This End-User License Agreement (hereinafter — the "Agreement", "EULA") is entered into between You (hereinafter — the "User") and KLIMOV & Co LLP (BIN: 260440020318, hereinafter — the "Licensor") with respect to the software — the mobile and web application of the "Tuc-Tuc" messenger (hereinafter — the "Application", "Licensed Application").
By installing, downloading or using the Application, the User confirms that they have read, understood and accept the terms of this Agreement. If the User does not agree with the terms, use of the Application must be discontinued.
1. Grant of License
1.1. The Licensor grants the User a limited, non-exclusive, non-transferable, revocable license to use the Application on any device owned or controlled by the User, in accordance with the usage rules of the respective application store (Apple App Store, Google Play).
1.2. The license is granted solely for personal, non-commercial use for the Application's intended purpose — exchanging messages and calls.
1.3. The Application is licensed, not sold. All rights not expressly granted to the User are reserved by the Licensor.
2. Restrictions
The User undertakes not to:
- copy, modify, decompile, disassemble or reverse-engineer the Application, except where expressly permitted by applicable law;
- rent, sell, sublicense, distribute or otherwise commercially exploit the Application;
- remove or alter any copyright or trademark notices;
- use the Application in violation of the Terms of Service or applicable law.
3. Intellectual Property
3.1. The Application, its source code, design, the "Tuc-Tuc" trademarks and related documentation are the intellectual property of the Licensor and/or its licensors and are protected by copyright law.
3.2. The Application is built on the open Matrix protocol and uses open-source components; the respective rights and licenses are reserved by their rights holders.
4. User Content
The User retains the rights to the content they create. The procedure for processing content and personal data is described in the Privacy Policy.
5. Disclaimer of Warranties
5.1. The Application is provided "AS IS" and "AS AVAILABLE", without any express or implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.
5.2. The User is notified that this is an MVP version: end-to-end encryption (E2E) is not enabled, federation is disabled.
6. Limitation of Liability
To the maximum extent permitted by law, the Licensor shall not be liable for any indirect, incidental or consequential damages related to the use of or inability to use the Application. Aggregate liability is limited in the manner set out in the Terms of Service (§7).
7. Term and Termination
7.1. The Agreement remains in effect until terminated. The User's rights terminate automatically upon breach of any term of this Agreement.
7.2. The User may terminate the Agreement by deleting the Application and their account (see Account Deletion).
8. Special Terms for Applications from the Apple App Store
The following terms apply to the instance of the Application downloaded from the Apple App Store and are required by Apple's guidelines:
- Parties. This Agreement is concluded solely between the User and the Licensor, and not with Apple. Apple is not responsible for the Application and its content.
- Scope of License. The license is limited to a non-transferable license to use the Application on Apple devices that the User owns or controls, in accordance with the App Store Terms of Use.
- Maintenance and Support. The Licensor alone is responsible for maintenance and support. Apple has no obligation to furnish any maintenance and support services.
- Warranty. The Licensor is solely responsible for any warranty obligations. In the event that the Application fails to conform to any warranty, the User may notify Apple, and Apple will refund the purchase price (if applicable); otherwise Apple has no warranty obligations.
- Product Claims. The Licensor, and not Apple, is responsible for any claims of the User or third parties relating to the Application (product liability, failure to conform to requirements, violation of consumer protection or data protection rights).
- Intellectual Property Rights. In the event of a third-party claim that the Application infringes its IP rights, the Licensor, and not Apple, is responsible for the investigation and settlement.
- Legal Compliance. The User represents that they are not located in a country subject to a U.S. government embargo and are not listed on any U.S. list of prohibited or restricted parties.
- Contacts. For matters relating to the Application, contact:
danil@klimov.company, KLIMOV & Co LLP, 10/2 Zhitomirskaya St., Almaty, Republic of Kazakhstan. - Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of this Agreement and have the right to enforce it against the User.
9. Terms for Applications from Google Play
Use of the Application downloaded from Google Play is also governed by the Google Play Terms of Service. Google is not a party to this Agreement and is not responsible for the Application.
10. Governing Law
This Agreement is governed by the laws of the Republic of Kazakhstan. Disputes are resolved in the manner provided by the Terms of Service (§10).
11. Contacts
Licensor: KLIMOV & Co LLP, 10/2 Zhitomirskaya St., Almaty, Republic of Kazakhstan. Email: danil@klimov.company. Technical support: gpowork@gmail.com.