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The Waterbalance Application User Agreement

The Waterbalance Application User Agreement
Terms used in this Agreement:

The Waterbalance mobile application (equivalent to Application) — a computer program allowing Users who have installed this application on their mobile smart device to control/track/maintain water balance in the body. The functionality of the Application may be subject to alterations as well as be complemented with new features. As of the time of using the Application its full functionality is available in the Application menu.

Copyright owner — a body owning exclusive rights to use the Application. The Copyright owner of the Waterbalance application is «IDS Borjomi», Limited liability company

User – an individual who has reached the age of 4+, installed the Waterbalance application on their mobile smart device and who might be using a smartwatch as an additional technical device.

Profile — a section of the Application accessible to the User after filling in the pre-defined fields/going through the registration procedure, allowing the User to manage their account and perform actions aimed at using the functionality of the Application.

Mobile phone — any consumer smart device meeting the following requirements: a) a device allows to receive mobile wireless communication as well as the telematic communication services; b) has the pre-installed operating system — Android or iOS with the appropriate specifications.

Personalization — data capture done through the Application which is necessary to identify the User resulting in their being able to use the Mobile app as intended.

Identification data – login and password, as well as other data (access codes, etc.) allowing to authenticate the User on their entry. The procedures for granting and (or) receiving the identification data are described in the present Agreement and(or) in the Application menu.

Profile creation / Sign up – a set of activities and actions taken by the User to enter all necessary data in the appropriate fields of the Application. Profile creation/Sign up implies that the User confirms that both they as well as their smart device meet the requirements set forth in this Agreement.

1. AGREEMENT SCOPE

1.1. Subject to the terms of this Agreement, the Copyright Owner grants the User the right to run the Application on their mobile smart device to the extent and under the terms set forth in this Agreement.

1.2. Installation of the Application on the User’s mobile smart device and their signing up implies the User’s full and unconditional consent to all the terms of this Agreement and entails their entering into the User Agreement under the terms of this Waterbalance Application User Agreement (hereinafter equivalently referred to as the Agreement, User Agreement; Agreement citation means a referral to the relevant paragraph of this User Agreement). The area of use of the Application — worldwide.

2. TERMS AND CONDITIONS FOR RUNNING THE APPLICATION

2.1. The use of the Application functionality shall be possible only provided that the User agrees to formal offers of the Copyright Owner, the links whereof will be exposed to the User at their attempting to take advantage of the the corresponding functionality of the Application.

2.2. The User shall monitor the relevance and applicability of this User Agreement as its content is subject to modifications and might be complemented. The User shall take all the risks as to becoming familiar with the terms of the User Agreement in an untimely manner. Versions (releases) of the Application are subject to be enhanced. The User shall monitor the versions (releases) of the Application on their own and install the updated versions (releases) of the Application on their mobile smart device. Malfunction of the Application as well as other adverse effects caused by the irrelevant version of the Application on the User’s mobile smart device rest with the User.

2.3. By agreeing to the terms of this Agreement, the User confirms their legal capacity as well as the accuracy of the data entered by them on signing up and assumes full responsibility for its accuracy, completeness and reliability.

2.4. The User assumes all possible risks associated with errors and inaccuracies in the data provided, including those made on entering the identification data while using the Application.

3. THE FUNCTIONALITY OF THE APPLICATION. CREATING A USER PROFILE IN THE APP

3.1. The Application allows Users to control/track/maintain water balance in the body as well as:
— calculate the total water intake (based on the numeric value of the height, weight and gender fed by the User in the Application) which could be necessary for the human body;
— theoretically calculate the time for replenishing a hydration level of the body;
— carry out visual assessment of the body fluid concentration decrease which would be illustrated graphically based on the conducted calculations as well as the data fed in by the User themselves;
— order pure drinking water through an additional mobile/online service.

3.2. The Application is not intended to be a medical tool/product/means/device and is of advisory nature. The formula for calculating a total water intake in the Application has been developed based on the public scientific sources and publications, to wit:

— EFSA Journal 2010; 8 (3):1459 Scientific Opinion on Dietary Reference Values for water, EFSA Panel on Dietetic Products, Nutrition, and Allergies (NDA), European Food Safety Authority (EFSA), Parma, Italy

All the rights to the formula as well as to the calculation methods are reserved by the authors of the above publications.

3.3. The Application does not take into account medical indications, as well as identified and/or hidden individual parametres of the body and medical indications/contraindications of the User.

3.4. The Application is supposed to store the identification data by the User as well as to have other types of information exchange and commercial interaction with the Copyright Owner or its duly authorized representatives.
3.5. To use the Application for its intended purpose, the User shall create a personal profile: indicate personal data (name, date of birth), physical parameters of the body (gender, age, weight), as well as other information related to the life pattern or lifestyles.

4. THE RIGHTS AND OBLIGATIONS OF THE USER

4.1. The User shall properly comply with the terms of this Agreement.

4.2. The User is granted the right to use the Application solely for their personal non-commercial use. That said, the User shall use the Application only in accordance with this Agreement.

4.3. The User shall not use the Application in violation of the rights and legitimate interests of the Copyright Owner, third parties, the present Agreement and the laws of the Russian Federation.

4.4. The User shall take full responsibility for the use of the Application and its services by any means not explicitly allowed in this Agreement.

4.5. The User shall take action as appropriate to ensure that the mobile smart device, on which the Application is installed, is kept safe and secure, and shall take full personal responsibility in case third parties obtain access to their mobile smart device. The User shall bear the risk of adverse effects caused by the loss of the Mobile smart device (also as a result of withdrawal of the Mobile smart device from the legal possession of the User in consequence of illegal actions of third parties) and possible access of third parties to the Application functionality.
4.6. The risk of adverse effects caused by the accessibility of personal data to third parties, owing also to the loss of the Mobile smart device, rests entirely with the User.

4.7. The user is prohibited from decompiling the Application by own efforts or through third parties, as well as from distributing, making it available to the public and providing other access to the Application, from reverse-engineering the Application or its specific elements.

4.8 For the duration of this Agreement, as well as for the duration prior to the expiration of the limitation period under commitment arising from this Agreement, the User shall voluntarily and explicitly give their consent to the following personal data being processed by the Copyright Owner or other persons somehow involved in making the Application operational as well as in providing services to the User in connection with the use of the Application by the User (hereinafter the below specified personal data and the User information in general also understood as “User details”):

— surname, name, patronymic (if any) of the User, date of birth of the User, physical parameters of the body, as well as other information that allows to identify the User or their Smart device directly or indirectly. Processing of personal data shall be understood as actions (operations) or a set of actions (operations) performed with the personal data with or without the use of computer equipment, including collection, recording, classification, acquisition, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.

The User shall give the consent to processing (including transfer) of the User info for the purposes of:

a) conclusion and(or) implementation of the Agreement, including (but not limited to) for the provision of maintenance services by third parties;

b) for the purpose of implementation of the Agreement by a third party – a processing center, other persons involved in the development of the Application for the User, including the cases of assignment of rights and obligations under the Agreement by the Copyright Owner to a third party;

c) for the purpose of handling of claims laid by the User against both the Copyright Owner itself and third parties (including agents of the Copyright Owner, other persons providing maintenance and/or other services and making the Application operational under the Agreement);

d) for the purposes of information inquiry support, including preparation and distribution of information through a variety of means, in particular on magnetic media and teletransmitted, for the provision of reference and advisory services as well as other information services provided by the Copyright Owner and (or) third parties.

4.9. The User may at any time unilaterally without a court decision repudiate this Agreement by de-installing the Application from their mobile smart device. In this case, processing of User info shall be terminated upon receipt by the Company of a written application from the User with a refusal to perform this Agreement.

5. RIGHTS AND OBLIGATIONS OF THE COPYRIGHT OWNER
5.1. The Copyright Owner has the right to transfer the rights and obligations under this Agreement to third parties for the purpose of implementing this Agreement, without additional consent of the User.

5.2. Accepting this User Agreement the User grants their informed and uncoerced consent to participate in promotional, advertising, marketing and other activities aimed at promoting the services of the Copyright Owner, Copyright Owner’s partners as well as other third parties. The Copyright Owner has the right to send the information as to the operation of the Application in whatever form and by whatever medium including “push notifications”, as well as to send info, advertising or other type of messages generated by the Copyright Owner or third parties, or to place the appropriate information, including promotional content in the Application itself. The User has the right to opt out of receiving notifications in the Application by disabling this function in the OS of the Mobile smart device.

5.4. The Copyright Owner has the right to restrict the User’s access to the Application and the services provided in case of violation of the terms of this User Agreement by the User.

5.6. The Copyright Owner reserves the right to unilaterally terminate this Agreement at any time for organizational or technical reasons blocking the possibility of using the Application for the User.

5.7. In order to improve and enhance the operational stability of the Application, the Copyright Owner has the right to collect, store and process statistical information about the use of the application by the User.

5.8. Through the Application the Copyright Owner shall provide the User with the content, including text, images, design elements and the like which are considered the items covered by exclusive rights of the Copyright Owner.

5.9. The use of content, as well as any other elements of the Application is possible only within the functional scope of the Application. No elements of the Application shall be used in any other way without the prior permission of the Copyright Owner. The use, among other things, is understood as: reproduction, copying, reengineering, distribution in whatever form and by whatever medium, etc. An exception is the cases explicitly stated by the laws of the Russian Federation.

5.10. Except as provided in this Agreement and applicable law, no Content shall be copied, reproduced, reengineered, distributed, published, downloaded, transmitted, sold or otherwise used without the prior consent of the Copyright Owner.

5.11. The use of intellectual property assets shall only be allowed for personal non-commercial purposes by using the functionality of the Application. The use of Content, as well as any other elements is possible only within the scope of the proposed functionality.

6. GUARANTEES AND LIABILITIES OF THE PARTIES

6.1. Third parties may be engaged to implement this Agreement. The User confirms and agrees that the specified third parties are granted the same rights as the Copyright Owner including those in respect of personal data and the User info.

6.2. The User guarantees that they will not take any actions aimed solely at causing damage to the Copyright Owner, its authorized or other persons.

6.3. Should the rules of use of the Application specified in this User Agreement as well as paragraph 6.2 of this Agreement be violated, the User undertakes to compensate the Copyright Owner for losses caused by such actions in full.

6.4. In order to fulfill the obligations under this Agreement, any actions performed through the use of the User’s Mobile smart device are considered to be performed by the relevant User.

6.5. The Copyright Owner shall not guarantee that the Application and its specific elements do not contain errors and will function in accordance with the User’s expectations. Errors or defects discovered in operation of the Application which among other things lead to the inability of the Application to function on the User’s mobile smart device shall not be the reason for filing lawsuits/claims against the Copyright Owner.

6.6. The Copyright Owner shall not provide any guarantees regarding the information transmitted through the Application, except for information about the goods, services and offers of the Copyright Owner. Any information of that kind is provided directly from the open information sources and the Copyright Owner can not guarantee that such information will correspond to the appropriate age demographic. In this regard, the Copyright Owner notifies that the information content provided may not be intended for persons under 4+ years of age.

6.7. The Copyright Owner represents and warrants that the Application functions in such a way as to ensure the safety of any User information and User identification data. If the User complies with all the terms of this Agreement including those ensuring the inviolability of the User’s personal information and the User’s commitment to prevent third parties from accessing such data, the use of the Application can not lead to the above-mentioned information becoming available to persons not authorized to receive such information.

7. CONFIDENTIALITY

7.1. The parties undertake to take all necessary measures to ensure the security and safety of information and documents exchanged in the Application or made available to the Parties in connection with the use of the Application functiontionality.

7.2. The User shall at their own discretion take all the necessary measures to preserve confidentiality, prevent unauthorized use of and protect their data from unauthorized access by third parties.

7.3. The Copyright Owner shall maintain confidentiality with respect to the information that has become known to it in connection with the implementation of this Agreement, except for the following cases: a) such information is publicly available; b) the information is disclosed at the request or with the consent of the User; c) the information is to be provided to third parties to the extent necessary to abide by the terms of the Agreement, as provided for in this Agreement; d) the information requires disclosure on the grounds provided by the applicable law.

8. FINAL PROVISIONS

8.1. In case of any disputes or disagreements related to the implementation of this Agreement, the User and the Copyright Owner shall make every effort to resolve them through mutual negotiation. Should the disputes be unresolvable through negotiation, the disputes shall be settled in the relevant court according to the procedure established by the laws currently in force in the Russian Federation.

8.2. This Agreement shall enter into force for the User from the moment of creating a profile/signing up in accordance with paragraph 2.2 of the Agreement and shall remain in force until it is changed or terminated in accordance with the procedure established by the applicable law or this Agreement.

8.3. This Agreement is made in English.

8.4. Should any provision of this Agreement be held invalid, the validity or enforceability of the remaining provisions of this Agreement shall not be affected.

8.5. Appeals, suggestions and claims (hereinafter «appeals») of Users about the Application shall be sent to the following e-mail address: info@borjomi.ru

8.6. This Agreement is made in accordance with the laws of the Russian Federation. Issues not regulated by the Agreement shall be resolved in accordance with the laws of the Russian Federation.
COPYRIGHT OWNER DETAILS:

Legal address: 3, Studenetsky Pereulok, 123100, Moscow
Postal address: 5, Pervy Derbenevsky Pereulok, Bld. 2, entrance 3, office 301, 115114, Moscow
OGRN 1067746785204
INN 7703599366, KPP 770301001
OKPO 96455640, OKVED 51.34.1