The rightholder, ELDRUM INC (doing business as drimly.app - our "Service"), hereinafter referred to as the "EXECUTOR" on the one hand, publishes these Terms and Conditions, which are a public offer (proposal) to provide the Services of providing access to the Mobile Application downloadable on any electronic device under the name Drimly and other related services.

For the purposes of this Offer Agreement, the following terms shall be used with the following meanings:

Service - One of the Websites hosted on the Internet

Mobile Application - means the software provided by the Company and downloaded by you to any electronic device called Drimly (hereinafter referred to as the Mobile Application), a program running on Android or iOS smartphones

Customer (Customer) - means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual accesses or uses the Service, as applicable.

Price-list - a valid systematized list of the Executor's Services with prices, published on the Internet at the following address: https://drimly.company/, as well as in drimly.app.

Service - connection for a certain period of time of additional functionality of the Mobile application and Service and access to paid content, in accordance with the Price-list and the terms of this offer

Authentication data - the Client's unique login and password used to access the Service.

Authorization - the process of analysis on the Executor's server of the Authentication data entered by the Customer, according to the results of which the Customer's right to receive the Service is determined.

Authentication Data - the Client's e-mail address, password

2. General Provisions

2.1 These Terms and Conditions are a public offer (proposal) of the Executor to individuals and legal entities, containing the essential terms of the Agreement for the provision of Services and use of the Service.

2.2 Full and unconditional acceptance of this offer is any actions to fulfill the conditions specified in this offer, including payment for the Services, registration as a Client on the website of the Service, as well as other actions that confirm the intentions of the person to use the Mobile application and / or Service and / or Services, as well as the provision of consent to use the above.

2.3 From the moment of making the acceptance the Client is considered to have read and agreed with this offer and entered into contractual relations with the Executor in accordance with these Terms.

2.4 The Executor's obligations are limited by the terms of this offer, in particular, the Executor's obligations do not include the provision of services to the Client to provide access to the Internet. The Client shall provide access to the Internet at his own expense independently.
2.5 The Services are provided on the terms and conditions defined in the document " Agreement -Offer" (this document) posted in free access on the Internet at the following address: https://drimly.company/, as well as in drimly.app.

2.6 The Executor has the right to change or amend these Terms and Conditions at any time with or without notice to the Clients. The current version is always available on the Internet at the following address of the Executor: https://drimly.company/ as well as in drimly.app.

3. Cost of Services and Settlement Procedure

3.1 The cost of the Services is determined in accordance with the Price List.

3.2 The Executor has the right to unilaterally change the Price List at any time.
3.3 The Services shall be paid by the Client on prepayment terms, and the method of prepayment of the Services shall be determined by the Client independently from among the options offered on the Service website

3.4 The Executor shall render the Services after payment by the Client at the moment of connection (prolongation) of Mobile application and/or Service usage, the term of which is specified in the corresponding invoice.

4. Procedure of rendering the Services

4.1 The Executor grants to the Client for the term of the Agreement a non-exclusive, non-transferable or alienable in any form, limited term right of access to the Mobile application and/or Service, provided that this right does not include leasing of the Mobile application and/or Service.

4.2 The Client's access to the management of the Mobile Application is carried out via the Service on the Internet by entering the Client's Authentication Data at the address of the Service.
4.3 The service shall be rendered after depositing money to the Executor's account.

4.4 Upon expiration of the period for which the lease of the Mobile application and/or Service was purchased, the Executor shall disconnect the Mobile application and/or Service, as well as all additional features.

4.5. The reporting period for the provision of the Services shall be specified in the invoice and Price List.

4.5.1 The start date of any Service (except Mobile application rental) is counted from the moment of actual transfer of access to the Service to the Client.

4.5.2. The date of commencement of rendering of the Services on providing access to the Mobile Application shall be counted from the moment of connection to the Mobile Application.

4.6 Acceptance of the Services shall be performed in the following order
4.6.1 The services are considered to be rendered by the Executor properly and accepted by the Client, if within five working days from the moment of payment the Executor has not received from the Client motivated written objections. When paying for the service by electronic payments (not to the Executor's settlement account), the service is considered to be rendered after sending a cashier's check to the e-mail or phone number specified by the Client when paying. After the expiration of the term specified above (five working days), the Client's claims regarding the deficiencies of the Services, including the quantity (volume), cost and quality, are not accepted.

4.7 Expenses, including bank commission, for the transfer of funds by the Customer under this Agreement shall be borne by the Customer.

5. Rules of use of the Service and mobile application

5.1 Registration of the Client in the Service is carried out by the Executor or by the Client independently by specifying his/her Account data. The elements identifying the Client in the Service are, among other things, the e-mail address and password specified during registration (Credentials).

5.2 The mobile application is placed by the Executor on the Internet at the following address of the Executor: https://drimly.company/, as well as in drimly.app. Access to placement, modification and deletion of information about the application is not granted to the Client.

5.3 The Mobile application and the Service belong to the Executor.

5.4 The Client is fully responsible for actions and/or inactions that led to the disclosure, loss, theft, etc. of his credentials and other information, individualizing the Client, as well as for any actions and/or inactions of third parties using the Client's credentials. The Executor shall not be liable for the above actions of the Client and/or third parties using the Client's credentials.

5.5 When using the Mobile application and/or Service, any actions aimed at obtaining unauthorized access to the Executor's server resources, personal accounting and other data of other clients, as well as any other data available via the Internet are prohibited.

5.6 The use of the Mobile application and/or Service shall be carried out by the Client only for lawful purposes and by lawful means, taking into account the laws of the USA.
5.6.6 The Client undertakes not to damage the software shell, technical and software tools, node machines of the Executor and third parties.

5.6.7 The Client undertakes to respect the copyrights of the software, documentation, content provided by the Executor and / or third parties.

6. Rights and obligations of the Executor

6.1 The Executor undertakes:

6.1.1 In case of payment of the service operation cost, to provide the Service operation, in accordance with these Terms, 24 hours a day, 7 days a week, including weekends and holidays (the Service must be available at least 80% of the time per month), except for cases stipulated in this Agreement.
6.1.2 Keep records of the Client's payment for the Services.

6.1.3 Maintain confidentiality of the Client's credentials. The Executor has access to the Client's information for the purposes of technical support of the Mobile application and/or Service, and also has the right to access to such information in cases of receiving claims from third parties, concerning illegal and/or malicious, as well as other actions of the Client, causing harm to the Executor and/or third parties. The Executor shall be entitled to disclose the above data only to the competent governmental authorities in cases stipulated by the current legislation of the USA. Backup of the Client's data in order to prevent loss of information is not a breach of confidentiality of the Client's information.

6.2 The Executor shall have the right:

6.2.1 Suspend operation of the Mobile application and/or Service for necessary scheduled preventive and repair works on the Executor's technical resources, as well as unscheduled works in emergency situations.
6.2.2. interrupt the operation of the Mobile application and/or Service, if it is, in particular, caused by the impossibility to use information and transportation channels that are not the Executor's own resources, or by the action and/or inaction of third parties, if it directly affects the operation of the Service, including in case of emergency. The Executor shall not be liable to the Client and shall not reimburse the Client for any losses and/or lost profits, including those incurred by the Client and/or third parties due to disclosure, loss or theft of the Client's credentials, as well as arisen or may arise to the Client in connection with delays, interruptions and impossibility to fully utilize the Executor's resources and Services arising from the above reasons.

6.2.3 Make changes and additions to these Terms and Conditions and the Price List by publishing these changes and additions on the website of the Mobile application and/or Service.
6.2.4 The Executor shall have the right to update the content, functionality and user interface of the Mobile application and/or Service at any time at its sole discretion.

6.2.5 Upon expiration of 1 (one) calendar month from the date of termination or expiration of the Agreement, the Executor shall have the right to delete all Client Data from the Mobile Application and/or Service without the possibility of recovery and shall be released from any obligations related to the Client Data.

7. Responsibility of the parties

7.1 In all matters not regulated by this offer, as well as in the resolution of disputes arising in the process of its execution, the Parties shall be guided by the current legislation of the United States.

7.2 The Executor shall be liable to the Client only to the extent of paid but not rendered Services. The Executor shall not be financially liable to the Client and shall not refund to the Client the monetary funds paid under this Agreement, if the Services were not rendered due to the Client's fault, in particular, due to violation of these Terms and Conditions.
7.3 If proper fulfillment of these Terms and Conditions by the Parties is impossible due to objective reasons that the Parties could neither foresee nor prevent (natural disasters, changes in the current legislation of the USA, actions of governmental authorities, military actions of all kinds, etc.), neither Party shall be entitled to demand from the other Party compensation for losses caused by improper fulfillment or non-fulfillment of this Agreement (including lost profit).

8. Termination of the Agreement

8.1 The Agreement may be terminated:

8.1.1 By agreement of the Parties at any time;

8.1.2 On the initiative of either Party in case of violation of the Agreement terms by the other Party with written notice to the other Party at least 10 (ten) business days prior to termination of the Agreement;
9. Other terms and conditions

9.1 The Executor has the right, if necessary, to engage third parties with appropriate licenses to provide the Services and ensure the operation of the Mobile Application and/or the Service.

9.2 The name and numbering of the articles of this offer are given for convenience of reading and shall not be important in the interpretation of these Terms and Conditions.

9.3 In the event that any provision of these Terms is found to be unenforceable, it shall be construed in accordance with applicable U.S. law, taking into account the original interests of the Parties, and the remainder of these Terms shall continue in full force and effect.

9.5 All disputes arising shall be resolved by negotiation.

Executor
ELDRUM INC.
8 The Green
Suite # 11021
Dover, DE 19901
https://drimly.company/
info@drimly.app
+13024871634