USER AGREEMENT

for the mobile application «Nice cream»

Revision of 28.03.2016

1. Terms and definitions

   "Agreement" — this User agreement.

   "Application" — white-label application under the Customer's trademark «Nice cream», developed by the Contractor for mobile operating systems Apple iOS, Android, Windows Phone. The application is published in mobile application stores on behalf of the Contractor.

   "User" — natural person, who has installed the Application to his/her mobile device and who uses the Application according to the Agreement.

   "Contractor" — LoyaltyPlant Ltd. Company, registered in the Great Britain under the registration number 9762277 and all affiliated companies owned by LoyaltyPlant Ltd.

   "Customer" — a company which renders services and-or sells the goods to the User; carries out marketing communications with the User by means of the Application; modifies the information content of the Application.

2. General provisions

   1. The Agreement regulates relations between the Contractor and the User.
   2. Conditions of the Agreement are the public offer and the Application can only be used under the terms of the Agreement.
   3. Application use is an acceptance of the public offer and declaration of compliance of the User with conditions of the Agreement.
   4. The Agreement shall come into force for the User from the moment of installation of the Application and shall be valid for an indefinite term.
   5. This revision of the Agreement is an open document; it is published in the Internet and is available for any User to the address http://eula.loyaltyplant.com/eula/3099.
   6. The Contractor is entitled to make modifications and-or amendments to the Agreement. In case of making changes to the Agreement the Contractor shall publish the new current edition of the Agreement, and the publication date shall be an effective date of new revision of the Agreement. Previous revisions of the Agreement shall be kept in Contractor's documentation archive.
   7. Continuation of use of the Application after making modification and-or amendments to the Agreement shall be an approval by the User of such changes and-or amendments.
   8. The Agreement is made according to the Great Britain law. The issues which are not included in the Agreement shall be solved according to the legislation of the Great Britain.
   9. In case of non-approval by the User of the Agreement conditions, the Application should not be used.

3. Rights and obligations of the User

   1. At the moment of the Application registration the User shall provide reliable information on himself/herself, necessary for:
      1. Correct provision of marketing services by the Customer;
      2. Replying to the User's requests sent to the Application support service;
      3. Confirmation of ownership of the account in the Application to the User in case of loss of the account.
   2. When using the Application, the User provides an informed and voluntary consent to participation in promoting, advertising, marketing and other events aimed at promotion of services of the Customer, the Contractor's partners and other third persons.
   3. The User shall use the Application only for the purpose of personal use.
   4. The User shall not disseminate false information about the Application, the Contractor or the Customer.
   5. The User shall not use third party software and other technical means which may affect the Application use.
   6. The User shall not decompile the Application independently or with the help of third persons and also to distribute, to make available to the public and to provide other access to the Application, to carry out reverse-engineering of the Application or its elements.
   7. The User shall take proper measures for provision of safety of his/her mobile device and is personally liable for safety of the personal information indicated in the Application, in case of access of third persons to its mobile device.
   8. Unless the contrary is proved by the User, any actions made using the mobile device, shall be considered made by the corresponding User.
   9. The User guarantees that he/she shall not undertake any actions aimed at infliction of damage to the Contractor, to the Customer, to mobile phone operators, to legal owners or other persons.
   10. In case of breach by the User of the obligations indicated in section 3 of the Agreement, the User shall compensate to the Contractor and-or the Customer for the damage caused by such actions, namely — direct and indirect losses sustained by the Contractor and-or the Customer.

4. Rights and obligations of the Contractor

   1. The Contractor is entitled to delegate the rights and obligations under the Agreement to the Customer with the purpose of performance of the Agreement, without any additional consent of the User.
   2. The Contractor on its own behalf or on behalf of the Customer is entitled to send to the User information on Application work, information, advertising or other messages to e-mail address, phone number provided by the User and to state the corresponding information in the Application.
   3. The Contractor is entitled to control and make adjustments to the Application content. The Contractor has the right to reduce the bonus balance of the User who has breached the Agreement.
   4. The Contractor is entitled to limit or block at any moment an access of the User to the Application without notice to the User.
   5. The Contractor is entitled to terminate the Agreement at any moment unilaterally and to block any use of the Application.
   6. The Contractor is entitled to limit or block an access of the User to the applications developed for other Customers.

5. Limitation of liability

   1. The Application shall be provided to the User "as it is". The Contractor shall not provide any warranties, in particular, related to operability of the Application, its functionality, information contents, availability, reliability and conformity to the User's requirements and expectations.
   2. The Contractor under no circumstances shall be made liable for operability of the User's device.
   3. The Contractor shall not be made liable for loss of the User's information, but shall exert every effort for preservation and possibility of restoration of the User's information, including bonus balance.
   4. The Contractor shall not be made liable for possible damage or losses caused by use of the Application.
   5. The Contractor shall not be made liable for negative consequences and losses which have resulted from events and circumstances, being out of scope of its competence, and for action (failure to act) of third persons, including actions or failure to act of the Customer.
   6. Links to third persons' websites
      1. The application can contain links or can provide access to other websites in the Internet (websites of third persons) and the information on the websites is a result of intellectual activity of third persons, and the information is protected according to the Great Britain law. The indicated websites and the information placed on them shall not be checked by the Contractor for conformity to the requirements of the Great Britain law.
      2. The Contractor shall not be responsible for any information on the third persons' websites to which the User got an access by means of the Application, including, any opinions or statements on the third persons' websites.
      3. The User thus confirm that from the moment of following the link contained in the Application by the User to any third person's website, mutual relations of the Contractor and the User shall be finished, the Agreement shall not further extend to the User, and the Contractor shall not be liable for use by the User of a content, for legitimacy of such use and for quality of the content of third persons' websites.
   7. Holders of the application stores —Apple Inc., Google Inc. and Microsoft Corporation companies — are not involved in activity inside of the Application and under no circumstances shall be liable for Application content.

6. Privacy policy.

   1. By accepting conditions of the Agreement, the User confirms a consent to processing by the Contractor of User's personal data (and by third persons for discharge of the Contractor's duties), provided at registration, including, but not limited to, for reply to the User's requests to the Application support service, and also for settlement of possible claims. The User also confirms the consent to transfer of indicated above personal data to the customer and their processing by the Customer for the purpose of performance of the Agreement and for the purpose of implementation of the Application, with the purpose of discharge of the Contractor's obligations to the User, the Customer and the Customers of other application, and for settlement of the claims related to performance of the Agreement.
   2. The Contractor shall not check reliability of the information provided by the User at registration in the Application, however, the Contractor, in discharge of his/her obligations to the User or the Customer is entitled to carry out check of the information provided by the User.
   3. The Contractor has the right to collect, store and process the technical information on the User system, which includes:
      • Information about the mobile device model of the User (manufacturer, model, operating system version, identifier of the device and other technical parameters and identifiers, including IMEI);
      • Statistical information on the launch of the application and its activities ;
      • List of accounts in the User's device;
      • Information on location of the User's device;
      • Other specifications necessary for improvement of the Application functionality and operability.
   4. The Contractor is entitled to provide the received information to the Customer and to use such information for marketing, advertising and other purposes.
   5. The Contractor shall not be liable for reception by third persons of the User's personal data by getting an access to the User's device. The User shall provide security of the information on his/her device.
   6. The Contractor shall not be liable for use by the Customer of the User's personal data provided at registration in case if the User has deleted the Application.

7. Final provisions

   1. In case of occurrence of any disputes or disagreements related to performance of the Agreement, the User and the Contractor shall use the best efforts to settle them by negotiations by means of e-mail. Inquiries, offers and claims of natural and legal persons to the Contractor, related to the Application content and functioning, infringements of the rights and interests of third persons, infringements of the law, and inquiries of the persons authorized by the law should be sent the address dispute-notice@loyaltyplant.com.
   2. If the disagreements were not settled within 30 days from the moment of sending of the notice according to par. 7.1., the disputes should be settled in corresponding court of competent jurisdiction at the location of the Contractor according to the procedure established by the current Great Britain law.
   3. If any of the provisions of the Agreement is determined to be invalid, this shall not affect the validity or applicability of other provisions of the Agreement.