Paymaster or Spend Tracker & Budget Manager (Paymaster) is an application for various platforms, developed and offered to you by Sergey Kolyoskin ("Provider"). It enables its users to track and manage personal finance and analyze their income and expenses. Your use of the Paymaster application and all the related services provided through it by Provider (collectively referred as "Paymaster") is subject to the following terms of use (“Terms”), which upon your acceptance form a legally binding agreement between you and the Provider (“Agreement”). For the avoidance of doubt, such agreement is concluded solely between you and the Provider and there are no other parties to it.

Paymaster is currently available in its basic version free of charge, however it contains in-app purchases as it offers also paid subscriptions with additional features ("Paid features").

Acceptance

These Terms regulate the legal relationship between you and the Provider and also represent a framework contract on the basis of which Provider is providing an account information service to you. The Terms are always available to you through the distribution platforms or in the Paymaster application. You are expressing your acceptance and willingness to be bound by these Terms by using or otherwise accessing Paymaster.

You may not accept these Terms unless you are at least 15 years of age and you have sufficient legal capacity to enter into a contract. If you are less than 18 years of age, you must have your parent or legal guardian\’s permission to accept the Terms and use Paymaster.

By accepting these Terms you declare that you are not a politically exposed person as defined by Section 4 (5) of the Act No. 253/2008 Coll. on anti-money laundering, as amended. If you fail to comply or ceased to comply with this condition, or if you have any doubt as to whether you fulfil this condition, you must not use Paymaster.

Term and Termination

The Agreement will remain in full force and effect while you use Paymaster and until terminated by either you or the Provider.

You may terminate the Agreement at any time and for any reason by deleting the Paymaster application. Refund of your purchases is in such case not possible.

Provider may terminate the Agreement without notice at any time. In case of termination due to your breach of the Terms you are not entitled to any refunds.

Amendments

When there are changes in laws or regulations, conditions in the financial services markets, technology or organizational processes, or when changes are needed due to compliance with the statutory obligation of prudential business rules or in order to improve quality of services provided through Paymaster application, Provider may amend the Terms at its sole discretion. Such an amendment may cover areas such as amending and terminating the Agreement, Paid features and prices. The updated Terms will be published in the application and on the web site. By continued use of Paymaster, you are expressing your acceptance of the changes. If you do not agree with the changes, you may terminate the Terms at any time and free of charge.

Your use of Paymaster

You must use Paymaster only in accordance with the Terms, for the purpose it was intended and obey all of the applicable laws and terms and conditions of third parties.

You must not use Paymaster to engage yourself in activities that mar, interfere, destroy, or access in an illegitimate way to servers, network connectivity, or other aspects or services of any third-party or Paymaster.

User content

You may enter and upload to Paymaster texts, numerical data, photos or other content. You retain copyright and all other rights to your content that qualifies for a legal protection. For such content you grant Provider a worldwide non-exclusive, no-charge and royalty-free license to use it in the connection with provision of the services, including without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense. You represent that you have all necessary rights and consents to do so. The license lasts for the full term of the copyright or until a termination of the Terms.

You are solely responsible for any content you provide to Paymaster and for any consequences thereof. You may not enter or upload to Paymaster or synchronize with it unlawful content or content that infringes copyright or any other third-party rights. You may not upload any content describing or depicting violence or content which is pornographic, discriminatory, racist, defamatory or otherwise illegal and share it with other users of Paymaster.

Provider does not review the user content but reserves the right to remove or disable access to any user content for any reason.

Provider has no responsibility for the accuracy of the content you provided to Paymaster or synchronized with it or which was created by Paymaster based on your input.

You are solely responsible for backing up the content you enter or upload to Paymaster or synchronize with it.

No professional advice

Based on your user content Paymaster may provide you with personalized services relating to financial health (such as measures and analyses of various financial indicators). You hereby acknowledge and agree that such advice do not constitute professional financial, tax, accounting, investment or any other professional advice and Provider makes no representations or warranties of any kind related thereto. In no event shall Provider be liable for any damages caused to you or a third person arising out of your use of such financial advice.

License and ownership

Paymaster application and all rights therein, including intellectual property rights, shall remain Provider\’s property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below.

Subject to the Terms, Provider grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use Paymaster and its Paid features purchased pursuant to the Terms. The license is granted solely for your personal, non-commercial use. Therefore, you may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Paymaster application. Third-party services or libraries included in Paymaster are licensed to you either under these Terms, or under the third party\’s license terms, if applicable.

Based on your license, you may not access Paymaster with other means than the official application, mine or extract any data from Paymaster databases, modify, reverse engineer, hack, decode, decrypt, decompile, disassemble or create derivative works of Paymaster application or any part thereof and circumvent any technology used to protect the Paid features. You also may not remove, delete or obliterate any copyright notices, proprietary labels or private legends placed upon or found within the Paymaster application.

Hardware and System Requirements

Information about the current hardware and system requirements of Paymaster, technical restrictions and other limitations are always available on the platform-specific page of the application.

Maintenance and Support

Paymaster is subject to a continuous development and Provider reserves the right, at its sole discretion, to update the Paymaster application, change the nature of Paymaster or modify or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update Paymaster.

Provider does not guarantee an uninterrupted provision of the services. Paymaster or integrated third-party services may be temporary or constantly unavailable due to the maintenance, certain technical difficulties, or other events that are beyond Provider\’s control.

If you have some questions, problems or suggestions, you can reach the Provider via contacts provided hereafter. However, you acknowledge that the support to non-paying users of Paymaster is limited due to the limited capacity of the Provider.

Premium Features and Prices

Paymaster application is available free of charge. Free version allows you to use only the basic features of Paymaster. You can unlock Paid features by buying suitable subscription plan.

Detailed information about the subscription offer is always available in the Paymaster application.

Subscriptions are concluded for the term specified in your order. You can choose different duration of subscription.

Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax).

Provider does not guarantee that Paymaster or any of its features will always be free and reserves the right, at its sole discretion, to change the pricing.

Downloading or using Paymaster may incur additional costs for the Internet connection according to the standard rates of your ISP. You shall bear all such costs relating thereto.

Payments and Refunds

You can purchase subscriptions simply by pressing the "BUY" button (may vary in depends of platform) in the purchase dialogue, which summarizes information about billing type, price and term.

By pressing the "BUY" button you enter into an additional agreement pursuant to the Terms. Due to the method of conclusion of the agreement, the text of the agreement is neither saved nor accessible.

Purchasing subscription requires Internet connection which may incur additional costs according to the standard rates of your ISP.

If you purchased a subscription, it will automatically renew itself for another term of the same length, unless you cancel it before the current term runs out. The subscription price is charged on the first day of the new term. You can cancel your subscription at any time. The cancellation will take effect the day after the last day of the current subscription term and Paymaster will be downgraded.

Available payment methods, include but are not limited to, credit and debit cards and may vary according to the distribution platform.

Provider itself doesn\’t store any payment information or process payments. Distribution platforms, payment solution providers or their contractors are solely responsible for the payment processing.

Refunds for the in-app purchases are generally not provided.

Trials

Provider may offer subscriptions with a specified trial period without payment. However, you are required to provide your payment details to start such subscription. The regular subscription plan with your selected term will begin automatically after the expiry of the trial period, unless you cancel it before the period runs out. The first payment for the subscription will process on the first day following the end of the trial period. By starting the subscription with trial period and providing your payment details you agree with possible future charges for the subscription.

Privacy

By using Paymaster you acknowledge that Provider will process your personal data to the extent necessary for providing the services according to this Agreement. All information, including the extent and the manner of processing your personal data is included in the "Privacy Policy", which forms an integral part of the Terms.

Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, AND PROFITS, PROPERTY DAMAGE OR OTHER INTANGIBLE OR ECONOMIC LOSS, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE PAYMASTER AND INTEGRATED THIRD-PARTY SERVICES, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, CANCELLATION OR MODIFICIATION, HACKING ATTACKS, FAILURE, MALFUNCTION OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF PAYMASTER OR INTEGRATED THIRD-PARTY SERVICES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE PROVIDER\’S LIABILITY FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL PROVIDER\’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY U.S. DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PAYMASTER APPLICATION AND INTEGRATED THIRD-PARTY SERVICES IS AT YOUR SOLE RISK AND THEREFORE THE ENTIRE RISK, IN PARTICULAR AS TO SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY AND EFFORT, REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PAYMASTER APPLICATION AND INTEGRATED THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND EXCEPT AS SET FORTH IN THE PRESENT TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.

IF THE LAW ON PAYMENT SERVICES IS APPLICABLE, THE PROVISIONS OF THIS SECTION "WARRANTIES AND LIMITATION OF LIABILITY" APPLY TO THE EXTENT IN WHICH THIS LAW IS NOT CONTRAVENED.

Indemnification

You agree to indemnify and hold Provider and his representatives, harmless from any and all third-party claims arising out of your use of Paymaster and integrated third-party services, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys\’ fees.

Third-party Services

Paymaster or its parts may integrate or otherwise include third-party services or content. You acknowledge that also other terms and conditions than these Terms may apply to your use of such third-party services (including privacy policies) and that Provider does not guarantee availability of such services and content. You must agree and comply with any applicable third-party terms when using Paymaster. The mere fact that Paymaster integrates or otherwise includes third-party services or content does not constitute an endorsement of Paymaster by respective third parties.

iOS Platform

If you are an iOS device user, the terms in this section also apply to you:

You acknowledge that the Terms are concluded between you and Provider only, not with Apple, and that Provider, not Apple, is solely responsible for Paymaster application and the content thereof, excluding user content.

The license granted to you must be limited to use Paymaster only as permitted by the Usage Rules set forth in the App Store Terms of Service, except that Paymaster may be accessed and used by other accounts associated with the purchaser via Family Sharing.

Provider and not Apple is solely responsible for providing any maintenance and support services with respect to Paymaster. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Paymaster.

In the event of any failure of Paymaster to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Paymaster, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of Provider.

Provider, not Apple, is responsible for addressing any your or third-party claims relating to Paymaster or your possession and/or use of Paymaster, including, but not limited to, product liability claims, any claim that the Paymaster fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.

You acknowledge that, in the event of any third-party claim that Paymaster or your possession and use of Paymaster infringes that third party\’s intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You acknowledge and agree that Apple and Apple\’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

Auto-renewable nature of subscriptions: subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user\’s Account Settings after purchase.

Export Control

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country and you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law and Disputes

Unless otherwise required by a mandatory law of any jurisdiction, the Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the Russian Federation. All court disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the Provider (Russian Federation, Moscow, Vucheticha street 22).

Severability

If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.

Language

We agreed on English as a primary language of communication between you and the Provider. All information about Paymaster is available in the English language. The Terms are available in the English language only. English shall be also the binding and controlling language for the additional agreements concluded pursuant to the Terms.

Complaints and Contact Information

Your questions, complaints or claims with respect to Paymaster should be directed to email: support@paymaster.site