TERMS OF PROVISION OF THE “myFit” SERVICE

USER AGREEMENT

The current version of the User Agreement is available at: https://myfit.viva.am/. This user agreement (hereinafter referred to as the “Agreement”) governs the relationships for the use of “myFit” web application (hereinafter referred to as the “Service”) between the lawful owner (hereinafter referred to as the “Executor”) of the Content and the service subscriber (hereinafter referred to as the “Subscriber”).

This Agreement is a public offer and can be accepted by the Subscriber only by joining it as a whole.

1. Terms and Definitions Used in this Agreement:

   1.1. “myFit” (hereinafter referred to as the “Service”) - a collection of interactive mobile services related to fitness and sport, grouped in categories, through which the Subscriber gets access to the Content. The Service is posted on the Internet at:  myfit.viva.am, under the name “myFit”, as well as is pre-installed on the Operator’s mobile devices.

   1.2. Subscriber - a physical entity with whom the Operator has concluded an agreement for the provision of communication services (hereinafter referred to as the “Contract”) with the allocation of at least 1 (one) Subscriber number and a unique identification code. The Subscriber accesses the Service via the Internet, registers and makes an Acceptance of the Agreement.

   1.3. Operator - “Viva Armenia” Closed Joint Stock Company (address: Argishti 4/1 Str., Yerevan, 0015, Republic of Armenia, email address: info@viva.am), providing communication services on the basis of relevant licenses.

   1.4. Executor – “PLAYWORLD” Limited Liability Company (address: 4th floor, 3 Moskovyan Str., Yerevan, 0001, Republic of Armenia, email address: am@smshelp.me), which is the lawful owner of the Content and provides technical support (including the development and further update of the relevant software) for the provision of services and access to the Service.

   1.5.  Website – the website located on the Internet at: https://myfit.viva.am/.

   1.6. Acceptance of the Agreement - the actual use of the Service, as well as passing the authorization procedure by the Subscriber Number, through which the Subscriber confirms acceptance of the terms of the Agreement. After the Acceptance of the Agreement, the terms of this Agreement are considered accepted by the Subscriber unconditionally and in full.

   1.7. Content Service - a set of services of the Operator and the Executor, the scope of rights to the Content provided to the Subscriber on the basis of this Agreement.

   1.8. Content - protected results of intellectual activity, including articles, illustrations, covers, graphic, textual, photographic, derivative, composite and other works, user interfaces, visual interfaces, trademark names, logos, computer programs, databases, as well as the design, appearance, general style and arrangement of this content, which is part of the Service, and other intellectual property objects collectively and/or separately contained on the Service.

   1.9. Subscriber Number - telephone number allocated to the Subscriber in accordance with the Contract, which is used to identify the Subscriber Equipment and the SIM card installed in it.

   1.10. Subscriber Equipment - Subscriber’s transceiver of public mobile (cellular) communication networks, mobile (cellular) phones, smartphones.

   1.11. Personal Account - a section on the Executor’s website, protected by an access control system and available to the Subscriber based on authentication data.

   1.12. Authentication Data - a unique login and password of the Subscriber used to enter the Personal Account in order to gain access to the service.

   1.13. Territory of the provision of services - the territory of the Republic of Armenia.

   1.14. Subscription - providing the Subscriber with the opportunity to use and access the Content for a set fee for a certain period of time in accordance with the terms of Point 5 of this Agreement.

    

   2. GENERAL PROVISIONS

   2.1. This Agreement is a public offer, which defines the general conditions for providing the Service.

   2.2. The Subscriber is fully responsible for the accuracy of the information indicated by him/her on the sources of the Service.

   2.3. The Subscriber guarantees the full right and authority to accept and perform this Agreement.

    

   3. SUBJECT OF THE AGREEMENT

   3.1. The Executor renders the Subscriber the Content Service for providing Subscribers with access to the Content, provided that the Subscribers comply with the terms of this Agreement. The Operator shall provide the Content Service through the Service using the resources of the network of the Operator.

   3.2. To receive the Service, the Subscriber is obliged, in the manner prescribed by this Agreement, to confirm that s/he has read, understood and agrees to comply with the terms of this Agreement and to join this Agreement as a whole by making an Acceptance of the Agreement. From the moment of Acceptance of the Agreement by the Subscriber, this Agreement is considered concluded with the Subscriber and the Subscriber acquires the rights and obligations provided for by this Agreement. In order to accept the Agreement, the Subscriber must go through the authorization procedure by clicking on the link on the Internet: https://myfit.viva.am/

   3.3. By subscribing to the Service, the Subscriber agrees to the terms of the present Agreement.

   3.4. By starting to use the Service/its individual functions, the Subscriber is considered to have accepted the provisions of this Agreement in full, without any reservations or exceptions. If the Subscriber disagrees with any of the provisions specified in this Agreement, the Subscriber must immediately stop using the Service.

   3.5. The Operator and the Executor have the right to amend and/or supplement the provisions of this Agreement by publishing those amendments and/or supplements on the website (myfit.viva.am) of the Service at least 3 (three) days before their entry into force. Further use of the Service after any such change means the Subscriber’s consent to such amendments and/or supplements. The Subscriber bears personal responsibility for regularly reviewing the Service to familiarize with the current version of the present Agreement. The updated version of the Agreement comes into force 3 (three) days after its publication on the website myfit.viva.am. Therefore, the Subscribers are provided with regular access to the current version of this Agreement.

   3.6. All the results of intellectual activity used and placed on the Service, as well as the Service itself, are the intellectual property of their legal right holders and are protected by the intellectual property legislation of the Republic of Armenia, as well as relevant international legal conventions ratified by the Republic of Armenia. Any use of the results of intellectual activity posted on the Service (including elements of the visual design of the Service, symbols, texts, graphic images, illustrations, photos, and other objects) outside this Agreement without the permission of the Operator, Executor and/or the lawful right holder is illegal and may lead to judicial proceedings and bringing violators to civil, administrative and criminal liability in accordance with the legislation of the Republic of Armenia. All intellectual property rights in relation to myfit.viva.am, including, but not limited to, any graphic images, photographs, animations, videos, audio recordings, music, text accompanying myfit.viva.am materials and any parts or copies thereof belong to the Executor.

   3.7. The Operator shall not bear any responsibility for the nature of the Service Content, which belongs to third parties on the basis of intellectual property rights.

   3.8. The Subscriber does not have the right to reproduce, repeat, copy, sell, resell, or in any other way use the content of the Service (the results of intellectual activity posted on the Service) and/or any part thereof for any commercial purposes without the consent of the right holders of the Service.

   3.9. By making Acceptance of the Agreement, the Subscriber gives the Operator consent to receive messages, including advertising messages, to the Subscriber number specified during authorization about the following general events that occurred on the Service: placement of new Content, availability of special offers, promotions, as well as other information related to the performance of this Agreement.

   3.10. By making Acceptance of the Agreement, the Subscriber agrees to the collection and use by the Operator of any or all information about the Subscriber and about the use of the Content Service by the Subscriber received as a result of authorization. The Operator has the right to use such information for billing, technical maintenance, conflict resolution, marketing, or other similar purposes. The Operator undertakes to take all necessary actions and measures to ensure the safety of the Subscriber’s information in accordance with the legislation of the Republic of Armenia on the protection of personal data.

   3.11. By accepting this Agreement, the Subscriber agrees to the transfer of personal data (including information about the subscriber number (MSISDN)) to the Operator and/or third parties providing technical support (including the development and further update of the relevant software) for the provision of services and access to the Service, for the entire period of use of the Service.

   3.12. Personal data of Subscribers received as part of the provision of Content Services and the Service shall be deleted after 6 (six) months from the date of deactivation of the subscription.

   3.13. The Service offers the Subscriber the Content via the mobile application without geographic limitation. All currently existing functions of the Service, as well as any of its development and/or addition of new Content, are subjects of this Agreement.

    

   4. THE PROCEDURE FOR ACTIVATING AND DEACTIVATING THE CONTENT SERVICE

   4.1. Activation of the Content Service occurs after the Subscriber initiates a communication session and confirms the desire to activate the Service. To activate the Service, the Subscriber must perform one of the following actions:

   4.1.1. Go to the website providing the Service at https://myfit.viva.am/ and click on the suggested “Subscribe” link button;

   4.1.2.  Send an SMS message with the text “1” to the short number 1018.

   4.2.  Requests are sent from Subscribers’ phones to the network of the Operator via SMS messages. In response, the subscriber shall receive an SMS notification about the Subscription conditions.

   4.3. Authorization in this Agreement means activation of the Subscriber’s account by entering the Subscriber Number and code (received via SMS message) in a special form of the Service interface provided to the Subscriber upon registration in the Service.

   4.4. The Subscriber can stop using the Service at any time without explaining the reasons, by following the instructions specified in the Service. The Subscription can be terminated via deactivation of the Service by unilaterally refusing to receive it. Termination of the Subscription is carried out by the Subscriber independently in one of the following ways:

   a) using “myFit” application by accessing the website providing the Service at: https://myfit.viva.am/ and clicking on the proposed link button “Unsubscribe”;

   b) sending an SMS message with the text “STOP” to the short number 1018.

    

   5. PRICE AND TERMS OF SUBSCRIPTION

   5.1. The rights of access to paid Content in accordance with the terms of this Agreement are granted to the Subscriber on condition of the Subscription registration. As part of the Subscription, the Subscriber is provided with a two-day trial period, and after that - the opportunity to access paid Content during the subscription period, which is 1 (one) calendar day. If a refusal from the Subscription by the Subscriber is not received, the Subscription period is automatically prolonged each time for a period equal to 1 (one) calendar day, until the Subscriber independently terminates the Subscription.

   5.2. The daily Subscription fee is AMD 70 (VAT included). Funds are debited automatically from the account of the Subscriber. Detailed information on the tariffs, cost and conditions for the provision of the Service can be obtained on the website of the Operator on the Internet at the address viva.am.

   5.3. If at the time of an attempt to prolong the Subscription there are not enough funds on the Subscriber’s account to pay the cost of the Content Service in full, the services are not activated/ prolonged.

   5.4. Repeated attempts to prolong the Subscription occur 2 (two) times per day for 7 (seven) calendar days. After 7 (seven) calendar days, if sufficient funds have not been received on the Subscriber’s account to perform the payment, the attempt is discontinued.

   5.5. The fee for the Internet (locally and while in roaming) is charged according to the Subscriber’s tariff plan.

   5.6. Funds will not be debited from the Subscriber’s account for all SMSs sent and/or received by the Subscriber to/from short numbers, with the exception of SMSs for daily Subscription.

   5.7. The Subscription price may be changed by the Operator at any time without the prior consent of the Subscriber, but with prior notice to the Subscribers at myfit.viva.am or in any other way at the choice of the Operator.

   5.8. All issues related to the acquisition of Internet access rights, the purchase and adjustment of the relevant equipment and software products for this are decided by the Subscriber independently and are not subject to this Agreement.

   5.9 During subscribing to the service while using Internet via Mi-Fi or 3G/4G router, or being connected to Wi-Fi via Personal Hotspot, the fee for subscription may be charged from the account of the phone number or may be ascribed to the account of the phone number, which is used for the given device, and not from or to the account of the phone number, which is installed in the smartphone. Besides, the SMS notifying on successful subscription may also be sent to the mobile number installed in the respective device.

    

   6. RIGHTS AND OBLIGATIONS OF THE PARTIES

    

   6.1 Rights of the Subscriber:

   6.1.1. Make full use of all the functionality provided within the Service when receiving the Content Service.

   6.2. Obligations of the Subscriber:

   6.2.1. Comply with the terms of this Agreement.

   6.2.2. Guarantee that s/he is an adult in accordance with the current legislation of the Republic of Armenia.

   6.2.3. Be aware that the Service may contain materials intended only for adult Subscribers.

   6.2.4. Not to perform actions prohibited by this Agreement and the legislation of the Republic of Armenia.

   6.2.5. Not to carry out any actions aimed at destabilizing the operation of the Service, attempting unauthorized access to the Service, to the results of intellectual activity posted on it, and not to carry out any other actions that violate the rights of the Operator and/or third parties.

   6.2.6. Use the Service exclusively for the purposes and in the manner provided for by this Agreement and not prohibited by the current legislation of the Republic of Armenia.

   6.3. Rights of the Operator:

   6.3.1. In case of violation of this Agreement and/or the legislation of the Republic of Armenia by the Subscriber, suspend, restrict, or terminate the Subscriber’s access to all or any of the sections of the Service unilaterally, as well as block the ability to use the Service (block authorization and/or IP addresses) by the Subscriber at any time, with or without prior notice, without being liable for any damage that may be caused to the Subscriber by such actions (including terminate the Agreement in full by deleting the Subscriber’s account from the Service).

   6.3.2. Involve any third parties in order to exercise the rights and obligations under this Agreement.

   6.3.3. Exercise other rights provided for by this Agreement and/or the legislation of the Republic of Armenia.

   6.4. Obligations of the Operator:

   6.4.1. Ensure the technical possibility for the Subscribers to receive the Service within the Territory of the provision of services in the manner specified in this Agreement;

   6.4.2. Carry out current management of sections of the Service.

   6.4.3. Provide the Subscriber with access to the Service on an “AS IS” basis, in the form in which it exists, while the Operator makes no warranties or representations regarding the use of the Service or its operation.

    

   7. WARRANTY AND LIABILITY OF THE SUBSCRIBER

   7.1. The Subscriber bears full personal responsibility for the compliance of the ways of using the Content and other information presented on the Service with the norms of Armenian or international legislation (including the norms of intellectual property law and information protection).

   7.2. The Subscriber is fully responsible for the security of the login and password, as well as for all actions that will be carried out by him/her on the Service after authorization under the Subscriber’s login and password. The Operator and the Executor are not responsible for the possible loss or damage of data that may occur due to the Subscriber’s violation of the provisions of this Agreement.

   7.3. The Subscriber is obliged to immediately notify the Operator of any cases of access to the Service by third parties under the Subscriber’s account and/or any act of security violation. The Subscriber does not have the right to assign, sell, and transfer for use a Service account to third parties without the consent of the Operator and the Executor.

   7.4. In the event that the login/password is transferred to a third party, all responsibility for any damage caused to the Subscriber, the Executor, and/or the Operator shall be borne by the Subscriber. The Operator is not liable for the damage caused as a result of unauthorized access to the Subscriber’s account.

   7.5. The Subscriber is responsible to the Operator and the Executor for compliance with the terms of this Agreement.

   7.6. The Service Subscriber understands and agrees that the Operator may delete or remove (without notice) any results of intellectual activity posted on the Service at its sole discretion, for any reason or no reason, including, without any restrictions, the deletion or removal of the results of intellectual activity.

    

   8. TERMINATION OF THE AGREEMENT

   8.1. This Agreement may be terminated:

   8.1.1. at the initiative of either Party in case of violation by the other Party of the terms of the Agreement with a written notice and/or an e-mail notice of the other Party at least 3 (three) working days before the date of termination;

   8.1.2. in court, in cases provided for by the current legislation of the Republic of Armenia;

   8.1.3. in other cases, provided for by this Agreement.

    

   9. FORCE MAJEURE CIRCUMSTANCES

   9.1. In the event of force majeure circumstances preventing the full or partial fulfillment of the obligations hereunder by either party, namely: fire, natural disasters, wars, bans or restrictions on the activities of the Parties set by state bodies or other similar circumstances the timeframes for the Parties to fulfill their obligations hereunder shall be prolonged in proportion to the time period during which such circumstances are in effect.

   9.2. Untimely (more than 10 (ten) working days from the moment of occurrence or termination of the above circumstances) notification deprives the Party of the opportunity to refer to them.

   9.3. If the force majeure circumstances continue for more than 2 (two) months, then each of the Parties has the right to refuse to perform this Agreement unilaterally out of court, and in this case, neither of the Parties has the right to demand compensation from the other Party for damages caused by refusal to perform the Agreement. In this case the Parties carry out mutual settlement of the debts that occurred prior to the receipt of the relevant written notice by one of them not later than 10 (ten) days after the refusal of one of the Parties to perform the Agreement.

    

   10. FINAL PROVISIONS

   10.1. This Agreement and the relations between the Operator, the Subscriber and the Executor are regulated and interpreted in accordance with the legislation of the Republic of Armenia. Issues not regulated by the Agreement are subject to settlement in accordance with the norms of substantive law of the legislation of the Republic of Armenia.

   10.2. If for whatever reason any of the terms of this Agreement are invalid or unenforceable, this does not affect the validity or applicability of the remaining terms of the Agreement.

   10.3. The Parties agreed that all disputes arising from the relations of the Parties regulated by this Agreement shall be settled in a competent court at the location of the Plaintiff with mandatory compliance with the pre-trial claim procedure for dispute settlement.

   10.4. All questions, requests and claims related to the use/impossibility to use the Service, as well as possible violation of the law and/or the rights of third parties, should be sent to the address am@smshelp.me, or to the number +37498485828.

    

   DETAILS AND CONTACT DATA OF THE EXECUTOR

    

   “PLAYWORLD” LIMITED LIABILITY COMPANY

   TIN: 02652924

   Legal address: 4th floor, 3 Moskovyan Str., Yerevan, 0001, Armenia

   E-mail for inquiries regarding the operation of the Service: am@smshelp.me

   Contact phone number: +37498485828