Meta Meditation service User Agreement
Current as of October 12, 2022
The terms applied in the current Policy shall have the following definitions:
Meta Meditation service (hereinafter – Service) – an Internet resource that is a collection of information and intellectual property objects contained in an information system (including but not limited to computer program, database, graphical interface design and other means) access to which is provided from various user devices connected to the Internet by the means of Mobile applications.
Mobile Application – software for portable (mobile) devices installed or downloaded by the User to such devices using various software platforms, designed to access the Meta Meditation service.
User – an individual or legal entity that accepts the terms of this Agreement, having full legal capacity, and possessing his own mobile device with a mobile device phone number assigned to it.
Generated Password – a unique sequence of characters sent by the Service to the User in the form of an SMS to the mobile telephone number or the e-mail address used to access the user account of the Userin the Mobile Application. A Generated Password has the nature of an access password and in combination with the Login Name (mobile telephone number, e-mail, login that is generated by the User) is the equivalent of the handwritten signature of the User, confirming that the User is the sole originator of the activities executed using the Login Name and the Generated Password.
Push notification – a message displayed on the screen of the Mobile Device of the Client registered in the information system of the Service, transferred from the server of the Service to the Meta Meditation Mobile Application installed on the User's mobile device.
SMS – a short text message sent to the contact number of the User. SMS may be sent by the Service for information purposes.
Operator – a state body, a municipal body, a legal entity or an individual, independently or jointly with other legal entities organizing and (or) processing personal data, as well as determining the purposes of processing personal data, the composition of personal data to be processed, actions (operations) performed with personal data, including collection, recording, systematization, accumulation, storage, update and alteration, extraction, use, transfer (distribution, presentation, providing access), depersonalization, blocking, deleting and destruction of personal data. The processing of Personal Data can be carried out by the Operator in both automated and non-automated ways.
Trans-border transfer of personal data — transfer of personal data to a foreign territory, foreign government body, to a foreign individual or a foreign legal entity located in a foreign territory
Personal data destruction — actions making it impossible to restore personal data volume in the personal data information system and/or resulting in the elimination of tangible media.
Personal data – any information that the User independently provides
upon registration or authorization, as well as during further use of the Mobile Application.
Personal data information system — a set of personal data included into personal data databases, as well as the software and tools used for their processing
Personal data depersonalization — actions making it impossible to identify personal data as related to a certain data subject without involving additional information
Personal data processing — any action (operation) or a series of actions (operations) performed towards personal data with or without use of the software, including collection, recording, systematization, accumulation, storage, update and alteration, extraction, use, transfer (distribution, presentation, providing access), depersonalization, blocking, deleting and destruction of personal data.
User Account – a personal section of the Application to which the User gets access after registration and/or authorization on the Application. The User Account is intended for storing the User's personal data, as well as viewing and managing the available functionality of the Application and the corresponding terms of use of the Application.
Registration – a set of actions, including the provision of credentials and other information. performed by the User in order to set up a User Account. By completing the process of Registration, the User confirms his/her compliance with the requirements for the User set out in the User Agreement and this Policy.
Identification data – login and password, as well as other data (access codes, and other data), the introduction of which by the User allows for the identifcation of the User. The procedure for assigning and (or) obtaining identification data is specified in the User Agreement.
1. General provisions
1.1 This User Agreement (hereinafter – the "Agreement") regulates the relationship between the Administration of the Meta Meditation Service (hereinafter – the "Service") and a capable individual who has duly joined this Agreement for the use of the mobile application (hereinafter - the "User")
1.2 Installation of the Application on the user's mobile device is a complete and unconditional acceptance of this Agreement and confirmation of the user's consent to its terms and incurs the conclusion of the Agreement on the use of the Application under the terms of this User Agreement with regard to the service for IOS and Android mobile operating systems (hereinafter – “Agreement” and “User Agreement” respectively, with a link to the Agreement defined as a link to the corresponding paragraph of this “User Agreement”). The territory of this Agreement shall be the entire world. The User shall bear the risk of non-fulfillment of this obligation in full, including the User undertakes to reimburse the Service for all costs in full (including penalties, compensation payments, fines, etc.) incurred by the Service in relation to the User's non-fulfillment of this obligation.
1.3 This Agreement is an open and publicly available document. The current version of the Agreement is located on the Internet at: https://META-MEDITATION.RU/
1.4 By registrating in the Service the User accepts the terms of this Agreement and confirms his/her consent to such terms.
1.5 . Appeals, proposals and claims of individuals and legal entities to the Administration of the Service relating to the content and functioning of the Applications, violations of the rights and interests of third parties, requirements of the legislation of the Russian Federation, as well as for requests of persons authorized by the legislation of the Russian Federation can be sent to the following e-mail address: infometamed@yandex.ru
1.6 This Agreement is drawn up in accordance with the legislation of the Russian Federation. Issues not regulated by this Agreement shall be settled in accordance with the legislation of the Russian Federation.
2. Rights and obligations of the User
2.1 The User undertakes to properly comply with the terms of this Agreement.
2.2 The User personally bears full responsibility for the information distributed by him.
2.3 When registering in the Service, the User undertakes to provide truthful and up-to-date information about himself/herself.
2.4 The User undertakes not to use the Application in violation of the rights and legitimate interests of the right holders, the Administration of the Service, third parties, this Agreement and the legislation of the Russian Federation.
2.5 The User undertakes not to mislead other Users and third parties by using the Application.
2.6 The Users assumes all the risks associated with their actions related to errors and inaccuracies in terms of provided data, including when entering identification data in the process of using the functionality of the Service.
2.7 The User is obliged to independently ensure the non-disclosure (secrecy) of the data stored in the User Account, and shall be liable for responsibility for their disclosure in any way, including all risks and losses incurred in connection therewith. Disclosure of User Account data is a material breach of this Agreement.
2.8 The User is responsible for all actions taken under their Account and using their username and password, as well as for all actions taken from their Mobile Device on which the Application is used. The User undertakes to immediately notify the Administration of any security breach or unauthorized access to the Account. If the User fails to fulfill this obligation, the User is solely and fully responsible for the actions taken under his Account. At the User's request the User Account may be technically blocked.
2.9 The User is prohibited from taking the following actions without the prior written consent of the Service Administration:
· grant the rights to the Mobile Application to any third parties in any way;
· modify, create similar software independently or with the help of third parties, fully or partially, improve, translate into other languages, perform engineering analysis, including in order to reproduce, decompile, reverse-assemble, decode, perform emulation, violate the integrity of the security system, restore or attempt to restore the source code or protocols of the Mobile Application or any of its parts or Functionality;
· delete, hide and modify notices of the exclusive rights of the Company available in the Mobile Application;
· reproduce design elements or user interface of the Mobile Application independently or with the help of third parties, as well as use the Mobile Application, any of its parts or Functionality as part of commercial products, services or offers;
2.10 The User is not entitled to reproduce, repeat and copy, sell or use for any commercial purposes any parts of Applications or access to them, except when the User has received such permission from the Company.
2.11 The User undertakes not to use automatic and other programs to gain access to the Meta Meditation Service without the written permission of the Service Administration. Without the permission of Service Administrations, any materials or information (including phone numbers, texts of the posts, photographs, etc.) can not be used, distributed, copied and / or extracted from the Site manually or automatically (using software).
2.12 The User undertakes to independently monitor the relevance of this User Agreement, the content of which may changed/supplemented. The risk of untimely familiarization with the terms of the User Agreement lies solely with the User. Versions (Releases) of the Application can be updated. The User undertakes to independently monitor versions (Releases) of the Application and install updated versions (Releases) of the Application on his Mobile device. The incorrect operation of the Application and other adverse effects resulting from the obsolete version of the Application installed on the User's mobile device are the responsibility of the User.
2.13 By agreeing to the terms of this Agreement, the User confirms his legal capacity, confirms the accuracy of his data and assumes full responsibility for their accuracy, completeness and reliability.
2.14 Before using the Application, the User is required to activate it by completing the Registration procedure with entering of his mobile phone number in the Application. During the registration procedure, the User will receive an access code to the specified Mobile Phone number, which the User should insert in the relevant Application text box. If the access code matches the access code previously sent to the Mobile Phone number specified by the User, after the User correctly enters his SMS password, Registration is considered completed, and the User has the right to use the Application according to its intended purpose.
2.15 The User agrees and acknowledges that he uses the Service solely at his own risk: that implies that the Products of the Service, including materials and information, are provided "as is", without guarantees of any kind.
2.16 The User undertakes not to use the Application in violation of the rights and legitimate interests of third parties, subscribers of telecom network operators and the legislation of the Russian Federation, including:
2.16.1. not to post through the Application materials containing insults, defamation, obscene language, pornographic or other materials contrary to moral norms; materials showing or propagandizing cruelty, terror or violence that offend human dignity, as well as other materials that do not comply with the law Russian Federation or links to websites and other resources containing such materials.
2.16.2. do not post any information and materials that contain threats, discredit or offend other Users or third parties, wear fraudulent, infringe on personal or public interests, propagandize racial, religious, ethnic hatred or enmity, and any other information that violates the protected by the legislation of the Russian Federation of Human and Citizen Rights.
2.16.3. not carry out propaganda or agitation inciting social, racial, national or religious hatred and enmity, hatred of persons of non-standard sexual orientation, propaganda of war, social, racial, national, religious or linguistic superiority.
2.16.4. not describe or promote criminal activity, not post instructions or guidelines for the commission of criminal acts.
2.16.5. not post or transmit through the Application any restricted information (confidential information), if The user is not authorized to perform these actions.
2.16.6. not to distribute spam through the Application, chain messages (messages requiring their transmission to one or more users), pyramid schemes or calls to participate in them, as well as any other intrusive information.
2.16.7. do not post messages through the Application, graphic images, photographs or other materials, the placement of which puts or can damage honor, dignity
2.16.8. not post personal data through the Application, including including home addresses, telephone numbers, e-mail addresses, passport data and other personal information of other Users or other persons without them prior consent.
2.16.9. do not post results through the Application intellectual activities, which include musical works with or without text, literary works, works painting, graphics, design, audiovisual works, computer programs, photographic works, phonograms, performances recorded in phonograms, other similar objects of copyright and related rights that may be represented in an interactive form (hereinafter - the "Content"), the rights to use which similar in a way that the User does not have
2.16.10. do not post in the Application Content containing images individuals, without their prior consent, except in cases where stipulated by the legislation of the Russian Federation.
3. Rights and obligations of the Service Administration
3.1 The Service Administration has the right to send the User information about the operation of the Application in any way, including placing advertising, informational and other messages inside the Application.
3.2 The Service Administration has the right to edit or delete any materials if they do not comply with the requirements of the current legislation of the Russian Federation and the terms of this Agreement, and/or present potential harm to the Service or third parties.
3.3 The Service Administration has the right to transfer the rights and duties under this Agreement to third parties for execution of this Agreement without an additional consent of the User.
3.4 The Service Administration is not responsible for for any errors, omissions, interruptions, deletion, defects, delay in processing or data transmission, failure communication lines, theft, destruction or unauthorized access to materials users posted in the Application or anywhere else.
3.5. The Service is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures email services or scripts for technical reasons.
3.6. The Service is not responsible for any damage to the computer of the User or other person, mobile devices, any other equipment or software caused by or associated with downloading materials from the Application or via the links provided in the Application.
3.7. Under no circumstances will the Service or its representatives bear liability to the User or to any third parties for any consequential, incidental, unintentional damage, including loss of profits or lost data, damage to honor, dignity or business reputation caused by communication with the use of the Application, the content of the Application or other materials, to to whom you or others have access using the Application, even if the administration warned or pointed out the possibility of such harm.
3.8 The Service Administration has the right to collect and use technical data and related information, including, but not limited to, technical data on external devices, as well as on the software of the User's mobile device, system and application. This information is collected periodically and aims to simplify the provision of software updates, technical support and services (if any) related to the Application to the User. The Service Administration has the right to use this information (provided that it is impossible to establish the identity of the User) in order to improve its products or provide its services and technologies. The Service Administration may collect the following data: information about the User's mobile device (model, operating system and its version); IP address, cookies, parameters.
3.9 The Administration has the right to process the User's personal data and transfer it to third parties for the purpose of executing this Agreement and resolving claims related to the execution of this Agreement.
3.10 By agreeing to this User Agreement, the User provides his informed, explicit and equivocal consent to participate in promotional, advertising, marketing and other activities aimed at promoting the services of the Service, partners and other third parties. The Administration of the Service has the right to send the User information in the form of PUSH notifications about the functioning of the Application, as well as to send its own or any third parties informational, advertising or other communications, or to place relevant information, including advertising information in the Application. The User can refuse to receive notifications in the Application by disabling the appropriate function in the settings of his Mobile Device.
3.11 The Service Administration has the right to provide paid and free services to Users. The Service Administration informs the User about the conditions for the provision of paid services by posting relevant information about the service in the Application or on the website (name of the service, its cost, form and procedure for payment).
3.12 The Service Administration has the right to block the User’s access to the Application in case of violations by the User of the terms of this Agreement.
3.13 The Service Administration reserves the right to terminate this Agreement at any time for organizational or technical reasons unilaterally by deleting the Application from the User’s mobile device or by blocking the possibility of its use.
3.14 In order to prevent violation of the User Agreement and/or damage to the Company (such as DDoS attacks or other hacker attacks, unauthorized use of software by the Company, including for downloading various data from the Service, etc.), the Company has the right to restrict the access of Users or third-parties to the Meta Mediation service by blocking access to Service for the corresponding IP-address or ranges of IP-addresses.
3.15 The Service Administration is not responsible for the accuracy of information copied from other sources
3.16 The Service Administration is no way responsible for any discrepancy between the services expected by the User and the services actually received
3.17 The Service Administration is not responsible for the services provided by third parties
3.18 In the event of a force majeure situation (hostilities, state of emergency, natural disaster, etc.), the service Administration does not guarantee the safety of the information posted by the User, as well as the uninterrupted operation of the information resource
3.19 The application may contain links or provide access to other sites on the Internet (third party sites) and materials posted on these sites, resulting from the intellectual activity of third parties, are protected in accordance with the Russian law. The specified sites and the information placed on them are not checked by the Service Administration for compliance with the requirements of the legislation of the Russian Federation.
3.20 The Service Administration is not responsible for any information or Content posted on third-party websites that the User accesses through the Application, including, but not limited to, any opinions or statements expressed on third-party websites.
3.21 The User confirms that from the moment the User clicks on a link to a third party's website, the relationship between the Service Administration and the User is terminated, this Agreement does not further apply to the User and the Service Administration is not responsible for the accuracy of the information posted on third-party websites, the User's use of content, the legality of such use and the quality of content posted on third party sites.
3.22 The Service Administration does not promise or guarantee that the information obtained through the use of its Products will be correct, up-to-date or complete in all possible cases; the Products may contain technical inaccuracies and/or typographical errors.
3.23 The Service Administration does not make any representations or guarantees regarding the time frame of actions aimed at remediation /elimination of any problems and/or their consequences noted by Users.
3.24 Third parties that the Service Administration cooperates with in accordance with its agreements do not provide any explicit or implicit guarantees or conditions regarding the Products of the Service used by the User, are not responsible for lost profits, revenues or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages, if specific guarantees or conditions have not been provided to the User by the specified persons.
3.25 The Service Administration is not liable for:
● non-compliance of the Service Products with the User’s real goals;
● any damage related to the use of the Service Products;
● actions of other Users of the Service Products, including in case of non-compliance by Users with the terms of this Agreement and/or other legal documents;
● quality and / or timing of the provision of Products and Services;
● not providing services, information or any kind of property from other Users of the Service and/or third parties.
4. Final provisions
4.1 The Agreement shall be governed and construed in accordance with the laws of the Russian Federation and is applicable and valid for all Users. All issues not regulated by the Agreement are subject to resolution in accordance with the laws of the Russian Federation. The current version of the Agreement was developed by Operator on the
basis of the Federal law as of July 27, 2006 N 152-FZ "On Personal Data" (with changes and additions as of December 31, 2017)
4.2 Operator has the right to process personal data without notifying the authority responsible for protection of the rights of personal data subjects on the basis of the paragraphs 2, item 2, article 22 of the Federal law as of July 27, 2006 N 152-FZ "On personal data".
4.3 The Agreement can be unilaterally changed by Operator without prior notification of User. The new version of the Agreement comes into force from the moment it is posted in the Application. After making changes, the date of the last update is indicated in the current version.
4.4 In case of any disputes or disagreements related to the perfomance of this Agreement, the User and the Service Administration shall make every effort to resolve them through negotiations between them. If the disputes are not resolved through negotiations, the disputes shall be resolved in the relevant competent court in the manner prescribed by the applicable laws of the Russian Federation, the language of the court proceedings being Russian.
4.5 This Agreement comes into force for the User from the moment of installation of the Application on his mobile device and remains in force indefinitely.
4.6 This Agreement is written in English.
4.7 If any of the provisions of this Agreement are declared invalid or unenforceable for any reason, the invalidation shall not affect other provisions of this Agreement.
4.8 This Agreement has been concluded in accordance with the laws of the Russian Federation. Issues not regulated by the Agreement are subject to resolution in accordance with the laws of the Russian Federation.