TERMS OF USE
About Using Capitalist Application

Revised February 18, 2020 

This User Agreement (hereinafter - the Agreement) establishes the rules for the use of the Capitalist Application and concluded between the Administrator and the User.

 

1. BASIC CONCEPTS

The following basic concepts are used within the framework of the Agreement:

1.1. Administrator – Limited Liability Company «Real Transit»

(PSRN 1187746096900; ITN 9701099097).

1.2. Banking application - a personal account in the User’s bank that provides online access to the services of his bank, as well as to information about operations on bank cards and accounts.

1.3. Mobile device - a tablet, mobile phone, communicator, smartphone or other device that allows you to use the Application for its functional purpose.

1.4. User - a legally capable adult (under the laws of the Russian Federation) an individual who joins the Agreement and undertakes to use the Application in accordance with the conditions specified in the Agreement.

1.5. The Capitalist application (Application) - a computer program, the exclusive right to which belongs to the Administrator by virtue of its creation, intended for installation and use on a Mobile device.

1.6. Account - the User’s account in the Application, which is accessed by entering a combination of e-mail and the User’s password.

 

2. GENERAL PROVISIONS

2.1. The Application is designed to provide the User with the ability to manage their finances.

2.2. The Application is a platform that allows the User, within the framework of available technical capabilities, to comfortably manage his finances for personal interests.

Full responsibility for the decisions taken lies with the User.

2.3. The Application is distributed and used on a voluntary basis.

2.4. Using the Application does not guarantee any changes in the life of the User.

2.5. The Agreement is the proposal of the Administrator to the User to conclude an agreement under the conditions specified therein, and is a public offer within the meaning of Article 437 of the Civil Code of the Russian Federation.

2.6. Accession to the Agreement (acceptance of the offer) is considered to be carried out by the User, including the following:

2.6.1. Registration or authorization in the Application (including through social networks: Facebook, VKontakte, etc.).

2.6.2. Pressing the “Join” button in the registration or authorization form in the Application.

2.6.3. Downloading the Application on the Mobile device from the Google Play and Apple Store services.

2.6.4. Installing or launching the Application on the Mobile device.

2.7. If the User does not agree with the terms of the Agreement, he is obliged to stop any use of the Application.

2.8. By accepting the terms of the Agreement, the User confirms his majority and legal personality, the accuracy of the data submitted by him and assumes full responsibility for the possible failure to fulfill the Agreement.

2.9. Go through the registration procedure (having accepted the offer in the manner described in the Agreement), or entering to the Application using the existing account, the User is deemed to accept the terms of the Agreement in full, without any reservations or exceptions.

2.10. The Agreement may be changed unilaterally by the Administrator. The notification of the User about the change of the Agreement is posted in the Application.

2.11. The new version of the Agreement shall enter into force from the moment of its publication, unless otherwise specified by the Administrator.

Using the Application after the entry into force of the new version of the Agreement implied acceptance of the User and full application to him the provisions of the new version.

2.12. The Agreement applies to all subsequent updates / new versions of the Application.

By accepting to install an update / new version of the Application, the User agrees to the terms of the Agreement if the corresponding update / version of the Application does not contain a new Agreement.

2.13. The legislation of the Russian Federation applies to the Agreement, regardless of the location of the Administrator, the User or the Mobile device.

2.14. All issues not regulated by the Agreement are resolved under current legislation of the Russian Federation.

2.15. If the use of the Application is considered by the national legislation of the User as a prohibited activity or requires additional permissions, notifications, the User agrees to stop using the Application and bears the risk of non-compliance with this condition.

2.16. Upon termination of the Agreement, the User must stop using the Application.

 

3. PRINCIPLES OF USE OF THE APPLICATION

3.1. Using the Application is based on mutual respect and goodwill between the Administrator and the User.

3.2. The mobile device shall comply with the requirements for installing the Application, indicated on the pages of the Internet pages of Google Play stores and the Apple Store.

3.3. Not allowed:

3.3.1. Any scanning or testing of the Application in order to search for its vulnerabilities without the separate permission of the Administrator.

3.3.2. Copying (including downloading using third-party programs) of any information from the Application (including the text of the Agreement) in respect of which the Administrator did not provide the User with the relevant rights.

3.3.3. Commercial use of the Application without the permission of the Administrator.

 

4. PROCEDURE FOR USE OF THE APPLICATION

4.1. The Administrator gives to the User the right (non-exclusive license) to use the Application within the limits and methods specified by the Agreement.

4.1.1. The territory of the license is all countries of the world.

4.1.2. License validity period - from the date of commencement of use the Application and acceptance by the User of the terms of the Agreement until the removal of the Application from the Mobile device.

4.1.3. The license also extends to updates, additions, additional components of the Application that may be provided, or access to which may be granted by the Administrator.

4.1.4. The Administrator has the right to revoke the User’s license at any time.

4.2. The following ways of using the Application are allowed:

4.2.1. Installation and recording in the memory of the User’s Mobile device of one instance of the Application.

4.2.2. Launch and playback of the Application on the User’s Mobile device.

4.2.3. Use of the Application for its intended purpose on the terms of the Agreement.

4.3. To register in the Application, the User enters his name, gender, e-mail, the desired password to access the account.

The User has the right to use an account on a social network (Facebook, VKontakte, etc.) for registration / authorization in the Application.

Registering / authorizing through a social network, the User agrees to use the User profile data in the Application in the corresponding social network, including a photo of the User and other data.

4.4. The Administrator has the right to prohibit the use of certain accounts that violate the rights of third parties, as well as establish additional requirements to ensure proper protection of the User account (password length, valid characters, etc.).

4.5. The User is solely responsible for the security of the means chosen by him to access the account in the Application, and also independently ensures their confidentiality.

4.6. If the User wants automatically upload to the Application data on transactions made on his bank card or bank account, then he can initiate the integration of the Application with his Banking Application through the SaltEdge service (Operator: Salt Edge Inc., official website - www.saltedge.com )

4.6.1. To integrate with SaltEdge, the User enters the username and password of the Banking Application in the Application interface. By entering the username and password, the User enters into a relationship directly with SaltEdge.

4.6.2. The data specified in paragraph 4.6. of the Agreement are transferred directly to SaltEdge and are not stored in the Application.

4.6.3. By transmitting data provided in paragraph 4.6. of the Agreement, the User agrees with the SaltEdge Privacy Policy and the SaltEdge Terms of Service.

SaltEdge's security policy is located at:

https://www.saltedge.com/pages/privacy_policy ,

The SaltEdge Terms of Service are located at:

https://www.saltedge.com/pages/terms_of_service .

End User License Agreement Salt Edge: https://www.saltedge.com/pages/end_user_license_terms .

4.6.4. All data is obtained from the Banking Application in an automated manner and is described in the Privacy Policy.

4.7. The User bears all the risks of using SaltEdge.

4.8. The Administrator does not have access to funds in the User’s bank account, does not store or process information about access to online banking and other information specified in paragraph 4.6. of the Agreement.

4.9. The Administrator does not bear any responsibility for the information transmitted through the SaltEdge service.

4.10. The User agrees to receive information messages from the Administrator (including advertising) in the Application and at the email address specified in the Application.

4.11. The User agrees:

4.11.1. Do not distribute, copy, or extract any information posted in the Application, except for the one for which the corresponding permission of the Administrator has been obtained.

4.11.2. When registering in the Application, indicate your valid data, which includes the last name, first name, middle name, gender, email address.

4.11.3. Do not transfer to others the username and password that allow you to access the User account.

4.11.4. Do not change or modify the Application.

4.11.5. Follow the principles of using the Application.

4.11.6. Perform other duties required under the Agreement.

 

5. RESPONSIBILITY

5.1. The Application is provided on an "as is" basis. The Administrator is not responsible if the Application does not meet the expectations, representations of the User and his own assessment of quality and usefulness.

5.2. The Administrator is not responsible for any losses (direct, indirect, intentional, accidental and other), including real damage, loss of profit, loss of data, moral damage, damage to reputation, damage to the Mobile Device caused to the User as a result of using or the inability to use the Application , as well as the User taking actions using knowledge, abilities and skills gained as a result of using the Application, both during the term of the Agreement and after the expiration of its term, including cases when the Administrator knew or should have known about the possibility of such losses for the User.

5.3. The Administrator does not compensate for any expenses of the User associated with the use of the Application.

5.4. The Administrator is not liable for non-fulfillment or improper fulfillment of his obligations under the Agreement if such non-fulfillment or improper fulfillment was due to the inaccuracy, insufficiency or untimelyness of the information provided by the User, as well as other violations of the terms of the Agreement by the User.

5.5. The general responsibility of the Administrator is limited to the amount paid for access to the Application during the period when the dispute arose. If between the parties there are no obligations related to cash payments, then the Administrator is not responsible.

5.6. The Administrator is not responsible for restricting access to the Application due to hosting problems, DDOS attacks on the website and (or) hosting, other technical reasons beyond the Administrator’s control.

5.7. The Administrator is not responsible for any difficulties in accessing the Application, including (but not limited to) the User’s lack of access to the Internet.

5.8. The Administrator is not responsible if the technical device of the User (personal computer, smartphone, other device) does not have sufficient productive capacity, system and (or) other requirements for receiving services under the Agreement.

5.9. The User bears full responsibility to the Administrator and third parties for violating the terms of the Agreement and undertakes to reimburse the Administrator for all losses (including real damage, lost profits, government fines, losses recovered from the Administrator by third parties through the User's fault, damage caused to the good name and Administrator’s business reputation) that arose or may arise with the Administrator in connection with claims, requirements and claims against the Administrator from third parties, including accepting all the costs of conducting such disputes.

5.10. The Administrator has the right without any notice for any period at his discretion to suspend (terminate) the User’s access to the Application upon detection of a violation by the User of the terms of the Agreement.

5.11. The User bears all possible risks associated with decision-making on the basis of information received in or through the Application.

5.12. The Administrator does not guarantee any results and changes in the life of the User from using the Application.

5.13. The Administrator is not responsible for the result and usefulness of the Application and the information contained in it for the User.

5.14. The Administrator is not responsible for any changes in the material, physical or mental condition of the User.

5.15. The Administrator is not responsible for any losses of the User.

5.16. The Administrator does not control the hardware-software complexes of the systems by which payments are made as part of the use of the Application, and is not responsible for errors in their operation.

5.17. Funds made by the User as payment in the framework of using the Application are non-refundable.

 

6. PRIVACY. PERSONAL DATA

6.1. Under the Agreement, confidential information is information of any nature that has actual or potential value due to their unknown to third parties and to which third parties do not have free access legally.

6.2. The Administrator undertakes to ensure the confidentiality of information received from the User under the Agreement.

6.3. The User gives the Administrator consent to the automated, non-automated and mixed processing of his personal data, including using the Internet.

6.4. The list of processed data, goals, methods and other conditions for processing the User’s personal data are specified in the Capitalist Privacy Policy.

6.5. By accepting to the processing of personal data, the User confirms that he is familiar with the Capitalist Privacy Policy posted in the Application and fully accepts its conditions.

 

7. INTELLECTUAL PROPERTY

7.1. The Application, all its elements and components, including (but not limited to) the program code, the design of the Application, are the results of intellectual activity, the exclusive rights to which belong to the Administrator. Rights to these objects do not transfer to the User.

7.2. The User does not have the right to record, distribute, copy, sell, transfer by any other means the materials received by him in the framework of using the Application, to provide access to them to third parties.

7.3. The User may use the information received by him when using the Application only for personal non-commercial use.

7.4. The Administrator has the right to demand from the User and other persons monetary compensation for each case of unlawful use of the result of the intellectual activity of the Administrator.

 

8. DISPUTE RESOLUTION

8.1. In the event of improper fulfillment of the terms of the Agreement by one of the parties, which entailed adverse consequences for the other side, liability arises in accordance with the current legislation of the Russian Federation.

8.2. All disputes and disagreements will be resolved by the Parties through negotiations, and if agreement is not reached, the dispute is resolved in a complaint.

8.3. Claims and responses to claims are sent in the following order:

8.3.1. The User sends his claims and answers to the claims of the Administrator in paper form to the Administrator's mailing address specified in the Agreement.

The User is obliged to respond to the Administrator's claim within 10 (ten) calendar days from the date of its receipt.

8.3.2. The Administrator - sends its claims and responses to the claims of the User to the email address of the User specified during registration in the Application.

The Administrator is obliged to respond to the User’s claim within 30 (thirty) working days from the date of its receipt.

The parties agreed that all messages of the Administrator sent by e-mail of the User have legal force and are equivalent to messages in simple written form.

 

9. DETAILS OF THE ADMINISTRATOR 

Limited liability company "Real Transit".

PSRN 1187746096900.

ITN 9701099097.

Postal address 105082, Moscow, nab. Rubtsovskaya, d. 3, str. 1, pom. 1, kom. 31, of. 4.

Telephone WA: +7(995)658-59-67

Email: contact@capitalistapp.net