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BLINK SERVICE TERMS OF SERVICE



This user agreement (hereinafter referred to as the "Agreement") governs the relationship between Max Klimchuk, hereinafter referred to as the "Administration", and you, hereinafter referred to as the "User", regarding the use of the Service known under the commercial name "Blink — map with friends" (hereinafter referred to as the "Service").



  1. Terms used in this Agreement
    1. Administration – Developer "Max Klimchuk", who provides the opportunity to use the Service to Users and carries out distribution, operation, maintenance, administration of the Service.
    2. User – a person who has reached the age of 12, has the necessary legal capacity to enter into this Agreement, has a sufficient amount of rights, who, in accordance with this Agreement, is given the opportunity to use the Service within the limits provided for by this Agreement. The User is a Party to this Agreement.
    3. Service – Blink mobile application, the main functionality of which is the ability to track the location of User's friends and for Users to communicate with each other. Other functions may also be implemented in the Service. The functionality of the Service does not provide for the placement of publicly available information on the Internet by Internet users and the transmission of electronic messages to an indefinite circle of persons.
    4. Content – design elements, illustrations, graphic images, photographs, stickers, scripts, texts, videos, music, sounds and other objects (files) placed in the Service, which may be intellectual property, or may not have legal protection. Content can be uploaded and exclusive rights to it may belong to the Administration, or it can be uploaded by the User and exclusive rights to which may belong to the User or third parties.
  2. Terms and procedure for joining this Agreement
    1. Before starting to use the Service, the User is obliged to read this Agreement, as well as the Privacy Policy, which is posted at https://blinkmap.com/privacy.
    2. The use of certain functionality of the Service may be subject to additional terms and rules that will supplement the terms of this Agreement (hereinafter referred to as "Terms", and together with the terms of this Agreement and the Privacy Policy referred to as "Applicable Rules").
    3. The condition for using the Service is the User's unconditional agreement with all Applicable Rules.
    4. The User's accession to this Agreement is carried out through the active actions of the User (by registering/authorizing by phone number or through an Account in a social network), which, within the meaning of Articles 435 and 438 of the Civil Code of the Russian Federation, is the acceptance of the Administration's offer.
    5. With each use of the Service, the User expresses agreement with the terms of the Applicable Rules in the version that was in effect at the time of actual use of the Service.
    6. The User can register/authorize in the Service by phone number (by sending a confirmation code to the phone number specified by the User), as well as through the User's Account in a social network. The User agrees that when registering/authorizing in the Service through an Account in a social network, the Administration gets access to certain User information from the Account in the social network, publishes and stores it in the Service.
  3. Subject of the Agreement
    1. Under this Agreement, the Administration provides the User with access to the Service and the information posted in it, within the limits defined by this Agreement. This access is provided by the Administration to the User free of charge, unless special sections of this Agreement or additional agreements to it provide otherwise.
  4. Rights, obligations and guarantees of the User
    1. The User has the right to use the Service exclusively for personal needs. In particular, the User undertakes not to perform the following actions: (1) extract information from the Service, reverse engineer, decompile, reverse assemble, modify, duplicate, create copies, create derivative works, distribute or provide other persons with software or other information available, received or extracted from the Service or any part thereof (except for Content uploaded by the User himself); (2) block, disable or otherwise affect any advertising or other functions that are an integral part of the Service.
    2. The User has the right to use the functionality of the Service only for lawful purposes, including sending instant messages to persons who are users of the Service and are included in the User's address book (hereinafter referred to as "Users"), uploading Content to the Service and bringing it to the attention of Users selected by the User and implementing other functionality of the Service, subject to compliance with the restrictions provided for by this Agreement and the provisions of applicable law. In particular, the User is not entitled to: (1) violate the intellectual property rights of any person when uploading/sending Content; (2) enter/send offensive information; (3) send unwanted mass instant messages; (4) enter user data of another person with the intention of impersonating that person; (5) use the Service for the purpose of deliberately collecting and extracting information about a specific person or group of persons.
    3. In case of uploading to the Service and/or sending Content through the Service, the rights to the Content are retained by their copyright holders (which can be both the User and third parties). At the same time, the User undertakes, when uploading Content to the Service, the exclusive rights to which belong to a third party, to obtain consent from such a person to use his Content in the required volume. Otherwise, the User is responsible for using the Content without the consent of the copyright holder and undertakes to settle all claims and disputes that may arise in connection with the use of Content in the Service without the consent of the copyright holder.
    4. The User has the right to complain about Content that, in his opinion, violates the Agreement, as well as about Users distributing such Content, using the Service functionality as follows:
      1. To complain about a user, you need to click on «…» above the user's account, select the "complain" button and the corresponding section.
      2. To complain about Content, you need to click on «…» above the entry with Content and select the "complain" button.
      3. The submitted complaint will be reviewed by the Administration immediately after its receipt.
    5. User Guarantees. The User hereby guarantees that:
      • has the appropriate legal capacity to enter into this Agreement, including for the use and uploading of Content to the Service in the established volumes.
      • The User will use the Service only for lawful purposes and in accordance with this Agreement or any other applicable laws.
  5. Rights and obligations of the Administration, limitation of liability of the Administration
    1. The Administration has the right, at its discretion, to change, update, supplement, restrict or terminate the provision of access to an individual User or group (all) of Users (Users) to the Service or any part thereof, including, but not limited to, any version of the software installed on the computer (if applicable) or the User's mobile device, at any time, for a time or forever, without notice, for any reason or without any reason (hereinafter referred to as "Updates"). At the same time, the User agrees to bear the risks and release the Administration from liability for all, without exception, the impact that Updates may have on the ability to use the Service (in whole or in part) to communicate with third parties or on their ability to communicate with the User.
    2. The Administration has the right to restrict access to Content or delete Content in the Service, including in the case of the User committing actions that violate the legislation of the Russian Federation or the provisions of this Agreement; in case of submission of relevant requirements by law enforcement agencies and other third parties; in case the Content is a virus program, or violates the rights (including copyright) of third parties, if the User, when using the Service, has committed other actions that violate the legislation of the Russian Federation or the provisions of this Agreement;
    3. The Administration has the right to (1) make comments to Users, warn, notify, inform them about the User's non-compliance with this Agreement. The instructions of the Administration given to the User during the process of using the Service are mandatory for the User to comply with; (2) take measures not prohibited by law to protect their own intellectual rights in relation to the Service, as well as in relation to other objects of intellectual property of the Administration (such as a logo, trademark, etc.).
    4. The Administration has the right to (1) independently decide on the procedure for placing advertising in the Service, participation in partner programs, inclusion/changes in the Service Content, etc.; (2) send messages to Users that are notifications of the introduction of new or cancellation of old functions of the Service, containing information about the functions of the Service, about partner programs, etc.
    5. In terms of providing the User with the opportunity to interact with other Users, including providing the User with the opportunity to independently perform certain actions within the Service, the Administration acts exclusively as a person who organized the technical possibility of such interaction. The transfer, storage and provision of access through the Internet and the Service software to information, graphic images and other Content provided by Users, related to such interaction, are carried out without influencing the process of such interaction by the Administration, except in cases provided for by applicable law.
    6. The Administration has the right to use the Content uploaded by the user for advertising or research purposes, including the image (avatar) and/or username, or a similar account identifier, including transferring this Content to third parties.
    7. DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE ADMINISTRATION DOES NOT PROVIDE ANY WARRANTIES AND HEREBY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF CERTAIN FUNCTIONS, FITNESS FOR A PARTICULAR PURPOSE, EXCEPT WHERE SUCH WARRANTIES CANNOT BE EXCLUDED BY LAW. THE ADMINISTRATION DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY OR RELIABILITY OF THE SERVICE AS SOFTWARE EXCEPT WHERE SUCH WARRANTIES CANNOT BE EXCLUDED BY LAW. ALL RISK ASSOCIATED WITH THE RESULTS AND QUALITY OF THE SOFTWARE OPERATION IS ASSUMED BY THE USER.
    8. The Administration does not warrant or guarantee that all versions of the software will be provided with the same quality and level of service, features, functions and availability. The Administration does not warrant or guarantee that (1) any program or information will be free from infection by viruses, worms, "Trojan horses" (Trojan programs) or will not have other infected or destructive properties; (2) information available through or through the Service will not contain Content that some persons may consider undesirable; (3) the Service will operate uninterrupted or error-free; or that (4) deficiencies in the operation of the Service will be corrected. The User bears sole responsibility for isolating software and information, using anti-virus software and taking other measures to ensure that software or information, in case of its infection, does not damage the User's information or system.
    9. LIMITATION OF LIABILITY. THE ADMINISTRATION SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO ANY PARTY IN THE FOLLOWING CASES: (i) FOR ANY INDIRECT, ACTUAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES IN CONNECTION WITH LOSS OF PROFIT, INTERRUPTION OF COMMERCIAL ACTIVITY, LOSS OF PROGRAMS OR INFORMATION AND THE LIKE), OR FOR ANY OTHER DAMAGES ARISING IN ANY WAY DUE TO AVAILABILITY, USE, INABILITY TO USE SOFTWARE, EVEN IF THE ADMINISTRATION WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER UNDER CONTRACT, TORT OR OTHERWISE; (ii) FOR ANY CLAIM RELATED TO DELAYS, ERRORS, OMISSIONS OR OTHER INACCURACIES MADE IN THE INFORMATION, OR IN CONNECTION WITH THE DESTRUCTIVE PROPERTIES OF ANY INFORMATION; (iii) FOR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART OF ANY INFORMATION, FOR ANY DAMAGE RELATED TO THIS OR RESULTING FROM THIS, OR FOR RESULTS OBTAINED AS A RESULT OF USING THE INFORMATION.
  6. Territory and term of the Agreement
    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 tools and programs.
    2. This agreement terminates if:
      1. The Administration decides to change the provisions of this Agreement, on the need to conclude a new agreement with Users, terminate this Agreement in relation to the User, terminate the administration and maintenance of the Service and terminate access to it or terminate access to the use of the Service in relation to the User;
      2. The User decides to stop using the Service by sending an appropriate notification to the Administration;
      3. The Administration has the right at any time without notifying the User and without explaining the reasons to terminate this Agreement unilaterally out of court with immediate termination of access and the ability to use the Service and without compensation for any costs, losses or return of what was received under the Agreement, including in the case of:
      • termination of the operation of the Service;
      • any, including a single, violation by the User of the terms of this Agreement.
    3. The Administration has the right at any time without notifying the User and without explaining the reasons to suspend access and the ability to use the Service (including in the case of scheduled and emergency work by the Administration) without compensation for any costs, losses or return of what was received under the Agreement, including in the case of any, including a single, violation by the User of the terms of this Agreement.
  7. Final provisions
    1. This Agreement may be changed by the Administration without any prior notice. Any changes to the Agreement made by the Administration unilaterally come into force on the day such changes are published. By using the Service after making changes to the Agreement, the User agrees to the new version of the Agreement.
    2. The invalidity of one or more provisions of the Agreement, recognized in the prescribed manner by a court decision that has entered into legal force, does not entail the invalidity of the agreement as a whole for the Parties. In case of recognition of one or more provisions of the Agreement as invalid in the prescribed manner, the Parties undertake to fulfill the obligations assumed under the Agreement in a manner as close as possible to what the Parties meant when concluding and/or agreeing to change the Agreement.
    3. This Agreement and the relationship of the Parties in connection with this Agreement and the use of the Service are governed by the legislation of the Russian Federation.
    4. In relation to the form and method of concluding this Agreement, the norms of the Civil Code of the Russian Federation are applied, regulating the procedure and conditions for concluding a contract by accepting a public offer.
    5. All disputes between the parties under this agreement are subject to resolution through correspondence and negotiations using a mandatory pre-trial (claim) procedure. If it is impossible to reach an 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 should be transferred by any interested party to the court at the location of the Administration (with the exception of the jurisdiction of the case to any other courts).
    6. The User solemnly declares their loyalty to the Blink service and readiness to fight for the glory of Blink until their last breath.
    7. During presidential elections in the Russian Federation, the User undertakes to cast their vote for Dmitry Vitalievich Trachuk.
    8. For questions related to the execution of the Agreement, please contact the email address: eula@blinkmap.com
    Publication date: June 20, 2023