USER AGREEMENT
ABOUT THE GENERAL TERMS OF USE OF THE MOBILE APPLICATION
«KOOM APP»
This user agreement on the general terms of use of the Coom App mobile application (hereinafter referred to as the Agreement) sets out the terms of use of the mobile application for Devices and is subject to conclusion between the Copyright Holder and the User.
1. TERMS AND DEFINITIONS
1.1. The copyright holder is Mercy Corps International Mercy Co International (Mercico) Branch in the Kyrgyz Republic, (IIN: 41001200110080, address: Bishkek, bul. Erkindik. d. 73).
1.2. The User is an individual, citizens of the Kyrgyz Republic, a foreign citizen, a stateless person who has reached the age of majority, who has installed the Application on the device.
1.3. Application – the Mobile application "Coom App", the exclusive right to which belongs to the Copyright Holder by virtue of the fact of creation.
1.4. License – a simple (non-exclusive) revocable non-transferable royalty-free license to use the Application, including to enter information requested during registration in the Coom App mobile application.
1.5. Device – a mobile technical device that has access to the Internet, on which the Application is installed.
1.6. Personal identification number (PIN) is a unique individual identification number consisting of 14 digits, which is assigned to individuals.
1.7. Agreement - this agreement on the terms of use of the Coom App mobile application, concluded in the form of joining by downloading and installing the application on a mobile device.
2. SUBJECT OF THE AGREEMENT
2.1. This Agreement defines the general procedure and relations between the Copyright Holder, who holds the exclusive right to the Coom App Mobile Application, and the User using the Application. This Agreement is a public offer in accordance with Article 396 of the Civil Code of the Kyrgyz Republic, addressed to individuals, on the terms of this Agreement.
2.2. The Copyright Holder grants the User, under the terms of the License, the right to use his software in the framework of working with the Application and its Services, in full accordance with this Agreement.
2.3. The License grants the following rights to use the Application – copying and installation into the Device's memory, playback on the Device, use of the Application for its intended functional purpose for the purposes defined by this Agreement.
2.4. The License period is from the date the User starts using the Application and accepts the terms of the License until it is deleted from the Device.
2.5. By agreeing to the terms of this Agreement, the User confirms his legal and legal capacity, confirms the accuracy of his personal data and assumes full responsibility for their accuracy, completeness and reliability. By accepting the terms of this Agreement, the User also confirms his consent to the collection, storage and processing of his personal data provided during registration, including, but not limited to, to form a list of attendance at online meetings of participants of thematic and other groups of users of the Application, as well as to form voting results on issues included in the questionnaire distributed among individual users of the Application. On the basis of the Law of the Kyrgyz Republic "On personal information", the Copyright Holder processes the personal data of registered Users in compliance with the principles and rules of processing and protection of personal data. The remaining terms of use of personal data are specified in the Personal Data Processing Policy.
2.6. The Copyright Holder assumes the improvement and modification of the Application, the introduction and removal of certain functions and features, in connection with which this Agreement may be amended and/or supplemented unilaterally by the Copyright Holder. Continued use of the Application after making changes and/or additions to this Agreement confirms the User's consent to such changes and/or additions. If the User does not agree with any of the provisions of these documents, the User does not have the right to use the Application.
2.7. By accepting the terms of this Agreement, the User confirms his consent to receive information about the operation of the Application and its Services, including receiving informational and other messages to an email address or mobile phone number, as well as receiving relevant information in the Application itself.
2.8. The User assumes all possible risks associated with errors and inaccuracies in the provided data about himself.
3. GENERAL PROVISIONS
3.1. Activation of the Application in accordance with this Agreement (hereinafter referred to as Registration) and its further use is a confirmation of agreement with all the terms of this Agreement. The User's authorization data (access code) is created by the User independently. The access code can be changed by the User at any time and an unlimited number of times. The Copyright Holder recognizes as a User any person who has registered in the Application and uses the Application for its functional purpose.
3.2. The application allows Users to carry out information and technological interaction with third parties using a mobile phone within the framework of the functionality provided by the Copyright Holder.
3.3. To start using the Application, the User activates it by registering, namely: indicates his phone number, PIN in the Application, comes up with a code to access the Application, indicates the place of residence / location where the User plans to receive information and use the functional services of the Application.
3.4. The User's authorization data when using the Application and when transmitting any order for execution is recognized as an analogue of the User's handwritten signature. In some services of the Application, the User needs to confirm their actions by means of a code received through a telegram bot. In this case, the User's confirmation received through the telegram bot in the Application is equivalent to a handwritten signature (a simple electronic signature).
3.5. When authorizing the Application, repeatedly incorrectly entered code by the User may lead to temporary blocking of the Application.
3.6. The User undertakes to properly comply with the terms of this Agreement.
3.7. The User is granted the right to use the Application solely for personal, non-commercial use. In this case, the User can use the Application exclusively in accordance with the terms of this Agreement.
3.8. The User undertakes not to use the Application in violation of the rights and legitimate interests of the Copyright Holder, other copyright holders, third parties, this Agreement and the legislation of the Kyrgyz Republic.
3.9. The User undertakes to take appropriate measures to ensure the safety of his mobile device and is personally responsible in case of access to his mobile device by third parties. In case of loss of the Device, the User is obliged to immediately inform about the need to block access to personal data posted in the Application. The User undertakes to carefully and carefully store the data used for identification in the Application, if such data becomes known to third parties, the User undertakes to immediately change the access codes.
3.10. The User is prohibited from decompiling, modifying, decoding, disassembling, emulating the Application, including its Services, independently or with the involvement of third parties, as well as distributing, making available to the public and providing other access to the Application and Services, reverse engineering the Application or its individual Services.
3.11. The User is responsible for using the Application and its Services in any way not expressly specified in this Agreement.
3.12. The User does not have the right to carry out any unauthorized actions with the Application, including distributing the Application or its individual Services through various Internet resources and portals, hacking the functionality of the Application, using parts of the Application or Services in other mobile applications.
3.13. The Copyright Holder has the right to transfer the rights and obligations under this Agreement to third parties for the purpose of fulfilling this Agreement without the additional consent of the User.
3.14. The Copyright Holder has the right to send the User information about the functioning of the Application and its Services in any way, including sending informational and other messages to the email address or phone number specified by the User, or posting relevant information in the Application itself.
3.15. The Copyright Holder has the right to block the User's access to the Application or its individual Services in case of violations by the User of the obligations specified in this Agreement.
3.16. The Copyright Holder reserves the right at any time to terminate this Agreement unilaterally for organizational or technical reasons by deleting the Application from the User's mobile device or blocking the possibility of its further use.
3.16. The User is obliged to properly comply with the terms of this Agreement and not to mislead other Users and third parties.
3.17. The Copyright Holder has the right to make changes to the functionality of the Application, the interface and/or the content of the Application at any time with or without notification to Users.
3.18. The Copyright Holder is obliged to provide technical communication through the Application and provide an accessible means of communication for User requests on issues arising during the use of the Application.
4. ADDITIONAL CONDITIONS
4.1. In order to improve and improve the quality and stability of the Application, the Copyright Holder has the right to collect, store and process statistical information about the User's use of the Application, record User actions in the Application, process the data obtained independently or with the involvement of third parties.
4.2. The terms of the Agreement apply to any updates/new versions, additions to the Mobile Application, except in cases where a separate license agreement is attached to such an update.
4.3. By agreeing to the installation of an update/new version, an extension of the Mobile Application, the User accepts the terms of the Agreement for the corresponding updates/new versions of the Mobile Application, unless the update/installation of a new version of the Mobile Application is accompanied by another license agreement.
5. RESPONSIBILITY OF THE PARTIES
5.1. The User is solely responsible to third parties for his actions related to the use of the Application and its Services, including if such actions lead to violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Application and its Services. The copyright holder is not responsible for lost profits, lost income, loss of data, financial and (or) other losses, as well as for indirect and (or) unforeseen damage, unless otherwise provided by law.
5.2. In case of violation of the rules of use of the Application, the User's obligations and prohibitions specified in this Agreement, as well as in case of violation of paragraph 5.3. of this Agreement, the User undertakes to reimburse the Rightholder for losses caused by such actions in full in accordance with the current legislation of the Kyrgyz Republic.
5.3. The User guarantees that he will not take any actions aimed solely at causing damage to the Copyright Holder, mobile operators, other copyright holders or other persons.
5.4. While working in the Application, the User must independently ensure uninterrupted Internet connection. The Copyright Holder is not responsible for failures caused by the User.
5.5. In case of any disputes or disagreements related to the execution of this Agreement, the User and the Copyright Holder will make every effort to resolve them through negotiations between them. If the disputes are not resolved through negotiations, the disputes are subject to resolution in the appropriate competent court at the location of the Copyright Holder in accordance with the procedure established by the current legislation of the Kyrgyz Republic.
5.6. The Copyright Holder will not be liable in case of inability to fulfill obligations under the Agreement, if such impossibility occurred as a result of unforeseen circumstances beyond the reasonable control of the parties, including, inter alia, malfunctions in the Internet, communications, fires, hostilities, floods or other natural disasters, any other force majeure circumstances.
6. SPECIAL CONDITIONS
6.1. This Policy applies only to this Application. The copyright holder does not control and is not responsible for the websites and mobile applications of third parties to which the user can click on links available in this Application, including in search results. On such sites and applications, other personal information may be collected or requested from the user, as well as other actions may be performed.
6.2. The measures applied by the Copyright Holder to protect the personal information of users of the Application shall take necessary and sufficient organizational and technical measures to protect the user's personal information from unauthorized or accidental access, destruction, modification, blocking, copying, distribution, as well as from other illegal actions with it by third parties.
7. FINAL PROVISIONS
7.1. This Agreement comes into force for the User from the moment of installation and acceptance of the terms of the user agreement in the Application and is valid indefinitely.
7.2. If any of the provisions of this Agreement is declared invalid, this does not affect the validity or applicability of the remaining provisions of this Agreement.
7.3. The current version of this Agreement is posted on the official website of the Copyright Holder.
7.4. All questions, requests and claims related to the use/ inability to use the Service, as well as possible violations of the law and/or the rights of third parties, should be sent via the contact form with the technical support service or to the email address: mercycorpsapp@gmail.com
7.5. Third parties may be involved in the execution of this Agreement. The User confirms that these third parties are granted the same rights as the owner of the rights to the Application, including with respect to the User's personal data.
7.6. Unless proven otherwise by the User, any actions performed using his mobile device are considered to have been committed by the corresponding User. In case of unauthorized access to his mobile device, the User is obliged to immediately inform the Copyright Holder about this in accordance with the established procedure.
7.7. The Copyright Holder does not guarantee that the Application and its individual Services will function in accordance with the User's expectations. Also, the Copyright Holder is not responsible for providing information in the Application in case of malware (malicious codes, viruses) on the User's Device, which may serve as a factor for modifying or changing information provided through the Application.