RINGL USER AGREEMENT

Effective date: December 10, 2019.

Please, read this User Agreement carefully before You create an account in RINGL Application and before You use or access RINGL Application for the first time.

This User Agreement governs the creation of Your Account in RINGL Application (as defined below), Your access and use of RINGL Application and constitutes a binding agreement between You and Us.

1. INTRODUCTION

1.1. Terms and meanings

In this User Agreement the following terms have the following meanings:

«Account» or «Your Account» means a user account created by You in RINGL Application, which enables You to access and use RINGL Application.

«Permitted Activities» means the following activities related to RINGL Application:

- downloading to communication devices;

- installation on communication devices;

- running on communication devices;

- using RINGL Application and any built-in functions accessible by RINGL Application user interface.

«Privacy Policy» means Our Privacy Policy available at https://ringl.im/privacy-policy/, which forms part of this User Agreement.

«RINGL Application» means a software application named «RINGL» operated by Us, which is designed to run on mobile devices and personal computers with the use of the Internet to enable its Users to exchange information via chat, voice and video communications.

«User» means any person who:

- has created a user account in RINGL Application, AND / OR

- accesses RINGL Application, AND / OR

- uses RINGL Application.

«Us», «We» or «Our» relates to RINGL TECHNOLOGIES LLC, a limited liability company registered in the Republic of Belarus (Payer's Identification Number 193175076) and having its registered office at office 324, level 3, 2 Tolbukhina str., the city of Minsk, 220012, the Republic of Belarus.

«User Agreement» means this User Agreement.

«You» or «Your» relates to you as the User of the Application.

«Your RINGL Application» means RINGL Application installed on Your communication device.

1.2. Subject-matter of this User Agreement

We grant You a limited, non-exclusive, personal, revocable, non-sublicensable, non-assignable and non-transferable license (right) to carry out any and all Permitted Activities related to RINGL Application on «as is» and «as available» basis providing that You comply with the terms and conditions of this User Agreement.

We reserve all Our intellectual property rights in RINGL Application. Carrying out Permitting Activities does not give You any ownership in RINGL Application or any part of it or in Our trademarks, service marks, graphics and logos used in connection with RINGL Application.

1.3. Conclusion of this User Agreement

By creating the Account, accessing or using RINGL Application, You agree to enter into this legally binding User Agreement with Us and to be bound by it.

This User Agreement between You and Us shall enter into force immediately upon:

- You have created the Account, OR

- You have accessed RINGL Application for the first time, OR

- You have used RINGL Application for the first time.

If You do not agree to enter into this User Agreement with Us and to be bound by it, please, do not create the Account, do not use and access RINGL Application.

You further acknowledge that Your failure to comply with this User Agreement may result in restriction, suspension, or termination of Your Account by Us under clause 4 herein.

1.4. Termination of this User Agreement

At any time You may withdraw from this User Agreement with Us by deleting Your Account and no longer accessing or using RINGL Application.

We may withdraw from this User Agreement with You if We terminate Your Account in accordance with clause 4 herein.

1.5. Privacy Policy

We are committed to protecting the privacy and security of all personal data We receive from Users. To learn more about this, please read Our Privacy Policy available at https://ringl.im/privacy-policy/, which is an integral part of this User Agreement.

1.6. Changes to this User Agreement

We may modify this User Agreement from time to time. When We post the updated User Agreement, We will revise the “Effective Date” at the top of the User Agreement.

If We make material changes to it, We will notify You either by prominently posting a notice of such changes before they take effect or by directly sending You a notification through Your RINGL Application. If You do not agree with any changes, You must delete Your Account and no longer access or use RINGL Application. Your continued use of RINGL Application after the changes become effective means that You are consenting to the updated terms.

This subclause does not govern the modification of Privacy Policy, which shall be modified in accordance with the terms laid down in it.

2 REQUIREMENTS

2.1. Eligibility to create the Account, to access and use RINGL Application

To be eligible to create the Account, to access and use RINGL Application, You must be:

(a) an individual, AND

(b) at least 16 years old or, if the law of Your country requires You to be older than 16 to access or use RINGL Application or enter into this User Agreement without parental consent, at least such older age, AND

(c) located or residing at a state where using RINGL Application is not contrary to local laws and other sources of law, AND

(d) located in a country that is not subject to a U.S. Government embargo, or that is not on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations, AND

(e) a person that is not listed on any U.S. Government list of prohibited or restricted parties.

2.2. Account creation

To access and use RINGL Application You need to create the Account. To create the Account You have to fill the Account registration form by entering the following:

(а) Your mobile number or e-mail;

(b) Verification code sent to Your mobile device or e-mail.

3. YOUR COMMITMENTS

3.1. You agree not to use RINGL Application to do or share anything:

- that violates this User Agreement;

- that is unlawful, misleading, discriminatory or fraudulent;

- that infringes or violates someone else's rights, including their intellectual property rights;

- that contains sensitive information of any person (i.e. information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health or data concerning a person’s sex life or sexual orientation).

3.2. You also agree:

- not to create the Account, access or use RINGL Application, if You are not eligible to do so under subclause 2.1 herein;

- not to sent spam via RINGL Application;

- not to upload / post software viruses, worms or any other harmful code or do anything that could disable, overburden, or impair the proper working of RINGL Application;

- not to reverse engineer, decompile, disassemble, decipher RINGL Application or otherwise attempt to derive the source code of RINGL Application;

- not to create derivative works of RINGL Application;

- not to overlay or otherwise modify, adapt RINGL Application or its appearance;

- not to use RINGL Application functions by any means except by RINGL Application user interface;

- not to use bots or other automated methods to access RINGL Application;

- not to engage in «framing», «mirroring» or otherwise simulating the appearance or function of RINGL Application;

- not to override any security feature or bypass or circumvent any RINGL Application access controls;

- not to imply or state that You are affiliated with or endorsed by Us without Our express written consent;

- not to distribute, rent, lease, loan, trade, transfer, offer to sell, sell/re-sell to any other party or otherwise monetize RINGL Application or related data or access to the same without Our express written consent;

- not to export or re-export RINGL Application without the appropriate United States and/or foreign government licenses;

- not to violate Our intellectual property or other rights;

- not to use RINGL Application to disclose information that You are not entitled to disclose (e.g. confidential information of others);

- not to copy RINGL Application except as necessary to use it and for backup and archive purposes in connection with such use;

- not to use RINGL Application to access to emergency services;

- not to use RINGL Application in ways that involve any non-personal use of RINGL Application.

3.3. If Your right to carry out the Permitted Activities (including the use of RINGL Application) is terminated for any reason, You shall destroy all copies of RINGL Application in Your possession.

4. RESTRICTIONS

We reserve the right:

- to limit Your Permitted Activities, including Your ability to contact other Users;

- to restrict, suspend or terminate Your Account if We believe that You may be in breach of this User Agreement or law or are misusing RINGL Application.

5. THE PERMISSIONS YOU GIVE TO US

5.1. Permission to use content You share:

You own the intellectual property rights in any content that You share through RINGL Application.

To enjoy RINGL Application You have to give Us some legal permissions to use this content.

When You share, post, or upload content that is covered by intellectual property rights through RINGL Application, You grant Us a non-exclusive, transferable, assignable, sub-licensable, royalty-free, no-charge and worldwide license to host (store) Your content, as well as to deliver it to other Users (recipients) in accordance with Your instructions. That license DOES NOT grant Us a right to access the substance of Your content.

This license will end when Your content is deleted from Our systems.

You can end this license for specific content by deleting such content from RINGL Application, or generally by deleting Your Account, except:

(a) to the extent You shared it with others through RINGL Application and they copied, re-shared it or stored it, and

(b) for the reasonable time it takes to remove it from Our systems.

5.2. Update of Your RINGL Application 

From time to time We may propose You to download and install updates of Your RINGL Application. Please, note that We may cease the operation of the non-updated versions of  Your RINGL Application, so if You do not timely update Your RINGL Application to the latest version it may stop working.

5.3. Permission to deliver to You notices and messages from Us

You agree that We will provide notices and messages to You in the following ways:

(а) through Your RINGL Application, OR

(b) by sending to the contact information You provided Us with (e.g., email, mobile number, physical address). 

5.4. Optional permissions to Your RINGL Application

You may give Your RINGL Application the following specific permissions:

- to access Your communication device camera;

- to access Your communication device microphone;

- to access media files stored on Your communication device;

- to access the contact list stored on Your communication device;

- to access push-notifications.

6. DISCLAIMER AND LIMITATION (EXCLUSION) OF LIABILITY

6.1. We DO NOT guarantee:

- that RINGL Application can be installed on Your particular communication device;

- that RINGL Application will be compatible with other software installed on Your communication device;

- that RINGL Application will be safe, secure, error-free or that it will function without disruptions, delays or imperfections;

- that You will enjoy RINGL Application by using Your particular Internet connection type.

6.2. We provide RINGL Application on an «as is » and «as available» basis only. We reserve the right to do any of the following, at any time, without notice:

- to modify, suspend or terminate operation of or access to RINGL Application or any portion thereof for any reason;

- to modify or change RINGL Application or any portion thereof;

- to interrupt the operation of RINGL Application or any portion thereof as necessary to perform routine or non-routine maintenance, error correction, or other changes.

6.3. We disclaim all warranties and representations, whether express or implied, including warranties of merchantability, fitness for a particular purpose, title, accuracy of data and non-infringement.

6.4. We are not responsible for any actions or conduct of all and any Users, as well as for any content they may share using RINGL Application (including offensive, inappropriate, obscene, unlawful and other objectionable content).

6.5. We shall not be liable to You or others for any loss of data, opportunities, reputation, profits or revenues, for any indirect, incidental, special, exemplary, consequential or punitive damages, arising out of or related to this User Agreement, creation of the Account, access to and (or) usage of RINGL Application, even if We have been told of the possibility of such damages.

In no event shall Our liability exceed, in the aggregate for all claims, EUR 50 (Fifty Euros Only), even if such remedy fails its essential purpose.

The foregoing limitations (exclusions) of liability are part of the basis of the bargain between You and Us and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law), even if the above stated remedies fail of their essential purpose.

7. GOVERNING LAW AND DISPUTE RESOLUTION

7.1. You and We agree that the laws of the Republic of Belarus, excluding conflict of laws rules, shall exclusively govern any claim and (or) dispute relating to this User Agreement and (or) creation of the Account, access to and (or) usage of RINGL Application.

7.2. You and We agree that all claims and disputes, mentioned in subclause 7.1 herein, shall be resolved exclusively in the competent court located in the city of Minsk, the Republic of Belarus.

8. MISCELLANEOUS

8.1. This User Agreement make up the entire agreement between You and Us regarding the creation of Your Account, Your access and use of RINGL Application. This User Agreement supersedes any prior agreements.

8.2. If any portion of this User Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

8.3. If We do not act to enforce a breach of this User Agreement, that does not mean that We have waived Our right to enforce this User Agreement.

8.4. You may not assign or transfer this User Agreement or any of Your rights or obligations hereunder (or Your Account) to anyone without Our written consent. However, You agree that We may assign this User Agreement or any of Our rights or obligations hereunder to any third party without Your consent.

8.5. You agree to indemnify Us and save Us harmless against any and all claims, damages, losses, liabilities (including judgments) and expenses (including all fees and charges of internal or external counsel with whom We may consult and all expenses of litigation and preparation therefor) which We may incur or which may be asserted against Us by any person, entity or governmental authority in connection with or arising out of or relating to creation of Your Account, Your access or use of RINGL Application in breach of this User Agreement.

9. APPLE DEVICE AND APPLICATION TERMS

9.1. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, in the event You are accessing RINGL Application on a device provided by Apple, Inc («Apple») or RINGL Application obtained through the Apple App Store, the following shall apply:

a) Acknowledgement: Both You and We acknowledge that this User Agreement is concluded between You and Us only, and not with Apple, and that:

- We are solely responsible for the RINGL Application and content thereof, whether express or implied by law, to the extent not effectively disclaimed herein;

- Apple is not responsible for the RINGL Application and content thereof.

We acknowledge that We have had the opportunity to review the Apple App Store Terms of Service as of the Effective Date and We confirm that this User Agreement does not provide for usage rules for RINGL Application that are in conflict with the Apple App Store Terms of Service;

b) Scope of License: The license granted to You hereunder is limited to a non-transferable license to use RINGL Application only in connection with an Apple device that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that RINGL Application may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

c) Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to RINGL Application as specified in this User Agreement or as required under applicable law. Both You and We acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to RINGL Application.

d) Warranty: We are solely responsible for any RINGL Application warranties, whether express or implied by law, to the extent not effectively disclaimed herein. In the event of any failure of RINGL Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the RINGL Application to You and to the  maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to RINGL Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Our sole responsibility.

e) Product Claims: Both You and We acknowledge that We, not Apple, are responsible for addressing any claims of You or any third party relating to RINGL Application or Your possession and/or use of RINGL Application, including, but not limited to:

- product liability claims;

- any claim that RINGL Application fails to conform to any applicable legal or regulatory requirement; and

- claims arising under consumer protection or similar legislation.

This User Agreement does not limit Our liability to You beyond what is permitted by applicable law.

f) Intellectual Property Rights: Both You and We acknowledge that, in the event of any third party claim that RINGL Application or Your possession and use of RINGL Application infringes that third party’s intellectual property rights, We, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

g) Legal Compliance: You represent and warrant that:

- You are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and

- You are not listed on any U.S. Government list of prohibited or restricted parties.

h) Our Name and Address: Your questions, complaints or claims with respect to RINGL Application should be directed to:

RINGL TECHNOLOGIES LLC

office 324, level 3, 2 Tolbukhina str., the city of Minsk, 220012, the Republic of Belarus

telephone number: +375 44 555 55 33,

e-mail: business@ringl.im

iThird Party Terms of Agreement: In Your use of RINGL Application You must comply with applicable third party terms of agreement, which may affect or be affected by such use.

j) Third Party Beneficiary: Both You and We acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this User Agreement, and that upon Your acceptance of the terms and conditions of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against You as a third party beneficiary hereof.

10. GIPHY TERMS

10.1. Giphy, Inc. («Giphy») and its licensors do not warrant RINGL Application and do not assume any liability regarding RINGL Application.

10.2. Giphy and its licensors will not be liable for any incidental, indirect, consequential, direct, compensatory or special damages.

10.3. If any support is provided to You, Giphy and its licensors do not undertake to furnish any support or information regarding RINGL Application. 

10.4. You are hereby notified that RINGL Application is NOT an official application of Giphy and is NEITHER endorsed, NOR sponsored by Giphy in any way.

11. GOOGLE TERMS

11.1. In connection with Your use of Google services via RINGL Application You AGREE NOT TO:

create any service, software, or documentation that is the same as, substantially similar to or has similar functionality as Google services;

violate, or encourage the violation of, the legal rights of others;

- defame, abuse, harass, stalk, or threaten others;

engage in, promote or encourage illegal activity;

- use Google services for any unlawful, invasive, infringing, defamatory or fraudulent purpose;

- develop, intentionally transmit or distribute viruses, worms, Trojan horses, malicious code, corrupted files, hoaxes, or other items of a destructive or deceptive nature;

interfere with the use of Google services, or the equipment used to provide Google services, by customers, authorized resellers, or other authorized users;

- disrupt, damage, or access in an unauthorized manner Google services or the servers, networks, or properties providing Google services;

disable, interfere with or circumvent any aspect of Google services;

generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations (“spam”);

use Google services, or any interfaces provided with Google services, to access any other Google product or service in a manner that violates the terms of service of such other Google product or service;

copy, adapt, combine, create a derivative work of, or otherwise modify Google services;

reverse engineer, decompile, translate, disassemble, decipher or otherwise attempt to extract or discover any or all of the source code, algorithms, or trade secrets underlying Google services;

- use Google services for activities where the use or failure of Google services could lead to death, personal injury, or environmental damage;  

- encumber, sublicense, resell, transfer, rent, lease, timeshare, distribute or use any or all of Google services in any service bureau, rental or managed services arrangement or permit other individuals or entities to create Internet «links» to Google services or «frame» or «mirror» Google services on any other server, or wireless or Internet-based device;

- process or store any data that is subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State;

- promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements;

remove or alter any proprietary notices or labels on or in any Google services;

- remove, obscure, or alter any Google terms of service or any links to or notices of those terms;

- violate applicable law, regulation, and the Terms (as defined in Google API Terms of Service available at: https://developers.google.com/terms/);

- do the following with content returned from Google APIs (as defined in Google API Terms of Service available at: https://developers.google.com/terms/): to scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header, copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party, misrepresent the source or ownership, remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material;   

- use Google services for any purpose or in any manner involving Protected Health Information (as defined in Health Insurance Portability and Accountability Act of 1996), if You are (or become) a Covered Entity or Business Associate (as defined in Health Insurance Portability and Accountability Act of 1996).