on the Use of the Racelane Mobile Application
(Public offer to an individual)
This User Agreement (hereinafter referred to as the “Agreement”) governs the use of the Racelane mobile application (hereinafter referred to as the “Application”) designed for mobile devices, and constitutes a public offer addressed to individuals. The Application was developed by LLC “Mobile Assistant” (hereinafter referred to as the “Service Provider”) and is provided as a free service. The service is offered “AS IS”.
This User Agreement is a contract between the Service Provider and the User, which defines the rules and conditions for using the Racelane mobile application (hereinafter referred to as the "mobile application"), as well as the mutual rights and obligations of the parties.
This User Agreement constitutes an adhesion contract.
This User Agreement is a public offer. The User Agreement shall be deemed concluded from the moment the Service Provider receives the User’s consent to the terms of this User Agreement (acceptance of the offer).
Acceptance of the offer is carried out by the User performing actions to register an Account.
The User Agreement sets forth the rules for using the mobile application, as well as the mutual rights and obligations of the parties.
1. TERMS AND DEFINITIONS
The following terms are used in this Agreement with the meanings defined below. If the Agreement uses terms and concepts not defined in this section, they shall be interpreted according to their commonly accepted meanings in the relevant industry.
1.1. Authorization – the process of identifying a registered User by entering the User’s login and password to gain access to the User Account.
1.3. Database – a collection of Information placed within the Application. All Information published in the Application, as well as the selection, grouping, and arrangement of Information, constitutes the intellectual property of the Service Provider and/or other rights holders.
1.4. Blocking – the temporary or permanent suspension of the User's access to the Application’s resources, in some cases including the prohibition of Authorization.
1.6. Information – any data or content placed (or previously placed) in the Application.
1.7. User’s Personal Information – any information that the User voluntarily provides about themselves during Registration or while using the Application, including the User’s personal data. The processing of personal data is carried out in accordance with the Personal Data Processing Policy published in the Application.
1.8. User – an individual who meets the requirements of this Agreement and the Adhesion Contract, has completed the Registration and Authorization procedures, and has unconditionally accepted this Agreement in accordance with its terms. For the purposes of this Agreement, and depending on context, "User" may also refer to an individual who meets the requirements of this Agreement but has not yet completed the Registration and Authorization procedures and has not accepted the Agreement.
1.9. Registration – a set of actions performed by the User in accordance with the instructions provided in the Application, including the submission of account credentials and other information, using a special user interface form for the purpose of creating an Account, including the “pilot profile,” and obtaining access to the functionality of the Application.
2. SUBJECT AND GENERAL PROVISIONS OF THIS AGREEMENT
2.1. This Agreement establishes the rules and conditions for using the Application, for placing Information within it, and the procedure for using such Information. It constitutes a contract between the User and the Service Provider.
2.2. Access to the Application, use of the Application, and/or any other actions performed by the User shall be deemed as the User’s acceptance of and agreement to comply with all terms of this Agreement without reservations or exceptions.
3. REGISTRATION IN THE APPLICATION
3.1. In order to gain access to the functionality of the Application, a person must complete a series of steps by filling out the registration form (complete Registration), as a result of which a unique Account will be created for the User.
3.2. Unless otherwise specified in agreements between the User and the Service Provider, multiple Registrations are not permitted. In the event the User violates this rule, the Service Provider may block the User’s Accounts and delete the User’s Information.
3.3. The User agrees to provide truthful, accurate, and complete information about themselves in the registration form and to keep this information up to date. If any of this information changes, the User undertakes to update it within a reasonable period.
3.4. The Service Provider has the right to block the User’s Account if the User has provided false information about themselves, or if the Service Provider has grounds to believe that the information provided by the User is untrue, incomplete, inaccurate, violates the terms of this Agreement, or if the User is using information belonging to third parties.
4. AUTHORIZATION IN THE APPLICATION
4.1. The User’s individual login and/or password required for Authorization in the Application are intended solely for that User. If a third-party logs into the Application using the User’s login and password, all actions performed by such a person will be considered as actions performed by the User. The User is solely responsible for all actions carried out in the Application by themselves, as well as by any third parties using the User’s login and password.
4.2. The User undertakes not to disclose or share their login and password with third parties and to take all necessary measures to ensure that their login and password are not accessible to unauthorized persons.
4.3. The User must immediately change their authorization credentials if they have reason to believe that this information has been disclosed or may be used by unauthorized third parties.
5. USER’S PERSONAL INFORMATION
5.1. The Service Provider processes only the amount of the User’s personal data necessary for the operation of the Application, in accordance with the Personal Data Processing Policy published in the mobile application.
5.2. List of personal data being processed:
IP address, date and time of registration and authorization, information about activity within the account, information about the user’s device, first and last name, email address, mobile phone number, information about the vehicle (make, model, technical specifications), information provided when contacting technical support, audio or video recordings of interviews, information disclosed during interviews, images (photos, video with sound), full name, address of residence (or stay), phone number or email address (with regard to personal data processing inquiries), content of the inquiry, and any other personal data specified in the inquiry.
6. POSTING INFORMATION IN THE APPLICATION
6.1. By posting Information in the Application, the User guarantees that they possess all necessary rights to publish such Information. If the User does not have the proper rights to post any Information in the Application, the User agrees not to post such Information.
6.2. The Service Provider grants the User the ability to post Information in the Application strictly within the framework of the provided functionality.
6.3. When using the Application, the User is not allowed to upload, send, transmit, or in any other way post and/or distribute Information that:
6.3.1. is illegal, harmful, defamatory, offensive to public morality, depicts or promotes violence and cruelty, or contains insults directed at Users and/or third parties;
6.3.2. violates individuals’ rights to privacy and public order;
6.3.3. contains elements of (or promotes) pornography, child erotica, or constitutes advertising or promotion of sexual services (including under the guise of other services);
6.3.4. explains how to produce, use, or otherwise apply narcotic substances or their analogues, explosives, or other weapons;
6.3.5. contains unauthorized advertising, spam (including search engine spam), lists of third-party email addresses, pyramid schemes, multi-level (network) marketing (MLM), “make money online” systems and “email businesses,” “chain letters”;
6.3.6. promotes hatred and/or discrimination based on race, ethnicity, gender, religion, or social status
6.3.7. contains viruses or other computer codes, files, or programs designed to disrupt, destroy, or limit the functionality of any computer or telecommunication equipment and/or software, including tools for unauthorized access, serial numbers for commercial software products, programs to generate them, login credentials, passwords, or other tools for accessing paid resources on the global Internet, as well as links to such information;
6.3.8. violates legally protected property and/or personal non-property rights and legitimate interests of Users and/or third parties;
6.3.9. contains other information the dissemination of which is prohibited or restricted in accordance with the legislation of the Republic of Belarus.
6.4. If the User is uncertain about the legality of certain actions in the Application, including posting Information, the User must refrain from taking such actions.
6.5. In the event of a dispute, the burden of proving that the Information posted by the User does not violate the rights of third parties lies with that User.
6.6. The Service Provider may, at its sole discretion, refuse to allow the posting of any Information (and may also delete and/or edit it) that the User intends to or has already posted in the Application, including without providing any explanation.
7. USE OF THE APPLICATION
7.1. The User is permitted to use the Application only in accordance with this Agreement and solely in the ways provided for by the technical capabilities and interface of the Application.
7.2. When using the Application, the User undertakes to:
7.2.1. not violate the rights of third parties;
7.2.2. not impersonate another person or a representative of an organization or association without sufficient authority, including not impersonating employees of the Service Provider, the owner (administrator) of the Application, or other resources of the global Internet; not engage in any other forms or methods of unlawful or dishonest misrepresentation in communication networks (including the Internet); and not mislead other Users or the Service Provider regarding the properties and characteristics of persons or objects;
7.2.3. not upload, send, transmit, or in any other way post and/or distribute materials and information without having the rights to do so under applicable law or contractual relationships, including not uploading photographs protected by watermarks from third-party sources;
7.2.4. not process personal data of third parties in an unlawful and/or unauthorized manner;
7.2.5. not assist in violations of the restrictions and prohibitions imposed by this Agreement and/or applicable law;
7.2.6. not otherwise violate applicable law or use the Application for the purpose of violating such laws.
7.3. Without the written permission of the Service Provider, the User undertakes not to use automated programs to access the Application for the purpose of extracting, collecting, processing, copying and/or subsequently distributing the Information presented in the Application and in the Database.
7.4. Users agree to use the Information solely for personal, non-commercial purposes, unless otherwise permitted by the Service Provider.
8. OPERATION OF THE APPLICATION AND LIABILITY DURING ITS USE
8.1. The Service Provider does not guarantee that the Information posted in the Application will be available at all times or that it will not be deleted or lost. The Service Provider bears no responsibility for failures or delays in the operation of the Application, nor for any consequences resulting from such failures or delays.
8.2. The Service Provider is not liable for any potential leakage of Information from the Application's Database as a result of unauthorized actions by third parties.
8.3. The Service Provider is not liable for the presence of viruses in the Application, nor for any consequences of the User’s mobile devices being infected by viruses or other malicious software.
9. FORCE MAJEURE
9.1. The Parties shall be released from liability for partial or complete failure to fulfill their obligations under this Agreement if they can prove that such failure resulted from force majeure circumstances, including but not limited to: any decree, regulation, or written order from a government authority, department, or agency claiming jurisdiction over the activities of the Parties or their representatives; fire, flood, strike, natural disasters; enacted regulations or laws preventing proper fulfillment of the Parties’ obligations under this Agreement; disruptions with the Service Provider’s Internet provider; interference in communication channels which the Parties could not foresee and/or prevent by reasonable measures, and which were not expected or taken into account at the time of entering into this Agreement.
10. FINAL PROVISIONS
10.1. The legislation of the Republic of Belarus shall apply to this Agreement and to the relationship between the User and the Service Provider arising from the use of the Application. All disputes arising from the relations governed by this Agreement shall be resolved in accordance with the procedures established by the current legislation of the Republic of Belarus.
10.2. Users’ information is protected only to the extent provided by this Agreement and the legislation of the Republic of Belarus.
10.3. The form and method of concluding this Agreement are subject to the norms of the Civil Code of the Republic of Belarus governing the procedure and conditions for concluding a contract by acceptance of a public offer through conclusive actions.
10.4. The Agreement may be amended unilaterally by the Service Provider. The new version of the Agreement shall enter into force upon its publication in the Application, unless otherwise provided in the new version.
10.5. The User’s continued use of the Application constitutes agreement with the changes introduced by the Service Provider.
10.6. This Agreement may be terminated by mutual consent of the parties or unilaterally by the User in case of disagreement with changes or additions made by the Service Provider. If the User intends to terminate this Agreement unilaterally, they must immediately stop using the Application.
10.7. The Application is the intellectual property of the Service Provider and may be used only with the Service Provider’s permission. Any use of the Application without the Service Provider’s permission, or for purposes not permitted by the Agreement, is unlawful and may result in the User being held liable.
10.8. Any matters not regulated by this Agreement shall be governed by the applicable legislation of the Republic of Belarus.
Service Provider Details:
Limited Liability Company "Mobile Assistant"
Legal address: 91 Kropotkina St., Office 14, Room 306, Minsk, 220002, Republic of Belarus
UNP (Tax ID): 193549859