LICENSE AGREEMENT (OFFER) ON THE USE OF THE H2K MOBILE APP
This License Agreement (hereinafter referred to as the Agreement) is a public offer - an official offer of Oris Lab LLP (BIN 130640019840), addressed to any natural person with full legal capacity (i.e. who has reached the age of 18), which governs relations arising between the User and Oris Lab LLP (Oris Lab) and determines the conditions for using the H2K mobile application.
1. GENERAL PROVISIONS
1.1. The Agreement is concluded on the basis of the User's full and unconditional consent to conclude an agreement (acceptance) by familiarizing the User with the terms of the Agreement, performing conclusive actions by the User and pressing the button "I agree with the terms of the License Agreement". The text of this Agreement, as well as other additional information, is available on the website: https://h2k.me
or in the mobile application.
1.2. An agreement concluded by accepting this offer (concluding an agreement by means of information technology remotely) is governed by the norms of civil law, since its terms are defined in this Agreement and can be accepted by any person only by joining the proposed Agreement as a whole without any exceptions and restrictions. In connection with the foregoing, Oris Lab recommends to carefully read the text of this Agreement, and in case of disagreement with any provision, invites to refuse to accept the offer.
1.3. Acceptance of this offer, and accordingly, the conclusion of this Agreement means that the User agrees that the use of the mobile application entails the registration procedure, including in automatic mode, and also agrees to receive letters and messages from Oris Lab, including advertising nature.
2. SUBJECT OF THE CONTRACT
2.1. This Agreement defines how the H2K mobile application (hereinafter referred to as the Application) should be used and is applicable to all Users using the Application in any way, including the functionality of the Application. By using the Application, the User confirms that he / her has read, understood and agrees to be bound by the terms of the Agreement.
2.2. Oris Lab, free of charge, under the terms of a simple (non-exclusive) license, grants the User a non-transferable right to use the software that ensures the operation of the Application in the following ways:
- in the ways provided for in this Agreement. The User guarantees that he will not use the Application in violation of the requirements of the current legislation, the terms of this Agreement, in order to cause harm to Oris Lab, other Users and / or third parties;
- the use of the Application must be carried out for its intended functional purpose, for which the User needs to install the Application on his mobile device.
2.3. Any dispute, claim or petition, in any way related to the use of the Application, will be considered in accordance with the legislation of the Republic of Kazakhstan.
2.4. Oris Lab notes that this Agreement may be modified by Oris Lab at its sole discretion at any time. When changes are made, Oris Lab undertakes to post the new version of the Agreement through the Application. Also, the line "Date of last update", which is located at the top of the Agreement, will be updated. Further use of the Application by the User after making changes to the Agreement will mean acceptance of the change.
3.1. In order to be able to use the functionality of the Application, the User must create and register his / her account, which includes, among other things, an access code - an email address (login), an associated password for accessing the services of the Application, and also to which the User's personal data will be associated ("Profile User"). The User Profile may also have a specific User mobile phone number (“Device”) associated with it.
3.2. The application must be used under the name: "H2K". The User is not entitled to change and / or delete the name of the Application, the copyright protection mark or other indications of the owner, copyright holder.
3.3. Use of the Application is allowed only in the ways provided for in this Agreement.
3.4. The User informs the Support Service about the presence of errors or malfunctions that have arisen in the process of using the services of the Application.
3.5. Depending on the User's region, all or some of the functions of the Service may be unavailable or limited. The use of any technical and software methods to circumvent these restrictions is prohibited.
3.6. In order to ensure that the Application continues to provide the greatest benefit to Users, as well as to correct bugs and make other technological changes, Oris Lab may offer updates to the Application after it has been downloaded by the User. These updates are available to Users of the Application through the Apple App Store or Google Play. Oris Lab does not require any available updates to be installed in order to continue using the Application, however, in order for the Application to function correctly, it recommends to use updated versions.
4. REGISTRATION AND AUTHORIZATION OF THE USER
4.1. The use of the Application Services is possible only if the User is registered in the Application and authorized in the Application in accordance with this Agreement.
4.2. To Register the User in the Application, the User independently uploads (downloads) the H2K mobile application to the Device using the AppStore (itunes.apple.com
) and/or Google Play (play.google.com
) on the Internet.
4.3. In the process of using the Application, in some cases, Oris Lab may require the User to fill out a questionnaire to obtain additional information in accordance with the requirements of applicable law.
4.4. If the User, upon registration or at the request (demand) of Oris Lab, provides false information, or if Oris Lab has reason to believe that the information provided by the User is false, Oris Lab has the right, at its sole discretion, to unilaterally block the User's access to the use of the Application or certain Application services.
4.5. The User undertakes to keep secret the login and password, as well as other data through which access to the Application Services can be obtained on behalf of the User. In case of loss of the login, password, or if there is reason to believe that a third party has taken possession of this data (as well as other data), the User is obliged, using the contact details specified by him during registration, to submit a request to Oris Lab (by contacting the Support Service) about blocking access to the personal account. A request to block access to the personal account is considered by Oris Lab within 3 (three) hours from the moment the request is sent. All risks arising from the failure to fulfill this obligation by the User are borne by the User.
5. ENSURING ACCESS
5.1. The operation of the Application is generally available 24 hours a day, seven days a week. However, Oris Lab does not guarantee that the services of the Application will be free from errors and failures during the specified time. Oris Lab reserves the right to temporarily close access to services using the Application for scheduled maintenance, service and upgrades. Oris Lab will make every reasonable effort to notify the User of any scheduled maintenance in advance, but cannot guarantee that such notification will be delivered to the User in a timely manner. The Services of the Application depend on the services provided by third parties (for example, mobile operators, suppliers, banks). Oris Lab is not responsible for such services provided by third parties.
6. LIMITATION OF LIABILITY
6.1. Oris Lab is released from liability for failure to perform obligations under this Agreement if such failure is due to force majeure circumstances, including acts or omissions of authorities, changes in legislation, sanctions, embargoes, natural disasters, fires, floods, major accidents, other circumstances that are beyond the control and control of Oris Lab and which Oris Lab could not have foreseen and/or avoided by acting reasonably and with due diligence. Except as otherwise provided in this Agreement, Oris Lab shall not be liable for any loss or damage caused by the violation or unauthorized use of the User Profile in the H2K mobile Application, as well as for consequential damages, such as lost profits or other consequential damage in connection with the use of the Application by the User.
7. RESPONSIBILITIES OF THE PARTIES
7.1. In case of violation of the terms of this Agreement, which caused harm to all or one of the parties to the Agreement, the guilty party shall be liable in accordance with the legislation of the Republic of Kazakhstan.
7.2. Oris Lab is not responsible for technical temporary failures and interruptions in the operation of the Application and its components that occurred due to reasons beyond its control or in the event of scheduled or unscheduled maintenance of the Application and its components.
7.3. Oris Lab is not responsible for temporary failures and interruptions in the operation of communication lines, other similar failures, as well as for malfunctions of the Device from which the User accesses the Application and its services.
7.4. Oris Lab is not responsible to the User for the actions of other Users, and any other participants in the Application.
7.5. Oris Lab shall not be liable for any direct or indirect damages, including loss of profits, damage from use, loss of data or any other non-pecuniary loss, damage to reputation or other damages arising from:
1) use or inability to use the Application and its services by Users;
2) changes to the terms of the Oris Lab Agreement.
8. DURATION AND TERMINATION
8.1. Validity. This Agreement takes effect on the date you accept it (as described in the preamble above) and is in effect for the duration of your use of the Application, unless terminated earlier in accordance with this Agreement.
8.2. Notwithstanding the foregoing, you hereby acknowledge and agree that this Agreement shall become effective upon the occurrence of the first event on (a) the day you first use the Application or (b) the day you accept this Agreement, which shall remain in effect until you are using the Application unless terminated earlier in accordance with this Agreement.
8.3. Termination on your part. If you wish to terminate this Agreement, you may do so by simply deleting the Application from your mobile device.
8.4. Consequences of termination. Termination of this Agreement requires you to delete the Application and stop using it completely. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, the title provisions, warranty disclaimers, and limitation of liability.
8.5. This Application is intended for use on the territory of the Republic of Kazakhstan. Oris Lab makes no representation that the Application will work in other countries.
9. OTHER PROVISIONS
9.1. All possible disputes arising from this Agreement or related to it shall be resolved in accordance with the current legislation of the Republic of Kazakhstan.
9.2. Inaction on the part of Oris Lab in the event that any of the Users violates the provisions of the Agreement does not deprive Oris Lab of the right to take appropriate actions later to protect its interests and protect property and non-property rights to the materials of the Application protected in accordance with the law.
9.3. No advice or information received orally or in writing from Oris Lab or through the application creates any warranty.
9.4. Questions, complaints, claims. For any questions regarding the Application, you can contact us by writing to firstname.lastname@example.org