Terms of Service

Please read these Terms of Use (“Terms”) carefully before using the mobile application “Fifteen App”, which is available in Apple App Store or Google Play (“Application”) or the website at https://www.appfifteen.com/ and/or all subdomains of this website (“Website”).

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

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

Content

About us

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

You can contact us at the email addresses listed above.

Please pay attention:

• we may not respond to abusive emails or messages, – please be polite when communicating with us;
• customer support service representatives are not authorized to bind us to anything contrary to the Terms. We are not responsible for any information provided by customer support service representatives that is inconsistent with the Terms.

Entire agreement

These Terms and Privacy Notice constitute:

• the entire legally binding agreement between you (“you” or “user”) and us regarding the use of the Website and Application, respectively; and
• our public offer regarding your use of the Application under the conditions set forth below.

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

• you have fully read the Terms, fully understand the Terms, have sufficient legal capacity, and undertake to comply with the Terms to the fullest extent applicable to the use of the Website;
• you have no restrictions on access and use of the Website in accordance with the current legislation of Ukraine and the state (or territory) of your residence or stay;
• you agree to comply with the Terms and all applicable laws each time you use the Website.

By installing the Application, you:

• represent and warrant that you are at least 18 years old and you have fully read the Terms, fully understand the Terms, have sufficient legal capacity, and undertake to comply with the Terms to the fullest extent applicable to your use of the Application;
• you give full and unconditional consent (acceptance) to comply with the Terms during the entire period of use of the Application. Acceptance is equivalent to the conclusion of an agreement (contract) between you and us on the use of the Application, in electronic form, on the terms specified below;
• you confirm that because the Terms, in the part related to the use of the Application, are an agreement of adhesion, the terms of such agreement do not deprive you of the rights that you would normally have, nor do they contain any other terms that are burdensome to you;
• confirm that your use of the Application does not conflict with the laws of the state (or territory) of your residence or stay;
• confirm that you agree to comply with the Terms and all applicable regulations throughout your use of the Application.

By agreeing to the Terms, you also agree to the Privacy Notice as an integral part of these Terms. When making a prediction in the Application, you also agree to the Rules of Contest specified therein (“Rules of Contest”).

Application use

“Fifteen App” - mobile application where you can make predictions about the winners of given sports events and participate in contests (“Contests”) pursuant to the respective Rules of Contest and make other entertainment activities. The participation in the Contest is completely free of charge and voluntary. We do not provide lottery, bookmaker, gaming, gambling, or any other similar services and shall not be regarded as such. For more information, please refer to the respective Rules of Contest available in the Application.

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

Please note that to use the Application, you must use versions of iOS, and Android that meet the requirements specified on the relevant platform.

Account

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

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

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

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

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

Payment and refunds

Payment terms

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

Please note that:

• any subscriptions and/or payments made through the Apple App Store and/or Google Play are subject to Apple’s and/or Google’s refund policies, respectively;
• for a refund (in cases provided by the relevant policies), you need to contact Apple App Store/Google Play support services, respectively;
• refunds (in cases provided for by the relevant policies) are made solely at the discretion of the Apple App Store/Google Play support services, respectively, in accordance with the established procedures;
• we do not have access to manage your purchases/payments/subscriptions made with or through the Apple App Store and/or Google Play, respectively.

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

Acceptable use policy

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

Please note that you are also prohibited from:

• pledge, rent, and share the Application;
• use the Application or Content to provide or create a product or service that competes with the Application;
• gain or attempt to gain unauthorized access to the Application or to networks connected to it;
• interfere with the operation of the Application by any means;

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

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

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

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

In connection with contact discovery, Find Friends, or other user discovery features, you must not:

• use the feature or related interfaces to systematically enumerate or identify Fifteen accounts;
• perform bulk or automated phone-number lookups;
• systematically or by automated means scrape, collect, reproduce or compile other users’ profile information;
• use automated tools to discover accounts or create datasets based on Fifteen users or platform data.

Children and minors

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

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

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

Content and intellectual property

We own the Website and Application and use them lawfully.

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

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

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

• use the Website and Application, respectively, under the conditions provided for in this document; and
• viewing and accessing the Content posted on the Website or Application, exclusively for personal (non-commercial) use.

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

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

• you violate the Terms or Rules of Contest; or
• you violate the acceptable use policy; or
• you breach payment obligations; or
• you violate the applicable law of Ukraine, provisions of applicable regulatory legal acts, or norms of international law.

Third-party websites and services

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

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

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

Disclaimer of warranty

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

Any Contests and related gifting activities described herein, in the appropriate Rules of Contest, in the Application or on the Website are not, and shall not be construed as, gambling, a public offering, a lottery, or a bookmaker service or application. The gifts are provided on a voluntary basis as part of a marketing initiative, in accordance with the applicable provisions of the laws of Ukraine. No monetary stakes, bets, or chance-based mechanisms are involved.

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

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

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

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

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

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

Liability

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

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

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

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

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

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

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

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

Force majeure

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

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

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

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

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

Disputes settlement

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

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

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

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

Electronic notifications and communication

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

• updates to the Website, Application, or these Terms;
• your use of the Website, Application, or Content;
• mailing offers, etc.

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

Termination

Termination by us

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

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

Termination by user

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

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

Miscellaneous

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

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

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

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

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

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

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

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