Placement date: 31.10.2022

USER AGREEMENT

• This User Agreement (the Agreement) defines the rights and obligations of the Administrator and the User (the Parties) during the use of the Administrator Platform.
• This Agreement is addressed to an indefinite circle of adult persons (persons older than 18 years), legal entities, and self-employed persons. It constitutes a public offer per Clause 2 of Article 437 of the Civil Code of the Russian Federation.
• The User's performance of actions specified in Clause 2.10 of the Agreement shall mean the User's unconditional acceptance of the Agreement.
• The Agreement shall be valid as an electronic document and does not require signatures of both parties.

01. TERMS AND DEFINITIONS

• The User Agreement (the Agreement) is the agreement regarding the use of the Platform.
• The Administrator is Blbulyan David Karenovich, self-employed, INN (TIN) 636800877083, OGRNIP 316631300188182, who, as a party to this Agreement, grants the User the right to use the Platform.
• The Platform is an automated software and technology solution concerned with promotion, in search and via direct link on the App Store or Google Play, of mobile apps of the Users. The Platform is operated and maintained by the Administrator and can be accessed on the Internet at https://my.appbooster.com/. The detailed description of the Platform's functions provided to the User can be found on the Internet at https://my.appbooster.com/ ("Features" section).
• The Website is an Internet site located at https://my.appbooster.com/ and operated and maintained by the Administrator.
• The User's Mobile App is an automated software and technology solution of the User (which is provided as a system of data and commands, including the original text, database, audio and video pieces, included by the User in the program), as well as any documentation pertaining to the use thereof.
• Authentication is a process of verifying the validity of the User's identifier. The User has to undergo Authentication to access the Platform.
• The User is an individual older than 18 years, legal entity, or self-employed person, who accedes to the Agreement. A legally incapacitated individual shall, when registering, guarantee to the Administrator the written consent of their legal representative to such transactions and processing of their personal data.
• The Account is a personalized interface of the Platform offering a set of user tools providing access to the Platform's functions. The User can access the Account after Authentication.
• The Digital Signature is a signature, which the User creates using their username and password during Authentication on the Platform. This signature is required per Federal Law of Russia No. 63-FZ dated April 6, 2011. When the Digital Signature is created, the User is given a unique number when registering on the Platform. This number is assigned to all electronic documents or messages the User generates or creates in their Account. The User's unique number is automatically assigned to any document or message created or generated on the Platform in all cases when the User needs to provide their username and password to draw up or accept such a document or message. The Users treat their Digital Signatures as analogs of handwritten signatures. The Users treat their documents or messages they generate or create on the Platform, having logged in using their username and password, as the documents or messages signed with a digital signature, which have the same legal force as the documents on paper signed with a handwritten signature. The Users undertake to maintain confidentiality of their username and password. The person, who has signed a document or message with their Digital Signature on the Platform, shall be identified by the Platform based on the username and password the User has provided when generating or creating such a document or message.
• The Electronic Document of the Platform (EDP) is an interrelated set of electronic log files, which is created and stored on the Platform and reflects the User's intention to enter into the Agreement on the Platform and get access to the Platform's functions.
• The Electronic Log is an interrelated set of electronic log files reflecting the Users' activity on the Platform. The Electronic Log is stored by the Platform Administrator.
• The Key is a sequence of alphanumeric characters, known to the User and sent to the User's phone number or email.
• The Privacy Policy is a document adopted by the Administrator in compliance with applicable Russian law and defining the Administrator's policy regarding personal data processing, the procedure of personal data processing by the Administrator, and personal data protection measures taken by the Administrator. The current edition of the Privacy Policy is generally accessible and published at https://my.appbooster.com/policy.html.
• The Rates – are fees for the use of the Platform, set by the Administrator and available in the User's Account and/or at https://my.appbooster.com/.
• The Credentials are a combination of the User's username and password they use to access the Platform. The User's username and password are an analog of a handwritten signature.
• A Button is an element of the Platform interface, a click of which shall means the User's unconditional acceptance of terms related thereto.
• The Software is a complex of data and commands presented in an objective form, provided to the User on the Platform to register the transactions on the Platform or generate reports for further analysis by the Platform. The User accesses the Software under a simple (non-exclusive) license, which is valid until the User Agreement expires.

02. SUBJECT OF THE AGREEMENT GENERAL REQUIREMENTS

• In accordance with the terms of the Agreement, the Administrator shall grant the User the right to use the Platform under a simple (non-exclusive) license. The User undertakes to pay the fee in cases set forth by respective Rates.
• All the terms set forth hereunder shall apply to the Platform as a whole and each component individually. The effect of the terms of this Agreement shall apply to all further updates and versions of the Platform. By agreeing to use the updated version of the Platform, the User agrees to the terms of this Agreement for respective updates and newer versions, unless an update and/or a new version of the Platform is accompanied by a different agreement.
• The rights are provided all over the world.
• The rights are provided for the term limited to the validity period of the Agreement, which is 10 (ten) years.
• The Administrator has the right to unilaterally change the Agreement and all appendices thereto, fully or partially, without any coordination with the User. All the changes shall come into effect once published on the Platform, unless another effective date is otherwise specified upon publishing a newer edition of the Agreement.
• The User undertakes to monitor the changes to the Agreement, as well as appendices thereto, by making themselves aware of the effective version at least once in 5 (five) calendar days. The User shall be personally responsible for all the repercussions of their unawareness of the Agreement, as well as appendices and changes thereto. By continuing to use the Platform after the Agreement has been changed and/or amended, the User confirms that they agree to such changes and/or amendments.
• If the User does not agree with any of the provisions of the Agreement and/or appendices or thereto, they shall stop using the Platform immediately.
• The Agreement consists of the following component:
• The User Agreement on the use of the Platform. The current edition of the Agreement is available at https://my.appbooster.com/tos.html.
• The Rates available in the Account and/or at https://my.appbooster.com/.
• Before using the Platform and upon accepting the terms of the Agreement, the User shall make themselves aware of the following:
• The Agreement and appendices thereto.
• Description and functions of the Platform.
• Effective rates.
• To start using the Platform and accede to the Agreement, the User must do the following: (1) Accept the Agreement by clicking the appropriate Buttons on the Platform and (2) Complete Authentication in the manner prescribed by the appropriate Agreement. Certain Appendices to the Agreement, or amendments to the Agreement, may prescribe a different acceptance procedure.
• The User guarantees that the Account and provided information is related to the User.
• The actions performed by the User as the actions, as specified on the Platform, necessary for using the Platform's functions (visiting the Platform by following a special link / clicking on appropriate buttons / entering the Key into the appropriate form, etc.) shall be recognized as the actions performed by the User and performed with the use of the Digital Signature. Such actions shall be considered the User's unconditional consent to accessing the relevant functions on the Terms set forth by the Administrator on the Platform and in the Agreement. The User using the Digital Signature shall be defined by the user after successful Authentication. An EDP shall be considered signed with a Digital Electronic Signature when it's established that the User has performed the actions necessary for using the Platform's functions (clicking on a link on the Platform / clicking on appropriate buttons / one-time click on a link generated after registration on the Platform and sent to the User's email they specified during registration). By paying the appropriate Rate, the User indicates their acceptance of the Agreement and the Rates for the paid functions of the Platform.
• To start using the platform, the User has to undergo the registration procedure during which they shall receive a unique combination of the username and password. The email is required during registration on the Platform at https://platform.appbooster.com/signup. Once the registration process is finished, a generated link is sent to the User's email they specified during registration. After following that link, the User becomes an account owner. Further Authentication of the User on the Platform is performed with the use of the email (username) and password the User specified during registration. For the purposes of registering on the Platform and further authentication, the User has the right to use their Vkontakte, Facebook, or Google account. From the moment of logging in to their account, the User shall be personally responsible for the safety of the data, username, and password.
• The right to use the Platform shall be considered provided upon acceptance of the Agreement by the User per Clause 2.12 of the Agreement. The Parties have agreed that no Acceptance Act should be drawn up. The data in the Administrator's Electronic Log shall act as evidence of providing the User the right to use the Platform. The Parties have agreed that no acts or invoices regarding the use of the paid functions of the Platform should be drawn up. The data in the Administrator's Electronic Log shall act as evidence of providing the User the right to use the paid functions of the Platform.
• If Authentication is impossible due to loss of a password, Account blocking, or other reasons, the User has the right to contact the Administrator's support desk or restore their password following the relevant guide on the Platform. The Administrator may unilaterally change the procedure for recovering the User authentication methods.
• The User has the right to store their username and password in any convenient way that ensures integrity of such information. For security purposes, the User is obliged to finish their session on the Platform by clicking "Log out" at the end of every session. The Administrator shall not be held responsible for possible loss of damage of data, or any other repercussions, which may occur if the User violates the above condition.

03. RIGHTS AND OBLIGATIONS OF THE PARTIES

• The Administrator is obliged to:
• Provide the User with the right to use the Platform by granting access to the Platform.
• Within a reasonable time, eliminate failures of the Platform resulting from the fault of the Administrator.
• Provide technical support, related to the use of the Platform, to the Users. Technical support and interaction with the Platform is carried out on business days, within operating hours (GMT+3), using the contact info specified on the Website.
• After the fee is paid per the Rates, provide access to the Platform functions including promotion of applications in search and via direct link on the App Store or on Google Play, rating adjustment; traffic acquisition; application store optimization; other functions per information and terms published on the Website.
• The User is obliged to:
• Use the Platform in accordance with the Agreement.
• Consider the documents and messages signed with the Digital Signature equivalent to the respective documents and messages signed with a handwritten signature.
• Accept and observe the applicable terms of the Agreement.
• Not provide access to the Account to any third parties.
• Make decisions on the appropriateness of using the Platform; assume responsibility for such decisions; not make any claims against the Administrator in case of non-performance of the Agreement for the reasons beyond the Administrator's control.
• Timely provide up-to-date information the Administrator needs to carry out the appropriate activities per the Agreement.
• The Administrator has the right to:
• Unilaterally and extrajudicially terminate the Agreement and/or block the User's access to the Platform; prohibit access to the User's Account on the Platform; restrict the User's access to some functions; limit support for the User. The Administrator shall not be responsible for any loss incurred by the User due to such actions of the Administrator. The Administrator is not obliged to inform the User of the reasons for terminating the Agreement and/or blocking (deleting) the User's Account.
• Carry out maintenance during which the Platform is temporarily unavailable.
• Modify or update the Platform, add new functions or features—to improve performance of the Platform and/or as prescribed by applicable law.
• If the User does not pay the Administrator's fee for more than 10 (ten) calendar days, the Administrator may suspend the User's access to the Platform; block access to the User's Account; restrict the User's access to some functions; limit support for the User.
• The User has the right to:
• 3.4.1. Use the Platform in accordance with the Agreement.
• 3.4.2. Having paid the fee per the Rates, use the Platform functions provided by the Administrator, including promotion of applications in search and via direct link on the App Store or on Google Play, rating adjustment; traffic acquisition; application store optimization; other functions per information and terms published on the Website.
• To get access to the paid functions of the Platform, the User has to ensure, in their Account, that the application is available on the App Store or Google Play.
• 3.4.3. Use additional functions of the Platform.
• The User is not allowed to use the Platform for any unlawful purposes including the following:
• 3.5.1. Providing invalid User details or other information requested by the Platform.
• 3.5.2. Money laundering or other related unlawful activities.
• 3.5.3. Disruption of normal operation of the Website.
• 3.5.4. Using the Platform in a way not expressly allowed by the Agreement.
• 3.5.5. Using the Platform and/or its components after the Agreement expires.
• 3.5.6. Authenticating third parties in the Account.
• 3.5.7. Publishing materials containing obscene language, pornographic media; threats, calls for violence and unlawful action; manifestation of violence, cruelty, racial, ethnic or religious hatred, as well as the links to other related media; fascist attributes or symbols; propaganda of criminal activity, instructions for committing illegal actions; intellectual property of third parties (unless the respective parties have given appropriate consent).
• Warranties and Representations.
• 3.6.1. The User represents and warrants that they understand all the provisions of the Agreement and that they accept the terms of the Agreement, without any reservation and in full.
• 3.6.2. The User warrants that they will not use the Platform for any other purposes except those specified in the Agreement and on the Website.

04.PRIVACY NOTICE

• The Administrator is a personal data operator in accordance with applicable law, and assumes all the rights, obligations, and liability a personal data operator is subject to as prescribed by applicable law. When processing personal data of the User, the Administrator shall comply with Federal Law of Russia No. 152-FZ dated July 29, 2006, "On personal data" and the Privacy Policy of the Platform.
• The User understands and agrees that, in case of any technical failure, activity of third parties (including a virus or hacker attack), the User's details published on the Platform may become disclosed to third parties. The User undertakes to make no claims against the Administrator for loss resulting from the said events.
• The Administrator shall only process the information they need to perform the Agreement.
• The Parties have agreed to observe and maintain confidentiality of any information about the other Party they receive while fulfilling their respective obligations under the Agreement. Confidential information shall not include publicly available information and information which the User has agreed to provide.
• The Privacy Policy of the Platform is published at https://my.appbooster.com/policy.html.

05.RESPONSIBILITY. DISPUTE RESOLUTION

• 5.1. The Platform shall be provided to the User as is, in accordance with the general practice. This means that the Administration shall not be held responsible for any problems occurring during installation, updating, support, and use of the Platform (including problems related to compatibility with other software, drivers, etc., inconsistency between the results of the use of the Platform and the User's expectations, calculation errors, etc.). The User shall understand that they are held responsible for any negative repercussions resulting from incompatibility or conflict between the Platform and other software installed on the User's computer or another device. The Platform is not intended for, and may not be used in the data systems operating in hazardous environments or maintaining life support systems where a failure of the Platform may elicit a threat to human life or cause severe material loss.
• 5.2. The Administrator does not warrant or represent that the provided services are free of failures and errors, or that the website or the host server is free of viruses or other malware.
• 5.3. Under no circumstances shall the Administrator, their agents or persons involved in creation, delivery, or update of the Website, be responsible for any direct, indirect, or accidental loss resulting from the use of the Website, any products or services of the Administrator, or products or services of any other related company or website.
• 5.4. The Administrator's responsibility related to substandard services purchased from the Administrator is limited to improving the quality of services of returning the amount paid for such services to the User. The links to other websites on the Administrator's website does not imply that the Administrator approves the owner company of or products or services on such webistes. The Administrator provides links to other websites only for the user convenience.
• 5.5. The Administrator shall not be responsible for the unavailability of the Platform for reasons attributable to the User or third parties.
• 5.6. The Administrator shall apply every possible effort to ensure normal operation of the Website. That being said, the Administrator shall not be responsible for the User's non-fulfillment or improper fulfillment of the obligations under this Agreement, as well as direct or indirect loss thereof, including loss of profit and possible damage incurred as a result of the following:
• 5.6.1. Platform failures.
• 5.6.2. Unlawful activities of Internet users aimed at disrupting informational security or normal operation of the Website and the Platform.
• 5.6.3. Unavailability of the Internet connection between the User's server and the Administrator's server.
• 5.6.4. Operational or investigative activities carried out by state or local authorities or other organizations.
• 5.6.5. Establishment of state regulation (or regulation by other organization) of the business activities of profit organizations on the Internet, and/or imposing by such subjects of one-time restrictions which impede or make impossible the performance of the Agreement.
• 5.6.6. Other cases related to action (inaction) of Internet users and/or other subjects, aimed at disrupting the situation, as of the time of concluding the Agreement, related to the use the Internet and/or computer equipment.
• 5.7. The Administrator has the right to halt operation of the Website and the Platform to carry out maintenance.
• 5.8. When using the Platform, the User undertakes to not violate the legislation or interests of third parties. The Administrator shall not be held responsible for the User's actions performed with the use of the Platform, nor shall it be held responsible for the User's non-fulfillment of their obligations to third parties.
• 5.9. The User shall be personally responsible for the integrity of their Account credentials, as well as for loss that may result from unauthorized access to their Account.
• 5.10. In case of any dispute, arising from or related to the Agreement, between the User and the Administrator, the Parties shall take every possible measure to resolve it through negotiation. If a dispute cannot be resolved through negotiation, such a dispute shall be resolved at the Administrator's location.
• 5.11. The Administrator shall not be responsible for non-delivery of messages, keys, or other information or documents by communications providers and/or carriers.
• 5.12. The User shall be responsible for the accuracy of the information they provide to the Administration. The User undertakes to keep such information relevant and up to date.
• 5.13. The Administrator shall not be responsible for any of the following:
• 5.13.1. Violation of the Agreement by the User.
• 5.13.2. Unlawful activity of third parties, including activity related to the use of the User's Account and debiting of the User's funds.
• 5.13.3. Any direct or indirect loss or loss of profit of the User and/or third parties resulting from the use of the Platform.
• 5.13.4. Failures, errors, and faults of the software and hardware complex ensuring operation of the Platform; temporarily unavailability of the Platform and its functions to the User due to maintenance and other works, as well as the User's loss related thereto.
• 5.14. The Parties shall not be held responsible for partial or full non-fulfillment of their respective obligations under the Agreement if such non-fulfillment was a result of force majeure circumstances, which arose after the Agreement had been concluded and which the Parties could not foresee or prevent. Such circumstances include fires, floods, natural disasters, wars, terrorist acts, law changes, as a result of which one of the Parties to the Agreement is unable to fulfill its obligations. A Party to the Agreement, which was affected by force majeure circumstances, shall, within 10 (ten) calendar days, inform the other Party of such circumstances.
• 5.15. The User may not sublicense the use of the Platform or any of its parts to any third party; download, modify, distribute the Platform, or use it in any other way not expressly set forth in this Agreement.
• 5.16. Any copying, reuse, modification, distribution, use or publication by the User of any part of the Administrator's Website is strictly prohibited, unless the Administrator has previously given an applicable written permission.

06.USER FEE. FEE SETTLEMENTS

• The User shall pay the Administrator the User Fee for using the Platform, in the amount set forth in the Rates published on the Website.
• The Rate amount depends on the Platform functionality provided.
• The information about the Rates is published on the Website. The Rate does not include any possible fees set by payment providers.
• The Administrator may change the Rates. In this case, the cost of the paid functions shall not be changed.
• The Administrator shall announce a change in the Fees by specifying the updated fees on the Website.
• The Administrator has the right to provide discounts at a specific Rate.
• To pay the fee at an applicable Rate, the User shall ensure that they have a sufficient amount of currency units on their balance on the Platform. The User's balance is shown in the "Balance" section of the Account. The required balance for accessing paid functions is shown in the "To be charged" section of the Account.
• The User can add funds to their balance on the Platform using the methods specified in the Account:
• YooMoney (payment from the User's YooMoney wallet)
• Bank card (payment from the User's MasterCard, Maestro, Visa, MIR, or JCB card)
• Webmoney (payment from the User's Webmoney wallet)
• QIWI (payment from the User's QIWI wallet)
• Cashless payment by invoice (cashless transfer to the details provided to the User by email). Refunds are not available for this method
• Coupon (crediting the equivalent amount to the User's balance). Refunds are not available for this method
• Every payment method is described in detail in the Account.
• The payment obligations are considered non-fulfilled in case of a refund by order of the payment organization. In this case, the Administrator has the right to deny the User access to the Platform functions from the moment of such a refund.
• The Administrator does not control the software and hardware system of the payment system, nor shall it be held responsible for errors thereof. If the funds are not credited to the Administrator's account due to an error, it shall be the payment system provider's obligation to return the funds to the User.
• In case of delayed crediting of funds to the Administrator's account for more than three days, the Administrator has the right to request the User to provide evidence of a transfer and resolve the situation with the payment system.
• All the payments between the Parties shall be settled in Russian rubles.
• The User shall pay all applicable fees and charges.
• All other provisions not stipulated in this Agreement are specified on the Website and/or in the Account.
• Since the Administrator's products are intangible and are distributed electronically, no refunds are available after using any of the paid functions of the Platform and rendering of any service.
• If a refund is available per the Agremeent (for example, if there are unused funds on the User's balance), the User may contact a support agent in their Account or by other available means using the contact info of the Platform's support desk. The funds shall be refunded to the User's account based on the complete payment details.
• The User agrees that they shall inform the Administrator's support desk of any problems found.

07.TERM OF THE AGREEMENT. TERMINATION PROCEDURE

• 7.1. The Agreement shall come into effect on the day of acceptance and remain effective for 10 years from there on.
• 7.2. The Agreement may be terminated early in the following cases:
• 7.2.1. By mutual agreement of the Administrator and the User.
• 7.2.2. By the Administrator's unilateral extrajudicial initiative if the User violates the Agreement, without returning to the latter any money paid earlier.
• 7.3. The Administrator shall send the Agreement termination notice in the Account or by email 5 (five) calendar days before the expected termination date.
• 7.4. At the end of the term specified in Clause 7.3. of the Agreement, access to the User Account on the Platform shall be terminated.

08. OTHER PROVISIONS

• The User has the right to use all further updates or new versions of the Platform on the terms of use of the original Platform.
• All matters not governed by the Agreement shall be resolved in compliance with Russian law.
• Upon payment of the User Fee, the User is granted a non-transferable, non-exclusive, revocable license to access and use the Website in accordance with this Agreement. The User shall not grant any third party access to the Platform or perform any other transactions regarding the specified objects with third parties. The User shall not resell or publish any of the Platform materials, in any form and for any purpose. Nor shall the User be authorized to create or offer free services with the use of the Administrator's Platform.
• The disputes regarding authentication of the User's Digital Signature and signed EDPs shall be resolved by the Working Group which shall include representatives of the Parties. The authorities of the Working Group members shall be verified by a power of attorney or applicable order of the Party they represent. A meeting of the Working Group to review the User's claim shall be held at the Administrator's address. The Working Group shall refer to the Electronic Log for the purposes of analysis and define the following:
• The subject of the dispute per the User's claim
• The transaction in question.
• The fact of the Authentication preceding submission of the EDP in question.
• The date and time when the Key was entered (if requested by the Platform) to confirm creation of the EDP in question.
• The simultaneous fulfillment of the following conditions shall verify that the Platform has correctly executed the EDP in question:
• The fact of the Authentication preceding submission of the EDP in question is ascertained.
• The fact of sending the Key to the specified User address (if requested by the Platform) is ascertained.
• The fact of entering the Key, which matches the Key sent to the User, to confirm creation of the EDP in question (if requested by the Platform), is ascertained.
• If it is verified that the Administrator has correctly executed the EDP in question, all the User's claims—related to the repercussions of executing the EDP in question—against the Administrator shall be deemed void. The non-fulfillment of any of the said conditions shall mean that the correctness of executing the EDP in question has not been verified, which means the EDP in question had been confirmed with an invalid Digital Signature or had been incorrectly executed by the Administrator. In this case, User's claims—related to the repercussions of executing the EDP in question—against the Administrator shall be deemed valid. An Act of the Working Group shall be drawn up based on the results of the meeting.
• All disputes and resolutions arising from the Agreement and regarding matters not governed by the Agreement shall be resolved through negotiation. If a dispute related to the Agreement cannot be resolved through negotiation, such a dispute shall be reviewed at the Arbitral Tribunal of Samara Oblast, if the User is a legal entity or a self-employed person; at Leninsky District Court of Samara, if the user is an individual and not a self-employed person.
• The Parties recognize the telecommunications, data processing, and data storage systems as sufficient means ensuring reliable and efficient transmission, reception, processing, and storage of information. The Parties recognize the access control and encryption system as a sufficient means of unauthorized access protection, verification of ownership and accuracy of information contained in the received EDP, and dispute resolution.
• The User agrees to not use the Administrator's Website, as well as its products and/or services, for any purposes which are unlawful or not allowed in a particular location. The User also agrees to not use the Website in any way that may disable, damage, overload, or disrupt operation of any of the Administrator's websites; or prevent any other party from using the Website and/or products or services of the Administrator. The User also agrees to not try to get unauthorized access to any of the Administrator's materials.
• The place of conclusion of the Agreement shall be the city of Samara.
• The Parties warrant that they will, during the term of the Agreement, take every applicable measure to prevent corruption of both Parties and their respective counterparties. The Parties confirm that, per Federal Law of Russia No. 273-FZ dated December 25, 2008, "On combating corruption", they observe the standards and procedures ensuring integrity of organizations and preventing corruption.
• The Parties hereby agree that all the correspondence between the Parties during performance of this Agreements, including provision of information, sending of notices and claims, shall be maintained with the use of the Platform and/or email specified by the User during registration. The Parties also agree that such electronic correspondence does not need to be duplicated with paper documents.
• The Parties acknowledge that information provided with the use of the Platform shall be deemed delivered to the othe Party from the moment of sending such information on the Platform or from the moment of sending an email message from the Administrator's email: [email protected].
• A message or document shall be deemed delivered if it has been delivered to the recipient but the recipient has not read it due to reasons within their control.