License Agreement for the Use of Toloka Program for Mobile Devices

Prior to the use of the program, please read the terms of the license agreement set forth below. Any use of the program by you means your full and unconditional acceptance of its terms.

If you don’t accept the terms of the license agreement in full, you may not use the program for any purposes.

1. General provisions

1.1. This License Agreement ("License") sets forth the terms for the use of Toloka program for mobile devices ("Program") and is concluded between any person using the Program ("User") and Yandex Services AG, a corporation established and existing under the laws of Switzerland with its registered office at 6005 Switzerland, Luzern, Werftestrasse 4., which is the owner of the exclusive right to the Program ("Right Holder").

1.2. By copying the Program, installing it on your personal device or by using the Program in any manner, the User expresses his/her full and unconditional acceptance of all the terms of the License.

1.3. The Program may be used only on the terms of this License. If the User does not accept the terms of the License in full, the User may not use the Program for any purposes. The use of the Program in violation (through non-observance) of any terms of the License is prohibited.

1.4. The use of the Program on the terms of this License is free of charge. The use of the Program on the terms and in the manner not stipulated by this License is allowed only subject to a separate agreement with the Right Holder.

1.5. By using the Program, the User agrees that the following documents are an integral part of this License and their terms apply to the use of the Program in full:

The stated documents (including any parts thereof) may be amended by persons posting them unilaterally without any special notice; new versions of the documents shall enter into force upon their publication, unless otherwise provided by the new versions of the documents.

1.6. The Program enables the User to use a part of functions of Toloka service provided and available in the Internet at https://toloka.yandex.com. By using the Program, the User expresses his/her unconditional and full acceptance of the Terms of Use of Toloka Service (User Agreement) permanently available in the Internet at https://yandex.com/legal/toloka_useragreement/, as well as with all documents referred to in the stated document. The use of the Program on the terms of this License in case of unacceptance or partial acceptance by the User of the Terms of Use of Toloka Service (User Agreement) and documents referred to therein is prohibited.

1.7. This License and all relations connected with the use of the Program (including issues of validity, performance and termination of the License) shall be governed and construed in accordance with the law of the Swiss Confederation (without giving effect to the conflict of laws provisions of the Swiss Confederation). All disputes arising out of the License or in connection therewith are subject to the exclusive jurisdiction of the courts of the Canton of Zurich. The above stated shall not limit the right of the Right Holder to apply to any other judicial authorities for injunction and/or any other remedies.

1.8. The Right Holder may provide the User with the translation of this License from English into other languages, however, in case of discrepancies between the terms of the License in English and its translation, only the English version of the License shall be legally effective.

2. Rights to the Program

2.1. The exclusive right to the Program is owned by the Right Holder. This license agreement shall not imply any alienation or transfer of such right.

3. License

3.1. The Right Holder grants to the User free of charge, on the basis of a simple (non-exclusive) license, a non-transferable right to use the Program worldwide, except in the Swiss Confederation, in the following manner:

3.1.1. To use the Program in accordance with its intended functional purpose by copying and installing (reproducing) it on the User's personal device(s). The User may install the Program on an unlimited number of personal devices.

4. Limitations

4.1. Except for the use in the volumes and in the manner expressly stipulated by this License or the laws of the Russian Federation, the User may not change, decompile, disassemble, decode and take other actions with the object code of the Program with the purpose of extracting the source text of the Program and/or receiving information on implementation of algorithms used in the Program, create derivative works with the use of the Program, as well as otherwise use (allow to use) the Program without written consent of the Right Holder. The User may modify the Program solely for its personal use and reverse engineer the Program solely for fixing errors in such modified versions. The User may not distribute, communicate, make available to the public or use such modified versions of the Program otherwise than for his/her personal use.

4.2. The User may not, without written consent of the Right Holder, reproduce or distribute the Program or make it available to the public in any form and in any manner not expressly stipulated by this License including together with other programs, as part of collections of software programs or with offers of other programs, settings and other products irrespective of purposes of such use.

4.3. The Program shall be used under the title Toloka. The User may not alter the title of the Program, amend and/or remove copyright notices or other references to the Right Holder or other persons in the Program, documentation or other materials distributed with the Program.

5. Other terms and notices

5.1. The User is hereby notified and agrees that, during the use of the Program, the following information shall be automatically transferred to the Right Holder: IP address of the User's device, coordinates of the User’s device location, category (type) of the User's device, type and version of operating system of the User's device, information on the software applied for the use of the Program by the User (type of browser or mobile browser, other software) and its version, usage statistics for the functions of the Program as well as other technical information.

5.2. All data related to the use of the Program and transferred in accordance with this License shall be stored and processed in accordance with the Privacy Policy (https://yandex.com/legal/privacy/).

6. Limitation of liability under the License

6.1. The Program is provided on "as is" basis. The Right Holder and its contractors shall provide no warranties in respect of error-free and uninterrupted operation of the Program, correspondence of the Program to certain purposes and expectations of the User, and shall provide no other warranties not expressly stated in this License.

6.2. To the fullest extent permitted by the current legislation, the Right Holder and its contractors shall not bear any liability for any direct or indirect consequences of any use or inability to use the Program and/or the damage caused to the User and/or third parties as a result of any use or failure to use the Program including due to possible errors or failures of the Program.

7. Updates/new versions of the Program

7.1. The Program may from time to time automatically download and install updates aimed at improvement of the Program that may be in the form of patches, add-on modules or completely new versions of the Program. The User is hereby notified of and agrees to the automatic update of the Program, including request, download and installation of updates of the Program to the User’s device without any additional notices.

7.2. This License shall apply to all subsequent updates/new versions of any of the Programs and/or all Programs. Installation of an update/new version of the Program shall mean the acceptance by the User of the terms of this License for such update/new version of the Program, if the update/installation of a new version of the Program is not accompanied by any other license agreement.

7.3. Third party software is included in the Software as separate components. Relevant information on this third party software is available at: https://yandex.com/legal/toloka_mobile_agreement/components/.

8. Changes in the terms of this License

8.1. This license agreement may be changed by the Right Holder unilaterally. A notice to the User of any changes made to the terms of this License shall be published at: https://yandex.com/legal/toloka_mobile_agreement/. Any changes to the terms of the license agreement shall enter into force on the date of their publication, unless otherwise stated in the relevant publication.

 

Date of publication: 16.08.2017

Previous version of the document: https://yandex.com/legal/toloka_mobile_agreement/01102015/