Terms
This agreement (hereinafter referred to as the "Agreement") is addressed to individuals and is an official public offer by sole proprietor Mikhail Malyshev (hereinafter referred to as the "Licensor") to conclude a license agreement for the right to use the application, the rights holder of which is sole proprietor Mikhail Malyshev, under the terms of a simple (non-exclusive) license (hereinafter referred to as the "Contract").
The Contract is considered concluded and comes into effect once the individual completes the actions stipulated by this Agreement, signifying the individual's unconditional acceptance of all the terms of the Agreement without any exceptions or limitations under the conditions of accession.
Before using the Application, please review the terms of this Contract. Any use of the Application by you constitutes your full and unconditional acceptance of the terms of this Contract. If you do not fully accept the terms of the Contract, you are not entitled to use the program for any purpose.
1. Terms Used in This Contract
1.1. Licensor – Sole Proprietor Mikhail Malyshev (Registered address: 21000, Republic of Serbia (Srbija), Novi Sad; Taxpayer Identification Number: 113862252; Primary State Registration Number: 67140281), who holds the rights to the Application.
1.2. Licensee – An individual possessing the necessary legal capacity to enter into this Contract, having the requisite rights and granted the right to use the Application in accordance with this Contract and within the scope provided for in this Contract. The User is a Party to this Contract.
1.3. The multi-platform application for devices "LadyFly" or Application – The software developed and operated by the Licensor for devices on various operating systems, which allows the User to organize household management and develop useful habits. The operation and maintenance of the Application, as well as providing access to the Application for the User, are carried out exclusively by the Licensor. The User uses the Application in an interactive (online) mode, connecting to the World Wide Web (Internet). The Licensor holds all necessary rights to the Application and its elements, both individually and as a whole. The terms of use of the Application are defined by the text of this Contract and other rules specified in this Contract, containing all necessary and essential terms of the license agreement for granting rights to use the Application.
2. General Provisions
2.1. The Contract is a public contract of adhesion and is concluded by accepting the terms of this Offer by an individual.
2.2. Acceptance of this Agreement is performed by an individual taking actual steps to install (download) the Application on a device, which is considered complete and unconditional consent to the terms of the Agreement.
2.3. This Agreement governs the use of the Application and is available for public review on the Licensor’s information resources at https://ladyfly.app.
3. Subject of the Contract
3.1. The Licensor grants the Licensee the right to use the Application free of charge, and in some cases for a fee, under the terms of a simple (non-exclusive) license, within the scope provided by the Contract.
3.2. The Licensee has the right to use the Application in the following ways:
3.2.1. Perform actions necessary for the functioning of the Application (including using it as intended), including recording and storing it in the device’s memory;
3.2.2. Study, research, or test the operation of the Application by performing the actions specified in sub-clause 3.2.1 of the Offer.
3.3. The right to use the Application, provided for in clause 3.1 of the Agreement, is granted to the Licensee for the duration of the Contract and may not be transferred (assigned) by the Licensee to third parties, in whole or in part.
3.4. Rights to use the Application that are not explicitly stated in this Offer are not considered granted to the Licensee.
3.5. The right to use the Application, provided for in clause 3.1 of the Agreement, is granted to the Licensee from the moment the Licensee performs actual steps to install (download) the Application on a device.
3.6. The right to use the Application, provided for in clause 3.1 of the Agreement, applies to all subsequent updates and/or new versions of the Application from the moment the Licensee performs actions to install (download) updates and/or a new version of the Application on the device.
4. Rights and Obligations of the Parties
4.1. The Licensee has the right to:
4.1.1. Enter into the Contract with the Licensor by performing the actions specified in clause 2.2 of this Agreement, confirming that they are not legally incapacitated, can independently exercise and defend their rights and obligations, do not suffer from any conditions that hinder understanding of the essence of the concluded Contract or the circumstances of its conclusion;
4.1.2. Add published applications for analysis, analyze the results, and save the results to the device;
4.1.3. Send inquiries related to the use and/or inability to use the Application to the Licensor at: [email protected].
4.2. The Licensee undertakes to:
4.2.1. Stop using the Application after the Contract terminates;
4.2.2. Not make any changes to the Application, including decompiling, decrypting, or performing other actions to obtain information about the implementation of algorithms used in the Application;
4.2.3. Not create derivative Applications (not modify the Application);
4.2.4. Not reproduce or distribute the Application for commercial purposes, including as part of collections of software products;
4.2.5. Not extract, copy, reproduce, process, or distribute information provided in the Application; not post such information on the Internet or in the media;
4.2.6. Not upload, store, publish, distribute, or provide access to the Application with information that:
- Violates the rights of minors;
- Is vulgar or obscene, contains pornographic images, texts, or scenes of a sexual nature;
- Contains scenes of violence or cruelty to animals;
- Describes methods and means of suicide, or any calls for suicide;
- Promotes racial, religious, or ethnic hatred, or fascist ideologies;
- Contains extremist materials;
- Promotes criminal activity or provides advice, instructions, or recommendations for committing criminal acts;
- Contains misleading information;
- Violates other citizens' and legal entities' rights and interests, as well as the requirements of applicable law.
4.2.7. Respect the intellectual property rights of third parties when using the Application;
4.2.8. Timely and fully familiarize themselves with the terms and conditions of the Agreement;
4.2.9. Independently monitor changes and additions made by the Licensor to the Agreement in accordance with clause 4.3.1 of the Offer.
4.3. The Licensor has the right to:
4.3.1. Unilaterally make changes and additions to the Agreement;
4.3.2. Fully or partially terminate the Contract in the event of the Licensee’s violation of the Contract by blocking or deleting the Licensee’s account in the Application;
4.3.3. In case of the Licensee’s violation of the Licensor's exclusive rights to the Application, demand the application of measures to protect the exclusive rights under the applicable legislation of the Republic of Serbia;
4.3.4. Modify the Application at any time, discontinue its development or support, and perform technical maintenance that may limit the Application's functionality.
4.4. The Licensor is obliged to:
4.4.1. Notify the Licensee of changes to the Offer and the withdrawal of the Agreement no less than seven (7) calendar days before they take effect by posting the new version of the Agreement or the notice of withdrawal on the Licensor’s website.
5. Application Usage Fees
5.1. The Application can be used both for free and for a fee.
6. Third-Party Sites and Content
6.1. The Application may contain links to third-party websites (hereinafter referred to as "Third-Party Sites") as well as articles, photos, illustrations, graphics, music, sounds, videos, information, applications, programs, and other content owned or sourced from third parties (hereinafter referred to as "Third-Party Content").
6.2. The Licensor is not responsible for any information posted on Third-Party Sites or for any Third-Party Content. Third-Party Sites and Content are not reviewed by the Licensor for compliance with applicable international law.
7. Personal Information of the Licensee
7.1. The Licensee independently and voluntarily provides personal information to third parties (including the Licensor's partners) during registration in the Application, installation (download), and subsequent use of the Application.
7.2. The Licensor does not receive or store information provided by the Licensee to third parties mentioned in clause 7.1 of the Offer.
7.3. The Licensor does not control or bear responsibility for text and photographic content uploaded by the Licensee during the use of the Application.
7.4. The Licensor does not verify the Licensee’s capacity or the accuracy of personal data provided by the Licensee.
8. Liability
8.1. The Licensor provides no guarantees regarding the error-free and uninterrupted operation of the Application.
8.2. The Application is provided on an "as is" basis. The Licensor offers no guarantees regarding the error-free operation of the Application or its specific components, nor its fitness for specific purposes of the Licensee. Other warranties are not provided unless explicitly stated in this Agreement.
8.3. To the fullest extent permitted by applicable law, the Licensor and its partners assume no