1.1. Individual Entrepreneur Skurikhin Valeriy Stepanovich (hereinafter referred to as Entrepreneur) offers a participant of beta program (hereinafter referred to as the “Beta-tester”) to use its Tillo.App (hereinafter referred to as the Application).
1.2. These Terms of use (hereinafter referred to as Terms) shall form a supplement to the Beta program agreement governing the use of the Application and relationship between Entrepreneur and beta-tester (including its affiliated persons and(or) employees). In any other respects not covered by these Terms and(or) in case of any differences or discrepancies between the mentioned documents the relations between Entrepreneur and Beta-tester in connection with the use of the Application shall be governed by Beta program agreement.
1.3. To use the Application via mobile devices, the Beta-tester may use Tillo.App Application for mobile devices (hereinafter jointly referred to as the Programs).
1.4. By starting to use the Application and(or)its individual functions, the Beta-tester shall be understood to have accepted these Terms as well as the terms and conditions of all the documents referred to in these Terms above, to the full extent and without reservations and exceptions. If the Beta-tester does not accept any of the terms and conditions of the abovementioned documents, the Beta-tester may not use the Application.
1.5. These Terms may be amended by Entrepreneur without any special notice; a revised version of the Terms shall take effect from the moment of its publication on the Internet at the address given below in this clause, unless otherwise specified in such revised version of the Terms. The effective version of the Terms shall be available at all time at www.tillo.app.
1.6. If the Beta-tester does not accept any of the amendments made by Entrepreneur to these Terms in the manner set forth in 1.5 above, the Beta-tester shall stop using the Application.
2.1. The Application shall be used via an account created by Beta-tester and(or) by Entrepreneur. The Beta-tester is warned and agrees that its login (account name) and(or) data for First Name, Last Name, Gender, Name, e-mail address, mobile phone number, Google and(or) Apple ID and(or) any other information specified by Beta-tester when registering (using) such a login along with the image from its profile page (Beta-tester icon) and the e-mail address can be displayed and made available to third parties, inter alia, in the Application log, as well as the location of the Beta-tester obtained using GPS (depending on the settings enabled on the device of the Beta-tester), when the Beta-tester provides or gains shared access to the data, when the Beta-tester posts comments on the page with the shared data, when the Beta-tester sends the message to another Beta-testers and when the Beta-tester invites third parties and accepts invitations from third parties, as well as in other cases of using the Application in the framework of beta program.
3.1. Standard features of the Application shall be used by the Beta-tester for no compensation.
3.2. Use of the Application shall be only possible given the availability of the Internet access. The Beta-tester shall obtain and pay at his discretion for such access on the terms and according to the rules of the Beta-tester’s service or Internet access provider.
3.3. According to the general rule, the Beta-tester’s identification shall be made based on the Beta-tester’s account. Entrepreneur has the right to use other data for the Beta-tester’s identification.
4.1. The Beta-tester shall determine at his discretion the manner in which to use the Application and shall be responsible for its use. The Beta-tester shall be responsible for the compliance of the content of any file placed by the Beta-tester with the requirements of the effective legislation, specifically, the rules of the international law, including liability to third parties in cases when placement of a file by the Beta-tester infringes rights and legal interests of third parties.
4.2. When using the Application, the Beta-tester shall refrain from placing such data and performing such actions as may be prohibited to be placed and performed in accordance with applicable legislation and(or) the Beta program agreement.
4.3. Entrepreneur has the right to block access to Beta-tester’s files and(or) data placed by the Beta-tester, or to delete such files, and to transfer the Beta-tester’s data obtained in connection with the Application to third parties in any of the following cases:
4.3.1. If Entrepreneur is obligated to do so by virtue of a regulatory act and(or) any requirements of the effective legislation;
4.3.2. If Entrepreneur receives from a third party a complaint, claim, inquiry, demand or any other notice stating that placement of a file and(or) data has infringed the third party’s rights or the effective legislation;
4.3.3. If placement of a file and(or) data threatens the normal work of the Application;
4.3.4. If Entrepreneur receives a judicial act or an act issued by a law enforcement body, which obligates Entrepreneur to do so;
4.4. Entrepreneur reserves the right to limit the Beta-tester’s access to the Application (or to individual functions of the Application if technically possible) by using the Beta-tester’s account or to fully block the Beta-tester’s account in case of any breach and(or) repeated breach of these Terms and(or) the documents referred to in these Terms.
4.5. Entrepreneur reserves the right to set any rules, limits and restrictions (technical, legal, organizational or other) to the use of the Application as well as to change them at its discretion without any prior notice to the Beta-tester. In cases when allowed by the legislation, such rules, limits and restrictions may differ for different Beta-tester categories.
4.6. The Beta-tester has no right to transfer to third parties, for compensation or for no compensation, his rights and(or) obligations in accordance with these Terms and(or) the documents referred to in these Terms.
5.1. The Application enables the Beta-tester to distribute data by granting shared access (i.e. file and(or) data access shared by several users of the Application) or public access to a file and(or) data (i.e. file and(or) data access granted to all users of the Internet knowing the file’s and(or) data’s address which is a link).
5.2. When using the Application’s functions specified in 5.1. hereof and(or) any other functions of the Application, the Beta-tester shall act in good faith and refrain from any misuse of the said functions. In addition, the Beta-tester shall refrain from arranging any mass file-sharing through the Application’s functions. Entrepreneur may apply regulations, limits and restrictions so as to prevent, restrict or terminate any mass file-sharing as prescribed by 4.4. hereof.
6.1. Entrepreneur shall take all reasonable measures and perform all practicable actions to ensure the integrity of the Beta-tester’s data and maintain the Application available to use. The Beta-tester is aware that there may be technical faults and failures in the operation of the Application and agrees that for Entrepreneur it is technically impossible to predict such faults and failures, to notify the Beta-tester of them in advance or to fully exclude them. Regardless of the reasons and consequences, the occurrence of such faults or failures may not be the basis for subjecting Entrepreneur to any sanctions.
6.2. Entrepreneur is under no obligation to moderate, view, edit or control the files and(or) data placed by the Beta-testers through the Application and provides no warranty that the files and(or) data placed by the Beta-testers through the Application do not breach provisions of these Terms, legal acts and other documents. The Beta-tester acknowledges and agrees that Entrepreneur is under no obligation to view any data placed and(or) distributed via the Application. The Beta-tester is aware and agrees that the Beta-tester shall assess at his discretion all the risks associated with the use of the data placed in the Application including evaluation of reliability, completeness, safety, legality or utility of such data.
6.3. Any data obtained with the use of the Application shall be used by the Beta-tester at his own risk, and the Beta-tester shall be liable at his discretion for possible consequences of the use of such data, including for damage that may be caused to the Beta-tester’s PC or mobile device or to third parties, for loss of data, infringement of rights or any other damage. Entrepreneur bears no liability for any type of damages resulting from the use or unavailability of the Application or its individual parts and(or) functions, including due to possible errors or failures in its operation, except in cases expressly stipulated by the legislation.
6.4. Irrespective of the Beta-tester’s location or the location of the Beta-tester’s equipment, any and all relations in connection with the use of the Application shall be governed by the law of the Singapore and any and all claims or lawsuits arising out of the use of the Application shall be submitted and considered at a court in Singapore.
6.5. Entrepreneur may furnish the Beta-tester with a translation of these Terms from English into other languages, but in case of conflict between the English version of the Terms and its translation, the English version shall have legal effect.
6.6. Any and all questions, requests and claims related to the use and(or) unavailability of the Application, shall be forwarded to [email protected].
6.7 Any and all questions, requests and claims related to the potential infringement of the legislation and(or) third party rights, shall be forwarded to [email protected].
Last revision: 06 February 2020
