END-USER AGREEMENT FOR THE BLINK SERVICE

This End-user agreement (hereinafter referred to as the “ Agreement ”) governs the relationship between Max Klimchuk , hereinafter referred to as the "Administration", and by you, hereinafter referred to as the "User", on the use of the Service, known under the commercial name "Blink - a card with friends" (hereinafter referred to as the " Service ").

Terms used in this Agreement
1. Administration – Developer Max Klimchuk, which provides the opportunity to use the Service to Users and distributes, operates, maintains, administers the Service.
2. User – a person of 12 years old who has the necessary legal capacity to enter into this Agreement, who has a sufficient amount of rights, who, in accordance with this Agreement, is given the opportunity to use the Service within the limits provided for in this Agreement. The User is a Party to this Agreement.
3. Service – Blink mobile application, the main functionality of which is the ability to track the location of the User's friends and communicate with the Users among themselves. The Service may also implement other functions. The functionality of the application does not include the placement of publicly available information on the Internet by Users and the transmission of electronic messages to an indefinite number of persons.
4. Content – design elements, illustrations, graphics, photographs, stickers, scripts, texts, videos, music, sounds and other objects (files) placed in the Service, which may be intellectual property or not have legal protection. The Content may be uploaded and the exclusive rights to it may belong to the Administration or may be uploaded by the User and the exclusive rights to which may belong to the User or third parties.
Conditions and procedure for accession to this Agreement
1. Before starting to use the Service, the User is obliged to read this Agreement, as well as the Privacy Policy, which is located at https://blinkmap.com/privacy.
2. The use of certain functionality of the Service may be subject to additional terms and conditions that will supplement the terms of this Agreement (hereinafter referred to as the "Terms", and together with the terms of this Agreement and the Privacy Policy, referred to as the "Applicable Rules").
3. The condition for using the Service is the unconditional consent of the User with all Applicable Rules.
4. The User's acceptance of this Agreement is carried out by the User's active actions (by registering / authorizing by phone number or through an Account on a social network), which, within the meaning of Art. 435 and 438 of the Civil Code of the Russian Federation stipulates the acceptance of the offer of the Administration.
5. With each use of the Service, the User agrees to the terms of the Applicable Rules in the edition that was in force at the time of actual use of the Service.
6. The User can register/authorize in the Service by phone number (by sending a confirmation code to the phone number specified by the User), as well as through the User's social network account. The User agrees that when registering/authorizing in the Service through an Account on a social network, the Administration gets access to certain information of the User from the Account on a social network, publishes and stores it in the Service.
Subject matter of the Agreement
1. Under this Agreement, the Administration provides the User with access to the Service and the information posted in it, to the extent specified by this Agreement. This access is provided by the Administration to the User free of charge, unless otherwise provided by special sections of this Agreement or additional agreements to it.
Rights, obligations and guarantees of the User
1. The User has the right to use the Service solely for personal needs. In particular, the User undertakes not to perform the following actions: (1) extract information from the Service, reverse engineer, decompile, reverse assemble, modify, duplicate, create copies, create derivative works, distribute or provide to other persons software or other information, available, obtained or extracted from the Service or any part thereof (2) block, disable or otherwise interfere with any advertising or other features that are an integral part of the Service.
2. The User has the right to use the functionality of the Service only for lawful purposes, including sending instant messages to persons who are users of the Service and included in the User's address book (hereinafter referred to as the "Users"), upload Content to the Service and disclose it to the Users selected by the User and implement other functionality of the Service, subject to the restrictions provided in this Agreement and the provisions of applicable law. In particular, the User may not: (1) violate the intellectual property rights of any person when uploading/sending the Content; (2) enter/send offensive information; (3) send unsolicited bulk instant messages; (4) use the data of another person with the intent to impersonate that person; (5) use the Service to intentionally collect and extract information about a particular person or group of persons.
3. In case of uploading to the Service and / or sending Content through the Service, the rights to the Content are reserved by their copyright holders (which may be both the User and third parties). At the same time, the User undertakes, when uploading Content to the Service, the exclusive rights to which belong to a third party, to obtain consent from such a person to use his Content to the required extent. Otherwise, the User is responsible for the use of the Content without the consent of the copyright holder and undertakes to settle all claims and disputes that may arise in connection with the use of the Content in the Service without the consent of the copyright holder.
4. User warranties. The User hereby warrants that:
  - has the appropriate legal capacity to enter into this Agreement, incl. to use and upload Content to the Service in the prescribed manner.
  - The User will use the Service only for lawful purposes and in accordance with this Agreement or any other applicable laws.
Rights and obligations of the Administration, limitation of liability of the Administration
1. The Administration has the right, at its discretion, to change, update, supplement, restrict or terminate the provision of access to an individual User or a group (all) of Users (Users) to the Service or any part thereof, including, without limitation, any version of the software installed on the computer (if applicable ) or the User's mobile device, at any time, temporarily or permanently, without notice, for any reason or no reason (hereinafter referred to as " Updates "). At the same time, the User agrees to bear the risks and release the Administration from liability for all, without exception, the impact that the Updates may have on the ability to use the Service (in whole or in part) to communicate with third parties or on their ability to communicate with the User.
2. The Administration has the right to restrict access to the Content or delete the Content in the Service, including if the User commits actions that violate the laws of the Russian Federation or the provisions of this Agreement; in case of presentation of relevant requirements by law enforcement agencies and other third parties; if the Content is a virus program, or violates the rights (including copyright) of third parties, if the User, when using the Service, has committed other actions that violate the laws of the Russian Federation or the provisions of this Agreement;
3. The Administration has the right (1) to make comments to the Users, warn, notify, inform them about the User's non-compliance with this Agreement. Instructions of the Administration given to the User during the process of using the Service are obligatory for execution by the User; (2) take measures not prohibited by law to protect their own intellectual property rights in relation to the Service, as well as in relation to other intellectual property of the Administration (such as a logo, trademark, etc.).
4. The Administration has the right to (1) independently decide on the procedure for placing advertising in the Service, participating in affiliate programs, including/changing Content in the Service, etc.; (2) to send to Users messages that are notifications of the introduction of new or cancellation of old functions of the Service, containing information about the functions of the Service, about affiliate programs, etc.
5. In terms of providing the opportunity for the User to interact with other Users, including providing the User with the opportunity to independently perform certain actions within the Service, the Administration acts solely as a person who organized the technical possibility of such interaction. The transfer, storage and provision of access via the Internet and the software of the Service to the information provided by Users, graphic images and other Content related to such interaction are carried out without influence on the process of such interaction by the Administration, except as otherwise provided by applicable law.
6. The Administration has the right to use the Content uploaded by the user for advertising or research purposes, including an image ( avatar ) and/or username, or a similar account identifier, including transferring this Content to third parties.
7. DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. ADMINISTRATION MAKES NO WARRANTY AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FUNCTIONALITY, FITNESS FOR A PARTICULAR PURPOSE, FOR IS EXCLUDED TO THE CASES WHEN SUCH WARRANTIES CANNOT BE EXCLUDED BY LAW. THE ADMINISTRATION DOES NOT REPRESENT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY OR RELIABILITY OF THE SERVICE AS SOFTWARE EXCEPT IN THE CASES WHEN SUCH WARRANTIES CANNOT BE EXCLUDED BY LAW. THE ENTIRE RISK ASSOCIATED WITH THE RESULTS AND QUALITY OF THE SOFTWARE IS ASSURED TO THE USER.
8. Administration does not warrant or guarantee that all versions of the software will be provided with the same quality and level of service, features, functions and availability. The Administration does not warrant or guarantee that (1) any program or information will be free from infection by viruses, worms, "Trojan horses" (Trojans) or will not have other infected or destructive properties; (2) the information available on or through the Service will not contain Content that some individuals may find objectionable; (3) The Service will operate uninterrupted or error-free; or that (4) deficiencies in the operation of the Service will be corrected. The User is solely responsible for isolating the software and information, using anti-virus software and taking other measures to ensure that the software or information, if infected, does not damage the User's information or system.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE ADMINISTRATION BE LIABLE TO ANY PARTY FOR THE FOLLOWING: (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION HIM, FOR DAMAGES DUE TO LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, etc.), OR FOR ANY OTHER DAMAGES ARISING IN ANY WAY ARISING FROM AVAILABILITY, USE, INABILITY TO USE THE SOFTWARE, EVEN IF AN ADMINI STRATION HAS BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF THE ACTION, WHETHER WHETHER IN CONTRACT, TOTAL OFFENSE OR OTHERWISE; ( ii ) FOR ANY REQUEST RELATED TO DELAYS, ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE INFORMATION, OR IN CONNECTION WITH THE DESTRUCTIVE PROPERTIES OF ANY INFORMATION; ( iii ) FOR THE TRANSFER OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGES ARISING OUT OF OR ARISING FROM IT, OR FOR THE RESULTS OBTAINED AS A RESULT OF THE USE OF THE INFORMATION.
Territory and duration of the Agreement
1. The User has the right to use the Service in the ways described in this Agreement throughout the Russian Federation, as well as other territories where it is available using standard computer tools and programs.
2. This agreement shall terminate if:
  1. The Administration will decide to change the provisions of this Agreement, the need to conclude a new agreement with the Users, terminate this Agreement in relation to the User, terminate the administration and maintenance of the Service and terminate access to it or terminate access to the use of the Service in relation to the User;
  2. The User will decide to terminate the use of the Service by sending a notification to the Administration;
  3. The Administration has the right at any time without notifying the User and without giving reasons to terminate this Agreement unilaterally out of court with the immediate termination of access and the ability to use the Service and without reimbursement of any costs, losses or return received under the Agreement, including in the case of:
3. The Administration has the right at any time without notifying the User and without explaining the reasons to suspend access and the ability to use the Service (including in the case of planned and emergency work carried out by the Administration) without reimbursement of any costs, losses or refunds received under the Agreement, including in the case of any, including a single, violation by the User of the terms of this Agreement.
Final provisions
1. This Agreement may be changed by the Administration without any prior notice. Any changes to the Agreement made by the Administration unilaterally come into force on the day of publication of such changes. Using the Service after making changes to the Agreement, the User agrees to the new version of the Agreement.
2. The invalidity of one or more provisions of the Agreement, recognized in the prescribed manner by a court decision that has entered into force, does not entail the invalidity of the agreement as a whole for the Parties. In the event that one or more provisions of the Agreement are recognized invalid in the established manner, the Parties undertake to fulfill the obligations assumed under the Agreement as close as possible to those implied by the Parties when concluding and / or agreed to amend the Agreement in a manner.
3. This Agreement and the relationship of the Parties in connection with this Agreement and the use of the Service are governed by the laws of the Russian Federation.
4. With regard to the form and method of concluding this Agreement, the norms of the Civil Code of the Russian Federation governing the procedure and conditions for concluding an agreement by accepting a public offer are applied.
5. All disputes of the parties under this agreement shall be resolved through correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach an agreement between the parties through negotiations within 60 (sixty) calendar days from the moment the other Party receives a written claim, the dispute must be submitted by any interested party to the court at the location of the Administration (with the exception of the jurisdiction of the case to any other courts).
6. For questions related to the implementation of the Agreement, please contact eula@blinkmap.com .
  
  Publication date: 06/20/2023