General provisions

Terms

Agreement conclusion and validity term

1. The Agreement is considered concluded from the date of activation:
   - by dialling the *335*1# USSD request and confirming your intent to order Access to the Service for 1 day using the USSD dialogue menu;
   - by dialling the *335*2# USSD request and confirming your intent to order Access to the Service for 28 days using the USSD dialogue menu;
   - by sending an SMS with the text "1" to the number 335 to activate the Content Service for 1 day;
   - by sending an SMS with the text "2" to the number 335 to activate the Content Service for 28 days;
   - in the lifecell music mobile app;
   - by going to http://music.lifecell.ua via a web browser, clicking the Get Password button, and entering the verification code that will be sent to the Subscriber's Device.
   The Content Service is provided by the Content Provider from the moment this Agreement is concluded by the User.This Agreement is valid from the moment the provision of the services specified in Section 4 hereof starts until the User refuses to use the Content Service by:
   - Entering the *335*926# USSD command
   - Sending an SMS with the text "СТОП", "стоп", "Стоп", "STOP", "stop", "Stop" to the short number 335 Access to the Content Service shall be provided using the Operator's telecommunication network by ordering access to the Content Service. When ordering access to the Content Service, the User is charged the Cost of the Content Service by the Operator.
2. By ordering and enabling the Content Service, the Subscriber declares and guarantees that:
   1. The User has carefully read this Agreement, the Terms and Conditions of Telecommunication Services of LLC "lifecell", available on the Operator's official website https://www.lifecell.ua. The User understands all the above conditions and agrees with them unconditionally;
   2. The User has read carefully the requirements to the Subscriber Device to fully receive the Content Service and the User confirms that their Subscriber Device meets such requirements; otherwise, neither the Operator nor the Content Provider guarantees the proper functioning of the Content Service and the ability to access the Content fully.
3. The User's order of access to the Content Service, usage of the Content Service means the User's unconditional consent to all the provisions hereof and of other documents stated in clause 3.2.1 as well as unconditional acceptance of such terms and obligations imposed on the User hereunder and under other documents stated in clause 3.2.1.
4. The User shall familiarise with the contents hereof and of other documents stated in clause 3.2.1 on a regular basis to learn of the changes to them in time. The current version of the Agreement is always available on the website at http://music.lifecell.ua. The current version of the Terms and Conditions of Telecommunication Services of LLC “lifecell” is always available on the Operator's official website at https://www.lifecell.ua.
5. Using the Content Service after any changes to the Agreement means that the User agrees to such changes and/or additions.
6. If the User does not agree to comply with the Agreement in whole or in part, the User has the right not to order the Content Service, and to refuse it if the Content Service has already been ordered.

Services provided under the Agreement

1. Description of the Content Service - As part of the Content Service, the Content Provider provides the Users with real-time access to the Content,as well as provides the following features:
   • Trial Period;
   • Listening to the Content within the Content Service;
   • Ability to listen to the downloaded cached Content offline (in particular, if you don't have access to the Internet);
   • Content recommendations for new products, albums, playlists, and genres;
   • Ability to create your own playlist from the Content offered as part of the Content Service;
   • Ability to interact with the Content: play, pause, rewind, switch to the next song, loop listening;
   • Access to the Content details: titles of the songs offered and available (song title, artist, album cover);
2. Connection
   1. To obtain the Content Service, the User must have:
      • A Subscriber Device;
      • An active Internet connection with a connection speed of at least 128 KB/s to listen to the Content;
      • An installed lifecell music mobile app on the Subscriber's Device or access to the web portal http://music.lifecell.ua using the Subscriber's Device and/or a personal computer.
   2. To connect the Content Service, the User must activate it in one of the following ways:
      • On the web portal https://music.lifecell.ua
      • In the lifecell music mobile app
      • Via USSD – by dialling the free *335*1# USSD request for 1 day
      • Via USSD – by dialling the free *335*2# USSD request for 28 days
      • By sending an SMS with the text "1" to the number 335 to activate the Content Service for 1 day
      • By sending an SMS with the text "2" to the number 335 to activate the Content Service for 28 days
   3. During the first connection to the Content Service, a notification about the provision of a Trial Period and the amount of fee that will be charged at the end of the Trial Period to use the Content Service afterwards is sent to the Subscriber. The cost of the Trial Period is included in the Cost of the Content Service.
   4. If the User disconnects from the Content Service during the Trial Period and reconnects to the Content Service within one day from the date the Trial Period was granted, the User will be given the days remaining until the end of the Trial Period to use the Content Service, without charges.
   5. After connecting the Content Service and subject to timely payment, the User can use the Content Service at any time provided they have access to the Internet (except for the cached Content that can be played without an Internet connection), through the installed lifecell music mobile app, as well as through a web portal https://music.lifecell.ua/ by entering the login and password obtained after entering the subscriber number.
3. Disabling
   You can disable the Content Service by: - Entering the *335*926# USSD command. - Sending an SMS with the text "СТОП", "стоп", "Стоп", "STOP", "stop", "Stop" to the short number 335
4. Cost of the Content Service
   1. The Content Service is provided on a daily (UAH 5 per day) or 28-day (UAH 139.00 per 28 days) basis. Prices are inclusive of VAT and PF.
   2. Where a Content Service is activated for 28 calendar days, if there is not enough money to charge the Cost of the Content Service for 28 days, the User is automatically charged the Cost of the Content Service for 1 calendar day, as long as the subscriber account does not have enough money to charge the Cost of the Service for 28 calendar days.
   If the account does not have sufficient funds to pay for the connection or to extend the service for 28 days, an attempt is made to charge for a shorter period proportionally and on a "descending principle," depending on the account balance of the subscriber and according to the following tariffs: 130.00 UAH for 26 days, 120.00 UAH for 24 days, 110.00 UAH for 22 days, 100.00 UAH for 20 days, 90.00 UAH for 18 days, 80.00 UAH for 16 days, 70.00 UAH for 14 days, 60.00 UAH for 12 days, 50.00 UAH for 10 days, 40.00 UAH for 8 days, 30.00 UAH for 6 days, 20.00 UAH for 4 days, 15.00 UAH for 3 days, 10.00 UAH for 2 days, 5.00 UAH for 1 day.
   3. The Content Service is provided from the moment the Cost of the Content Service is charged until 00:00 of the next day (if the Content Service is activated for 1 calendar day) or 00:00 on the 29 day from the moment the Cost of the Content Service is charged for 28 calendar days.
   4. The Cost for the Content Service will not be refunded.
5. Billing of Internet traffic The Content Service is provided to Users in real time, provided that the Cost of the Content Service is paid in a timely manner.
   The Content Service is provided if you have access to the Internet (except for playing cached Content). Incoming and outgoing mobile Internet traffic within the Content Service is not charged for the Users if the Content Service is connected.
   If you connect to the Content Service outside of Ukraine, incoming and outgoing Internet traffic is charged according to the established standard roaming rates.
6. Supported devices
   The Content Service can be used on the following devices:
   • Android smartphones and tablets (version 5.0+) by installing the mobile app
   • iOS smartphones and tablets (version 11+) by installing the mobile app
   • WEB supports all versions of operating systems installed on personal computers (Windows, Mac OS, UNIX) and Internet browsers: Chrome (63+), Firefox (58+), Edge (12+), IE (10+), Safari (7+), Opera (12+), Samsung Internet, MI Browser.
7. Features of the Content Service provision for certain tariff plans.
   1. For subscribers who are served on the terms of Platinum Life 2021 tariff plan, the Content Service fee is included in the cost of the 28-day tariff plan. By activating Platinum Life 2021 tariff plan, subscribers confirm their intention to order the Content Service for an unlimited period of time. If subscriber does not pay monthly fee according to the tariff plan, access to the Content Service is terminated and will be restored after subscriber pays monthly fee according to the tariff plan.

Data protection

1. The User's personal data will be used by the Content Provider or the Operator only for the purpose of fulfilling this Agreement. The data is transmitted by the User voluntarily to ensure that the Content Provider or the Operator can fulfil its obligations hereunder.
2. The User agrees to the processing of their personal data by the Content Provider, Operator, in particular, receiving it from the User and/or from third parties under the procedure and the terms defined in the Law of Ukraine "On Personal Data Protection" No. 2297-VI of June 1st, 2010 (hereinafter referred to as the Law).
3. User hereby confirms that they are aware of the rights provided for by the Law.

Liability and obligations of the parties

1. For non-fulfilment or improper fulfilment of the terms hereof, the Parties are liable under the current legislation of Ukraine.
2. The Parties are released from liability for partial or complete non-performance of obligations hereunder,if such non-performance is caused by force majeure circumstances, i. e., circumstances that occurred against the will of the Parties and could not have been prevented in a timely manner by reasonable measures taken.
   The Parties recognise the following as force majeure circumstances: war, military actions, natural disasters,explosions, strikes, acts of authorities that affect the fulfilment of obligations, as well as other events and circumstances that will be recognised as force majeure circumstances in the course of judicial proceedings.
3. The volume and specific list of the Content available to the User is determined by the Content Provider. The Content Provider declares and guarantees that it has sufficient rights, powers, all necessary permissions and licenses to provide the Content to the Users, provide the Content Service, and its provision does not violate any rights of third parties and legal requirements. In the event of any disputes related to the violation of these guarantees, the essence of the Content, or the lack of the necessary authority of the Content Provider, it is liable to the persons who were injured by such violations.
4. Given that the specific amount of the Content that is provided to the User, the terms and the price of the Content Service are determined by the Content Provider, the latter provides the Content Service/Content to the User through the website http://music.lifecell.ua and/or the lifecell music mobile app independently, and the Operator has no control over this process in any way, and taking into considerations the warranties specified in clause 6.3. hereof, under no circumstances shall the Operator be liable for:
   - possible violations of the intellectual property rights to the Content;
   - the essence of the Content;
   - the legal capacity and competence of the Content Provider.
   At the same time, the Content Provider independently adds, deletes, or otherwise changes the Content in the mobile app. The Operator does not have the right or technical ability to change, add, or remove the Content osted in the mobile app in any way.
   
   1. The Operator's use of the mobile app in accordance with the terms of this section is not considered,and cannot be considered, as using the Content.
5. The Content Provider shall:
   - not post any files that contain or may contain viruses or other malware;
   - not post any information that violates the intellectual property rights of third parties;
   - not post any information, Content that violates the laws of Ukraine.
6. The Operator's obligation is solely in offering the Users a technical capability to order access to the Content Service in the manner and on the terms provided for herein, in the Terms and Conditions of Telecommunication Services of the Operator. The Operator is solely responsible for providing technical access to the Content Service.
7. The User shall be liable to the Content Provider and the Operator for compliance with the terms of the Agreement, the Terms and Conditions of Telecommunication Services of the Operator and shall use the Content Service only for lawful purposes, comply with the current laws of Ukraine, and respect the rights and lawful interests of the Operator and the Content Provider.
8. The User shall refrain from committing actions aimed at destabilising the operation of the website http://music.lifecell.ua and/or the lifecell music app, attempts to gain unauthorised access to the Content Service, as well as from performing any other actions that violate the rights of the Operator and/or the Content Provider and/or third parties.
9. The User must take appropriate measures to ensure the security of their login and password. The User is responsible for all actions performed on the website http://music.lifecell.ua/ and/or in the lifecell music app using their account (using their login and password), as well as for any consequences that such usage may have caused or resulted in.
10. Neither the Operator nor the Content Provider is responsible for:
    - any errors, omissions, interruptions, deletion, defects, delays in processing or transmitting data, communication line failures, theft, destruction, or unauthorised access by third parties to the website http://music.lifecell.ua and/or the lifecell music app, except as required by law;
    - the User's actions;
    - the quality of goods/works/services purchased by the User after viewing advertising messages posted on the website http://music.lifecell.ua/ and/or in the lifecell music app, and their possible non-compliance to the generally accepted standards or expectations of the User, except for the goods/works/services of the Operator and the Content Provider;
    - for the accuracy of advertising information used/received by the User on the website http://music.lifecell.ua/ and/or in the lifecell music app, and the quality of the goods/works/services advertised in it, except if the advertiser and/or the supplier of such goods/works services is the Operator or the Content Provider.

Dispute resolution

1. The Parties agree that all disputes arising in the course of implementing this Agreement will be resolved through negotiations between the Parties based on good will and mutual understanding.
2. If the User has any claims against the Content Provider or the Operator, the User shall submit the relevant request indicating the substance of the claim.
3. If disputes cannot be resolved through negotiations, disputes between the Parties shall be resolved in court under the current laws of Ukraine.

Miscellaneous