DealogX Terms and Conditions of Use
Before using any of our applications (hereinafter referred to as the Application), please read the terms of this User Agreement (hereinafter referred to as the Agreement).
By downloading or installing the Application on your device, you agree that you fully and unconditionally accept the terms of this Agreement. If you do not agree to the terms of this Agreement in full, you are not allowed to use the Application for any purpose. For the avoidance of doubt, in the event that you have downloaded the Application, but in the future waive the terms of this Agreement, you must immediately delete the Application downloaded to your device (cancellation of this Agreement is possible only by deleting the Application from your device).
The Application is a tool for instant exchange of messages, files and other information in a mode protected by special encryption protocols, does not store user messages on its own servers, and the developer and administrator of the Application do not have the technical ability to transfer the content of your messages to any third parties. Individuals – users of the Application – at their own discretion have the opportunity to manage the distribution of information stored in the Applications downloaded to their mobile devices.
1. General terms
1.1. This Agreement regulates the relationship between the developer of the Application (hereinafter referred to as the Developer) and the Individual who duly joined this Agreement (hereinafter referred to as the User) to obtain the right to use the mobile application (hereinafter referred to as the Application). The User of the Application is any individual who has reached the age acceptable for accepting this Agreement (13 years old), who gains access to its functionality after installation and authorization in the Application.
1.2. The Developer is “FREEDOM SPACE” LLC or its subsidiaries and / or dependent companies (hereinafter and everywhere referred to as DealogX or we / us / our).
1.3. The Application is a set of information (program) integrated into the software shell, intended for installation (download) on the User's device, which gives the User the opportunity to take advantage of all the benefits of the company's service provision using the device.
1.4. Authorization is the procedure for confirming permission to receive personal data, which can be carried out using a mobile phone number, e-mail, Facebook, Google, Apple ID.
1.5. This Agreement is an open and publicly available document.
1.6. Installing the Application on the User's device is acceptance and confirmation of the User's agreement with the terms of this Agreement.
1.7. By using the Application, the User automatically agrees to the terms of this Agreement.
1.8. By accepting the terms of this Agreement, the User confirms his consent to the processing of his data by the Developer, in particular personal data that the User entered in the Application, as well as to the sending of messages.
1.9. The Developer uses the User's personal information and other information provided by the User to achieve the purposes of using the Application.
1.10. The terms of this Agreement are a public offer in accordance with Art. 641 of the Civil Code of Ukraine. The Developer grants the User rights to access and use the Application under the terms of this Agreement.
1.11. This Agreement may be changed and / or supplemented by the Developer unilaterally, without any special notification. At the same time, continuing to use the Application after making changes and / or additions to this Agreement means the User's consent to such changes and / or additions.
1.12. By accepting the terms of this Agreement, the User confirms his legal and operational capacity, confirms the authenticity of his personal data and assumes full responsibility for their accuracy, completeness and authenticity.
2. Rights and obligations of the user
2.1. The User undertakes to properly comply with the terms of this Agreement.
2.2. The User has the right to use the Application only for the purpose of personal use in accordance with the terms of this Agreement.
2.3. The User undertakes not to use the Application in order to violate the rights and legitimate interests of the Developer, third parties and this Agreement.
2.4. The User undertakes to take appropriate measures to ensure the safety of his device and bears personal responsibility for access to his device by third parties.
2.5. The User is forbidden to decompile the Application independently or with the involvement of third parties, as well as reverse-engineer the Application.
2.6. The User bears personal responsibility for using the Application in any way not expressly permitted by this Agreement.
2.7. The User has no right to perform any unauthorized actions with the Application.
2.8. Before installing the Application on the device, the User must familiarize himself with all the information about the Application. Installing the Application in the device confirms the User's fulfillment of the obligation specified in this clause. In case of disagreement with the terms of this Agreement, the User must immediately stop using the Application.
2.9. The User gives consent to the Developer to process his personal data, other data that the User provides to the Developer through their actions, by placing them in the Application to achieve the purposes of the Application's functioning.
3. Rights and obligations of the developer
3.1. The Developer has the right to transfer the rights and obligations under this Agreement to third parties for the purpose of implementing this Agreement without the additional consent of the User.
3.2. The Developer has the right to send information about the functioning of the Application to the User in any way, in particular, to send advertising, informational and other messages to the e-mail address or phone number specified by the User, or to post relevant information in the Application.
3.3. The Developer has the right to block the User's access to the Application or its part in case of violations of this Agreement by the User.
3.4. The Developer has the right, taking into account clause 2.9 of this Agreement, to process the User's personal data, as well as other data provided by the User, to achieve the purposes of the Application's operation.
3.5. The Developer has the right, without prior notice, to limit, suspend or terminate the use of the Application without compensating the User for damages, in particular, if the Developer has reason to believe that the User or his affiliates (intentionally or unintentionally):
- when using the Application violate the law, the provisions of this Agreement or the rights and legitimate interests of third parties;
- use the Application in bad faith, excessively or not according to its purpose;
- harm the Application or its functionality;
- attempt to gain unauthorized access to the Application and the information contained in it;
- create a threat of technical and / or software failure of the Developer and / or third parties.
3.6. The developer has the right, without prior notice, to limit, suspend or terminate the use of the Application in the event of a corresponding decision of the state or other authorized body or in other cases provided for by the current legislation of Ukraine and international rules / laws.
4. Privacy and security
4.1. The Parties undertake to take all necessary measures regarding the security and protection of information and documents, the exchange of which is carried out in the Application or available to the Parties in connection with the use of the Application.
4.2. The User undertakes to independently take all necessary measures to preserve confidentiality, prevent unauthorized use and protect identification data from unauthorized access by third parties.
4.3. The Developer undertakes to maintain the confidentiality of the User's personal data, as well as other information about the User, which has become known to the Developer in connection with the use of the Application, except for the cases provided for by the current legislation.
5. Warranties and liability of the parties
5.1. Third parties may be involved in the execution of this Agreement. The user confirms that the specified third parties are granted the same rights as the owner of the rights to use the Application.
5.2. The User guarantees that he will not take any actions aimed only at causing harm to the Developer, rights holders or other persons.
5.3. In case of violation of the rules of use of the Application, the User's obligations and the prohibitions specified in this Agreement, the User undertakes to compensate the Developer's losses caused by such actions in full.
5.4. The User bears full personal responsibility for unauthorized access by third parties to the Application installed on the User's device, in particular to the information contained in the User's Application. The User is independently responsible to third parties for their actions when using the Application, in particular for the fact that they meet the requirements of current Ukrainian legislation and do not violate the rights and legitimate interests of third parties. The User independently and at his own expense undertakes to settle all claims of third parties related to the User's actions when using the Application.
5.5. The User bears all responsibility in case of loss, deletion, damage of the information entered by the User in the Application as a result of the User's actions / inaction.
5.6. Recognizing the international nature of the Internet, the User assumes responsibility for compliance with all local rules and laws (the User uses the Application) related to the User's actions on the network.
5.7. The User of the Application undertakes not to perform actions that may be considered as a violation of the legislation of Ukraine or the norms of international law, in particular in the field of intellectual property, copyright and / or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Application.
6. Final provisions
6.1. In the event of any disputes or disagreements related to the implementation of this Agreement, the User and the Developer will make every effort to resolve them through negotiations between them. If disputes cannot be resolved through negotiations, the disputes shall be resolved in the appropriate court of competent jurisdiction at the location of the Developer.
6.2. None of the Parties to the Agreement shall be liable for non-fulfillment or improper fulfillment of obligations under this Agreement, if proper fulfillment was impossible due to force majeure.
6.3. This Agreement enters into force for the User from the moment the Application is installed on the device and is valid indefinitely, during the entire period of use of the Application by the User. This Agreement applies to all subsequent updates / new versions of the Application. By agreeing to install an update / new version of the Application, the User also accepts the terms of this Agreement for relevant updates / new versions of the Application, if the update (installation of a new version) of the Application is not accompanied by another agreement.
6.4. If any provision of this Agreement is held invalid, the validity or enforceability of the other provisions of this Agreement shall not be affected.. The user confirms that he is familiar with all clauses of this Agreement, considers them understandable and accepts their terms.