TERMS AND CONDITIONS AGREEMENT

Right Holder's address and other details:
Eventicious LLC
Ul. Avrory 110/1, Suite 218
Samara, 443069, Russian Federation
OGRN: 1146311003090
INN: 6311151902
Contact email address: support@eventicious.com

"Eventicious" Limited Liability Company (hereinafter referred to as the "Right holder") and users of the Internet or the information system — natural persons who, of their own free will and volition, have entered into the present Terms and Conditions Agreement (hereinafter referred to as the Agreement) by downloading, installing and using the Mobile Application (as this term is defined below) (hereinafter referred to as Users) have hereby agreed as follows:

  1. DEFINITIONS AND INTERPRETATIONS
    CONTENT means text or images created by the Licensee and/or the User with the purpose of displaying them in the Mobile Application; these can be (a) created by the Licensee themselves with the purpose of building their own version of the Content based on existing versions of the Mobile app by means of uploading text, images, or other necessary data; (b) data entered into the Mobile application by the Right Holder at the Licensee's request; (c) data entered by the Licensee and/or the User on their own. Text and images, as well as trademarks and branding, that are an intrinsic part of the Mobile Application and are owned by the Right Holder do not constitute Content.
    RIGHT HOLDER means "Eventicious" Limited Liability Company that owns the rights to the website https://eventicious.com, to the Mobile Application, and to the software associated with them.
    LICENSEE means a natural or legal person who has entered into a license agreement with the Right Holder for the use of the software owned by the Right Holder, including the Mobile Application, with the purpose of publishing Content in the Mobile Application with the intent to deliver (display) it to End Users.
    END USER or USER is a legally competent natural person 18 years of age or older, a user of the Internet and information systems, who installs and uses the Mobile Application on end user devices as pursuant to the present Agreement.
    MOBILE APPLICATION means computer software exclusively owned by the Right Holder and provided to the Licensee and End Users for their use; the software can be deployed to Apple Store, Google Play, or a company network to be accessed via a link.
    EVENT means the event organized by the Licensee or their representative for which the Mobile Application will be used.
    PARTIES means the Right Holder and the User under the present Agreement.

    Any terms and interpretations found in the text of the present Agreement and not defined in the above section shall be interpreted by the Parties in accordance with the current legislation of the Russian Federation.

  2. GENERAL PROVISIONS
    1. The present Agreement defines terms and conditions for using the Mobile Application by End Users.
      1. The Mobile Application is intended for providing and obtaining information that pertains to Events, including (but not limited to) conferences, seminars, master classes, training programs, galas, film screenings, festivals, concerts, and other events organized by third parties and the Licensee themselves.
      2. The exclusive owner of the Mobile Application provides the Mobile Application to Licensees as a means for posting information pertaining to events, collecting user data and registering Users for Events.
      3. To download, install and log into the Mobile Application on an end user device, the following information may be required: identifier, login, number, password, Apple ID or Google account. The Right Holder shall not be responsible for any losses resulting from unauthorized use of access credentials.
    2. By installing the Mobile Application or by using it in any way, the User fully accepts all terms of the present Terms and Conditions Agreement.
    3. The present Terms and Conditions Agreement entitles the User to use the Mobile Application and all functionality that comes with it within the framework of license agreement between the Licensee and the Right Holder.
    4. Users are solely responsible for protecting their access credentials and other sensitive information, in particular, as listed in clause 2.1.3.
    5. The Licensee and the Right Holder have the right to choose at their own discretion the means of user authentication to be used in the Mobile Application.
    6. Unless otherwise agreed by the Parties in writing, the Right Holder shall not act as Event organizer or seller of any goods or services.
    7. All obligations resulting from organizing Events, buying or selling any goods or providing any services related to the event, shall occur between the User and the Licensee or their representatives. The Right Holder shall not be responsible for the validity and fulfillment of such obligations.
    8. The Mobile Application may not be used in any other way except in accordance with the terms of the present Agreement.
    9. Users who do not fully accept the terms of the present Terms and Conditions Agreement and Privacy Policy must abstain from using the Mobile Application for any purpose. The Mobile Application must not be used in any way that violates the terms of the Terms and Conditions Agreement and Privacy Policy, and any unauthorized use will be persecuted in accordance with the current legislation of the Russian Federation.
    10. The Mobile Application is provided to Users free of charge for their personal non-commercial use that falls under the terms of the present Agreement. Any other uses of the Mobile Application on terms not included in the present Agreement shall be possible only by entering into a separate written agreement with the Right Holder.
    11. By accepting the terms of the present Agreement, the User agrees that the Right Holder, at their own discretion, can transfer their rights and obligations under this Agreement to any third party. By accepting this clause, the User agrees that their debt can be transferred to a third party in accordance with Article 391(1) of the Civil Code of the Russian Federation. Users may not transfer their contractual obligations to any third parties
    12. User information is stored and processed by the Right Holder and/or by the Licensee in accordance with the Privacy Policy published in each case on the Right Holder's website or in the Mobile Application.
  3. RIGHTS AND OBLIGATIONS OF THE PARTIES

      Right Holder's rights and obligations

    1. The Right Holder shall have the right to block access to the Mobile Application to the User if it has been proven that any actions or failure to act on the part of the User violated the terms of the present Agreement, Privacy Policy, or any other agreements that exist between the Parties.
    2. The Right Holder and/or Licensee shall have the right to make changes to any part of the Mobile Application software, suspend the work of the Mobile Application in the event that any serious defects, errors or failures are found, as well as for maintenance purposes and for preventing unauthorized access.
    3. The Right Holder has the right to send informational and promotional messages to the User and to other persons, in accordance with Article 18(1) of the Federal Law "On advertising" (No38-FZ dated 03.13.2006) using their email address, mobile phone number, or functionality built into the Mobile Application. By using the Mobile Application, the User gives their informed consent to receive such information and also guarantees that the persons whose information the User has entered into the Mobile Application have also given the same consent.
    4. Any data pertaining to the User and other individuals whose information the User entered into the Mobile Application may be used by the Right Holder for marketing purposes, unless it violates the terms of the Privacy Policy.
    5. The Right Holder may refuse to publish Content provided by the Licensee and/or User if that Content violates the Right Holder's policies, is against the current legislation of the Russian Federation, or insults human dignity and decency of any third parties. The Right Holder shall not moderate Content that belongs to the Licensee and/or User and shall have the right to block or remove Content if any violations are found, and to block or delete accounts of Users that are found in violation of the current legislation, other persons' rights, or the Right Holder's rules and policies.

      6. User's rights and obligations

    6. The User shall undertake to review the up-to-date version of the present Agreement each time they open the Mobile Application during the time they are using the Mobile Application. The Right Holder shall have the right, but is not required, to notify users when any terms of the Agreement have been updated or modified.
    7. When using the Mobile Application, the User shall undertake to provide accurate and complete personal information that is required for authentication purposes.
    8. The User shall be responsible for compliance with the legislation of the Russian Federation, including liability to third parties, in regards to the Content published in the Mobile Application. Under no circumstances shall the Content submitted by the User violate any third party rights, be against the law, or insult human dignity. Any risks associated with the published Content are the User's sole responsibility, and the User shall be expected to exercise reasonable caution when publishing any Content.
    9. The User agrees that, due to technical limitations of the Mobile Application, some external attributes of the Content may need to be changed, but its inherent attributes shall remain intact.
    10. By using the Mobile application, the User acknowledges and agrees that the structure of the Mobile Application is protected by copyright, trademarks and other intellectual property legislation currently in place in Russia and other countries, that these rights are valid and protected regardless of the form, media or technology being used, already existing or yet to be implemented. No rights to any contents of the Mobile Application, including (but not limited to) the Content, logos, and other signage shall be transferred to the User as a result of their use of the Mobile application.

      11. Users' right to complain and complaint handling procedures

    11. If the User becomes aware or has reasonable grounds to believe that some part of the Mobile Application Content violates the User's intellectual property rights, or violates third party rights, or contains other violations, the User shall have the right to submit an official complaint to the Right Holder at their email address support@eventicious.com providing the following information:
      • what rights and/or interests of the User have been violated by the Content that User considers illegal, and what evidence can confirm that the rights in question are owned by the User;
      • the type of Content that violates the User's rights;
      • what informational or promotional messages violate the User's rights;
      • the name of the specific object that violates the User's rights;
      • the specific screen or page in the Mobile Application where the offending Content was found;
      • the time when the offending Content was found.
    12. The Right Holder shall undertake to review the complaint received at the Right Holder's email address specified in clause 3.11. Based on this review, the Right Holder shall either satisfy the complaint and remove the offending Content or stop sending informational or promotional messages that violate the User's rights, or reject the complaint as ungrounded and inform the User hereof.
    13. The User shall have the right to appeal the Right Holder's decision on each complaint, as provided for by the current legislation of the Russian Federation.
  4. TERMS OF USE OF THE MOBILE APPLICATION
    1. When using the Mobile Application, the User shall be solely responsible to third parties for the Content published by the User. The User shall not be allowed to:
      1. Violate the current legislation of the Russian Federation in any way.
      2. Mislead, humiliate, threaten, or in any other way infringe on the rights and freedoms of Users or third parties.
      3. Publish or disseminate information or materials that are untrue, harmful, obscene, illegal, or can provoke conflicts between different nationalities, or publish any such Content.
      4. Publish any information that promotes or is conductive to illegal activities, contains obscene language, links to third-party resources, information that infringes intellectual property rights of Users or third parties, disseminate spam, pyramid financial schemes, recruit into pyramid schemes, or disseminate any similar unsolicited information, describe or propagate criminal activities, post instructions or manuals on committing criminal acts.
      5. Spread computer viruses, defective programs, or any other destructive or misleading items.
      6. Advertise or promote illegal activities.
      7. Publish any personal information of Users or third parties without their personal consent.
      8. Make any unauthorized access attempts.
      9. Use any devices, software or processes to interfere or attempt to interfere with the normal work of the Mobile Application or any operations performed via the Mobile Application, or with anyone else's use of the Mobile Application.
      10. Use any means of automation, programs, or algorithms to work around the system used in the Mobile application in order to obtain or try to obtain any information or materials by using any means other than those specifically provided in the Mobile Application.
      11. Use the Mobile Application to any purposes that violate the legislation of the country from which the User is accessing the Mobile application or the terms of the present Agreement.
      12. Mislead Users or third parties regarding their identity.
      13. Display commercial and political ads.
    2. In the event of any violations, the Right Holder shall have the right to delete or limit access to any information published in the Mobile Application without giving the User an advance notice or explaining the reasons.
    3. The Right Holder shall have the right to block any User from accessing the Mobile Application without giving the User an advance notice or explaining the reasons.
    4. The Licensee shall have the right to block any User from accessing the Mobile Application at any time.
  5. RESPONSIBILITIES OF THE PARTIES
    1. The Right Holder shall under no circumstances be responsible for obligations of the Licensee or any other third party in regards to reimbursing Users who have changed their mind about attending the Event, or in the case when the Event has been cancelled or moved to another date. All claims in relation to these actions and events must be submitted directly to the Licensee.
    2. All information published in the Mobile Application is provided by the Licensee or their representative. The Right Holder does not have an obligation to monitor the published information, check it for correctness, or review it for approval. The Right Holder shall not confirm or support any information that the Licensee and/or third parties publish in the Mobile Application. The User acknowledges and agrees that in the process of using the Mobile application they can come across information that they may find controversial, offensive, or indecent.
    3. The Right Holder shall not be responsible to the User for the Content, including any erroneous and/or false information about Users, Events and services, or for any damage and/or losses suffered by the User as a result of any erroneous information.
    4. The User shall have the right to use any materials obtained by using the Mobile Application, provided that they accept the associated responsibilities, including responsibility for safeguarding database rights, intellectual property ownership rights, images of individuals, and personal data. The User shall be solely responsible for any damage that may result from using these materials.
    5. Under no circumstances shall the Right Holder be responsible to User or any third parties for any damage that may result from the use of the Mobile application, Content, website, or any materials that were accessed from the Mobile Application.
    6. The Right Holder shall not be responsible for incorrect behavior of any persons who use the Mobile Application, but if any violations are discovered, The Right Holder shall undertake to respond in a timely manner.
    7. The Right Holder shall not guarantee that:
      1. the Mobile Application will fully meet the User's requirements;
      2. any results that may be obtained through the Mobile Application will be correct and reliable;
      3. the quality of products, services, or information obtained through the Mobile application will match the User's expectations;
      4. the Mobile Application will run without any interruptions, quickly and without errors, and will match the User's expectations;
      5. any errors found in the Mobile Application will be corrected immediately.
    8. The Mobile Application or some of its functionality may occasionally be partially or fully unavailable due to maintenance work or any other technical work that may be required for the Mobile Application to function properly. Should that happen, the Right Holder shall not be required to notify users and shall not be held responsible for their failure to receive information.
    9. The Right Holder shall not be held responsible for any failures to comply with the terms and conditions of organizing Events or providing services, since these terms and conditions are the sole responsibility of the Licensee (or third parties).
    10. The Mobile Application is provided "AS IS", to be used at the User's discretion. The Right Holder does not guarantee that the User will gain any advantage as a result of using the Mobile Application.
    11. The Right Holder shall reimburse the User and/or any third party for any documented damages only in the case that the Right Holder's responsibility has been established. The amount of the compensation cannot exceed 5,000 (five thousand) rubles, in accordance with Clause 1 Article 15 of the Civil Code of the Russian Federation.
    12. Under the present Agreement, considering that the User is provided with access to the Mobile Application on a free-of-charge basis, the terms of Consumer Protection Law shall not apply to the Agreement between the User and the Right Holder, in accordance with the current legislation of the Russian Federation. The User must submit any claims or disputes to the Licensee and/or the Event organizer.
    13. By entering their personal information into the Mobile Application during signup, or by using the created account that contains the User's personal information, the User acknowledges and agrees to their personal data being processed in accordance with Privacy Policy published on the website https://eventicious.com/privacy#en and with the current legislation on personal data.
  6. DISPUTE RESOLUTION
    1. Any disputes between the Parties in connection with the present Agreement shall be resolved by arbitration in accordance with the current legislation of the Russian Federation.
    2. The Parties shall seek to resolve through negotiations any dispute, controversy, claim or disagreement that may arise in connection with the execution, termination or invalidation of the present Agreement,. The claimant party shall notify the other party in writing about the essence of their claim and/or dispute.
    3. The written notice of claim referenced in clause 6.2 of the present Agreement must be sent by email to the electronic address support@eventicious.com, with a hard copy sent by registered mail with delivery confirmation. The claim notice must include a description of the claim and any evidence in support of the claim, as well as the User's contact information.
    4. Pursuant to the legislation of the Russian Federation, within 30 (thirty) days from receiving the notice of claim referenced in clause 6.2 of the present Agreement, the respondent Party must respond to it in writing, provided that the claim complies with the terms of clause 6.3 of the present Agreement.
    5. If the claimant Party has not received any response to the notice of claim within the stated period, or if the Parties fail to reach an agreement on the claim/dispute, the latter shall be submitted to a court of law at the location of the Right Holder's registered office.
  7. COMMENCEMENT, DURATION AND TERMINATION OF AGREEMENT. CHANGES TO AGREEMENT
    1. The present text of the published Agreement includes all essential terms of agreement between the User and the Right Holder.
    2. The present Agreement may be terminated by either party at any time. To terminate the Agreement, the Right Holder shall publish an Agreement Termination notice in the Mobile application and/or send the corresponding notification to the User, and/or block access to the Mobile Application, pursuant to clauses 3.1., 4.2. - 4.4. The Agreement shall be deemed terminated from the moment the User is blocked from the application or the corresponding notification is posted/sent. The User can terminate the Agreement by sending an email notification to the Right Holder's electronic address support@eventicious.com or by deleting their account in the Mobile application.
    3. The Parties agree that the present Agreement can be unilaterally amended by the Right Holder by publishing a new text of the Agreement.
    4. By continuing to use the Mobile application, the User confirms that they accept the changes made to the terms of the present Agreement. If the User does not accept the amended version of the Agreement, the User must stop using the Mobile application.
  8. OTHER PROVISIONS
    1. Relations between the Parties under the present Agreement may not be interpreted as principal-agent relations, or private employment relations, or in any other way. These relations are strictly defined only by the terms of the present Agreement.
    2. If one or several clauses of the present Agreement are invalidated, this shall not result in invalidation of other clauses or the entire Agreement.
    3. A failure on the part of the Right Holder to take action when a violation of any kind has been confirmed, including violations committed by Users, shall not automatically mean that the Right Holder waives their rights. The Right Holder shall be allowed to take necessary measures at a later time.
    4. The present Agreement is drawn in English and comes into force on the date when the Right Holder officially publishes it in the Mobile application and/or on the website https://eventicious.com/privacy#en.