ACCEPTING THE TERMS OF THE USER AGREEMENT BY CLICKING ON THE APPROPRIATE BUTTON “I ACCEPT THE TERMS OF THE AGREEMENT” OR BY DOWNLOADING, USING THE PROGRAM, ACTIVATING THE ACTIVATION KEY OR USING THE SOFTWARE, YOU CONFIRM THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD ITS CONTENT AND AGREE TO COMPLY WITH ITS TERMS.

1. GENERAL PROVISIONS

1.1. This agreement (hereinafter – “Agreement”) is considered concluded from the moment the User performs the actions for acceptance, indicated in this Agreement.

1.2. The Rightholder has the right to change the terms of the Agreement unilaterally, by publishing a new version of the Agreement on the page at https://boosterx.org/useragreement. The User undertakes to regularly check the content of the Agreement for changes in the terms.

1.3. The use of the Software is permitted only on the terms of this Agreement. In case of disagreement of the User with any of the terms of the Agreement, the Agreement is not concluded, and the User has no right to use the Software.

1.4. In case any part of this Agreement is recognized as having lost its legal force (invalid) and not subject to execution, the rest of the Agreement retains its legal force and is subject to execution.

1.5. The algorithms of the Software and its source codes (including their parts) are a trade secret of the Rightholder. Any use of them or use of the Software in violation of the terms of this Agreement is considered as a violation of the rights of the Rightholder and is a sufficient reason for depriving the User of the rights granted under this Agreement.

2. TERMS AND DEFINITIONS

2.1. The Program – a program for the EVM BoosterX, which is a set of data and commands intended for the operation of computers and other computer devices for the purpose of obtaining a certain result within the open functionality, performing data exchange with the Server.

2.2. Account – the User’s account, identified by the data specified during registration, available through the Site or the Program, in which the User can change the settings of the Program and license parameters.

2.3. Site – a set of integrated software and hardware and technical means, as well as information intended for publication on the Internet and displayed in a certain textual, graphic or sound forms at https://boosterx.org/.

2.4. Server – a hardware complex consisting of several server computers, configured and administered in such a way as to ensure sufficient performance of the Program when used by the User.

2.5. User – an individual who has accepted the terms of this Agreement.

2.6. Activation Key PRO (hereinafter – “Key” or “Activation Key”) – a license providing the User with access to additional functionality of the Software.

3. SUBJECT OF THE AGREEMENT

3.1. The subject of this Agreement is the provision by the Rightholder to the User of a simple non-exclusive license to use the Program in the manner and on the terms provided for by this Agreement.

3.2. This Agreement applies to all updates of the Program that are transferred or made available to the User under this Agreement.

3.3. The Program is the result of the intellectual activity of the Rightholder and is protected by the legislation on copyright. The Rightholder guarantees that he has all the necessary rights to grant the User the right to use the Program under this Agreement.

3.4. The territory of use of the Program under this Agreement is not limited.

3.5. The subject of the Agreement is not the sale of goods, provision of services and performance of works by the Rightholder.

3.6. The User undertakes to provide reliable data when using the Program, and bears full responsibility for providing unreliable data.

4. SCOPE OF LICENSE

4.1. The license granted to the User includes the right to use the Program for the period of time and in the amount of open and accessible functionality provided by the Activation Key PRO paid by the User.

4.2. The User is given the opportunity to change the settings of the Program, within the limits established by the Rightholder.

4.3. The User is not entitled to:

4.3.1. Access the source code of the Program, edit and/or study the source code of the Program, disclose the technology of the Program’s operation.

4.3.2. Use the Program for illegal actions, including, but not limited to: violation of intellectual property rights, spamming, sending threats and insults, spreading false advertising, inciting violence, mass riots, extremist or terrorist activities, participation in mass (public) events held in violation of the established order, unauthorized access to computer information or its changes, disclosure of information constituting a specially protected by law secret; persuasion or other involvement of minors in committing unlawful acts that pose a threat to their life and (or) health or to the life and (or) health of other persons, disrupting the operation of critically important infrastructure objects.

4.3.3. Copy, reproduce the Program or its individual elements and store the Program on a material medium for the purpose of transferring to third parties.

4.3.4. Place in the Program and/or using the Program files of viruses and other malicious programs, distribute malicious programs using the Program.

4.3.5. Attempt to circumvent the technical restrictions set in the Program.

4.4. The results of the use of the Program by the User, including all types of input data, or data obtained as a result of the operation of the Program, including on the User’s devices, as well as the exclusive right to such objects, belong to the Rightholder.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1. The Right Holder has the right to:

5.1.1. Check the User’s compliance with the terms of this Agreement, including, but not limited to, by checking the integrity of the Program files, conducting diagnostics, requesting event logs, launching the Program in test modes or collecting technical information about the device on which the Program is used.

5.1.2. Expand and improve the functionality of the Program, update the Program without notifying the Users.

5.1.3. Set the price for using the Program, including for Users who started using the Program free of charge.

5.1.4. Make changes to the Rates without prior notice to the User.

5.1.5. Block access to the Program in case of: violation of the User’s terms of this Agreement or by decision of the court or other competent state authorities; if such an Account is created by the User in addition to the one he already has; actions or inaction of the User that may lead to failure of the technical and/or software means of the Licensor and third parties; in case of detection of a DDoS attack directed at the equipment or network resource of the Licensor; if there are suspicions that third parties have illegally accessed the User’s Account; if there are suspicions of committing or committing by the User other actions that are directly prohibited or not provided for by the Agreement, but containing or constituting an administrative offense or criminal offense, or violating the rights and legitimate interests of third parties; carrying out by the User of activities related to the search for vulnerabilities of computing resources belonging to the Right Holder or a third party, in the absence of a prior agreement with the Licensor or a third party on its conduct, as well as in case of receiving claims for the use of the Program from third parties.

5.1.6. Conduct incentive actions, including by issuing promo codes, providing Users with temporary preferential terms of use of the Program.

5.1.7. Suspend access to the Program or Server for the time necessary to carry out preventive (scheduled) work in the networks and on the objects of the Right Holder.

5.1.8. Process personal data that became known to the Right Holder due to the execution of this Agreement, namely: to carry out collection, recording, systematization, accumulation, storage, clarification (updating, modification), use, deletion (destruction), transfer (provision) to third parties for the purposes related to the implementation of the rights and obligations under this Agreement and for the purposes of providing the Right Holder to the User a simple non-exclusive license to use the Program in the manner and on the terms provided for by this Agreement.

5.2. The Right Holder undertakes to:

5.2.1. Provide the User with a simple non-exclusive right to use the Program after payment of the license.

5.3. The User undertakes to:

5.3.1. Independently ensure the technical possibility of using the Program, including: – uninterrupted access to the Internet; – the presence on the User’s computer, from which access to the Program is carried out, of the necessary software and the amount of memory necessary for installing the Program.

5.3.2. Maintain the operability and correct functioning of their devices.

5.3.3. Ensure the safety of the access parameters received from the Right Holder to the Program in order to protect against unauthorized access.

5.3.4. Use the Program in accordance with the rules and restrictions established by this Agreement and the materials on the Site.

5.3.5. Provide the Right Holder with the opportunity to freely check compliance with the terms and restrictions in the process of using the Program.

5.3.6. Independently maintain the operability and correct functioning of their devices.

5.3.7. Regularly visit the Site and familiarize yourself with the official information published by the Licensor.

5.3.8. In cases of transfer of personal data of third parties to the Right Holder, the User guarantees the availability of powers to distribute such personal data.

5.4. The User has the right to:

5.4.1. Use the Program at your own risk, taking into account that it is provided “as is” (“as is”) and does not have guaranteed protection from errors or incorrect actions in the process of its use.

6. PROCEDURE FOR TRANSFER OF RIGHTS

6.1. The transfer of the right to use the Program to the User is carried out by activating the Program with the Activation Key PRO after purchasing the key.

6.2. The transfer of the Program on a material medium is not carried out.

7. PAYMENT PROCEDURE

7.1. The Right Holder provides the User with the Activation Key PRO for a set fee.

7.2. The key is sent to the User’s e-mail, specified on the order page, after confirmation of payment, within 5 minutes.

7.3. The key for the Software is a unique identifier that provides the ability to use all the features of the Software only on the device on which it was activated.

7.4. The User who was provided with the Activation Key, modifying, updating or replacing their device on which the Activation Key was activated, changes the unique identifier of their device. As a result, the User loses the Activation Key, because the Software loses the connection between the Activation Key and the device on which the Activation Key was bound.

8. LIABILITY OF THE PARTIES

8.1. The Parties to this Agreement are liable in accordance with the applicable law.

8.2. The User assumes full responsibility for the results of their actions in the Program, as well as for the actions in the Program of third parties to whom the User has provided access to the Program. The Right Holder is not responsible for the actions of the User in the Program and does not guarantee the correction of the results of the User’s actions.

8.3. The Right Holder is not responsible for the impossibility of using the Program by the User for reasons beyond the control of the Right Holder.

8.4. The User is responsible for the legality of using the Program, for possible claims of third parties to the User and their consequences.

8.5. The Right Holder is not responsible for the result of using or the usefulness of using the Program, provided under this Agreement, as well as for the quality of the User’s access to the Program.

8.6. The User is responsible for the security of the access parameters that provide the User’s access to the Program and for the losses that may be caused as a result of unauthorized use of his access.

8.7. The Right Holder is not liable to the User for any damage, any loss of income, profit, information or savings, related to the use or inability to use the Program, including in case of prior notice from the User about the possibility of such damage, or by any claim of a third party.

8.8. The Right Holder does not guarantee the full functionality of the Program and the absence of errors in it. The Licensor is not responsible for interruptions in the functionality of the Program, related to software and/or hardware failures that occurred at the Licensee, as well as as a result of actions/inaction of any third parties.

9. RESPONSIBILITIES AND RIGHTS OF THIRD PARTIES

9.1. User acknowledges and agrees that this program uses the Nvidia and Microsoft API for certain features and capabilities. All trademarks, logos, names, and other forms of intellectual property owned by Nvidia and Microsoft are their property. The user acknowledges that they have no rights to these trademarks, logos, and names, and cannot use them without prior written permission from the respective owners.

9.2. Nvidia and Microsoft are not associated with this program and are not responsible for its operation, including but not limited to Windows optimization and Nvidia settings management. All questions, complaints, and claims related to the use of this program should be directed directly to the program developer.

9.3. The user agrees that when using this program, their data may be transmitted through the Nvidia and Microsoft API. The user must read and agree to the Nvidia and Microsoft privacy policy.

9.4. The user acknowledges and agrees that this program provides access to free programs from the Microsoft Store. These programs are provided “as is” and “as available”, and the developer of this program is not responsible for their operation, availability, security, or any other aspects of their use.

9.5. The user agrees to use these programs in accordance with their respective license agreements and terms of use.

9.6. This section of the user agreement may be changed at any time without prior notice. The user undertakes to regularly check this section for updates. Continued use of the program after changes to this section will be considered acceptance of these changes.

10. EFFECT OF THE AGREEMENT

10.1. In case of violation by the User of the terms of this Agreement, the Licensor has the right to terminate the Agreement and immediately block access to the Program without any compensation. In this case, the return of the license fee is not made.

10.2. The Right Holder has the right to refuse to perform the obligations under this Agreement without explaining the reasons, by sending a notice to the User.

11. DISPUTE RESOLUTION

11.1. All disputes and disagreements that may arise between the Parties on issues related to the performance of this Agreement, will be resolved by the Parties through negotiations.

11.2. In case the Parties do not settle the disagreements through negotiations, such disagreements are resolved by the Parties in court at the location of the Right Holder.

12. FINAL PROVISIONS

12.1. The relations of the Parties under this Agreement are governed by the current legislation of the Russian Federation.

Privacy Policy

The privacy policy applies to Users of the Software who comply with this Agreement. The Software does not collect and transmit personal data of the User. The Software does not collect information that allows to identify the User. The Software uses only those information that determine the algorithms of the Software’s work with the User’s operating system, as well as the means described in this Agreement. The Software was developed, is developed and will be developed in such a way that the User’s data cannot be compromised. The User’s data, his experience of use and statistics of use of his device are not processed by the Software, and will never be processed. The Software was created with a focus on the User’s right to personal secrecy and privacy. In some cases, the User provides information about his device and data that is processed by his operating system, and also expresses consent to the study or processing by the Right Holder of the data provided, provided by the current legislation of the Russian Federation as non-automated and automated methods.

Responsibility and warranties

The Software is provided by the Right Holder on an “as is” basis, which means a waiver of any warranties regarding the stated or implied properties of the Software. Any statements, assurances regarding the properties of the Software or its functions are technical information and are not a warranty obligation of the Right Holder. The Right Holder is not liable for any direct or indirect consequences of any use or non-use of the Software and/or damage caused to the User and/or third parties as a result of any use or non-use of the Program, including due to possible errors or failures in the operation of the Program.

Property right

This Agreement gives the User a limited right to use the Software. The Right Holder retains all rights, including all copyrights and other intellectual property rights, relating to the Software. All rights not specified in this Agreement, including federal and international copyrights, belong to the Right Holder. Copying and distribution of the Software is allowed with the approval of the Right Holder individually upon request.

Right Holder:

IP Xenofontov Iosif Yuryevich

TIN 143000775442

OGNIP 322140000020402