User Agreement “Kinolenta”

1. Subject of the Agreement

1.1. The subject of this user agreement (hereinafter referred to as the Agreement) is the relationship between the Limited Liability Company Lime HD (Cheboksary, Chuvash Republic, Presidential b–r, house No. 33, TIN 2130132114), which is the developer and owner of the Kinolenta application (hereinafter referred to as the Owner ), and the user of the application (hereinafter referred to as the User ) regarding the use of the Kinolenta application (hereinafter referred to as the Application ).

1.1.1. The Kinolenta application is available for installation and use on devices with Android and iOS operating systems. To download the App, one needs to go to the App Store and Google Play app stores.

1.2. The Agreement is a public offer in accordance with Part 2 of Article 437 of the Civil Code of the Russian Federation (CC RF). The User's full and unconditional acceptance of the terms of the Agreement is considered to be the installation and use of the Application.

1.3. The Kinolenta application provides the User with the opportunity to watch movies, TV series and other video content (hereinafter referred to as Content ) continuously and around the clock on the following conditions:

1.3.1. The Content is viewed on a free trial basis. After it is completed, the User can choose one of the following options for further use of the Service:  Purchase specific Content or Subscribe to Premium Access.

2. Terms used in the Agreement. Virtual currency.

2.1. "Service"  is a set of Application functionality provided by the Owner to the User for viewing video content, managing personal data, configuring a profile, as well as other services available through the Application interface. The service can include both free and paid features.

2.2. "Paid Service"  - separate functionality or services within the Service, the use of which implies payment by the User. The paid service may be available on a recurring subscription basis, and may also be partially or fully paid for using virtual currency (points) awarded for actions specified in the section of this Agreement.

2.3. "Device"  means any technical device of the User capable of viewing Content, including: personal computers (stationary PCs, laptops, tablets), mobile devices (smartphones, communicators, PDAs), game consoles, set-top boxes, televisions with an Internet connection (Smart TV), media players and other similar devices.

2.4. Purchase of specific Content  is a type of paid service in which the User can pay for access to a particular movie, TV series or other material for a certain period of time or indefinitely (depending on the terms of purchase).

2.5. Premium Access subscription  is a type of paid service in which the User can subscribe to a paid subscription that provides unlimited access to all Content in the Application for a selected period (the duration of the period depends on the type of subscription).

2.6. Alternatively, the User has the opportunity to partially or fully pay for the use of the Service using virtual currency – points that are awarded for registration, inviting friends, daily Content views and viewing ads.

2.7. The full list of available subscription types, their description, cost, as well as the terms of purchase of specific Content and the rules for awarding/using points are posted inside the Application itself.

3. General provisions

3.1. The fact that the Application is installed on the User's device, regardless of whether the User has started using its functionality (in whole or in part) or not, means his unconditional agreement with all clauses of this Agreement.

3.2. The Owner has the right to make changes and/or additions to this Agreement at any time, notifying the User about it by posting the current version of the Agreement in the public domain.

3.3. Using the Application after making any changes and/or additions to the Agreement means that the User agrees to such changes and/or additions.

3.4. If the User does not agree with the terms of the Agreement in full or in any part, and/or with the changes / additions made, he is obliged to immediately stop using the Application.

3.5. The Owner is engaged in research activities in accordance with Federal Law No. 244-FZ dated September 28, 2010 "On the Skolkovo Innovation Center" and in order to commercialize the results of the innovative project "Lime HD – an intelligent digital platform for online broadcast of TV content.

3.6. During the use of the Application, promotional materials may be displayed. The owner reserves the right to determine the format, volume and content of advertising materials, ensuring their compliance with the legislation of the Russian Federation.

3.7. The User can register in the Service as a new Users or log in for already registered Users via social networks.

Registration via social media is optional and allows you to synchronize profile data between different devices. The use of this function implies the User's consent to the terms of personal data processing set out in the Privacy Policy of the Owner.

4. Terms of provision of Paid services

4.1. General provisions for the provision of Paid Services

4.1.1. By paying for and using the Paid Services, the User confirms that he accepts these Terms of Provision of Paid Services in full, as well as other terms that apply when using the Application.

4.1.2. The ignorance of the terms of the Agreement does not release the User from responsibility for their non-compliance.

4.2. The procedure for payment, refund and cancellation of Paid Services.

4.2.1. Payment for Paid Services is carried out through the payment systems of third parties, the Owner does not accept payments from Users. The relationship between the payment systems and the User is governed by the terms of the agreement between the User and the specified persons. Issues related to the payment of Paid Services are subject to resolution by contacting payment system operators without the participation of the Owner.

Payment methods and procedures for payment systems:

App Store: https://support.apple.com/ru-ru/HT202631

ЮMoney: https://yoomoney.ru/page?id=522764  

Google Play: https://support.google.com/googleplay/answer/2651410?hl=ru  

4.2.2. When paying for a Premium Access Subscription, the User agrees that the payment systems will charge the subscription fee for the next billing period of using the Paid Services at the end of the paid billing period (automatic renewal).

4.2.3. The cost of Paid Services and the procedure for debiting funds may be changed by the Owner at any time. The changes take effect from the beginning of a new payment period and do not apply to the current period, which the User uses on the terms in force at the time of his payment.

4.2.4. If the User continues to pay for the services at the new prices after making changes, this will be considered an automatic acceptance of the new terms of Service.  

The Owner reserves the right to delete or add Content to the Application without prior notice or consent from the User.

4.2.5. Refund of funds is carried out in the following cases and in accordance with the procedure:

No right of return:

1) There is no refund for purchases made using points (virtual currency).

2) A refund for the purchase of specific Content (for example, a particular movie or TV series) is not possible, since access to such Content is fully and immediately available to the User after payment.

Right of return:

1) Refunds are only possible when subscribing to Premium Access and are made in proportion to the unused subscription period as of the date of the refund request.

4.2.6. To make a refund, the User sends a request to the Owner in free form, specifying personal data, payment details and the reason for the refund. The request can be sent in any available way, including email, the feedback form in the Application, or other communication channels specified by the Owner.

4.2.7. Upon receipt of the request, the Owner verifies the payment information and, upon confirmation of the right to a refund, makes a refund within 10 (ten) business days from the date of receipt of the request in accordance with applicable law.

4.3. Cancellation of the Premium Access Subscription is possible at any time before the end of the current billing period.

4.3.1. In case of cancellation of the Premium Access Subscription, the User retains the opportunity to use it until the end of the paid period. The subscription fee for the next billing period of using the Premium Access Subscription will not be charged if you cancel it.

5. Rights and obligations of the parties.

5.1. Rights and obligations of the User.

5.1.1. The User undertakes to use the Application only for legitimate purposes, to comply with the current legislation of the Russian Federation, as well as the rights and legitimate interests of the Owner and other legitimate owners of the relevant rights and the results of their intellectual activities. All property and non-property rights to the Application remain with the Owner and other legal owners of the relevant rights.

5.1.2. When using the Application, the User is not entitled to perform the following actions:

1) copy, sell, provide for temporary use or transfer the content of the Application to a third party;

2) fraudulently circumvent, reverse engineer, modify, deactivate or otherwise interfere with the security technologies used in the Application, or facilitate such actions or incite someone to commit such actions;

3) to carry out actions aimed at destabilizing the operation of the Application, as well as to carry out any actions that violate the rights of the Owner and/or third parties.

4) to access Paid Services in a manner not provided for in this Agreement.

5.1.3. The User is obliged to take appropriate measures to ensure the safety of his account (including email addresses) and password and is responsible for all actions performed in the Application under his account (login and password), as well as for any consequences which could or did result from such use.

5.1.4. The User has no right to transfer, assign, sell, or transfer his account in the Application to third parties.

5.1.5. The legal representative of a minor guarantees that access to and use of the Application by minors (i.e. under the age of eighteen) is carried out under his control, subject to the restrictions established by the current legislation of the Russian Federation and this Agreement. Under no circumstances will an adult User provide or provide minors with access to the content of the Application intended for adult Users and prohibited from viewing by minors.

5.1.6. The User has the right to use the Application only for personal, non-commercial purposes. It is forbidden to use the Application for public display of content, including free of charge.

5.2. The rights and obligations of the Owner.

5.2.1. The Owner reserves the right to make changes to the functionality of the Application, temporarily suspend its operation or terminate the provision of the Service as a whole. Such actions may be related to technical work, updates, upgrades, or other justifiable reasons. The User's right to refund the payment in the cases provided for in this Agreement remains and does not lose its validity regardless of changes in the operation of the Application or its termination.

5.2.2. In some cases, the content of the Application may become unavailable due to restrictions imposed by companies that own licenses for such content, or for other reasons, including technical ones. In such cases, the Owner will not be responsible to the User for the unavailability of such content. In case of exclusion or replacement of content, if this happens during the subscription period for a Paid Service, the User may request either a refund of the paid cost or a reasonable replacement for the content that has become unavailable.

5.2.3. The Owner may make changes to the terms of Service. By continuing to use the App or making purchases after the new terms are published, the User automatically agrees to them.

If the User purchased Paid Services before making the changes, the new terms will still apply.:

1) to all use of the Service, including previously purchased Paid Services;

2) for all future purchases (until the next terms update).

It is recommended that the User regularly review the current version of the Agreement posted in the Application.

5.2.4. The Owner has the right to send advertising, organizational and technical messages to the User with his consent.

5.2.5. The Owner has the right, and the User agrees, to display advertisements placed in the Application and/or during the content demonstration. If the User does not agree with this clause of the Agreement, he is obliged to immediately stop using the Application.

5.2.6. The Owner has the right to set other restrictions when using the Application.

5.2.7. The Owner undertakes to provide the User with the opportunity to use the functionality of the Application.

6. Limitation of liability of the Owner

6.1. The Owner is not responsible to the User for the content and accuracy of the materials, information, content posted in the Application, as well as for the User's actions when using the Application.

6.2. The Owner is not responsible for technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of e-mail services or scripts due to technical reasons.

6.3. The Owner is not responsible for the uninterrupted operation of the Application, the termination of User access to the Application, the safety of the User's login and password; for losses incurred by Users for reasons related to technical failures in the Application.

6.4. The User is solely responsible for the safety of his login and password and for losses that may arise due to their loss or unauthorized use. The user is advised to change their password regularly.

6.5. The Owner is not responsible for any damage caused to the User and/or his property resulting from the use of the Application.

6.6. The Owner is not responsible to the User or third parties for any direct, indirect, unintentional damage, including lost profits, damage to honor, dignity or business reputation caused in connection with the use of the Application.

6.7. The Owner is not responsible to third parties for the User's violation of the terms of this Agreement.

6.8. In the event that third parties file claims against the Owner related to the User's use of the Application, the User undertakes to resolve any disagreements with third parties on his own and at his own expense, compensating, if necessary, for the damage caused.

6.9. The User is responsible for timely payment for all Paid Services provided and for providing the details of a valid credit card or other payment method in the Application.

7. Final provisions

7.1. The rights to the Application and Paid Services belong to its developer, Lime HD Limited Liability Company.

7.2. Lime HD LLC does not guarantee high video quality if the user's technical means of accessing the Internet do not meet the minimum requirements (channel width of at least 5 Mbit).

7.3. The User's relations with Lime HD LLC under this Agreement are governed by the laws of the Russian Federation, and any disputes that arise will be considered in court at the location of Lime HD LLC.

7.4. The Agreement is concluded for an indefinite period and applies to Users who have actually installed the Application and have not deleted it from their device.

7.5. For any complaints, questions or suggestions regarding the operation of Paid Services, Users can contact Lime HDI LLC by e-mail: support@limehd .tv . When filing a claim with Lime HD LLC, the User must provide documents confirming the validity of the claim, as well as indicate their credentials on Paid Services.