Terms and conditions

Effective 16 september, 2021

Please read the following Terms and Conditions carefully before you use any service provided by Mikita
Danko. Your
use of the products of Mikita Danko will be subject to these terms, and by using the products of Mikita
Danko you
agree to be bound by them.

1. Introduction.

Mikita Danko («Mikita Danko», «We», «Us,» «Our», «Company») develops mobile applications («Our Products»).
Our Apple
Applications may be downloaded from the App Store, which is operated and owned by Apple Inc. and other
companies
within
its group («Apple»). Our Android Applications may be downloaded from Google Play, which is owned and
operated by
Google
Inc. and other companies within its group («Google»). The Mikita Danko website (the «Website»), all other
products
and
services, including mobile apps (the «Application»), and all content offered as part thereof, are
collectively
referred
to herein as the «Services» and are offered to you by Mikita Dank. Our goal is to help people lead a healthy
way of
life
through health and well-being activities. Our Products offer content, features, functionality, and other
information
and
services including, without limitation, viral, embeddable or application/device-based features and related
technology,
also when accessed via the Internet, mobile or other devices (collectively, «Our Services»). We develop Our
Products
for
informational purposes only. Subscribers, account holders, customers, users, and others who download,
access, use,
purchase and/or subscribe to the Services («you») agree to these Terms and Conditions (the «Terms and
Conditions»).
By
agreeing to these Terms and Conditions, you confirm that you are solely responsible for your state of
health. These
Terms and Conditions govern your use of the Services and are a condition to your use of the Services.

2. Acceptance of Terms and Conditions.

By using Our Products and Services, you accept these Terms and Conditions. If you do not accept these Terms
and
Conditions, you may not use Our Products and Services Mikita Danko reserves the right to amend these Terms
and
Conditions at any time without prior notice. An up-to-date version of these Terms and Conditions will be
available
on
the official website of Mikita Danko, and any changes will come into effect immediately upon posting. By
continuing
to
use our products, you agree to the amended Terms and Conditions.

3. Intellectual Property.

All texts, graphics, designs, logos, button icons, images, data compilations, and information («Content»)
contained
in
Our Products and Services are the Intellectual Property of Mikita Danko (or belongs to it), and are
protected by
copyright laws. All logos and trademarks displayed in Our Products and Services are registered trademarks or
trademarks
of Mikita Danko. No trademarks may be used without the prior written consent of Mikita Danko except to
identify the
products or services associated therewith. Our Products and all related software, and all patent rights
(including
patent applications and disclosures), copyrights, trade secrets, know-how, and any other intellectual
property
rights
therein or relating thereto (including derivative works), are and shall remain the exclusive property of
Mikita
Danko or
its licensors.

4. Legality of Use.

By using Our Products, you hereby warrant that: (i) all information contained in any submission by you is
either
owned
by you or rights have been granted to you, permitting you to disseminate the information as set forth in
these Terms
and
Conditions; and (ii) the information contained in any submissions by you does not infringe on the
intellectual
property
rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. You
accept
full
responsibility, assume all risk, and waive and/or release Us from any direct or indirect loss, injury, claim
or
damage
arising from your use of Our Products, whether or not such use was appropriately supervised and regardless
of
whether
you were negligent in such use. By using Our Products, you attest and verify that you are physically and
mentally
able
to use Our Products, and knowingly accept and are fully aware of all risks associated with their use.

5. Membership Subscriptions.

Our applications offer subscriptions that grant you access to additional features. A subscription with a
free trial
period will automatically renew to a paid subscription once your free trial expires. If you decide to
unsubscribe
from a
paid subscription before we start charging your payment method, you must cancel the subscription before the
free
trial
ends.

We offer monthly and annual subscription options. Payment will be charged to your credit/debit card through your
iTunes
Account or Google Wallet Account after you choose one of our subscriptions and confirm your purchase. Paid
subscriptions
automatically renew, unless auto-renew is turned off, until canceled in the Manage Subscriptions section of your
account
settings. Auto-renewal may be turned off in your Google Wallet account after purchase. If you purchase a
subscription
through the Google Play store, you may cancel automatic renewals in account settings under Subscriptions in the
Google
Play app, or according to the current process outlined by Google Play. If you purchase a subscription through a
bundle
subscription partner, you may cancel according to the process outlined by the bundle subscription partner. We
will
notify you if the price of the subscription increases and, if required, seek your consent to continue. You will
be
charged no more than 24 hours prior to the start of the latest paid subscription period.

6. Representations and Warranties, Limitation of Liability.

Mikita Danko makes no representations regarding: (a) the credentials of anyone using our Services and/or
Products as
part of any health care or medical plan of care, or plan of treatment («POC»); (b) the suitability of the
exercises
included in any such POC; (c) the viability, medical soundness or efficacy of any such POC; or (d) the
overall
health or
medical benefits you might derive from using our services and products or POC which incorporates our
services and
products. The use of any software or hardware offered by Mikita Danko is no substitute for a consultation by
the
User
with a specialized doctor. Our Services and Products are provided «as is» without any warranties, expressed
or
implied,
including but not limited to the implied warranties of merchantability, used for a particular purpose, or
non-infringement. Mikita Danko makes no representation or warranty that the information contained in our
Services
and/or
Products will be current, timely, complete, accurate, or error-free. To the extent that the law does not
permit the
disclaimer of warranties, all content accessible in our services and products, or any other web site to
which our
services and products link, is warranted only to the minimum amount legally required. In no event shall
Mikita Danko
be
liable to any party for any direct, indirect, special or other consequential damages for any use of this in
our
Services
and Products, or on any linked web site, including, without limitation, any lost profits, business
interruption or
otherwise. Mikita Danko shall be liable as currently provided for by law, regardless of the statutory basis
of such
liability (pre-contractual, contractual, tort) only if Mikita Danko has caused specific damage willfully or
with
gross
negligence. In the event of slight negligence, Mikita Danko shall not be liable to other businesses and
shall be
liable
to consumers only for personal damages, Mikita Danko shall not be liable to businesses for follow-on
damages, mere
pecuniary losses, lost profits, or damages resulting from claims from third parties.

7. Restrictions on Use of the Service.

In addition to any other restrictions set forth in these Terms and Conditions, and without limiting those
restrictions,
when using the Service, you agree not to: make unauthorized copies or derivative works of any content made
available
on
or through the Service; use any device, software, or routine to interfere or attempt to interfere with the
proper
working of the Service; attempt to decipher, decompile, disassemble, or reverse engineer any of the software
or
source
code comprising or making up the Service; delete or alter any material Mikita Danko or any other person or
entity
posts
on the Service; frame or link to any of the materials or information available on the Service; alter,
deface,
mutilate,
or otherwise bypass any approved software through which the Service is made available; use any trademarks,
service
marks, design marks, logos, photographs, or other content belonging to Blakitech LLC. or obtained from the
Service;
provide any false personal information to Mikita Danko; solicit or collect personal information from other
Users;
disclose personal information about a third person on the Service or obtained from the Service without the
consent
of
that person; use the Service to send emails or other communications to persons who have requested that you
not send
them
communications; use the Service, withoutMikita Danko’s express written consent, for any commercial or
unauthorized
purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
or
violate
any applicable federal, state, or local laws or regulations or the terms of this document.

8. Privacy Policy.

Please see the Privacy Policy. Please bear in mind that we might refuse or limit your access to our Products
in case
you
refuse to accept the Privacy Policy. If you have a membership subscription and you do not accept or refuse
to accept
any
new Privacy Policy that we might release in the future, and that is not decreasing any of your existing
rights, we
might
refuse or limit your access to our Products without compensating any fees paid for your membership
subscription. You
can
still use our Products once you accept said new Privacy Policy. Your account will be put on hold, and no
further
automatic renewals of your subscription will be possible. We will need your active acceptance only in the
case we
materially change our Privacy Policy due to legal requirements or in the course of compliance procedures
(for
example,
if we amend the types of personal data we collect from you, your rights, or change data processing
purposes). For
any
technical or non-material changes, your continued use of our Products will constitute a valid consent with
such new
Privacy Policy.

9. Maintenance.

Mikita Danko is not responsible for any outages or service interruptions that occur from time-to-time when
using Our
Products, including those due to software, hardware, or power failures, or issues at the wireless carrier
level. In
addition,Mikita Danko is not responsible for the products and services provided by others, including any
User’s
mobile
handsets or wireless data networks. Mikita Danko, in its sole discretion, reserves the right to add or
remove
operating
systems based on commercial factors it deems relevant, such as use, adoption, and appeal of the operating
system.

10. Content Created by Users and Rights to Such Content.

The User consents that as a result of the automatic evaluation of the way the User uses Our Products, he/she
may be
exposed to certain offers and/or marketing messages tailored to such User. The User consents that marketing
measures
may
also be taken in relation to created content, which are marketed by Mikita Danko The User grants Mikita
Danko the
irrevocable, free, non-exclusive, and unlimited right to use all content generated, transmitted, saved and
published
by
such User. Accordingly, Mikita Danko shall have the right to use all content, irrespective of the type of
usage.
This
shall include the right to change and edit such content, unless such changes or edits impair the material
interests
of
the User. In this connection, the User waives, to the legally permissible extent, all intellectual property
rights.
Mikita Danko does not claim ownership of any content created by Users and will not supervise such content.

11. Territory.

The term «Territory» means the Republic of Belarus, its territories possessions. Any additional Territories
shall be
subject to mutual approval.

12. Governing Law.

These Terms and Conditions, any non-contractual obligations arising in connection with them, and litigation
between
the
Users and Mikita Danko shall be subject to Republic of Belarus law only. The state courts in Minsk shall
have
non-exclusive jurisdiction to determine any dispute arising in connection with these Terms and Conditions,
including
disputes relating to any non-contractual obligations.

13. Use by Minors.

General age limitation. Our Products are not intended for children under 18 years old. By using this site,
you agree
to
the Terms and Conditions presented here. If you do not agree to these Terms and Conditions you may not use
this
Website.
By using this site, you agree that you are of at least 18 years of age.

If you are aware of anyone under 18 using our Products, please contact us atdankonikitaproject@gmail.com ,
and we
will
take required steps to delete or terminate their account.

14. Disclaimer of Warranties.

You agree that the use of the Services is entirely at your own risk. The Services are provided on an «as is»
and «as
available» basis. The Company expressly disclaims all warranties of any kind, whether express or implied,
including,
without limitation, any warranties of merchantability, fitness for a particular purpose, and
non-infringement. The
Company does not make any warranty that the services will meet your requirements, or that access to the
services
will be
uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The Company makes
no
warranties as to the results that may be obtained from the use of the Services or as to the accuracy,
quality, or
reliability of any information obtained through the Services. The Company disclaims any warranties for other
Services or
goods received through or advertised on the Services, or accessed through any links on the Services. The
Company
disclaims any warranties for viruses or other harmful components in connection with the Services. Some
jurisdictions
do
not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may
not
apply
to you insofar as they relate to implied warranties.

15. Limitations of Liability.

Under no circumstances shall the Company be liable for any damages resulting directly or indirectly from any
aspect
of
your use of the Website, Content, or Services. You must evaluate, and agree to bear all risks associated
with, the
use
of any content, including any reliance on the accuracy, completeness, or usefulness of the services. You
specifically
acknowledge that the Company is not liable for the defamatory, offensive, or illegal conduct of Users or
third
parties.
Additionally, in no event will the Company be liable for any special, indirect, incidental, punitive, or
consequential
damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement
of
substitute products or services, or any other such damages, howsoever caused, and on any theory of
liability,
whether
for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1)
the use
of, or
the inability to use the Services; (2) the cost of procurement of substitute Services, items, or Website;
(3)
unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any
third party
on
the Services; or (5) any other matter relating to the Services. These limitations will apply whether or not
the
Company
has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of
any
limited
remedy. You acknowledge and understand that the disclaimers, exclusions, and limitations of liability set
forth
herein
form an essential basis of the agreement between you and the Company and that absent such disclaimers,
exclusions,
and
limitations of liability, the Terms and Conditions and your access to the Websites and Services would be
substantially
different. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of
the
foregoing limitations may not apply to you.