USER AGREEMENT FOR USE

BE 5.CLUB

Attention! We strongly recommend that you read the text of this user agreement!

Registering an account in the prescribed manner, installing, launching or otherwise starting to use the Platform means your full acceptance of all the terms of this agreement and its proper conclusion in the manner prescribed by the applicable UAE law in the manner of accepting a public offer. Your failure to accept the terms of this user agreement in full entails the absence of rights to use the Platform for any purpose.

This agreement enters into force on April 01, 2022, 10:00 and is valid for all users who have concluded it from the specified time.

This user agreement (hereinafter referred to as the Agreement) is concluded between BeFive FZE LLC , a company incorporated under the laws of the United United Arab Emirates, registered in the United Arab Emirates (registration number 4719, address Bronze Package – A-28-01-01-11- Flamingo Villas , Ajman . ("Company") and you - the user ("User") and establishes the conditions for the use of the following intellectual property objects of the Platform that make up the Company's Software Complex:

- The Company's website www.be5.club :

- Personal account located on the official website of the Company on the Internet www.be5.club .

Any legally capable natural person who has reached the age of eighteen can act as a user under this agreement.

Basic terms:

The software package is a site on the Internet www.be5.club and also unique

software of corresponding functionality. (for users who are citizens or persons permanently residing in the countries of presence of be5.club , with the exception of the United States of America.

Personal Account - the User's account in the Software Package, a closed section of the Platform, intended for use only by the User personally.

User Account - a record stored in the corresponding computer program . containing the information necessary to identify the User when providing access to the Personal Account. Such a record includes, among other things, the User's login and password (or other similar means of authentication).

Registration fee - a one-time fee for the use of the Software Package, subject to payment of which, the Company provides access to the Personal Account with the functionality provided for the initial status of "User".

"Content" - the term is defined in Section 4 of this Agreement.

"User" - you, that is, an individual who is on the Platform at the moment.

"Applicable Law" - the term is defined in Section 8 of this Agreement.

"Platform" - the Be5.club software package owned by the Company and available at the Internet address: https://www.be5.club/

"Agreement" - this User Agreement concluded between the User and the Company.

"Balance" - a part of the Account, reflecting the balance of the Funds belonging to the User.

" Funds" - funds in electronic form, which belong to the User and are accounted for on his Balance.

" Invite " ( Invite ) is an invitation (link generated by be5.club platform).

1. General provisions of the Agreement.

All provisions of the Agreement apply both to the Software Package as a whole and to its individual components, including the Personal Account, as well as to their source code and other derivative parts.
The User's acceptance of this Agreement is considered to be provided to the Company upon the User's indication of his data when activating the Personal Account account in the Software Complex on the Company's website https://www.be5.club/
The fact of conclusion of the Agreement is recorded by the Company in electronic form and is stored in the Company's hardware and software complex. Extracts from the Company's hardware and software complex may be used as evidence in disputes, including in court.
The use of the Software Package is permitted only on the terms of this Agreement and the General Terms and Conditions be5.club , which are an annex to this Agreement and an integral part of it. If the User does not accept the terms of the Agreement and the General Terms and Conditions be5.club in full, he has no right to use the Software Package for any purpose. The use of the Software Package in violation (failure to comply) with any of the terms of the Agreement is prohibited.
The use of the Software Package is carried out on the terms determined by the Company in this Agreement and the General Terms and Conditions, as well as in other documents of the Company regulating the use of the Software Package and communicated by the Company to the User by posting at https://www.be5.club/ - Other use of the Software package is possible only on the basis of a separate agreement with the Company.
The Company has the right, on its own initiative, to refuse/revoke its consent to conclude this Agreement to a person who does not meet the requirements of applicable law, as well as this Agreement, which has expressed its intention to conclude this Agreement, at any time, including the period after the registration of the Personal Account account by the User.
In the event of any conflict between the provisions of this Agreement and the information provided in the Software Package, the provisions of the Software Package shall prevail.

2. Terms of use of the Software package.

The Company grants the User a non-exclusive, non-transferable right (a simple non-exclusive agreement) to use the Software Package for its direct functional purpose (use of the object "as is"), in accordance with the requirements of this Agreement, the General Terms and Conditions of be5.club and other guidelines binding on compliance by Users. The right to use the Software Package is granted by the Company by providing the User with access, not limited by time frames, to the use of the functionality of the Software Package.

2.2. The main functional purpose of the Software Complex is the organization and control of the User's participation in the Company's marketing activities, including the organization and control of the User's participation in the sale of the Company's products (including the results of intellectual activity) to third parties.

The list of specific functions and services of the Personal Account available to the User for use is determined by the paid Registration Fee. The general basic functions of the Software Package include, in particular, but not limited to:
The function of tracking one's own activity in the process of participating in the Company's marketing activities, including the activity of the User's participation in the sale of the Company's products (including the results of intellectual activity) to third parties;
The function of obtaining information about one's status, qualifications and balance on the account in the Personal Account of the Software Complex:
The function of inviting potential Users through the use of Invites ;
The function of managing the balance of the Personal Account;
The function of editing your own profile in the Software package:
The function of communication with the support service of the Software Complex in case of any questions;

- The function of informing the User about changes to the Agreement, General Terms and Conditions.

The use of the Software Complex is carried out by the User in the manner prescribed by this Agreement and the General Terms and Conditions.
The use of the Software Complex is available only to capable persons who have reached the age of 18. The Company does not verify the accuracy of personal information that characterizes legal capacity. The Company proceeds from the fact that the User provides reliable and sufficient personal information about himself, his legal capacity and his legal status, and also keeps this information up to date.
In relation to Users, in cases where the legislation of the country of residence of the User requires the registration of the User as a business entity in order to use the functionality of the Software Complex for the purpose of extracting commercial benefits, the User, in accordance with the applicable law, undertakes to take measures to acquire the legal status of an entrepreneur in order to legally carry out business activities through use of the functions of the Software package. The Company does not verify the acquisition by the User of the legal status of an entrepreneur and is not able to assess its legal status in this part. The Company proceeds from the fact that the User fulfills in good faith the requirements of the applicable legislation for the relevant tax regime.
Within the limits of the functionality of the Software Complex fixed in clause 2.3 of the Agreement. The Company independently determines the methods and forms of its technical (software) implementation in accordance with the direct technical implementation of the relevant functions on the Company's Website/Personal Account. The corresponding technical implementation of the functions becomes mandatory for the Parties to this Agreement from the moment of inclusion / exclusion / modification of specific functionality of the Software Complex directly in the corresponding computer program (Company Website / Personal Account).
The software package must be used, distributed under the name " BE 5 CLUB ." In some cases, directly determined by the Company, the Software Package may be provided to the User under other names.
Regardless of the name under which the User was granted access to the Software Package, the User is not entitled to change and / or delete the used name of the Software Package, copyright protection signs ( copyright notice ) and other intellectual/industrial property rights, as well as other references to the Company.
Except as expressly provided in this Agreement or applicable law. The User does not have the right to carry out and / or allow the following actions in relation to the Software Package:
obtaining access to the Software Package using any technology or means other than the means that the Company has specifically provided for the specified purpose;
interference with any security-related protective measures of the Software Suite that prevent or restrict the use of the Software Suite in ways determined by the Company;
carrying out actions aimed at destabilizing the functioning of the Software Complex, attempting unauthorized access to the management of the Software Complex or its closed sections, as well as carrying out any other actions that can be regarded as a network attack;
processing or modification of the Software Package;
modification, decompilation, disassembly, decryption and other actions with the object code of the Software Package, aimed at violating the system of protection of the Software Package from unauthorized use and obtaining information about the implementation of the algorithms used in the Software Package, as well as creating derivative works without the written consent of the Company;
performance of any actions that restrict or hinder the exercise of the rights of other users of the Software Complex:
performance of any actions that may lead to a violation or failure of the Software Package;
other use of the Software Package not expressly provided for by this Agreement.
The User is solely responsible for compliance with any applicable laws when using the Software Package, including both the laws of the UAE and the laws of the country of his residence or the laws of the country of residence of the User or the place where he performed legally significant actions related to the use of the Software Package. If the use by the User of any opportunity provided by the Software Complex violates the applicable legislation in a particular case, the User undertakes to refrain from using the Software Complex.
When using the functions of the Software Complex, the User undertakes not to violate the rights of the Company and other persons.
The use of the Website/Personal Account within the framework of this Agreement is intended for the purposes aimed at deriving commercial benefits from participation in the Company's marketing policy, including from the sale of the Company's products (including the results of intellectual activity) to third parties. The extraction of commercial benefits determines the entrepreneurial nature of the relationship between the Company and the User in this part and does not imply the use of the Website/Personal Account solely for personal, family, home and other similar needs.
The User using the Software Complex undertakes to comply, in addition to this Agreement, also with other regulatory provisions approved by the Company (including requirements for the User's participation in the Company's marketing activities).
The Company makes payments to Users in the form of amounts to which the Users are entitled due to their participation in the Company's marketing activities.
As part of the receipt of payments provided for in clause 2.15 of the Agreement, the User is solely responsible for paying taxes, fees, duties and other types of mandatory payments provided for by the legislation of the country of which the User is a resident.

3. Account (Account) of the Personal Cabinet.

3.1 The use of the Software Complex is carried out by the User through his Personal Account account, activated in accordance with this Agreement. When activating your Personal Account account. The User is obliged to provide complete and accurate information requested by the Company.

3.2. Activation of the account of the Personal Account in the manner prescribed by this section is an acceptance of this offer of the Company.

3.3 The User is obliged to ensure the secure storage of the password of the Personal Account and is fully responsible to the Company and other persons for any actions performed from the account of the Personal Account activated by him.

The User is obliged to immediately notify the Company of any violation of the security of his login, password for access to the Personal Account or any unauthorized use of his Personal Account.

Unless the User proves otherwise, any actions performed using his login and password prior to the notification of the Company provided for in this clause are considered to be committed by the User.

The Company reserves the right to restrict the User's access to the Software Package or completely block the User's account in case of violation by the latter of the conditions provided for in clauses 3.1, 3.3 of the Agreement, or to take other measures against the User in order to comply with the requirements of this Agreement, applicable law or rights and legitimate interests third parties.
The User is prohibited from having more than one activated account of the Personal Cabinet. The User undertakes not to acquire or re-register the Personal Accounts of other Users without the consent of the Company. Personal accounts of Users that violate the requirement provided for in this paragraph shall be subject to deletion by the Company, and this Agreement in relation to later accounts shall be terminated.
In cases of universal succession of the User (in particular, due to his death and opening of an inheritance), his Personal Account may be transferred to his successors (in particular, heirs). In this case, the Company must be provided with relevant legal documents to ensure the correctness of the transfer of the Personal Account. The successor (in particular, the heir) acquires the rights to the entire functionality of the Personal Account, as well as to the entire scope of rights and obligations that were available to the successor in case he complies with the terms of this Agreement and the requirements of other provisions approved by the Company and binding on Users.
In order to transfer the Personal Account by succession (inheritance), the successor is obliged to provide the Company with the following documents :
the original death certificate of the predecessor or any other document that is necessary to confirm the succession under applicable law;
a notarized copy of the will or other document certifying the successor's right to the Personal Account;
The Company, for purposes related solely to the execution of this Agreement (in particular, for organizing the functioning and technical support of the Personal Account), has the right to access the User's Personal Account.

4. Content Requirements.

If the relevant functionality is implemented in the computer programs of the Software Complex, the User has the right, through the Software Complex, to place, upload, distribute, transfer, search for information, in particular text files, data files or other digital materials (hereinafter referred to as the "Content"),
When placing, downloading, distributing, transferring, searching, receiving Content through the Software Package, the User undertakes not to violate the rights of the Company and other persons.
The User is solely responsible for compliance with the placement, uploading, distribution, transfer, search, receipt of Content through the Software Complex of any applicable law, including both the laws of the United Arab Emirates and the legislation of the place of residence of the User or the place where he committed legally significant actions related to the use of the Software Complex .
If the Company becomes aware of a possible violation of the terms of this Agreement in terms of this section, the Company reserves the right (but is not liable) to decide on the compliance of the Content with the requirements set forth in this Agreement, as well as on the removal of such disputed Content and / or termination of access the User to use the Software Package at any time, followed by a reasoned notification of the User about the specified fact.
Subject to the provisions of this section of the Agreement, the User undertakes not to post, upload, transfer or distribute Content through the Software Package with the following content:
that is illegal, harmful, harmful, threatening, abusive, defamatory, defamatory, contrary to generally accepted moral standards, rude, vulgar, obscene, fraudulent, infringing on personal or public interests, slanderous, aggressive towards personal information (including, ( but not limited to, mentioning any addresses, e-mail, phone numbers or any other personal contact information without the written permission of the owner), hostile, pornographic (or hypertext links to Internet sites containing such materials), hateful or inciting racial, ethnic or national strife or in any other way unlawful;
capable of harming minors in any way;
promoting or containing calls for inciting religious, racial or ethnic hatred, containing attempts to incite hatred or calls for violence;
advertising any goods or services of other economic entities (unless otherwise expressly provided for in this Agreement), including those engaged in activities that compete with the Company without obtaining the prior written consent of the Company.

5. Paid (paid) use of the Software Package and Return Policy.

The use of the Software Complex is carried out on a reimbursable basis, that is, for a fee.
The cost, procedure for using the Software Package, as well as the terms of payment for the cost of using the Software Package are established by the Company independently and brought to the attention of the User by posting the specified information in the User's Personal Account.
The cost of using the Software Complex in the form of the Registration Fee, as well as the cost of being on the Platform, can be changed by the Company in the manner regulated by clauses . 7.1-7.2.1 of this Agreement. In the event of a one-time or permanent reduction in the cost of using the Software Package, the difference in the cost of the previously paid use of the Software Package will not be refunded.
Payment for the cost of using the Software Complex is made by the User on the terms of prepayment in a non-cash manner by methods brought to the attention of the User. The User understands and agrees that the procedure and methods of payment may, among other things, contain additional requirements established by third parties (payment operators). The User undertakes to read and agree to such requirements before choosing any payment method.
When converting payments from one currency to another, the User applies the rate of international payment systems, if necessary.
The Company has the right to cancel and add payment methods unilaterally, regulated by clauses . 7.1-7.2.1 of this Agreement.
As part of the payment for the cost of using the Software Package, the User is responsible for paying taxes, fees, duties and other types of mandatory payments provided for by the legislation of the country of which the User is a resident, in case of obligation to pay them.
The receipt of the amount of payment for the use of the Software Complex to the Company's account is the basis for granting the right to use the Software Complex within the functionality of the corresponding status of "User", while the Company reserves the right to grant the right to use the Software Complex until the moment it receives funds. The Company is considered to have fulfilled its obligations at the time of granting access to the User to use the Software Package.
The Company establishes a trial period for using the Software Package equal to 48 (forty eight) hours from the date of payment of the registration fee. During the trial period, the User has the right to declare a withdrawal from the User Agreement. At the end of the trial period, all purchases of the Company's products made by the User during the trial period are considered automatically accepted and confirmed by the User.
Taking into account the fact that the User pays for the unlimited right to use the Software Complex provided by the Company, and also taking into account the entrepreneurial nature of the relationship between the Company and the User. The Parties agree that at the end of the trial period, payment for the use of the Software Package is considered final, and no refunds or cancellations of transactions are allowed.
Cancellation of registration is carried out by sending an application for a refund through the User's Personal Account within 48 (forty-eight) hours from the date of payment of the registration fee. Simultaneously with the return of the registration fee, the User is refunded the cost of all purchases made in the Software Complex before the return application.
The registration fee and the cost of canceled purchases are refunded in the same way that the payment was made, withholding transaction fees, if applicable for the payment method used.
Upon cancellation of registration by the User, this agreement is considered canceled, the functionality of the Personal Account, with the exception of the functionality for managing the Balance of the Personal Account, is deactivated without the possibility of reactivation within six months from the date of deactivation .
Termination of the Agreement in accordance with clause 7.4 of the Agreement is not a basis for returning to the User the paid cost of using the Software Package or a part of the specified amount.
The User can replenish his Balance by logging into the Personal Account of the Platform and following the appropriate instructions for replenishing the Balance. Currently available methods of replenishing the Balance are presented on the Platform.
Services for replenishing the Balance and withdrawing funds are payment services provided by third parties and are not part of the Software Package.
Replenishment of the Balance is carried out in the manner prescribed by the Agreement, the Internal Policy, the policy of third parties that provide services, and applicable law.
The Company has the right to limit the list of methods for replenishing the Balance for certain categories of Users, depending on the degree of risk of the User's activities and/or transactions.
When replenishing the Balance by third parties, the User has all the rights and obligations in relation to the Funds credited to the Balance. Such operations performed by third parties are assessed by the Parties as performed in the interests of the User
For security purposes, the Company sets limits for replenishing the Balance. The specified limits are displayed on the Balance page.
Depending on the method of replenishment, third parties may charge additional fees for replenishing the Balance.
The transfer of Funds is carried out on the basis of the User's order, completed electronically using the Balance section.
The Company, when accepting an instruction to transfer Funds from the User, identifies the User using the Authorization Data. In some cases, the Company has the right to require additional identification procedures to be completed before executing a Payment receipt.

6 . Privacy Policy.

Any personal information specified or reported by the User to the Company when using the Software Package is stored and processed by the Company in accordance with this Privacy Policy. The specified personal information may also be stored and processed by authorized persons of the Company, and the User hereby consents to the transfer of his personal information to such persons.
The use of the Software Package means the User's unconditional consent to this Policy and the conditions for processing his personal information specified therein. In case of disagreement with these conditions, the User must refrain from using the Software Package.
By accepting the terms of the Agreement, the User provides consent to the Company, as well as persons authorized by the Company, to process, use and cross-border transfer of their personal data in order to fulfill the Agreement without limiting the validity of such consent.
When processing personal data of Users, the Company is guided by
Applicable data privacy law.
Within the framework of this Policy, "User's personal information" means:
Personal information that the User provides about himself independently when registering (creating a Personal Account) or in the process of using the Software Package, including the User's personal data.
Data that is automatically transmitted to the Company in the course of their use with the help of the software installed on the User's device, including IP address, data of cookies files i e . information about the User's browser (or other program that accesses the Software Package, technical characteristics of the hardware and software used by the User, the date and time of access to the Software Package, the addresses of the requested pages and other similar information.The Company uses " cook i e - files ." small text files. Cookies i e -files are stored on the computer's hard drive and exchange data with the Company's servers only when the User visits the Software Complex. This allows the Company to track aggregate indicators (total number of visitors, number of pages viewed). in more likely adapted to receive Cook i e - files. However, the User may disable Cookies and e - files in his browser settings. The user must understand that the prohibition of Cook i e - files can lead to certain malfunctions.
Other information about the User, the processing of which is provided in connection with
using individual functions of the software package.
This Policy applies only to information processed in the course of using the Software Package. The Company does not control and is not responsible for the processing of information by third party websites.
The Company collects and stores only that personal information that is necessary for the operation of the Software Complex, as well as the execution of this Agreement, except in cases where the law provides for the mandatory storage of personal information for a period specified by law.
's personal information for the following purposes: Identification of the User when using the Software Package;
Providing the User with personalized functions and the execution of this Agreement;
Communication with the User, including sending notifications, requests and information,
concerning the use of the Software Package, the execution of the Agreement, as well as the processing of requests and applications from the User ;
Improving the quality of use of the Software Complex, the convenience of their use, the development of new functions;
- Conducting statistical and other research based on depersonalized data.
With regard to the User's personal information, its confidentiality is maintained, except in cases where the User voluntarily provides information about himself for general access to an unlimited circle of persons, as well as in other cases provided for by applicable law.
The Company has the right to transfer the User's personal information to third parties in
the following cases :
- The user has agreed to such actions;
- The transfer is necessary for the User to use certain functions of the Software Package or for other fulfillment of the terms of this Agreement;
The transfer is subject to UAE law or other applicable
legislation within the established procedure:
The transfer occurs as part of the sale or other transfer of the business (in whole or in part), while the acquirer transfers all obligations to comply with the terms of this Policy in relation to the personal information received by him;
In order to ensure the possibility of protecting the rights and legitimate interests of the Company or third parties in cases where the User violates the terms of this Agreement.
When using the Company's Software Complex in automatic mode
the technical and statistical information necessary for the functioning of the Software Complex is transmitted.
The Company has the right to dispose of statistical information related to the operation of the Software Complex to ensure targeted display of advertising information to the target audience of the Company.

7. Modification and termination of the Agreement

Amendments and/or additions to the User Agreement are made in accordance with the laws of the UAE. The Company has the right, on its own initiative, to make changes and / or additions to the terms of this Agreement by posting publicly the changes and / or additions at least 2 (two) calendar days before the date of their entry into force.
The public placement of changes and/or additions to the terms of this Agreement means the publication by the Company of information that makes it possible for Users to familiarize themselves with this information, including in the form of posting information on the official website of the Company www.be5.club . The moment of public placement of changes and / or additions to the terms of this Agreement is the moment of its publication on the official website of the Company.
The current version of the Agreement is always located on the official website of the Company at: https://www.be5.club/ . In order to ensure the guaranteed receipt by the User of information about the current version of the current Agreement, the User undertakes to check at least once every 2 (two) calendar days on the official website of the Company https://www.be5.club/ information about changes and additions that are planned to be made to the User Agreement.
7.2.1 The Company is not liable for possible losses of the User caused by the User's ignorance, if the Company has properly fulfilled its obligations for the preliminary disclosure of information about changes and / or additions to the Agreement.
In the event that the Company has made any changes to these terms in the manner provided for in this paragraph, with which the User does not agree, he is obliged to stop using the Software Package.
The new version of the Agreement is considered modified after 2 (two) calendar days after its publication in the manner provided for in clause 7.1. of the Agreement, provided that during this period the Company does not receive a notice from the User about the termination (refusal to change) the Agreement.
This Agreement may terminate:
At any time after the expiration of the trial period, at the initiative of the User, by sending an e-mail with a corresponding request to the address: [email protected]
At the initiative of the Company in case of violation by the User of this Agreement, gross violations of the guidelines of the Company specified in paragraph 1.4 of this Agreement, including due to :
Non-observance by the User of the values of the Company, as well as disagreement with its policies and
ongoing activities, in particular, the implementation of public statements regarding the Company, its products and / or its competitors that contradict the official position of the Company;
- Creation by the User of obstacles to the legitimate activities of the Company;
Advertising by the User of software of other companies similar to the Software Package (advertising of competing companies and products);
- Violations by Users of exclusive rights to objects of intellectual/industrial property owned by the Company (including violation of the Company’s prohibition to use its trade name, commercial designations, trademarks, as well as designs or symbols used in the Company’s activities, presentation materials, recordings of employees’ speeches Companies and/or individuals . acting on behalf of the Company without prior written permission from the Company) .
Implementation by the User of uncoordinated contacts with the Company with the media on the activities of the Company;
Activation, as well as use by the User of the Personal Account account on behalf of another person or activation of one account for several persons;
Distortion by the User of information about himself, his age or his relationship with other persons or organizations;
The implementation by the User of mass mailings of messages without prior
Company Permits;
Implementation by the User of attempts in any way, including, but not limited to, by deception, breach of trust, hacking, to gain access to the login and password of another User;
Implementation by the User of illegal collection and processing of personal data of other Users;
Placement by the User of information that is detrimental to the legitimate activities of the Company.
Prior to making a decision to terminate this Agreement, if appropriate grounds are found, the Company has the right, but is not obliged to make a decision to temporarily block the User's Personal Account account.
In the event of termination of the Agreement by virtue of clause 7.4 of the Agreement, the User loses the right to use the Software Package and is obliged to uninstall and destroy all copies of the Software Package he has, while the funds paid by the User on account of the right to use the Software Package are not subject to return / subject to the provisions of clause 5.8 of this Agreement.
In the event of termination of this Agreement on the grounds provided for in clause 7.4.1, the User loses the right to a new conclusion of this Agreement within 6 (six) subsequent months from the date of termination. After the expiration of the specified period, the User, who previously terminated this User Agreement, acquires the right to conclude it on a general basis.
Upon termination of this Agreement on the grounds and in the manner provided for in this section of the Agreement, the functionality of the Personal Account, with the exception of the functionality for managing the Balance of the Personal Account, is deactivated without the possibility of reactivation.
This Agreement shall terminate if the be5.club platform is closed , regardless of the reasons and grounds, while the funds paid by the User in respect of the right to use the Software Complex are not refundable, subject to the provisions of clause 5.8 of this Agreement.

Liability and guarantees

The software package is provided "as is" (az 15). The Company does not provide any guarantees regarding the error-free and uninterrupted operation of the Software Package, the compliance of the Software Package with the specific goals of the User, the achievement of any indicators of the use of the Software Package, and also does not provide any other guarantees not expressly specified in this Agreement. The software package may be periodically subject to changes, automatic updates, bug fixes or installation of additional modules. For these purposes, the Software Complex will be able to automatically exchange data with the servers of the Company and / or persons authorized by it.
The Company does not bear any responsibility, including for any types of losses resulting from the use of the Software Complex by the User, for any direct or indirect consequences of any use or non-use of the Software Complex, caused to the User and/or third parties as a result of any or use or non-use of the Software Package, including due to possible errors or failures in the operation of the Software Package.
The Parties to the Agreement are released from liability in the event of force majeure circumstances that resulted in non-fulfillment or improper fulfillment of obligations under this Agreement. The Company is not responsible for delays or failures in the performance of its obligations in the event that the reasons for their occurrence lie outside the control of the Company. This includes, but is not limited to, strikes, work disruptions, riots, wars, fires, deaths, government regulations, orders from other authorities, or changes in the legislation of the User's country.
Any Content accessed by the User using the Software Package. The User can use at his own risk and is solely responsible for the possible consequences of using the specified information and / or materials, including for the damage that this may cause to the User's computer or third parties, for loss of data or any other harm.
The User independently and at his own expense undertakes to settle and provide the Company, its authorized persons with protection against any claims, lawsuits and / or complaints of third parties related to the User's independent actions when using the Software Package, as well as to ensure compensation for any losses and expenses (including, in including legal costs) caused by such claims, lawsuits and/or complaints in the event that the use of the Software Complex by the User was associated with a violation of the rights of third parties, the requirements of applicable law.
The Company has the right for violations of the provisions of the regulatory documents of the Company to apply to the User who committed the violations, other liability measures provided for by the General Terms and Conditions be5.club , on the basis and in the manner determined by the General Terms and Conditions.
The User is subject to the laws of the country in which he is a resident and / or the country in which he currently temporarily resides.

Rights to the results of intellectual activity

The Company is the sole and full owner of the intellectual property rights to the Software Package and other components of intellectual/industrial property used in the performance of this Agreement.
The Company has the exclusive right to use the Software Complex and its separate parts in any form and by any means, including in the form of reproduction and distribution, public performance ( display), broadcast, by cable, using other similar means of public communication, processing and translation into other languages, duplication and subtitling of the content of the Software Package, including on the Internet.
The Company has the right to grant other entities the right to use the Software Package and other components of intellectual / industrial property used in the execution of this User Agreement, including with the right to sublicense .
The User may not use the contents of the Software Package without the written consent of the Company, except as expressly provided for in this Agreement.
Any use of the results of the Company's intellectual activity, if such use is carried out without the consent of the Company, is illegal and entails liability established by this Agreement and applicable law.
The company is the sole and full owner of intellectual property rights to
commercial designations, trade names and other objects of intellectual/industrial property used by it for its own individualization in the Software Package and in other forms due to the execution of this Agreement.
All rights specified in this section of the Agreement belong to the Company during the period of validity of the relevant rights to the results of intellectual activity.
All rights to the results of intellectual activity specified in this section of the Agreement belong to the Company without limitation of territory.
In the event that the User violates the provisions of the Agreement provided for in this section, all liability measures provided for by applicable law (including criminal liability) shall be applied to him.
In case of violation by the User of the provisions of the Agreement provided for in this section, the Company has the right to unilaterally terminate this Agreement without returning the funds paid to the User.

10. Other provisions

10.1. This Agreement and other regulatory documents referred to in paragraph 1.4 of this Agreement constitute the entire legal agreement between the User, on the one hand, and the Company, on the other hand, in relation to their subject matter, and supersede any previous agreements in relation to such subject matter.

10.2. This Agreement is the version approved by the Company on April 01, 2022 and applicable to all relations with the User from April 01, 2022, including with respect to Agreements concluded before April 01, 2022, regardless of whether the current version of the Agreement was accepted by such Users again after its approval, subject to the provisions of paragraph 7.2.2 of this Agreement.

10.3. In the event that any provision of this Agreement is held by a court having jurisdiction to decide on such matter to be invalid or unenforceable, such provision shall be deemed to be severed from this Agreement without prejudice to the other provisions, which shall remain in full force and effect.

10.4. The Company has the right to transfer and assign its rights and obligations under this Agreement, as well as delegate their implementation or execution to third parties without the consent of the User.

10.5. The User does not have the right to transfer and assign his rights and obligations under this Agreement, as well as delegate their implementation or execution to third parties without the consent of the Company.

This Agreement shall be governed by and construed in accordance with the laws of the UAE.

10.6. In the event of any dispute. The parties will try to resolve them in good faith through negotiations. Any dispute, controversy, controversy or claim arising out of or in connection with this Agreement, including but not limited to its creation, performance, breach, termination or invalidity, which is not amicably resolved as set forth above, will be submitted for arbitration in accordance with the DIAC Arbitration Rules . The parties also agree that:

(a) The appointing authority will be the DIAC Court .

(b) The number of arbitrators is one.

(d) The language of the arbitration process is English.

Any requests, suggestions, claims related to the use of the Software Package. The user has the right to send to the email address: [email protected] . Notifications and other appeals of the User a sent to the Company by e-mail are considered received only if they are sent from the e-mail address specified by the User during his registration through the official website of the Company in the registration form.
Any notice or other correspondence related to this Agreement may also be in writing, and shall be deemed to have been properly delivered if sent by registered mail with acknowledgment of receipt to the addresses specified in this Agreement or to the addresses indicated during the process of activating the account of the Personal office, or delivered personally and handed over for signature.
In the absence of notification by either Party of a change in address (including an email address) or other details, which resulted in the impossibility of delivering notifications and other correspondence to the addressee, as well as in the event that the addressee evades receiving correspondence, the opposite party will be considered to have fulfilled its obligations in sending correspondence in a proper manner, and the party to which it is sent, respectively, received such correspondence.
The Company reserves the right to "fan" (mass) mailing of messages related to the execution of this Agreement, as well as the activities of the Company as a whole. The "fan" (mass) mailing is understood as sending simultaneously to 2 (two) or more addresses of messages, for which the initiator of the mailing list does not have the consent of the owners of these addresses to receive ( this limitation is in no way related to the electronic subscription system). The registered User, by the fact of registration on the terms of the Company and its Internet resources, unconditionally expresses his consent to receive advertising by using telephone, facsimile, mobile radiotelephone communications or advertising distributed in any other way at the discretion of the Company, as well as in any other form and in any form.
The user who has accepted the terms of this Agreement grants the Company consent to receive information about the Company's news, as well as its promotions in the form of sms - messages to the mobile phone number specified by him during registration, e - mail notifications and mailings to the e - mail specified by him during registration the address.
This Agreement is made in English, Spanish, Turkish, Russian, Chinese, Indian, Kazakh. In some cases, it may be provided to the User for review in another language by posting the appropriate language version of the Agreement on the website.

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