This License Agreement (hereinafter referred to as the “Agreement”)
establishes the terms and conditions for the User to obtain the VK Dating
Mini App and Mobile Application (hereinafter collectively referred to as
the “Services”, “VK Dating App”) the rights to use additional
functionality (Premium Subscription and Additional Options) by providing
remote access to them via the Internet.
The License Agreement is concluded between VK LLC (hereinafter
referred to as "VK", "Licensor") and the User of the VK Dating App
(hereinafter referred to as the "User", "Licensee").
For any matters not covered in this Agreement, the relationship between VK
and the User is governed by the VK Dating App Terms of Use:
https://dating.vk.ru/legal/en/terms, the VK Dating Privacy Policy:
https://dating.vk.ru/legal/en/privacy, and the current legislation of the Russian Federation.
Before acquiring access to the Premium Subscription and Additional
Options, the User must read the Agreement. Getting access to the Premium
Subscription and Additional Options in any form means that the User
accepts all the terms and conditions of the Agreement in full without any
restrictions.
The Agreement is concluded before or at the time of gaining access/first
use of the Premium Subscription and Additional Options and is valid for
the entire duration of the Premium Subscription and Additional Options
use, subject to the User's proper fulfilment of the terms and conditions
of the Agreement.
If the User does not agree with the terms and conditions of the Agreement
or for any reason does not have the right to conclude it, they shall
immediately cease any use of additional features of the Service.
Terms and definitions used in the Agreement
Premium Subscription (Subscription) is an option in which the
Service User in the Territory specified in the Agreement during the
Subscription Period specified in the Agreement according to the
selected Tariff for a fixed fee (Subscription Cost) gets access
through the Device to a set of additional options of the Service,
the details of which are available in the Premium Subscription
registration interface.
Additional Options (Additional Option) are the options of the
Service purchased by the User separately beyond the Premium
Subscription.
VK is the licensor, VK Limited Liability Company, which
grants the User the right to use additional features of the Service,
namely: Premium Subscription and Additional Options, by providing
remote access to them via the Internet, performs publicizing,
distribution, operation, maintenance, administration of the
Services. The Licensor is a Party to the Agreement.
User is the licensee, an individual with the legal capacity to enter
into the Agreement in the Territory, who under the Agreement is
granted the right to use additional features of the Service, namely:
Premium Subscription and Additional Options, by providing remote
access to them via the Internet on the terms and conditions of the
Agreement. The Licensee is a Party to the Agreement.
Territory is the territory of the Russian Federation, as well as
other states, where the Licensor grants the Licensee the right to
use additional features of the Service, namely: Premium Subscription
and Additional Options, by providing remote access to them via the
Internet.
User Device – smart phones, mobile phones, etc. technical portable
devices with Internet communication functions (not flash cards).
The terms used in this Agreement, which are not defined in this
section, shall be interpreted in accordance with the definitions
specified in the Terms of Use of the VK Dating App.
Subject of the Agreement
Under the Agreement, VK grants the User, on the terms and conditions
of a simple non-exclusive license, the right to use the Premium
Subscription or Additional Options of the Service by providing
remote access to them via the Internet within the existing
architecture and technical functionality, as well as within the
limits strictly specified in the Agreement.
General terms and conditions for accessing the Premium Subscription
and Additional Options
The User is provided with the option to purchase a Premium
Subscription according to the tariff plan selected at the time of
ordering, as well as Additional Options (in the range and scope
indicated in the purchase interface for Additional Options) on a
prepaid basis using any available payment method (payment methods
available in the VK Pay service and in the App Store, Google Play
Store, and Rustore app stores). When using the VK Pay service to pay
for access to the Premium Subscription and Additional Options, the
relationship between VK and the User is also governed by the VK Pay
Terms of Service:
https://money.mail.ru/img/vkpay_rules.pdf; the Privacy Policy of the Non-Bank Settlement Credit Institution
"VK Payment Solutions" (LLC):
https://money.mail.ru/img/dmr_privacy_policy.pdf; and the Terms for Providing Payment Services to Individuals,
available at:
https://money.mail.ru/img/cards_conditions.pdf.
If the User decides to cancel the Premium Subscription, he must
cancel the Subscription no later than 24 hours before the end of the
paid Subscription period in accordance with the selected tariff. The
cost of the Subscription in accordance with the tariff chosen by the
User (in the event that several tariffs are available when
purchasing the Subscription) is charged from the User no earlier
than 24 hours before the expiration of the paid period of the
Premium Subscription, if the User has not cancelled the Premium
Subscription within the period specified in this clause.
VK calculates any “month” in the Service interface as a period of
thirty (30) days to calculate and pay for the Premium Subscription.
By initiating the Premium Subscription, the User agrees that
subsequent charges for the Subscription will be automatically made
by the payment method selected by the User at the end of each 30-day
period selected by the User when initiating the Premium
Subscription, unless the User cancels the Premium Subscription prior
to the payment date.
The User acknowledges and agrees that VK may charge the cost of the
Premium Subscription from any of the linked bank cards and/or the
SBP (Fast Payments System) account in the VK Pay service, provided
the Premium Subscription was paid for via the VK Pay service, in
cases where it is impossible to charge the cost from the bank card
and/or SBP account initially linked for payment. This is done in
accordance with the procedure and under the terms outlined in para.
7.7 of the "Terms for Providing Payment Services to Individuals,"
available at:
https://money.mail.ru/img/cards_conditions.pdf.
The Premium Subscription and Additional Options are available to the
User from the moment VK receives the payment. VK shall be deemed to
have fulfilled its obligation to provide the opportunity to use the
Premium Subscription and Additional Options for the purchased Period
and Additional Options at the moment of providing access to the
Premium Subscription and Additional Options
If the User cancels the Premium Subscription, the cost of the paid
Subscription Period and the cost of the paid Additional Options is
non-refundable, unless otherwise specified by applicable law. VK’s
fee for granting the right to use the Premium Subscription or
Additional Options by providing remote access to them over the
internet is subject to VAT in accordance with current Russian
legislation.
Terms and conditions for accessing the Premium Subscription and
Additional Options via the Mini App
The User can activate access to additional functionality of the Mini
App, which is part of the Premium Subscription or Additional
Options, using VK Votes, subject to the terms and conditions
specified in the VK License Agreement, which is located at:
https://vk.com/licence.
Correspondence of the amount of non-activated data and commands
included in the Premium Subscription or Additional Options to the
number of virtual values in the form of "Votes" is determined by VK
in the Mini App interface.
Terms and conditions for accessing the Premium Subscription and
Additional Options via the Mobile Application
Payment for the Subscription cost in the Mobile App is made by the
User through App Store, Google Play Market, as well as other
application stores that host the Mobile App.
The Subscription tariffs available for connection and the cost of
Additional Options are indicated in the corresponding section in the
interface of the Mobile App.
Registration and payment for the Subscription and Additional Options
is governed by the rules of the application store in which the User
subscribes. In case of subscribing or purchasing Additional Options
in App Store, the User must read the rules at the link: http://www.apple.com/legal/itunes/ww/. In case of subscribing or purchasing Additional Options on Google
Play – https://play.google.com/intl/en_en/about/play-terms/index.html.
The technical ability to activate a Subscription or pay for
Additional Options through an application store may be limited in
accordance with the rules of such an application store.
Warranties and Liability
The Premium Subscription and Additional Options are provided on an
"as is" basis. VK does not provide any guarantees regarding the
error-free and uninterrupted operation of the Premium Subscription
and Additional Options or their individual components and/or
functionality, the compliance of the Premium Subscription with any
goals and expectations of the User, and also does not provide any
other guarantees not expressly specified in the Agreement.
VK assumes no obligations and bears no responsibility for any direct
or indirect consequences of any use or inability to use the Premium
Subscription and Additional Options, including as a result of the
User's loss of access to the personal page, and/or damage caused to
the User and/or third parties as a result of any use, non-use or
inability to use the Premium Subscription and Additional Options or
its individual components and/or functionality, including due to
possible errors or failures in operation of the Premium Subscription
and Additional Options, except as expressly provided for by the
legislation of the Russian Federation.
VK reserves the right, at its sole discretion, to restrict the
User’s access to the Premium Subscription and Additional Options, if
technologically possible, including by temporarily or permanently
restricting access and/or using their account, or to fully block the
User’s account in the Service in case of repeated violation of the
Agreement, or to take other measures against the User in order to
comply with legal requirements or the rights and legitimate
interests of third parties.
Updates and Additions
The terms and conditions of the Agreement apply to any updates/new
versions, additions within the additional features of the Service,
unless a separate license agreement is attached to the update.
Amendments to the terms and conditions of the Agreement
VK reserves the right, at its sole discretion, to unilaterally amend
the Agreement, including the Subscription Period and Subscription
Cost, as well as the cost of Additional Options. The new terms and
conditions shall not apply to the Subscriptions and Additional
Options purchased prior to the adoption of such terms and
conditions.
If the User uses autopay, VK shall notify the User of any amendments
to the terms and conditions of the Agreement in relation to the
Subscription Period, the Subscription Cost and the set of Additional
Options of the Service seven (7) calendar days prior to the
introduction of the new terms and conditions of the Agreement via
the Service. In other cases, VK shall not notify the User of any
amendments to the Terms and Conditions.
VK recommends that Users regularly check the terms and conditions of
the Agreement for amendments and/or additions.
Final Provisions
This Agreement is governed and construed in accordance with the laws
of the Russian Federation. Issues not regulated by the Agreement
shall be resolved in accordance with the legislation of the Russian
Federation.
If, for one reason or another, one or more provisions of this
Agreement are invalid or unenforceable, the remainder of the
provisions shall not be affected and shall remain valid and
enforceable.