Privacy&Terms

Last Revised: February 08, 2019

Glossary

The text of this Privacy Policy uses terms and concepts in the following meaning:

User means a person who use the Product and who has the membership of the Service «beat2beat».

Personally Identifiable Information (referred to in this document as «PII») is that alone or in combination with other information or in certain contexts can be used to identify, distinguish or trace you and your Device(s).

Data is all information, that we or third parties have got from you, including PII and technical information about your Device(s).

Product is all websites, apps, and other services that are published or made available by Sole Trader Svistunov Vladimir Nikolaevich.

Third party (or Third Party Providers) is the third party with who we entered into an agreement and with who we are in a legal relationship, or persons with who you are in a legal relationship. Third parties may include: social networks, copyright holders of third-party software libraries and sdk, technical specialists involved in the development of the Product and other who are further directly defined in our legal documents and the Product.

Device is a hardware operated by a person and may refer to a smartphone, tablet.

Content is any information that you may get in our Product from us or from Third parties.

Cookie is a small piece of data stored on your Device. The purpose of these files is to store data that can be updated and retrieved by the entity responsible for their installation.
Profile means the section of the Product that contain details, photographs and (or) other information about a User.
Intellectual Property Rights means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same.
Remuneration means the charge to us for granting you the right to use non-activated data and commands within the limits, set by the Product. The rate of the Remuneration is determined by us and depends on the amount of the data and the commands, the right of use of which is granted to you. Our rules may prescribe different terms and conditions of getting the rights to use the non-activated data and commands, as well as the limits of their use. You may review more information about that in the Product.

All the above terms can be indicated in the plural. When using the term, it is necessary to start from the context of the text of using the term. All capitalized terms used in this Privacy Policy that are not otherwise defined have the meanings set forth in the Glossary.

1. Introduction and Definitions

This Privacy Policy governs all websites, apps, and other services that link to, or contain references to, this document and are published or made available by Sole Trader Svistunov Vladimir Nikolaevich, its parent, subsidiaries and affiliates («we», «us» or «our»). Please read this Privacy Policy carefully. It summarizes the various ways we acquire and treat your Data when you access, visit and/or use the Product. It also governs your Data that we may acquire offline. This Privacy Policy does not cover information collected on sites, applications, destinations, or services linked to the Product that we do not own or control. You can access this Privacy Policy any time in web-address http://www.beat2beat.app/legal or on the Product's description screen, or as otherwise indicated depending on the Product you are using. By purchasing a Product, registering for any aspect of the Product, or otherwise accessing, visiting or using the Product, you consent to this Privacy Policy. If you do not agree with the terms and conditions of this Privacy Policy, you should not access, visit and/or use the Product. We advise that you print or retain a digital copy of this Privacy Policy for future reference.

In addition to reviewing this Privacy Policy, please also review our Terms & Conditions and other legal documents that may be posted elsewhere in the Products or otherwise communicated to our users, because Terms & Conditions and other legal documents are also part of the Agreement between you and us. Also, you can review User Agreement any time in web-address http://www.beat2beat.app/legal or on the Product's description screen, or as otherwise indicated depending on the Product you are using.

This Privacy Policy may be modified from time to time, so check back often. So that you are aware changes have been made, we will adjust the «Last Revised» date at the beginning of this document. If

we make a significant change in the way we use or share your PII, we will also post on the Product a prominent notice that a change was made. Continued access of the Product by you will constitute your acceptance of any changes or revisions to the Privacy Policy.

This Privacy Policy in the part of Personally Identifiable Information must be used only in a case, when you give to us or to Third Party your PII such as your name, email address, postal address or phone number, not all your Data.

2. The Types of Data Acquired About You

Registration Information. When you register to use the Product(s), sign up for notifications or updates on the Product(s), or participate in our surveys, we may collect your name, email address, gender, age, and any other information that you provide to us.

Profile and Other Information. We may collect additional information from you, such as the information about yourself for your public profile (e.g. age, gender, hobbies, interests, zip code, state, country, musical interests, tastes, influences, evaluations of other users' recordings, photographs, and song files). Please note that any member profile information, media, music, audio recording, image, comment, or any other content you post onto Product(s) will become publicly available and may be collected and used by others.

Social Network Information. If you choose to connect the Product(s) to your social network accounts (or other third party services or applications, such as music providers), we may collect your profile information (such as your name, gender, age, locale, email address, and profile picture) and other information available on your social network account.

Information Maintained on Your Device. When you use the Product(s), and when you have enabled such collection in your device or Product's(s') settings, we may collect certain information maintained on your Device to help us tailor our Product(s) to you, such as the contact information in your Device's address book, your calendars, or pictures stored on your Device.

Protecting the privacy of young children is especially important. Our Products is not directed to children under the age of 18, and we do not knowingly collect PII from children under the age of 18 without obtaining parental consent. If you are under 18 years of age, then please do not use or access the Product at any time or in any manner. If we learn that PII has been collected on the Product from persons under 18 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information.

The Product is not intended to be used by children under the age of 18 and is not intended to be used to post content to share publicly or with friends. To the extent that children under the age of 18 have posted such content on the Product, children under the age of 18 have the right to have this content deleted or removed using the deletion or removal options detailed in this Privacy Policy. If you have any question regarding this topic, please contact us as indicated in Section 11. Please be aware that, although we offer this deletion capability, the removal of content may not ensure complete or comprehensive removal of that content or information.

Some of the Data that we acquire cannot identify, distinguish or trace you or your Device, even if combined with other identifying information, and some Data that could be considered PII when combined with other identifying information is not used in a way that identifies, distinguishes or traces

you or your Device, but is instead used in an anonymous way, often aggregated with other anonymous Data about other users.

3. How We Acquire Your Data

We mostly receive PII because you provide it to us how it has explained in art. 2.1. of this Privacy Policy.

The Product may also automatically collect Data about you, your online behavior and your Device. The Data collected may include, without limitation:

Unique device identifier generated from the device MAC/IMEI/MEID, which we alter to limit the ability to identify the relevant device in the future;
An advertising ID, such as the Apple IDFA or the Android Ad ID;
IP address;
Device manufacturer and model;
The operating system and version running on your system or device;
Browser type;
Language;
The make of the CPU, and number of CPUs present;
The graphics card information, such as type, vendor and driver name, version and graphics API;
Amount of system and video RAM present;
Current screen resolution;
Operating system identifier (e.g., Mac, Windows, etc.);
A checksum of all the data that gets sent to verify that it did transmit correctly;
App ID;
Geographic location of you and/or your Device, as well as date/time stamp;
Pages visited, time of visits, content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data.

The Product may collect this Data even if the Product is not open on your Device or you're not logged in.

We and Third Party may also acquire your PII or other Data offline or otherwise outside of the Product. For example, Third Party may purchase or otherwise acquire such Data from third party data suppliers. We and Third Party reserve the right to merge or co-mingle this other Data with your PII and Data collected on or through the Product.

If you choose to access, visit and/or use any third party social networking service(s) that may be integrated with the Product, we may receive your Data that has been made available to those services, including information about your contacts on those services. For example, some social networking services allow you to push Content from our Product to your contacts or to pull information about your contacts, so you can connect with them on or through our Product. Some social networking services also will facilitate your registration for our Product or enhance or personalize your experience on our Product. Your decision to use a social networking service in connection with our Product is voluntary. However, you should make sure you are comfortable with your Data the third party social networking services may make available us by visiting those services' privacy policies and/or modifying your privacy

settings directly with those services. We reserve the right to use, transfer, assign, sell, share, and provide access to all of your Data that we receive through third-party social networking services in the same ways as all of your Data we receive through our Product (as described in Section 4 below).

Please be aware that Content and PII that you disclose in publicly accessible portions of the Product may be available to other users and may also be made available outside the Product by third parties, so you should be mindful of all PII, especially sensitive PII, that you may wish to post.

4. How We Use Your Data

We and Third Party use your Data to process your request for Content and/or Product. For example, if you write to our support or to Privacy Policy Coordinator we may use your e-mail address to send you an answer and to give a right decision and recommendations.

We and Third Party also use your Data for any lawful business purpose in connection with administering the Product, including without limitation for customer service, to help diagnose problems with servers and Product, to improve Products that we offer by tailoring them to your needs, to gather broad demographic information, to analyze trends, to seek compatible advertisers, sponsors, clients and customers, and to track users' movements around the Product and elsewhere on the web or across apps and devices. Your geographic location Data may specifically be used to show you Content (including advertising and sponsored messaging) based on geographic location by and Third Party.

We may also allow access to your Data by Third Party Providers that provide us with services, such as technical maintenance, market research, community and forums management, auction services, e-commerce, personal/job search and other advertising functionality, but only for the purpose of and to the extent necessary to provide those services.

There are also times when you provide Data to us in areas of the Product that may be managed or participated in by one or more Third Party Providers. In such cases, the Data may be used by us and by such Third Party Provider(s), each pursuant to its own policies. While we may seek to require Third Party Providers to follow appropriate privacy policies and will not authorize them to use your Data except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties.

If we provide your PII to Third parties, we will notify you about this third party in any way possible (such as in Product(s) or by e-mail).

Third Party Provides may also use your Data to communicate with you about new features, events or other products offered by Third Party Providers, our advertisers, and other companies and individuals with which Third Party Providers have a relationship.

We and Third Party may also provide access to your Data in order to cooperate with official investigations or legal proceedings brought by or otherwise involving governmental and/or law enforcement officials, as well as private parties, including, for example, in response to subpoenas, search warrants, court orders, or other legal process. We and Third Party may also provide access to protect our rights and property and those of our agents, customers, and others including to enforce our agreements, policies, and terms of use.

If you provide your PII to us in connection with an employment inquiry, without limiting the applicability of the rest of this Privacy Policy, we will use your PII to evaluate your job application, and for related recruiting, reporting and recordkeeping purposes. We may maintain your PII on file, whether we hire you or not, to administer your relationship with us and/or for job applicant related reporting and recordkeeping for as long as required or permitted by law.

As our business changes, we may buy or sell various assets owned or controlled by us. In the event all or a portion of the assets are sold, assigned, transferred or acquired by another company due to merger, divestiture, restructuring, reorganization, dissolution, financing, acquisition, bankruptcy or otherwise, your Data may be among the transferred assets.

We and Third Party reserve the right to merge or co-mingle anonymous, non-personally identifiable Data about you, your offline and online behavior, and/or your Device (including its geographic location), with your PII for any lawful business purpose.

If you are from the European Economic Area (EEA), our and Third parties' legal basis for collecting and using the personal information described in this Privacy Policy depends on the PII we collect and the specific context in which we collect it.

We and Third parties may process your Data because:

We and (or) Third parties need to perform a contract with you;
You have given us permission to do so;
The processing is in our and Third parties' legitimate interests and it's not overridden by your rights;
To comply with the law.

5. Sharing Your Data for Marketing; Opt-Out; How to Update Your Data

We will not ask, and get, and sell or rent your credit/debit card number or payment account Data.

Unless otherwise specified on the Product, we may sell or share your Data among our parent, subsidiaries, and affiliates and with other third parties who we think may offer or enable you to become aware of Products that may be of interest to you.

If you do not wish to have PII such as your name, email address, postal address or phone number shared with third parties for their marketing purposes, contact our Privacy Policy Coordinator as described at the end of this document or make the appropriate selection in the apps on the Product's description screen with legal documents if it is possible. But note that, in order for us to properly administer the Product, we must continue to share your Data with Third Party Providers as described in Section 4 (4.3.) above (if you object to such sharing, you should not use the Product). Note also that this option to opt-out applies only to PII, and not Anonymous Data

If you do not wish to receive future marketing or other commercial messages from Third parties, simply follow the unsubscribe instructions contained within the message you receive in the apps on the Product's description screen with legal documents. But note that you may continue to receive certain

communications from Third parties that are necessary for the Product, such as renewal notifications, invoices, technical notices, updates, security alerts, and support and administrative service bulletins.

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We and Third parties aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your PII.

If you wish to be informed what PII we hold about you and if you want it to be removed from our systems, please contact us. If you wish to be informed what PII Third parties hold about you and if you want it to be removed from Third parties' systems, please contact them as described at the Section 11.

In certain circumstances, you have the following data protection rights:

The right to access, update or to delete the information Third parties or we have on you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your PII.
The right of restriction. You have the right to request that Third parties or we restrict the processing of your PII.
The right to data portability. You have the right to be provided with a copy of your PII in a structured, machine-readable and commonly used format by Third parties or us.

Please note that we may ask you to verify your identity before responding to such requests.

Our Product may contain links to other sites, and apps that are not operated by us. If you click on a third party link, you will be directed to that third party's site or app. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

6. Cookies and Related Technologies; Do Not Track (DNT)

We by our Product will at times place and/or store code or other types of information and/or software on your Device or within your browser, such as cookies (including flash cookies), locally shared objects, and HTML5 (collectively, «Local Device Storage»). We and Third Party Providers may use Local Device Storage in connection with the Product for any lawful business purpose, including without limitation to determine whether you have seen a particular advertisement before on the same or different Device and to otherwise control the display of ads, to track the movements of individual users through the Product and elsewhere on the web or across apps, devices, and geographic locations, to help diagnose problems with servers, to gather broad demographic information, to conduct research, to deliver editorial Content, to record registration and personalization information, and to otherwise administer the Product. For example, if you register on any part of the Product and (or) Third Party Providers' products and are given the option to save your user name and password, Third Party Providers may provide this convenience to you via Local Device Storage. Local Device Storage may also collect and store your PII, which may be shared with our parent, subsidiaries, and affiliates and other third parties.

If you do not want Local Device Storage, your Device or browser may include an option that allows you to not accept it. However, if you disable Local Device Storage, some portions of the Product may not function properly.

In addition to Local Device Storage, Third Party may use web beacons, web bugs, internet or pixel tags, clear gifs, digital fingerprinting (aka «Machine Identification») and similar technologies (collectively, together with Local Device Storage, the «Tracking Technologies») on the Product and in our communications with you, such as within e-mail and text messages and push notifications. Third Party may use Tracking Technologies to determine which of our messages have been opened by recipients, and for all or some of the same lawful business purposes we describe above for use of Local Device Storage.

Your browser setting may allow you to automatically transmit a «Do Not Track» (DNT) signal to websites and online services that you visit. There is no consensus among industry participants as to what DNT means in this context, and some browsers automatically apply DNT signals by default and therefore do not necessarily reflect our visitors' choice as to whether they wish to receive advertisements tailored to their interests. As a result, like many websites and online services, we do not alter our practices when the Product receives a DNT signal from a visitor's browser. As discussed below, you may opt out of the use of your Data for online behavioral advertising by third parties at any time. To find out more about DNT, please visit http://allaboutdnt.com.

7. Online Behavioral Advertising (OBA) and How to Opt-Out of OBA

We or Third Parties Providers will at times also use Tracking Technologies for purposes of «online behavioral advertising» (OBA). OBA allows the serving of advertisements tailored to interests you have shown by browsing on the Product and on other sites, applications, destinations, and services, using the same or a different Device. To enable OBA, these Third Party Providers use Tracking Technologies to collect Data including for example the make, model, settings, specifications (e.g., CPU speed, connection speed, browser type, operating system, device identifier) and geographic location of your Device, as well as date/time stamp, IP address, pages visited, time of visits, Content viewed, ads viewed, the site(s), application(s), destination(s), and/or service(s) you arrived from, and other clickstream data. The use of Tracking Technologies by Third Party Providers is subject to their own privacy policies, not this Privacy Policy, and we have no responsibility or liability in connection therewith. You may visit Third Party Providers' sites and discover their own privacy policies in accordance with paragraph 4.3. this Privacy Policy.

You may stop a collection of location information in Product by managing your Product settings or turning off location services for your Device, if your Device allows you to do so. Please refer to your Device's settings or user manual for instructions on how to turn off location services.

If you do not want OBA at all, you may be able to opt-out by visiting http://www.aboutads.info, http://www.networkadvertising.org, http://www.youronlinechoices.com/uk аnd/or by clicking the «Ad Choices» icon that appears in advertising served through OBA. Please note that the option to opt-out applies only to tracking by Third Party Providers across this Product and other sites, applications, destinations, and services, and not tracking among pages within the Product itself.

8. Transfer of Your Data Among Jurisdictions

We are a Russia-based company, but our Product is geared to the U.S., European Union, and Asia's countries audience. Your Data may be processed, transferred to, and maintained on, servers and databases located within the European Union, and U.S., and elsewhere where the privacy laws may not be as protective as your jurisdiction. We reserve the right to transfer your Data to and from any state, province, country or other governmental jurisdiction. Your consent to this Privacy Policy followed by your submission or our collection of such Data represents your agreement to any such transfer.

We comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland transferred to the United States pursuant to Privacy Shield.

We sometimes provide your Data to third parties to perform services on our behalf. If we transfer PII received under the Privacy Shield to a third party, the third party's access, use, and disclosure of the personal data must also be in compliance with our Privacy Shield obligations, and we will remain liable under the Privacy Shield for any failure to do so by the third party unless we prove we are not responsible for the event giving rise to the damage. We may be required to disclose personal information that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

9. Data Security and Notifications

We take commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, PII that you share with us.

Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the Data that you send to us or the security of servers, networks or databases, and by using the Product you agree to assume all risk in connection with your Data. We are not responsible for any loss of such Data or the consequences thereof.

If you lose your password or give it out, or another service provider that you use suffers a data breach and you have used the same credentials with that service provider as you have with Product, your personal data may be compromised. If that happens, please report it to us.

In the event that we believe the security of your PII in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail, push notification, or otherwise.

10. Notice to California Customers - Your Privacy Rights

California's «Shine the Light» law, Civil Code Section 1798.83, gives California customers the right to prevent our disclosure of their personal information to third parties for those third parties' direct marketing purposes, and requires certain businesses to respond to requests from California customers asking about the business' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties

purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place. As discussed above in Section 5 (5.3., 5.4.), if you wish to opt-out of our sharing of your Data with third parties for the third parties' direct marketing purposes or to find out more about your opt-out rights, please contact our Privacy Policy Coordinator as described below.

California's «Online Erasure» law, Business and Professions Code Sections 22580-22582, requires operators of certain websites and online services to allow registered users who are under the age of 18 and residents of California to request removal of Content they post. If you fit that description and posted Content on a section of our Product that is directed to minors, you may request removal of the Content by contacting our Privacy Policy Coordinator as described below. In response to your request, we may elect to make the Content invisible to other users and the public (rather than deleting it entirely), in which case the Content may remain on servers we control and/or may be publicly available elsewhere if a third party copied and reposted the Content.

11. Privacy Policy Coordinator

If you have any concerns or questions about any aspect of this policy, please feel free to contact our Privacy Policy Coordinator as follows:

Privacy Policy Coordinator
Svistunov Nikita
Romania, București Sec.3, str. Cauzași 38, casa.Corp B, fl. 1, ap. 6 support@beat2beat.app

If you wish to exercise this right, please contact our Privacy Policy Coordinator and state which of these items you wish to opt-out of sharing with third parties.

Also, as discussed above, if you have registered on any part of the Product and you wish to update or make changes to your PII on file with us, you may contact our Privacy Policy Coordinator.

11.2.1. Google LLC:

1600 Amphitheatre Parkway Mountain View CA 94043

Privacy policy of Google LLC:

11.2.2. Facebook, Inc.

1601, Willow Road, Menlo Park, CA, 94025

Privacy policy of Facebook, Inc.:

https://en-gb.facebook.com/about/privacy/update

Note: Only inquiries about this policy or your PII should be sent to the Privacy Policy Coordinator. No other communications will be accepted or responded to.

For communications on other matters, please contact us through the means described on the Product, if available (for example, in the «Contact Us» section).

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If you don't agree to the terms contained in this Privacy Policy, you must immediately exit the Product and delete all Product's information from Device.

Terms & Conditions

Last Revised: February 08, 2019

If you download, upload, copy or by any other approved manner use the mobile application «beat2beat», or part of it, including if you begin to participate in the use-process, then by such actions YOU ACKNOWLEDGE THAT YOU HAVE FULLY READ, UNDERSTAND, ACCEPT AND AGREE WITH THESE TERMS & CONDITIONS, the privacy policy by Sole Trader Svistunov Vladimir Nikolaevich, and other documents that contained in the section «Legal Information» of the mobile application «beat2beat», and documents that are referenced by these Terms & Conditions without the exceptions and qualifications, so you are responsible for their violation.

THE CONDITIONS OF THESE TERMS & CONDITIONS, AND OTHER LEGAL INSTRUMENTS ALLOWED IN THE TERMS AND CONDITIONS ARE SIGNIFICANT AND MANDATABLE FOR YOUR EXECUTION.

By clicking the button with text «I Agree», downloading and using mobile application «beat2beat» - you are agreeing to be bound by these Terms & Conditions and other legal documents that located in web-address at http://www.beat2beat.app/legal. Every time you access our services by using mobile application «beat2beat» - you confirm your agreement with the Terms & Conditions.

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If you do not agree with all of these Terms & Conditions, then please don't use the Product.

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These Terms & Conditions.

These Terms & Conditions constitute a legally binding agreement made between you, whether personally («you») and Sole Trader Svistunov Vladimir Nikolaevich («we», «us», «our»).

We give you license to use the mobile application «beat2beat» by these Terms & Conditions only in the ways approved by us in this document.

These Terms & Conditions are concerning your access to and use the mobile application «beat2beat» as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the «Product»).

These Terms & Conditions define your rights and obligations when you use the mobile application «beat2beat», the terms of using the mobile application «beat2beat», the terms of our services, the terms of your payment of remuneration to us, the terms of our license for a part of the Product.

Who we are.

We are the owners of the mobile application «beat2beat».

We honor and protect the legitimate rights and interests of our users. So, we expect appropriate behavior from our users: to observe these Terms & Conditions and requirements of the laws, to ensure implementation of the rights and lawful interests of us and other users.

What is the mobile application «beat2beat».

The mobile application «beat2beat» is a client of the social network «beat2beat» that allows users to find people with similar music tastes and communicate with them. We match users with other users based on the song and artist they recently listened to (no later than 24 hours).

1. Agreement to these Terms & Conditions

These Terms & Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity («you») and Sole Trader Svistunov Vladimir Nikolaevich («we», «us» or «our»), concerning your access to and use of the mobile application «beat2beat» as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto.

The Product is licensed, not sold, to you by us for use strictly in accordance with these Terms & Conditions. We grant you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Product solely for your personal, non-commercial purposes strictly in accordance with the terms of these Terms & Conditions.

Click-wrap for agreement with these Terms & Conditions and to use the Product.

You agree that by clicking the button with text «I Agree» and accessing the Product, you have read, understood, and agree to be bound by all of these terms and conditions. If you do not agree with all of these Terms & Conditions, then you are expressly prohibited from using the Product and you must discontinue use immediately.

Supplemental Terms & Conditions or documents that may be posted on the Product from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms & Conditions at any time and for any reason.

We will alert you about any changes by updating the «Last Revised» date of these Terms & Conditions and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms & Conditions to stay informed of updates. You can review these Terms & Conditions by visiting web-address at http://www.beat2beat.app/legal. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms & Conditions by your continued use of the Product after the date such revised Terms & Conditions are posted.

The information provided on the Product is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Product from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Our Products is not directed to children under the age of 16. If you are under 16 years of age, then please do not use or access the Product at any time or in any manner. The Product is not intended to be used by children under the age of 16 and is not intended to be used to post content to share publicly or with friends.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Product. If you are a minor, you must have your parent or guardian read and agree to these Terms & Conditions prior to you using the Product.

These Terms & Conditions is an open and public document. The current version of the Terms & Conditions is located in web-address at http://www.beat2beat.co.uk/legal.

Each time you attempt to interact with the Product, you will send data for which your network operator will charge you at your usual data rates.

You agree to use the Product for non-commercial use and, above all, fairly. The Product is not to be used for commercial or performance monitoring purposes. We reserve the right to limit your identification attempts in any month or cease to provide our Product to you without further notice.

We may change, suspend or discontinue any aspect of the Product at any time, including the availability of any feature, database and (or) Content. We may also impose limits on certain features and services or restrict your access to parts or all of the Product without liability. Where these changes or suspensions would amount to a complete termination of the Product you may be entitled to a refund of the reasonable part of any charges paid by you.

2. Eligibility and User representations.

You must be at least 16 years of age to create an account of the Product and use it. By creating an account and using the Product, you represent and warrant that:

you can form a binding contract with the Product;
you are not a person who is barred from using the Product under the laws of applicable jurisdiction;
you will comply with these Terms & Conditions and all applicable local, state, national and international laws, rules and regulations;
you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry in the USA;
you will not access the Product through automated or non-human means, whether through a bot, script or otherwise.
you will not use the Product for any illegal or unauthorized purpose.
your use of the Product will not violate any applicable law or regulation.

2.2.1. You may not access or use the Product for any purpose other than that for which we make the Product available. The Product may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

2.2.2. As a User of the Product, you agree not to:

systematically retrieve data or other content from the Product to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
make any unauthorized use of the Product.
engage in unauthorized framing of or linking to the Product.
trick, defraud, or mislead us, especially in any attempt to learn sensitive account information.
make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
make improper use of our support services or submit false reports of abuse or misconduct.
interfere with, disrupt, or create an undue burden on the Product or the networks or services connected to the Product.
attempt to impersonate another user or person or use of another user.
use any information obtained from the Product in order to harass, abuse, or harm another person.
use the Product as part of any effort to compete with us or otherwise use the Product and/or the Content for any revenue-generating endeavor or commercial enterprise.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Product.
attempt to bypass any measures of the Product designed to prevent or restrict access to the Product, or any portion of the Product.
harass, annoy, intimidate, or threaten any of our employees, or agents, or other users engaged in providing any portion of the Product to you.
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Product.
show the Product to a minor in the jurisdiction in which you reside.
contact users for fraudulent purposes, obtaining information, stealing information or user data, harassing other users, advertising any products.
illegally loading, storing, publishing, distributing, making available or otherwise using the intellectual property of other Users and third parties.
loading, storing, publishing, distributing, making available or otherwise using viruses, and other malicious software to Product.
loading, storing, publishing, distributing, making available or otherwise using illegally Content.

You agree that you will not create another account if we have already terminated your account, unless you have our permission.

Use the Product only in a manner consistent with any applicable laws or regulations.

3. Your Profile and Content.

In order to use the Product, you may sign in using your login of any profiles at other social networks which are determined in the Product.

If you do so, you authorize us to access and use certain account information from a social network, including but not limited to your public profile and information about friends you share in common with other «beat2beat» users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy that located in web-address at http://www.beat2beat.app/legal.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for the Product, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

Please choose carefully words, information, content, messages, text, files, images, photos, sounds, profiles, works of authorship or any other materials you post, upload, link to, publish or display by the Product and (or) through the use of the Product and any such content that you provide or make available to other Users through the Product.

Note that you are responsible for all User Content, as set forth below.

By publishing a Content at the Product, you agree that a Content will be made publicly available. By publishing a Content on your profile at the Product, you grant us unrestricted, royalty-free, perpetual, and irrevocable rights to:

archive, cache, crawl, host, index, modify, and store your Content to appropriate media formats, standards or mediums as part of the services provided by us;
adapt, distribute, excerpt, modify, remix, reproduce, use, prepare derivative works of, publicly perform, and publicly display your Content at the Product;
use your Content for advertising, promotional or commercial purposes, including, but not limited to, the right to publicly display, distribute, perform, and reproduce your Content in any media format or medium and through any existing or future media channels.

We don't take and use your audio and video files. Your music and videos are not hosted on the Product. All that we store are links to your music, names of songs and artists that you have recently listened to (no later than 24 hours).

By publishing a Content on your Profile at the Product, you agree that we may use such Content in our sole discretion only without violating the legitimate interests and rights of users.

Any private messages sent by you to other users through the Product will not be:

made publicly available without the permission of their authors;
used for any purposes except for sending the messages to the respective recipients.

The following is a partial list of the kind of a Content that is illegal or prohibited by us at the Product. We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Product and terminating the access to the Product of such violators.

You agree that you will not post any Content that:

is obscene, offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
consists of information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
consists of an illegal or unauthorized copy of a copyrighted work, such as sound recordings, musical compositions and videos in which you do not personally own the copyright or otherwise do not have the necessary authority from the copyright owner(s);
computer programs or links to them or providing information to circumvent manufacturer-installed copy-protect devices, or infringing materials;
provides material that exploits people under the age of 18 or solicits personal information from anyone under 18;
provides instructional information about illegal activities;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

4. Intellectual property rights.

Unless otherwise indicated, the Product is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the

Product and the trademarks, service marks, and logos contained therein (the «Marks») are owned or controlled by us or licensed to us or third-party rightsholders, and are protected by copyright and trademark laws and various other intellectual property rights. The Content and the Marks are provided on the Product «AS IS» for your information and personal use only.

Except as expressly provided in these Terms & Conditions, no part of the Product and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written permission.

Provided that you are eligible to use the Product, you are granted a limited license to access and use the Product and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Product, Content and the Marks.

The User grants us a non-exclusive right to use on a free of charge basis the Content published on the Product and which lawfully belongs to the User, so that we may maintain the operation of the Product in the amount established by its architecture and functionality, and to use this Content for our promotional content, including images of the Product interface, and without limitation making that User's Content public. The said non-exclusive right is granted for the period when the Content is placed at the Product and extends to the territory of the countries all over the world. The end of the period when the Content is placed at the Product and (or) the end of the non-exclusive right duration do not carry a necessity of deletion by us of this Content (including its removal from the Internet).

4.4.1. We have a right to transfer these rights described in this clause to the third-parties.

4.4.2. The User accepts that we have a right to use functional and technical capabilities of the Product that provide displaying of the published Content by the User, meant to display the Content at its own discretion, including for the purpose of showing it.

5. Mobile application license for Android Devices.

The following terms apply when you use a mobile application obtained from the Google Play (the «App Distributor») to access the Product:

5.1.1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service;

5.1.2. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the Terms & Conditions of this mobile application license contained in these Terms & Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

5.1.3. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

5.1.4. you must comply with applicable third-party terms of agreement when using the mobile application.

6. Third-party websites and Content.

The Product may contain (or you may be sent via the Product) links to other websites («Third-Party Websites») as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties («Third-Party Content»).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-

Party Websites accessed through the Product or any Third-Party Content posted on, available through, or installed from the Product, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Product and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms & Conditions no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Product or relating to any applications you use or install from the Product. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

7. Advertisers.

We allow advertisers to display their advertisements in the Product. Note, that advertisers take full responsibility for their advertisements that have been placed in the Product and any services provided there.

We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

You have to follow section 6 of these Terms & Conditions when you get some advertisements of Third Parties.

8. Product management and remunerations.

We reserve the right, but not the obligation, to:

8.1.1. monitor the Product for violations of these Terms & Conditions;

8.1.2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms & Conditions, including without limitation, reporting such user to law enforcement authorities;

8.1.3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) access to the Product;

8.1.4. in our sole discretion and without limitation, notice, or liability, to remove from the Product or otherwise disable all files and content;

8.1.5. otherwise manage the Product in a manner designed to protect our rights and property and to facilitate the proper functioning of the Product.

We may provide our services or any additional licenses for using the Product to you after getting your payment for that.

Additional licenses are the non-activated data and commands of the Product, that can be activated by you.

Acquisition of the rights to use the non-activated data and commands is the implementation of your declaration of will and desire and it is not a necessary or an indispensable precondition of the Product usage.

According to your choice, we grant you for Remuneration rights to use the non-activated data and commands, allowing you to use it within the board of functional capabilities of the Product. The value and the terms of lodging with the Remuneration are determined by us and depend on the amount of data and commands, that you require to achieve a certain result, stipulated by functional capabilities of the Product.

Payments is performed by you in the way of money means transfer via supported payment methods that may be determined in the Product.

9. Privacy policy.

We care about data privacy and security. Please review our Privacy Policy any time at http://www.beat2beat.app/legal, on the Product's login screen or at the Product's settings screen. By using the Product, you agree to be bound by our Privacy Policy, which is incorporated into these Terms & Conditions.

In order to be in line with Fair Information Practices that is the backbone of privacy law in the United States - we will take the following responsive action, should a data breach occur:

We will notify the users by notification via in-site or via the Product's within 7 business days.

CAN SPAM Act.

The CAN-SPAM Act is a law of the USA that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them. If at any time you would like to unsubscribe from receiving future emails, you can email us and follow the instructions at the bottom of each email, so we will promptly remove your data from our ALL correspondence.

As the owner of the information posted at the Product, the User must understand that, except as provided by these Terms & Conditions and effective Russian legislation we don't participate in forming and using the content and controlling other users' access to the User's Profile. When publishing any Content at the Product including the User's personal information - the User must understand and accept that this information may be available to other Internet users taking into account the architecture and functionality of the Product, and chosen settings of privacy.

For the functioning of the Product, we collect and store the names of the artists and songs that you listen to and the information about your favorite genres that you provide us with.

10. Modifications and interruptions.

We reserve the right to change, modify, or remove the contents of the Product at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Product. We also reserve the right to modify or discontinue all or part of the Product without notice at any time.

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Product.

We cannot guarantee the Product will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Product, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Product at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Product during any downtime or discontinuance of the Product. Nothing in these Terms & Conditions will be construed to obligate us to maintain and support the Product or to supply any corrections, updates, or releases in connection therewith.

11. Governing law.

These Terms & Conditions and your use of the Product are governed by and construed in accordance with the laws of the Russian Federation applicable to agreements made and to be entirely performed within the Russian Federation, without regard to its conflict of law principles.

12. Disclaimer.

The Product is provided on an «AS-IS» and as-available basis. You agree that your use of the Product will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied, in connection with the Product and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement

We make no warranties or representations about the accuracy or completeness of the Product's content or the content of any websites linked to the Product and we will assume no liability or responsibility for any:

12.2.1. errors, mistakes, or inaccuracies of content and materials in the Product.

12.2.2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Product.

12.2.3. any unauthorized access to or use of any servers and/or any and all personal information and/or financial information stored therein.

12.2.4. any interruption or cessation of transmission to or from the Product.

12.2.5. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Product.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Product, any hyperlinked website, or any website or mobile application featured in advertisings.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

You should use your best judgment and exercise caution where appropriate while using the Product.

13. Limitation of liability.

In no event will we be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to $ 20.

14. Miscellaneous.

These Terms & Conditions and any policies or operating rules posted by us in web-address http://www.beat2beat.co.uk/legal or on the Product's description screen (located at the Product's screen with settings) constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. These Terms & Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms & Conditions or use of the Product.

You agree that these Terms & Conditions will not be construed against us by virtue of having drafted them.

15. Contact us.

In order to resolve a complaint regarding the Product or to receive further information regarding use of the Product, please contact us at:

Sole Trader Svistunov Vladimir Nikolaevich (ITN: 772338969723; PSRNSP: 312774634000511)
109390, Russia, Moscow region, Moscow, st. Lyublinskaya, 47, apt. 51 support@beat2beat.app

* * * * * * * * * * * * * *

If you don't agree to the terms contained in these Terms & Conditions, you must immediately exit the Product and delete all Product's information from Device.