Agreement with a User
Version from the 7th of February 2023
This document is a license agreement for the use of software products and/or online-services of the company Music Breath, LLC (hereinafter - the Company, the Copyright holder), and is an offer to the user to come to an agreement on the conditions set out below.
1. General provisions.
1.1. This Agreement with a User (hereinafter referred to as the Agreement) grants users the right to use the Company's Software Products and/or Online Services on the terms of a simple (non–exclusive) non-transferable license on the territory of all countries of the world.
1.2. By using the Company's Software products and/or Online-services, you guarantee that:
1.2.1 you have read the terms of this Agreement and accept them in full without any exceptions and restrictions;
1.2.2 you have read the terms of the Privacy Policy and express your consent to the processing of your personal data by the Company for the purposes provided for in this Agreement and the Privacy Policy, as well as to the transfer of personal data to third parties in the cases listed in the Privacy Policy;
1.2.3. you agree with the collection and processing of data from cookies by the Company for the purposes provided for in the Privacy Policy, and the transfer of data from cookies by the Company to third parties.
1.3. In case of disagreement with the terms of this Agreement, the User have to stop any use of the Company's Software Products and/or Online-services immediately.
1.4. The terms used in this Agreement have following meanings:
1.4.1 Market of the Applications – a type of digital distribution platform for computer software used on desktop and handheld personal computers, mobile phones, communicators, and smartphones;
1.4.2 The Company's online-services – a set of Software products, access to which is provided to Users using the Company's Website, including the Company's website itself located at the https://musicbreath.com
1.4.3 Subscription – regular collection of funds for access to the Company's software products, on the terms stipulated by the subscription plan;
1.4.4 User – a person who has accepted terms of this Agreement with the Company in his own or someone else's interest in accordance with the requirements of current legislation and this Agreement;
1.4.5 Software products – computer programs owned by the Company, as well as all subsequent updates and modifications intended for use on desktop and handheld personal computers, mobile phones, communicators, smartphones.
2. Terms of Use.
2.1. Software products and online-services of the Company as a whole, and computer programs included in them or used jointly with them and other text materials, images and other objects of copyright and/or related rights, trademarks, commercial designations and brand names, as well as other parts of Software Products and/or online- services of the Company separately are protected in accordance with the current legislation and belong to the copyright holder on the exclusive right.
2.2. The use of the Company's Software products and/or Online-services is permitted strictly under the terms of this License. If the User does not accept the terms of the License in full, the User has no right to use the Company's Software products and/or Online-services for any purpose. The use of the Company's Software products and/or Online-services in violation (non-fulfillment) of any of the License terms is prohibited.
2.3. The license for the Company's Software products and Online-services under this Agreement is provided free of charge, unless otherwise specified by the Company.
2.4. Some of the Company's Software Products and Online-services may be provided under a paid license, as well as a Subscription license.
2.5. Subscription Terms
2.5.1. The Company reserves the right, at its sole discretion, to offer licenses for the Company's Software Products and Online-services under various subscription plans.
2.5.2. The Company reserves the right, at its sole discretion, from time to time to add new and exclude existing plans, as well as to change any functions or features of subscription plans.
2.5.3. Subscription plans and conditions for its implementation are indicated in the information window of the Software product displayed at launch, as well as information about paid content and automatic renewal of subscription to the Software product is contained in the information section of the Market of the Applications.
2.5.4. Information about the current subscription plan can be obtained by logging into the account management section of the device.
2.5.5. Free trial use:
2.5.5.1. Subscription can start with a free trial period. The free use period is indicated in the information window when launching the Software product.
2.5.5.2. The User acknowledges and agrees that after a free trial use of the Software product, he will be transferred to an automatically renewable paid subscription. The user can cancel the transition to an automatically renewable paid subscription in the account management section of the device before the last day of the free trial period of use.
2.5.5.3. The User who has activated the free trial period for the Software product is not granted a second right to use the free trial period.
When attempting to reactivate the free trial period, the User is automatically debited funds and an automatically renewable subscription to the Company's Software product is activated, on the terms of the subscription plan originally selected, without providing a free trial.
2.6. Automatic renewal
2.6.1 The Company automatically renews the subscription regularly and periodically on the same calendar day in accordance with the date of purchase of the initial subscription order.
Automatic renewal means:
1) regular collection of funds from the User's bank card, in accordance with the terms of the subscription;
2) upon fulfillment of the subscription conditions – automatic renewal of access to the Company's Software products.
2.6.2. The User agrees to the automatic renewal of the subscription on his device and that the terms and conditions of this Agreement will apply to all updates.
2.6.3. Automatic renewal will be performed until the User terminates the subscription by canceling it in the account management section of the device.
2.7. Subscription payment
2.7.1. The subscription is paid in advance according to the subscription plan selected by the User.
2.7.2. Payment for the selected plan will be charged regardless of how often the User uses the Software Product and when he stopped using it. The user can cancel an automatically renewable paid subscription before the end of its validity period in the account management section of the device, the balance for the paid period is not refunded.
2.8. By agreeing to the terms of this Agreement, the User confirms his legal capacity and his legal capacity, confirms the accuracy of his data and assumes full responsibility for their accuracy, completeness and reliability.
2.9. The Company offers Software products and Online-services to Users on the terms set out in the Agreement. The Agreement may be amended by the Company without special notice. The new version of the Agreement comes into force from the moment it is posted on the Website, unless otherwise provided by the new version of the Agreement.
2.10. Automatic updates
2.10.1. Periodically, the Company's Software products may interact with the software and hardware of the Copyright Holder to check for updates to the Company's software products, such as modifications of the Company's Software products, additional modules to them (hereinafter referred to as «Updates»).
2.10.2. By installing the Company's Software products, the User agrees to the possibility of making requests by them, as well as receiving and installing updates in automatic mode.
3. Rights and obligations of the Parties.
3.1. Rights of a User
3.1.1. Use of the Company's Software products
The User has the right to use the Company's Software Products for their direct functional purpose, in order to install them on a desktop or pocket personal computer(s), smartphone(s) or other devices (hereinafter referred to as «Devices»).
3.1.2. Reproduction of the Company's software products
The User has the right to reproduce Software products, copies of which are distributed by the Copyright holder, for non-commercial purposes free of charge on any Devices and other types of material media, provided that the combination, composition and content of the Company's Software products are preserved unchanged compared to how they are provided and/or recommended for use by the Copyright holder.
3.2. The User is not allowed:
3.2.1 To use Software products in violation of the rights and legitimate interests of copyright holders, third parties, this Agreement and current legislation;
3.2.2 To reproduce, distribute, process for commercial purposes Software Products, as well as elements of Software products and/or Online-services of the company that are subject to copyright of the Company or third parties.
3.3. Rights and obligations of the Company
3.3.1. The Company has the right to entrust the execution of this Agreement to third parties without the additional consent of the User.
3.3.2. The Company has the right to provide paid and free Software products to Users. Information about the conditions (program name, license price, subscription terms, payment terms) of using the Company's Software products are posted on the Market of the Applications where the Company's Software products are hosted. Information about the terms of use is governed by the terms and conditions and the Company's statement.
3.3.3. The Company has the right to restrict access to the functionality of Software products for organizational or technical reasons unilaterally until such reasons are eliminated. The Company undertakes to resolve any problems in the functioning of Software products as soon as possible, and in the absence of such an opportunity to notify by any available means.
3.3.4. In order to improve and increase the stability of the Software products, the Company has the right to collect, store and process statistical information about the User's use of Software products.
4. Liability of the parties.
4.1. The Company's software products and/or Online-services are provided on an «as is» basis, and therefore the User is not provided with any guarantees that: they will meet the User's requirements; they will be provided continuously, quickly, reliably and without errors; the results that can be obtained using them will be accurate and reliable; all errors will be corrected.
4.2. All information and/or advertising materials posted in the Company's Software products and/or Online-services are provided by third parties. The copyright holder is not responsible for the accuracy of information and/or advertising materials of third parties, the availability of their websites and their content, as well as for any consequences associated with the use of information and/ or advertising, as well as third-party websites.
4.3. Since the Company's Software products and/or Online-services are at the stage of constant addition and updating of new functionality, the form and nature of the services provided may change from time to time without prior notice to the User. The Copyright holder has the right, at its sole discretion, to terminate (temporarily or permanently) the provision of the Company's Software products and/or Online-services (or any individual parts of the products or functions of the services) to all Users in general or to an individual User in particular, as well as to change or revoke the license without prior notice.
4.4. The User is responsible for any violation of the obligations established by this Agreement and (or) applicable law, as well as for all consequences of such violations (including any losses that the Copyright Holder and other third parties may incur).
4.5. The Copyright holder reserves the right to prosecute violators of exclusive intellectual property rights in accordance with the current legislation at its discretion.
5. Final provisions
5.1. This Agreement, the procedure for its conclusion and execution, as well as issues not regulated by this Agreement is governed by current legislation.
5.2. All disputes under the Agreement or in connection with it are subject to consideration in state court at the location of the Copyright holder in accordance with applicable procedural and substantive law.
5.3. This Agreement may be amended or terminated by the Copyright holder unilaterally without prior notice to the User and without payment of any compensation in this regard.
5.4. The current version of this Agreement is posted on the Copyright Holder's website and is available on the Internet at https://musicbreath.com
5.5. According to the text of this Agreement, the Company means Music Breath, LLC, PSRN (1165476092660), location: 630090, Russia, Novosibirsk, Inzhenernaya street, 4a, suite 713