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Terms of Use

Last updated: September 9, 2024




Intro

Please read these Terms of Use (“Terms”) carefully before using the mobile application “Strilets” (“Application”) or the website at https://download.strilets.tech/ and/or all subdomains of this website (“Website”).


WARNING!

THE TERMS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE APPLICATION OR WEBSITE IN ANY MANNER.


The processing of personal data connected with your use of the Website or Application is carried out in accordance with our Privacy Notice.

If you have any questions or comments about these Terms, or the operation of the Website or Application, please contact us.




Content




About us

When we use “we” in the Terms, we mean:


Name

Sole entrepreneur Dmytro Tsapko Vasylovych

Registration number

3216206571

Address

52030, Ukraine, 52030, Dnipropetrovsk region, smt Obukhivka, str. Kharkivska 186

Email

contacts@strilets.tech – for general inquiries

contacts@strilets.tech – for data protection inquiries


You can contact us at the email addresses listed above.

Please pay attention:



WARNING!

If we believe that your behavior or communication towards any of our customer support service representatives or other team members at any time is threatening or abusive, we reserve the right to immediately terminate your Account.




Entire agreement

These Terms and Privacy Notice constitute:



By using the Website in any way, you represent and warrant that:



By installing the Application, you:



WARNING!

IF YOU DO NOT AGREE TO THE TERMS, PLEASE NOTE THAT YOU ARE PROHIBITED FROM:


  • USE THE WEBSITE;

  • DOWNLOAD, INSTALL, AND USE THE APPLICATION.


IN SUCH CASES, YOU MUST DELETE, NOT DOWNLOAD, OR NOT INSTALL THE APPLICATION OR USE THE WEBSITE, ACCORDINGLY.


By agreeing to the Terms, you also agree to the Privacy Notice as part of these Terms.




Website use

You can learn more about us, our Application, as well as the specifics of our areas of expertise with the help of information published on the Website.


WARNING!

ANY INFORMATION PUBLISHED ON THE WEBSITE:

IS FOR INFORMATIONAL AND ILLUSTRATIVE PURPOSES ONLY;

DOES NOT PROVIDE YOU WITH A REPRESENTATION OR WARRANTY OF ANY KIND THAT YOU WILL ACHIEVE ANY KEY PERFORMANCE INDICATORS (KPIs) OR ANY OTHER RESULTS AS A RESULT OF ACCESSING OR USING THE WEBSITE MATERIALS OR THE RESULT OF USING THE APPLICATION.

BY USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE DULY INFORMED OF, AWARE OF, AND HAVE NO COMPLAINTS, CLAIMS, DEMANDS, OR OBJECTIONS THAT ANY OF YOUR ACTIVITIES ARE PERFORMED AT YOUR OWN RISK AND YOUR USE OF THE APPLICATION IS PERFORMED AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.

WE ARE NOT RESPONSIBLE FOR THE INABILITY TO USE THE WEBSITE OR CONTENT (DEFINED BELOW).




Application use

Strilets” mobile application is a ballistic calculator, a complex software designed to calculate the characteristics, and trajectory of the bullet, and make the necessary corrections in the aiming process, taking into account the characteristics of the cartridge, weapon, sight, and environmental conditions.

The application is designed to help users determine the number of clicks (corrections) required to adjust the scope drum at any distance.

For shooters using non-serial production ammunition, it is possible to manually enter values ​​of the ballistic coefficient to calculate the trajectory.


WARNING!

THE APPLICATION IS INTENDED FOR SPORTSMEN AND HUNTERS WHO CARRY OUT RELEVANT ACTIVITIES IN COMPLIANCE WITH THE REQUIREMENTS OF THE APPLICABLE LAW OF UKRAINE AND THE STATE (OR TERRITORY) OF RESIDENCE OR STAY OF THE USER.

YOU, AS A USER OF THE APPLICATION, USE THE APPLICATION AT YOUR OWN RISK AND BEAR FULL PERSONAL RESPONSIBILITY FOR THE CONDUCT AND CONSEQUENCES OF USE OF THE APPLICATION BY YOU OR PERSONS ACCESSED OR ABLE TO USE THE APPLICATION DUE TO YOUR FAULT.

WE HAVE NO LIABILITY FOR ANY ILLEGAL ACTIONS COMMITTED BY YOU THROUGH THE APPLICATION OR WEBSITE.

WE DO NOT ENDORSE OR SUPPORT ANY ILLEGAL ACTIVITY COMMITTED THROUGH THE APPLICATION OR WEBSITE.


You can install the Application by downloading it from the Apple App Store or Google Play, respectively. The application is available in a mobile version compatible with iOS, iPadOS, and Android.

Please note that:





Account

If the use of the Application requires so, you must have a personalized account (“Account”) by providing complete, up-to-date, and reliable information.

If you create the Account, you are prohibited from transferring your Account and the data required to log in to your Account to other persons.

Also, in this case, you are fully responsible for maintaining the confidentiality of the specified data, as well as all actions performed through your Account due to your fault (intentional or negligent).

Please notify us immediately if you know or suspect that someone has unauthorized access to your Account.

You can delete your Account by using the appropriate functionality of the Application, if applicable, or contacting us.


WARNING!

AS OF THE EFFECTIVE DATE OF THESE TERMS, THE CREATION OF THE ACCOUNT IS NOT REQUIRED BUT WE MAY IMPLEMENT IT IN THE FUTURE.




Payment and refunds



Basic plan

By installing the Application, you acquire a free-of-charge license to use the Application with a limited set of features as may be provided or canceled by us at our sole discretion.




Subscription plans

To get a set of additional features you may subscribe under one of the then-currently available subscription plans, subject to the regular payment of the then-current subscription fees (including VAT, if applicable) displayed in the Application.

We reserve the right to change the subscription plans and the list of the features under them at any time. Should these changes significantly impact your use of the Application, we will ensure you receive adequate notice.




Payment terms

Your payments of the subscription fees are processed via the Apple App Store and/or Google Play in the manner and under the terms specified in the Apple App Store and/or Google Play, respectively.


WARNING!

ALL BILLING AND TRANSACTION PROCESSES ARE PROCESSED BY THE APPLE APP STORE AND/OR GOOGLE PLAY, RESPECTIVELY.

THE TERMS, METHOD, AND PAYMENT PROCEDURE ARE DEFINED AND GOVERNED BY THE TERMS AND CONDITIONS OF THE APPLE APP STORE AND/OR GOOGLE PLAY, RESPECTIVELY.

WE DO NOT HAVE ACCESS TO YOUR GOOGLE/APPLE ID ACCOUNTS AND CAN NOT MANAGE YOUR PURCHASES/SUBSCRIPTIONS ON GOOGLE PLAY AND/OR APPLE APP STORE, RESPECTIVELY.


Please note that:



Please note if you pay in a currency that is different from the currency in which the fees are quoted, your bank may apply its current exchange rate and/or add commissions and fees on top of our subscription fees.




Subscription changes

We reserve the right to revise the subscription fees at any time. We shall provide you with adequate notice of any subscription fee changes before they become effective.

If you do not agree to pay the updated subscription fees, you can cancel your subscription, and after your current subscription period expires, you can continue using the Application’s free-of-charge features only.

If you do not cancel your subscription before the effective date of the fee change, you will be deemed to have agreed to the updated fee, which will be charged commencing your next subscription period.




Subscription renewals

Your subscription will automatically renew, and you will be charged a subscription fee for the subsequent subscription period unless you cancel it at least 24 hours before the billing date in your device settings.




Acceptable use policy

Whenever you use the Website or Application, respectively, you agree to comply with these Terms, all applicable laws, regulations, and international law.


WARNING!

YOU MAY NOT USE OUR WEBSITE AND APPLICATION TO COMMIT ANY ILLEGAL ACTIVITY THAT COULD CONSTITUTE A CRIMINAL, ADMINISTRATIVE OFFENSE, OR ANY OTHER VIOLATION THAT RESULTS IN CIVIL LIABILITY.


Please note that you are also prohibited from:



Improper use of the Website or Application is any use or interference with the Website or Application that is contrary to these Terms or applicable law.

We reserve the right to take appropriate action if the Website or Application is used by you in violation of these Terms or applicable law, including cooperation with public or private authorities as required by law.

In addition, if you violate these Terms, we reserve the right to limit or terminate (in whole or in part) access to the Application, and to initiate legal proceedings if you use the Website or Application in a way that is not intended.

If we are contacted with a complaint related to your use of the Application and, upon review of such complaint, it is determined that you are in violation of these Terms, we may terminate your Account (if any) without further notice, in addition to other measures provided for in the Terms and applicable law.


WARNING!

OUR WEBSITE AND APPLICATION ARE NOT INTENDED FOR USE IN COUNTRIES (OR TERRITORIES) WHERE THE OFFERING OR PROVISION OF THE APPLICATION DOES NOT COMPLY WITH REGULATORY REQUIREMENTS.

WE DO NOT PROVIDE (AND, ACCORDINGLY, PROHIBIT) OUR WEBSITE AND APPLICATION FOR USE IN SUCH COUNTRIES AND CITIZENS OF SUCH COUNTRIES AS: THE RUSSIAN FEDERATION, IRAN, CUBA, NORTH KOREA, SYRIA, AND SUDAN.




Children and minors

By using the Application, you warrant that you are at least eighteen (18) years old and/or of full legal capacity under the laws of the country (or territory) in which you reside or are located and from which you access the Application.


WARNING!

IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE AND/OR YOU HAVE NOT ACHIEVED FULL LEGAL CAPACITY UNDER APPLICABLE LAW, YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING THE APPLICATION.


You understand and acknowledge that the Internet may contain information that may be inaccurate, offensive, obscene, illegal in various jurisdictions, or otherwise inappropriate.

You also agree that we are not responsible for providing access to such information and for any damages resulting therefrom.




Content and intellectual property

We own the Website and Application or use them lawfully.

All materials on the Website and Application, including text, images, designs, graphics, logos, icons, audio and video recordings, interfaces, software, trademarks, trade names, other information, and disclosures, as well as materials made available to you under the use of the Website and Application (“Content”), as well as copyright and other intellectual property rights to such Content, are owned by us or posted or used with the consent of the respective rightsholders.

The Content and any elements thereof must not be used in any way (including copying or downloading) other than as permitted by these Terms or without our prior written permission or the written permission of the respective rightsholders.

Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, revocable, non-sublicensable, non-transferable license to:



We may periodically update and modify the functionality of the Website or Application, respectively. The license set forth herein applies to any updates and modifications unless we otherwise notify you.


WARNING!

YOU ARE PROHIBITED AND YOU MUST NOT REPRODUCE, PUBLISH, DISTRIBUTE, DISPLAY, MODIFY, CREATE DERIVATIVES OF, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, OR OTHERWISE USE THE WEBSITE OR APPLICATION, AND CONTENT WITHOUT OUR PRIOR WRITTEN PERMISSION OR FOR ANY UNLAWFUL PURPOSE.

ANY COMMERCIAL USE IS STRICTLY PROHIBITED.

YOU ARE NOT ENTITLED AND ARE PROHIBITED TO RESELL OUR APPLICATION OR ALLOW OTHER USERS TO ACCESS THE APPLICATION THROUGH YOUR ACCOUNT.

YOU AGREE NOT TO ALTER OR REMOVE ANY COPYRIGHT, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS NOTICES ON THE WEBSITE, THE APPLICATION, OR MATERIALS AVAILABLE THROUGH THE WEBSITE OR APPLICATION.

YOU ARE PROHIBITED AND YOU MUST NOT USE THE WEBSITE, THE APPLICATION, OR CONTENT FOR THE PURPOSE OF SENDING SPAM, UNWANTED EMAIL, PORT SCANNING, SEARCHING FOR OPEN PROXY SERVERS OR OPEN REPLAYERS, OR OTHER TECHNOLOGY ATTACKS BY ANY MEANS OR NETWORKS, BY ANY MEANS OR IN ANY MANNER.


We may terminate your license to access and use the Website or Application, respectively, if:





Third-party websites and services

The Website and Application may contain links to third-party websites and services that we do not control.


WARNING!

WE ARE NOT RESPONSIBLE FOR THE CONTENT AND FUNCTIONS THAT MAY BE OFFERED ON THIRD-PARTY WEBSITES OR SUCH THIRD-PARTY SERVICES. YOU USE THEM AT YOUR OWN RISK AND RESPONSIBILITY. WE ARE NOT LIABLE FOR ANY DAMAGES OR OTHER LIABILITIES ARISING FROM YOUR USE OF SUCH THIRD-PARTY WEBSITES OR SERVICES, OR INFORMATION OR MATERIALS AVAILABLE THROUGH SUCH WEBSITES OR SERVICES.


Please note that other terms of use (or their equivalents) and privacy policies (or their equivalents) apply to your use of third-party websites and services. In no case, we are responsible for personal data processed by third-party websites and services.

However, access to and use of other websites and services that we own or operate are subject to other terms of use posted on such websites and services and are not governed by these Terms.




Disclaimer of warranty

The Website and Application are provided on an “as is” basis.

Unless otherwise provided in these Terms, we disclaim all representations and warranties, to the fullest extent permitted by law, regarding the Website, Application, their functionality, as well as Content, including, without limitation, representations and warranties of fitness for a particular purpose and non-infringement of intellectual property rights of third parties or other rights.

We make no representations or warranties as to the accuracy or actuality of the information published on the Website or in the Application.

We do not make any promises, warranties, or guarantees, in particular, regarding the accuracy, usefulness, reliability, or correctness of the operation of the Website and Application. We do not warrant that the operation of the Website and Application will be uninterrupted or secure, that any defects will be corrected, or that the Website and Application are free of viruses or other harmful elements.


WARNING!

BY USING THE APPLICATION, YOU REPRESENT AND WARRANT THAT YOU ARE DULY INFORMED OF, AWARE OF, AND HAVE NO COMPLAINTS, CLAIMS, DEMANDS, OR OBJECTIONS REGARDING THAT YOUR USE OF THE APPLICATION DOES NOT WARRANT YOU ANY OR ANY SPECIFIC RESULTS.


The quality of access to the Website or Application may vary from time to time.

We endeavor to provide the Website and Application at all times, except for limited periods required for maintenance and setup. However, the Website and Application may be unavailable due to a number of factors beyond our control, including emergency situations, service disruptions, hardware or network problems, etc.

There may be delays in the operation of the Website or Application. We are not responsible for data, messages, or pages lost, undelivered, delayed, or misdirected due to interruptions or problems with the Website, Application, or communication services or networks. We may place restrictions on the use of the Website and Application, suspend access to them, or block certain uses in our sole discretion, in order to protect users, the Website, or Application. The accuracy and timeliness of the received data are not guaranteed, delays or interruptions may occur.


WARNING!

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, THE EXPRESS WARRANTIES AND CONDITIONS REGARDING THE WEBSITE AND APPLICATION WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN THE RELEVANT JURISDICTION.




Liability

Non-performance or improper performance of the obligations provided for in these Terms shall result in liability provided for in these Terms and the law of Ukraine.

You agree and undertake to indemnify and hold harmless us, our licensors, employees, contractors, consultants, agents, and other counterparties from and against any third-party claims, liability, damages, and/or expenses (including reasonable charges of the attorney fees and costs), as well as costs related to access or use of the Website or Application, your violation of these Terms or applicable law, rights of third parties.

You agree to indemnify us and our licensors, employees, contractors, consultants, agents, and other counterparties against claims, demands, and damages (direct and indirect) of any kind and nature, known or unknown, arising out of or in any way related to your use of the Website or Application.


WARNING!

WE ARE NOT RESPONSIBLE FOR ANY ACTIONS OF USERS, INCLUDING THE USE OF THE WEBSITE OR APPLICATION.

IN NO EVENT SHALL WE, OUR LICENSORS, ASSOCIATES, CONTRACTORS, CONSULTANTS, AGENTS, OR OTHER PARTNERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT AND/OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE OUR WEBSITE, APPLICATION, OR CONTENT, WHETHER ONLINE OR IN REAL LIFE, BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING, BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR BUSINESS INTERRUPTION ARISING FROM YOUR USE OR INABILITY TO USE OUR WEBSITE, APPLICATION, OR CONTENT ANYWHERE ON THE INTERNET OR IN REAL LIFE.

NOTWITHSTANDING THE PROVIDED ABOVE, IF ANY OF THE MENTIONED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE, APPLICATION, OR ANY CONTENT, THE TOTAL CUMULATIVE LIABILITY OF SUCH PERSONS SHALL IN NO EVENT EXCEED THE AMOUNTS PAID BY YOU TO US FOR USE OF THE APPLICATION.

IF THE FOREGOING EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES IS NOT ALLOWED IN YOUR JURISDICTION, OUR LIABILITY AND LIABILITY OF OTHERS MENTIONED PERSON IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


We are not responsible for the quality of the Internet connection, software failure, power outages, etc.

We reserve the right to investigate cases that we believe are violations of these Terms.

We have the right, but not the obligation, in our sole discretion and without notice to remove, block, filter, or restrict by any means any material or information, and to restrict the taking of any action that we believe to be actual or potential infringement limitations set forth in these Terms or applicable law. In particular, these rights include the ability to terminate your Account or take any other legal action. We are not responsible for any failure on our part to prevent the transmission of such materials or information through the Application and/or to your device.

Unless otherwise provided by applicable law, you agree that any cause of action related to your use of the Website or Application must be commenced within one (1) year after the cause of action arose.

If you violate the provisions of these Terms, we are not responsible for the proper performance of our obligations under the Terms.




Force majeure

The party is released from responsibility for full or partial non-performance of their obligations stipulated by these Terms, if this non-performance was the result of force majeure impact on such party (occurrence of force majeure).

Force majeure is the extraordinary and unavoidable circumstances listed in part 2 of article 14-1 of the Law of Ukraine “On Chambers of Commerce and Industry in Ukraine” , which directly affected and made impossible the proper performance of the terms of the Agreement, and could not be eliminated by reasonable actions of the party that suffered their impact.

The party affected by force majeure is obliged to immediately notify the other party of the occurrence of force majeure. The party that has not notified the other party of the occurrence of force majeure circumstances shall be deprived of the right to refer to them.

At the request of the other party, the occurrence of force majeure circumstances must be documented, in accordance with the procedure provided for by the law of Ukraine.

The term of performance of the obligations is extended for the period during which force majeure circumstances make it impossible to properly perform the obligations under the Terms.




Disputes settlement

The law governing the operation of these Terms is the law of Ukraine.

Disputes that arise in connection with the Application, Website, or these Terms must be settled through negotiations, under a claim procedure, by sending a reasonable (justified) written claim (demand) to the offending party by the party whose right has been violated.

If it is impossible to settle disputes through negotiations (in a claim procedure), such disputes must be settled exclusively in the courts of Ukraine, in accordance with the current law of Ukraine.

The place of providing access to the Website and Application is Ukraine.


WARNING!

CLASS ACTIONS, CLASS ARBITRATIONS IN GENERAL, AND ANY OTHER PROCEEDINGS IN WHICH ONE ACTS AS REPRESENTATIVE OF ALL OTHER CLAIMANTS ARE PROHIBITED.

ANY DISPUTE SETTLEMENT PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION UNLESS YOU AND WE AGREE OTHERWISE IN WRITING.




Electronic notifications and communication

By using the Website or Application, you understand and agree that we may send you messages (including of a commercial nature) by email (to the contact details provided by you) and in the Application, regarding, in particular:



You have the option to opt out of receiving commercial electronic communications from us by following the instructions provided in such communications.




Termination



Termination by us

At any time, we reserve the right at our sole discretion to modify, suspend, or discontinue the Website, Application, or Content (or any of its particular parts). You agree that we shall not be liable to you or any third party should any of the preceding occur.

We reserve the right to take any legal action we deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, suspension or termination of your license and access to the Website or Application.




Termination by user

You may terminate these Terms with us at any time by discontinuing your use of the Website and by deleting and no longer using the Application, respectively.

If you terminate this agreement, all permissions and licenses granted to you under these Terms will terminate immediately without obligation to provide any compensation.




Miscellaneous

We have the right to monitor the appropriateness of your use of the Website and Application, and your compliance with these Terms. In the event of violations, we may revoke or stop providing you with access to the Website or Application.

At any time, in our sole discretion, we reserve the right to modify, suspend, or discontinue the Website, Application, Content (or any part thereof), features, or offerings, with or without notice to you; and/or offer or cancel opportunities for some or all users of the Website or Application. You agree that, in such event, we shall not be liable to you or to any third party.

If any provision of these Terms is held to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

We may assign our rights or obligations under these Terms to a third party, but this will not affect your rights or our obligations under these Terms.

Any failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

The parties are independent counterparties and nothing herein shall be construed to create a partnership, joint venture, or agency relationship between them. Neither party has the right to perform any kind of transaction on behalf of the other party.

We reserve the right to make changes to these Terms at any time. In the event of a material change that may affect your use of the Website or Application or your rights as a user of the Website or Application, we may, but are not obligated to, notify you of such change within a reasonable time by sending an appropriate notice or by other available means.


WARNING!

IF YOU CONTINUE TO USE THE WEBSITE OR APPLICATION AFTER CHANGES TO THESE TERMS HAVE BEEN EFFECTIVE, YOU AGREE TO BE BOUND BY THE MODIFIED TERMS.

THE CURRENT VERSION OF THE TERMS IS AVAILABLE ON THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR REVIEWING THESE TERMS FROM TIME TO TIME TO BE AWARE OF THE RULES AND OBLIGATIONS.


A printed version of these Terms is admissible evidence in a judicial or administrative proceeding arising out of or in connection with the use of the Website or Application, to the same extent and under the same conditions as other legal documents and records that were created and are stored in printed form.