TERMS OF SALE

Saint Petersburg, Russia

March 15^th, 2021

General Provisions
1. In accordance with Articles 428, 435, 43, and 1286 of the Civil Code of the Russian Federation a private entrepreneur Ekaterina Mikhailovna Golubeva (hereinafter referred to as the Administration) by publishing or sending this terms of sale, offers to each individual who has expressed consent to the conditions set forth in this terms of sale in the manner specified in it (hereinafter referred to as the User) conclude a non-exclusive license agreement to use the software product «Sudoku classic | Free puzzle game | Easy sudoku» and «Bricks 1010 Puzzle Free» (hereinafter referred to as the Game) posted on the Internet on the website http://www.astradia.com and available for download through mobile stores applications — Google Play, App Store and any others at the choice of the Administration on the terms set forth below (hereinafter referred to as the Agreement).
  Based on Article 438 of the Civil Code of the Russian Federation, the Agreement is concluded in a summary procedure by the User accepting this Agreement.
2. The proper acceptance of this Agreement in accordance with Article 438 of the Civil Code of the Russian Federation is considered the User taking all the listed actions:
  - — the User familiarising himself/herself with the terms of this Agreement and the Privacy Policy published on the Internet at http://astradia.com/privacy-policy/, as well as the Terms of Use published on the Internet at http://astradia.com/terms-of-use/;
  - — the User actually using the Game (acceptance of the Terms of Use);
  - — the User taking actions to pay for the Additional features of the Game in accordance with clause 3.3 of this Agreement.
3. Acceptance of this Agreement is a confirmation that all and any terms of the Agreement are accepted by the User entirely and completely without any reservations and restrictions, while the acceptance of the Agreement confirms that the User understands all the terms of the Agreement, and also confirms that the terms of the Agreement are fully consistent will, needs, and requirements of the User.
  Acceptance of this Agreement by the User is a proper informed consent to receive advertising messages and messages of other kind from the Administration within the Game and with its help.
4. The Agreement may be amended by the Administration without any special notification, the new version of the Agreement comes into force from the moment it is posted on the Internet at the address specified in this clause unless otherwise provided by the new version of the Agreement. The current edition is always on the page at http://astradia.com/terms-of-sale/.
5. In this Agreement, unless otherwise directly follows from its text, the following words and expressions will have the following meanings:
  - «Offer» is this offer containing within the meaning of clause 2 of Art. 437 of the Civil Code of the Russian Federation, all the essential terms of the license agreement, expressing the will of the Administration to conclude such an agreement on the conditions specified in the Offer with any legal entity or individual who wants to. Further, the Offer also means the Agreement itself.
  - «Agreement» is an agreement containing essential and other terms of the license agreement, recognized as concluded at the time the Administration receives the User’s Acceptance.
  - «Acceptance» is a response of any individual about the full and unconditional acceptance of the Offer/Agreement.
  - »Administration» is a private entrepreneur Ekaterina Mikhailovna Golubeva, OGRNIP (Primary State Registration Number of the Individual Entrepreneur) 318784700276751, INN (Tax identification number) 781438336415, with a registered office in: Saint Petersburg, being the owner and copyright holder of the exclusive rights to the Game.
  - »User» is any individual who has shown an interest in the Game by actually using the Game.
  - «Game» is a computer program which is a set of data, commands and audiovisual displays generated by it, activated sequentially to obtain a certain result by the User provided for by the Game logic, without paying a fee or after paying a fee, posted on the Internet on the Internet at http://www.astradia.com and available for download through mobile application stores — Google Play, App Store and any others at the choice of the Administration.
  - »Basic features» is a set of data, commands and audiovisual displays generated by it, activated sequentially to obtain a certain result by the User provided by the Game logic without a fee to be paid.
  - »Additional features» is a set of data, commands, and audiovisual displays generated by it, activated sequentially to obtain a certain result by the User provided by the Game logic after a payment has been made.
  - «Terms of Use» is an agreement regarding the Administration providing to the User the right to use the Game on the terms of a simple free non-exclusive license. This agreement applies to the User only if the Basic features are used.
  - «Privacy Policy» is the policy of processing personal data by the Administration.
6. All other terms and definitions found in the text of this policy are interpreted by the Parties in accordance with applicable law, current recommendations (RFC) of international standardization bodies on the Internet, and the usual rules for the interpretation of relevant terms on the Internet.
7. Terms and definitions used in this Agreement can be used both in the singular and in the plural, depending on the context, the terms can be spelled both in uppercase and lowercase letters.
8. The names of the headings (articles), as well as the design of this document, are intended only for the convenience of using the text of the Agreement and have no literal legal value.
Subject Matter of the Agreement
1. Under this Agreement, the Administration grants the User the rights to use the Game under the terms of a simple non-exclusive license within the limits determined by this Agreement and the Terms of Use published at http://astradia.com/terms-of-use/ and exclusively for personal non-commercial use.
2. The User obtains the right to use the Basic and Additional features of the Game under the terms of this Agreement.
3. The rights to the Basic features of the Game are granted to the User on the basis of obtaining the rights to use the Game under the terms of a simple non-exclusive license at no cost.
4. The rights to the Additional features of the Game purchased by the User for a fee (hereinafter referred to as the «Fee») include the following options:
  1. an increase in the number of in-game elements in the Game including the game currency «Virtual Coins»;
  2. disabling the display of advertising materials on the web page of the Game, in accordance with clause 5.11 of this Agreement.
5. Paying a fee is not a necessary condition for the User to use the Game and is optional exclusively at the request of the User.
6. The User undertakes to accept the granted right to use the Game on the specified conditions, as well as the right to use the Additional features on the terms of the selected cost specified in the Price List posted in the interface of the Game and option, in accordance with clause 2.2 of the Agreement, and pay the Administration a fee, if the remuneration is provided for by the terms of this Agreement.
7. Distributions (copies) of the Game are not transferred to the User on a tangible medium, since the Game is used through the computing resources of the Administration.
8. The provision of a non-exclusive license for the right to use the Game does not require the drawing up of a separate document regarding the provision. A non-exclusive license is deemed to have been granted upon the User’s accession to the terms of this Agreement, the moment the Game starts being used. This clause is considered by the Parties to be equivalent to the act of granting a non-exclusive license.
9. The right to use the Game provided under this Agreement does not include the right to conclude sublicense agreements.
10. The right to use the Game provided to the User under this Agreement implies the right to receive regular updates of the Service within one version (minor updates of the current release which are not a new version) and new versions of the Service (major updates, new releases which are a new version), during the entire term of this Agreement in case such updates are issued by the Administration.
11. This Agreement does not provide for the transfer of intellectual property rights of the Administration (or part thereof), except for a non-exclusive license which is granted on the basis of this Agreement. Nothing in this Agreement constitutes an assignment of intellectual property rights of the Administration or a waiver of these rights on the basis of applicable law.
12. The right to use the Game on the basis of a simple (non-exclusive) license granted on the basis of this Agreement remains in effect until revoked by the User.
Fee
1. The User is for free granted the right to use the Game under the terms of a simple (non-exclusive) license within the features of the Game.
2. The User is granted the right to use the Additional features on the terms of the selected option and scope of rights, in accordance with clause 2.2 — 2.4 of this Agreement.
3. The cost of the game currency «Virtual money» in the Game is the following:
  - 1) 20 coins – watching a video including an advertising video proposed by the Administration;
  - 2) 30 coins – 0, 99 euros;
  - 3) 165 coins – 3,99 euros;
  - 4) 450 coins – 8, 99 euros;
  - 5) 1500 coins – 19, 99 euros.
4. It costs 2.99 euros to remove advertisements in the Game.
5. In the event of payment for the Additional features, the User’s funds are converted into euros, according to the value in clauses 3.3, 3.4 of this Agreement, in accordance with the current exchange rate at the time of payment.
6. Payment for the Additional features is made by payment using third-party payment systems that are acceptable when paying through Google play (using credit and debit cards; using a mobile operator’s account by phone number; QIWI wallet; Paypal) and acceptable when paying through Apple store (using credit and debit cards; using a mobile carrier account by phone number; Apple ID balance; Apple pay).
7. Calculation of the term for granting rights to the Additional features of the Game starts from the moment (date) of receipt of funds to the account of the Administration.
8. All fees and taxes, as well as other costs associated with the execution of this Agreement, shall be borne by the Parties independently in accordance with the current legislation of the Russian Federation. The amount of remuneration is not subject to VAT due to the application of the simplified taxation system by the Administration.
9. The Administration is not responsible for the correct fulfillment by the User of the payment conditions and the requirements of payment systems.
10. The User is obliged to keep the documents confirming the payment during the entire period of the User’s use of the Game and, at the request of the Administration, provide him with such documents.
11. The User independently and at his own expense bears all the costs associated with the transfer of funds and payment in accordance with, including various fees and commissions of banks and payment system operators.
12. The User receives the rights to use the Additional features after the payment of the amount stipulated by the Agreement and after the Administration has reflected the game currency in the form of «Virtual Coins».
13. The obligation of the Administration to provide the User with the rights to use the Additional features of the Game is considered fulfilled by the Administration at the moment it reflects the game currency in the form of «Virtual Coins» in the Game used by the User.
14. Before receiving confirmation of payment, the Administration has the right not to grant the User the right to use the Additional features.
15. The right to use the Additional features is provided to the User for the term of this Agreement unless such right is terminated earlier.
16. Payment is made by the User based on the price list posted in the Game interface.
Terms of the License Agreement
1. The Administration, which has the exclusive right to the result of intellectual activity (Game) and to the means of individualization (company name, trademark and service mark, commercial designation), has the right to use such a result or such a means at its discretion in any way that does not contradict the law. The Administration can dispose of the exclusive right to the result of intellectual activity or to a means of individualization.
2. he Administration may, at its discretion, allow or prohibit other persons, including Users, from using the result of intellectual activity or means of individualization. The absence of a prohibition does not count as consent (permission).
3. Other persons cannot use the corresponding result of intellectual activity or means of individualization without the consent of the Administration, except for the cases provided for in this Agreement. The use of the result of intellectual activity or means of individualization, if such use is carried out without the consent of the Administration, is illegal and entails liability established by Russian legislation, except for cases when the use of the result of intellectual activity or means of individualization by persons other than the Administration, without its consent is allowed by the Civil Code Russian Federation.
4. The Administration can dispose of its exclusive right to the result of intellectual activity or to a means of individualization in any way that does not contradict the law and the essence of such an exclusive right, including by granting the User the right to use the corresponding result of intellectual activity or means of individualization within the limits established by the contract (license agreement).
5. The conclusion of a license agreement does not entail the transfer of exclusive rights to the User.
6. Under the license agreement, one party — the Administration, as the owner of the exclusive right to the result of intellectual activity or to a means of individualization, grants the other party — the User the right to use such a result or such means within the limits provided for by the contract.
7. The User can use the result of intellectual activity or a means of individualization only within the limits of those rights and in the ways provided for by the license agreement. The right to use the result of intellectual activity or means of individualization, which is not directly indicated in the license agreement, is not considered granted to the User.
8. Granting the right to use the result of intellectual activity or means of individualization under a license agreement is not subject to state registration.
9. The period for which the license agreement is concluded does not exceed the period of validity of the exclusive right of the Administration to the result of intellectual activity or to the means of individualization and the term of this Agreement. In case of termination of the exclusive right, the license agreement is terminated.
10. Under the license agreement, the User undertakes to pay the Administration the Fee stipulated by the agreement.
11. Under a license agreement, the Administration grants the User the right to use the result of intellectual activity — the Game under the terms of a simple non-exclusive license.
Rights and Obligations of the Administration
1. The Administration guarantees that it has all legal grounds for providing the User with the right to use the Game under this Agreement. All rights to the Game and its constituent components belong to the Administration or to other copyright holders who have granted the Administration a non-exclusive license with the possibility of sublicensing including under an open license (LGPL, BSD, MIT, etc.).
2. The Administration undertakes to make all reasonable efforts to ensure the stable operation of the Game, its gradual improvement, and correction of errors in the operation, however, the Game is provided to the User »as is». This means that the Administration:
  1. does not guarantee the absence of errors in the operation of the Game;
  2. is not responsible for the continuous operation of the Game and its compatibility with software and hardware of the User and other persons;
  3. is not responsible for causing any losses that have occurred or may arise in connection with or while using the Game;
  4. is not responsible for non-fulfillment or improper performance of its obligations due to failures in telecommunication and energy networks, malicious programs, as well as dishonest actions of third parties aimed at unauthorised access and (or) disabling the Administration’s software and (or) hardware complex.
3. The Administration guarantees the operation of the Game provided that the User uses new up-to-date versions of operating systems: Google Android (version 4.4.2 and later) and Apple iOS (version 9 and later).
4. The Administration undertakes to ensure the User’s rights to the Game provided in accordance with this Agreement.
5. The Administration undertakes to provide the User with the right to use the Game on the condition of a free non-exclusive license.
6. The Administration has the right at any time, unilaterally and without prior notice to the User to limit, expand or change the content of the Game, as well as to suspend the Game.
7. The Administration has the right to update the required characteristics of operating systems on the technical means of the User. In this case, in order to continue using the Game, the User shall have to download a new updated version of the operating system on the User’s hardware.
8. The Administration reserves the right to refuse to grant the User the rights to use the Game without giving any reason, and at any time to suspend, limit or terminate this Agreement unilaterally.
9. The Administration has the right to immediately block the User’s ability to use the granted rights to the Game if the User violates the terms of this Agreement or if the Administration considers the User’s actions to be fraudulent or aimed at damaging the Game, undermining the reputation or brand of the Administration.
10. The Administration has the right to send in any way organisational and technical information, information about the operation of the Game, as well as post advertising, informational and other messages inside the Game, and by accepting the terms of this Agreement, the User confirms the consent to this.
11. The Administration has the right to post advertising and/or other information in any section of the Game, to interrupt the Game with advertising information which the User agrees to in this Agreement. The Parties agreed to consider this clause as the User’s prior consent to receive advertising in accordance with Article 18 of the Federal Law No. 38-FZ «On Advertising» dated March 13, 2006. In accordance with clauses 2.4, 3.3 of the Agreement, the User has the right for a fee to suspend the advertisement and / or other information for a certain period and for a certain cost specified in the Price List published in the interface of the Game.
12. The Administration has the right to process the User’s personal data and transfer it to third parties for the purpose of executing this Agreement and resolving claims related to the execution of this Agreement in accordance with the Privacy Policy located at http://astradia.com/privacy-policy/, and also in accordance with the legislation.
13. The Administration has the right to transfer the rights and obligations under this Agreement to third parties in order to execute this Agreement without the additional consent of the User.
Rights and Obligations of the User
1. The User has the right to use the Game in the ways not prohibited by this Agreement and the applicable international and Russian legislation in accordance with its purpose and within its features.
2. In case there are any technical problems in the Game, the User has the right to contact the Administration to clarify the situation and take the necessary measures.
3. The User has the right to have his/her personal data kept safe, as much as it depends on the Administration in accordance with the applicable international and Russian legislation.
4. The user undertakes to properly comply with the terms of this Agreement and the current legislation of the Russian Federation, as well as the rights and legitimate interests of the Administration.
5. The User undertakes not to use the Game or its parts for any other purpose other than for purposes related to personal non-commercial use.
6. The User is obliged to refrain from taking actions aimed at destabilising the operation of the Game, making attempts to unauthorised access to the Game, its parts, and code, as well as from performing any other actions that violate the rights of the Administration or third parties.
7. The User undertakes not to try to disable or otherwise interfere with any technical protection of the Game.
8. The User agrees not to try to change or modify any part of the Game.
9. The User undertakes not to use the Game in ways not provided for in this Agreement.
10. The User undertakes to ensure protection of all his devices (used for accessing the Game) against viruses and other malicious programs.
11. The User undertakes to compensate for losses (real damage/lost profits) and/or for violation of the exclusive rights of the Administration to the Game.
Liability
1. A Party failing to properly fulfill its obligations under this Agreement is obliged to compensate the other Party for the losses caused by such failure.
2. The User is aware of the most important functional properties of the Game in respect of which the rights of use are granted. The Administration is not responsible for the Game’s non-compliance with the User’s expectations and needs, for the improper operation of the Game on the User’s equipment, as well as for any losses, damage, regardless of the reasons why they occurred (including, but not limited to, special, incidental or consequential damage, losses associated with lost profits, interruption of commercial or production activities, loss of business information, negligence, or any other losses) arising from the use or inability to use the Service.
3. The Administration shall under no circumstances be liable under the Agreement for the impossibility of using the Game at certain intervals of time established by the Agreement, as well as the objective impossibility of the search engine operation (interruptions in operation of public Internet resources, preventive work, actions and orders of state bodies to eliminate violations etc.)
4. Parties shall not be liable for partial or full failure to perform obligations under this Agreement if it was caused by force majeure circumstances of extraordinary nature. Such circumstances could not reasonably be expected at the time of conclusion of this Agreement in order to avoid or overcome them. Force majeure circumstances include military operations (declared or actual war), civil unrest, mass diseases (epidemics, pandemics, etc.), strikes, blockades, natural disasters (earthquakes, floods, hurricanes, etc.), fire, terrorist acts, sabotage, traffic restrictions, prohibitive measures by states, the prohibition of trade operations, including with individual countries, due to the adoption of international sanctions, as well as disconnection of data centres located in Russian Federation from the global Internet and blocking of servers or connections by supervisory authorities.
5. Force majeure circumstances do not include, in particular, entrepreneurial risks, such as violation of obligations by the obligor’s counter-parties, lack of products necessary for the fulfillment of obligations on the market, lack of necessary funds from the obligor, as well as financial and economic crisis, change in the exchange rate, devaluation of the national currency, or criminal acts of unidentified persons.
6. In the event of force majeure circumstances specified in this chapter, each Party shall immediately notify the other Party in writing. The notice should contain data on the nature of the circumstances, as well as official documents proving the existence of these circumstances and, if possible, giving an assessment of their impact on the ability of the Party to fulfil its obligations under this Agreement.
7. In other cases, the Parties shall be liable under the civil legislation of the Russian Federation for failure to properly fulfill obligations under this Agreement.
Dispute Resolution Process
1. All disputes connected to the Agreement shall get settled in accordance with the legislation of the Russian Federation.
2. In case of a dispute, the party will take measures for its pre-trial settlement by sending a written claim (demand) to the other party.
3. Any claims (demands) of the User shall be sent to the Administration by an electronic message in the ways described in the sections «Legal communication» and «Agreement between the Participants of Electronic Interaction» of this Agreement. The Administration is not responsible and does not guarantee answers to claims sent to it in another way.
4. The Administration undertakes to review the claim within 10 (ten) business days and send a response in the same way as the claim was received. At the same time, the Administration does not consider the claims of the Users, whom it is not possible to identify on the basis of the data provided by them during Registration (including anonymous claims). If the User does not agree with the reasons given by the Administration in response to the claim, the dispute settlement procedure is repeated.
5. If the parties are unable to settle the dispute in an out-of-court procedure, then it can be submitted for resolution by the state court at the location of the Administration after 30 (thirty) calendar days from the date of the initial claim (demand), for resolution in accordance with the requirements of Russian law.
Final Provisions
1. This Agreement, its conclusion, and execution are governed by the current legislation of the Russian Federation. All issues that are not regulated by the Agreement in accordance with this Offer/Agreement or that are not fully regulated shall get settled in accordance with the legislation of the Russian Federation.
2. All disputes and disagreements between the parties shall be resolved through negotiations if possible, and if no agreement is reached through negotiations, in court at the location of the Administration.
3. If the court recognises any provision of this Agreement invalid or not subject to compulsory execution it does not lead to the invalidity of its other provisions.
Details
- Private entrepreneur Ekaterina Mikhailovna Golubeva, OGRNIP (Primary State Registration Number of the Individual Entrepreneur) 318784700276751, INN (Tax identification number) 781438336415
- Registered office address: Saint Petersburg