Please read this Agreement carefully. By accessing or using Survival App (here and after the App), you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE MOBILE APPLICATION.

We may modify this Agreement from time to time. We will notify you through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.

1. Definitions

"Agreement" shall mean these Terms of Use, including any annexes thereto which form an integral part thereof and which in their totality, govern Your relationship with Survival App;
"Applicable Law" shall mean the Law of the Republic of Belarus;
"Copyright holder" shall mean limited liability company "IT Band Systems" having its registered address situated at 5 Kulman street, apt.48, Min
"Service(s)" shall mean the Survival App Services provided in the mobile application;
"Survival App" shall mean the mobile application and all the services provided;
"Mobile application" shall mean a specialized piece of software developed for mobile devices that belongs to the Copyright holder. Includes the articles, podcasts and videos on Survival topics;
"We / Our" shall mean the Copyright holder;
"You" / "Your" shall mean a person who agrees to be bound by the terms contained in this Agreement.

2. Fees

Certain items may be made available via in-app purchasing. Please, note in-app purchase of such items is not obligatory for the app use.
All transactions between you and us are handled via the app store that you downloaded the App from.

3. Proprietary Rights

Except as otherwise stated herein, all rights, titles and interest in the Mobile application and Services and any content contained therein is the exclusive property of Survival App, except as otherwise stated herein. Unless otherwise specified, the Services are for Your limited use only and if You copy or download any information from this mobile application, You agree that You shall not remove or obscure any copyright or other notices or legends contained in any such information.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or Services obtained from the mobile application, except for the purposes expressly provided herein, without Survival App's prior written approval.

Except for those Intellectual Property Rights that are already owned, registered or vested in Your name, or those Intellectual Property Rights that are created by or for You during the duration of this Agreement, all Survival App trademarks, trade names, Service marks, logos and other Intellectual Property Rights in and to the mobile application are proprietary to Survival App. Your use of any marks on the mobile application in any manner other than as authorized in this Agreement, or as authorized in writing by Survival App, shall be strictly prohibited.

Survival App shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any of Your Data belonging to You, except for the purposes of the provision of performing the Services expressly provided for herein, without any further prior need of approval or consent from You.

For the avoidance of doubt, Survival App will keep Your Data confidential and maintain Your Confidential Information in the strictest of confidence. In this respect, Survival App will not disclose or permit disclosure of Your Data to any unauthorized person, and will only make such limited use as strictly necessary for Survival App to perform the Services. For the avoidance of doubt, all such rights to Survival App to use Your Data shall be granted solely for the duration of this Agreement and in accordance with Our Privacy Policy.

You acknowledge and agree that Survival App may disclose any Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of Your content and/or Data violates the rights of Third Parties; or (d) protect the rights, property, or personal safety of Survival App, the mobile application, its users, and the public.

In the event that You provide Survival App with any feedback, suggestions, comments or improvements with respect to the mobile application, You hereby grant Survival App with a non-revocable, sub-licensable and royalty free right and licence to make use of, copy, disclose, licence, and distribute such feedback, suggestions, comments or improvements in any manner without any obligations, of whatever kind, towards You. Nothing in this Agreement shall be construed as a limitation on Survival App to make use, develop and market any Services incorporating the feedback, suggestions, comments or improvements that You have provided.

For the avoidance of doubt, all such rights to Survival App to use Your Data shall be granted solely for the duration of this Agreement.

4. Confidential Information

The person in receipt of Confidential Information (the "Receiving Party") shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the other party (for the purposes of this section, the "Disclosing Party"). Receiving Party shall ensure restriction of access to Confidential Information to its employees, contractors and Third Parties as is commercially and reasonably required and shall require those persons to sign and abide by nondisclosure restrictions at least as protective as those contained within this Agreement. The Receiving Party shall not, without the prior written approval from the Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any Confidential Information. The Receiving Party shall return to the Disclosing Party any Confidential Information and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately where the Disclosing Party so requests in writing.

5. Warranties

Survival App warrants and represents to You that:

• The Service is provided in accordance with the Applicable Law;
• The Intellectual Property Rights (including without limitation all copyright, trademarks, design rights, Service marks, whether registered or unregistered) in any material provided by Survival App as part of the Mobile application do not, to the best of Survival App's knowledge, infringe any Third Party Intellectual Property Rights when used in accordance with this Agreement;
• Survival App will only use Your Data in accordance with this Agreement, including its annexes; and
• Survival App represents and warrants to You that it has all necessary rights and authority to enter into the Principal Agreement and any Addendum to perform the Services.

6. Limitations

In no event shall Survival App, its owners, suppliers or any of their respective owners, directors, employees, contractors and/or agents be liable to You or any Third Party for any direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including but not limited to any lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising directly or indirectly from (i) Your use of or access to the Mobile application, or any content, products or services distributed on or provided through the Mobile application, (ii) for any failure or interruption of the Mobile application; whether arising out of errors, omissions, loss of data, defects, viruses, interruptions or delays in operations or transmission or any other cause, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if Survival App or its suppliers have been expressly advised of the possibility of such damages.

In any event, and without prejudice to the above, Survival App's total maximum aggregate liability under this Agreement, including any annexes herewith, or in respect of the use or exploitation of any part or all of the Mobile application, the content or user material in any manner whatsoever shall not exceed Your fee.

7. Links

The mobile application may include links to certain websites, materials, or content developed by Third Parties. Survival App has not reviewed all of the sites linked to its mobile application and shall not be responsible for the contents of any such linked material. The inclusion of any link does not imply endorsement by Survival App of such material and Survival App shall not be held liable in respect of any links contained therein. Use of any such linked material shall be at Your own risk. Survival App reserves the right, in its sole and absolute discretion, to discontinue links to any other material at any time and for any reason.

8. Severability

If any provision of this Agreement is found, by any court having competent jurisdiction, to be unenforceable, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect to the maximum extent possible.

9. Privacy / Data Protection

Please refer to Our Privacy Policy for details on Our privacy practices through the use of Survival App.

10. User at your own risk

Our goal is to help make certain survival information more readily available and useful to you. Your use of the App and any information, suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information that we may provide to you through the App and you agree and understand that the App is not intended to match or serve the same purpose as a medical or scientific device.

11. Indemnification

Our Indemnification Obligations: We agree to indemnify, defend, and hold You harmless from and against any claims brought by Third Parties arising from or relating to Our violation of a Third Party's Intellectual Property Rights directly arising out of Your use of the Services in accordance with the terms of this Agreement. Notwithstanding the foregoing, We shall have no indemnification obligation with respect to any claims (i) arising out of or related to Your Data (ii) to Your violation of any applicable laws; (iii) Your violation, whether alleged or actual, of any Third Party rights, including but not limited to data protection and privacy rights.

Your Indemnification Obligations: You shall indemnify, hold harmless and defend Survival App, including any of its subsidiaries, officers, owners, partners, directors, employees, contractors, agents, subsidiaries, shareholders, licensors, suppliers and other partners , to the maximum extent permitted, in full and in perpetuity, and at Your own cost, from any third party liabilities, claims, costs, expenses, obligations, losses or damages, excluding indirect damages and consequential loss that may arise from (i) Your unauthorised use of any material obtained through the Mobile application; (ii) Your use and access to the Mobile application which is not in accordance with this Agreement; and (iv) Your violation, whether alleged or actual, of any Third Party rights.

12. Miscellaneous

This Agreement constitutes the entire agreement between Survival App and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Survival App, or by the posting by Survival App of a revised version.

These Terms of Use are governed by the laws of the Republic of Belarus. All disputes arising out of your access to this mobile application are subject to the exclusive jurisdiction of the Belarusian courts. If any of these Terms of Use are deemed invalid or unenforceable for any reason (including, but not limited to, the exclusions and limitations set out above) then the invalid or unenforceable provision will be severed from these Terms of Use and the remaining provisions will continue to apply.

Contacts of the Controller:
IT Band Systems Ltd.
Kulman 5-48,
Minsk, Belarus, 220100
+375 17 243 1417
hello@survivals.app