User Agreement

On the Use of RED Smart Pro Application

When you download, upload, copy or otherwise use the application RED Smart Pro fully or partially, you shall acknowledge that you have read, understood, agree and accept the following User Agreement, agree to comply with it and be responsible for its violation. The terms and conditions of the User Agreement and the Key Documents (Clause 2.1 below) are essential and mandatory.

This User Agreement (hereinafter referred to as the "Agreement") governs the relationship between the RED LLC, TIN 7713491474, BIN 1227700486496 (hereinafter referred to as the "Right holder") and you, the end user of the applications, websites and other resources of the Right holder (hereinafter referred to as the "User"), individually referred to as the "Party", and collectively referred to as the "Parties". This Agreement applies to all resources of the RED Smart Pro application.

1. Terms Used in the Agreement

1.1. Network means the worldwide global public access network (the Internet).

1.2. RED Smart Pro Service (hereinafter referred to as the "Service") means RED Smart Pro websites and mobile applications that provide access to the Service database.

1.3. Account means the User account created by the User and owned by the Right holder, which is a set of data on the User stored on the resources, necessary for his/her authorization (authentication) and access to information about the User, settings, statistics and other similar information.

1.4. License is a simple (non-exclusive), non-transferable, revocable, gratuitous sublicense for the use of the Application for personal, non-commercial purposes in the manner and with the limitations set forth in the Agreement.

1.5. Application means any of the following applications (within the context): RED Smart Pro, which is a computer program and includes (program-) related resources, as well as appropriate additions and updates (patches).

1.6. Resources mean software, applications, websites, databases and other resources, including, but not limited to, design elements, text, graphics, illustrations, videos, music, sounds and other objects and their collections.

1.7. Application elements mean a set of objects, things, elements used in the Application, access to which is provided to the User in the process of using the Application free of charge, unless otherwise initially established. The elements of the application do not include Additional Features, access to which is regulated separately.

1.8. Client part of the Application means the software necessary for the use of the Application by the User and to be installed on the technical device of the User.

1.9. User means an individual with the necessary legal capacity to enter into and perform this Agreement, a person who has access to the website and the Service through the network, and uses the Service under the terms, published by the link: https://legal.redsolution.company/ (hereinafter - the "Terms").

1.10. Product (Products) mean products, services, works, etc., covered by the Sale and Purchase (S&P) agreement between the User and the Seller. The Seller is the owner of the saleable Product (Products). All arrangements associated with sale and purchase of Products/provision of services, delivery services purchased by the User as part of the Service arise directly between the Seller and the User. The Service does not represent the Seller of the Product and the person authorized by the Seller to accept and satisfy the requirements of the Users in relation to the non-conforming Product.

1.11. Seller — a limited liability company RED, TIN 7713491474, BIN 1227700486496.

1.12. Shipment means a Product or a set of Products arranged and prepared on the basis of the Order for further transfer to the User.

1.13. Delivery means a service of the Product delivery to the User, according to the Order placed by the User on the Service. The Seller implements the delivery agreement conclusion with the User. The Seller is entitled to involve third parties to deliver the Product to the User.

1.14. Order means activities of the User aimed at conclusion of the Agreement for the Product (Products) delivery services, as well as the S&P agreement/agreements for the relevant Product/Products with the Seller/Sellers, by placing an order for the specified Services and Products as part of the Service.

1.15. Device – the User's device with Internet access, capable of interacting with the Application.

The terms and conditions may include terms that have no definition within this Agreement. In such cases, the interpretation of such a term is made in accordance with the context. In the absence of unambiguous interpretation of a term in the text of the conditions, one should be guided by the interpretation of the term, defined: at the first place, by the legislation of the Russian Federation, in the second place, by the Service, after that, by the existing (generally used) interpretation in the Internet.

2. Terms and Conditions of the Agreement

2.1. Mandatory documents.

Prior to using the resources of the Service, the User undertakes to read and accept the terms and conditions of this Agreement, as well as the terms and conditions of the following documents: Privacy Policy, Rules of the User Support Center (hereinafter referred to as the "Key Documents") or any other documents established by the Copyright Holder. The User also undertakes to accept and comply with all the rules of the third-party platforms applicable to the particular Application, in particular, the Windows Store Service Rules, the Apple App Store Rules, as well as the Google Play Market Rules. The violation of the above rules is equivalent to the violation of the Key Documents.

2.2. Time of the Agreement conclusion.

This Agreement is deemed concluded when the User accepts the terms of the Agreement and the Key Documents. The actual use of the Service resources by the User also means the acceptance of the Agreement and the Key Documents terms and conditions and is considered equivalent to the conclusion of this Agreement. The User undertakes the obligation to comply with the terms and conditions of the Agreement and the Key Documents as of the date of the Agreement conclusion. Moment of acceptance – the moment the application is downloaded and installed on the user's device.

3. Subject of the Agreement

3.1. Access to the Service.

In accordance with this Agreement, the Copyright Holder grants to the User the right to use the Service's resources to the extent, by ways, for the term and within the territory specified in the Agreement, provided that the User observes the terms of the Agreement and the Key Documents.

3.2. Service use order.

The User is entitled to use the resources of the Service within the basic functionality and the free use period on a gratuitous basis and if initially, no fee is established for their purchase and use. The User also is entitled to gain access to the Additional Features on a fee basis. The scope of the rights granted to the User is defined in Section 4 of this Agreement.

3.3. Copyright Holder's role.

Handling and maintenance of the Service resources as well as provision of the rights for the Service resources usage to the User is performed exclusively by the Copyright Holder.

3.4. Territory.

At his/her own discretion, the Copyright Holder is entitled to determine the territory on which the Service resources are handled and accessed.

4. General Provisions

4.1. The Service provides the User with a free opportunity to search for information about the Products, review the product offers of the Sellers, ability to receive (including via the search results) product offers and information relevant to the interests of the User, as well as other functionality that is clearly available to the User, including those indicated in Section 5 of this Agreement.

4.2. By accepting this Agreement, the User agrees to receive the Service's newsletter on responses from the stores to the User's reviews.

4.3. Using the Service, the User agrees to receive advertising messages.in accordance with Clause 18 Part 1 of the Federal Law "On Advertising". The User is entitled to opt out of receiving advertising messages by disabling the corresponding option in the Service settings.

4.4. As part of the Service, the Users have access to a database, which is a referral information system containing information about products/services intended for potential buyers/consumers of the Products. The information about the Products represented on the Service is based on information provided by the sellers.

4.5. The Service may amend the text of this Agreement at any time without notifying the User, and the Copyright Holder is entitled to change the terms of the documents governing the Service usage and those specified in this Agreement at any time without notifying the User. Such amendments become effective from the time of publication. The current (currently valid) text of this Agreement is posted at: https://legal.redsolution.company/

5. Application and Application Resources

5.1. User rights.

The User is entitled to use the resources of the Application within the limits allowed by the Copyright Holder, including:

5.1.1. Reproduce the Application by installing it on a personal computer (smartphone, tablet, TV media box, watch) or other device with the required technical characteristics, or in any other acceptable way;

5.1.2. Use the Application with mandatory observance of the terms of the Key Documents, for which the User is entitled to:

(a) create and delete the Account in accordance with the Agreement;

(b) use the basic functional software capabilities of the Application and/or its elements on a gratuitous basis, if initially the payment is not established for the purchase and use of the Application within the period of gratuitous use, if applicable;

(d) perform other actions authorized by the Copyright Holder.

5.2. Technical conditions of the Application use.

To use the Application, the User has to independently install the Client Part of the Application on a device having the necessary technical characteristics depending on the technical features of the Application. The Copyright Holder and/or its authorized persons may distribute the Client Part of the Application. The Basic Client Part of the Application is provided to the User on a gratuitous basis, except for certain elements and resources that are initially offered for a fee. In accordance with the established technical requirements, the use by the User of some resources and elements of the Application is possible exclusively in an interactive (online) mode, in connection with which the User must provide an Internet connection. In some cases, particularly on iOS and Android platforms, the User may authorize through a third party system if this is expressly permitted in the Application.

5.3. Limitations. The User is not entitled to:

5.3.1. Distribute the Application, its elements, resources and/or their copies thereof for commercial or non-commercial purposes, either by distribution on material media or by posting on the Internet for access or download by certain persons or an unlimited number of persons.

5.3.2. Translate the Application, its elements, resources and/or their copies thereof into other languages without the consent of the Copyright Holder.

5.3.3. Distribute audio-visual elements, images, as well as other intellectual property items present in the Application (except when permitted by the Copyright Holder) for commercial or non-commercial purposes.

5.3.4. Distribute elements of the Application and Additional Features for commercial or non-commercial purposes.

5.3.5. Transfer rights regarding the Application resources including the Additional Features for commercial or non-commercial purposes to third parties including by transferring the Account, entering into a agreement or otherwise.

5.3.6. Use the Account of another User.

5.3.7. Alienate and otherwise transfer the Account, acquire the Account of another User, including through an exchange or gift.

5.3.8. Use automated scripts for information collection or for another kind of interaction with the Application resources.

5.3.9. Use the contact information of other Users to send unsolicited information (spam).

5.3.10. Post the intellectual property items on the Application resources without the consent of their copyright holders.

5.3.11. Post personal information of third parties on the Application resources without their consent, including home addresses, phones and passport data.

5.3.12. Post advertisements, commercial offers, promotional and any other intrusive information on the Application's resources, except for cases, authorized by the Copyright Holder.

5.3.13. Post materials that offend or humiliate the honor and dignity of other Users or third parties, as well as links to such materials on the Application resources.

5.3.14. Post and in other ways use swear, abusive and offensive words and phrases, including using them in the User name (and the so-called "nickname") on the Application resources.

5.3.15. Post malicious programs or links to resources that contain or may contain such programs.

5.3.16. Post on the Application resources materials of pornographic or erotic nature, as well as links to them.

5.3.17. Post threats as well as calls for violence and other unlawful acts on the Application resources.

5.3.18. Post materials with elements of violence, cruelty, racial, ethnic or inter-religious strife, as well as links to such materials on the Application resources.

5.3.19. Promote and demonstrate the nazi, extremist or other equated attributes, symbols and other items on the Application resources.

5.3.20. Promote on the Application resources criminal and other illegal activities, as well as to post instructions on the commission of unlawful acts.

5.3.21. Post on the Application resources any other information that, in the opinion of the Copyright Holder, violates the law, morality and ethics or is undesirable.

5.3.22. Commit criminal and other illegal actions.

5.3.23. Use the Application recourses in ways not provided for in this Agreement and beyond the normal process of use.

6. General Terms and Conditions for Placing an Order in the Service, as Well as S&P Agreements for Products on the Service

6.1. By concluding the S&P Agreement for the Products and placing an order for services, including the Products delivery arrangement on the Service, the User enters into an agreement directly with the Seller/Sellers. As part of the agreement concluded on the Service, the User enters into direct contractual relations with the Seller, the User purchases the Products and/or orders services from.

6.2. Before placing an Order on the Service, the User undertakes to read and acknowledge all the purchase terms and conditions for the Products offered by the Seller on the Service and the provision of Services by the Service. Therewith, obvious errors, including typographical errors committed by the Seller in the Product description, are not legally binding. Placing an Order on the Service means that the User agrees with all the essential terms of the contract.

6.3. The essential terms and conditions of the Agreement concluded between the User and the Seller are indicated in the published description of the Products or services provided by the Seller in the Order form.

6.4. As part of the Order, the Service provides the User with information support for the S&P Agreement for the Products concluded between the User and the Seller. All rights and obligations under the S&P agreement concluded with the User arise directly from the Seller.

6.5. The User confirms his/her consent that the personal information that the User provides to the Service while using the Service, including Order placement and filling out a claim for return of Products on the Service, may be transferred by the Service: to a third party involved by the Seller for the purposes of execution of the agreement for the Products delivery services.

6.6. The User is hereby notified, understands and agrees that while using the Service for the purpose of providing the User with the functionality of the Service, the following anonymized information is automatically transmitted: type of the operating system of the User's device, the browser version and identifier, statistics on the Service functions usage, the device location data (if applicable) and other technical information.

6.7. The User agrees that the Service is entitled to store the above-mentioned personal information of the User, as well as personal information of the awardees specified by the User during the Service usage period of use and at least three years from the date of the last Service usage by the User.

6.8. The User guarantees that he/she is entitled to provide the consent specified in this Clause in relation to (for) third parties (awardees) and is responsible for violation of this guarantee, which may entail losses to the Service, in the amount of such losses and legal costs, or costs of settling claims of third persons when such claims are related to the guarantee violation by the User specified in this Clause.

6.9. By placing an order on the Service, the User agrees to receive (i) emails/push notifications that the Service may send to the User: after placing the Order; in case of its change; before the Products delivery date, in case if the Order is canceled by the store, or other case affecting the Order completion or timely notification on its status, (ii) messages (SMS) to the phone number specified by the User, as well as (iii) a call with an offer to evaluate the Service and the Seller quality to the phone number specified by the User.

6.10. By placing an Order, the User confirms that he/she: a) has completely read and acknowledged the provisions of this Agreement; b) fully understands this Agreement, as well as the subject, terms and conditions of the agreement for the Products delivery services concluded with the Seller, as well as the S&P Agreement for the Products; c) fully understands the meaning and consequences of his/her actions in relation to conclusion and execution of the S&P Agreement concluded with the Seller, as well as the agreement for the Products delivery services, d) is a legally capable citizen who has reached the age of 18.

6.11. The Service is entitled to lock the User's ability to place an Order in the event of repeated cancellation of the Orders made by the User, as well as in case of violation of this Agreement.

6.12. The user undertakes to provide reliable personal information and information of the awardee when placing an Order on the Service. If the User gives inaccurate, incorrect, non-existent phone number, e-mail address, full name of the User and/or the awardee, as well as other inaccurate information, this shall be deemed by the Seller equal to avoidance to receive the Order (Products) and gives cause for canceling the Order in accordance with Clause 6.24. of this Agreement.

6.13. The information on the availability of the Products available on the Service is specified when the User places an Order and, due to the technical features of the Service, may change at the time of placing the Order.

6.14. Conclusion of the S&P Agreement (the offer is published on the website redsolution.company) and, if necessary, the agreement for the delivery services for the Products between the User and the Seller is an indispensable condition for placing Order on the Service.

6.15. The User places an Order by specifying all the data necessary for execution of agreements, including but not limited to: personal information of the User, delivery method, delivery address, full name of the awardee, contact information, payment method. The Seller of the Products may request other information additionally.

6.16. Conclusion of the Products delivery services agreement by the User and the S&P agreement/agreements for the sale of Product/Products is performed:

6.16.1. When the User chooses payment upon receipt of the Products as a method of payment for the Order - at the time the User clicks the "Finish Order" button (or other similar button) in the Order form (providing that the User receives confirmation of the Order);

6.16.2. When the User chooses cashless payment as a method of payment for the Order - at the time the User clicks the "Pay" button (providing that the User receives confirmation of the Order).

6.17. Actions performed by the User, specified in Clause 6.16.1. or Clause 6.16.2. of the Agreement, are considered as the complete and unconditional consent of the User with this Agreement, as well as the terms and conditions of the agreements concluded with the Seller/Sellers.

6.18. At the time the User performs the actions specified in Clause 6.16.1. or Clause 6.16.2. of the Agreement (unless otherwise specified in the Agreement), mutual obligations of the Seller and the User arise under the S&P Agreement and, if necessary, the Products delivery services agreement.

6.19. At the time the User performs the actions specified in Clause 6.16.1. or Clause 6.16.2. of the Agreement, the User confirms that:

- information on the Products and Services is brought to the attention of the User in full;

- before concluding the agreement with the Seller, the User has read all the information about the Products and Services, consumer notification of which is mandatory according to the Consumer Protection Legislation;

- personal data provided by the User and the awardee is reliable;

6.20. The user who places an order on the Service is given the opportunity to choose a payment option in one of the ways provided by the Service:

6.20.1. Payment for the Services and Products upon receipt of the Products (for example, in cash or by credit card, if the Seller has the relevant opportunity);

6.20.2. Cashless payment for Services and Products when placing an Order directly to the Seller (for example, by credit card, or in another way offered by the Seller).

6.21. In the case envisaged in Clause 6.20.2, Agreement, payment is made directly to the account of the Seller of the Products with whom the User has entered into an agreement. At the same time, the terms and conditions of the agreement may provide that funds can be received by a third party, which, in terms of accepting funds as payment for the Products, acts on behalf of the relevant Seller with the involvement of an authorized operator for receiving payments or an operator of electronic funds and represents the payment recipient as the Seller's payment service provider.

6.22. The Service is not a payment service provider for any settlements in accordance with Clause 6.21 of the Agreement in accordance with Clauses 1, 4 part 2, article 1 of the Federal Law as of 03.06.2009 No. 103-FZ "On Collection Of Payments From Individuals By Payment Agents."

6.23. In the case envisaged in Clause 6.20.1 of the Agreement, the Seller or a third party involved by the Seller, when transferring the delivered Product/Products to the User, accepts funds for the Services from the User, as well as for the Product/Products transferred to the User.

6.24. Order cancellation, Rejection of Products by the User, Return of the Products. In each specific case, they are specified and covered by the agreement concluded between the User and the Seller. In the event that the provisions of this section contradict the terms and conditions of the Agreement, the terms and conditions of the Agreement shall prevail.

6.25. Information support for consideration of the User's claims for the Orders placed on the Service.

6.25.1. The Service provides information support for consideration of the User's claims to the Seller, submitted within 14 (fourteen) calendar days from the date of the Products receipt by the User.

6.25.2. The Service provides the User with the opportunity to settle any problem with the Seller that has arisen as part of the Order, submitted during the period specified in Clause 6.25.1, using the feedback form on the Service. At the same time, the User agrees that the content of the claim and the information obtained during consideration of the claim may be available to the Service.

6.25.3. Refund of money paid for the Products is guaranteed to the User if the Product prepaid by the User is not delivered to the User. In case if the Order is not delivered to the User, refund of money previously paid for the Products delivery services arrangement is guaranteed to the User.

6.25.4. Under no circumstances, the Service shall reimburse for the User's losses associated with the sale of low-quality Products by the Seller, as well as penalties payment to the User for delay in the performance of obligations by the Seller. The User shall submit the relevant requests directly to the Seller under the S&P Agreement for the Products concluded with the User in accordance with the Consumer Protection Legislation or other applicable legislation.

6.26. The price of the Products and services for each Order and other essential terms and conditions are determined in accordance with the prices indicated by the Seller when placing the Order on the Service. The delivery period and the Order price are indicated by the Seller upon confirmation of the Order by the Seller.

6.27. The User shall pay for the Services in the order envisaged in the Terms and Conditions (Clauses 6.20-6.23 of the Agreement).

7. Copyright Holder's Obligations

7.1. The Copyright Holder undertakes to:

7.1.1. Provide the User with the opportunity to participate in (install) the Service and use the Service resources on the terms, set forth in this Agreement, provided that the User observes the Agreement and the Key Documents.

7.1.2. Provide the User with the opportunity to receive (download) the Client part of the Application.

7.1.3. Notify the User about changes in the terms and conditions of this Agreement in accordance with Clause 14.2.

8. Copyright Holder's Rights

8.1. The Copyright Holder has the right to:

8.1.1. At any time, unilaterally restrict, expand, supplement, modify and otherwise change the Service, including any elements and parts, without prior notice to the User, including by changing the Key Documents. Modification of the Application resources and their elements may be performed through updates by standard means or by creating and installing new parts of the software (patches). Their goal may be, for instance, improving or changing the process of using the Application or adding new features to the Application, which may lead to the removal or suspension of access to certain elements of the Application. The User understands and hereby acknowledges that these actions are an integral part of the process of creating and operating the Application and the operation of the Application resources; the User also gives consent to the performance of such actions by the Copyright Holder without prior notice to the User.

8.1.2. Manage the Resources and processes of the Application, the technical and other characteristics of its elements and Additional Features exclusively at his/her own discretion; suspend or modify the process of using the Application without prior notice to the User.

8.1.3. At any time, modify or delete any information posted by the User in the Application, including statements and announcements of the User in chats or in the Forum.

8.1.4. In accordance with this Agreement, limit or terminate the User's access to the Service, including the Account in particular if the User violates the terms and conditions of the Agreement or the Key Documents. When this right is exercised, the Copyright Holder is not obliged to provide the User or other persons with evidence that the User violates the terms of the Agreement, as a result of which the access will be terminated or restricted to the User.

8.1.5. Comment, warn, notify, inform the Users about non-compliance with the terms of the Agreement or the Key Documents. The User is obliged to follow the instructions of the Copyright Holder, received during the use of the Application and its resources immediately.

8.1.6. At any time, completely discontinue the provision of access to the Service or the Additional Features of the Application, subject to the provisions of this Agreement.

9. Special Aspects of the Application Resources Use

9.1. Legal capability. The User hereby confirms that he/she has sufficient legal capability to conclude this Agreement. If the User has not reached the legal age (age of 18) or is fully or partially incapable according to the law, the User confirms that he/she has received permission from his/her parents or legal representatives to conclude this Agreement in the form established by law.

9.2. Absence of medical contraindications. The User agrees that the Internet resources of the Service and the Application, its resources and/or their elements may contain sound and video effects that, under certain circumstances, may cause exacerbation of epileptic and other neurological disorders in persons prone to them, and confirms that they do not suffer the specified disorders, and otherwise will not use the Service.

9.3. Service usage reasonableness. The user understands and agrees that regular long-term presence at a personal computer or other technical device (including, but not limited to, a phone, tablet, watch, TV media box), which is a source of electromagnetic waves, may cause various health problems, and possibly be incompatible with cardiac pacemakers, hearing aids and other similar equipment. The User guarantees to use the Service exclusively for a reasonable time period and breaks for rest and prevention of health disorders.

9.4. Third party materials use. The Internet resources of the Service, the Application and its resources may contain links to Internet sites, programs, photo, video, audio, graphic and text materials belonging to third parties. The User understands and hereby agrees that posting of links to websites or third parties' materials on the Service does not mean that the Copyright Holder supports, approves or recommends these sites or materials. The User uses websites, software and materials of third parties solely at his own risk, including while using the Application.

9.5. Legal limitations. The User is not entitled to use the Service if the legislation of the User's location territory prohibits participation in such Services or establishes other, including age, restrictions on the use of such Services. In this case, the User is responsible for the Application use.

9.6. Materials of the User. The User understands and agrees that he/she is solely responsible for any materials or other information that he/she posts in the Application or otherwise communicates to other Users or brings to the public.

10. Limitation of Liability

10.1. Disclaimer of liability for the User or third-party actions.

The Copyright Holder is not liable for:

10.1.1. Illegal and other actions of the User or third parties preventing the use of the Service by other users.

10.1.2. The behavior and statements of the User on the Service, including disrespectful attitude to other users.

10.1.3. The User's loss of access to the Account created by him/her, including loss of login, password or other necessary information.

10.1.4. Incomplete, inaccurate or incorrect indication by the User of the data when creating the Account.

10.1.5. The User's lack of access to the Internet and the quality of Internet service providers.

10.1.6. Third-party materials posted in the Application or on third-party websites accessible via links from the Application.

10.1.7. Illegal and other actions of the User or third parties involving the use of the Application and/or appliances controlled through it if such actions result in violation of the rights and legitimate interests of third parties.

10.1.8. Serving options are given in the appendix as illustrative examples to the recipes. Dishes cooked with your appliances may differ from the picture.

10.2. Lack of warranties. The User understands and agrees that the Copyright Holder provides the Application on "as is" basis and does not provide warranties with respect to the Application, except as expressly provided in this Agreement or applicable law. The Copyright Holder does not guarantee that:

10.2.1. The Application will meet the subjective requirements and expectations of the User.

10.2.2. The processes in the Application will proceed continuously, quickly, reliably, without technical failures and errors.

10.2.3. The results which can be obtained using the Application will be error-free and correct.

10.2.4. The quality of the Application, its Additional Features, as well as the information obtained during its use will meet the User's expectations.

10.2.5. The Application will be available for use 24 hours a day, at a certain time or for a certain period.

10.3. Limitation of liability. The Copyright Holder is not liable for direct or indirect damage, as well as the lost profit of the User or third parties as a result of:

10.3.1. Use or inability to use the Application.

10.3.2. Statements or behavior of third parties in the Application and/or on its resources. Under any circumstances, the liability of the Copyright Holder to the User is limited to the amount of payments received by the Copyright Holder from the User until the circumstances leading to the occurrence of the Copyright Holder's liability arise.

10.4. Force majeure and actions of third parties. The Parties are exempted from liability for full or partial non-compliance with the obligations under this Agreement if such failure is a result of force majeure, including riots, prohibitive acts of authorities, natural disasters, fires, accidents, telecommunication and electrical network failures, malware actions as well as fraudulent actions of third parties aimed at obtaining unauthorized access or disabling the software or hardware complex.

11. User Obligations

11.1. The User shall:

11.1.1. Observe the terms of this Agreement and the Key Documents. In case of disagreement of the User with the current Agreement the User is obliged to stop using the Application, including uninstalling its Client part.

11.1.2. Specify the relevant facts and exact information when creating an Account.

11.1.3. Avoid violation of the Copyright Holder's rights with respect to the Service. This includes the fact that the User is not allowed to copy, broadcast, send out, publish and otherwise distribute and reproduce text, graphic, audio or video materials as part of the Service without the written consent of the Copyright Holder.

11.1.4. Take independent measures to ensure the security of the Account and to prevent its unauthorized use by third parties. The User undertakes not to disclose or transfer to third parties his/her identification data with the help of which the authorization (authentication) of the User is possible. In exceptional cases, the User has the right to provide such data to the User Support Centre of the Copyright Holder to find out the reasons of the problems, check (test) the Application functioning or fix the shortcomings in its operation.

11.1.5. Follow the instructions of the Copyright Holder received individually or generally in the Application, the User Support Centre and by other means. The Copyright Holder has the right to suspend, restrict or terminate the User's access to the Application, the Account and/or the Additional Features in case of non-compliance with such instructions.

11.1.6. Provide or confirm information necessary to fulfil the terms of the Agreement and comply with the law at the request of the Copyright Holder.

11.1.7. Avoid to examine the program code, decompile, disassemble, modify the Application or create derivative works based on the Application, its resources or parts thereof except with the written consent of the Copyright Holder.

11.1.8. Reimburse the Copyright Holder, other users and other third parties any losses incurred in connection with the User's actions, including violation of this Agreement, intellectual property rights and other rights.

11.1.9. Immediately inform the Copyright Holder about any facts of unauthorized use of the Account, hacking and committing other similar actions.

11.1.10. Observe other requirements and obligations provided in this Agreement and the Key Documents.

11.2. Beta-testing. If the User participates in beta testing of the Application, the User acquires the status of a beta tester. Beta testing is conducted solely for the purpose of evaluating the capabilities of the Application and detecting errors. At the same time, during the beta testing, the User is not granted the rights and benefits specified in the Agreement. The Copyright Holder is not responsible for events occurring during the beta testing process. The User acknowledges and understands that he/she is participating in beta testing at his/her own risk and that the Application may contain errors. Any elements in the Application and Additional Features may be removed from the Accounts at any time or after the end of the beta testing, except as specified in the open beta. The Copyright Holder is not responsible for ensuring continuous access to the Application. Any information received by the User during the beta testing is confidential and is not subject to disclosure. To take part in the beta testing you need to go through the authorization process and participate personally. The access to the beta testing may be terminated or restricted at any time for non-compliance with the provisions of the User Agreement, Key Documents and other rules of the Copyright Holder. Limitations for actions performed during the beta testing can be transferred to the main Account.

12. Intellectual Property Rights

12.1. Exclusive right in respect of the Service resources.

The exclusive right of the source and object code, user interface, graphic images, photos, animations, video images, video clips, sound recordings, sound effects, music, text content and content of the Service, as well as any other elements of the Service and its resources which contain intellectual property objects, belongs to their rightful owners. The User agrees that any element of the Application, including Additional Features is an integral part of the Application as a computer program and is protected by law. Although the User is granted access to the Application and its resources the implementation of the process of the Application use cannot be regarded as the transfer or assignment of an exclusive right in respect of the Application, its resources and their parts, including the Additional Features from the Copyright Holder to the User. The User also understands and agrees that all exclusive rights to a localized (translated into the appropriate language) version of the Application belong to the rightful copyright holders.

12.2. Exclusive right of the User.

The copyrights to materials, patents, secrets of know-how, posted on the resources of the Application by the User, belong to the User who designed them or other legal owners (hereinafter referred to as the "Materials").

12.3. License for the Materials. The rights to perpetual gratuitous use of the Materials that are objects of intellectual property shall be transferred to the Copyright Holder in the form of a non-exclusive license in the territory of all countries of the world from the moment of posting (publication) by the User of these Materials on the resources of the Application without a counter obligation to pay copyright or other remuneration and without limitation on the term, methods and territory of use. The rights to use the Materials under this paragraph include the right to use them in any way and in any country of the world, including publish, distribute, modify, adapt, otherwise process, publish, create derivative works without obligation to mention the name of the author or other counter-obligations. The User undertakes to provide legal grounds for granting the intellectual property rights to the Copyright Holder also for the Materials placed by the User on the Application resources and owned by other copyright holders. The User guarantees that he/she has obtained all the necessary rights, consents and authorities to post the materials at the respective Copyright Holders (if the User is not a Copyright Holder).

12.3.1. In case of claims, demands, orders, resolutions of the state authorities and other third parties against the Copyright Holder regarding the posting of materials (including recipes) that violate the rights of third parties, the User undertakes to settle such claims, demands, etc. independently and at his own expense, as well as to compensate the Copyright Holder for possible property losses and other documented losses incurred by the Copyright Holder in full.

12.3.2. In case if the Copyright Holder settles such claims, demands, etc. independently and at its own expense, the User undertakes to reimburse the Copyright Holder for the documented costs associated with the settlement of claims, demands, etc., within five (5) working days from the date of receipt of the written request.

12.4. Limitations.

It is strictly forbidden to use any intellectual property objects or their parts placed on the resources of the Application without the prior written permission of the Copyright Holder, except for the cases specified in this Agreement.

13. Validity, Modification and Termination of the Agreement

13.1. Validity of the Agreement.

This Agreement shall enter into force upon the acceptance of its terms by the User and shall remain in effect for a period of twelve (12) months. The validity of this Agreement is automatically extended for the next six (6) months if it was not terminated at the initiative of one of the Parties by sending a written notice to the other Party at least thirty (30) calendar days prior to the expiration of the Agreement. In the event of termination of the Agreement in the specified order the Copyright Holder shall not refund any monetary funds and shall not make any other refunds, including damages of any kind.

13.2. Modification of the Agreement.

The Copyright Holder may modify this Agreement unilaterally. A notice of an amendment to the Agreement is published on the website of the Application and/or sent to the User for review to the User's e-mail address specified by him/her when creating the Account and/or through notification of the User in the Application, at least ten (10) calendar days prior to the changes enter into force. The use of the Application or the authorization in the Application after the publication of the advertisement and/or notification of amending the Agreement in the order indicated above means the User's consent to such changes. If the User has not read and understood amendments to the Agreement, he/she is not exempted from the obligations provided for in this Agreement, taking into account the amendments made to it.

13.3. The User's disagreement with the amendments to the Agreement.

The User is not entitled to use the Application if he/she does not agree with the modifications made to the Agreement. In this case, the User has the right to terminate the Agreement unilaterally within ten (10) calendar days after posting of the publication about modifications in the Agreement on the website of the Application and/or sending notification by e-mail or via the Application. In the event of a decision to terminate the Agreement the User is obliged to send a termination notice by e-mail to the Copyright Holder. If the User has not expressed a desire to terminate this Agreement within ten (10) calendar days during the above-mentioned period, the User is deemed to have accepted the terms of this Agreement taking into account the modifications introduced therein. After receiving the termination notice from the User, the Copyright Holder suspends the User's access to the Account. At the same time the Copyright Holder shall not return any money and shall not make any other refunds, including damages of any kind.

13.4. Termination of the Agreement on the initiative of the Copyright Holder.

The Copyright Holder has the right to terminate this Agreement at any time unilaterally out of court with the termination of access and the ability to use the Application, its resources and Additional Features in the following cases:

13.4.1. If the Application is closed. In this case, the Copyright Holder is obliged to publish a corresponding notification to the User at least thirty (30) calendar days prior to the closing date. At the same time, the Copyright Holder shall not pay any compensation and shall not reimburse the User the monetary equivalent of the acquired Additional Features.

13.4.2. Even in the case of one-time violation of any kind of this Agreement or the Key Documents terms and conditions by the User, the Copyright Holder shall not reimburse the User and shall not pay for losses. Termination of the Agreement on the User initiative.

13.5. Termination of the Agreement on the initiative of the Copyright Holder.

The User has the right to terminate this Agreement unilaterally out of court without notice to the Copyright Holder and without explanation of any reason at any time by deleting the Account while maintaining the commitments and liabilities of the User that occurred prior to the deletion of the Account. In this case, all elements and Additional Features, as well as personal data associated with this Account will be deleted without the right to restore within one hundred and eighty (180) calendar days from the date of the deletion of the Account. The Copyright Holder is not obligated to pay any compensation to the User. Any content created or posted by the User on the Application resources is saved.

13.6. Changes of the Key Documents.

The User confirms that the Copyright Holder has the unconditional right to unilaterally change the terms of the Key Documents and that such changes are not the changes to this Agreement.

14. User's Personal Data

14.1. The User hereby by entering into this Agreement, gives his/her consent to the Copyright Holder and/or authorized persons to process his/her personal data with and without the use of automation means. The list of personal data which the User agrees to process includes: full name; gender, age, height, weight and other anthropometric indicators; date and place of birth; passport data; location determined using the services, including the city, street and house number; phone number (home, mobile); data of the academic certificates, qualifications, professional training, information on further training; marital status, information on the family composition; income information; information about any personal qualities that are evaluated; login and password of the Application Account; the list of appliances that the User owns; setting of appliances; statistical data on the use of the appliances; the operation start date; location-based data; the date of service maintenance of appliances owned by the User. This consent is valid from the day it has been signed prior to the date of withdrawal in writing, or before the expiration of the period specified in Clause 12.5 whichever occurs first.

14.2. The User is hereby notified that his/her Personal Data can be transferred by the Copyright Holder at the request of authorized state bodies. In all other cases, the Copyright Holder will make every effort to maintain confidentiality of the personal data provided by the User.\

15. User Technical Support

15.1. The Service involves communication with the User Technical Support service via e-mail. Address for registration and processing requests from users concerning the Service: help@redsolution.company

15.2. Technical Support working hours: daily, from 08:00 am to 10:00 pm GMT+3 (Moscow time).

16. Final Provisions

16.1. Invalidity.

If one or more of the provisions of this Agreement will be invalidated in accordance with the established procedure and with the judicial decision entered into force the remaining provisions of this Agreement shall remain in force and the Parties shall continue to fulfil their obligations in the manner most consistent with the intentions of the Parties at the time of the conclusion or modification of this Agreement.

16.2. Dispute resolution.

All disputes of the Parties with respect to this Agreement shall be resolved through correspondence and negotiations using a mandatory pre-court (claim) procedure. If the Parties are unable to reach an agreement by negotiation within thirty (30) calendar days from the receipt of a written claim by the other Party, the dispute may be referred by any interested party to the court at the place of registration of the Copyright Holder (except for the jurisdiction of the case to any other courts) according to the procedural and substantive law of the state of registration of the Copyright Holder without reference to its conflict of laws principles.