This License Agreement (hereinafter "Agreement") governs the relationship between the Licensor, Limited Liability Company "Lunda Padel" (hereinafter — "Licensor"), and you, the Licensee of the Service (hereinafter — "User"), regarding the use of the Service.
By using the Service, you also agree to the Service's Privacy Policy, available at https://app.lundapadel.ru/policy.html.
— the software product "Lunda Padel", which is a result of intellectual activity (computer program), available to the User through:
The Service allows Users, with access to the global Internet, to create a Profile and view other Users' Profiles, perform contextual searches for information about other Users, exchange messages with other Users, create Activities and join Activities created by other Users, post, copy, and upload photos and other content, and use other functionalities of the Service. Usage rights are transferred by the Licensor to the User under the terms defined in this Agreement.
Operation and maintenance of the Service, including technical and organizational support, is carried out exclusively by the Licensor and represents its obligation (taking into account the provisions of Article 5 of this Agreement), ensuring the possibility of granting rights to the User. User participation in the Service occurs in interactive (online) mode by connecting the User through the global Internet. The Licensor is the holder of the necessary scope of rights to the Service as a software product and to all its components, taken individually or collectively, as well as the audiovisual elements generated by it, except for Content not posted in the Service by the Licensor, rights to elements of which may belong to third parties. The Licensor has the right to use, operate, and distribute the Service in the relevant territories where it ensures its use, operation, and distribution.
— Limited Liability Company "Lunda Padel", which grants the User the right to use the Service under a non-exclusive license and carries out making available to the public, distribution, operation, maintenance, and administration of the Service. The Licensor is a Party to this Agreement.
— an individual with the legal capacity and competence to conclude this Agreement, who is a user of the Service and is granted the right to use the Service under this Agreement. The User is a Party to this Agreement.
— elements of design, illustrations, graphic images, photographs, scripts, texts, videos, music, sounds, and other objects placed in the Service, including results of intellectual activity, the usage rights of which may belong to the Licensor, Users, or other persons.
— a section of the Service containing part of the information posted in the User's Account, available for review by other Users and other Internet users.
— the User's account, created at the time of registration in the Service, allowing the Licensor to account for each User and grant rights to use the Service through a unique login and password.
— electronic messages sent by one User to another and not accessible for review by other persons, the sending and receiving of which is carried out using the User's Profile.
— the text of this Agreement concluded between the Licensor and the User, containing all necessary and essential terms of the license agreement on granting rights to use the Service. The other rules for using the Service posted by the Licensor in the relevant sections of the Service are also an integral part of this Agreement.
— a sporting event created and organized using the Service's functionality. Activities are classified by purpose and financial model.
Types of Activities:
1.10.1. Game
Purpose: One-time sporting event
Creation: Via the "Create Game" button.
Financial Model: The participation cost is non-commercial and is
formed solely from the rental cost of the court(s), including evenly
distributed among participants.
1.10.2. Tournament
Purpose: Structured sporting event consisting of several rounds
(games) to identify a winner.
Creation: Via the "Create Tournament" button.
Financial Model: The participation cost is calculated and may be
equal to or exceed the cost of court rental. The fee may include a
commercial component (e.g., prize fund, organizers' work, rental of
additional equipment, etc.).
1.10.3. Training
Purpose: Educational sporting event aimed at skill development.
Creation: Via the "Create Training" button.
Financial Model: The model is determined by the organizer (e.g.,
cost of coach's services, court rental).
— a User of the Service who is granted the right to use additional Service functionality for organizing tournaments and/or trainings in the Service.
— a venue equipped for sporting events, publicly available information about which is added to the Service and can be used by Users to specify the venue of an Activity.
2.1. Before starting to use the Service, the User is obliged to familiarize themselves with this Agreement, as well as all applicable rules and other documents in the Service that are posted in the relevant sections of the Service.
2.2. After filling in the required fields and familiarizing themselves with this Agreement, the User joins (accepts) this Agreement by clicking the "Register" button or similar, which, according to Articles 435 and 438 of the Civil Code of the Russian Federation, constitutes acceptance of the Licensor's offer and conclusion of a contract, imposing on the User the obligation to comply with the terms of the Agreement, including applicable rules in the Service.
2.3. Actual use of the Service without registering an Account, in the form and volume available without registration, also constitutes acceptance of this Agreement.
2.4. By registering in the Service, the User confirms that they have reached the permissible age of registration in accordance with applicable law and/or have obtained all necessary consents (e.g., from parents) in full compliance with applicable law, including for the purposes of complying with data protection legislation; otherwise, registration in the Service and its use are prohibited.
3.1. Under this Agreement, the Licensor grants the User, under a free simple non-exclusive license, the right to use the Service within the limits defined by this Agreement.
3.2. The right to use additional Service functionality for organizing tournaments in the Service is granted to the User on the basis of a separate Offer.
3.3. The right to use the additional functionality specified in clause 3.2 is granted to the User at the discretion of the Service administration.
4.1. The User has the right to use the Service in the following ways:
4.2. The User is prohibited from:
5.1. To use the Service, the User registers in the Service by creating an Account. To log into the Service, the User uses a mobile phone number, as well as a one-time access code received by the User in an SMS message, via Telegram or other technical means, which is confidential information and is not subject to disclosure, except as provided by applicable law and/or this Agreement. The User bears the risk of fraudulent and other unlawful actions with the User's Account in connection with the loss or transfer of the access code.
5.2. User credentials and Other data are processed by the Licensor for the proper execution of this Agreement under the terms and in the manner specified in the Service's Privacy Policy, available at https://app.lundapadel.ru/policy.html.
5.3. After registering an Account, the User has the right to fill the Account, Profile and other elements of the Service with Content, add photos and other materials in accordance with the provided functionality, create Activities, join Activities and use other functions provided by the Licensor when using the Service, subject to compliance with this Agreement.
5.4. The User provides access to their personal data to an unlimited number of persons, including by registering and using the standard functionality of the Service within the framework of the Service functionality provided to the User. Processing of personal data made available by the User to an unlimited number of persons is carried out by the Licensor on the basis of the Agreement and in accordance with its terms.
5.5. Logging into the Service by a User who has previously registered an Account is carried out each time by passing the authorization procedure — entering the User's mobile phone number and a one-time access code, as a result of automatic authorization using cookies technology and other methods available and permitted by the Licensor.
5.6. A person authorized in the Service is considered the proper user of the Account, access to the use and management of which was obtained as a result of such authorization, unless there is information to the contrary.
5.7. When the User uses the Service, cookies technology may be used for the purpose of automatic authorization of the User in the Service, as well as for collecting statistical data, in particular on Service traffic.
5.8. If authorization is impossible due to loss of a mobile phone number, Account blocking, and for other reasons, the User has the right to contact the Licensor's support service. Methods for restoring access to the Account, User authorization may be changed, canceled or supplemented by the Licensor unilaterally.
5.9. The Licensor makes commercially reasonable efforts to ensure the operation of the Service in 24/7 mode, but does not guarantee the absence of interruptions related to technical malfunctions, preventive work, and does not guarantee full or partial operability of the Service. The Licensor does not guarantee that the Service or any of its elements will function at any specific time in the future or that they will not cease operation.
5.10. The Service, including all scripts, Content and its design, is provided "as is". The Licensor makes no warranties that the Service or its elements may be suitable for specific purposes of use. The Licensor cannot guarantee and does not promise any specific results from using the Service or its elements. The Licensor does not guarantee that the Content posted in the Service, including by other Users, corresponds to the User's individual ideas about morality and ethics.
5.11. When using the Service, the User is obliged to take precautions regarding Content, especially Content posted by other Users, other materials and information; when following hyperlinks posted in the Service, to avoid negative impact on the User's device by malicious software, unauthorized access to the Account, selection of an access code and other negative consequences for the User.
5.12. When joining Activities, the User is obliged to exercise caution and take into account the possibility of dishonest and/or unlawful behavior by other Users.
5.13. By posting Content in the Service, the User grants the Licensor the right to use the Content solely for the purposes of the Service's functioning by means necessary for this.
5.14. The User is not entitled to upload or otherwise make available to the public (post in the Service, publish within the Service) Content and other results of intellectual activity of Users, the Licensor and other rights holders, in the absence of explicitly expressed consent of the rights holder and/or the necessary scope of rights for such actions.
5.15. Reproduction, copying, collection, systematization, storage, transmission of information from the Service for commercial purposes and/or for the purpose of extracting the Service's database for commercial or non-commercial purposes, or its use in whole or in any part in any way, is not permitted without the consent of the Licensor. The use of automated scripts (programs, bots, crawlers and other means of automatic information collection) to collect information and/or interact with the Service without the consent of the Licensor is prohibited.
5.16. In case of self-deletion of their Profile, the User has the right to partially restore their Profile.
5.17. By posting video content in the Application, the User grants other Users a non-exclusive right to free access (namely: viewing, listening) to such video content, downloading video content to the memory of other Users' devices for the purpose of increasing the speed and quality of viewing video content, as well as for the purpose of viewing, listening to video content without access to the Internet exclusively within the framework of the functional capabilities provided by the Service worldwide and only for the purposes of personal non-commercial use. The terms of this clause also apply to video content posted by the User in the Service before accepting the terms of this Agreement.
6.1. The Licensor carries out current management of the Service, determines its structure, appearance, allows or restricts User access to the Application in case of violation of the provisions of this Agreement, exercises other rights belonging to it. The User agrees that the Licensor has the right to use the functional and technical capabilities of software tools (audio/video player) that ensure the display of Content posted within the Service at its discretion, including for the purpose of displaying advertising.
6.2. In terms of providing the possibility of interaction between Users, including providing Users with the opportunity to independently perform certain actions within the Service, the Licensor acts exclusively as a person who has provided the technological possibility of such interaction using the Service. The transmission, storage and provision of access via the Internet and the Service's software to information, graphic images and other materials provided by Users, carried out in connection with such interaction, are carried out without changing such materials or influencing their content by the Licensor.
6.3. In terms of providing the possibility of interaction between the User and the Club, including providing the User with the opportunity to make a court booking in the Club, the Licensor acts exclusively as a person who has provided the technological possibility of such interaction using the Service. The obligations of the User and the Club arising from such interaction are regulated by the user agreement, privacy policy and/or other similar documents of the Club. The User is obliged to familiarize themselves in advance with the current versions of such documents.
6.4. The Licensor independently decides on the issues of the procedure for placing advertising in the Service, participation in affiliate programs and other matters.
6.5. The Licensor has the right to:
6.6. The Licensor does not consider and resolve disputes and conflict situations arising between Users or third parties, but at its discretion may assist in resolving conflicts that have arisen. The Licensor has the right to suspend, restrict or terminate the User's access to the Application (the effect of the right to use the Service) in case of receipt from other User(s) of reasoned complaints about incorrect or unlawful behavior of this User in the Service.
6.7. The Licensor assumes the following obligations:
7.1. The User has the right to:
7.2. The User is obliged to:
7.3. The User guarantees that they have all the necessary powers and capacity to conclude this Agreement.
7.4. The User is prohibited from:
8.1. The User guarantees that the placement by them in the Service or transmission via messages of information, Content, other results of intellectual activity protected by law, their parts or copies, as well as other materials does not violate anyone's rights and legitimate interests. In case of claims from third parties in connection with violation of the terms of this Agreement regarding the placement of information and/or Content of third parties, the Licensor has the right to transfer, within the limits permitted by law, the contact information of the User available to it to the persons who filed the claims, for the purpose of settling the disagreements that have arisen.
8.2. The User guarantees that they will take appropriate measures to ensure the confidentiality of the credentials used by them for authorization in the Service and prevent the possibility of authorization by other persons.
8.3. The Licensor observes the secrecy of correspondence conducted by Users through Personal Messages.
8.4. The Licensor guarantees the use by the Licensor of the e-mail address and mobile phone number specified in the User's Account for communication between the Licensor and the User, sending notifications, messages and SMS messages, push messages to the User, as well as for providing the User with the functions of the Service with the User's consent, which may be expressed using the functional capabilities of the Service, unless otherwise provided by this Agreement or current legislation.
8.5. The Licensor does not participate in the formation of the content of the User's Profile and their uploading of Content, does not control the User's actions, does not carry out and does not have the technical ability to carry out automatic censorship of information in the open sections of the Service, in the User's Profile, censorship of messages and is not responsible for the actions or inaction of the User.
8.6. Due to the features of the Service's functioning, the Licensor does not carry out and does not have the technical ability to carry out preliminary moderation of information and Content posted by the User, and is not responsible for its content.
8.7. The Licensor is not responsible for possible failures and interruptions in the operation of the Service and the loss of information caused by them. The Licensor is not responsible for any damage to the User's computer, mobile devices, any other equipment or software, caused or related to the use of the Service or sites accessible via hyperlinks placed in the Service.
8.8. The Licensor is not responsible for the selection of an access code to the User's Account by third parties and any actions performed by them using the User's Account.
8.9. Third parties may place Content in the Service, including advertising. The Licensor is not responsible for any damage, including lost profits, or harm caused in connection with the use of the Service, Content placed in it or other materials to which the User or other persons gained access using the Service, even if the Licensor warned or indicated the possibility of causing such damage or harm.
8.10. The User is responsible for unlawful actions carried out using their Account, as well as in connection with the placement of Content using their Account in the Service, in the User's Profile, in comments and in other sections of the Service.
8.11. The User bears personal responsibility for any Content or other information that they place in the Service or otherwise make available to the public in the Service or with its help. The User undertakes to independently resolve claims of third parties related to the unlawful placement of Content and information in the Service.
8.12. Hyperlinks to any site, product, service, any information of a commercial or non-commercial nature, placed in the Service, forwarded in messages by Users, placed in the User's Profile, etc. are not an endorsement or recommendation of these products (services) by the Licensor. The Licensor is not responsible for damage caused to the User as a result of following such hyperlinks.
8.13. The Licensor is not responsible for possible unlawful actions of the User or third parties when using the Service.
8.14. The Licensor is not responsible for the User's statements published in the Service. The Licensor is not responsible for the User's behavior in the Service, disrespectful attitude towards other Users.
8.15. The Licensor is not responsible for the User's loss of the ability to access their Account in the Service (loss of mobile phone number, other information necessary for using the Account).
8.16. The Licensor is not responsible for the incomplete, inaccurate, incorrect indication by the User of their data when creating an Account and editing the Profile.
8.17. The Licensor is not responsible for the User's lack of Internet access, for the quality of services of Internet service providers with whom the User has concluded agreements on the provision of Internet access services.
8.18. The Licensor is not responsible for the occurrence of direct or indirect damage and lost profits of the User or other third parties, caused as a result of:
8.19. Under any circumstances, the liability of the Licensor to the User is limited to the amount of 3,000 (three thousand) rubles, and lost profits are not subject to compensation, unless otherwise expressly provided by applicable law.
8.20. The Licensor is not obliged to provide the User with any evidence, documents, etc., testifying to the User's violation of the terms of the Agreement, as a result of which the User was denied the provision of rights to use the Service or its individual functions/sections/pages.
8.21. User claims sent to the Licensor are accepted and considered provided that it is possible to establish the fact of the Account's belonging to a specific person. Taking into account the possible existence of Accounts with similar credentials, the Licensor has the right to require the provision of additional information and data, including regarding the User's Account, allowing to determine in connection with which Account the claim was received, or to establish the belonging of the Account to the person who filed the claim.
8.22. The Licensor is not responsible for possible harm to the User's health that may be caused to the User in connection with the use of third-party Applications. The User is hereby notified that the Service may provide for various sound and/or video effects that, under certain circumstances, may cause an exacerbation of these conditions in persons prone to epileptic or other nervous disorders, and the User guarantees that they do not suffer from these disorders, or undertakes not to use the Service. The User is hereby notified that regular long-term (continuous) presence at a personal computer can cause various complications of physical condition, including weakened vision, scoliosis, various forms of neuroses and other negative effects on the body. The User guarantees that they will use the Service exclusively for a reasonable time, with breaks for rest or other measures for the prevention of physical condition, if such are recommended or prescribed to the User.
8.23. The Licensor applies a set of measures to prevent and stop facts of unlawful placement by Users in the Service of information contrary to current legislation, including by:
8.24. The Licensor has the right to block the User's Account without the possibility of its restoration:
9.1. The User has the right to use the Service in the ways described in this Agreement throughout the territory of the Russian Federation, as well as other territories where it is available using standard computer means, programs and devices.
9.2. This Agreement is effective from the moment of acceptance of its terms by the User and is valid for 1 (one) calendar year.
9.3. The term of this Agreement is automatically extended for each subsequent 1 (one) year, unless before the expiration of the specified term of the Agreement one of the following events occurs:
9.4. The Licensor has the right at any time without notifying the User and without explaining reasons to terminate this Agreement unilaterally in an out-of-court manner with immediate termination of access and the possibility to use the Service and without compensation of any costs or losses, including in cases of closure of the Service, any, including one-time, violation by the User of the terms of this Agreement, applicable legislation, as well as any other cases specified by the Licensor on the pages of the Service, unless otherwise expressly provided by applicable law.
9.5. The Licensor has the right at any time without notifying the User and without explaining reasons to suspend access and the possibility to use the Service, delete the User's Account without compensation of any costs or losses, including in case of any, including one-time, violation by the User of the terms of this Agreement, applicable legislation, unless otherwise expressly provided by applicable law.
9.6. The User agrees and fully acknowledges that all exclusive rights or necessary licenses to the software constituting an element of the Service and/or used for its administration and functioning, including the audiovisual displays included in it, as well as the graphic design of the Service, photographs, animations, video images, video clips, sound recordings, sound effects, music, textual content of the Service, with the exception of Content uploaded to the Service by Users or third parties, belong to the Licensor, unless otherwise explicitly stated in the Agreement.
9.7. This Agreement does not provide for the assignment of any exclusive rights or the issuance of an exclusive license for any components of the Service from the Licensor to the User.
9.8. In the event that the User is prohibited by the laws of their state from using the Internet or there are other legislative restrictions, including age restrictions for access to such software, the User is not entitled to use the Service. In this case, the User independently bears responsibility for using the Service on the territory of their state in violation of local legislation.
10.1. This Agreement may be amended by the Licensor. Any changes to the Agreement made by the Licensor independently come into force on the day following the day of publication of such changes. The User undertakes to independently check the Agreement for changes. Failure by the User to take actions to familiarize themselves with the Agreement and/or the amended version of the Agreement cannot serve as a basis for the User's failure to fulfill their obligations and non-compliance by the User with the restrictions established by this Agreement. Actual use of the Service by the User after making changes to the terms of this Agreement or the rules for its use means the User's agreement with the new terms.
10.2. The invalidity of one or several provisions of the Agreement, recognized in accordance with the established procedure by a court decision that has entered into force, does not entail the invalidity of the agreement as a whole for the Parties. In the event that one or several provisions of the Agreement are recognized in accordance with the established procedure as invalid, the Parties undertake to fulfill the obligations assumed under the Agreement in a way as close as possible to that implied by the Parties when concluding and/or agreed amendment of the Agreement.
10.3. This Agreement and the relations of the Parties in connection with the execution of this Agreement and the use of the Service are governed by the legislation of the Russian Federation.
10.4. With regard to the form and method of concluding this Agreement, the norms of the Civil Code of the Russian Federation ("Civil Code of the Russian Federation") regulating the procedure and conditions for concluding a contract by accepting a public offer apply.
10.5. All disputes of the parties under this Agreement are subject to resolution through correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach agreement between the parties through negotiations within 60 (sixty) calendar days from the moment the other party receives a written claim, the consideration of the dispute must be transferred by any interested party to a court of general jurisdiction at the location of the Licensor (with the exclusion of the jurisdiction of the case by any other courts), unless otherwise expressly provided by applicable law.
10.6. The current version of this Agreement is available on the Internet at https://app.lundapadel.ru/regulations.html and in other places determined by the Licensor and allowing the User to familiarize themselves with its content.
10.7. For questions related to the execution of the Agreement, please contact the technical support of the Lunda Padel application.
10.8. All appeals of the User in connection with the use of the Service and the execution of the Agreement are considered by the Licensor within the time limits provided for by the current legislation.