Approved by the Director of the Chernovetskyi Fund Tea Rokva 

July 21, 2024

User Agreement 

TERMS AND DEFINITIONS

“Agreement” – this User Agreement. 

“Application” –

“User” – an individual who has duly joined this Agreement to use the Application. 

“Company” — The charitable foundation “Chernovetskyi Fund”, established under Georgian law. Located at: 11 Vissarion Zhgenti street, Vake district, Tbilisi, Georgia 

Company identification code: 404940711.

1.GENERAL PROVISIONS
1.1. This User Agreement (hereinafter referred to as the “Agreement”) regulates the relationship between the Company and the User. 
1.2. The Application is a software program for mobile devices, representing an application developed for mobile devices running iOS and Android operating systems.
1.3. This Agreement is an open and public document. The current version of the Agreement is available on the Internet at:  chernovetskyifund.ge/en/user-agreement
1.4. Installing the Application on the User’s mobile device constitutes acceptance of this Agreement and confirms the User’s consent to its terms. 
1.5. By accepting the terms of this Agreement, the User consents to the processing of their personal data by the Company, provided during registration in the Application, for the purpose of fulfilling this Agreement and resolving claims related to its execution. The User agrees that the Company has the right to store and process, including automated processing, any information related to the User’s personal data in accordance with the Law of Georgia “On Personal Data Protection.”
1.6. The terms of this Agreement constitute a public offer under Article 329 of the Civil Code of Georgia to conclude an adhesion contract with the Company under the terms of which the Company provides the User with free access to the Application under the conditions of this Agreement. 

2. RIGHTS AND OBLIGATIONS OF THE USER
2.1 The User agrees to comply with the terms of this Agreement. 
2.2. The User agrees to take appropriate measures to ensure the security of their username and bank card number and is personally responsible for their preservation and confidentiality. 
2.3.  The User agrees not to use the Application for any purposes other than those related to personal non-commercial use. 

3. RIGHTS AND OBLIGATIONS OF THE COMPANY
3.1. The Company has the right to transfer its rights and obligations under this Agreement to third parties for the purpose of fulfilling this Agreement without additional consent from the User. 
3.2. The Company reserves the right to restrict the User’s access to the Application at any time for organizational or technical reasons without notifying the User. 
3.3. The Company reserves the right to terminate this Agreement unilaterally at any time by blocking the User’s ability to use the Application. 

4. WARRANTIES AND LIABILITY OF THE PARTIES
4.1. Limitation of Liability. The Application is provided to the User “as is.” The User assumes all risks associated with using the Application. The Company will take all reasonable measures within its power but does not guarantee the absolute security of the information and data provided by the User. The Company’s liability is limited to actual damages. 
4.2. The User guarantees not to take any actions aimed at causing damage to the owner of the rights to the Application, the Company, mobile network operators, rights holders, or other parties. 
4.3. In the event of a violation of the rules for using the Application specified in the Agreement, the User agrees to compensate the Company for damages caused by such actions. 
4.4. Unless proven otherwise by the User, any actions taken using the User’s name and bank card number are considered to have been performed by the corresponding User. In the event of unauthorized access to the User’s name and bank card number, or the dissemination of the User’s name and bank card number, the User must immediately notify the Company in the prescribed manner. 

5. LINKS TO THIRD-PARTY SITES
5.1. The Application may contain links or provide access to other resources on the Internet (third-party sites) and the content posted on these resources, which are the result of the intellectual activity of third parties and are protected in accordance with the legislation of Georgia. These sites and their content are not checked by the Company for compliance with the requirements of Georgian law. 
5.2. The Company is not responsible for any information or content posted on third-party sites that the User accesses through the Application, including any opinions or statements expressed on third-party sites. 
5.3. The User acknowledges that from the moment the User follows a link contained in the Application to a third-party site, the relationship between the Company and the User is terminated. This Agreement no longer applies to the User, and the Company is not responsible for the accuracy of the information posted on third-party sites, the User’s use of the content, the legality of such use, and the quality of the content posted on third-party sites. 

6.  USING THE APPLICATION WITH THE SAME ACCOUNT ON MULTIPLE MOBILE DEVICES SIMULTANEOUSLY
6.1. The User is informed that the Application can be installed simultaneously on multiple mobile devices using the same account (combination of username and password). 

7. FINAL PROVISIONS
7.1. This Agreement takes effect for the User from the moment the Application is installed on the User’s mobile device.  This Agreement is valid indefinitely. 
7.2. This Agreement is written in Georgian, Russian, and English, all of which are understandable to the User and the Company.
7.3. If any provision of this Agreement is found to be invalid, it does not affect the validity or enforceability of the remaining provisions of this Agreement. 
7.4. The User grants the Company permission to send information about the Application’s operation, as well as promotional and informational messages, by any means, including email and phone number provided by the User, and to place advertisements, informational, and other messages within the Application. If the User wishes to withdraw this permission, they must notify the Company and stop using the Application by uninstalling it from their mobile devices. 
7.5. To improve and enhance the stability of the Application, the Company is entitled to collect, store, and process statistical information about the User’s use of the Application, which includes:

• Surname, first name, and patronymic;
• Date of birth;
• Gender;
• Phone number;
• Email address;
• Data about the User’s mobile device model (device identifier);
• Statistical information about the use of the Application.

This information may be shared with third parties to the minimally necessary extent for the purpose of sending informational and/or promotional materials. 
7.6. This Agreement may be amended and/or supplemented by the Company unilaterally. Continuing to use the Application after changes and/or additions to this Agreement indicates the User’s consent to such changes and/or additions. Therefore, the User is obligated to regularly check for changes in the relevant section of the Application and the Agreement posted on the website: chernovetskyifund.ge
7.7. Inquiries, suggestions, and complaints from individuals and legal entities to the Company related to the content and functioning of the Application, violations of the rights and interests of third parties, requirements of Georgian legislation, as well as requests from authorized persons under Georgian legislation, can be sent to the email: office-fsp@fsp.ge.
7.8. This Agreement is governed by the laws of Georgia. Any issues not addressed in this Agreement will be resolved according to Georgian law. Disputes arising from this Agreement will be settled at the Company’s location. 
7.9. This Agreement is not a consumer contract, as it does not involve providing services, performing work, or supplying goods to the User.