You must read and comply with the SIGMA MOBILE software license and service agreement (hereinafter referred to as the “Agreement”) to use SIGMA MOBILE software (hereinafter referred to as the “Software”) and relevant services. Please carefully read and fully understand the content of each term, in particular the terms with respect to exemption or limitation of liability, and any separate agreement to activate or use some specific services, and choose to accept them or not. You may be prompted for the terms exempting or limiting liability in bold form.
You may not download, install or use the Software and related services unless you have read and accepted all the terms of this Agreement. Your downloading, installation, use, acquisition of any SIGMA MOBILE account, login and other similar acts shall be deemed that you have read and agreed to be bound by the Agreement.
This Agreement is entered into by and between you and SIGMA MOBILE (Legal entity identification code 42095964) regarding your download, installation, use, copy of the Software and your use of related services of SIGMA MOBILE.
The service contents refer to SIGMA MOBILE Software to provide the customers with related services (hereinafter referred to as the “Services”).
You may use the Software within web version, application versions for personal computers, smartphones and another terminal with the client. Users need to choose the version matching their installed terminal devices.
2.3.1. SIGMA MOBILE grants you a personal, non-transferable and non-exclusive license to use the Software. You may install, use, display and run the Software for a non-commercial purpose on a single terminal device.
2.3.2. SIGMA MOBILE reserves all other rights not expressly authorized by terms of this Agreement. You shall separately obtain SIGMA MOBILE’s written permission for exercise of such rights. SIGMA MOBILE’s failure to exercise any of the above-mentioned rights does not constitute a waiver of such rights.
In order to use Software you should register the SIGMA MOBILE account.
4.1. You can obtain the Software directly from Google Play, Apple App Store or SIGMA MOBILE’s website.
4.2. If you obtain the Software or any installation program with the same name as the Software from any third party without authorization by SIGMA MOBILE, SIGMA MOBILE cannot guarantee that the Software can be used normally and therefore takes no responsibility for any loss caused to you.
5.1. SIGMA MOBILE may develop different versions of the Software for different terminal devices. You should choose an appropriate version for installation according to the actual condition.
5.2. If you no longer need to use the Software, or need to install the new version of the Software, you may uninstall the Software. If you are willing to help SIGMA MOBILE improve the product and services, please inform the reasons for uninstallation.
6.1. In order to improve user experience and service contents, SIGMA MOBILE will continue to develop new services and from time to time provide you software updates (in the form of software replacement, modification, feature enhancement and version upgrade etc.).
6.2. In order to ensure the security and consistency of functionality of the Software and Services, SIGMA MOBILE reserves the right to update the Software, or change or restrict partial functionality of the Software without any special notice to you.
6.3. After the new version of the Software is released, older versions of the Software may not be available. SIGMA MOBILE does not guarantee that the old versions and corresponding customer services of the Software continue to be available.
7.1. SIGMA MOBILE will take reasonable measures to protect the user’s personal information. Except for the circumstances prescribed by laws and regulations, SIGMA MOBILE will not make public or disclose the user’s personal information to any third party without permission of the users. SIGMA MOBILE adopts professional encryption storage and transmission methods for related information, in order to protect the user’s personal information.
7.2. You need to provide some necessary information when registering an account or using the Services. If relevant national laws and regulations or policies have special provisions, you need to provide real identity information. If the information you provide is incomplete, you are not allowed to use the Services or you may be restricted during use of the Services.
7.3. In general, you may browse and modify your own information at any time. However, you may not be able to modify the initial registration information and other verification information provided at the time of registration for the purpose of security and identification.
8.1.1. You understand and agree that the Software will use the processor, bandwidth and other resources of your terminal device in order to provide you with effective services. The costs of data traffic may incur during use of the Software, and the user shall acquire relevant fee information from the operator on its own and bear relevant costs.
8.1.2. By accepting the terms of the Agreement, you consent to the tracking of your location by the Software.
8.1.3. You understand and agree that some of the features of the Software may allow third parties to know the user’s information.
8.1.4. When you use a particular service of this Software, the service may be governed by separate agreements and related business rules etc. (hereinafter collectively referred to as the “Separate Agreement”). Please read and agree to relevant Separate Agreement before you use the service. Your use of the above specific service shall be deemed that you have accepted relevant Separate Agreement.
8.1.5. SIGMA MOBILE shall have the right to show you all kinds of information, including but not limited by advertising information, news etc., using the Software or through Services. Abovementioned information may take the form of system messages or pop-up windows, etc.
8.1.6. You understand and agree that SIGMA MOBILE will make its reasonable commercial efforts to maintain your data stored in the Software and Services safe, but SIGMA MOBILE cannot warrant that your data is absolutely safe, especially:
126.96.36.199. SIGMA MOBILE is not responsible for deletion or failure of your storage of relevant data in the Software and Services;
188.8.131.52. SIGMA MOBILE is entitled to decide at its discretion the longest period of data storage in the Software and Services for each user according to the actual situation, and allocate the maximum space in the server for data storage of the user and so on. You can back up relevant data in the Software and Services on your own according to your own needs;
184.108.40.206. If you stop using the Software and Services or the Services are terminated or canceled, SIGMA MOBILE can permanently delete your data from the server. When the Services are stopped, terminated or canceled, SIGMA MOBILE is not obligated to return any data to you.
8.1.7. When you use Service, the content of this service may vary because of your use of the software version. You understand and agree that when you use some version of this software to open or enter the related pages SIGMA MOBILE may use your terminal equipment to enquire information installed application version and another necessary information, such as installation location, size.
8.2.1. Information contents contained in this Article refer to any content created, produced, copied, published or transmitted by the user during the use of the Software and Services.
8.2.2. You shall not use the SIGMA MOBILE account or the Software and Services to produce, copy, publish, or spread the contents interfering with normal operation of SIGMA MOBILE or infringing lawful rights and interests of other users or third parties, including but not limited to the following:
220.127.116.11. You may not publish, transmit, spread, and store prohibited contents in violation of national laws and regulations, which:
1) Violate the basic principles established by the Constitution;
2) Endanger national security, divulge state secrets, subvert state power and undermine national unity;
3) Damage national honor and interest;
4) Incite national hatred and ethnic discrimination, and destroy national unity;
5) Undermine national religious policies and promote cults and feudal superstition;
6) Spread rumors, disturb the social order and undermine social stability;
7) Disseminate obscenity, pornography, gambling, violence, terror or abet any crime;
8) Insult or slander others and infringe legitimate rights and interests of others;
9) Incite illegal assembly, association, procession, demonstrations and gatherings disrupting the social order;
10) Carry out any activity in the name of any illegal civil organization;
12) Contain any other content prohibited by laws and administrative regulations.
18.104.22.168. You may not publish, transfer, transmit and store the contents infringing legitimate rights of others, including the right of reputation, right of portrait, intellectual property right and trade secrets.
22.214.171.124. You may not publish, transfer, transmit and store the contents relating to others’ privacy, personal information or materials;
126.96.36.199 You may not publish, transfer and transmit harassment and advertising information, over-marketing information, spam or any information containing any sexual content or sexual connotation;
188.8.131.52. Other information that violates laws, regulations, policies and public order, contradicts to social morality, or interferes with the normal operation of SIGMA MOBILE or infringes the legitimate rights and interests of other users or third parties, which information is also prohibited to published, transferred and transmitted.
8.3.1. You may not engage in any of the following acts in the course of your use of the Software except as permitted by law or by SIGMA MOBILE s written permission:
184.108.40.206. Delete the copyright information on the Software and its copies;
220.127.116.11. Conduct reverse engineering, reverse assembly and reverse compiling on the Software, or other attempt to discover the source code of the Software;
18.104.22.168. Use, rent, lend, copy, modify, link, reproduce, compile, release, publish or establish a mirror site for the contents that SIGMA MOBILE owns intellectual property rights;
22.214.171.124. Copy, modify, add, delete and mount the data stored in any terminal memory by the Software or during the operation of the Software, the interactive data between the client and the server during operation of the Software, and the system data necessary for operation of the Software, or create any derivative works by using plug-ins, add-ons or third-party tools/services unauthorized by SIGMA MOBILE to access to the Software and related systems;
126.96.36.199. Add, delete, change the functions or operating effects of the Software by modifying or forging the instructions and data of the Software, or operate or spread to the public the software and methods used for the purposes described above, whether or not such acts are for commercial purposes.
188.8.131.52. Login or use SIGMA MOBILE Software and Services through any third-party software, plug-in, add-on or system that are not developed or authorized by SIGMA MOBILE, or produce, publish, disseminate these tools;
184.108.40.206 Interfere with the Software and its components, modules and data on your own or by authorizing others or third-party software to do so;
220.127.116.11. Other acts not expressly authorized by SIGMA MOBILE.
You fully understand and agree that you must be responsible for all acts under your account, including any content and any comments you published, your likes and recommendations etc., and any consequences arising therefrom. You shall judge the contents of the Service by yourself and assume all risks arising from the use of the contents, including the risks arising from reliance on the correctness, completeness or usefulness of the contents. SIGMA MOBILE cannot and will not be responsible for any loss or damage caused by the foregoing risks.
8.5.1. If SIGMA MOBILE finds or receives any report or complaint from others against the user on violation to this Agreement, SIGMA MOBILE is entitled to remove or obscure relevant contents at any time without notice, impose punishment on the violating account including but not limited to warning, restriction or prohibition of the use of some or all of the functions, account banning or cancellation, and announce the results of treatment.
8.5.2 You understand and agree that you shall be solely liable for any claims, requests or losses arising out of or in connection with your breach of the provisions of this Agreement or relevant terms of the Services. You shall also be liable for the compensation of any losses caused to SIGMA MOBILE.
9.1. When you use the products or services provided by any third party of this Software, you shall comply with the user agreement of the third party in addition to this Agreement. SIGMA MOBILE and the third party shall assume their respective responsibilities separately for any possible dispute between them within the scope prescribed by laws and or stipulated by agreement.
9.2. When the user uses the Software or requires SIGMA MOBILE to provide any specific service, the Software may support the user’s use or access by invoking a third-party system or through a third party. SIGMA MOBILE does not guarantee the security, accuracy, effectiveness and other uncertain risks of the services and contents provided by such third parties. Any dispute or damage caused therefrom is irrelevant to SIGMA MOBILE, SIGMA MOBILE therefore will not assume any responsibility.
10.1. SIGMA MOBILE is the right holder of the intellectual property rights of the Software. All intellectual property rights related to the Software, including copyright, trademark, patent and trade secrets and all information related to this Software (including but not limited to text, images, audio, video, graphics, interface design, layout framework, related data or electronic documents) are protected by laws and regulations of the Ukraine and corresponding international treaties. SIGMA MOBILE enjoys the above intellectual property rights, except for those rights enjoyed by relevant right holders in accordance with the laws.
10.2. You may not or permit any third party to implement, use, or transfer any of the above intellectual property rights for any commercial or non-commercial purpose without the prior written consent of SIGMA MOBILE or relevant rights holders.
11.1. You understand and agree that the Software, like most Internet software, may be affected by a variety of factors including but not limited to users’ reasons, network service quality and social environment, or may be interfered by various security issues, including but not limited to illegal use of user information by others to conduct harassment in real life, and that other software downloaded and installed and sites visited by the user may contain viruses, Trojans or other malicious programs, which may endanger the security of information and data in your terminal device and then affect the normal use of the Software. Therefore, you should strengthen the awareness of information security and protection of personal information, and pay attention to password protection, to avoid any loss.
11.2. You shall not produce, publish, use, and spread any malicious program which steals SIGMA MOBILE accounts and other personal information or property.
11.3. It is the common responsibility of you and SIGMA MOBILE to maintain software security and normal use. SIGMA MOBILE will reasonably and prudently take necessary technical measures to protect information and data security of your terminal device in accordance with industry standards, but you acknowledge and agree that SIGMA MOBILE cannot therefore provide a complete guarantee.
11.4. You should not believe in money borrowing, request for passwords or other network information relating to property in any case. Please make sure to verify the identity of the person involved with respect to any operation related to property. In addition, please always pay attention to SIGMA MOBILE’s tips for preventing fraudulent crimes.
12.1. The Software may use third-party software or technology (including the open source code and public domain code that may be used for the Software), and such use has been legally authorized.
12.2. If any third-party software or technology is adopted for the Software, SIGMA MOBILE will demonstrate relevant agreements or other documents in accordance with relevant laws and regulations through annexes of this Agreement, a package in a specific folder of the installation package of the Software, or open source software pages and other forms, which may be expressed as “Software License Agreement”, “License Agreement”, “Open Source License” or other forms. The foregoing agreements, other documents and web pages presented through various forms are an integral part of this Agreement and shall have the same legal effect as this Agreement. You shall comply with all these requirements. If you fail to do so, such third party or competent state authority may file a lawsuit, impose fines or take other sanctions against you, and require SIGMA MOBILE to provide assistance. You shall be solely liable for relevant legal responsibilities.
12.3. Any third party shall be liable for resolving any dispute arising from the use of any third-party’s software or technology for the Software, which is irrelevant to SIGMA MOBILE. SIGMA MOBILE does not provide customer service support for any third-party software or technology. If you need any support, please contact the third party.
13.1. Your use of the Software shall be deemed that you have read and agreed to be bound by this Agreement. SIGMA MOBILE reserves the right to modify the terms of this Agreement when necessary. You can check the terms of the Agreement in the latest version of this Software. If you continue to use the Software upon any change to the terms of this Agreement, you shall be deemed to have accepted the amended Agreement. If you do not accept the modified Agreement, you should stop using the Software.
13.2. This Agreement is signed in Kyiv City, of the Ukraine and has an unlimited period of time.
13.3. The formation, entry into force, performance, interpretation and dispute settlement of this Agreement shall be governed by the laws of the Ukraine, without regard to the principles of conflict of laws.
13.4. If any dispute arises between you and SIGMA MOBILE, the dispute shall be first resolved by negotiation; where the negotiation fails, you agree to submit the dispute to the people’s court with jurisdiction at the signing place of this Agreement.
13.5 The headings of all the terms of this Agreement are for convenience only and do not have any actual meaning. They shall not be taken as a basis for the interpretation of the meaning of this Agreement.
13.6 This Agreement has been developed and concluded in two languages: English and Ukrainian.
In case of any inconsistency and discrepancy between the English version and the Ukrainian version, the Ukrainian version shall prevail.
13.7 Where any provision of this Agreement becomes invalid or unenforceable for whatever reason, the remaining terms shall remain in force and binding on both parties.