TERMS AND CONDITIONS

Last updated December 31, 2024

Dear User! Before you proceed with installing, copying or any other use of our App, please read the terms and conditions being a standard form of adhesion contract, and concluded in the written or any other form. Your disagreement with the terms and conditions hereof shall prevent you from using the App. Installment, launch or any other initiation of Module use shall be deemed as your full consent to all the terms and conditions hereof. This terms and conditions shall be a legally binding agreement. Your rejection to consent to the terms and conditions hereof shall deny your right to install the App and makes you liable for deleting all the components thereof from your computer.

This TERMS AND CONDITIONS (hereinafter referred to as the TAC) is effected between TORUS DEV CY LTD. registered in Pilou 8, G.Matheou Tower, 301, 6037, Larnaca, Cyprus (hereinafter referred to as the Licensor) and the User, i.e. any person, individual entrepreneur, or legal entity (hereinafter referred to as the User) of the computer software LMS, Brusnika.LMS (hereinafter referred to as the App).

Key terms of the TAC:

  1. App is LMS, Brusnika.LMS computer software (considered both in its full entirety and in terms of components thereof), with the exclusive property rights thereto belonging to the Licensor;
  2. AppTrial Version is the version of  LMS, Brusnika.LMS App with a set usage period limit that is intended solely for individual review of the User of the App’s functionality under the terms and conditions hereof, and shall not be subjected to sale or any other disposition to third parties.
  3. Subject-matterofthe TAC

1.1. Under the procedure, terms and conditions hereof, the Licensor shall grant the User the right of use in regard to the App (under non-exclusive license) that is effected by means of installation and launch of the said App by the User in accordance with the technical specifications thereof and the terms and conditions of this TAC.

1.2. All the terms and conditions hereof shall be apply both to the App in its full entirety and to the separate components thereof. The App shall be licensed as a single computer software; the components thereof may be divided and used separately on different computers.

1.3. This TAC shall be concluded prior to the start of use of the App, or immediately upon the said moment, and shall be effective as of the entire term of the exclusive right of the Licensor for the App, provided that the User duly performs his obligations hereunder.

  1. Copyrights

2.1. The App is the intellectual property and the copyright-protected item as a computer software that are regulated and protected by the Cyprus laws on intellectual property and the provisions of international law.

2.2. The App features commercial classified information and other confidential information being the property of the Licensor. Any use of the App resulting in the breach hereof shall be deemed as the violation of the rights of the Licensor, and shall be a reasonable ground for the deprivation of the User of rights granted hereunder.

2.3. The Licensor shall guarantee that he possesses the full rights of use of the App including the documentation thereto that is necessary for granting the User with the rights of use of the App hereunder.

2.4. The violation of copyrights shall provide for the responsibility under the current Cyprus laws.

  1. Terms of use of the App and restrictions in regard thereto

3.1. This TAC shall grant the right of installation, launch and use of a single legally acquired copy of the App within the functionality range thereof on a single computer.

3.2. The User shall have the right to a single cession (transfer) of his rights and liabilities hereunder to another User in the entirety thereof, upon a prior notice of the Licensor, with the exclusion of the right of successive cession (transfer) of rights hereunder to other Users envisaged herein which shall impose a restriction on the possibility of retransfer of rights hereunder. The said cession (transfer) of rights and liabilities shall be effected under the condition of full and unconditioned consent of a new User to all the provisions, terms and conditions hereof. Upon transferring the rights of use for the App, the User shall be liable to completely destroy any copies of the App installed on the computers of the User, including backup copies. The User shall be liable to provide the full information on the new User for re-registration of the rights of use to the said in accordance herewith.

The cession (transfer) of rights hereunder shall not be effected (i) indirectly or by means of any third persons, and (ii) in case of use of the trial version of the App by the User, with an absolute restriction of cession of rights by the initial User being imposed thereon.

3.3. The User shall be entitled to alter, add and delete any files inherent in the acquired App only in cases envisaged by the Cyprus laws on copyrights.

3.4. Deletion of any information on copyrights shall be prohibited.

3.5. Any use of the App violating the current Cyprus laws shall be prohibited.

  1. Liabilities of the Parties.

4.1. Any violation of the terms and conditions hereof shall provide for the responsibility under the Cyprus laws.

4.2. The Licensor shall not be liable for any damage, loss of profit, information or savings in regard to the use or impossibility of use of the App, even provided that the User provides a prior notice on the possibility of such loss, or in regard to any claims on the side of the third parties.

  1. Limited guarantee statement

5.1. The Licensor shall provide the User with the right to receive Technical Support for consulting the User on issues related to the functionality of the App, peculiarities of installation and operation with standard configurations of supported (widespread) operating, mail and other systems under the terms and conditions, and during the entire term hereof, and in accordance with the current Cyprus laws, without payment of additional remuneration.

5.2. The Licensor shall grant the User with the right to receive and use the updates (new versions) of the App in accordance herewith, and during the entire term hereof, from the moment of acquiring the rights of use for the App, without payment of any additional remuneration. Any updates for the App shall be deemed as an integral part thereof, and shall be used exclusively in conjunction with the App as a single computer software under the procedure established herein, provided that other conditions for the use of such updates are not stipulated in a separate license agreement.

5.3. In case any errors are detected while using the App, the Licensor shall be liable for fixing the said in the nearest possible time, and release a new and corrected version of the App. The Parties shall agree that determining the exact term for error correction is impossible as the App closely interacts with other third-party computer software, operating system and hardware resources of the computer of the User, and the performance and term of error correction do not depend solely on the Licensor.

5.4. In case of breach of any of the provisions contained in section 3 hereof, the User shall automatically lose the right to receive updates (new versions) for the App.

  1. Validity, alteration and termination of the TAC

6.1. This TAC shall be effected and interpreted under the Cyprus laws.

6.2. In case of breach of the terms and conditions hereof by the User, the Licensor shall be entitled to terminate this Agreement unilaterally, with prior notice of the User.

6.3. Upon the termination hereof, the User shall be liable to stop using the App in its entirety and destroy any copies thereof installed on computers of the User, including any backup copies and any components of the App.

6.4. The User shall be entitled to terminate this TAV in any moment, with deleting the App in the entirety thereof.

6.5. In case any authorized court rules any of the provisions hereof invalid, the TAC shall continue to be effective in regard to the rest of the provisions hereof.

6.6. This TAC shall apply to any updates (new versions) of the App provided to the User within the full term hereof, unless the User is offered to read and consent to a separate license agreement or any amendments hereto within the term of this TAC.

  1. Contact details of the Licensor

TORUS DEV CY LTD. registered in Pilou 8, G.Matheou Tower, 301, 6037, Larnaca, Cyprus