September 01, 2022.
1. Terms and definitions
1.1 In this User Agreement the following terms have the following meanings, unless the context suggests otherwise:
1.1.1 "Offer" - this document, offer of the Licensor to conclude the Agreement on the terms and conditions set forth in the Offer, posted at: http://kegelfit.app/agreement
1.1.2. "Acceptance" - Full and unconditional acceptance of the Offer by User for the actions, specified in paragraph 2.2 of the Offer.
1.1.3. "Right holder" - Ivan Ivanov (Vonavivan LTD).
1.1.4. "User" - a natural person who has entered into the Agreement by means of the Acceptance.
1.1.5 "Mobile Application" means software designed to run on smartphones, tablets and other mobile devices. For the purposes of this Agreement, hereinafter, the term "Mobile Application" means the mobile application "KegelFit" "KegelFitness", which offers Video Courses (Videos) and is available for download on the User's mobile device in the App Store and Google Play.
1.1.6. "Video Material" shall mean a video recording, an object of intellectual property, access to which the User may gain access under the terms of the Agreement through the use of the Mobile App.
1.1.7. "Video Course" - a set of consecutive, cohesive Videos.
1.1.8. "Simple (non-exclusive) License" - the User's non-exclusive right to use the Mobile Application and/or the Video Courses (Videos), while retaining the Licensor's right to grant licenses to other parties.
1.1.9. "Subscription" - the temporary acquisition by the "User" of the right to use the entire list of videos and video courses that are provided by the "Right Holder" and are available during the subscription period for a corresponding fee from the "User" in favor of the "Right Holder". Subscription is purchased by the User for a period of 1 month or 1 year. 2.
2. General provisions
2.1 This Offer is an official offer of the Licensor to any individual with full legal capacity and necessary authority to enter into an agreement under the terms and conditions set forth in the Offer (hereinafter - the Agreement), and contains all material terms and conditions of the Agreement.
2.2 Acceptance of the Offer shall be a downloading and/or installation of the Mobile application to a mobile device by User.
2.3 Acceptance of the Offer in the order stipulated by this Offer is tantamount to concluding the Agreement under the terms and conditions set out in the Offer.
2.4. The Offer (Agreement) shall not require seals and/or signatures of the Rightholder and User (hereinafter jointly referred to as the Parties) with full legal effect.
2.5. By accepting the Offer the User guarantees reading, consent, complete and unconditional acceptance of all the terms and conditions of the Agreement exactly as they are set forth in the text of the Offer, and guarantees the authority and legal rights to enter into contractual relations with the Licensor.
2.6 The Licensor has the right to change the terms and conditions of the Offer at any time. Changes in the Offer terms come into force from the moment of their publication.
3. The Subject of the Agreement
3.1 Under the Agreement, the Right Holder grants the User the right to use the Mobile Application under a simple (non-exclusive) license within the limits specified in the Agreement, and the User acquires the right to use the Mobile Application in the manner prescribed in the Agreement.
3.2 Under the Agreement, the Rights Holder shall also be obliged to grant the User the right to use the Video Courses (Videos) offered in the Mobile Application by way of subscription for the period of time specified in this Offer, under the terms of a simple (non-exclusive) license within the limits specified in the Agreement, and the User shall be obliged to accept the transferred right in the manner stipulated in the terms of the Agreement.
3.3 The User may use the Mobile Application and the Video Courses (Video Materials) only within the limits and in the manner set forth in the Agreement. Any right not expressly stated in the Agreement shall not be considered granted to the User.
3.4 In order to receive the rights stipulated in Clauses 3.1 and 3.2 of the Agreement, the User is obligated to provide the User with the Software. 3.2 of the Agreement, the User shall be obliged to make payment to the Right Holder in the amount established by the Agreement, in the manner, on the terms and conditions of the Agreement, if the amount of payment is provided by the terms of this Agreement.
3.5 Use of the Mobile Application and Video Courses (Videos) is conditionally free of charge. For the purposes of this Agreement, use of the Mobile Application and Video Courses (Videos) in shareware mode shall have the following meaning:
3.5.1 The User's use of the Mobile Application to the extent specified in clause 5.2.1 of the Agreement is free of charge.
3.5.2 Access to free Video Courses (the right to use free Videos) within the limits specified in clause 5.2.2 of the Agreement is provided to the User free of charge.
3.5.3 Access to Video Courses (the right to use Video Content), except for the Video Courses (Video Content) specified in clause 3.5.2 of the Agreement, is provided for the period of subscription to the Video Courses, which is provided on a refundable basis and only upon payment under the terms and conditions of the Agreement.
3.6 The functionality of the Mobile Application: enabling the User to read the terms and procedure for obtaining access (the right to use) to the Video Courses (Videos) and take actions to acquire such access (the right) to listen to the Videos via the Mobile Application.
3.7 Information about the cost of access to the Video Courses, their description, as well as the number and structure of the Video Materials in a particular Video Course shall be indicated in the Mobile Application along with other types of information.
The User is entitled to use the Mobile Application and the Video Courses (Videos) without territorial restrictions (worldwide).
4. Process of executing the agreement
The User undertakes to keep the information enabling access to the Video Courses (Videos) confidential and not disclose it to any third parties. He also shall not use it in any way that may cause losses to the Licensor or damage its interests, and if for any reason such information is disclosed to third parties, the User shall immediately notify the Licensor of such disclosure.
4.2 The User shall not use any devices and/or computer programs (scripts) to interfere with the normal functioning of the Mobile application.
4.3 The Rights Holder shall have the right to suspend or terminate the User's access to the Mobile Application and the Video Courses (Videos), if there is a reasonable belief that the User is involved in illegal activities and (or) violates the terms of this Agreement.
4.4 The User shall immediately notify the Right Holder of the unlawful use of the Mobile Application and the Video Courses (Videos) by third parties, if this fact has become known to the User.
4.5 The Rights Holder shall have the right to suspend the operation of the Mobile Application or its individual components for maintenance purposes.
5. Granting the rights of use
The exclusive rights to the Mobile Application and the Video Courses (Videos) and their components and elements shall belong to the Title Holder. Alienation (sale) of exclusive rights is not a subject of the Agreement.
5.2 Under the Agreement the Licensor grants the User the right to use on the terms of a simple (non-exclusive) license:
5.2.1. the Mobile Application in the following ways:
5.2.1.1. Use for its direct purpose;
5.2.1.2. download and install it on the User's personal mobile device;
5.2.1.3. downloading and installing updates (new versions) of the Mobile Application;
5.2.1.4. deleting the Mobile application from the User's mobile device.
5.2.2 Video courses (Videos) in the following ways:
5.2.2.1. Exclusively personal viewing, i.e. viewing the Videos included in the Video Course on a personal level by the User through the Mobile App from the User's personal mobile device.
5.3 The use of the Mobile Application and the Video Courses (Videos) by the User by other means than those specified in clause 5.2 of the Agreement is strictly prohibited. It is also prohibited to use the Mobile application and the Video courses (Videos) for commercial or other purposes.
5.4 The right to use the Mobile application shall be transferred to the User, and the User shall accept the right to use the Mobile application at the moment of entering into the Agreement. The right to use the Mobile Application shall be granted for the duration of the exclusive rights and shall be calculated from the moment the User enters into the Agreement.
5.5 Access to the Video Course (the right to use Video Materials) is transferred to the User, and the User accepts this right at the moment of paying for the subscription. The right to use the Video Course (Video Materials) is established for the duration of the exclusive rights and is calculated from the date of payment for the subscription.
5.6 Reports on the User's use of the rights to the Mobile Application and Video Courses (Videos) shall not be submitted to the Rights Holder.
6. Amount of payment
6.1 The following fee is established under the Agreement:
6.1.1 No payment is required to the Right Holder for granting the right to use the Mobile Application.
6.1.2 For access to a Video Course (the right to use the Videos), the User shall transfer to the Right Holder a payment amount equal to the cost of the subscription period for the full list of Video Courses specified in the Mobile App.
6.2 Payment under the Agreement shall be made in the form of a 100% (one hundred percent) advance payment.
6.3 For access to the full list of Video Courses (the right to use the full list of Videos) provided by purchasing a subscription for a certain period, the User shall transfer to the Right Holder a payment amount equal to the cost of the subscription with a certain period of time for the full list of Video Courses available during the period of time of the paid subscription specified in the Mobile App.
6.4 The method of payment shall be selected by the User at their own discretion from the payment methods available in the Mobile application.
6.5 The User's payment obligations shall be deemed fulfilled at the moment the funds are credited to the bank account of the Rights Holder or, if payment is made via electronic payment systems, at the moment the verified information on the receipt of the payment from the relevant payment system is received.
6.6 In accordance with the Agreement, the Licensor has the right to unilaterally change the amount of the payment at any time. These changes come into force from the moment of their publication.
6.7 The Licensor has the right to provide the User, at its sole discretion, a part of the Video Materials and Video Courses free of charge. The quantity and the list of the Video Materials and Video Courses provided to the User free of charge are determined by the Licensor.
7. Responsibility of
7.1. The Parties shall be responsible for the non-performance or improper performance of their obligations under the Agreement, in accordance with the Agreement and the laws of their respective countries.
7.2 The Right Holder is not responsible for:
7.2.1 Compliance of the Mobile Application and Video Courses (Videos) with the purposes of use;
7.2.2. technical malfunctions of the Mobile application, although it is obliged to take reasonable measures to prevent such malfunctions.
7.3 The Right Holder shall not be liable for any possible losses incurred by the User in the event that the User loses access to the Internet.
7.4 Any information which the User receives under the Agreement, including information in the Video Courses (Video Materials), is provided to the User at their own risk, and the User shall be solely responsible for the possible consequences of the use of this information, including any damage caused to themselves and/or third parties.
7.5 The use of the Mobile Application and the Video Courses (Videos) in a way not stipulated by the Agreement, after the termination of this Agreement, or otherwise beyond the rights granted to the User under the Agreement, shall entail liability for violation of exclusive rights in the forms determined by law.
8. Resolution of disputes
8.1 Disputes and disagreements that may arise during the performance of this Agreement shall be resolved by negotiations between the Parties, if it is possible. In the absence of such a possibility, disputes will be resolved in court.
8.2 The procedure of pre-trial settlement of disputes under the Agreement is mandatory for both Parties. Letters of claim of the Parties shall be sent by courier or by registered mail with notification of receipt to the addressee at the location of the Parties.
The Parties shall not use any other methods of sending letters of claim. The letter of claim shall be considered within 30 (thirty) business days from the date of receipt of the letter by the addressee.
9. Final Provisions
9.1 If any provision of this Agreement becomes invalid by law, it will be deemed to be excluded from this Agreement, and the remaining provisions of this Agreement will remain in force.
9.2 Right holder has the right to unilaterally change the terms and conditions of the Offer (Agreement) at any time. These changes come into force from the moment of their publication.
9.3 This Agreement may be terminated by mutual agreement of the Parties, as well as unilaterally at the written request of one of them. Upon termination of the Agreement, all rights to use the Mobile Applications and Video Courses (Videos) shall be cancelled, and the User shall immediately stop any use and remove the Mobile Application from their mobile device.
9.4 The Parties shall not have any related oral agreements. The content of this Agreement fully corresponds to the actual will of the Parties.
9.5. In everything else that is not stipulated by the Agreement for the Parties, they shall be governed by the applicable law.
10. Information about the Copyright Holder
Copyright Holder: Ivan Ivanov(Vonavivan LTD).
Registered address: 070003, Kazakhstan, Ust-Kamenogorsk, 7 N. Nazarbayev Ave.
Phone: +7(909)0947804
E-mail: hello@kegelfit.app