TERMS OF SERVICE

This Terms of Service (this “Agreement”) is a legal agreement between you (hereinafter referred to as “You” or “Your”) and Sied LTD (hereinafter as “Gavada ”, “we”, “our” or “us”) regarding your downloading, installation and use of our mobile software.(the “Software”) and related services(the “Service”).

YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. Gavada has the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software. You understand and agree that if you continuously use the Software after the date on which these terms have changed, will treat your use as acceptance and compliance with the updated terms.

1.Intellectual Property Policy

1.1 The Software is developed by Gavada independently. You acknowledge and agree that it retains all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interfaces, frameworks, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People's Republic of China and relevant international agreements and other intellectual property laws and regulations.

1.2 You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of Gavada (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so). Gavada reserves the right to charge the tort liabilities.

1.3 You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Software, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. Gavada reserves the right to charge the tort liabilities, unless you have been granted by Gavada, in writing.

2.Scope of License

2.1 Gavada gives you a non-exclusive, non-assignable license to download, install and use the Software. In no way can the users use it for commercial purposes.

2.2 You may not use the Software in a way that may lead to damage, suspension, overloading or quality reduction to the Software (or server and internet connected to the Software), or in the way that may affect the Software and the Service provided to any other users.

2.3 You promise not to copy, grant a sub-license, share or sell the Software or the Service. You are fully responsible for any fees created by or rising from your own factors. Gavada does not assume any liability.

2.4 Rights reserved. Gavada reserves all rights not expressly granted to you. You are required to obtain additional consent to use other software owned by Gavada.

3.Notice to End Users

3.1 You agree to use the Software in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under national laws and regulations, related policies, or this Agreement and for the consequences (including the loss and damages to the Software and any third-parties) of any such breach. You have no right to conduct following behaviors (including but not limited to):

3.1.1 Delete copyright information, content on the Software or other copies;

3.1.2 Reverse engineer, decompile or extract the source code of the Software;

3.1.3 Conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account；enter public computer network or other's computer system to delete, modify, add stored information without permission; attempt to search, scan, test the Software system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the Software system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package

3.1.4 Sell, rent, loan, deliver, transfer or sub-license the Software and the Service, or related links, or benefit from using the Software and the Service, or barely benefit from the agreements, regardless of whether the use above brings direct economic gain or pecuniary gain;

3.1.5 Use the Software and the Service provided by Gavada in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement; Gavada reserves the right to terminate, fully or partially suspend, limit functional features of user's account, without prior notice, if the user has breached the terms of this Agreement.

3.2 Gavada does not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your use of the Software.

4. Advice Service

4.1 Advice Service is a service that provides a platform for advice-seekers and independent, professional psychic advisors (“Advisor(s)”) to interact and communicate with each other through live chat, live call or recorded video. It allows you to search for, engage and submit questions to Advisors who provide personalized advice (“Advice Service”).

4.2 Advisors are not our employees, consultants, agents or representatives. Advisors use the Advice Service to provide you with personalized readings and psychic advice for entertainment purposes and any consultation with any Advisor or any information provided by any Advisor is not a substitute for the advice and counsel of a qualified professional. We do not guarantee the verification of qualifications, certifications, credentials, competence or background of any Advisor. Your relationship relating to the Advice Service is strictly and solely with the Advisor. We do not endorse, recommend, evaluate, warrant or guarantee any opinion, response, advice, prediction, recommendation, information or other service provided by any Advisor. The provision by the Advisor of any Advice Service, irrespective of its form, does not entail any approval by Gavada . Advisors are not permitted to request your personal contact information, real name/ nickname, email address, date of birth, gender address, credit card, paypal account or other payment information, or other sensitive information of a similar nature. We do not guarantee the accuracy of any advice exchanged.

4.3 Gavada IS A SOFTWARE DEVELOPMENT COMPANY THAT BUILT THE SOFTWARE TO CONNECT ADVISORS AND ADVICE-SEEKERS - IT DOES NOT DIRECTLY OFFER OR SELL ANY ADVICE OR SERVICE. The advisor is completely responsible and liable for his/her own actions, videos, audio, chat, dialogue, recorded videos, advice and all decisions related to the provision of the Advice Service hereto.

4.4 WE PROHIBIT DISCLOSURE OF PERSONAL CONTACT INFORMATION TO OTHER USERS, INCLUDING USERS AND ADVISORS. THIS INCLUDES, BUT IS NOT LIMITED TO, PHONE NUMBERS, ADDRESSES, AND E-MAIL ADDRESSES. IF YOU PROVIDE CONTACT INFORMATION TO ANOTHER USER OR ADVISOR, YOU DO SO AT YOUR OWN RISK AND YOUR ACCOUNT MAY BE SUBJECT TO TERMINATION.

5. Paid Services

5.1 Subscriptions

Subscription provides access to dynamic content or services from within this Product on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in this Product (“Subscription Period”). Payment will be taken from Your iTunes account when You confirm the Subscription by available confirmation tools of this Product.

5.2 Trial

Trial Subscription is offered free of charge for a certain period of time from activation specified in the relevant offer in this Product. If you do not cancel the Subscription within such period, Subscription fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the 3 days trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. We cannot cancel your free-trial subscription if it has already been activated.

5.3 Auto-renew

Subscription is automatically renewable, unless you turn off it at least 24 hours before the expiry of the current Subscription. Subscription fee shall be taken from Your iTunes account during 24 hours preceding the expiry of the current Subscription. In case Subscription fee cannot be taken from Your Account due to absence of monetary funds, invalidity of credit card or for any other reasons, Your Subscription is automatically cancelled.

5.4 Cancel subscriptions

Once you have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your iTunes account setting. You cannot cancel Your current Subscription if it has already been activated.

If you properly terminate your paid subscription, you will not be charged for future months (or other periods, as stated in the subscription terms). However, you will not receive a refund for an unused portion of a month (or other period) for which you have already paid.

5.5 We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change within the App. Your continued use of the App after the fee change becomes effective constitutes your agreement to pay the changed amount.

YOU ACKNOWLEDGE THAT IF YOU ELECT TO PURCHASE A SUBSCRIPTION YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES (INCLUDING OUR FEES AND CREDIT CARD HANDLING FEES) HAVE BEEN INCREASED.

6. Content

6.1 If you create, post, displays, submit or choose to make available any content (the “Content”) such as comments, questions and other content or information to the Software, or allow any third party to create or submit Content to the Software, you are solely responsible for the Content and any loss or damage resulting from the Content. That is the case regardless of whether the Content in question constitutes text, graphics, video, location data, or binary data.

6.2 By sharing and posting any Content through the Software and Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, produce, modify, publish, edit, translate, distribute, publicly display and make derivative works of all such Content, in whole or in part and in any form, whether now known or hereafter developed, for use in connection with the Software and Services and for our commercial, marketing, advertising, and other purposes. We have the right in our sole discretion to remove any Content that is shared via the Software and Service.

6.3 You represent and warrant that the Content you post or submit on the Software and our use thereof as contemplated by this Agreement will not violate any law or infringe any rights of any third party, including without limitation to copyright, patent, trademark, trade secret rights or rights of privacy, of any third party. We take no responsibility and assume no liability for any Content that you or any other user or third party posts or sends over the Software. You shall be solely responsible for your Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Content. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of such Content.

6.4 You agree that the Content is not pornographic content, does not contain threats or incites violence against individuals or entities, does not contain any information that is illegal, in violation of any agreement executed with us, or that you know is not correct.

6.5 On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether Content complies with this Agreement. We may terminate your right to use the Software if Content is in violation of this Agreement, at any time, without prior notice and at our sole discretion.

7. Use by Juveniles

The Software does not directly target any juvenile users. If you are a juvenile user and decide to use the Software any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the Software under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the terms of this Agreement and other related legal documents in order to guide you to use the Software in a correct way.

8. Privacy Policy

Use of the Software is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed a Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read the policy carefully and use it to make informed decisions.

9. Limitations of Liabilities and Disclaimer

9.1 You acknowledge and agree that the Software and the Service may have potential risks like service interruption, failure to respond to users' requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall Gavada be liable for any risks stated above.

9.2 Gavada is not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.

9.3 In view of business development and adjustment, Gavada reserves the right to amend or terminate services without prior notice to users at any time, and is not liable for users and any other third-parties when executing this right.

9.4 The Software which is not officially released or authorized by Gavada and the derivative works of the Software are illegal. User's downloading, installation, and user this software may lead to unexpected risk. Gavada is not liable for any legal liabilities, issues arising from it.

9.5 You agree to the most extent under applicable law, Gavada owns other disclaimer rights not listed in this Agreement.

10. Termination

10.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.

10.2 Unless Gavada unilaterally terminates this Agreement or you terminate this Agreement as above, this Agreement and the terms (including the updated agreement following) will remain effective.

10.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. Gavada and any other third-parties have on need to send your additional notice.

10.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.

11. Others

11.1 You agree that if Gavada does not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of Gavada Digital's rights and Gavada has the right to continuously exercise or enforce the right or regulation.

11.2 Without written authorization from other sides, a user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.

11.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.

11.4 Gavada reserves the final interpretation right on this Agreement.

11.5 If you have any comments on the Software and the Service or this Agreement, you may contact us KedrilAmalazinov@gmail.com, and we will use our best efforts to provide you with timely and necessary assistance.