Սմետիկ հավելվածի օգտագործման պայմանագիր

1. Terms and definitions

1.1.“User” — a legally capable individual who uses the Application.
1.2.“Personal data” — any information relating to a directly or indirectly identified or identifiable individual (personal data subject), within the meaning of Federal Law No. 152-FZ “On Personal Data”.
1.3.“Personal data processing” — any action or set of actions with personal data, including collection, recording, systematization, storage, use, transfer, and deletion.
1.4.“Personal data operator” — a person who, alone or jointly with others, organizes and/or carries out personal data processing and determines the purposes of processing and the composition of personal data.
1.5.“Server side” — infrastructure (hosting, API, database) that the User organizes and maintains independently when using synchronization.

2.1. This Agreement governs the relationship between the Developer and the User regarding use of the Application.
2.2. The Developer grants the User a free, simple (non-exclusive) license to use the Application for personal and professional purposes under this Agreement.
2.3. The Application is provided “as is”, without warranties of uninterrupted operation, compatibility with any hardware or software, or freedom from errors, except for warranties that cannot be excluded under Russian law.
2.4. The Application is a tool for local work with data. Storage and processing of data entered by the User take place on the User’s device and, if applicable, on a server side organized by the User.

3.1. The Application is distributed free of charge as a web version (including PWA) and as Android mobile builds via RuStore and other Android app stores. As of this version, the Application is not distributed via Google Play or the App Store.
3.2. By using the Application, the User confirms that they have read and accept this Agreement and the Privacy Policy.
3.3. On first launch, the User confirms acceptance of this Agreement and the Privacy Policy (including by checking the relevant boxes and continuing). Without confirmation, access to features may be limited.
3.4. The current Agreement is published on the Developer’s website. Amendments take effect upon publication. Continued use after publication means acceptance of the new version. Reconfirmation in the Application UI may be requested for material changes.

4.1. The User may use the Application for personal and professional purposes that do not violate the laws of the Russian Federation or this Agreement.
4.2. The User independently determines the purposes and manner of processing personal data (their own and clients’), including when exporting data, using calendars, and syncing with a server.
4.3. The User is fully responsible for:
- complying with personal data laws in the jurisdiction where processing actually occurs;
- securing data on the device and on any independently organized server;
- having their own privacy policy if required by law;
- obtaining consents from personal data subjects if required by law.
4.4. The User must not use the Application for unlawful acts, distributing malware, bypassing technical restrictions, or other acts that violate the law or third-party rights.
4.5. When using synchronization, the User independently organizes and maintains the server side. The Developer does not provide server capacity and is not responsible for its operation.

5.1. The Developer does not process and has no access to personal data or other information that the User enters and stores in the Application. Details are set out in the Privacy Policy.
5.2. The Developer may process limited categories of data when the User contacts the Developer and when using smetik.ru — to the extent and on the terms of the Privacy Policy.
5.3. Application data is stored locally on the User’s device (in localStorage and IndexedDB). The Developer has no access to this data.
5.4. Server sync and export to third-party calendars are User-initiated actions. The User is responsible for the security and lawfulness of such processing.
5.5. Third-party libraries in the Application do not, in the current configuration, collect the User’s personal data for the Developer. Transfers to third parties at the User’s initiative are governed by the Privacy Policy.

6.1. Exclusive rights to the Application, its interface, code, design, logos, and other elements belong to the Developer.
6.2. Copying code, distributing modified versions, and other acts that infringe the Developer’s exclusive rights are prohibited, except where expressly permitted by Russian law (including decompilation of a computer program to achieve interoperability under the conditions set by law).
6.3. Documents and other materials created by the User in the Application (contracts, estimates, acts, etc.) belong to the User; the Developer claims no rights in their content.

7.1. The Developer is not liable for:
- any losses arising from use of or inability to use the Application, to the extent permitted by Russian law;
- loss, damage, or unauthorized access to the User’s data on their device or server;
- errors, failures, or downtime of the Application;
- acts or omissions of third parties (including app stores, hosting providers, telecom operators, calendar services);
- possible legal violations by the User when processing personal data.
7.2. The Developer’s liability is limited in accordance with applicable Russian law. Nothing in this Agreement limits consumer rights that cannot be limited by agreement.

8.1. The Developer may amend this Agreement unilaterally by publishing a new version.
8.2. The current version of the Agreement is published at: https://smetik.ru/user-agreement
8.3. Amendments take effect upon publication. Continued use of the Application after publication means the User accepts the new version.
8.4. The User may stop using the Application at any time. The Developer may stop distributing the Application or particular distribution channels by publishing notice on the website.

9.1. Disputes arising from this Agreement shall be resolved through negotiations.
9.2. If no agreement is reached, disputes are resolved under the laws of the Russian Federation. Venue is determined by the rules of Russian law (including consumer protection rules, where applicable).
9.3. For questions related to the Application and this Agreement, the User may contact: legal@smetik.ru

10.1. If any provision of the Agreement becomes invalid, the remaining provisions remain in force.
10.2. In all matters not covered by this Agreement, the parties are guided by the laws of the Russian Federation. The Privacy Policy is an integral part of the terms of use of the Application.