Terms of use

1. General Provisions

1.1. This User Agreement (hereinafter referred to as the "Agreement") governs the relationship between Sokolov Anatoly Borisovich, registered under Primary State Registration Number of the Individual Entrepreneur 310784719300197 (hereinafter referred to as the "Company"), and a capable individual who has duly acceded to this Agreement to use the mobile application "Feng Shui Fortune Calendar" (hereinafter referred to as the "User").

1.2 The Feng Shui Fortune Calendar mobile application (hereinafter referred to as the "Application") is software available to the User through the Application Store in full compliance with the Agreement, which is an entertainment information application developed for mobile devices running Android and Apple iOS operating systems. The intellectual property rights to the Mobile application Feng Shui Fortune Calendar belong to the Company. The purpose of the Application is to provide the User with Services - calculations based on the Chinese traditional practices of Zezhi Xue (擇日學) and Ba Zi (八字) days that bring the User good luck. Services in the Application are provided free of charge. The only exception is Additional Paid Services. Services can be provided by the Company to the User only during the User's use of the Application.

1.3 Installing the Application on the User's mobile device means the acceptance of this Agreement and confirmation of the User's consent to its terms.

1.4 The terms of this Agreement in accordance with Part 2 of Article 437 of the Civil Code of the Russian Federation are a public offer - a proposal to conclude an accession agreement with the Company in accordance with Article 428 of the Civil Code of the Russian Federation, according to which the Company provides the User with free access to the Application and its Services (except for Additional Paid Services) under the terms of this Agreement.

1.5.Additional Paid Services (hereinafter: "Paid Services") - providing the User with additional special features of the Application for a fee, on the terms specified in this Agreement. These Services are not mandatory and are provided at the request of the User. Paid Services are also provided by the Company only during the User's use of the Application. The use of Paid Services is allowed only after the User has registered and authorized in the Application in accordance with the procedure established by the Company.

1.6 Appeals, suggestions and claims of individuals and legal entities to the Company related to the content and operation of the Application, violations of the rights and interests of third parties, the requirements of the legislation of the Russian Federation, as well as for requests from persons authorized by the legislation of the Russian Federation may be sent to the e-mail address: fengshui@mail.ru.

1.7. This Agreement is made in accordance with the legislation of the Russian Federation. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Russian Federation.

1.8. By agreeing to the terms of this Agreement, the User confirms their legal status and capacity, confirms the accuracy of the data and assumes all responsibility for their accuracy, completeness and reliability.

1.9 Relations between the Parties may be additionally regulated by separate documents and agreements regulating the use of the relevant Service and/or the provision of Services to the User. The application of such additional documents and agreements does not invalidate this Agreement.

1.10 This Agreement may be changed, supplemented by the Company without any special notice to the User. Any changes come into force immediately after the publication of the amended version of the Agreement on the Internet at the address specified in this paragraph, unless otherwise provided by the new version of the Agreement. The current version of the Agreement is posted on the Internet at: https://fourpillars.pro/agreement-app.

1.11 The Company provides the User with the opportunity to download the Application, as well as access to the Services and Paid Services to an unlimited number of persons, under the terms of this Agreement.

1.12 The User acknowledges that the main purpose of the Services and Paid Services is for the Company to provide the User with entertainment information about lucky days calculated based on the Chinese traditional practices of Zezhi Xue (擇日學) and Ba Zi (八字) through the Application.

1.13 The User is aware that the calculations presented in the form of the Services and Paid Services and the list of “Good Lucky Practices” are based on the Chinese traditional practices of Zezhi Xue (擇日學) and Ba Zi (八字) are only recommendations and cannot be the only basis for making serious life or business decisions.

1.14 The user is aware that the Chinese metaphysical techniques, including the traditional practices of Zezhi Xue (擇日學) and Ba Zi (八字) are not scientific knowledge and cannot be confirmed or refuted using any modern scientific methods.

1.15 The Company in no way guarantees the User that the cases started or carried out on the day recommended in the Application in the form of Services or Paid Services will necessarily bring a positive result, success or good luck to the User.

2. The procedure for the entry into force of the Agreement

2.1 Installing the Application on the User's mobile device means the acceptance of this Agreement and confirmation of the User's consent to its terms.

2.2 The terms of this Agreement are a public offer - a proposal to conclude an accession agreement with the Company in accordance with Regulation (EU) 2016/679 и General Data Protection Regulation (GDPR), according to which the Company provides the User with free access to the Application and its Services (except for Paid Services) under the terms of this Agreement.

2.3 Appeals, suggestions and claims of individuals and legal entities to the Company related to the content and operation of the Application, violations of the rights and interests of third parties, the requirements of the legislation of the Russian Federation, as well as for requests from persons authorized by the legislation of the Russian Federation, may be sent to the e-mail address: fengshui@mail.ru.

2.4 This Agreement is made in accordance with the Regulation (EU) 2016/679 and General Data Protection Regulation (GDPR). Issues not regulated by the Agreement shall be resolved in accordance with the legislation of the Russian Federation.

2.5 By agreeing to the terms of this Agreement, the User confirms their legal status and capacity confirms the accuracy of the data and assumes all responsibility for their accuracy, completeness and reliability.

3. Rights and obligations of the parties

3.1. User rights

In accordance with this agreement, the User has the right to:

Use the Application only for personal, non-commercial purposes.
Use all Services (including Paid Services) provided by the Company.
If necessary, use the technical support of the Application, contact the Company on emerging issues through the contact details or the feedback form.
Free of charge (excluding the provision of Additional Paid Services) use the Application and Services.

3.2. Obligations of the User

By complying with the terms of this Agreement, the User is obliged:

not to use the Application for any other purpose, except for purposes related to personal non-commercial use.
to indicate reliable information when registering in the Application.
to take independently all necessary measures to ensure the effective security of a personal account. Do not provide access to it to third parties.
If necessary, at the request of the Company, provide confirmation of their personal data specified in the Application at the time of registration.
Follow the instructions of the Company within the limits of using this Application.
Comply with all without limitation the terms of this Agreement.
To avoid disputes, the User undertakes to independently check for updates to the text of the Agreement, where it is freely available as specified in clause 1.10. If the User fails to check for updates to the text of the Agreement, this fact cannot serve as a basis for refusing to fulfill the obligations assumed. Further use by the User of the Application after such changes have been made means that the User agrees with them.

3.3. The user does not have the right:

Using the Application, the User is not entitled to:

Make deals or to offer making deals with other Users in respect of any goods, works, services or results of intellectual activity, use the Application to distribute advertising and promotional materials without the consent of the Company.
Use the Application in violation of the rights and legitimate interests of third parties, subscribers of communication network operators and the legislation of the Russian Federation.
Download copyrighted materials from the Application other than for personal, non-commercial use.
Modify, publish, transfer to third parties, participate in the sale or assignment, create derivative works or otherwise use part or all of the content of the Application without the written permission of the Company.
Independently or with the involvement of third parties, decompile the Application, as well as distribute, communicate to the public and provide other access to the Application, reverse engineer the Application or its individual elements.
Unless otherwise provided by Regulation (EU) 2016/679 и General Data Protection Regulation (GDPR), it is not allowed to copy, distribute, transfer to third parties, publish or otherwise use for commercial purposes materials downloaded from the Application without obtaining written permission from the Company or other legal copyright owner.
Violate the copyright and intellectual property rights of the Company located in the Application.
In case of obtaining permission to copy, distribute, publish or otherwise use the Application materials protected by the legislation of Regulation (EU) 2016/679 и General Data Protection Regulation (GDPR, such copying, distribution, publication or other use is not allowed without notice of copyright ownership or with a change or exclusion of the author's name and / or trademark.
The User is prohibited from using malicious programs that can harm the Application. If such and similar violations are detected, the Company has the right to apply penalties to the User, including the prohibition of access to the Application and the deletion of the Account.
Engage in fraud and other illegal activities.
Carry out anti-advertising of the Application, including outside it.

The User agrees that his rights and obligations can be changed/supplemented by the Company, about which he is notified via the contact details specified during registration in the Application.

3.4. Company Rights

This Agreement grants the Company the following rights:

At any time, at its own discretion, unilaterally without prior notice to Users, expand, change, terminate, limit the provision of Services, as well as Paid Services.
Manage the Services, Paid Services and other processes and the Application at your sole discretion. Suspend, change the course of work, design, style of the Application, a set of Services and Paid Services, without notifying the User in advance.
Apply sanctions to the User in case of violations of this Agreement.
Track, save identification and statistical information about the User, dispose of it in accordance with the Privacy Policy of the Application
Send to Users in the messenger through the Bot technical, advertising and other information regarding the Site, Services, Paid Services and other topics related to the Site and Chinese metaphysics.
The Company has the right to send the User information about the functioning of the Application in any way, including posting informational and other messages within the Application.
Inform, warn, make comments, notify the User in case of non-compliance/violation of the terms of this Agreement. All instructions of the Company must be strictly followed.
Take legal measures to protect their intellectual, copyright property.
Modify, change, supplement the Application at its own discretion, without notifying the User in advance.
The inaction of the Company on violations of this Agreement by the User does not exclude the application of penalties to him later.

3.5. Company Responsibilities

As a party to the User Agreement, the Company is obliged to:

Ensure that the User can receive the Company's Services within this Application (including the receipt of Paid Services).
Keep records of funds contributed by the User to pay for the Paid Services.
Serve the Application, ensuring its functioning. This section does not exclude the possibility of errors and failure of the Application, its hardware and software complex, which does not entail the responsibility of the Company.
Answer the questions of Users, in case of questions, disputes, take measures to resolve them.

3.6. Company Limitation of Liability

In accordance with this section, the Company is not responsible for:

Any damage caused or which can only be caused to the User's personal data and mobile device in connection with the use of the Application and Services.
Losses (direct/indirect) caused to the User in connection with the use or unavailability of the Application and Services (the inability to use them), the behavior of third parties in the Application, unauthorized access to the User's personal data.
Loss by the User of the information specified by him during registration, loss of access to the Application (login, password, etc.).
Loss of the User's ability to access paid Paid Services as a result of loss of access to the Application (loss of login, password, access to e-mail, etc.).
The User's capabilities related to Internet access, data transfer speed.
Positive or negative outcomes and success of personal, financial or other affairs performed on the day selected based on the recommendations of the Application.
Any material or moral losses incurred by the User who has committed or started business on the day recommended in the Application or in the form of the Services provided and Paid Services.

3.7. The company does not guarantee

Continuous, reliable, error-free operation of the Application, access to its resources, Services, including Paid Services.

Compliance of the quality of the Services (Paid Services) with the User's expectations.

The Administrator is not obliged, at the request of the User, to submit documents and other evidence indicating a violation (by the User) of this Agreement and the application of penalties / disciplinary sanctions against him.

The User uses the Application of the Company solely at his own peril and risk, of his own free will, without coercion. He understands the possible risks associated with doing important things on the recommended days, calculated on the basis of Chinese metaphysical techniques, and has no moral or material claims against the Company.

4. License

4.1. For the purposes of executing this Agreement and for the period of its validity, the Company grants the User, free of charge, a non-exclusive right (non-exclusive license) to access and use the Application in the following ways, using Mobile Devices:

- the right to install (record in the memory of the Mobile Device) one copy of the Mobile Application;

- the right to launch the Application solely for its use in order to receive the Services personally by the User.

4.2. The license for the Mobile Application is indivisible.

4.3. The license also applies to updates, additions, additional components that may be provided or access to which may be provided by the Company, as well as its partners or counterparties when the User uses the Mobile Application, if the right to use such updates, additions, additional components is not transferred to based on independent agreements.

4.4. The license is limited to the territory of the Russian Federation.

4.5. This Agreement does not grant the User the right to:

- elements (parts, components) of the Application, including photographs, drawings, graphics, animation, sounds and other content. The user is not entitled to use these elements for any purpose other than those specified in clauses 3.2., 4.1. Agreements;

- means of individualization of persons, goods, works, services, including logos, trademarks, service marks, trade names;

- other software.

5. Privacy and Security

5.1. Confidential information - information received by the Company in the process of registering the User for the Applications, in the course of working with the Application and using the Services. Its use is in accordance with the Privacy Policy of the Application.

5.2. Confidential information is not subject to disclosure and transfer to third parties.

5.3. Personal data may be transferred by the Company to third parties only in the event of an official request from law enforcement agencies (violation of local and international laws).

5.4. The company ensures the security of the user's personal data using special software. In case of unauthorized access to the Application by third parties, the security of personal data is not guaranteed.

5.5. The Administrator ensures the security of the User's financial transactions on the Application, subject to full compliance with all clauses of this Agreement and the use of only the payment systems listed in the Application.

6. Additional Paid Services

6.1. At the request of the User, the Company provides him with Additional Paid Services. They allow you to use the advanced features of the Application.

6.2. The acquisition of Paid Services is the User's own will. Paid Services are not a prerequisite for using the Application.

6.3. Additional Paid Services include the purchase and renewal of a subscription for a certain unlimited period (Autopayment), which allows, during its term:

- Calculate the dates that bring good luck to the User personally, taking into account his Chinese ba-zi horoscope;

- Calculate dates that bring good luck for any period in the future;

6.4. From the moment the User deposits funds through the payment system associated with the Application and subscribes to Paid Services, they are considered activated and the period of subscription to Paid Services begins.

6.5 After the provision of the Paid Service, it is considered to be completed in full and of proper quality, the funds spent on its purchase are not refundable.

6.6. The User agrees that the Company has the right to store personal information received when purchasing Paid Services.

6.7. The list of Paid Services and their cost are published only by the Company in the Application. Any information and offers to purchase these services on third-party resources are considered fraud, for which the Company is not responsible.

6.8. The methods and possibility of acquiring Paid Services, as well as refusal to renew a subscription to Paid Services, are explained by the Company in the Appendix.

6.9. Subscription to Autopayment can be stopped by the User at any time, from that moment payments are no longer debited from the User's means of payment, which he indicated when subscribing. The amount deducted from the User for the current month in which the subscription to AutoPay was stopped is not refundable.

6.10. The Company does not provide clarifications on the issues of working with payment systems, with the help of which the User decided to purchase Paid Services, and is also not responsible for their correct operation.

6.11. In the event of a technical malfunction of the Application or intentional actions of the User, as well as in other cases when Paid Services were provided without full / partial payment of funds by the User, he is obliged to report this fact to the Company. After that, the User is obliged to repay the arisen debt.

6.12. The Company does not refund funds to the User for unused (partially used) Paid Services.

6.13. The User, at his own expense, independently bears all financial costs associated with the acquisition of Paid Services. This section includes: commissions, fees of payment systems and other expenses.

6.14. The User warrants to the Company that he has all legal powers and rights to conclude this Agreement in terms of Paid Services.

6.15. In the case of the acquisition of Paid Services by a User under the age of 18, he must first obtain consent to conduct a financial transaction from legal representatives. The fact of purchasing Paid Services is a confirmation of obtaining such consent from a legal representative. If necessary, the Company has the right to request written confirmation of consent and the provision of passport data to determine the true age of the User.

6.16. Responsibility for the acquisition of Paid Services rests entirely with the User and his legal representatives.

6.17. Liability disputes for the purchase and maintenance of Paid Services with the Application Company are not permitted.

6.18. Receipt of Paid Services by the user is possible only after full payment of their cost.

7. Additional provisions

7.1. If the User does not have the right to use the Application in accordance with the legislation of his country or there are other restrictions (age tolerance and others), he is obliged to refuse to use the Application, as well as its individual Services, without warning. The User assumes all responsibility for the use of the Application in their country, based on local laws and taking into account international law.

7.2. The invalidity of one/several clauses/sections of the User Agreement does not entail its invalidity as a whole. In this case, the parties must fulfill their obligations under the remaining clauses/sections of the Agreement.

7.3. Disputes arising between the parties are subject to initial settlement in a pre-trial order, by correspondence between the Company and the User.