United States, North Carolina, Charlotte.
October 08, 2023.
1.1. The present public offer agreement assigns the following meanings to the terms below unless the context requires otherwise:
1.1.1. "Offer" - this document, the proposal of the Copyright holder to conclude an Agreement based on the terms in the Offer, available at: http://ursoapp.com
1.1.2. "Acceptance" - full and unconditional acceptance of the Offer by the User to perform the actions specified in Clause 2.2 of the Offer.
1.1.3. "Copyright holder" - PRAKTIKA, INC. (EIN 87-3267429).
1.1.4. "User" - an individual that has entered into the Agreement through Acceptance.
1.1.5. "Mobile application" - software designed to run on smartphones, tablets, and other mobile devices. For the purposes of this Agreement, hereinafter, the term "Mobile application" means the "Urso" mobile application, which offers Audio courses (Audio materials) and is available for download on the User's mobile device on App Store.
1.1.6. "Audio material" - an audio recording (track), an object of intellectual property, which the User can access under the terms of the Agreement through the use of the Mobile application.
1.1.7. "Audio course" - a set of consecutive, coherent Audio materials.
1.1.8. “Urso Bear Universe” – a fictional World where the bear named Urso lives, with which the User interacts in the application.
1.1.9. "Simple (non-exclusive) license" - the non-exclusive right of the User to use the Mobile application and (or) Audio courses (Audio materials), with the right of the Copyright holder to issue licenses to other persons retained.
2.1. This Offer is an official proposal by the Copyright holder to any individual that has full legal capacity and the necessary authority to conclude an agreement on the terms set forth in the Offer (hereinafter referred to as the Agreement) and contains all the essential terms of the Agreement.
2.2. The Acceptance of the Offer is constituted by downloading and (or) installing the Mobile application on a mobile device by the User.
2.3. The Acceptance of the Offer as prescribed by this Offer is equivalent to concluding an Agreement on the conditions set forth in the Offer.
2.4. The Offer (Agreement) does not require seals and/or signatures by the Copyright holder and the User (hereinafter referred to collectively as the Parties) with full legal force maintained.
2.5. By accepting the Offer, the User guarantees familiarity with, agreement, and full and unconditional acceptance of all the terms of the Agreement precisely as they are set out in the text of the Offer and also guarantees the authority and the legal rights to enter into a contractual relationship with the Copyright holder.
2.6. The Copyright holder has the right to amend the terms of the Offer at any time. Changes to the terms of the Offer come into effect from the moment of their publication.
3.1. Under the Agreement, the Copyright holder provides the Mobile application "as is," without any express or implied warranties. The Copyright holder is not responsible for data loss, device damage, or any other direct or indirect losses associated with the use of the Mobile application.
3.2. Under the Agreement, the Copyright holder is also obliged to provide the User with the right to use the Audio courses (Audio materials) offered in the Mobile application and interact with the Urso Bear Universe, based on the terms of a simple (non-exclusive) license, and the User is obliged to accept the entrusted right as prescribed by the terms of the Agreement.
3.3. The User can use the Mobile application, Audio courses (Audio materials) and Urso Bear Universe only within the limits and in the manner prescribed by the Agreement. Any right that was not explicitly specified in the Agreement is not considered to be granted to the User.
3.4. Functionality of the Mobile application: giving the User the opportunity to learn the conditions and procedure for obtaining access to (right to use) the Audio courses (Audio materials) and interact with the Urso Bear Universe.
3.5. Information about the cost of access to the Audio courses, their descriptions, and the number and structure of Audio materials in a specific Audio course is indicated in the Mobile application, along with other types of information.
3.6. The User has the right to use the Mobile application, Audio courses (Audio materials) and interact with the Urso Bear Universe without territorial restrictions (all over the world).
4.1. The User is obliged not to use any devices and (or) computer programs (scripts) to interfere with the normal functioning of the Mobile application.
4.2. The Copyright holder has the right to suspend or terminate the User's access to the Mobile application if there is a reasonable belief that the User is involved in illegal activities and (or) violates the terms of this Agreement.
4.3. The User is obliged to immediately inform the Copyright holder about unlawful use of the Mobile application by third parties if that fact became known to the User.
4.4. The Copyright holder has the right to suspend the operation of the Mobile application or its individual components for technical maintenance.
5.1. Exclusive rights to the Mobile application, Audio courses (Audio materials) and Urso Bear Universe, as well as their components and elements, belong to the Copyright holder. Alienation (sale) of exclusive rights is not the subject of the Agreement.
5.2. Under the Agreement, the Copyright holder grants the User the right to use under the terms of a simple (non-exclusive) license:
5.2.1. Mobile application in the following ways:
5.2.1.1. Use for its direct functionality;
5.2.1.2. Downloading and installing on the User's personal mobile device;
5.2.1.3. Downloading and installing updates (new versions) of the Mobile application;
5.2.1.4. Removing the Mobile application from the User's mobile device.
5.2.2. Audio courses (Audio materials) in the following ways:
5.2.2.1. Private listening exclusively, that is, listening of the Audio materials that are part of the Audio course on a personal level by the User through the Mobile application from the User's personal mobile device.
5.3. The use of the Mobile application, Audio courses (Audio materials) and Urso Bear Universe, by the User in other ways than those specified in Clause 5.2 of the Agreement is strictly prohibited. The use of the Mobile application and Audio courses (Audio materials) for commercial or other purposes is also prohibited.
5.4. The right to use the Mobile application is transferred to the User, and the User accepts the right to use the Mobile application at the time of the conclusion of the Agreement. The right to use the Mobile application is granted for the entire period of the validity of exclusive rights and is calculated from the moment the Agreement was entered into by the User.
5.5. Reports on the use of rights to the Mobile application and Audio courses (Audio materials) by the User are not provided to the Copyright holder.
6.1. The following payment amount is established under the Agreement:
6.1.1. No payment to the Copyright holder is required for granting the right to use the Mobile application.
7.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with the Agreement and the legislation of the United States.
7.2. The Copyright holder is not responsible for:
7.2.1. The compliance of the Mobile application, Audio courses (Audio materials) and Urso Bear Universe with the purposes of use;
7.2.2. Technical malfunctions of the Mobile application, while being obliged to take reasonable measures to prevent such malfunctions.
7.3. The Copyright holder is not responsible for possible losses incurred to the User in the event that the User loses access to the Internet.
7.4. Any information that the User obtains under the Agreement, including the information in the Audio courses (Audio materials), is given to the User at their own risk, and the User is solely responsible for the possible consequences of using this information, including for any damage caused to themselves and (or) third parties.
7.5. The use of the Mobile application, Audio courses (Audio materials) and Urso Bear Universe in a manner that is not covered by the Agreement, after the termination of this Agreement, or otherwise beyond the rights granted to the User under the Agreement, entails liability for violation of exclusive rights in the forms determined by law.
8.1. Disputes and disagreements that may arise during the execution of this Agreement will be resolved through negotiations between the Parties, if possible. If not possible, disputes will be resolved in court.
8.2. The procedure for the pre-trial settlement of disputes about the Agreement is mandatory for both Parties. The letters of claim from the Parties are to be sent by courier or registered mail with a delivery notice of the letter to the addressee at the location of the Parties.Other ways of sending the letters of claim by the Parties are not allowed. The letter of claim must be considered within 30 (thirty) working days from the date of receipt of the letter by the addressee.
9.1. In the event that any of the provisions of this Agreement becomes invalid by law, it will be considered excluded from this Agreement, and the remaining provisions of this Agreement will remain in effect.
9.2. The Copyright holder has the right to amend the terms of the Offer (Agreement) unilaterally at any time. These changes come into effect from the moment of their publication.
9.3. This Agreement may be terminated by mutual agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds of the legislation of the United States. After termination of the Agreement, all rights to use the Mobile applications, Audio courses (Audio materials) and Urso Bear Universe are canceled, and the User is obliged to stop any use and remove the Mobile application from their mobile device immediately.
9.4. The parties do not have any accompanying verbal agreements. The content of this Agreement is fully consistent with the actual will of the Parties.
9.5. Everything else that is not provided by the Agreement for the Parties is guided by the current legislation of the United States.
Copyright holder: PRAKTIKA, INC.
EIN 87-3267429
Legal address: 7308 E Independence Blvd, Ste C V150, Charlotte, NC 28227
E-mail: hi@praktika.app