July 20, 2023

Individual entrepreneur MOKRETSOV ROMAN MIKHAILOVICH, hereinafter referred to as the "Licensor", publishes this License Agreement-Offer (hereinafter — the "Offer"), which constitutes a public offer. The Offer is addressed to individuals and is the official public proposal of the Licensor to enter into a license agreement for the right to use the mobile application, the copyright holder of which is the Licensor, under the terms of a simple (non-exclusive) license (hereinafter — the "Agreement").

The Agreement is deemed concluded and becomes effective from the moment an individual performs the actions provided for in this Offer, meaning unconditional acceptance by the individual of all terms.

Before using the Application, please read the terms of this Agreement. Any use of the Application by you means full and unconditional acceptance of the terms of this Agreement. If you do not accept the terms of the Agreement in full, you are not entitled to use the program for any purpose.

1. DEFINITIONS AND TERMS

1.1. For the purposes of this document, the following terms are used with the meanings set out below:

Licensor — IP MOKRETSOV ROMAN MIKHAILOVICH, OGRN: 320435000013896, registered address: Russia, Kirov region, Yaran district, Yaran city, Shulyatikova st., 31, tel.: +7 (904) 601-87-61, email: forwarder-sms@mail.ru, business hours: 1:00 p.m. to 3:00 p.m. (Moscow time).

Offer — this document "License Agreement-Offer" published on the Internet at: https://www.api.sms-forwarder.com/oferta.

Licensee — a capable individual who has accepted the Offer posted in the Service.

Parties — the Licensor and the Licensee.

Acceptance of the Offer — full and unconditional acceptance of the Offer by the User by performing the actions specified in clause 2.2 of the Offer. Acceptance of the Offer means conclusion of the Agreement.

SMS forwarder auto to PC/phone mobile application (hereinafter — the "Application") — software developed and operated by the Licensor, through which the Licensee can forward SMS messages to other systems. Operation and maintenance of the Application, as well as providing Licensees with access to the Application, is carried out exclusively by the Licensor. Use of the Application by the Licensee occurs in interactive (online) mode via connection to the worldwide Internet. The Licensor holds the necessary rights to the Application and all its elements, both individually and as a whole. The terms of use of the Application are the text of this Agreement and other rules specified herein, containing all essential terms of the license agreement for granting rights to use the Application.

Personal account — a software interface for interaction between the User and the Provider within the scope of access to the Application content, which contains information about the User, the Subscription purchased by the User, the User's contact details and other information necessary to provide access under the Subscription, available to the User after performing the actions specified in clause 2.2 of the Offer, which is also the User's account on the services (including mobile applications) of IP MOKRETSOV ROMAN MIKHAILOVICH (OGRN: 320435000013896, registered address: 612260, Russia, Kirov region, Yaran district, Yaran city, Shulyatikova st., 31) (its affiliates), containing information about the User and other information related to the User's use of such services, available to the User after authorization using the User's login and password on the Service.

1.2. The Offer may use terms not defined in clause 1.1. In such cases, the term shall be interpreted in accordance with the text of the Offer. If no unambiguous interpretation exists in the text of the Offer, one shall be guided by: first — applicable documents, second — the legislation of the Russian Federation, third — information on the Service, and then — common (generally accepted) usage on the Internet.

2. GENERAL PROVISIONS

2.1. The Agreement is a public adhesion contract and is concluded by acceptance of the terms of this Offer by an individual.

2.2. Acceptance of this Offer is the performance by an individual of actual actions to install (download) the Application on a mobile device, which are regarded as full and unconditional consent to the terms of the Agreement.

3. SUBJECT OF THE AGREEMENT

3.1. The Licensor grants the Licensee a free, and in some cases paid, right to use the Application under a simple (non-exclusive) license within the limits provided by the Agreement.

3.2. The Licensee has the right to use the Application in the following ways:

3.2.1. Perform actions necessary for the functioning of the Application (including during use in accordance with its purpose), including recording and storing in the memory of the mobile device;

3.2.2. Study, research or test the functioning of the Application by performing the actions specified in clause 3.2.1 of the Agreement.

3.3. The right to use the Application provided in clause 3.1 of the Agreement is granted to the Licensee for the term of the Agreement and may not be granted (transferred) by the Licensee to third parties in whole or in part.

3.4. Rights to use the Application not expressly specified in this Offer are not deemed granted to the Licensee.

3.5. The right to use the Application provided in clause 3.1 of the Agreement is granted to the Licensee from the moment the Licensee performs actual actions to install (download) the Application on a mobile device.

3.6. By installing the Application, the User provides their personal data, namely: e-mail, and consents to the processing of their personal data by the Licensor for the purpose of performing this Agreement.

3.7. The right to use the Application provided in clause 3.1 of the Agreement extends to all subsequent updates and/or new versions of the Application from the moment the Licensee performs actual actions to install (download) updates and/or a new version of the Application on a mobile device.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Licensee has the right to:

4.1.1. enter into an agreement with the Licensor by performing the actions specified in clause 2.2 of this Agreement, thereby confirming that they are not restricted in legal capacity, are able to independently exercise and protect their rights and obligations, and are not suffering from conditions preventing understanding of the essence of the Agreement and the circumstances of its conclusion;

4.1.2. use the Application during the trial period to gain access to the full set of Application features;

4.1.3. purchase a paid subscription under one of the offered tariff plans;

4.1.4. send questions related to the use and/or inability to use the Application to the Licensor's email address forwarder-sms@mail.ru.

4.2. The Licensee undertakes to:

4.2.1. cease using the Application after termination of the Agreement;

4.2.2. not make any changes to the Application, including decompilation, decryption and other actions aimed at obtaining information about the implementation of algorithms used in the Application;

4.2.3. not create derivative works of the Application (not modify the Application);

4.2.4. not reproduce or distribute the Application for commercial purposes, including as part of software product collections;

4.2.5. not extract, copy, reproduce, process or distribute information presented in the Application; not place such information on the Internet or in mass media;

4.2.6. respect the intellectual property rights of third parties to results of intellectual activity and equivalent means of individualization when using the Application;

4.2.7. not upload, store, publish, distribute, provide access to or add to the Application information that:

• violates the rights of minors;
• is vulgar or obscene, contains pornographic images, texts and scenes of a sexual nature;
• contains scenes of violence and inhumane treatment of animals;
• contains descriptions of means and methods of suicide, any incitement to commit it;
• promotes and/or contributes to racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
• contains extremist materials;
• promotes criminal activity or contains advice, instructions or guides for committing criminal acts;
• contains restricted information including, but not limited to, state and commercial secrets, information about the private life of third parties;
• contains advertising or describes the attractiveness of using narcotic substances, including "digital drugs" (sound files affecting the human brain through binaural rhythms); information on the distribution of drugs, recipes for their manufacture and tips for use;
• is fraudulent in nature;
• violates other rights and interests of citizens and legal entities, as well as requirements of the current legislation of the Russian Federation;
• information not specified in this Agreement but falling under the Google Play service policy provided by Google LLC regarding prohibited content: https://play.google.com/about/restricted-content/

4.2.8. timely and fully familiarize themselves with the terms of the Offer;

4.2.9. independently monitor changes and additions made by the Licensor to the Offer in accordance with clause 4.3.1 of the Offer.

4.2.10. bear full responsibility, in accordance with applicable law, for information uploaded and published by the Licensee in the Application;

4.3. The Licensor has the right to:

4.3.1. unilaterally make changes and additions to the Offer;

4.3.2. fully or partially refuse to perform the Agreement in case of violation by the Licensee of the terms of the Agreement, by blocking or deleting the Licensee's account in the Application;

4.3.3. if the Licensor's exclusive right to the Application is violated by unlawful actions of the Licensee, the Licensor has the right to demand application of measures to protect the exclusive right in accordance with the current legislation of the Russian Federation;

4.3.4. at any time at its discretion make any changes to the Application, including modifying the Application, ceasing its development and technical support, as well as carrying out preventive and other technical work during which the operation of the Application may be fully or partially limited.

4.3.5. fully or partially delete information uploaded by the Licensee to the Application in cases where such information violates clauses 4.2.6 and 4.2.7 of this Agreement;

4.4. The Licensor undertakes to:

4.4.1. notify the Licensee of changes and additions to the Offer, as well as of withdrawal of the Offer, no later than 7 (seven) calendar days before the date such changes and additions take effect or before the date of withdrawal of the Offer, by posting the text of the new edition of the Offer or a notice of withdrawal of the Offer on the Licensor's information resources.

5. COST OF USING THE APPLICATION

5.1. Installation of the Application from the Apple App Store or Google Play stores is free of charge.

5.2. During the trial period, the Licensee is granted unlimited access to content free of charge. The trial period is 7 days. After the trial period expires, access to the Application content is restricted. To unlock access, the Licensee is offered to purchase a subscription under one of the offered tariff plans using in-app purchase services of Apple App Store or Google Play, or on the Licensor's website.

5.3. The Subscription cost is indicated in the Service and includes remuneration and all expenses and costs of the Provider related to providing access to content under the Subscription, unless otherwise provided by the Offer.

5.4. The Licensee may cancel the subscription at any time. In accordance with Tinkoff bank service rules, when canceling a subscription purchased in the Application, no refund is made for the current billing period. Content available under the subscription is provided to the Licensee until the end of that period. The subscription is then canceled.

5.5. Subscription prices may be changed by the Licensor at any time, in accordance with clause 4.3.1 of the Offer.

5.6. Payment of the Subscription cost is made by cashless payment.

5.7. All settlements under the Agreement in accordance with the terms set out in the Agreement are made in rubles of the Russian Federation.

6. PERSONAL DATA

6.1. The Licensee independently and voluntarily transfers information about their personal data to third parties (including the Licensor's partners) when registering in the Application during installation (download) of the Application on a mobile device and during subsequent use of the Application.

6.2. The Licensor does not receive or store information transferred by the Licensee to third parties as specified in clause 6.1 of the Offer.

6.3. The Licensor does not verify the legal capacity of the Licensee or the accuracy of personal data provided by the Licensee.

7. TERM OF THE AGREEMENT

7.1. The Licensor does not provide the Licensee with any guarantees regarding error-free and uninterrupted operation of the Application.

7.2. The Application is provided on an "as is" basis. The Licensor provides no guarantees regarding error-free and uninterrupted operation of the Application or its individual components, compliance of the Application with the Licensee's specific purposes, or any other guarantees not expressly stated in this Agreement.

7.3. To the maximum extent permitted by applicable law, the Licensor, as well as its partners, bears no liability for any direct or indirect consequences of any use or inability to use the Application and/or damage caused to the Licensee and/or third parties as a result of any use or non-use of the Application or its individual components, including due to possible errors or failures in their operation.

7.4. The Licensor is not liable for any consequences of use and/or inability to use the Application by the Licensee (including liability for transfer and use by third parties of the Licensee's personal data transferred when registering in the Application upon installation (download) and during subsequent use), or for damage caused to the Licensee or any third party as a result of such use and/or inability to use the Application.

7.5. All claims related to use/inability to use the Application, as well as possible violations of legislation and/or third-party rights as a result of using the Application, must be sent to forwarder-sms@mail.ru

8. FORCE MAJEURE

8.1. The Licensor and the Licensee are released from liability for full or partial failure or improper performance of their obligations under the Agreement if such failure resulted from force majeure circumstances, i.e. events that could not be foreseen or prevented. Such events include: natural disasters, military actions, adoption by state or local authorities of regulatory or enforcement acts and other actions beyond the reasonable foresight and control of the Licensor and the Licensee.

9. TERM OF THE AGREEMENT AND TERMINATION

9.1. The Agreement is deemed concluded from the moment the Licensee performs the actions specified in clause 2.2 of this Offer and remains in effect until terminated on grounds provided by the current legislation of the Russian Federation.

9.2. The Licensee has the right to unilaterally terminate the Agreement by performing actual actions to delete the Application from the mobile device.

9.3. The Licensor has the right to unilaterally fully or partially withdraw from the Agreement if the Licensee grants third parties rights to use the Application, as well as in other cases provided by this Offer and the legislation of the Russian Federation.

10. REFUND TERMS

10.1. The Licensee may request a refund if less than 48 hours have passed since payment.

10.2. A refund request is made by contacting the Application support email forwarder-sms@mail.ru, indicating the account from which payment was made and other information necessary to verify the Licensee's identity.

10.3. The Licensor is not limited in time for processing refunds. Most requests are processed within 5 business days.

11. FINAL PROVISIONS

11.1. This Agreement may be amended by the Licensor without any prior notice. Any changes to the Agreement made unilaterally by the Licensor take effect on the day following the day of publication of such changes at https://www.api.sms-forwarder.com/oferta. The Licensee undertakes to independently check the Agreement for changes. Failure by the Licensee to review the Agreement and/or the amended edition of the Agreement cannot serve as grounds for non-performance of the Licensee's obligations or non-compliance with restrictions established by the Agreement.

11.2. Invalidity of one or more provisions of the Agreement, recognized as such by a court decision that has entered into force, does not render the Agreement invalid as a whole. If one or more provisions of the Agreement are recognized as invalid, the Parties undertake to perform their obligations under the Agreement as closely as possible to those intended by the Parties at the time of conclusion.

11.3. This Agreement and the relations of the Parties in connection with this Agreement and use of the Application are governed by the legislation of the Russian Federation.

11.4. With regard to the form and method of conclusion of this Agreement, the norms of the Civil Code of the Russian Federation (CC RF) governing the procedure and conditions for concluding a contract by acceptance of a public offer apply.

11.5. All disputes between the Parties under this Agreement shall be resolved in accordance with the current legislation of the Russian Federation.

12. LICENSOR DETAILS:

Name: IP MOKRETSOV ROMAN MIKHAILOVICH

Address: 612260, Russia, Kirov region, Yaran district, Yaran city, Shulyatikova st., 31

OGRN: 320435000013896

Tel.: +7 (904) 601-87-61

E-mail: forwarder-sms@mail.ru