Introduction
- This User Agreement (hereinafter referred to as the "Agreement") regulates the relationship between the Owners of the Appteka.store service (hereinafter referred to as the Owners), available on the Internet at https://appteka.store/legal, as well as through the Appteka mobile application (which together and separately are hereinafter referred to as: Appteka.store or Service) and an individual Internet user (hereinafter referred to as the User) regarding the use of the Service.
- The use of the Service by the User, in addition to this Agreement, is also regulated by other special documents posted on the Service, including DMCA available at: https://appteka.store/DMCA
- This Agreement is a public offer. By obtaining actual access to the materials of the Service or by registering in it, the User is considered to have joined this Agreement.
Terms and Definitions
- “Owner’s Server” refers to a set of hardware, software, and other components that ensure the proper operation of the service on the internet under the domain name https://appteka.store, including all subdomains, through both the full website and the mobile app for the Android platform.
- “Developer” is any individual or legal entity that provides applications for distribution through the Appteka store, in accordance with a separate agreement between the service owners and the developer.
- “Applications” refer to software, as well as their text and graphical descriptions, posted by developers or other authorized users on the service through the Appteka mobile app.
- "Application screen" refers to a collection of information of the developer's application, available for download. This includes images, text describing its features, prices, and other relevant details. Additionally, there is information about the developer, user ratings and reviews of the application.
- "User" refers to any person who uses a device to access applications hosted by developers and users through the Appteka platform. A "device" refers to any technical device that can be used to access applications and other content hosted on Appteka.
- "Territory" refers to the geographical area where the Appteka store is accessible and can be used.
Registration
- User registration on the Service is voluntary and without charge. The User warrants to the Owners that he has reached the legal age to accept this User Agreement and has the necessary authority to utilize the features of the Service.
- To register, user must provide an email address on the authorization form displayed on the registration page of the Appteka mobile app. He must then enter a one-time verification code sent to his email address in the registration form. Following registration, during profile creation, user agree to provide accurate and complete information regarding themselves on the matters requested in the profile and to maintain this information up-to-date.
- Upon completion of the registration process, user will use the e-mail address he has provided and a one-time password sent to that email to access his personalized part of the service. User is responsible for the security of his email address and password, as well as any actions taken using the service under his email address. User must immediately notify the administration if there is any unauthorized (unauthorized by the user) access to his account using his email and password or any other security breach.
- The User has the right to use the functionality of Appteka.store without authorization, to download (install on the User’s device) Applications.
Subject and Scope of the Agreement
- In accordance with this Agreement, the Owners, through the Appteka.store service, provide the technical ability for Users to obtain public access to Applications posted by Developers through Appteka.store.
- This Agreement applies to both Applications provided to Users free of charge and Applications provided for a fee at the discretion of the Developer. The Developer is responsible for processing payments, organizing the process of accepting/returning payments, any possible disputes with Users regarding access and subsequent use of Applications.
- Except as provided in this Agreement and applicable law, no content posted on the Service may be copied (reproduced), processed, distributed, published, downloaded, transferred, sold or otherwise used in whole or in part without the prior permission of the copyright holder, except in cases where the copyright holder has explicitly expressed his consent to the free use of the content by any person. Copying, collecting, storing and transferring content for the purpose of creating a database for commercial and/or non-commercial purposes and/or using the Content in whole or in any part, regardless of the method of use, without the consent of the Service Owners and/or the copyright holder is prohibited.
- Appteka.store Users do not have the right to:
- upload, transmit, publish or otherwise distribute files containing viruses, Trojans, worms or any other malicious software or programs that may disrupt the operation of Devices or computers or cause damage to the property of other Users, or otherwise disrupt the smooth operation of Appteka.store;
- upload Applications to Appteka.store without the prior permission of the copyright holder;
- use Appteka.store to distribute any unsolicited advertisements, surveys, "spam" or any other form of unauthorized communications;
- create a false account for the purpose of misleading any other person;
- violate any applicable laws or regulations, this Agreement, other special rules, terms of use of Applications;
- applications that Users access through Appteka.store are hosted and maintained by third parties (Developers) who act independently from the owners of the Appteka.store service. Users should independently familiarize themselves with the rules for the provision of services and the personal data protection policy of such third parties (Developers) before using the relevant Applications;
- the User agrees to receive technical, informational, advertising messages from the Service by e-mail (in the form of e-mails), through the internal interface of the Service (in the form of messages/notifications) and in other ways, including messages about updates to the functionality of the Service and about taking surveys;
- he User has the right to refuse from receiving of advertising messages by e-mail (in the form of e-mails) at any time without giving a reason;
- rules for leaving reviews about Applications: Users authorized on the Service have the right to leave reviews on the Service regarding Applications installed on their Device;
- the User has the right to view, change (edit) their reviews and delete them in the Profile section "My reviews";
- by posting reviews on the Service, the User automatically, free of charge, unconditionally and irrevocably grants the Owners of the Appteka.store service a non-exclusive right to use such information throughout the world without time limitation, at the discretion of the Owners of the Appteka.store service, including, but not limited to, reproduction, copying, systematization, transformation, modification, editing, publication, distribution by any legal means. The Company has the right to use the relevant information both with and without the author's name. The Owners of the service have the right to transfer the rights specified in this paragraph to affiliated persons and other third parties;
- the User is responsible for the accuracy of the information contained in the information left by him;
- the Owners of the Appteka.store service have the right not to publish the User's information if it:
- does not relate to the Application, regardless of whether it was used (downloaded) by the User or not;
- does not contain information that would be useful to other users of the Service;
- contains obscene language, offensive statements, statements that defame the honor, dignity and/or business reputation of the Developers or third parties;
- contains links to other websites or materials that violate the rights of third parties, including rights to intellectual property and means of individualization;
- the owners of the Appteka.store service have the right to delete the User's published information at any time. The owners of the Appteka.store service have the right not to inform the User about the reason for refusing to publish the User's information and/or the reason for deleting the User's information;
- user has the right to rate Applications on the Service on a five-point scale. Information about the Application rating is available on the Application page;
- actions by User aimed at inflating the ratings of Applications (actions by the same User through different accounts, etc.) are prohibited. The Owners of the Appteka.store service reserve the right to delete ratings and lower inflated ratings of User, as well as block accounts;
- in relation to the Application not installed on the User's Device, the User does not have the opportunity to leave reviews.
- The functionality of the Service provides the ability for the User to send a complaint to the Owners of the Appteka.store service regarding the Developer's Applications. Sending a complaint is carried out by contacting the support service through the internal interface of the Service's mobile application by clicking the "Complain about the Application" button on the screen of the corresponding Application.
Intellectual property rights
- The rights to the intellectual property contained in the materials posted on the service are owned by the administration of the Service, by developers or individuals who have provided and/or posted them. Users do not have the right to copy, reproduce, distribute, or otherwise use any text, graphics, audio, or video materials from the service for commercial purposes without obtaining a written agreement from the administration or the appropriate copyright owner.
- By posting applications and other content on this site, users must comply with both Russian and international laws on intellectual property, specifically the World Intellectual Property Convention and Part 4 of the Civil Code of the Russian Federation, be the legal owner of these works, have permission from legal owners to post them on the Service or if the author of the Application has granted the right to use it to anyone.
- For any possible copyright infringement, the user is solely responsible to third parties. The service owners' functions include only providing the technical capabilities to make applications and other content available online (on the internet).
- When uploading applications to the service, the user does not transfer any copyright to these works to the Owners of the Service or to third parties. All copyright remains with the respective copyright holders.
- If a copyright holder (owner of the source code from which the material was copied) finds a copyright infringement, in order to remove a copy from Appteka.store, they must send a request via the email address: support@appteka.store.
Limitation of Liability
- The Owners shall not be liable to the users in connection with any losses or damages arising from the use of the Applications or the Service, under any circumstances, including but not limited to breach of contract, breach of warranty, negligence, or any other cause of action. The Users shall be fully responsible for any losses and damages that may arise from their use of the Services, even if they was not aware of the possibility of damages in advance.
- Unless otherwise expressly provided in a specific written agreement governing the use of the Application, Appteka.store is provided "as is". As a result, users agree that the platform may not meet their personal preferences. The Owners make every effort to ensure continuous operation of Appteka.store; however, users should be aware that the service may contain errors and may experience interruptions due to technical issues or routine maintenance.
In the event that the Company suspends or terminates the operation of any part of the service for all or some users, users acknowledge that this is within the Company's rights. Users are responsible for the accuracy, relevancy, legality, and reliability of any information, data, materials, or content posted on Appteka.store either by themselves or developers.
Furthermore, the owners of the platform do not guarantee the performance of users' personal computers or devices sufficient for use of Appteka.store.
- In order to avoid any potential issues, the user is advised to use licensed software, including anti-virus software, to ensure the security and integrity of their data.
Conditions of responsibility
- The owners of the Appteka.store service and Users (hereinafter referred to as "Parties") shall be liable for non-performance or improper performance of obligations in accordance with applicable laws.
- In case of violation of any terms and conditions set forth in this agreement, the Owners of Appteka.store have the right, at their sole discretion, to impose one or more of the following measures against the user:
- issue a warning to the User regarding the need to rectify the violation within a specified period;
- partially or fully block access to relevant applications, and in case the violation is not rectified within the prescribed time, permanently terminate technical access to specified applications through Appteka.store without any compensation for losses incurred, including lost revenue;
- delete the Application Uploaded by the User.
Changes and additions to this Agreement
- Unless otherwise provided by applicable law, this Agreement may be amended by the Owners of the Appteka.store service by posting a new version of the Agreement at: https://appteka.store/legal. Changes to the Agreement made by the Owners of the Appteka.store service shall enter into force on the day following the day of publication of the new version of the Agreement on the Site. Continued use of the Service after changes have been made to the Agreement shall mean the User's acceptance and consent to such changes.
- The User has the right to refuse to accept the changes and additions made by the Owners of the Appteka.store service to this Agreement, which shall mean the User's refusal to use the Service under the terms of this Agreement and all previously granted rights.
- Unless otherwise provided by applicable law, the Owners of the Appteka.store service have the right to refuse to execute this Agreement in whole or in part without prior notice in the event of a breach by the User of any guarantee provided by him under this Agreement, and also have the right to suspend access to the placement of Applications until the dispute is resolved.
- The invalidity of any provision of this Agreement does not entail the invalidity of other provisions of this Agreement as a whole.
Other provisions
- Disputes between the parties to this Agreement, as well as between the parties and third parties in connection with the conclusion, execution and termination of this Agreement are subject to judicial review in accordance with applicable applicable law. Compliance with the pre-trial claim procedure is mandatory. Claims are sent under the signature of authorized representatives of the parties and must be reviewed by the party that received the claim within 30 (thirty) calendar days from the date of its receipt.
Edition of October 27, 2024