USER AGREEMENT on using "Earnie" App

Revised on the 4th of March, 2023

This User Agreement (hereinafter referred to as the Agreement) sets out the rules for using the "Earnie" Application and is concluded between the Administrator and the User.

1. General definitions

Within the framework of the Agreement, the following general definitions are used:

1.1. Administrator – Konev Nikita, citizen of the State of Israel (passport 9316941, date of issue: 9th of January, 2022)

1.2. Mobile device is a tablet, mobile phone, communicator, smartphone or other device that allows to use the Application for its functional purposes.

1.3. The User is a legally capable adult person — an individual who enters into the Agreement and undertakes to use the Application in accordance with the terms and conditions specified in the Agreement.

1.4. The "Earnie" application (Application) is a computer program, the exclusive right to which belongs to the Administrator by virtue of the fact of its creation, intended for installation and use on a Mobile device.

1.5. Website is a web page (a collection of web pages) in the Internet, located at the following address: https://earnie.finance through which the User can obtain various information about the Application, perform other actions provided for by the functional purpose of the web-site.

1.6. Account – the User's account in the Application, which is accessed by entering a combination of e-mail (e-mail) and the User's password.

2. General provisions

2.1. The application is designed to provide the User with cryptocurrencies trading simulator with social capabilities and strong focus on risk management.

2.2. The application is a platform that allows User, within the available technical capabilities, to simulate trading with cryptocurrencies and consume public trades from other users.

2.3. The information received by the User in the Application is not an individual investment recommendation (according to Article 6.2. of Federal Law No. 39-ФЗ dated 22.04.1996 "On the Securities Market").

2.4. The information received by the User in the Application is distributed for informational purposes only.

2.5. The Administrator does not recommend using the information obtained through the Application as the only source when making an investment decision.

2.6. The Administrator does not guarantee the accuracy or completeness of the information provided in the Application.

2.7. Financial instruments or transactions mentioned in the information received by the User in the Application may not correspond to the investment profile and investment goals (expectations) of the User.

2.8. Determining the compliance of a financial instrument or operation with the interests, investment objectives, investment horizon and the level of acceptable risk (including currency risk) is the task of the User.

2.9. Investments made in cryptocurrencies market involve significant risk, so Users should conduct their own research and study the economic and financial indicators themselves before investing in such securities.

2.10. The information and any judgments given in the Application may be changed by the Administrator without previous warning for the User.

2.11. The entire responsibility for decisions made based on the information obtained through the Application rests on User.

2.12. The use of the Application does not guarantee any changes in the User's life.

2.13. The app is distributed and used on a voluntary basis.

2.14. The Agreement is an offer of the Administrator to the User to conclude a contract on the terms specified in his text, and is a public offer within the meaning of Regulation No. 2016/679 of the European Parliament and of the Council of the European Union "On the protection of Individuals in the processing of personal data and on the free circulation of such data (General data Protection Regulation)".

2.15. Entering into the Agreement (acceptance of the offer) is considered to be the implementation of the User, including the following actions:

2.15.1. Registration or authorization in the App (including such via social networks: Facebook, VKontakte, etc.).

2.15.2. Clicking the "Register" button in the registration or authorization form in the App.

2.15.3. Downloading the App from Google Play and the Apple Store to User's Mobile device.

2.15.4. Installation or launching the App on User's Mobile device.

2.16. If the User does not agree to the terms of the Agreement, he is obliged to stop any use of the Application.

2.17. By agreeing to the terms of the Agreement, the User confirms his/her majority and legal personality, the accuracy of the data provided by him/her and assumes full responsibility for possible non-performance of the Agreement.

2.18. After completing the registration procedure (by accepting the offer in the manner set out in the Agreement), or logging in to the Application under an existing account, the User is considered to have accepted the terms of the Agreement in full, without any reservations or exceptions.

2.19. The Agreement can be changed by the Administrator unilaterally. The notification of the User about the amendments to the Agreement is placed in the Application.

2.20. The new version of the Agreement comes into force from the moment of its publication, unless the Administrator has specified otherwise.

Using the Application after the new version of the Agreement comes into force means the User's consent to its usage and to the application of provisions of the new Agreement version to it in full.

2.21. The Agreement applies to all subsequent updates/new versions of the Application.
By agreeing to install an update/new version of the Application, the User agrees to the terms of the Agreement, if the corresponding update/version of the Application does not contain a new agreement.

2.22. The Agreement is subject to the laws of the Russian Federation, regardless of the location of the Administrator, User, or Mobile Device.

2.23. All issues not regulated by the Agreement are resolved in accordance with the current legislation of the Russian Federation.

2.24. If the use of the Application is considered by the legislation of the User's local legislation at the place of residence as a prohibited activity or requires additional permissions, notifications, the User is obliged to stop using the Application and bears the risk of non-compliance with this condition.

2.25. Upon termination of the Agreement, the User is obliged to stop using the Application.

3. Application Use Policies

3.1. The use of the Application is based on mutual respect and goodwill establishes between the Administrator and the User.

3.2. The mobile device must meet the requirements for installing the App specified on the web pages of the Google Play and Apple Store.

3.3. It is not allowed to undertake the following actions:

3.3.1. Any scanning or testing of an Application in order to find its vulnerabilities without the specific permission from the Administrator.

3.3.2. Copying (including downloading using third-party programs) any information from the Application (including the text of the Agreement) in respect of which the Administrator has not granted the User the appropriate rights.

3.3.3. Commercial use of the Application without the Administrator's permission.

4. Application Usage Guidelines

4.1. The Administrator grants the User the right (non-exclusive license) to use the Application within the limits and in the ways defined by the Agreement.

4.1.1. The territory of the license (the validity area) covers all countries in the world.

4.1.2. The license is valid from the date when the User starts using the App and accepts the terms of the Agreement until the App is removed from the Mobile Device.

4.1.3. The license also applies to updates, additions, and additional components of the Application that can be provided, or access to which can be provided by the Administrator.

4.1.4. The Administrator has the right to revoke the User's license at any time.

4.2. The following ways of using the App are allowed:

4.2.1. Installing and recording a single version of the Application to the memory of the User's Mobile Device.

4.2.2. Launching and displaying the App on the User's Mobile Device.

4.2.3. The use of the Application for its intended purpose is subject to the terms of the Agreement.

4.3. For the registration in the App, the User enters their email address (e-mail) and the desired password to access the account.

The User has the right to use an account in a social network (Facebook, VKontakte, etc.) for registration/authorization in the Application.

When registering/logging in the App via a social network, the User gives the consent to the use of the User's profile data in the corresponding social network in the Application, including the User's photo and other data.

4.4. The Administrator has the right to prohibit the use of certain accounts that violate the rights of third parties, as well as to set additional requirements to ensure proper protection of the User account (password length, allowed characters, etc.).

4.5. The User is solely responsible for the security of the means chosen by him to access the account in the Application, and also independently ensures their confidentiality.

4.6. The User agrees to receive informational messages (including advertising messages) from the Administrator in the Application and at the email address specified in the Application.

4.7. The User is obliged to:

4.7.1. Do not distribute, copy, or extract any information contained in the Application, except for those for which the appropriate Administrator permission has been obtained.

4.7.2. Specify valid data in the App, which includes email address at the moment of the registration.

4.7.3. Do not share the username and password that allows to access the User account with others.

4.7.4. Do not modify or modify the Application.

4.7.5. Comply with application Use Policies

4.7.6. Perform other duties stipulated by the Agreement.

5. App usage costs

5.1. Access to the App is free of charge.

5.2. Some content of the Application may be provided for a fee in accordance with the subscription terms specified in the Application. Access to such content is provided from the moment of payment for the subscription.

5.3. Payment for the use of the App is made through the Google Play and Apple Store services.

5.4. At the end of the paid period of access to paid content, the User would be automatically charged for the next billing period of access in accordance with the subscription plan.

5.5. If the User unsubscribes before the end of the paid period, the User's access to paid content will be suspended after the end of the paid period, and the fee for the next billing period will not be charged.

5.6. The funds deposited by the User as a payment within the framework of using the Application are not refundable (including in case of unsubscribing).

6. Responsibility

6.1. The application is provided on an "as is" basis. The Administrator is not responsible if the Application does not meet the expectations, representations of the User and his own assessment of quality and usefulness.

6.2. The Administrator is not responsible for any damages (direct, indirect, intentional, accidental or other), including real damage, lost profits, loss of data, moral damage, damage to reputation, damage to the Mobile Device, caused to the User as a result of the use or inability to use the Application, as well as the User's actions with the use of knowledge, skills and skills obtained as a result of the use of the Application, both during the term of the Agreement and after its expiration, including cases where the Administrator knew or should have known about the possibility of such losses for the User.

6.3. The Administrator does not compensate any User expenses related to the use of the Application.

6.4. The Administrator is not responsible for non-performance or improper performance of its obligations under the Agreement, if such non-performance or improper performance was due to the unreliability, insufficiency or untimeness of the information provided by the User, as well as due to other violations of the terms of the Agreement on the part of the User.

6.5. The total responsibility of the Administrator is limited to the amount paid for access to the Application during the period when the dispute arose. If there are no obligations between the parties related to monetary payments, then the Administrator is not bearing any responsible in this connection.

6.6. The Administrator is not responsible for restricting access to the Application due to hosting problems, DDOS attacks on the website and/or hosting, or other technical reasons beyond the control of the Administrator.

6.7. The Administrator is not responsible for any difficulties in accessing the Application, including the cases when (but not limited to) the User does not have access to the Internet.

6.8. The Administrator is not responsible if the User's technical device (personal computer, smartphone, other device) does not have sufficient productive capacity, if it doesn't meet system and / or other requirements to receive services under the Agreement.

6.9. The User is fully responsible to the Administrator and third parties for the violation of the terms of the Agreement and undertakes to compensate the Administrator for all losses (including real damage, lost profits, fines of state authorities, losses collected from the Administrator by third parties due to the User's fault, damage caused to the Administrator's good name and business reputation) that have arisen or may arise from the Administrator in connection with claims, claims and claims against the Administrator from third parties, including to assume all costs of conducting such disputes.

6.10. The Administrator has the right, without any notice, to suspend (terminate) the User's access to the Application for any period of time at its sole discretion if the User reveals a violation of the terms of the Agreement.

6.11. The User bears all possible risks associated with making decisions based on the information obtained in the Application or using it.

6.12. The Administrator does not guarantee any results and changes in the User's life from using the Application.

6.13. The Administrator is not responsible for the result and usefulness of the Application and the information contained in it for the User.

6.14. The Administrator is not responsible for any changes in the material, physical or mental state of the User.

6.15. The Administrator is not responsible for any losses of the User.

6.16. The Administrator does not control the hardware and software complexes of the systems intended for making payments within the framework of using the Application, and is not responsible for errors in their operation.

7. Privacy Policy. Personal information

7.1. Within the framework of the Agreement, confidential information is information of any nature that has actual or potential value due to its unknown to third parties and to which third parties do not have free access on a legal basis.

7.2. The Administrator undertakes to ensure the confidentiality of the information received from the User under the Agreement.

7.3. The User gives the Administrator consent to the automated, non-automated and mixed processing of their personal data, including using the Internet.

7.4. The list of processed data, the purposes, methods and other conditions for processing the User's personal data are specified in the Privacy Policy of the Application.

7.5. By agreeing to the processing of personal data, the User confirms that he/she is familiar with the Privacy Policy of the Application, posted in the Application itself, and fully accepts its terms.

8. Intellectual property

8.1. The Application, all its components and components, including (but not limited to) the program code, the design of the Application, are the results of intellectual activity, the exclusive rights to which belong to the Administrator. The rights to these objects do not pass to the User.

8.2. The User does not have the right to record, distribute, copy, sell, transfer by any other means the materials received by him in the course of using the Application, to provide access to them to third parties.

8.3. The User may use the information received by them when using the Application only for personal, non-commercial use.

8.4. The Administrator has the right to demand monetary compensation from the User and other persons for each case of illegal use of the result of the Administrator's intellectual activity.

9. Dispute resolution

9.1. In the event of improper performance of the terms of the Agreement by one of the parties, which entailed adverse consequences for the other party, liability is incurred in accordance with the current legislation of the Russian Federation.

9.2. All disputes and disagreements will be resolved by the Parties through negotiations, and if no agreement is reached, the dispute will be resolved through a complaint procedure.

9.3. Claims and responses to claims are sent in the following order:

9.3.1. The User sends his claims and responses to the Administrator's claims in paper form to the Administrator's mailing address specified in the Agreement.
The User is obliged to respond to the Administrator's claim within 10 (ten) calendar days from the date of its receipt.

9.3.2. Administrator sends its claims and responses to the User's claims to the User's email address specified during registration in the Application.
The User is obliged to respond to the Administrator's claim within 10 (ten) calendar days from the date of its receipt.

The Parties agreed that all the Administrator's messages sent by the User's email address have legal force and are equivalent to messages in simple written form.

Administrator. Contact details

Konev Nikita
+972534211394
capitalistapps.owner@gmail.com
2222735 Israel, Nahariya, Levi Ashkol street 39 flat 3

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