"Company" means the following entity: Algem Labs LTD (including, its affiliates and representative offices and any other persons created as a result of a reorganization of the Company) who own or operate the Application.
"App Content" means all items placed by the Company and/or third parties (with the Company's permission) in the App, including design elements, text, graphics, illustrations, virtual objects, videos, programs, music, sounds, information, notices and any other similar items, compilations or combinations thereof.
"Updates"means a software package for an Application containing program changes that is released by the Company from time to time, offered for free download by Users who are already using the Application, and is intended to fix Application features that are not working, fix Application errors or implement software components to make the Application more secure and compatible with devices.
"Platform" means the cloud-based platform on which the Company has placed the Application for subsequent download by the User.
"Application Software"means software developed by the Company (and/or third parties on behalf of the Company) for the Application, including, but not limited to, all software, scripts, codes (HTML codes), programs, etc.
"User" means a person who (1) uses the Application and has accessed the Services; and (2) has agreed to comply with the rules for use of the Application as set forth in the body of this Agreement by using the Application.
"Application" means the following application: ALGEM, which the User downloads via the Platform to a smartphone or other device.
"Website" - a set of graphic and informational materials, as well as programs for computers and databases, making them available on the Internet at the network address ALGEM.IO
"Services" means collectively Application Content and Application Software.
2.1 This User Agreement (hereinafter "Agreement") defines the rules and procedure for using the Application, the rights and obligations of Users, and regulates the behavior of Users when accessing the Application and the Services.
2.2 The User accepts the terms of this Agreement by continuing to use the Application or the website.
2.3 This Agreement is binding to its parties (i.e. the Company and the User). The User may assign its rights under this Agreement only after receiving prior written consent from the Company.
2.4 The User acknowledges that its agreement with the mobile network provider (the "Provider" ) will apply to the User's use of the Application. The User also acknowledges that the Provider may charge the User from time to time for data transmission services when using certain features of the Application as well as any other fees and charges arising in connection with such transmission and for which the User agrees to be responsible. If the User is not the bill payer of the Provider on the smartphone or other device used to access the Application, it is assumed that such User has obtained permission from the bill payer to use the Application.
2.5 The User is solely responsible for checking and monitoring the compliance of the installed Application with the technical features/capabilities of the smartphone or other device and/or other limitations that may be applicable to the User and/or its smartphone or other device by third parties, including the Internet Service Provider.
3.1 Users must meet the following criteria (cumulatively) in order to use the Application:
(1) be at least 18 years of age; and
(2) not be restricted in the right of access to the Application and the Services on the basis of a legally enforceable judgment or in cases stipulated by applicable law or the terms of this Agreement.
4.1 The User receives a non-exclusive, non-transferable, non-sublicensable, only for personal (non-commercial) use license to the Services (the "User License"). The User agrees not to use the Services for any other purpose. The User is granted the aforementioned User License only subject to compliance with all of the terms and conditions of this Agreement.
4.2 The User license terminates automatically when the Application is removed from the User's smartphone or other device. Nothing in the text of this Agreement shall be construed as entitling the User to obtain any other license to use intellectual property owned or possessed by the Company other than the one provided above.
4.3 The Company owns all proprietary rights, including intellectual property rights, to all Application Content and Application Software without exception. The Application Software and the Application Content are protected by copyright as provided by applicable national laws, as well as international treaties and conventions on the protection of intellectual property.
4.4 Users are prohibited from copying, reproducing, modifying, compiling, distributing, displaying in any form, publishing, downloading, transmitting, selling (in whole or in part), alienating, sublicensing, in any way distributing or using the Content and Software of the Application and Website, unless expressly permitted by the terms of this Agreement or by applicable national laws or international agreements in the relevant
4.5 Nothing in the text of this Agreement shall be construed as transferring to the User any exclusive rights to the Content or software of the Application and the Website.
4.6 The Company owns all rights with respect to trademarks, trade (business) names, brands, logos registered in its name (hereinafter "Trademarks"). Such Trademarks are protected by applicable law and nothing in the text of this Agreement shall be construed as granting a license to a User to use such Trademarks.
4.7 ALGM token - ALGEM software product, available in ALGEM mobile application and on the website algem.io . The ALGEM app and website implement mechanisms for storing, exchanging, placing ALGM token and other digital products. The current terms of placement are available on the ALGEM app or website.
4.8 The ALGEM mobile app and ALGEM website have implemented a rewards system. The current conditions for receiving rewards can be found on the ALGEM mobile app and ALGEM website platform. The mechanism of placing tokens in the app on the ALGEM website for remuneration is not a banking or financial product. The ALGM token and other software products implemented in the ALGEM App and ALGEM website are not a means of payment or securities.
4.9 ALGM token is not a currency. The Company is not responsible for any transactions with ALGM token and other tokens implemented on the Company's website and application, using third-party resources and involving third parties. ALGEM is not responsible for the transfer of tokens to other users by mistake of the User and other transactions that have occurred through the User's fault.
4.10. The exchange of tokens in the mobile application and on the ALGEM website can be carried out using wireless local data transfer protocols (AirDrop and similar technologies). ALGEM shall not be liable for any loss of tokens resulting from the User's incorrect use of data transfer protocols.
4.11. Any operations with ALGM token and other software products of the ALGEM application and website, not provided for by the functionality of the ALGEM application and website and this Agreement, are performed by the User at their own risk. The User must comply with national and international laws governing the ALGEM Application and Website.
(1) comply with all obligations assumed by the User in connection with adherence to this Agreement; and
(2) not to perform any actions (with or without means of automation) aimed at collecting any personal data of other Users; and
(3) not take any action or assist third parties in any way to undermine the Application and/or Services, including but not limited to (a) downloading viruses or malicious code; (b) taking actions that may cause the Application and/or Services to be disabled, the Application or its software to malfunction, or the appearance of the Application and/or the Application Content to degrade.
(4) not to take any other action that is unlawful, fraudulent, discriminatory or misleading.
6.1 The Company may from time to time post any promotional or marketing materials.
6.2 The Application and Website Content may contain links to third party websites and/or advertising or marketing materials about products/services provided by such third parties (collectively, "Third Party Advertising" ).
The Company is not responsible for the content of advertising materials placed in the application and on the website by third parties and for any negative consequences associated with the content of advertising materials and the use of advertised goods or services by the User.
6.3 In the case of going to another website through posted third-party Advertisements, the Company cannot guarantee that such website is safe for the User and/or its computer. Nothing in the text of this Agreement shall be construed as an assurance, encouragement, recommendation or inducement of the User to take advantage of third-party Advertisements, to visit any third-party websites, or to try, purchase, take advantage of any third-party products/services.
7.1 The Application and the ALGEM website do not provide the ability to make payments for goods/services through the Application and cannot act as a seller of goods or services.
7.2 The ALGEM token and other software products implemented in the ALGEM App and website may not be purchased or exchanged for national currencies based on the ALGEM App and website functionality. All transactions on third-party platforms using the ALGEM token do not fall under the Company's responsibility. ALGEM cannot act as an intermediary in transactions involving the exchange of ALGEM tokens and other software products for national currency and other transactions using national currency.
7.3 The ALGEM Application and website shall not be liable for any economic losses or loss of banking data associated with the use of ALGEM token on third party platforms.
8.1 The Company reserves the right to change or modify the Application Content at any time without giving any reason, at its sole discretion and without the need to notify the User. The Company also reserves the right to modify, interrupt or discontinue part or all of the Application at any time without any further notice. Therefore, the Company does not assume any liability to Users or third parties for any changes, modifications, deletions, suppression, termination or interruption of the Application.
8.2 The Company does not guarantee that the Application and the Services will be available to the User at all times. From time to time the Company may encounter hardware, Application software or other problems, which may require the Company to take time to investigate and correct such problems. Such troubleshooting may result in failures, delays or errors in the operation of the Application. Company reserves the right to change, revise, update, suspend, discontinue or otherwise modify the Application at any time or for any reason without notice. User agrees that Company shall not be liable for any loss, damage or inconvenience caused by the User's inability to access or use the Application during the downtime or termination of the Application. Nothing in the terms of this Agreement will be construed as binding the Company to keep the Application running without interruption or disruption.
8.3 The Company may from time to time provide Updates and require their installation on the User's smartphone or other device. In this case, the User is solely responsible for the installation of Updates and is fully responsible for any losses, damages or lost profits caused to the User by the late installation of Updates or failure to install them at all, incompatibility of installed Updates and smartphone/other device. The Company does not provide any technical support or Internet connection for the User to access the Services and/or Updates.
8.4 The User has the right to stop using the Application at any time by deleting it from their smartphone or other device.
8.5 If (1) the User violates the terms of this Agreement or when the Company has reasonable grounds to believe that such violations have occurred; and/or (2) violates the intellectual property rights of the Company, other Users or third parties; and/or (3) commits acts that are illegal, violate the rights and interests of the Company, other Users or third parties or undermine the operation of the Application or the ability to use the Application by other Users; and/or (4) uses the Services or the Application
Under the circumstances set forth in the preceding paragraph, User is prohibited from creating any other accounts in the Application in the future.
8.6 In all cases of deletion of the User's account or removal of the Application from the User's smartphone or other device, all data and information posted by the User in the account and/or associated with it will be irretrievably deleted. The Company does not assume any responsibility for the deletion of such data and information or for any harm, damage, losses or lost profits caused to the User by such deletion and/or lack of access to the Services in general.
9.1 If you have any questions about the terms of this Agreement or the manner/meaning of their execution, you may address your question to us in the following way:
9.2 Employees and representatives of the Company undertake to make every possible effort to respond to your request within a reasonable period of time.
10.1 The Company and its representatives shall not be liable for any property losses, lost profits or actual damages caused by the use of the application, services or other materials accessed by the user or others through the application and the website if the User violates this User Agreement.
11.1 In case of any disputes or disagreements related to the execution of this Agreement, the User and the Company will make every effort to resolve them through negotiations between them. If the disputes are not resolved by negotiation, the disputes shall be resolved in the manner prescribed by applicable national and international law in this area.
12.1 The Company may revise, amend or change the terms of this Agreement from time to time.
The Company does not undertake to notify Users of forthcoming or past changes in the text of the Agreement. By acceding to the terms of this Agreement, the User also undertakes to periodically review the terms of this Agreement for changes or additions.
If the User continues to use the Application after the changes or additions to the text of the Agreement, it means that the User is familiar with the changes or additions and has accepted them in full without any objections.
12.3 If one or more provisions of this Agreement become invalid or unenforceable under applicable law, the remaining provisions of the Agreement shall remain in full force and effect.
12.4 Access to the Application and its Services is provided to the User "as is", the Company does not guarantee that the Services and the Application may or may not be suitable for the needs, purposes and expectations of the Customer.
12.5 Unless otherwise expressly stated in the provisions of this Agreement or directly derived from the provisions of applicable law, the substantive law of the country of residence of the right holder shall apply to the terms of this Agreement.