The current version is from August 10, 2024.
The terms used in this Agreement
The Linkmeter service is an Internet resource that is a collection of information and intellectual property objects contained in an information system (including a computer program, database, graphical interface design, etc.), which is accessed from various user devices connected to the Internet through Software Applications or Website functions.
Content — images, text, audio and video materials, as well as messages of any kind contained on the Website and/or in the Software Application;
The User is an individual who accepts the terms of the User Agreement, has full legal capacity, and has his own mobile device with a mobile device phone number assigned to it.
Software Application (Application) is software for computing devices, installed or downloaded by the User to computing devices using various software platforms, designed to access the Linkmeter service.
The operator is a state body, a municipal body, a legal entity, or an individual, acting alone or in conjunction with other legal entities that belong to its group, who organize and/or process personal data, determine the purposes for processing personal data, the composition of data to be processed, and the actions (operations) performed on personal data, including collection, recording, systematization, accumulation, storage, refinement (update, modification), retrieval, use, transfer (distribution, access), de-identification, blocking, erasure, and destruction. The operator may carry out personal data processing both automatically and manually.
The destruction of personal data refers to actions that make it impossible to recover the content of the data in a personal data information system, or actions that result in the physical destruction of the material carrier of the personal data.
Personal data is any information the user provides about themselves during account registration or authorization, as well as during subsequent use of the application. The personal data system is a collection of personal information stored in databases and using information technologies and technical tools to process it.
Depersonalizing personal data makes it impossible to identify the person to whom the information belongs without additional information.
Personal data processing includes any action or set of actions performed on personal information, including collecting, recording, organizing, storing, updating, extracting, using, transferring, depersonalizing, blocking, deleting, or destroying personal data.
1.1 This User Agreement ("Agreement") governs the relationship between LLC Trilain, a legal entity registered and operating under the laws of the Russian Federation with OGRN 1077764561654 (hereinafter "Service" or "Linkmeter") and an individual who has entered into this Agreement to use the applications (hereinafter, "User").
1.2 The launch of the application means the user's full and unconditional acceptance of all terms of this agreement and implies the conclusion of a contract for the use of the application under the terms of this user agreement with respect to services for iOS and Android operating systems, as well as operating systems for personal computers (hereinafter referred to as "the agreement", "user agreement", a link to the agreement means a link to the corresponding paragraph of this user agreement). The territory of application use is the entire world. The user assumes the risk of failure to fulfill this obligation in full, including undertaking to reimburse the service provider for all losses incurred by the service provider in connection with the user's failure to comply with these terms (including penalties, compensation payments, fines, etc.).
1.3 This Agreement is a publicly available document that can be accessed on the internet at: www.linkmeter.net/agreement.
1.4 If you have any questions, comments, or concerns about the content, functionality, or operation of the Application, or if you believe your rights or interests have been violated, or if there is a legal requirement, please contact us at info@trxline.ru.
1.5 This Agreement has been prepared in accordance with Russian legislation. Any matters not covered by this Agreement will be resolved in accordance with applicable Russian laws and regulations.
2.1 The User agrees to comply with the terms and conditions of this Agreement in good faith.
2.2 The User is solely responsible for the information they disseminate through the Application.
2.3 The User shall not use the Application to violate the rights or legitimate interests of copyright holders, the administration of the service, third parties, this agreement, or the laws of the Russian Federation.
2.4 The User will not mislead other users or third parties through the use of the Application.
2.5 The User accepts all risks associated with any errors or inaccuracies in their data.
2.6 The User may not take any of the following actions without prior written consent from the Service Administration: granting rights to the application to any third party in any way.
The Company prohibits the following actions:
- Modifying, creating, improving, translating into other languages, performing engineering analysis (including for reproduction purposes), decompiling, reverse-assembling, decoding, emulating, violating the integrity of the security system, restoring or attempting to restore the source code or protocols of a mobile device, the application, or any of its parts or functionality, unless otherwise provided by applicable law.
- Deleting, hiding, and modifying notices about the company's exclusive rights posted in the mobile application.
The company also prohibits reproducing the design elements or user interface of the application independently or with the help of third parties, as well as using the application, any of its parts, or functionality as part of commercial products, services, or offers.
2.7 The User of the Application does not have the right to make any changes, publish, copy, transfer to third parties, participate in the sale or assignment, create derivative products, or otherwise use the content of the Service, partially or completely, without the written permission of the Service Administration.
2.8 The User agrees not to use any automatic or other programs to access the Linkmeter service without the written consent of the Service Administrator. It is also prohibited to use, distribute, copy, and/or extract any materials or information (including comments, photographs, etc.) from the Linkmeter service, either manually or automatically (using software), without the permission of the Service Administration.
2.9 The User agrees to independently monitor the relevance of this User Agreement, which may be subject to changes, including additions. It is the responsibility of the User to ensure that they are aware of the current terms and conditions of the Agreement. Applications may be updated, and the User agrees to track these updates and install any updated versions on their Mobile device. If the Application is not up-to-date, the incorrect operation and any adverse consequences are the responsibility of the User.
2.10 By agreeing to this Agreement, the User acknowledges their rights and legal capacity.
2.11 The User understands and agrees that they use the Service at their own risk. This means that all Products, materials, and information provided by the Service are "as is" and without any guarantees or warranties.
2.12 The User agrees not to use the Service in violation of the rights and interests of other users, subscribers of telecommunication network operators, and the laws of the Russian Federation, including:
- Posting materials containing insults, defamation, obscenities, pornography, or other content that is contrary to moral standards;
- Materials that promote or glorify cruelty, terrorism, or violence that violate human dignity;
- Content that does not comply with Russian law or links to websites or other resources that contain such content;
- Information and materials that threaten, discredit, or insult other users or third parties;
- Fraudulent content that infringes on personal or public interests;
- Material that promotes racial, religious, or ethnic hatred or hostility;
- Any other content that violates human or civil rights protected by Russian law.
Do not engage in any form of propaganda or agitation that incites social, racial, national or religious hatred, hatred towards individuals with non-standard sexual orientations, or propaganda that promotes war, social, racial, national, religious, or linguistic superiority.
Do not promote or describe criminal activity, nor post instructions or manuals on how to commit crimes.
Also, do not post or share any restricted access information (confidential data) through the application unless you are authorized to do so.
Furthermore, avoid distributing spam, message chains, pyramid schemes, or calls to join them, as well as other intrusive information via the application.
Additionally, refrain from posting messages, images, photos, or other materials that may damage or harm the honor, dignity, or business reputation of individuals or organizations.
Do not share personal data, such as home addresses, phone numbers, email addresses, passport information, or other personal information about other users or individuals, through the application without their prior permission.
Do not upload or share the results of your intellectual activity, including musical compositions with or without lyrics, literary works, paintings, graphic designs, audiovisual content, computer programs, photographs, phonograms (sound recordings), performances recorded in phonograms, or other similar copyrighted works or related rights, which may be presented in an interactive format (hereinafter referred to as “Content”), unless you have the legal rights to do so.
Additionally, do not share Content that contains images of individuals through the application without their consent, unless it is permitted by the laws of the Russian Federation.
3.1 The Service Administration has the right to provide the User with information about the operation of the Application, including advertising, informational, and other messages within the Application.
3.2 The Service Administration may edit or delete content that does not comply with the current legislation of the Russian Federation or this Agreement and may harm the Service or third parties.
3.3 The Service Administration reserves the right to assign the rights and responsibilities under this Agreement to a third party in order to fulfill the Agreement without the need for additional consent from the User.
3.4 The Service does not assume any liability for errors, omissions, disruptions, deletions, faults, delays in data processing or transmission, communication failures, theft, destruction, or unauthorized access to User content posted on the Service.
3.5 The Service Administration shall not be responsible for any technical issues or other problems with telephone networks, services, computer systems, servers, providers, computer equipment, telephone equipment, or software, including but not limited to failures of email services or scripts, due to technical reasons.
3.6 The Service Administration also shall not be held responsible for any damages to the user's or third-party's computer or mobile devices, as well as any other hardware or software that may be caused by or associated with the downloading of materials from the Application or links posted on the Application.
3.7 In no circumstances will the Service Administration or their representatives be held liable to the User or any third parties for any indirect, accidental, or unintentional harm, including loss of profits or data, harm to honor, dignity, or business reputation, caused in connection with the use of the Service or the content of the Service or other materials accessed through the Service by You or others, even if they were warned or advised of the possibility of such harm.
3.8 The Service Administration has the right to collect and use technical data and related information, including but not limited to technical data about external devices as well as the software on the User's device, system, and application. This information can be used to improve the Service Administration's products or services, provided that the User cannot be identified. The Service may collect the following data: model, operating system, version, IP address, statistics on the use of the application, cookies, and parameters.
3.9 The Service Administration can process the User's personal data and share it with third parties to fulfill this agreement and resolve claims related to it.
3.10 By agreeing to this User Agreement, the user grants their informed and voluntary consent to participate in promotional, advertising, marketing, and other events related to the service, its partners, and third parties. The service administration has the right to provide information about the application's operation to the user via push notifications, as well as send its own or third-party informational, promotional, or other messages. The user also has the right to opt out of receiving notifications in the application by disabling the feature in their mobile device settings.
3.11 The Service Administration may provide both paid and free services to users. The Service Administrator will inform the user about the terms and conditions of paid services by providing relevant information about the services in the application (name, cost, and payment details).
3.12 The Service Administrator has the right to restrict access to the service if the user violates the terms of this user agreement.
3.13 The Service Administration reserves the right to unilaterally terminate this agreement at any time due to organizational or technical issues, preventing the user from using the service.
3.14. To prevent violations of the User Agreement and/or damage to the company (for example, DDoS attacks, unauthorized use of the company's software, including downloading data from the service, etc.), the company has the right to restrict access to the Megabitus service for users or third parties by blocking access from specific IP addresses or ranges of IP addresses.
3.15. The service administration is not responsible for the accuracy of information copied from other sources.
3.16. The service administration is not liable for any discrepancies between the services expected by a user and those actually provided.
3.17. The service provider is not responsible for services provided by third parties.
3.18. In the event of force majeure situations (hostilities, state of emergency, natural disasters, etc.), the Service Administration cannot guarantee the safety of information posted by users, as well as the continuous operation of the information resource.
3.19. The application may contain links to or provide access to third-party websites on the internet, and the content posted on these websites is the result of the intellectual activity of third parties and is protected under the laws of the Russian Federation. These sites and their content are not checked by the service administration for compliance with Russian legislation.
3.20. The service administration is not responsible for any information or content posted on third-party sites that users access through the application, including, but not limited to, opinions or statements made on these sites.
3.21. The user acknowledges that upon clicking on a link within the application that leads to a third-party website, their relationship with the service administration is terminated, and this agreement does not apply going forward. The service administration is not responsible for any information posted on these third-party sites, the user's use of content, or the legal status of such use or the quality of content posted on these external websites.
3.22. It should be noted that the service administration does not promise or guarantee the accuracy, timeliness, or completeness of information obtained through the application. Products may contain errors or inaccuracies.
3.23. Additionally, the service administration cannot provide any representation or guarantee regarding the timeframe for resolving issues or addressing consequences reported by users.
3.24. The third parties with whom the Service Administration cooperates under the agreements do not provide any explicit or implicit guarantees or conditions regarding the products of the service used by you. They are not responsible for any lost profits, lost income, data loss, financial loss, or indirect, special, incidental, punitive, or exemplary damages, unless specific guarantees have been provided by the specified individuals.
3.25. The Service Administration does not accept responsibility for:
- Non-compliance of service products with the actual goals of the user;
- Any damage related to the use of service products;
- Actions of other users of the service's products, including non-compliance with these terms of use and/or other legal documents by users;
- The quality and/or timeliness of product and service provision.
For not providing services, information, or properties from other users of the service and/or third parties.
4.1 The Agreement is governed by and interpreted in accordance with the laws of the Russian Federation and is valid for all Users. Any issues not covered by the Agreement will be resolved in accordance with Russian legislation. The current version of the Agreement was developed by the Operator based on Federal Law No. 152-FZ dated July 27, 2006 "On Personal Data" (as amended and supplemented on July 22, 2017).
4.2 The Operator has the right to process personal data without informing the authorized body responsible for protecting the rights of individuals on the basis of Article 2, paragraph 2, and Article 22 (paragraph 2) of Federal Law No. 152-FZ of July 27, 2006.
4.3 The Agreement may be modified unilaterally by the service administration without prior notice to the user. The updated version of the agreement becomes effective from the moment it is published in the annex. When changing the current version, the date of the latest update is indicated.
4.4 In case of any disputes or disagreements regarding the execution of this agreement, the user and the service administration will make every attempt to resolve them through negotiation between them. If the disputes are not settled through negotiation, they will be resolved in an appropriate court in compliance with the procedure established by current legislation of the Russian Federation.
4.5 This agreement becomes effective for the user from the moment they launch the application. This agreement is valid indefinitely.
4.6 This agreement is written in Russian.
4.7. If any of the terms and conditions of this agreement are declared invalid, it will not affect the validity or enforceability of the remaining terms and conditions.
4.8. This agreement has been drafted in accordance with the laws of the Russian Federation. Any issues not covered by this agreement will be resolved in accordance with Russian law.