End User License Agreement

Effective Date: 17.04.2023

1. Introduction and Scope

1.1. Clicking “Accept” at the registration form and/or using the Eyestock means that you are acquainted and agree with the underwritten Agreement, and unconditionally accept all of its terms.

If you do not agree with the entire Agreement you have no right to use Eyestock and its services and must leave the site immediately.

This End User License Agreement (“EULA” or "Agreement") constitutes and governs the contractual relationship between the parties: APL Publishing Ltd., a Cyprus company having its registered address at Neofytou Nikolaidi & Kilkis, 35, Flat/Office 312, 8011 Paphos, Cyprus (hereinafter referred to as “Company”); and you, as the user, hereinafter referred to as “You” or “User”.

2. Documents forming part of this EULA

2.1. The hereunder list of documents form an integral part of this EULA:

• Privacy and Cookies Policy.

The documents will permanently be accessible on the website in its actual version for review and print under

3. Definitions

3.1. The following words and terms, should be interpreted as follows, unless the context clearly implies otherwise, and shall apply to all the sections of this EULA and to every document forming part of this EULA:

“Account” shall mean a personal account opened by the User and maintained by the Company, which shall contain Account Information.

“Account Information’’ shall mean the login and password, username and other data that enables User identification in Eyestock.

“Agreement’’ shall refer to this EULA, including all documents forming an integral part of this EULA and also other rules and instructions placed by the Company on the Site or sites of the Company’s partners.

"Subscription Fee" means the fee payable to Company for the license to use the Eyestock in accordance with this Agreement.

“EULA” shall refer to this End User License Agreement.

"Eyestock" shall refer to a computer program, including updates to it and additional functionality, and any of its components and elements, including databases and other objects of copyright and trademarks, hosted and available for use by registered users on an Internet resource located on the Site (https://eyestock.io/) or on mobile platforms (if available).

"Exchange" shall mean Public Joint-Stock Company Moscow Exchange MICEX-RTS (Registration Number 1027739387411; TIN 7702077840; Address: Russian Federation, Moscow, Bolshoy Kislovsky pereulok, 13).

“Password” shall mean the password details that are chosen by the User upon registering with Eyestock.

“Parties’’ shall collectively mean the User and the Company.

“Site” shall mean a website located at https://eyestock.io/ that provides the End User with access to Eyestock. Company places on the Site information that is mandatory for End Users.

“User’’/“You/r’’ shall mean the individual who has accessed Eyestock and/or its trial versions and/or uses the Site, Materials, other services, as before the registration procedure and after the registration procedure.

“Privacy and Cookies Policy” refers to the document covering the privacy of Users and the storage of cookies.

Other terms, definitions and word combinations used in Eyestock shall have the meaning and interpretation that established practice has assigned to such terms, definitions and word combinations at work in the field of Internet technologies and according to the Governing Law.

4. Amendments to this EULA

4.1. The Company hereby reserves the right to suspend, add, end, amend and/or supplement this EULA together with the documents forming an integral part of this EULA at any time as the Company may deem appropriate, provided the prior notice as follows: the Company will post updated version of this EULA on the Site, and or the Company will inform you of the particular changes in advance via e-mail or provide other sufficient notice as the Company may elect in its sole discretion no later than the day when such changes shall come into effect. Any changes will enter into force from the moment of making the corresponding changes and the posting of the updated version on the Site. You shall be deemed to have accepted these changes (i) unless you have notified the Company of your objection to such changes within ten (10) calendar days from the moment of receipt the e-mail notification from us, or (ii) if you use Eyestock or the Site after the changes have entered into force.

5.2. In case you object to any changes the previous version of the EULA shall continue to apply. However, in that case the Company will  have the right to close your Account and terminate this EULA with fourteen (14) calendar days’ notice.

5.3. The Company highly recommends that from time to time the User revises this EULA in order to have knowledge of any modified version of this EULA.

5. Grant of License

5.1. Subject to the terms contained herein, the Company hereby grants the User a nonexclusive, non-transferable, limited, revocable right to use Eyestock for the User’s personal purpose.

5.2. The User hereby acknowledges that Eyestock is being licensed only to the User, and that the User shall not transfer and/or assign this License to any third party.

5.3. Transfer of the exclusive right to Eyestock to a new owner is not a cause which shall necessitate the amendment or cancellation of this EULA.

6. License Limitations

6.1. Any use of Eyestock in violation of this EULA or any other documents forming an integral part of this EULA, and rules of applicable law is strictly prohibited, and can result in the immediate revocation of your limited license and may subject you to liability for violations of the law.

6.2. You hereby acknowledge and agree that You will not under any circumstances:

6.2.1. distribute for commercial or non-commercial purposes the Eyestock or copies thereof, either by distributing tangible media containing it or by posting it on the Internet for download by certain persons or the general public;

6.2.2. translate the Eyestock into other program languages;

6.2.3. distribute outside the Eyestock information, analytical reports and other data contained in it;    

6.2.4. modify, decompile, disassemble, decrypt, or otherwise manipulate the object or source code of the Eyestock in order to violate the Eyestock's protection against unauthorized use and obtain information about the implementation of the algorithms used in the Eyestock Program; create derivative works using the Eyestock without the written consent of the Company.

6.2.5. distribute for commercial or non-commercial purposes, transfer to third parties the right to use the functionality of the Eyestock including data in any form and by any means including electronic, mechanical, photocopying, recording or other means used to copy and transfer information, transmit, demonstrate that information or make it available, as well as use it in game, training or other systems providing and/or distributing data, without written consent of the Company;

6.2.6. transfer the rights granted to the You to use the Eyestock to other Users or third parties through the conclusion of a sublicense agreement or otherwise (unless otherwise provided by the Company);

6.2.7. use software that provides automatic downloading and processing (parsing) of web pages, databases of the Eyestock Program in order to obtain the necessary data (do not "parse" web pages, databases of the Eyestock, etc.).

6.2.8. to create derivative work or data intended for further provision to third parties or public distribution, without written consent of the Company;

6.2.9. use the Eyestock in any way than not permitted by this Agreement.

6.3. Market Data. The Eyestock may contain market data provided by the Exchange, the source and the owner of such data is the Exchange (“Market Data"). 

6.3.1. The User is prohibited to further distribute or provide Market Data to third parties in any form and by any means including electronic, mechanical, photocopying, recording or other means used to copy and transfer information, transmit, demonstrate that information or make it available, as well as use it in game, training or other systems providing and/or distributing data, without written consent of the Exchange.

6.3.2. The User is prohibited to create any data including indices and benchmarks calculated based on Market Data intended for further provision to third parties or public distribution, without written consent of the Exchange. 

7. Intellectual Property Rights

7.1. All right, title and interest in and to all materials that are part of the Eyestock (including, without limitation, data, design, text, graphics, images, video, information, applications, software, music, sounds and other files, and the compilation and distribution thereof), collectively referred to as "Eyestock Materials", as between the Company and you, belong to the Company or its third party licensors. You acknowledge and agree that you do not acquire any property rights by purchasing Eyestock Subscription. You agree not to modify, copy, distribute, incorporate, reproduce, publish, display, transmit, transmit or sell in any form or by any means, in whole or in part, the Eyestock Materials or otherwise use them in any way not expressly set forth in this Agreement. You acknowledge that you do not acquire any property rights by using the Eyestock or accessing any of the Eyestock Materials posted by the Company on the Site, including in respect of derivative works based thereon. All rights not expressly granted in this EULA are reserved by the Company and its licensors, and no rights are conveyed by implication, estoppel or otherwise.

7.2. “Eyestock” and their respective logos are trademarks or registered trademarks of the Company or its third party licensors. You may not use or display such trademarks in any manner, except as expressly set out in this EULA. All third party trademarks and service marks that appear in Eyestock are the property of their respective owners and all rights in them are reserved.

8. Company’s rights and obligations

8.1. The Company shall be entitled to take any action necessary against any User(s) who violate the terms of this EULA and/or documents forming part of this EULA including the restriction and blocking of access to Eyestock. Such actions shall be taken at the Company’s sole discretion.

8.2. The Company shall be entitled to remove and/or change any information, content and Materials which forms part of Eyestock and/ or Site without any prior warning or notification.

8.3. The Company is entitled to close and/or to limit the functionality of Eyestock and/or Eyestock services at any time convenient to the Company, without the prior or following notice to the User.

8.4. The Company shall be entitled to unilaterally terminate this EULA granted herein and to desist from offering Eyestock to the User at its sole discretion and without prior notice and without returning any payments to the User.

8.5. The Company doesn’t bear any responsibility for any direct or indirect damage caused as a result of the use or inability of use of Eyestock, Eyestock Materials or information about Eyestock, as well as in connection with the third parties actions, including other Users of Eyestock. 

9. Account, Password and Security

9.1  You are responsible for providing your login information, for any use you make of it, or for any other use you make of your account ("Account") on the Site. If you do not have an Account, you will be prompted to create one by providing a username and, in some cases, a password when you register in Eyestock. You may also be required to provide a valid email address or other information in order to access the Eyestock or to use certain features. You acknowledge that any information provided to us by you at registration and otherwise is true, valid, current, and complete. You agree to keep your email address accurate and up to date. 

9.2. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You may not reveal, disclose, transfer or share your username and password with anyone. Sharing your username and password is considered a breach of these EULA. You agree that we will not be responsible for any loss or damage resulting from unauthorized access to your information. You agree to notify Eyestock immediately upon your becoming aware of any unauthorized use of your username and password or any other breach of security involving your Account. You further agree to keep any registration information you provide Company current, complete and accurate.

10. Subscribtions; Charges on Your Billing Account

10.1. The subscription terms that are disclosed to you when you subscribe to Eyestock are a part of this EULA. Company bills you through your online account (your “Billing Account”) for subscribing to the Eyestock according to selected subscription plan. You agree to pay Company all charges at the prices you agreed to for subscribing to the Eyestock by using your Billing Account, and you authorize Company to charge your chosen payment provider (your “Payment Method”) for subscribing to Eyestock. You agree to make payment using that selected Payment Method. 

10.2. Your subscription will continue indefinitely until cancelled by you. After your initial subscription period, your subscription will automatically renew for an additional equivalent period, at the price you agreed to when subscribing; provided, however, Company reserves the right to increase the Subscription Fee at any time upon advance notice to you by posting the information on the Site or in the application. By subscribing, you authorize Company to charge your Payment Method at the beginning of your initial subscription period and any subsequent subscription period. Your subscription will not begin until all charges have been processed. You also authorize Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. If you do not wish for your subscription to automatically renew or if you wish to cancel your subscription, written notice must be sent to Company in advance of any renewal subscription period.

10.3. You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as change in billing address, card number or expiration date), and you must promptly notify Company if your Payment Method is cancelled, or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your username or password).

We offer a 14 day money back guarantee for all new subscribers from their sign up date ("Guarantee period"). Past the 14 day Guarantee period any applicable Subscription Fees and charges are NOT REFUNDABLE, except as set forth in the terms of these EULAs or as it provided in the subscription terms or as it is required under the applicable law.

10.5. You may cancel your subscription at any time, and you will continue to receive access to the paid functionality of the Eyestock until the end of your current subscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any amounts already paid to us for your subscription. We may, in our sole discretion, provide refunds, discounts or other arrangements to some or all of our users. The provision of free access or discounts on subscription (plan) purchases does not mean that you acquire the right to such methods in similar circumstances in the future, and it does not obligate us to provide discounts on subscription (plan) purchases in the future in any circumstances. To cancel, email your request to support@eyestock.io.

10.6. Free Trial. If available You may register and create an account for a free trial at no cost. As a free trial member, you may use some, but not all, of the features and services available at Eyestock. You acknowledge and agree that if you are a free trial member some features or services of the Site may be limited.

11. Disclaimer of Warranties

11.1. THE EYESTOCK AND MATERIAL ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES'RIGHTS. YOUR USE OF THE EYESTOCK IS ENTIRELY AT YOUR OWN RISK. FURTHERMORE, ALTHOUGH WE ENDEAVOR TO PROVIDE THE BEST POSSIBLE USER EXPERIENCE ON EYESTOCK, WE CANNOT AND DO NOT WARRANT OR REPRESENT THAT EYESTOCK WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE WARRANT AGAINST INTERRUPTIONS IN CONNECTIVITY OR DEFECTS. THE ABOVE WARRANTY DISCLAIMER APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

12. Disclaimer and Limitation of Liability

12.1. The information posted on the EyeStock.io  is not an individual investment recommendation, is for reference only, is not a public offer to buy/sell any securities or make any other investments, and is used by the User solely at his own risk. EyeStock.io materials should not be considered or used as individual investment advice. EyeStock.io does not carry out investment advisory activities and is not an investment advisor.

12.2. NEITHER COMPANY, NOR ITS AFFILIATES, NOR THEIR THIRD PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN THE SITE, INCLUDING THE CONTENT. COMPANY, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE, INCLUDING INFORMATION, DATA, SOFTWARE, SERVICES, PRODUCTS, INFORMATION OR THE CONTENT CONTAINED THEREIN. THE SITE, THE EYESTOCK AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN ‘AS-IS’ BASIS AND YOUR USE OF THE SITE AND THE EYESTOCK IS AT YOUR OWN RISK. COMPANY, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS DO NOT ACT NOR SHALL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SITE OR THE EYESTOCK. THE EYESTOCK SHOULD NOT BE RELIED ON AND IS NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND YOUR EXPERIENCE OR THE EXPERIENCE OF YOUR ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS.

12.3. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL COMPANY, ITS AFFILIATES, THEIR THIRD PARTY PROVIDERS, AND THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND OPPORTUNITY COSTS, TRADING LOSSES, OR LOST TIME OR GOOD WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR THIRD PARTY PROVIDERS SHALL BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES.

12.4.TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON COMPANY, ITS AFFILIATES OR THEIR THIRD PARTY PROVIDERS, IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF COMPANY, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS IN CONNECTION WITH THE SITE, THE CONTENT AND/OR THIS AGREEMENT, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO YOUR USE OF THE SITE OR THE CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR BROWSING AND USE OF THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.

13. Dispute resolution and Governing law

13.1. The parties hereby agree that the Agreement, this EULA, together with the other documents forming an integral part of this EULA shall be construed in accordance with the Laws of Russian Federation and shall be subject to the jurisdiction of the Courts of Russia. 13.2. The Pre-trial dispute resolution procedure is obligatory. The User’s claims should be sent to APL Publishing Ltd., Neofytou Nikolaidi & Kilkis, 35, Flat/Office 312, 8011 Paphos, Cyprus  and e-mail copy to support@eyestock.io, and such claim should contain the specific list of violations made by the Company, Account information, contact information and User's signature. Non-compliance with the form or content of the claim entails non-compliance with the Pre-trial dispute resolution procedure and the term for claim consideration and for sending the answer may take up to thirty (30) business days from the moment of its acceptance.

14. Waiver

14.1.The Company’s failure or neglect to enforce, at any time, any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of its rights herein, nor in any way affect the validity of the whole or any part of this EULA, nor prejudice the Company’s rights to take subsequent action.

15. Other conditions

15.1. This EULA represents the entire Agreement between You and the Company in relation to its subject matter and supersedes and voids all prior agreements between such parties relating to such subject matter.

15.2. The headings contained in this EULA are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

15.3. In the event that any of these terms, conditions or provisions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

16. Contacts with Us

16.1.User can send any questions, remarks, complaints or comments regarding this Agreement at support@eyestock.io. The Company will consider your questions as soon as possible.

16.2. If the User starts any correspondence with the Company or submits a report about problems with Eyestock, the Company shall have the right to store all this correspondence.