Transit by 2GIS Application License Agreement
This document, Transit by 2GIS Application License Agreement, is an offer of 2GIS LIMITED Company (hereinafter—the Rightholder) to enter into an agreement on the terms and conditions stated below.
Before using Transit by 2GIS Application (hereinafter—the Application), please read the terms of this License Agreement attentively.
1. General Provisions
1.1. Words and expressions used in this License Agreement have the following meanings unless otherwise expressly defined hereafter:
a) License (Agreement)—this Transit by 2GIS Application License Agreement.
b) Rightholder—2GIS LIMITED, a company established and incorporated under the laws of the Republic of Cyprus, registration number НЕ 305197, having its registered office at: 12 Esperidon, 4th Floor, Nicosia, Cyprus.
c) The User—a party who has entered into this Agreement with the Rightholder for its own benefit or for the benefit of third parties in accordance with the requirements of the applicable law and this Agreement.
Application—the Rightholder's Transit by 2GIS application software designed for instant search and provision of the User, based on his/her requests on the Mobile Device, with information on the optimal route from/to the airport of arrival/departure by the available means of transport: public transport, taxi, and transfer/limo service, on cost of travels offered by third parties, for ordering/purchasing tickets, ordering/booking vehicle, and sale of other travel-related services, as well as all its further updates and modifications designed for use on Mobile Devices.
Certain services offered by the Rightholder for use of the Application shall be governed by separate agreements with the User which operate together with these Rules, as may be communicated to the Users, including communication by means of separate placement at the Website Https://transit.2gis.com or notification to the Users.
e) Mobile Device—a mobile device, including but not limited to mobile devices with Android or iOS operating system.
f) Commercial Use—intended use of Application that is beyond the permitted use under this Agreement for the purpose of obtaining income (profit) including providing or ensuring access to the Application on a commercial basis, i.e. for a fee or any counter provision of goods, works, services, or with simultaneous provision of goods, works, services on a commercial basis, in one form or another. The Rightholder may permit the Commercial Use of the Application under a separate agreement with the User.
g) Privacy Policy—the Privacy Policy placed on the Internet at: http://law.2gis.ru/en/transit-privacy-policy.
h) Cookie Policy—the Privacy Policy placed on the Internet at: http://law.2gis.ru/en/transit-cookie-policy.
1.2. By using the Application, you agree that:
a) You have read the terms of this Agreement, Privacy Policy, and Cookie Policy in full prior to beginning of use of the Application.
b) Beginning of use of the Application in any form shall mean that you accept all the terms of this Agreement in full, without any exceptions or restrictions on your part. The Application may not be used on any other terms and conditions.
c) If you do not agree with the terms of or are not authorized to enter into this Agreement, you should immediately cease any use of the Application.
d) The Rightholder may alter the Agreement (including any part of it) without any notice. A new version of the Agreement shall enter into force after it has been placed at the Rightholder's Website: http://transit.2gis.com, unless otherwise provided by the new version of the Agreement.
In all matters not covered by this License Agreement, the relations in the context of the use of this Application shall be governed by the Privacy Policy, the Cookie Policy, and other documents placed at Https://transit.2gis.com
1.3. . In order to use individual functionalities of the Application, the User shall undergo the procedure for registration and/or authorization with the Application resulting in creation of a unique account.
1.4. The list of individual functionalities of the Application the use of which requires preliminary registration and/or authorization shall be determined at the sole discretion of the Rightholder and may be changed from time to time.
1.5. The User may not communicate his/her login and password to third parties and shall be fully responsible for their preservation and independently select the method of storage.
1.6. Any actions performed using his/her login and password shall be deemed to be performed by the relevant User, unless the User has notified the Administration of unauthorized access of third parties to the User's login and password or loss of the User's login and password in accordance with the procedure provided by Item 1.7 hereof. The User shall be solely liable for all the actions and their consequences under and/or in connection with the use of 2GIS Services under his/her account, including cases where the User communicates the access data to third parties on any terms.
1.7. In case of unauthorized access to login and password, their loss or disclosure to third parties, the User shall immediately report this to the Rightholder by sending an e-mail from the e-mail address indicated in his/her account in the Application. For reasons of safety, the User shall safely logout under his/her account at the end of each session in the Application. The Administration shall not be liable for possible loss or corruption of data and other consequences of any nature which may arise due to violation of this section of the Agreement by the User.
The Administration may block or delete the User's account at its sole discretion and deny the User using the Application or its individual functions.
2.10. Information contained in the User's account shall be stored and processed by the Administration in accordance with the terms of the Privacy Policy.
2.11. The User may delete his/her account in the Application at any time by means of the relevant function in the personal section.
2. Exclusive Rights
2.1. The Rightholder owns all exclusive rights to the Application.
2.2. The Rightholder reserves the exclusive rights to any results of processing (modification) of the Application permitted by this License and may at any time revoke its permission to use thereof at its discretion, without compensation of any expenses incurred by the User in creating and applying them.
3. License
3.1. The Application shall be used in strict compliance with the terms of this License. If the User does not accept any and all terms of this License, the User shall not be entitled to use the Application for any purpose. In case of violation of (or failure to perform) any terms of the License, the use of the Application shall be prohibited.
3.2. The rights to use and ways of using the Application that are not expressly provided/allowed to the User under the present Agreement are considered not-granted/forbidden by the Rightholder.
3.3. The User may use the Application on the terms of this License for non-commercial purposes at no cost. The Application is allowed for use on conditions and in manner not provided for by this Agreement only on the basis of a separate agreement with the Rightholder.
4. Rights of the User
4.1. The Rightholder hereby grants to the User a worldwide non-exclusive nontransferable license to use the Application in the ways specified in the present section.
4.2. Intended Use of the Application
The User has the right to use the Application for its intended purpose, and to that end, to install it on the Mobile Device. Subject to this Item, the User may install the Application on an unlimited number of Mobile Devices.
4.3. Reproduction of the Application
The User may reproduce the Application, copies of which are distributed by the Rightholder, for non-commercial purposes at no cost on Mobile Devices provided that no modifications are made to the combination, composition, and content of the Application as compared to the way it is provided and/or recommended for use by the Rightholder.
4.4. Distribution of the Application
The User may distribute the Application by delivering copies thereof reproduced in accordance with Item 4.3 of this Agreement, for non-commercial purposes at no cost and with respect for their integrity unless otherwise provided for by a written permission of the Rightholder.
4.5. Use of the Application in accordance with this section shall be permitted subject to the User’s observance of restrictions imposed by this Agreement.
5. Restrictions on Use
5.1. The User has no right, by its own efforts or with the assistance of third parties, to:
5.1.1. Hack technology, emulate, create new versions, modify, decompile, disassemble, decrypt, and perform other actions with a code of the Application in order to breach the security system protecting the Application from unauthorized use, as well as to receive information on implementation of the algorithms used in the Application.
5.1.2. Create derivative works based on the Application.
5.1.3. Reproduce and distribute the Application for commercial purposes without a written consent of the Rightholder.
5.1.4. Distribute the Application in a form different from the one in which the User received it without a written consent of the Rightholder.
5.1.5. Delete or otherwise modify trademarks, industrial designs, and copyright notices and notices of any other rights included into the Application.
6. Automatic Updates
6.1. The Application may periodically interact with the Rightholder’s soft hardware to check for updates of the Application (hereinafter—the Updates).
6.2. By installing the Application, the User agrees that it may make queries and receive and install the Updates in automatic mode.
7. Confidentiality Provisions
7.1. By entering into this Agreement, the User expresses his/her consent to collection and transfer to the Rightholder of anonymized information on the nature and methods of use of the Application, other technical information, as well as data that is automatically transferred to the Application in the course of its use, including the Internet status information on the Mobile Device; internal memory content of the Mobile Device; identification number of the Mobile Device; location of the Mobile Device; advertising identifier. The Rightholder shall use the information in the anonymized format only for generation of statistical reports and other documents which do not involve indication of personal data of individual Users.
7.2. The User shall acknowledge and agree that:
7.2.1. The Rightholder may use the data obtained subject to Item 7.1 hereof for identification of the party hereunder, for the permitted intended purpose and further technical improvement of the Application, responding to user requests to the support service.
7.2.2. The Rightholder may obtain, process, publish, and provide to third parties anonymized and generalized data obtained in accordance with Item 7.1 hereof as part of statistical and other studies on the basis of anonymized data.
7.2.3. The Rightholder may transfer the data obtained in accordance with Item 7.1 hereof to third parties if the User has given his/her consent to such actions; transfer is required as part of the performance of this Agreement by the Rightholder; transfer is provided by the applicable laws of the Republic of Cyprus; transfer is required for protection of rights and legitimate interests of the Rightholder or third parties in cases where the User violates this Agreement; the Rightholder will take part in merger, acquisition or other forms of sale or other partial or complete transfer of assets.
7.2.4. The User is hereby notified and agrees that the Application will be able to identify approximate location of the Mobile Device using various geodata sources. To this end, the relevant function must be enabled in the Mobile Device settings. The User may refuse to transfer the data specified herein at any time by disabling the relevant function.
8. Liability under the License
8.1. Seeing that under this License the right to use the Application is granted for non-commercial purposes and at no cost, the laws and regulations concerning the protection of consumer rights shall not be applicable to the relations of the Parties under this License.
8.2. The Application is granted on an “as is” basis which means that the Rightholder does not provide any guarantee to the User that: the Application will meet the User's requirements, the Application will operate in a continuous, timely, reliable, and error-free manner; results which can be received with its use will be accurate and reliable; all errors will be corrected.
The Rightholder guarantees compliance of the Products specified in the documentation to the purposes of use and functionality, as well as the absence of malicious software.
The Rightholder shall take commercially reasonable efforts to provide server's operation around the clock, but no service without interruptions caused by technical malfunctions or preventive maintenance shall be guaranteed. The Rightholder shall not guarantee that the server or any its elements will operate at any time in the future or that they will not stop operation.
The Rightholder undertakes to provide basic information security of the User's data in amount and order stated by the current legislation.
8.3. The Rightholder shall not be liable for any direct or indirect consequences of any use of or inability to use the Application and/or damages caused to the User and/or third parties as a result of any use, non-use, or inability to use the Application or its separate components and/or features, including possible errors or failures in the Application.
8.4. Since the Application is subject to the continuous process of updating and adding new features, the form and nature of provided products and services may be changed from time to time without prior notice. The Rightholder shall have the right, at its sole discretion, to stop (permanently or temporarily) providing the Application (or any parts of the product or service facilities) to all Users in general or to a specific User in particular, and also change or revoke the License without prior notice.
8.5. The User shall be held liable for any violation of the obligations established by this Agreement, as well as for any consequences of such violations (including any losses that may be incurred by the Rightholder and other third parties).
8.6. The Rightholder reserves the right to prosecute violators of its exclusive rights on the Application in accordance with the civil, administrative and criminal law at its own discretion.
8.7. The Rightholder shall not be liable for services provided by third parties, including services related to travels which the User may search and/or receive and/or pay for as a result of use of the Application.
The Rightholder shall not be liable for pricing or support of prices for any services of third parties which the User may search and/or receive and/or pay for as a result of use of the Application.
The User shall be provided with opportunity to make himself/herself familiar with offers of third parties and to receive a navigation link to the websites of the said third parties. The links to any third party website, any commercial or non-commercial information is not an approval or recommendation of these products (services/activities) on the part of the Rightholder.
8.8. In case any disputes arise over the travel-related services of third parties, the User shall directly contact the parties who entered into relations with the User for the service provision purposes in order to settle such disputes.
9. Final Provisions
9.1. Conclusion, execution, and termination of this Agreement, legal obligations and duties of the Parties hereunder shall be governed by the laws of Cyprus, including the relevant arbitration laws. However, this Agreement shall neither exclude nor limit application of mandatory provisions of laws, if any, in any country of the User's residence, including consumer protection laws, etc.
9.2. All disputes under the Agreement or in connection with the same shall be examined at court at the Rightholder's location in accordance with the applicable procedural laws of the Republic of Cyprus.
9.3. The Rightholder may unilaterally amend or terminate this Agreement without prior notice and without payment of any compensation to the User.
9.4. The current version of this Agreement is placed at the Rightholder's website and available on the Internet at http://law.2gis.ru/en/transit-licensing-agreement.
In case of conflict between the version of the Agreement distributed together with copies of the Application and the latest version of the Agreement posted on the Rightholder’s Website, the latter shall prevail.
Rev. as of 31.08.2016
Before using Transit by 2GIS Application (hereinafter—the Application), please read the terms of this License Agreement attentively.
1. General Provisions
1.1. Words and expressions used in this License Agreement have the following meanings unless otherwise expressly defined hereafter:
a) License (Agreement)—this Transit by 2GIS Application License Agreement.
b) Rightholder—2GIS LIMITED, a company established and incorporated under the laws of the Republic of Cyprus, registration number НЕ 305197, having its registered office at: 12 Esperidon, 4th Floor, Nicosia, Cyprus.
c) The User—a party who has entered into this Agreement with the Rightholder for its own benefit or for the benefit of third parties in accordance with the requirements of the applicable law and this Agreement.
Application—the Rightholder's Transit by 2GIS application software designed for instant search and provision of the User, based on his/her requests on the Mobile Device, with information on the optimal route from/to the airport of arrival/departure by the available means of transport: public transport, taxi, and transfer/limo service, on cost of travels offered by third parties, for ordering/purchasing tickets, ordering/booking vehicle, and sale of other travel-related services, as well as all its further updates and modifications designed for use on Mobile Devices.
Certain services offered by the Rightholder for use of the Application shall be governed by separate agreements with the User which operate together with these Rules, as may be communicated to the Users, including communication by means of separate placement at the Website Https://transit.2gis.com or notification to the Users.
e) Mobile Device—a mobile device, including but not limited to mobile devices with Android or iOS operating system.
f) Commercial Use—intended use of Application that is beyond the permitted use under this Agreement for the purpose of obtaining income (profit) including providing or ensuring access to the Application on a commercial basis, i.e. for a fee or any counter provision of goods, works, services, or with simultaneous provision of goods, works, services on a commercial basis, in one form or another. The Rightholder may permit the Commercial Use of the Application under a separate agreement with the User.
g) Privacy Policy—the Privacy Policy placed on the Internet at: http://law.2gis.ru/en/transit-privacy-policy.
h) Cookie Policy—the Privacy Policy placed on the Internet at: http://law.2gis.ru/en/transit-cookie-policy.
1.2. By using the Application, you agree that:
a) You have read the terms of this Agreement, Privacy Policy, and Cookie Policy in full prior to beginning of use of the Application.
b) Beginning of use of the Application in any form shall mean that you accept all the terms of this Agreement in full, without any exceptions or restrictions on your part. The Application may not be used on any other terms and conditions.
c) If you do not agree with the terms of or are not authorized to enter into this Agreement, you should immediately cease any use of the Application.
d) The Rightholder may alter the Agreement (including any part of it) without any notice. A new version of the Agreement shall enter into force after it has been placed at the Rightholder's Website: http://transit.2gis.com, unless otherwise provided by the new version of the Agreement.
In all matters not covered by this License Agreement, the relations in the context of the use of this Application shall be governed by the Privacy Policy, the Cookie Policy, and other documents placed at Https://transit.2gis.com
1.3. . In order to use individual functionalities of the Application, the User shall undergo the procedure for registration and/or authorization with the Application resulting in creation of a unique account.
1.4. The list of individual functionalities of the Application the use of which requires preliminary registration and/or authorization shall be determined at the sole discretion of the Rightholder and may be changed from time to time.
1.5. The User may not communicate his/her login and password to third parties and shall be fully responsible for their preservation and independently select the method of storage.
1.6. Any actions performed using his/her login and password shall be deemed to be performed by the relevant User, unless the User has notified the Administration of unauthorized access of third parties to the User's login and password or loss of the User's login and password in accordance with the procedure provided by Item 1.7 hereof. The User shall be solely liable for all the actions and their consequences under and/or in connection with the use of 2GIS Services under his/her account, including cases where the User communicates the access data to third parties on any terms.
1.7. In case of unauthorized access to login and password, their loss or disclosure to third parties, the User shall immediately report this to the Rightholder by sending an e-mail from the e-mail address indicated in his/her account in the Application. For reasons of safety, the User shall safely logout under his/her account at the end of each session in the Application. The Administration shall not be liable for possible loss or corruption of data and other consequences of any nature which may arise due to violation of this section of the Agreement by the User.
The Administration may block or delete the User's account at its sole discretion and deny the User using the Application or its individual functions.
2.10. Information contained in the User's account shall be stored and processed by the Administration in accordance with the terms of the Privacy Policy.
2.11. The User may delete his/her account in the Application at any time by means of the relevant function in the personal section.
2. Exclusive Rights
2.1. The Rightholder owns all exclusive rights to the Application.
2.2. The Rightholder reserves the exclusive rights to any results of processing (modification) of the Application permitted by this License and may at any time revoke its permission to use thereof at its discretion, without compensation of any expenses incurred by the User in creating and applying them.
3. License
3.1. The Application shall be used in strict compliance with the terms of this License. If the User does not accept any and all terms of this License, the User shall not be entitled to use the Application for any purpose. In case of violation of (or failure to perform) any terms of the License, the use of the Application shall be prohibited.
3.2. The rights to use and ways of using the Application that are not expressly provided/allowed to the User under the present Agreement are considered not-granted/forbidden by the Rightholder.
3.3. The User may use the Application on the terms of this License for non-commercial purposes at no cost. The Application is allowed for use on conditions and in manner not provided for by this Agreement only on the basis of a separate agreement with the Rightholder.
4. Rights of the User
4.1. The Rightholder hereby grants to the User a worldwide non-exclusive nontransferable license to use the Application in the ways specified in the present section.
4.2. Intended Use of the Application
The User has the right to use the Application for its intended purpose, and to that end, to install it on the Mobile Device. Subject to this Item, the User may install the Application on an unlimited number of Mobile Devices.
4.3. Reproduction of the Application
The User may reproduce the Application, copies of which are distributed by the Rightholder, for non-commercial purposes at no cost on Mobile Devices provided that no modifications are made to the combination, composition, and content of the Application as compared to the way it is provided and/or recommended for use by the Rightholder.
4.4. Distribution of the Application
The User may distribute the Application by delivering copies thereof reproduced in accordance with Item 4.3 of this Agreement, for non-commercial purposes at no cost and with respect for their integrity unless otherwise provided for by a written permission of the Rightholder.
4.5. Use of the Application in accordance with this section shall be permitted subject to the User’s observance of restrictions imposed by this Agreement.
5. Restrictions on Use
5.1. The User has no right, by its own efforts or with the assistance of third parties, to:
5.1.1. Hack technology, emulate, create new versions, modify, decompile, disassemble, decrypt, and perform other actions with a code of the Application in order to breach the security system protecting the Application from unauthorized use, as well as to receive information on implementation of the algorithms used in the Application.
5.1.2. Create derivative works based on the Application.
5.1.3. Reproduce and distribute the Application for commercial purposes without a written consent of the Rightholder.
5.1.4. Distribute the Application in a form different from the one in which the User received it without a written consent of the Rightholder.
5.1.5. Delete or otherwise modify trademarks, industrial designs, and copyright notices and notices of any other rights included into the Application.
6. Automatic Updates
6.1. The Application may periodically interact with the Rightholder’s soft hardware to check for updates of the Application (hereinafter—the Updates).
6.2. By installing the Application, the User agrees that it may make queries and receive and install the Updates in automatic mode.
7. Confidentiality Provisions
7.1. By entering into this Agreement, the User expresses his/her consent to collection and transfer to the Rightholder of anonymized information on the nature and methods of use of the Application, other technical information, as well as data that is automatically transferred to the Application in the course of its use, including the Internet status information on the Mobile Device; internal memory content of the Mobile Device; identification number of the Mobile Device; location of the Mobile Device; advertising identifier. The Rightholder shall use the information in the anonymized format only for generation of statistical reports and other documents which do not involve indication of personal data of individual Users.
7.2. The User shall acknowledge and agree that:
7.2.1. The Rightholder may use the data obtained subject to Item 7.1 hereof for identification of the party hereunder, for the permitted intended purpose and further technical improvement of the Application, responding to user requests to the support service.
7.2.2. The Rightholder may obtain, process, publish, and provide to third parties anonymized and generalized data obtained in accordance with Item 7.1 hereof as part of statistical and other studies on the basis of anonymized data.
7.2.3. The Rightholder may transfer the data obtained in accordance with Item 7.1 hereof to third parties if the User has given his/her consent to such actions; transfer is required as part of the performance of this Agreement by the Rightholder; transfer is provided by the applicable laws of the Republic of Cyprus; transfer is required for protection of rights and legitimate interests of the Rightholder or third parties in cases where the User violates this Agreement; the Rightholder will take part in merger, acquisition or other forms of sale or other partial or complete transfer of assets.
7.2.4. The User is hereby notified and agrees that the Application will be able to identify approximate location of the Mobile Device using various geodata sources. To this end, the relevant function must be enabled in the Mobile Device settings. The User may refuse to transfer the data specified herein at any time by disabling the relevant function.
8. Liability under the License
8.1. Seeing that under this License the right to use the Application is granted for non-commercial purposes and at no cost, the laws and regulations concerning the protection of consumer rights shall not be applicable to the relations of the Parties under this License.
8.2. The Application is granted on an “as is” basis which means that the Rightholder does not provide any guarantee to the User that: the Application will meet the User's requirements, the Application will operate in a continuous, timely, reliable, and error-free manner; results which can be received with its use will be accurate and reliable; all errors will be corrected.
The Rightholder guarantees compliance of the Products specified in the documentation to the purposes of use and functionality, as well as the absence of malicious software.
The Rightholder shall take commercially reasonable efforts to provide server's operation around the clock, but no service without interruptions caused by technical malfunctions or preventive maintenance shall be guaranteed. The Rightholder shall not guarantee that the server or any its elements will operate at any time in the future or that they will not stop operation.
The Rightholder undertakes to provide basic information security of the User's data in amount and order stated by the current legislation.
8.3. The Rightholder shall not be liable for any direct or indirect consequences of any use of or inability to use the Application and/or damages caused to the User and/or third parties as a result of any use, non-use, or inability to use the Application or its separate components and/or features, including possible errors or failures in the Application.
8.4. Since the Application is subject to the continuous process of updating and adding new features, the form and nature of provided products and services may be changed from time to time without prior notice. The Rightholder shall have the right, at its sole discretion, to stop (permanently or temporarily) providing the Application (or any parts of the product or service facilities) to all Users in general or to a specific User in particular, and also change or revoke the License without prior notice.
8.5. The User shall be held liable for any violation of the obligations established by this Agreement, as well as for any consequences of such violations (including any losses that may be incurred by the Rightholder and other third parties).
8.6. The Rightholder reserves the right to prosecute violators of its exclusive rights on the Application in accordance with the civil, administrative and criminal law at its own discretion.
8.7. The Rightholder shall not be liable for services provided by third parties, including services related to travels which the User may search and/or receive and/or pay for as a result of use of the Application.
The Rightholder shall not be liable for pricing or support of prices for any services of third parties which the User may search and/or receive and/or pay for as a result of use of the Application.
The User shall be provided with opportunity to make himself/herself familiar with offers of third parties and to receive a navigation link to the websites of the said third parties. The links to any third party website, any commercial or non-commercial information is not an approval or recommendation of these products (services/activities) on the part of the Rightholder.
8.8. In case any disputes arise over the travel-related services of third parties, the User shall directly contact the parties who entered into relations with the User for the service provision purposes in order to settle such disputes.
9. Final Provisions
9.1. Conclusion, execution, and termination of this Agreement, legal obligations and duties of the Parties hereunder shall be governed by the laws of Cyprus, including the relevant arbitration laws. However, this Agreement shall neither exclude nor limit application of mandatory provisions of laws, if any, in any country of the User's residence, including consumer protection laws, etc.
9.2. All disputes under the Agreement or in connection with the same shall be examined at court at the Rightholder's location in accordance with the applicable procedural laws of the Republic of Cyprus.
9.3. The Rightholder may unilaterally amend or terminate this Agreement without prior notice and without payment of any compensation to the User.
9.4. The current version of this Agreement is placed at the Rightholder's website and available on the Internet at http://law.2gis.ru/en/transit-licensing-agreement.
In case of conflict between the version of the Agreement distributed together with copies of the Application and the latest version of the Agreement posted on the Rightholder’s Website, the latter shall prevail.
Rev. as of 31.08.2016