User Agreement

Effective date: 26 May 2018
as amended on 28 July 2021.

 
Please, read carefully the present Terms of Service before playing.

The present terms of service (“Terms of Service”) constitute a legally binding agreement (“Agreement”) between You (hereinafter – “You”, “Your” and “Yours”) and the company – First Project LLC, registered in compliance with the Law of the Russian Federation, registered address: 19-14, 1st Spasonalivkovsky alley, Moscow, 119049, Russia (hereinafter – “we, “us”, “our” and “ours”).

The present Agreement explains the ways that You are allowed to use our Games, Applications and any other produced products/rendered services (hereinafter jointly referred to as “Products”/“Services”).

 

1. Terms and definitions

“Game” means a Game developed by us, which is a mobile application available through the Application Stores Apple App Store and Google Play.

“User” means a physical person in any ways using our Product or our Services.

“Services” is a term applicable to the Products developed by us and their properties directly controlled by us.

“Personal Information” means information gathered by us in compliance with our Confidentiality Policy, not allowing to identify specific Users.

“Terms” – terms developed by us and specified in the present Agreement which shall be fulfilled/observed by Users.

“Child” —

• relating to User – citizen of the Russian Federation – a person under 18 (eighteen);
• relating to User – citizen of the European Union – a person under 16 (sixteen);
• relating to User – citizen of the USA – a person under 13 (thirteen);
• relating to User – citizen of any other state different from the abovementioned – a person under the age established by the Law of the relevant state.

 

2. General Terms

The fact of Your use of Our Products means Your unconditional consent with all clauses of the present Terms of Service and Your agreement to observe all obligations assigned to You under the present Agreement. Ignorance of the Terms of the present Agreement shall not exempt You from liability for violation of its provisions. If You do not agree to comply with the provisions of the present Agreement, please, do not use Our Products.

You agree that We can at all times and for any reason suspend or terminate operation of any of Our Products or change their content (volume and structure) unilaterally without prior notice or with such notice in form of push notifications (unless the User has turned off this function). You hereby agree that changing and updating of our Products may be accompanied with push notifications messaging.

 
If You decide to turn off the push notifications function, You can do this directly on Your device:

• for devices operating under iOS, the request for use of push notifications will be presented to You at the start of work with Game or Application;
• for devices operating under Android, there will be no such request. You can disable the use of push notifications manually by turning off the relevant option, “Allow notifications”, in “Applications” section of Your device settings.

 
You understand that Our Products keep developing. Thus, in order for You to continue using our Products, it may require You to download and install updates of Our Products at all times without prior notice. You agree and acknowledge that after update launch previous versions of the Product may become unavailable or may no longer be supported by us.

Our Products may contain advertisements of third-party products and services. The advertisements are selected on Google Play and AppStore platforms in order to comply with COPPA (Children’s Online Privacy Protection Rule) restricting the use of advertisements unsuitable for children’s audiences and/or containing behavioral targeting, and also to comply with the list of advertising networks certified for use in “Designed for Families” software.

We may also amend/update the present Terms at all times, thus we recommend You to periodically review the contents of this Agreement in order to learn timely of any amendments and/or updates. By continuing to use our Products after amendment of the Terms, You automatically agree with the new Terms. In case You disagree with amendments to the Terms, You shall immediately stop using Our Products.

 
Please, note:

If You are not a Child as specified in clause 1 hereof, You guarantee that You have read and understood the present Terms and agree with them.

If You are a parent or guardian of a person under 18 (eighteen) (for Users – citizens of the Russian Federation), under 13 (thirteen) (for Users – citizens of the United States of America) or under 16 (sixteen) (for Users – citizens of the European Union), using our Products, You represent that You have read, understood and agree with these Terms.

If You are a Child, You shall obtain consent of Your parent or guardian in order to use Our Products. Please, familiarize your parent/guardian with the present Terms before using our Products.

The present Agreement together with our Confidentiality Policy constitutes the full agreement between You and First Project LLC concerning Your use of our Products.

Our failure to exercise or enforce any right or provision hereof shall not be regarded as waiver of any such right or provision. Should any provision hereof become void, such provision shall be deemed as ineffective and this shall not affect the validity and legal power of the remaining provisions hereof.

 

3. Terms of Use and Confidentiality Policy

After installation of any of Our Products on Your device and before the beginning of Product use, You shall be presented for familiarization/reading with the text of this Agreement, the contents of the Terms of Use of Our Products by You and the text of the Confidentiality Policy developed by Us regarding Your personal data gathered and processed by Us.

Pushing the “I agree” button, You confirm that You have read, understood and agree with the present Terms and also give your consent for gathering, processing, use and storage of Your Personal Information in compliance with Our Confidentiality Policy. Our Products will become available for use only after You confirm that You have been familiarized and provide Your unconditional agreement with the present Agreement.

Please, note that if You disagree with the present Terms or the provisions of the Confidentiality Policy regarding gathering and processing of Your personal data, unfortunately, You may not use Our Products and/or our Services and shall stop using our Products and not download or delete Application and/or Game from all your devices.

You do not need to register in Our Games and Applications. You can download Our Products without registration. In so doing, You shall not violate or block or otherwise damage any security instruments of Our Products or instruments preventing or limiting the use or copying of any element and/or part of the Product or imposing limitations on Product use. You shall not transfer any information and/or software containing viruses or any other harmful components and perform any other actions incompliant with the standards of the effective legislation of the Russian Federation or international law. You may not alter the program code of our Products.

You shall observe Our intellectual property rights and provisions of the clause “Intellectual Property” hereof.

You are authorized to use our Products and all relevant gaming services exclusively in noncommercial personal aims and in full compliance with the present Terms.

You shall independently and at your own expense pay for the software on Your device and Internet access required to use Products.

 

4. Paid services

Your use of Our Games under the terms hereof may be both free of charge and on a payment basis. Information whether the use of a Game is paid or free can be found in the description of the relevant Game and shall become available to You before the start of download of the relevant Game to Your device.

Games may contain inbuilt sales of certain content and/or Game levels purchasable by You for money. After making a purchase, the money paid by You shall not be refunded. The size of payment may be changed by Us unilaterally. When You purchase a Game or its part, all payments are accepted and processed by mobile application stores (Google Play or Apple App Store), thus, we recommend You to familiarize yourself with payment rules of the said application stores (hereinafter – “Application Stores”).

 
Please, note:

We shall not be liable for Your compliance with the conditions of payment for additional (paid) gaming services (Game parts/levels) as it is beyond Our control.

In some of Our Games You may be offered to purchase a Subscription. Purchasing a subscription, You automatically agree with the following:

• Subscription payment will be withdrawn from You in accordance with the payment method chosen by You in Your application store. The size of payment will be demonstrated in the process of purchase;
• Subscription will be prolonged automatically at the end of each Subscription period until You cancel the Subscription or until We do that. For example, if You buy a monthly Subscription, it will be automatically prolonged for the next month one month after purchase and the money will be automatically withdrawn from Your account.

 
Subscription cancellation

To cancel automatic resubscription and automatic withdrawal of funds, You must cancel the subscription no later than within 24 (twenty four) hours before the end of current Subscription period. You may cancel Subscription at all times via subscription settings in Application Store of Your device:

• For Google Play, see subscription cancellation instructions here: https://support.google.com/googleplay/answer/7018481?hl=en
• For Apple App Store, see subscription cancellation instructions here: https://support.apple.com/en-us/HT202039

 

5. Term of Agreement

This Agreement shall become effective from the moment when You press the “I agree” button before starting the Game, confirming that You have read, understood and agree with the Terms of the present Agreement and the provisions of gathering and processing of Your Personal Data as specified in Our Confidentiality Policy. This Agreement remains effective for as long as You use our Products.

 

6. Disclaimer and notifications

Your use of Our Products and/or Services is performed by You independently and on the “as is” principle, meaning that We shall not be liable to You under any circumstances for any direct and/or indirect damage inflicted upon You in relation to the use of Products and/or Services and/or inability to use Products and/or Services.

We do not provide any guarantees of faultless and continuous operation of Our Products or their separate components and/or functions, their suitability for specific aims and correspondence with anticipations of specific Users, and we also do not provide any guarantees not stated directly in this Agreement.

We shall not be liable for any direct or indirect consequences of any use or inability to use our Products and/or damage inflicted on You as the result of any use, failure to use or inability to use Our Products or their separate components and/or functions, including due to possible mistakes or faults in Product operation.

We hereby inform You that regular lengthy (continuous) operation of a personal computer, including any screens/monitors, may cause various health implications, including reduction of sight, scoliosis, various forms of neuroses and other negative body effects. You guarantee that You will use Our Products exclusively for reasonable time periods taking relaxation breaks or implementing other measures to prevent health implications if any of such are recommended and/or prescribed to You.

We do not provide any express or implied guarantees that all defects have been eliminated and/or all software mistakes have been revealed during Product development and based on the above mentioned, among other things, We shall make all commercially reasonable efforts to reveal the said defects and/or mistakes and eliminate them within reasonable terms.

We hereby inform You that the rights for all objects of proprietary and related rights and the rights to means of individualization contained in program code of our Games belong to Us and are protected by the Law of the Russian Federation and international law.

 

7. Intellectual property

Source and object code, gameplay, user interface, graphic images, animations, video sequences, sound records, sound effects, music, verbiage and contents of Our Products and any other elements of the Products are objects of intellectual property or contain such objects the exclusive rights to which belong to their lawful owner – First Project LLC. Our Products are protected by intellectual property laws of the Russian Federation and relevant international legal treaties.

You agree that any and all parts or elements of a Product are constituents of the Product and are protected by law. Despite that You are granted the right to use the Product, this may not be regarded as transfer or assignment of any exclusive right related to the Product, its part or elements from its rights holder, First Project LLC, to You.

None of the Products/their parts/elements may be copied (reproduced), processed, distributed, published, transferred, sold or otherwise used in full or in part.

Under condition of Your compliance with the Terms of this Agreement and consent to gathering and processing of Your personal data as specified in our Confidentiality Policy, We provide You with a limited, nonexclusive, nontransferable, non-sublicensable license for downloading, installation and access to our Products, the right to watch and/or use Our Products on a single mobile device/several mobile devices or computer/computers owned or controlled by You exclusively for the purposes specified in this Agreement. No other use of our Products is allowed.

You may not otherwise use, download, execute, reproduce, publish, license, transfer, alter, create derivative works, reconstruct, decompile, adapt, distribute, assign or use our Products or their functions or components in full or in part.

All trademarks, logos and service marks reflected in Our Games are owned by Us. You may not use these trademarks, logos and service marks.

 

8. Application Stores

You acknowledge and agree that availability of Products depends on a third party — Apple App Store or Google Play (hereinafter “Application Stores”). Application Stores are exclusively liable for the service provided by them, by means of which You gain access to Our Products (hereinafter – “the Service”). In order to use the Service, You need an Internet access and You agree to pay all fees related to such access. You also agree to pay all fees (if any) imposed directly by Application Stores. You agree to comply with all the terms and policies of Application Stores in the course of Your use of the Service.

Your use of Products downloaded via App Store must comply with App Store Terms of Service. Your use of Products downloaded via Android Market must comply with Google Terms of Service.

 

9. Applicable Law

This Agreement and any actions related to the Terms thereof are regulated by the Law of the Russian Federation. Despite the above said, if You are a resident of the European Union or the United States of America, note that under certain circumstances You may invoke the protection established by the provisions of the Law of the country You reside in.

You hereby agree to mandatory pre-trial settlement of disputes. You hereby agree to submit to jurisdiction of courts located in Moscow (the Russian Federation). Please, note that despite the above said, if You are a resident of the European Union or the United States of America, under certain circumstances You may file claims with authorized bodies or courts of various countries of the European Union or the United States of America at place of residence.

In accordance with §1789.3 of the Civil Code of California, in case You have any claims, You may file Your claims with the Claim Assistance Unit of the Consumer Services Division of the Consumer Department of California, by contacting them in writing at the address: 400 R Street, Sacramento, CA 95814.

If You are a resident of the European Union or the Russian Federation, You may file Your claims with local consumer protection authorities.

 

10. Contact details

If You have any questions related to this Agreement and its Terms, please, contact Us. Contact details are presented hereunder.

First Project LLC
Legal Address: Russia, 119049, Moscow, 1st Spasonalivkovsky Alley, 19-14
Email: policy@projectfirst.ru

We will do our best to eliminate any problem or resolve any complications.