as well as on the mobile device on which the Application is installed and automatically transfer them to the Rightholder.

5.7. The User understands that he/she has independently selected the mobile device on which the Application is used. Consequently, the User is hereby notified and agrees that the Rightholder is not responsible for the quality of the used mobile device, its hardware components, which may result in errors, interruptions in work, slow and low-quality operation of the Application or its individual components and/or features.

6. Liability under the License

6.1. The Application is provided on «as is» terms. The Rightholder makes no warranties with regard to error-free and smooth operation of the Application, or its individual components and/or features, the Application’s match to specific goals and expectations of the User, safety of files and/or data of the User and offers no other warranties not expressly set forth in this License.

6.2. The Rightholder is not liable for any direct or indirect consequences of any use, or inability to use the Application, and/or damage sustained by the User and/or third parties as a result of any use, failure to use, or inability to use the Application or its individual components and/or features, including situations due to possible errors or failures in the Application.

6.3. This License and all relations associated with the use of the Application are governed by the laws of the Czech Republic.

7. Updates / new versions of Application

7.1. This License applies to all future updates / new versions of the Application. By agreeing to install an update, or a new version of the Application, the User accepts the terms of this License to such updates / new versions of the Application, unless such an update or install of a new version of the Application is accompanied by another license agreement.

8. Changes to the terms of this License

8.1. This License Agreement may be changed by the Rightholder unilaterally. The User notification of the changes to the terms of this License shall be published at: https://tapxphone.com . These changes in the terms of the license agreement shall come into force from the date of publication, unless otherwise specified in the relevant publication.

IBA Group a.s
2583/13 Petrzilkova St., Prague 5, 158 00, Czech
VAT No. CZ27365824

Date of publication: 06/01/2020
№ 244-144/2020

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