This Agreement on using the mobile application “Gerchik & CO” for smartphones and other portable (mobile) devices on iOS and Android platforms (hereinafter referred to as the “Application”), is concluded between Gerchik & Co Ltd., acting as the legal owner of all exclusive rights, including the right to intellectual property and commercial use of Application (hereinafter referred to as the “Rightholder”), on the one hand, and the end user – an individual who downloaded the Application to his mobile device (hereinafter referred to as the “User” or “You/You/Your”) on the other hand, and hereinafter together referred to as the “Parties”, on the following terms and conditions:
1.1. The “Rightholder” is a legal entity of Gerchik & Co Ltd., having all exclusive, property and other rights to use and dispose of the “Gerchik & Co” mobile application, which has placed the specified application in the AppStore and/or Google Play application stores.
1.2. The “User” is an individual who has reached the age of 18 (eighteen), downloads to his mobile device and further uses the Application.
1.3. The “Application” is a “Gerchik & Co” mobile application, presented in the AppStore and/or Google Play application stores, which is a collection of information integrated into a software shell (program) designed to be installed (downloaded) on the User’s mobile device, which provides the User with the opportunity to view/read text, photo images and other actions on his mobile device in order to train the User in trading skills.
1.4. “Intellectual Property Rights” means all intellectual and industrial property rights, including (i) rights to inventions, discoveries, and patents for inventions, including patent applications, reissued patents, reissued applications or continuation applications, and partial continuation applications; (ii) copyrights; (iii) rights for designs and industrial samples; (iv) rights for trademarks, service marks, product design and rights for similar objects; (v) rights to trade secrets (know-how), trade secrets and confidential information; (vi) rights to topography of integrated circuits and rights to photomasks; (vii) other property rights.
1.5. The “License” is a limited and revocable right to download, install and use the functionality of the Application on the terms of a simple (non-exclusive) license provided to the User by the Rightholder in accordance with the terms and conditions of this Agreement.
1.6. The “Privacy Policy” is a separate document, the terms and conditions of which the User agrees to during registration when installing the Application, applicable when using the Application, which applies to the legal relationship between the Rightholder and the User of the Application, valid in respect of the information that the Rightholder may receive about the User and from the User during registration and during their use of the Application.
2.1. Please read the terms and conditions of this Agreement carefully before using the Application. By downloading or installing the Application on your mobile device, you agree to your full and unconditional acceptance of the terms and conditions of this Agreement. If you do not accept the terms and conditions of this Agreement in its entirety, you may not use the Application for any purpose. For the avoidance of doubt, if you have downloaded the Application and withdraw subsequently from any of the terms and conditions of this Agreement or the entire Agreement, you should immediately remove the Application from your mobile device. You hereby irrevocably agree that you may only cancel this Agreement and/or any of the terms and conditions of this Agreement by deleting the Application from your mobile device.
2.2. Use of the Application is permitted only under the terms and conditions of this Agreement. If the User does not accept the terms and conditions of the Agreement in full, the User may not use the Application for any purpose. Using the Application in violation (non- compliance) of any of the terms and conditions of the Agreement is prohibited.
2.3. The Rightholder, on the terms and conditions of a simple (non-exclusive) license, provides the User with the non-transferable right to use the Application on the territory according to paragraph 2.5. of this Agreement by using the Application for its direct functional purpose, for which purpose the User is granted the right to copy and install (play) it on the User’s mobile device.
2.4. During the term of this Agreement, the User is granted the right to use the Application in
the following ways:
following ways:
2.4.1. use the Application for its direct functional purpose by installing the Application an
unlimited number of times on an unlimited number of devices owned by the User, provided that the
Application is fully saved in the form presented in the relevant Google Play and/or App Store
application stores;
2.4.2. use the functionality maintained in the Application, services, features, tools;
2.4.3. access to install and use new versions of the Application (as they are released).
2.5. Territory of use of the Application: all countries where the Application operates on the User’s device.
2.6. Use of the Application is possible only with the User’s full consent to it:
2.6.1. this Agreement;
2.6.2. regulations, rules and policies of the relevant application store (Google Play and/or App
Store);
2.6.3. the Privacy Policy within the scope of the Application;
2.6.4. other rules governing the legal relations of the Parties.
3.1. If the User is under the age of 18 (eighteen), the User must read this Agreement with his or her parent or legal representative in order to understand the terms and conditions of this Agreement.
3.2. Except for use to the extent and in the manner expressly provided for in this
Agreement, the User shall not have the right:
- change, decompile, disassemble, decrypt and otherwise manipulate the object code and
source code of the Application to obtain information about the implementation of the algorithms
used in the Application, create derivative works using the Application as well as to make (allow to
make) other use of the Application, any components of the Application, images and other data
stored by the Application on the User’s mobile device, without the written consent of the
Application’s Rightholder;
- grant the rights to the Application to any third party, in any manner whatsoever;
- independently or with the help of third parties to modify, create similar software in whole
or in part, improve, translate into other languages, perform engineering analysis, including for
reproduction purposes, perform emulation, tamper with the security system, restore or attempt
to restore the source code or protocols of the Application, or any parts or functionality thereof;
- remove, obscure and change the notices of the exclusive rights of the Rightholder
posted in the Application;
- independently or with the help of third parties, reproduce elements of the design or user
interface of the Application, as well as use the Application, any parts or functionality thereof as
part of commercial products, services or offers;
- independently or with the help of third parties, benchmark the Application and make the
results of such benchmarking public, as well as use said results for competing software
development activities;
- reproduce and distribute the Application for commercial purposes (including for a fee) as
part of collections of software products, without the written consent of the Rightholder of the
Application.
4.1. The Rightholder is not responsible in case of failures when downloading the Application to the User’s mobile device.
4.2. When iOS or Android operating systems are updated, the Application may be incompatible with the updated version of these operating systems, losing all or part of its functionality. Similarly, if the User does not update the operating system as it is updated by the application store, the Application (in the currently supported version for the updated operating system) may not be compatible with the outdated version of the operating system on the User’s mobile device. These circumstances are beyond the control and responsibility of the Rightholder, but the Rightholder will endeavor to restore the functionality of the Application.
4.3. The Rightholder at its own discretion makes changes, modifies the Application, expands its separate functionalities or discontinues the development and technical support of the Application without prior notice. The License shall apply to all subsequent updates/new versions of the Application. By agreeing to install and using the update/new version of the Application, the User accepts the terms and conditions of this Agreement for the relevant updates/new versions of the Application, unless the update/new version of the Mobile Application is accompanied by a different license agreement.
4.4. The Rightholder shall be entitled to suspend the User’s access to the Application in order to optimize its operation, perform technical works, eliminate problems in the operation of the Application, and in other cases at the discretion of the Rightholder.
4.5. The term of the simple (non-exclusive) license to use the Application is equal to the term of the Agreement; upon termination of the Agreement, the User loses the right to use the Application.
5.1. Using the Application requires the mandatory creation of a User account (providing data about the User, creating data for access: login, Email and password). The User can log via Apple ID, Facebook and registration via Google.
5.2. The User gives the Rightholder consent to the processing of the User’s personal data for the purposes defined in this Agreement. The Rightholder shall process the User’s data on the terms and conditions of “Privacy Policy”, solely for the purposes of the User’s use of the Application for its functional purpose according to this Agreement.
5.3. The User shall independently ensure non-disclosure (secrecy) of data stored in the account, including the password, and shall be responsible for their disclosure in any way, including all risks and losses arising in connection therewith. Disclosure of account data is a material breach of this Agreement.
5.4. The User is responsible for all actions taken under his account and using his login and password, as well as for all actions taken from his mobile device on which the Application is used.
6.1. The Application, as well as any subsequent version thereof, is provided on an “as is” basis. The Rightholder cannot provide any guarantee in relation to error-free and uninterrupted operation of the Application or any of its components and/or functions on your mobile device. The Rightholder also cannot provide guarantees regarding the compliance of the Application with the specific purposes of the User, does not guarantee the accuracy, completeness and timeliness of the information received by the User, and does not provide any other guarantees not expressly set forth in this Agreement. The Rightholder does not guarantee that the Application, its functionality, or the results to be obtained by the User as a result of using the Application will meet the User’s requirements and expectations.
6.2. The Rightholder is not responsible for: the consequences of unauthorized use of the Application by third parties; for direct or indirect damages incurred by the User as a result of using/not using the Application.
6.3. All actions performed using the Application are considered actions performed by the User.
6.4. The Rightholder has the right to refuse to grant the User the right to enter into this Agreement without warning, or to terminate unilaterally this Agreement if the User’s actions offend, humiliate, threaten, defame, or otherwise violate the rights of third parties, as well as violate the provisions of applicable law.
6.5. The User may address all questions and complaints regarding the use/inability to use the Application as well as possible violation of the law and/or the rights of third parties to the Rightholder (contact information is provided below).
6.7. The applicable law governs this Agreement and all relations related to the use of Application.
lication. 6.8. In case the User or a third party has any questions, complaints, claims related to the use of the Application, including, but not limited to: liability claims about the quality of the Application; any claim that the Application does not comply with any applicable regulatory requirements; claims arising in accordance with the legislation on the protection of consumer rights, on confidentiality (protection of personal data) or other similar legislation, such issues, complaints, claims shall be considered solely by the Rightholder. Any questions, complaints and claims arising from the User shall be sent to the Rightholder at the email address specified in Section 8 of this Agreement.
6.9. The App Store and/or Google Play application stores through which the User has obtained the right to use the Application shall not be responsible for the timing and procedure of consideration by the Rightholder of questions, complaints and claims sent to the Rightholder in accordance with Section 8 of this Agreement.
6.10. The Rightholder shall not be responsible to the User for any damages related to the use of the Application or the inability to use the Application, including due to possible errors and malfunctions in the Application.
6.11. The User is solely responsible to third parties for their actions when using the Application, including the fact that they comply with applicable law and do not violate the rights and legitimate interests of third parties.
6.12. If third parties file claims against the Rightholder due to unlawful actions of the User when using the Application, the User shall independently resolve any disputes that have arisen and shall be solely responsible to the said persons.
7.1. The Rightholder has the right to change unilaterally this Agreement at any time by
performing any of the actions listed below:
- placement in the Application of the appropriate changes;
- sending relevant information to Users to the email addresses specified by Users when registering
in the Application.
he Application. 7.2. If the Agreement is amended, the date of the last update shall be indicated in the current version of the Agreement. The new version of the Agreement comes into force from the moment the Rightholder performs any of the actions stipulated in paragraph 7.1 of this Agreement, unless the new version of this Agreement stipulates otherwise.
7.3. By continuing to use the Application after change to the Agreement, the User confirms their full and unconditional consent to the changes.
7.4. The Rightholder is also entitled to terminate unilaterally this Agreement in whole or in part, if the User will grant third parties the rights to use the Application owned by the Rightholder or will use the Application beyond the rights and/or on other terms and conditions than those provided for in this Agreement.
8.1. All communications/notices/claims/suggestions should be sent to the Rightholder at the following email address: [email protected]