END USER LICENSE AGREEMENT


This document entitled “End User License Agreement” is a proposal of Stafory LLC (hereinafter referred to as the “Rightholder”) to enter into a contract on the terms and conditions given below.


Before using the Mobile Application (the “Mobile App”), please read the terms and conditions of this End User License Agreement. The use of the Mobile App upon other terms and conditions is not permitted.


  1. Terms and Definitions


    1. Words and expressions used in this End User License Agreement shall have the following meanings unless otherwise directly defined in the text:


      1. License (Agreement) - the text of this document with all annexes, amendments and modifications thereto, displayed upon installation and at the beginning of the Mobile App use, as well as published in the Internet at: https://parodist.ai/rules_en

      2. User - a person having entered into this Agreement with the Rightholder for his/her own benefit or for the benefit of others in accordance with the requirements of the current legislation and this Agreement.

      3. Mobile App – a software “Parodist” to be installed and used on the Device;

      4. Base Version – Mobile App crippled version;

      5. Advanced Version – Mobile App including software applications and add-ons to enhance its functionality;

      6. Sound Record – record of a parodic voicing, created and provided to the User using the Mobile App;

      7. Video – video record made by the User, with the use of the Sound Record in such video;

      8. Device – a tablet, a mobile phone or another device allowing to use the Mobile App as intended.


    2. Other terms and definitions, not indicated in clause 1.1. hereof, can be used in this Agreement. In this case, such term shall be interpreted in accordance with the text of the Agreement. In the absence of unambiguous interpretation of a term or definition in the text of the Agreement, it is necessary to be guided by its interpretation defined primarily in the binding documents indicated therein; secondly, in the legislation of the Russian Federation, and subsequently, by usual and customary business practices and scientific doctrine.


  2. License


    1. Starting from the moment of entering into this Agreement, the Rightholder grants to the User the right to use the Mobile App in the respective version under the terms of a simple (non-exclusive) license on the territory of all countries of the world within the stipulated time period.

      Performance of actions indicated below for entering into the Agreement, shall confirm familiarization with and full and unconditional acceptance by the User of the terms and conditions provided herein, and shall create a contract between the User and the Rightholder upon the terms and conditions given herein, in accordance with provisions of articles 437 and 438 of the Civil Code of the Russian Federation.


    2. License for the Base Version


          1. The following actions of the User will be sufficient for entering into this Agreement in respect of the Base Version:

            • Playback (recording) and/or run of the Base Version on the Device;


          2. The User shall be entitled to use the Base Version in accordance with the terms and conditions of this Agreement in the following ways:


            1. playback (record) the Base Version on the Device;

            2. run and apply the Base Version as intended;

            3. playback, distribute and put in the public domain (publishing) the Sound Records and Videos, in the restricted quantity, upon the discretion of the Rightholder, of unique Sound Records and/or Videos per day, created and provided to the User using the Base Version;


          3. The period of license validity for the Base Version is not limited.


          4. The license for the Base Version is granted free of charge.


    3. License for the Advanced Version:


          1. The license for the Advanced Version use shall be provided to the User on the basis of the User’s request sent via the Mobile App, and shall constitute a separate license agreement upon the terms and conditions of this Agreement.


          2. Within the framework of the license for the Advanced Version, the Rightholder offers to the User an opportunity to:


            1. download, install and run software applications and add-ons to the Base Version on the User’s Device;

            2. use additional functionalities of the Advanced Version in accordance with their description;

            3. playback, distribute and put in the public domain (publish) Sound Records and Videos in any quantity, created and provided to the User using the Advanced Version;


          3. The license for the Advanced Version shall be provided upon the condition of the license fee payment according to the tariffs of the Rightholder. The license shall be renewed on the terms and conditions provided for by the current version of the

            Agreement as of the date of the license fee payment. The number of license renewals for the Advanced Version under the Agreement is not limited.


          4. The license validity period for the Advanced version is determined according to the terms of the tariff of the Rightholder as of the date of the license fee payment.


          5. The User shall be deemed to have expressed his/her will to renew the Agreement for the Advanced Version provided for in clause 2.3.3 of the Agreement, in the events when:


            • the User activated the option of direct debiting for the license fee payment (subscription) in favor of the Rightholder; or

            • the User’s consent to direct debiting for the license fee payment (subscription) is a mandatory condition for sending the User’s request for the license for the Advanced Version, and the User did not withdraw such consent as of the moment of the license’s expiry;


            In cases indicated above, the Agreement shall be renewed upon the expiry of the license for the Advanced Version, i.e. the Trial Period, from the moment of direct debiting for the license fee payment in favor of the Rightholder according to the tariffs of the Rightholder.


          6. Payment of the established license fees can be made using the payment methods and payment service providers indicated at the moment of license acquisition.


          7. Accounting of the license fee payment shall be made on the basis of data provided by the payment service provider acting under the contract with the Rightholder.


          8. The rights and ways of using the Mobile App, which are not expressly granted/not allowed to the User hereunder, shall be considered to be non-granted/prohibited by the Rightholder.


  3. General Terms and Conditions of the Mobile App Use


    1. The mandatory condition for entering into this Agreement shall be full and unconditional acceptance and observation by the User, in the below-mentioned cases, of the requirements and provisions determined by the following documents (“Mandatory Documents”):


      1. Privacy Policy put and/or available in the Internet at: https://parodist.ai/politics_en which contains the rules for providing and using confidentiality information of the Users, including the User’ contact information.


    2. The list of functionalities of the Base and Advanced Versions shall be determined upon the sole discretion of the Rightholder and can be changed from time to time.

    3. Technical, organizational and commercial conditions of the Mobile App usage can be communicated to the Users by way of separate placement on the Internet and/or Mobile App or by way of notification of the Users.


    4. The Rightholder shall be entitled to establish the limits and introduce other technical restrictions for the Mobile App usage which shall be communicated to the Users from time to time in the form and in a way chosen by the Rightholder.


  4. User Guarantees


    By accepting the terms and conditions of this Agreement, you confirm and guarantee that:


    1. you have all necessary rights and powers to enter into this Agreement for the use of the Mobile App and its performance;


    2. you will use of the Mobile App exclusively for the purposes permitted by this Agreement, observing all its provisions, as well as prohibitions and limitations of the applicable law, general standards of morality and decency.


  5. Usage Restrictions


    1. As the license for the use of the Base Version is granted on a free basis, provisions of the legislation on consumer rights protection are not applicable to relations of the parties under such license.


    2. The Mobile App is provided “as it is”, in this connection, no guarantees are provided to the User that it will comply with the User’s requirements; it will be provided without interruptions, quickly, reliably and without errors; results which can be obtained with its usage, will be accurate and reliable; all errors will be rectified.


    3. As the Mobile App is constantly being supplemented and updated with new functionalities, the form and character of the Mobile App can be changed from time to time without preliminary notification of the User. The Rightholder is entitled to suspend or stop providing or supporting Mobile App to the Users, upon its own discretion, as well as change or revoke the License without preliminary notification.


    4. With the exceptions provided for herein, the User has no right to do the following, both independently or involving third parties:


          1. copy (reproduce) in any form or way computer software and databases being part of the Mobile App, including any elements and information materials thereof;


          2. reverse engineer, emulate, decompile, disassemble, decrypt and perform analogous actions with the Mobile App;

          3. create software and/or services using the Mobile App, without preliminary authorization of the Rightholder;


          4. eliminate or change in any way trademarks and copyright and any other rights notices included into the Mobile App.


    5. The User is strictly forbidden to use the Mobile App for creating and/or distribution of Sound Records and Videos:


          1. containing information and/or images discrediting honor, dignity and business reputation of third parties, as well as information promulgating violence, pornography, drugs, race hatred, other illegal actions or other prohibited information;

          2. violating the norms of the applicable law, as well as general standards of morality and decency;

          3. for the purposes contrary to the norms of the applicable law, as well as general standards of morality and decency.


  6. Liability


    1. The Rightholder shall not be liable for any direct or indirect consequences of any use or impossibility to use the Mobile App (including data) and/or damage caused to the User and/or third parties in the result of any use, non-use or impossibility to use the Mobile App (including data) or its separate components and/or functions, including due to eventual errors or failure in operation of the Mobile App, even if the Rightholder was notified on the eventual occurrence of such losses and/or damage.


    2. In the event of revealing a violation of your rights and/or interests due to the use of the Mobile App, you should inform the Rightholder thereon. For this purpose, it is necessary to send a written notification to the Rightholder with the detailed description of the circumstances of the violation.


    3. The aggregate liability of the Rightholder under the Agreement shall in any case be limited to the damage caused to the User and justified by documents, for the amount which may not exceed 1,000 Rubles, and shall be imposed on the Rightholder in case of its guilt in causing such damage.

    4. The User shall use the Mobile App in accordance with the laws of the country where he/ she is located, and assumes liability for violation of the restrictions on the use of the Mobile App provided for by the national legislation.


    5. The User shall be liable for any violation of the obligations stipulated in this Agreement and/or by applicable law, as well as for any consequences of such violations (including any losses which the Rightholder and other third parties can incur).


    6. By using the Mobile App, the User confirms that he/she is a legal owner of the Device where the Mobile App is installed, as is a duly registered and legal user of the services of mobile telephone communications and telematics services enabling to transfer data for the use of the Mobile App.


    7. The Rightholder reserves the right to prosecute the violators of the exclusive rights to the Mobile App in accordance with civil, administrative and criminal legislation, upon its discretion.


  7. Final Provisions


    1. Processing of information provided by the User when using the Mobile App, on himself/herself and/or third parties, as well as information received during such use in automatic mode, shall be performed by the Rightholder in accordance with the Privacy Policy.


    2. This Agreement, the procedure for its conclusion and fulfillment, as well as the issues not covered by this Agreement, shall be governed by the current legislation of the Russian Federation.


    3. All disputes under the Agreement or related hereto shall be examined by the court at the location of the Rightholder in accordance with the current laws of procedure of the Russian Federation.


    4. This Agreement shall apply to all subsequent updates/ new versions of the Mobile App. By agreeing with installation of the update/new version of the Mobile App, the User accepts the terms and conditions of this Agreement for the respective updates/new versions of the Mobile App, provided the update/installation of the new version of the Mobile App is not accompanied with a new license agreement.


    5. This Agreement can be unilaterally amended or terminated by the Rightholder without preliminary notification of the User and without payment of any compensation related thereto.

    6. The current version of the Agreement is put on the Internet at: https://parodist.ai/rules_en. Amendments to the Agreement shall enter into legal effect from the moment of putting its updated version at the indicated address.


      In case of discrepancies between the text of the Agreement put on the Internet, and the text included in the Mobile App, the version of the Agreement put on the Internet at the indicated address shall prevail.


  8. Details of the Rightholder


Stafory LLC

Legal address: 31, Mokhovaya str., liter B, premises 25N, office 5D, Saint-Petersburg 191028 INN /Taxpayer Identification Number/ 7841021393

KPP /Registration Reason Code/ 784101001

OGRN /Primary State Registration Number/ 1157847117592

Settlement account 40702810132410001492 with the branch “Saint-Petersburg” of Alpha-Bank JSC

BIK 044030786

Correspondent account 30101810600000000786 Email: [email protected]

Version dated 5 February 2020.


The document is prepared by the law firm IT-Lex.


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