Welcome to UPGRADE VR Mobile App, operated by Mental Tech, LLC, a Russian limited liability company ("Mental Tech", "Copyright Holder", "we" or "us"). The following End-User License Agreement, together with any documents it incorporates by reference (collectively, this "Agreement"), governs your access and use of the Upgrade VR Mobile App.
The Mobile App is intended to be used along with the UPGRADE VR Platform ("Platform"). The Platform is available at https://upgrade-vr.com. The End-User License Agreement on the use of the Platform is available at https://upgrade-vr.com/en/platform-agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU START TO USE THE MOBILE APP
If you do not agree to this Agreement, then you must not use the Mobile App. If you are in the process of downloading or accessing the Mobile App, you have the right to withdraw for any reason prior to completing the download/access of the Mobile App.
Mental Tech reserves the right to modify, alter, amend, or update this Agreement at any time in its sole discretion by posting an amended version at services and platforms where you use the Mobile App. Any continued use of the Mobile App after Mental Tech posts such modifications, alterations, amendments, or updates constitutes your acceptance of such modifications, alterations, amendments, and updates.
Please, note, that the Platform and Mobile App are not directed at children. To use the Platform and Mobile App you should be at least 13 or over to do so.
If you help someone who is under 13 to use the Platform and Mobile App you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.
END-USER LICENSE AGREEMENT (EULA)
UPGRADE VR Mobile App
Effective as of : 21.03.2022
This End-User License Agreement (hereinafter referred to as the "Agreement") is an offer to enter into a license agreement granting the right to use the UPGRADE VR Mobile App on the terms and conditions, specified in the Agreement, and regulates the relations arising from the use of the Mobile App between the Limited Liability Company "Mental Tech", registration number 1197746555467, (hereinafter referred to as the "Copyright Holder") and the User, hereinafter collectively referred to as the "Parties".
- TERMS AND DEFINITIONS
User ("you") – a natural person using the Mobile App. Mobile App – the UPGRADE VR Mobile App, an auxiliary and satellite mobile application to the UPGRADE VR Platform that provides the User with the statistics, tracking, metrics, progress-bars and other functions. The exclusive rights to the Mobile App belong to the Copyright Holder in their full. Tests – Tests and challenges available on the Platform.
- GENERAL PROVISIONS
- This Agreement is an offer addressed to the public from the Copyright Holder to enter into a license agreement on granting the right to use the Mobile App on the terms specifies in the Agreement with the person who accepted the offer (article 435 of the Civil Code of the Russian Federation). The validity period of the offer is not limited.
By using the Mobile App (including browsing, downloading, accessing, installing, and using), the User is considered to have properly accepted the terms of this Agreement as an offer, in accordance with clause 3 of Article 438 and clause 3 of Article 1286 of the Civil Code of the Russian Federation.
- The terms of the Agreement can be accepted by the User only as a whole (clause 1 of Article 428 of the Civil Code of the Russian Federation).
- After acceptance by the User, the terms of this Agreement become effective as a contract concluded between the Copyright Holder and the User, and such a contract as a written document signed by both Parties is not executed. If the User does not agree with the terms of the Agreement, the User shall immediately stop using the Mobile App.
- The terms of the Agreement may be changed by the Copyright Holder unilaterally at any time without notifying the User. The new version of the Agreement comes into force from the moment of posting on the Mobile App or on the services where the Mobile App is available for use, unless the Copyright Holder explicitly states otherwise in the text of the new version of the Agreement.
- Regular familiarization with the current version of the Agreement is the responsibility of the User. Continued use of the Mobile App after posting a new version of the Agreement means that the User agrees with its new version.
- This Agreement permits you to use the Mobile App for your personal, non-commercial use only. You agree not to use the Mobile App for any commercial, business or resale purposes and we have no liability to you for any loss of profit, loss of information, loss of business, business interruption, or loss of business opportunity arising out of the use of or inability to use the Mobile App.
- RESERVATIONS REGARDING THE MOBILE APP
- The Mobile App is provided by the Copyright Holder on the "as is" basis, without warranties or any obligation to eliminate the shortcomings of the Mobile App, to provide operational support and improvement of the Mobile App.
- The Copyright Holder does not guarantee that the Mobile App meets the special requirements of Users, nor does the Copyright Holder guarantee that the Mobile App is completely free from defects and errors, and shall function smoothly and without failures. The Copyright Holder does not guarantee the availability of the Mobile App at any time. At the same time, the Copyright Holder will make efforts to prevent technical failures of the Mobile App, which may lead to a long suspension of its availability.
- The use of the Mobile App is carried out by the User solely under his own responsibility and at his own risk.
- The Copyright Holder has the right to review or supplement, change, limit, or expand the functionality of the Mobile App at any time without notifying the User.
- The Copyright Holder will take reasonable steps to ensure that the Mobile App is free from viruses and other malicious software but we also recommend you use applicable anti-virus software as relevant.
- The Copyright Holder does not guarantee that the Mobile App is compatible with all the equipment or devices used by the User in order for the Mobile App to operate properly and without failures. For the list of compatible equipment, please, see the notice on the Mobile App or services where it is available for download/access.
- All Tests available as well as their results/metrics do not serve as an alternative of health screening and examination. Tests as well as their results/metrics are created for self-evaluation and entertaining purposes. Tests cannot serve a source of information about User's health. The User shall not come to any conclusions or make any decision regarding his health based on the User's experience on the Mobile App.
The Copyright Holder does not guarantee the accuracy or fairness of the Tests and choses evaluation criteria and testing methods at his own choice.
- INTELLECTUAL PROPERTY RIGHTS
- The Copyright Holder owns the exclusive rights to the Mobile App, including the exclusive rights to any results of intellectual activity included in it, including software (source) code and other components of computer programs, databases, design works, texts, as well as means of individualization (brand names, trademarks, Mobile App marks, commercial designations).
The use of the Mobile App does not involve the transfer of rights to the Mobile App or its components. The User is granted a limited right to use the Mobile App in accordance with the terms of the Agreement. Such right may be terminated at any time in accordance with the terms of the Agreement and other agreements between the Parties.
- The Copyright Holder has the right to establish any technical restrictions on the use of the Mobile App, which from time to time will be brought to the attention of the User in a form and method chosen by the Copyright Holder.
- The right to use the Mobile App is granted by the Copyright Holder to the User free of charge under the terms of a non-exclusive license throughout the world.
- The ways of using the Mobile App by the User is limited to the use of the Mobile App for its functional purpose.
- The User shall:
- not use the Mobile App improperly and disrupt its proper functioning, that is, to interfere with the operation of the Mobile App, to attempt to gain access by bypassing the standard interface and the available instructions, and to take actions aimed at undermining network security or disrupting the operation of the software and hardware of the Mobile App;
- not use the Mobile App and its content for any purposes prohibited by the legislation of the Russian Federation, as well as not to incite any illegal activity or other activity that violates the rights of other persons;
- not use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, purchase, copy or track the content of the Mobile App;
- not attempt to circumvent the navigation structure of the Mobile App in any way to obtain or attempt to obtain any information, documents or materials by any means that are not specifically represented by the functionality of the Mobile App;
- not engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Mobile App, or which, as determined by us, may harm Mental Tech or users of the Mobile App or expose them to liability;
- not introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful, or otherwise attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Mobile App, the server on which the Mobile App is stored, or any server, computer, or database connected to the Mobile App;
- In case of repeated or gross violation of the terms of this Agreement and / or legal requirements, as well as in case of suspicion of their violation, the Copyright Holder reserves the right to terminate the access to the Mobile App, without compensation for any losses to the User.
- GEOGRAPHIC RESTRICTIONS
- The Copyright Holder is based in the Russian Federation. We make no claims that the Mobile App or any of its content is lawful, accessible, or appropriate outside of the Russian Federation. If you access the Mobile App from outside the Russian Federation, you do so on your own initiative and are responsible for compliance with local laws.
- In the event that the Copyright Holder is held liable or is subject to penalties in connection with violations of the rights and/or interests of third parties committed by the User, as well as prohibitions or restrictions established by the legislation, the User is obliged to fully compensate the losses of the Copyright Holder.
- The Copyright Holder is not responsible for the risk of adverse consequences that will occur or may occur as the result of the mismatch of the equipment, other software or communication channels.
- The Copyright Holder is not liable for the risk of adverse consequences as a result of:
- illegal actions of third parties aimed at violating information security or the normal functioning of the Mobile App;
- failures in the operation of the Mobile App caused by errors in the code, computer viruses and other extraneous fragments of code in the software of the Mobile App;
- the absence (inability to establish, terminate, etc.) of Internet connections between the User's server and the server on which the Mobile App is located;
- conduct of state and municipal bodies or their officials, as well as other authorized organizations, their activities, inspections or other actions within the scope of their powers provided for by the current legislation;
- the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and / or the establishment by these entities of one-time restrictions that make it burdensome or impossible to fulfill the agreement on the use of the Mobile App or its part;
- other cases related to the actions (inaction) of third parties aimed at worsening the general situation with the use of the Internet and / or computer equipment that existed at the time of execution of the Agreement, as well as any other actions aimed at the Mobile App and at third parties;
- User's use of any third parties' software, equipment (incl. VR headsets, lenses, controllers) and other tools;
- the User's activity, including making decisions based on the conclusions resulting while using the Mobile App.
- FINAL PROVISIONS
- The terms of this Agreement shall be governed by and interpreted in accordance with the laws of the Russian Federation. Issues not governed by this Agreement are subject to resolution in accordance with the legislation of the Russian Federation.
- All disputes, disagreements or claims arising between the Copyright Holder and the User from or in connection with this Agreement, including those relating to its entry into force, conclusion, modification, performance, violation, termination or validity, are subject to consideration in the courts of Moscow, Russia.
- Inaction on the part of the Copyright Holder in the event of the User's violation of the terms of this Agreement does not deprive the Copyright Holder of the right to take appropriate action in defense of his interests later, and also does not mean a refusal of the Copyright Holder from his rights in the event of subsequent commitment of similar violations.
- The Copyright Holder at any time at his own discretion and without prior notice to the User has the right to assign in whole or in part his rights and obligations arising from this Agreement to any third party.
- The Copyright Holder does not assume any conditions or obligations other than those set out in the Agreement, except in cases where such obligations follow from mandatory norms of the legislation of the Russian Federation.
- CONTACT DETAILS
Limited Liability Company "Mental Tech"
firstname.lastname@example.org Registration number and address 1197746555467
119071, Moscow, Ordjonikidze street, build. 10, office 3IV2P7