1. Terms and definitions
1.1. The Company is a licensor and an operator that processes personal data, a limited liability company "Scientific and production enterprise RIELTA" [LLC NPP Rielta, TIN 7842181713, KPP 781301001, OGRN 1207800072040, registered address: Saint-Petersburg, Petrogradskaya nab., 34, lit. B, pom. 1-N, com. 208A].
1.2. The official website of the Company is www.rielta.com.
1.3. User is a licensee, any individual who has installed the Company's Application on the Device (including an invited user who has been granted access to the Home).
1.4. The application is a software for Devices under the name "RiDom", the exclusive right to which belongs to the Company.
1.5. Device is a mobile technical device based on the main iOS and Android operating systems (smartphone, tablet or other device) with installed Application and that has access to the Internet.
1.6. License is a simple (non-exclusive) non-transferable revocable royalty-free license to use the Company's Application.
1.7. Equipment is the equipment under the RiDom brand manufactured by the Company and purchased by the User.
1.8. Personal, user data is the information provided by the User about him/herself, his/her will and in his/her interest, including: name, mobile phone number, e-mail, of the Equipment installation site address, access to the functions of the User's Device (camera, gallery, phone book), location of the User's Device.
1.9. Account is a set of personal data received from the User through authorization in the Application in accordance with this Agreement.
1.10. House is the residential or non-residential premises in which the User installed the Equipment and connected it to his/her account.
2. Subject of the agreement
2.1. The Company grants the User the right to use the Application under the terms of the License within the limits and in the ways determined by the Agreement.
2.2. The license is granted under the following conditions:
2.2.1. The License is considered to be activated from the moment the Application starts for the first time and the User accepts the terms of the Agreement, and lasts until the moment the Application is removed from the Device.
2.2.2. The User can use the Application in the ways set forth in clause 2.2.4 of the Agreement on an unlimited number of Devices, while on one Device it is not allowed to use several versions of the Application authorized for the same User;
2.2.3. The license provides the User with the right to use the Application in the following ways: install, copy, reproduce the Application on the Device, as well as use the Application for its direct functional purpose set forth in the Agreement;
2.2.4. The User is not entitled to use the Application in the following ways: copy, modify, alienate in any possible way for a fee or free of charge, sublicense, distribute the Application in any way, except when such actions are expressly permitted by the terms of this Agreement or applicable law.
3. General provisions
3.1. The following conditions for using the Application are established for the authorized User:
3.1.1. By joining this Agreement and providing his personal data when using the Application, together with the fact of continuing to use the Application, the User expresses his unconditional consent to all the terms of this Agreement, and is obliged to comply with them.
3.1.2. In case of disagreement with the conditions set forth in the Agreement, the User is obliged to immediately stop using the Application and remove it from the Device.
3.1.2. The User has the right at any time to independently delete his Account by using the appropriate command in the Application. The account will be completely deleted from the database of the Company and the Application from that moment.
3.2. The User gives the Company permission to use, store, clarify and process personal data in an automated way, in the manner and to the extent necessary to use the functionality of the Application, in accordance with clause 3.3 of the Agreement. The processing of the User's personal data is carried out in accordance with the Federal Law of the Russian Federation of July 27, 2006 No. 152-FZ "On Personal Data".
3.3. The purpose of the User's personal data processing is to provide the opportunity to use certain functionality of the Application on which the User is authorized, the Company processes and transfers the User's personal data to the Yandex.Cloud platform for storage. The provision of individual personal data is defined and limited to the following purpose and functionality of the Application:
3.3.1. getting access to name, mobile phone number, e-mail, location of the Equipment installation site in order to synchronize user settings between the User's Devices, obtaining information about the status of the Equipment and manage it, using the function of notifications about changes in the status of the Equipment, sending advertising materials of the Company, collecting statistical and analytical data about the operation of the Equipment and the Application.
3.3.2. getting permission to work with the camera, granting access to the gallery: for uploading the Equipment data to the Application (to identify the device) using the QR codes, scanned or photographed by the User from the Equipment package or promotional materials.
3.3.3. getting access to the User's phone book on the Device: to be able to send invitations to contacts to install the Application, share a link to the Equipment and promotional materials of the Company.
3.3.4. access to geolocation services of the User's mobile technical device: to determine the location of the User's Device that initiated the alarm call and display information in the Application interface to invited users who have been granted access to the Home.
3.4. For authorization, the User has the right to provide the Application with access to the camera using the biometric functions of processing the face of his own mobile technical device, while the Company is not the processor of such personal biometric data.
3.5. The User's consent to the processing of personal data is valid for the entire period of use of the Application, as well as for 5 years from the date of termination of the use of the Application. The user has the right and opportunity to revoke this consent by sending an inquiry in writing to the Company's e-mail: email@example.com.
3.6. To use the Application, the User must connect to the Application via the Internet. The User is the only person responsible for checking and monitoring the compliance of the installed Application with the technical features / capabilities of the Device and / or other restrictions that may be applicable to the User and / or his Device, including the Internet.
3.7. The application provides the ability to use it when the Device is not connected to the Internet. In this case, the functionality of the Application is limited to the ability to view previously downloaded user data and partial local configuration of the Equipment.
3.8. The application contains materials protected by copyright, patent law, trademarks of the Company and other legally protected materials, including, but not limited to: texts, photographs, graphics. Any intellectual property rights (including but not limited to copyright, trade secrets, trademarks, patents, etc.) arising from the Application are legally owned by the Company. The Company does not violate any rights, including copyright, patent rights, know-how of third parties.
4. Responsibility of the Parties
4.1. The application is provided on the "as is" basis. This means that the Company does not provide any guarantees regarding the compliance of the Application with the specific goals and expectations of the User, and also does not provide any other guarantees not which are not specified in the Agreement. The Company is not liable to the User for damages/costs/losses/lost profits/unjust enrichment of any nature resulting from the use of the Application (including as a result of a technical failure or malfunction of the Application), even if the Company knew or should have known about the possibility of such damage, or the User has been warned of the possibility of such damage.
4.2. The Company is not responsible for the transfer of information by the User to third parties using the Application, as well as if the information from the Application became available to third parties due to their unauthorized access to the Device or the actions of virus or malicious software on the Device.
4.3. The Company takes all reasonable measures and carries out any appropriate actions aimed at ensuring the safety of the User's confidential data and ensuring the normal operation of the Application, but is not responsible for the inability to use the Application due to circumstances beyond its control.
4.4. In the event of force majeure, as well as accidents or failures in the software and hardware systems of third parties cooperating with the Company, or actions (inaction) of third parties aimed at suspending or terminating the operation of the Application, it is possible to suspend the Application without prior notice to the User.
4.5. The Agreement does not give the User any right to use intellectual property objects, including the Company's trademarks, except for the rights granted by this Agreement.
4.6. For non-fulfillment or improper fulfillment of obligations assumed by the User under the Agreement, as well as for violations of the terms of the License, the User shall be liable in accordance with the legislation of the Russian Federation.
4.7. Any violation of the terms of this Agreement by the User leads to the termination of the License.
4.8. In the case of using the Application after the termination of the License, the User is liable in accordance with the legislation of the Russian Federation.
5. Other terms
5.1. All disputes, disagreements and claims that may arise in connection with the execution, termination or invalidation of the Agreement, the User and the Company will seek to resolve through negotiations in compliance with the mandatory claim procedure. However, if the disputes that have arisen cannot be resolved through negotiations, they will be resolved in court in accordance with the legislation of the Russian Federation at the location of the Company.
5.2. In the event of termination of the Agreement or expiration of the License, the User must immediately stop any use of the Application and delete it from the Devices.
5.3. The Company reserves the right to change the terms of this Agreement and all its integral parts without the consent of the User with the notification of the latter by posting a new version of the Agreement or any of its integral parts that have undergone changes. The new version of the Agreement and / or any of its integral parts shall enter into force from the moment of its publication, unless a different date for the entry into force of the changes is determined by the Company upon its publication.