License Agreement
This license agreement (hereinafter referred to as the "Agreement") regulates relations between AIVA Limited Liability Company, TIN 5902059121 (address: 3rd Naberezhnaya Str., 42, room 8, Perm, Perm Territory, 614013), hereinafter referred to as the "Licensor", and the Service User (hereinafter referred to as the "User").
In accordance with Article 435 of the Civil Code of the Russian Federation, this Agreement, is concluded by placing an offer addressed to individuals who have reached the age of 14 years old, subject to its further acceptance by the User.
The User accepts the terms of the Agreement and expresses full and unconditional agreement with it by pressing the appropriate button during the registration process.
If the User uses the Service without registration, or in the form and to the extent available without registration, it aslo means that the User agrees with the terms of this Agreement.
If the User accepts the terms of the Agreement as described above, it shall be considered the full and unconditional consent of the User to the terms of the Agreement (offer acceptance).
In accordance with Article 428 of the Civil Code, the Agreement is an accession contract and can be accepted by the User solely by accession to the Agreement as a whole.
Compliance with the terms of the Agreement is a necessary condition for enabling the User to use the Service.
The Licensor reserves the right to make amendments to this Agreement without any special notice. The new version of the Agreement shall come into force from the moment it is posted on the Internet at: https://e-size.com/legal. The current version of the Agreement is always available at the above address.
1. Terms used in the Agreement
1.1. Service is an interactive application, including, but not limited to, a set of computer programs (including generated visual means, such as interfaces and graphic images) and databases, functionally designed to help Users determine foot linear dimensions (foot length and width in cm or inches) based on photographic images (made according to the instructions posted in the Service) in order to select the required shoe size, and has some other features.
1.2. Licensor is AIVA Limited Liability Company, which has the right to use the Service and transfer it for use to Users.
1.3. User (Service User) is an individual who uses the service and who has reached the age of 14 years old.
1.4. License Agreement (Agreement) is the text of this agreement between the User and the Licensor that regulates all the necessary and essential terms of the agreement. Compliance with the terms of the License Agreement is an essential condition for using the Service.
1.5. Web-site is the site located on the Internet at: https://e-size.com.
The Service website contains information that is mandatory for the User to review, including announcements about possible preventive maintenance, software updates, etc. The User must independently regularly review the Website of the Service in order to get information about the schedule of preventive maintenance, the availability of updates and other announcements that may affect the User's access to the Service.
1.6. User Profile is a User account that becomes available to the User after registration and contains information necessary to use the Service, availability of Service updates, and other information hereunder.
1.7. Information owner is a person who independently created information or has received the right to allow or restrict access to information determined by any characteristic features under law or agreement.
2. Subject Matter of the Agreement
2.1. The Licensor shall grant the User the right to use the Service on the terms of a simple (non-exclusive) license within the limits specified herein.
Unregistered Users shall be granted access only to limited functions of the Service. Access will be granted to all Service functions after registration.
2.2. The Licensor shall grant the User the right to use the Service in order to obtain data for selecting the required shoe size based on foot images (photos) taken in accordance with the instructions posted on the Service web-site.
The Licensor hereby declares that it suggests using a bank card to make foot photos only as an object that has the same international standard (parameters) around the world. The use of a bank card is suggested with the sole purpose of determining the foot size. Therefore, the Licensor urges the Users to hide the bank card data.
2.3. The User may use the Service free of charge.
2.4. This Agreement regulates the use of the Service functions and all relations between the User and the Company related to the use of the Service functions.
2.5. The User that uses any Service functions expresses his/her unconditional consent to all the terms of this Agreement and undertakes to comply with them. If the User disagrees with any of the conditions, he/she must immediately stop using the Service.
2.6. The Service is intended for personal, family, household and other needs of the User not related to business activities. The User shall not use the Service for commercial purposes.
3. Rights and obligations of the User
3.1. The User shall independently ensure the secrecy of his/her password and other data, the disclosure of which may lead to negative consequences for the User. The User shall be solely liable for all risks and losses that may arise in connection with this.
3.2. The User shall use the Service solely for the personal, household, family or other business purposes not related to business. The User shall not use the Service for commercial purposes.
3.3. Since photos and other images posted by the User as an avatar when creating an account, and uploaded directly for using the Service functions (to measure the foot size), are considered an object of intellectual property protected by applicable law, the Licensor shall not claim to receive the exclusive right to these photographs and shall not request the User to grant such right to the Licensor.
However, the User shall grant the Licensor a non-exclusive, perpetual, royalty-free, worldwide license to store, use, display and distribute the photos and other images posted by the User as an avatar when creating an account.
The User shall also grant the Licensor a non-exclusive, perpetual, royalty-free, worldwide license to process the photos provided by the User to use the Service functions (to determine the foot size).
3.4. The User hereby agrees that in case of violation of his/her obligations, the Licensor shall be entitled to terminate the rights (license) granted to him/her to use the Service at any time and/or restrict the User's access to the Service by other means.
3.5. The User shall not:
3.5.1. Post any texts and images that may insult human dignity, promote violence, contain pornography, drugs, racial or national hatred, etc.;
3.5.2. Use the Service in any way that may interfere with the normal Service functioning;
3.5.3. Upload, publish, transmit, otherwise make available to the public, including by using the User's name (nickname) and other parts in the Service, send in personal messages (hereinafter referred to as posting) any information and/or statements that contain threats, discredit or insult other Users or third parties, are or may be considered vulgar, obscene, offensive, are of a fraudulent nature, infringe on personal or public interests, promote racial, religious, ethnic hatred or enmity, and contain any other information that offends the honor and dignity of a person, violates the generally accepted norms of morality and ethics, or violates the human rights protected by law;
3.5.4. Misinform other Users about their identity by using other person's account, intentionally misrepresent themselves, their age, or their relationship with other persons or organizations;
3.5.5. Post propaganda materials, distribute spam, chain messages (messages requiring their transmission to one or more users), post pyramid schemes or calls to participate in them, or any other intrusive information;
3.5.6. Post addresses, phone numbers, email addresses, passport details and other personal information of other Users or any third parties (including their personal images);
3.5.7. Post any files (or links to such files) that contain or may contain viruses and other malware;
3.5.8. Perform actions in any way that allow access to someone else's account against the will of the person to whom it belongs (by guessing a password, hacking, or other actions);
3.5.10. Post any information that violates the exclusive rights of Users or third parties to intellectual property (including images, photos, etc.);
3.5.11. Post any other information that, in the Licensor's opinion, may be considered undesirable, or does not correspond to the Service purposes, or infringes on the Users' interests, or is undesirable for posting in the Service for other reasons;
3.5.12. Post obscene and/or swear words and/or phrases, or use such words/phrases in the User's name (nickname);
3.5.13. Use in the User's name (nickname) any words and/or phrases (written in any world language in any transliteration, regardless of case (lowercase and/or capital letters), regardless of design and font), which can mislead other users of the Service regarding the such User's authorities and/or rights to manage (moderate) the Service (or individual Service sections and/or functions, and/or content). Below are the examples of words/phrases that shall not be used in the User's name (nickname) to illustrate the rule specified in this clause. User names and/or nicknames that are prohibited: "Administrator", "Moderator", "Service name", "Service name.online", "LLC COMPANY NAME", any other words/phrases that are derivatives of the above listed words, and any other words/phrases described in this clause of the License Agreement;
3.5.14. use the information of other Users in order to establish contact with them for commercial purposes, send advertising messages or threats that may distress them.
3.6. The User, as the owner of information in accordance with Article 6 of the Federal Law No. 149-FZ of July 27, 2006 shall allow and transfer access to all information posted on the Service to the Licensor. The Licensor shall be entitled to exercise this right e.g. in case of a claim issued by one User against another.
The Licensor shall have access to the content of the Users' correspondence and have the right to store, use and disclose such contents in cases prescribed by law, or in cases where the Licensor in good faith believes that the preservation or disclosure of such contents is reasonably necessary for:
3.6.1. complying with legal proceedings;
3.6.2. responding to claims issued by other Users or third parties.
3.7. The Licensor shall also be entitled to use measures such as automatic algorithms for detecting violations (or attempts to violate) when using the Service to detect and suppress such violations.
3.8. The Parties have agreed that the User shall not report on the use of the Service.
3.9. Due to the Licensor's costs for the administration of accounts, the User shall create just one (1) personal account in the Service.
3. Rights and obligations of the Licensor
4.1. The Licensor shall make every effort to prevent failures, but shall not be liable for temporary technical failures and service interruptions, regardless of the reasons for such failures or interruptions.
4.2. The Licensor shall regularly improve the hardware and software used to render the services. The Licensor, however, by no means guarantees that the Service software contains no errors, or that the hardware will never fail and will always function uninterruptedly.
4.3. The Licensor shall not be liable for losses or other damage incurred by the User as a result of his/her unqualified actions, or the actions of third parties.
4.4. The Company shall be entitled to ban the accounts of Users who illegally use the data of other persons or otherwise violate the General Conditions of the Service.
5. Limitation of Licensor's Liability
5.1. The Service shall be provided on an "as is" basis. Therefore, the User shall not be given any guarantees that the Service will meet the User's expectations listed below:
– access to the Service will be provided continuously, quickly, reliably and without errors;
– the results that may be obtained using the Service will be accurate and reliable;
– the Service quality, as well as the quality of information and other content obtained using the Service will meet the User's expectations;
– all Service software errors will be corrected.
5.2. Therefore, the User hereby agrees that the data obtained as a result of using the Service on the foot length and width (in cm or inches) in order to select the required shoe size are advisory, but not mandatory. The Licensor shall not be liable to the User for any incorrect measurements made using the Service, or for purchases made on the basis of such data.
5.3. Since the Service is regularly improved and its functions are updated, the Licensor shall update the Service without prior notice to the User. The Licensor shall be entitled, at its sole discretion, to terminate (temporarily or permanently) the operation of certain Service functions to all Users in general or to a certain User without prior notice.
5.4. The Licensor shall in no way be associated with the materials (texts, images) posted by the Users in the Service (hereinafter referred to as the "content"), and shall not verify the content, authenticity and safety of these materials, their compliance with the requirements of the applicable law, and whether the Users have the necessary amount of rights to use them.
5.5. Any person who creates content and (or) posts it on the Service shall be solely liable for the content and its compliance with the requirements of applicable law.
5.6. The Licensor hereby draws the User's attention to the fact that the bank card data and other confidential information of the User or third parties displayed in the photographs provided by the User for using the Service will not be collected or processed by the Service. This information is in no way required for using the Service functions, therefore the Company kindly asks the Users not to disclose such information. The User shall be solely liable for disclosing such information and its use by other Users or third parties.
5.7. The User shall be solely liable for any violation of the obligations established hereby and (or) by applicable law, and for all consequences of such violations (including losses or damage that may be incurred by the Licensor and/or third parties).
5.8. The Licensor shall reserve the right to remove any content from the Service without giving reasons, or temporarily restrict access to it.
5.9. The Licensor shall reserve the right to ban the User's account if the User breaches the terms of this Agreement and/or legal requirements.
5.10. In the event of any claims of third parties regarding the violation of any property and / or personal non-property rights of third parties, or the violation of prohibitions or restrictions established by law, the User shall reimburse the Licensor for the damage caused in full.
5.11. The Licensor shall not be liable for the User's lack of access to the Internet, for the quality of services provided by the Internet service providers with which the User has concluded internet access agreements.
5.12. The Licensor shall not be liable for any direct or indirect damage and lost profits of the User or third parties caused as a result of:
5.12.1. use or inability to use the Service;
5.12.2. unauthorized access of any third parties to the User's personal information;
5.12.3. deletion of the User's account.
6. Miscellaneous
6.1. By accepting the terms of this Agreement, the User confirms his/her consent to the processing of information about his/her name, surname, gender, age, mobile phone number, and other personal data by the Licensor.
The User's personal data shall be processed in accordance with the Personal Data Processing and Protection Policy located at: https://e-size.io/legal, which is an integral part of this Agreement.
6.2. This Agreement and the relations of the Parties shall be governed by the law of the Russian Federation.
6.3. All disputes hereunder shall be settled by the Russian courts in accordance with the general rules of jurisdiction.
6.4. The Licensor shall be entitled to amend this Agreement (or any of part thereof) without any special notice. The new version of the Agreement shall come into force from the moment it is posted at: https://e-size.io/legal.
6.6. The Users may send their questions about the Agreement to e-mail: support@e-size.ru
6.7. You hereby confirm that you have read, understood and fully agree with all the terms of the License Agreement.
7. COMPANY DETAILS:
AIVA Limited Liability Company
TIN 5902059121, OGRN (Primary State Registration Number) 1205900023064
Registered address: 3rd Naberezhnaya Str., 42, room 8, Perm, Perm Territory, 614013
E-mail: info@e-size.ru