Terms of use
(hereinafter, the "Terms")

1. Subject

These Terms of Use of www.theaskapp.com website (hereinafter, the "website") and [ASK] mobile application shall constitute an agreement between Pintoleza Holdings Limited (Registration number: HE 250603, address: 6 Tassou Papadopoulou, Flat: 22, Ag. Dometios, Nicosia, 2373, Cyprus) (hereinafter, the "Developer") and any capable individual in accordance with the applicable laws of the Russian Federation who intends to create an account to access the website and/or [ASK] mobile application (hereinafter, the "User").

[ASK] shall mean a website and an iOS mobile application targeting the audience aged over 18 and aimed at facilitating new acquaintances as well as the exchange of information, news, and photos.

These Terms are deemed by the Developer as a public offer in accordance with Article 437 of the Civil Code of the Russian Federation. The User's registration on the website and/or in [ASK] mobile application means full and unconditional acceptance of the Terms by the User in accordance with Article 438 of the Civil Code of the Russian Federation.

The Developer may amend the Terms unilaterally without any special notice to the User. The new edition of the Terms shall come into effect from the date on which it is posted at www.theaskapp.com/terms/. The current edition of the Terms is available at www.theaskapp.com/terms/.

The Developer recommends that Users regularly check these Terms for any changes. The continued use of [ASK] by the User after the Terms have been amended constitutes the User's agreement and acceptance of such changes.

2. Procedure for [ASK] use

2.1. User registration.

2.1.1. Any individual who is fully capable in accordance with the applicable laws of the Russian Federation and who has successfully completed registration may become a [ASK] User.

2.1.2. To register with [ASK], the User shall enter a subscriber number in the appropriate section of the [ASK] interface. A message with the confirmation code shall be sent to the subscriber number specified by the User. After the subscriber number is confirmed, the User will be able to use it to log into [ASK].

2.1.3. The User bears sole responsibility for protecting and keeping its account data used to log into [ASK] confidential. The User shall also be solely responsible for all actions involving the use of such account data. If the User suspects that someone has gained access to its account, the User shall be obliged to report this immediately to [ASK] customer support service (support@theaskapp.com).

2.1.4. In case of successful registration, [ASK] shall create a User profile and account.

2.1.5. The User account includes data entered during registration, information about paid [ASK] services, tools to contact customer support service, as well as other information and functions provided by [ASK] interface.
The list of account information and functionality may be changed by the Developer as per these Terms.

2.2. General terms of [ASK] use.

2.2.1. Special terms and conditions of use of certain [ASK] services may be specified in the relevant section of [ASK]. As soon as such special terms and conditions are posted to [ASK], they become an integral part of these Terms. The User undertakes to carefully read in advance the terms and conditions of service use.

2.3. Purchases.

2.3.1. [ASK] may offer Users paid access to certain sections, resources or information and other paid services.

2.3.2. Paid services mean premium subscription and/or in-app (website) purchases of virtual objects ("super," gifts, etc.) containing a certain amount of [ASK]services available to the User. The Developer shall add the functionality of paid services, information about the price and terms of use in User's [ASK]account.

2.4. Payment for services on [ASK] website.

2.4.1. Services on [ASK] website can be paid for by using payment tools provided by the Developer's partners. After successful debiting of funds from the User's bank card, the Developer's partner shall send a receipt to it (or information identifying the online receipt) electronically to the specified subscriber number or e-mail address. The User hereby agrees to receive a receipt electronically to the subscriber number and/or e-mail address specified during registration.

2.4.2. The Developer neither stores nor processes the User's bank card information. All operations on the debiting of funds from the bank card, as well as related data storage shall be carried out by the Developer's partners.

2.4.3. The User shall contact the Developer's support service at support@theaskapp.com regarding all issues related to payment for [ASK] services, cancellation of a purchased paid service, refund, etc.

2.5. Payments for services in [ASK] mobile application.

2.5.1. Services in [ASK] mobile application can be paid for by using tools provided by a mobile app store which the User used to download [ASK] application. Payment shall be made by identifying the User via a unique account registered in the mobile app store.

2.5.2. All payments shall be processed directly by the staff of the mobile app store in accordance with the terms of the user agreement posted on the mobile app store's website.
The User shall contact the staff of the respective mobile app store (Apple iTunes support services can be found at support.apple.com) regarding all issues related to payment for the App services, cancellation of a purchased paid service, refund, etc.

2.6. Premium subscription.

2.6.1. If the User pays for a premium subscription, it shall be automatically renewed for the same premium subscription period specified at the time of the initial purchase until the User cancels or suspends it. After the purchase of a premium subscription and within 24 hours prior to the end of the current subscription, the User shall be charged a fee corresponding to the fee agreed upon at the time of subscription; the payment shall be made in the manner selected at the time of subscription. The User hereby consents to such automatic renewal and the corresponding debiting of the premium subscription fee from the bank card.
The User may cancel the premium subscription at any time in accordance with the procedure set forth in these Terms.

2.7. Virtual objects.

2.7.1. When the User acquires or obtains virtual objects, it is entitled to use them to receive additional [ASK] services, whereby the User acquires no ownership rights to virtual objects. Monies spent on virtual objects shall not be subject to reimbursement. Virtual objects may not be exchanged for money.

2.7.2. The User may use acquired virtual objects throughout the entire period of its registration with [ASK].

2.7.3. Virtual objects may not be combined with the virtual objects of other users or transferred to other users, they shall be cancelled after termination of the User's registration with [ASK], whether the registration is terminated by the User voluntarily or by [ASK].

2.7.4. [ASK] may withdraw unused free virtual objects from the User at any time and/or discontinue free services provided to the User during a promotional campaign.

3. Rights and Obligations of the User

3.1. When using [ASK], the User shall comply with the provisions of the applicable laws of the Russian Federation and these Terms.

3.2. The User may not post on [ASK] information, data, texts, images, photos, graphics, music, or other materials (hereinafter, "Content"), or send messages via [ASK] that may infringe on the rights and interests of other persons.

3.3. The User shall be solely liable for Content uploaded, sent, transmitted, or made available on [ASK] as a result of the User's other actions. The Developer shall bear no responsibility for the Content sent and/or posted on [ASK] by the User.

3.4. The User shall be obliged:

3.4.1. not to upload, store, post, distribute, provide access to, or otherwise use any information which

  • contains pornography and/or texts or scenes of sexual nature involving minors;
  • describes suicide methods or contains any encouragement to committing suicide;
  • propagates and/or promotes racial, religious, national, and ethnic hatred or animosity;
  • promotes abuse and violence;
  • contains extremist materials;
  • propagates crime or contains advice, instructions or guidance to committing a crime;
  • contains classified information, including, without limitation, state and commercial secrets, information about private life of third parties;
  • promotes drug use or describes it as attractive, contains information on drug dealing, recipes for drugs and advice on how to use them; i) is fraudulent;
  • is defamatory and harmful to the business reputation of other persons;
  • infringes on privacy of other Users or third parties;
  • is slanderous, contains obscene or offensive language or proposals;
  • infringes on the rights of third parties and the applicable laws of the Russian Federation.

3.4.2. when placing Content on [ASK], to respect the rights of third parties, including copyright of authors and owners of respective results of intellectual activity;

3.4.3. when placing photos of third parties on [ASK], to obtain the said parties' consent to making such images available to the public and/or their use;

3.4.4. not to place on [ASK] or transmit via [ASK]'s tools Content which contains promotional information or propaganda;

3.4.5. to update personal information;

3.4.6. not to disclose third parties' data with the intention to pass oneself off as another person;

3.4.7. not to use [ASK] to register any information or promotional pages of a legal entity, another organization and/or association;

3.4.8. not to send spam (including spamdexing);

3.4.9. not to use [ASK] for placing/distributing Content with malware or other computer codes, files, or programs intended to disrupt, destroy, or limit the functionality of any computer or telecommunications equipment, or software, for getting unauthorized access, as well as serial numbers for commercial software and programs for generating them, logins, passwords, and other means of getting unauthorized access to paid online resources, and for placing links to the abovementioned information;

3.4.10. to asses at its own discretion whether the placed/sent Content complies with the applicable laws of the Russian Federation and these Terms;

3.4.11. not to use [ASK] to collect, store, or distribute other persons' personal data, or to place links to email addresses, website addresses (URLs) and other programs, or telephone numbers of other persons;

3.4.12. not to disrupt proper operation of [ASK].

3.5. If the User does not agree with these Terms or changes thereof, the User shall cease using [ASK].

3.6. The User may send notices, communications, questions, proposals, and claims in connection with the subscription and/or Developer's actions to the following email address support@theaskapp.com or the Developer's mailing address specified in Clause 1 hereof.

3.7. The User may delete its personal page at any time using [ASK]'s special tools made available in its account.

3.8. In accordance with Article 32 of the Law "On Consumer Rights Protection," the User may cancel its subscription at any time, subject to payment to the Developer of actual expenses in connection with the fulfillment of its obligations hereunder.

3.9. The User may cancel its premium subscription to [ASK] website by sending a respective message to [ASK]'s customer support service in accordance with the procedure stipulated in Clause 3.6 hereof.

3.10. The User may cancel its premium subscription to [ASK] app on its own by changing the settings of iTunes / Google Play Store personal account. The User can find a step-by-step guide on the official Apple website.

3.11. In the event of improper provision of services by the Developer, the User may file a complaint in accordance with the procedure stipulated in Clause 3.6 hereof.

3.12. If no complaint is filed, the service shall be deemed duly rendered and accepted by the User.

4. Rights and Obligations of the Developer

4.1. At the User's request, the Developer shall provide it with any information pertaining to premium subscription, as well as respond to the User's messages sent in accordance with the procedure stipulated herein.

4.2. The Developer may request documents from the User confirming information provided by the User at registration.

4.3. The Developer may suspend or terminate the User's registration with [ASK] and/or delete any Content uploaded by the User without notice to User and/or explanation.

4.4. The Developer may change the design, content and functionality of [ASK] at its own discretion, including the price, description and terms of purchase of paid services.

4.5. The User authorizes the Developer to use the User's email address and mobile phone number stated during registration for sending any messages, including advertising, notifications about events and new features of [ASK], as well as similar notifications from other resources (at the Developer’s discretion). The User may revoke the said authorization at any time by giving the respective notice in accordance with the procedure stipulated in Clause 3.6. of these Terms.

5. Rights to intellectual work products and means of individualization.

5.1. All Content published on [ASK], including design elements, text, graphics, images, videos, scripts, programs, music, sounds and other Content, are subject to the exclusive rights of the Developer and other rights holders.

5.2. Except as expressly defined herein or by the applicable laws of the Russian Federation, or directly contemplated by the respective [ASK] platform or service, no Content may be placed, copied (reproduced), processed, distributed, published, downloaded or used otherwise in whole or in part without prior permission of the rights holder.

5.3. The Developer may, but shall not be obliged, to review [ASK] for inappropriate Content and may delete or move (without notice) any Content at its sole discretion, for any reason or without reason, including, without limitation, moving or deleting Content that, in the opinion of the Developer, violates these Terms, the provisions of the applicable laws of the Russian Federation and/or may violate the rights, cause harm or threaten the security of other Users or third parties.

5.4. Nothing in these Terms gives the User the right to use the brand name, trademarks, domain names or other means of individualization of the Developer and/or third parties presented in [ASK].

6. Privacy Policy

6.1. The Developer shall process the information in accordance with the Privacy Policy, which is included in these Terms and which you can read at www.theaskapp.com/privacy/. Please, review the Privacy Policy before using [ASK]. By using [ASK], you consent to such processing and warrant that all data provided by you is true, correct, and accurate.

7. Miscellaneous

7.1. All disputes concerning the agreement between the User and the Developer shall be regulated in accordance with the applicable laws of the Russian Federation. The extrajudicial dispute resolution procedure shall be mandatory for dispute resolution. The timeframe for responding to a claim shall be 10 (ten) business days from the date of its receipt. In the event that the parties fail to resolve a dispute through negotiations, it shall be referred to a court at the location of the Developer.

7.2. Should any provision hereof be ruled invalid by a court, it shall not affect the validity of the remaining provisions hereof.

7.3. In all matters that fall outside the scope of these Terms, the Parties shall seek guidance from the applicable laws of the Russian Federation.

7.4. These Terms shall come into effect for the User from the moment of its acceptance of the offer by way of registering on [ASK] and remain in effect until the parties have discharged their obligations hereunder in full.