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TERMS AND CONDITIONS OF USE

of the mobile application DEPESHA for mobile operating systems iOS and Android

Before downloading and using the mobile application DEPESHA, please read carefully these Terms and Conditions of Use of the mobile application DEPESHA that set obligatory rules, requirements, terms and conditions of use of the mobile application DEPESHA and its features by any person.

I. Terms and Definitions

Words and expressions used herein shall have the following meanings, unless otherwise defined in the text below:

  • Terms and Conditions of Use of the Mobile Application DEPESHA – this document, with any and all amendments, alterations and applications, published in the Settings tab in the section Legal Info of the mobile application DEPESHA (hereinafter – the Terms), which describes rights and conditions of use of the Application;
  • Holder of Rights – Limited Liability Company “Fox3”, registered address: 220073, Republic of Belarus, Minsk, Skriganova str., 6A, room 8, office 25, Taxpayer ID (UNP) – 193324390, National Classifier of Enterprises and Organizations (OKPO) – 503473065000 (hereinafter – Fox3, Holder of Rights). Fox3, LLC is the holder of the exclusive right to the mobile application DEPESHA, which is proven by the certificate of software application registration, issued by the National Center of Intellectual Property of the Republic of Belarus;
  • User – an individual who uses the mobile application DEPESHA.
  • Mobile application DEPESHA – software developed by Fox3 for iOS-based and Android-based mobile devices, owned by the Holder of Rights (hereinafter – the Application), a copy of which is legally downloaded by Users to mobile devices.
  • Account – a User account identified by data provided by him during registration, entered by the User or created during use of the Application.
  • Personal Profile – a tool that represents a User in the Application.

II. About Features of the Application

  • The Applications provides Users with the following functional capabilities: ensuring communications on user mobile devices through exchanging text messages and making audio calls, transferring voice messages, audio and video files made by the sender, pictures, documents and files stored on a mobile device, transferring video files and pictures received by application tools through use of an integrated camera of the mobile device, specifically:
    • instant messages;
    • voice messages;
    • photo messages;
    • video messages;
    • audio messages;
    • files;
    • personal and private chats;
    • displaying availability of users;
    • emoji;
    • searching through contacts;
    • notification about typing a message;
    • delivery and reading statuses;
    • PIN code protection of the application;
    • notification about loudspeaker mode;
    • notification about screenshots;
    • user interface customization.
  • In order to use the Application, the User should have certain mobile devices, software and connection to the Internet.
  • The User shall independently and at his own cost ensure the required access to the Internet. Fox3 will not be liable for any possible adverse consequences for the User caused by the inability to connect to the Internet.
  • The Application is intended for use on mobile devices meeting the following characteristics:
    • 4.1. for iOS-based mobile devices:
      • operating system iOS of the recent version (minimum supported version – 13).
      • device core memory – at least 1 GB.
    • 4.2. for Android-based mobile devices:
      • operating system Android of the version 7 and higher.
      • device core memory – at least 2 GB.
      The possibility of correct operation of the client application on mobile devices of Users with specific (or earlier) versions and (or) modifications (for example, MIUI and EMUI) of the Android operating system is considered on an individual basis by forming a list of exclusions. The list of exclusions is posted on the Fox3 website, and may be supplemented in the course of operation and the work of the technical support service, in cases related to the peculiarities of the implementation of mobile phones by manufacturers.
  • The Application is provided to users “AS IS”, as this term is defined in the common international practice.

    Fox3 endeavors to ensure proper operation of the Application 24 hours a day, 7 days a week, but Fox3 will not be liable in case of any malfunctions of the Application for whatever reasons.

    The User acknowledges and gives his consent that the entire Application or any part of its functions may at any time become inaccessible due to technical problems. Fox3 reserves the right to perform any required routine or other maintenance works with temporary suspension of operation of the Application at its own discretion, without a prior notice to Users.

    Fox3 does not guarantee that information contained in the Application will be accessible at any time, or will not be deleted or lost. Fox3 will not be liable for failures and delays in operation of the application, and for any possible consequences of such malfunctions.

  • Fox3 may at any time at its own discretion, without a notice to the User, modify the Application, change its functions, cease to keep the Application operational, and to deny access to the Application for the User without giving any reasons. Fox3 may also deny access to the Application due to violation of these Terms and Conditions by the User.
  • By using the Application the User consents to download and install updates of the Application, including those in the automatic mode.
  • The User shall independently pay for services of a mobile operator and/or Internet services provider according to their applicable rates, as well as any other duties and taxes related to use of the Application.
  • CALLS TO EMERGENCY SERVICES NUMBERS ARE NOT AVAILABLE. There are important differences between capabilities provided by the Application and calls from mobile and landline phones, and SMS exchanging. The Application does not provides the User the ability to call or send SMS messages to numbers of emergency services, e.g. to police, fire department or hospitals, or contact a common operations control center by any other means. The User should ensure the capability to contact the appropriate emergency services by mobile or landline phone or other means.

II. Terms of Use of the Application

  • In order to obtain access to the Application, and to acquire the User status, it is necessary to download the Application to a mobile device in the appropriate mobile app store, and to grant access to device data to provide for operation of some functions of the Application, specifically:
    • camera – “The application requests access to the device camera to receive pictures”
    • microphone – “The application requests access to the microphone for calls and voice messages”
    • gallery – “The application requests access to the gallery to store pictures and videos” and “The application requests access to the gallery to receive pictures and videos”
    • geoposition – “The application may use your geoposition to send messages with geolocation”
    • notifications (to receive notifications about new messages and incoming calls).
    Access to device data will be requested immediately before requesting access to these resources.
  • You have to download our mobile app from the App Store of the company Apple Inc., CA, USA, or Google LLC, CA, USA, in order to be able to use our mobile app. Additionally, you should own a device with current operating systems such as iOS or Android, as mentioned in above article, in order for the mobile app to function properly.

    The App Stores are operated by the above mentioned companies Apple Inc. and Google LLC and their collaborating companies. The App Stores have their own data privacy policies and terms of use, which may have to be accepted by the User. Fox3 is neither responsible for the regulations and data processing of or at the above mentioned companies and their cooperation partners, nor can Fox3 influence them. This particularly applies to the collection and processing of registration and payment information within the App Store and the affiliated device information.

    Fox3 is not affiliated with the operators of the App Stores and does not represent them. With the download and the use of this mobile app, you also acknowledge that the operators of the App Stores are not obliged to provide any support or maintenance of the mobile app. All rights and obligations with respect to the use of the mobile app only exist between you and Fox3 in accordance with the valid Terms of the Terms.

    When downloading the mobile app, all required information is transmitted to the respective App Store, particularly the user name, email address and customer ID of your account with the App Store, time of download, payment information and the individual device number of the used terminal device. Fox3 does not collect or process this data.

  • In order to obtain access to functions (capabilities) of the Application it is necessary to pass the registration (authentication) procedure performed by completing a registration form that contains a username (login) and password made by the User. It is NOT REQUIRED to provide personal data of the User to pass the registration procedure.

    Profile name and profile picture are freely selectable by the User. The name and photo chosen by the User for his account serve only for the purpose of differentiating Users.

  • The User have the option of registering with your email address. Fox3 therefore need to know your email address. This is needed in order to carry out the registration, in order to be able to differentiate the individual users and to inform users in the frame of the contract implementation via email (e.g., for a password reset). Your email address is not used for other purposes. Additionally, you need a personal password.
  • Login and password are used for authentication in the Application. Multiple (5 or more times) entry of wrong authorization data will result in blocking of the Application.
  • The User may install the Application on an infinite number of mobile devices, provided that the Application is preserved in the form provided in the appropriate App Store and Google Play Market.
  • While using the Application, the User undertakes to:
    • observe provisions of applicable laws of the Republic of Belarus, these Terms and Conditions and other international legal instruments that govern procedures of use of the mobile application
    • not claim to be a different individual, and not to use any other forms and methods of illegal representation of other persons in the network.

III. Legal Condition of Use of the Application (User Agreement)

  • This section of Terms and Conditions sets legal principles of use of the Application by the User. All presently existing functions of the Application, and any extension thereof and/or adding new and/or deletion and/or cessation are subject to both this section and all Terms and Conditions.
  • According to clause 2 Article 407 of the Civil Code of the Republic of Belarus, terms of this section are a public offer – the offer to make a contract of adhesion pursuant to Article 398 of the Civil Code of the Republic of Belarus with Fox3, according to which Fox3 shall provide access to the User free of charge on terms of a simple (non-exclusive) license to the non-transferable right to use the Application within territories on all countries of the world pursuant to its functional capabilities. Term of validity of the license is equal to the term of validity of provisions of this section of Terms and Conditions. If provisions of this section of Terms and Conditions cease to be valid, the User will lose the right to use the Application. This provision applies to all currently existing functional capabilities of the Application listed above, and any their subsequent modifications, as well as additional capabilities that will appear afterwards.
  • By downloading this Application to his mobile device or using it by any other means, the User expresses his complete and unconditional consent both to all terms of this section, and of all other sections of Terms and Conditions, and confirms his legal status and capacity.
  • By downloading this Application to his mobile device, the User confirms that he has completely read, understood, consents and unconditionally accepts terms of both this section, and all other sections of Terms and Conditions with consideration of possible amendments, undertakes to observe them and assume liability for violations thereof. If the User does not consent to terms of this section or any other section of Terms and Conditions, the User shall immediately cease using the Application, specifically: delete the Application from his mobile device.
  • The User shall use the Application according to provisions of these Terms and Conditions for personal non-commercial purposes free of charge. The Application may be used on other terms and by other means not stipulated herein only subject to a separate agreement with Fox3.
  • Use of the Application in violation or default of any condition, requirement, provision of any section of these Terms and Conditions is forbidden. The User shall immediately delete the Application, if he does not agree to any provision of this or any other section. Otherwise the User will be deemed unconditionally consenting to requirements, standards, terms and conditions hereof.
  • Fox3 may change and/or amend these Terms and Conditions unilaterally. If the User continues using the Application after changes and/or amendments to these Terms and Conditions, he will be deemed as agreed to such changes and/or amendments hereto, and therefore the User undertakes to monitor changes and/or amendments through his own efforts in the appropriate section of the Application on the Settings tab. If he does not agree to such amended Terms and Conditions, the User shall discontinue using the Application, specifically: delete the Application from his mobile device.
  • The User may not reproduce and distribute the Application for any commercial purposes (including for a fee), including without limitation in compilations of software applications.
  • The User may not use the Application in any form differing from the form in which he received it.
  • Under any circumstances the User may not copy and distribute the Application on behalf of any third parties.
  • The User irrevocably agrees that using the Application does not vest him with any intellectual property rights, except those rights that are directly stated herein. The User may not use images containing third-party trademarks and/or logos without consent of holders of rights to them. Using the Application by no means entails for the User accrual of rights to logos and/or trademarks, including those that constitute a part of digital images.
  • The User may:
    • 12.1. receive access to use the Application after complying with all requirements about terms of use of the Application
    • 12.2. use the Application solely for the purposes and according to procedures prescribed by these Terms and Conditions, and not forbidden by laws of the Republic of Belarus
    • 12.3. download any copyrighted materials from/using the Application solely for personal non-commercial use.
    It is not allowed to copy, distribute, provide to third parties, publish or use otherwise for commercial purposes any materials downloaded from/using the Application, without first obtaining a written consent of the legal holder of copyrights.
  • The User shall:
    • 13.1. properly observe terms and conditions hereof (all sections).
    • 13.2. independently ensure nondisclosure (secrecy) of data stored in the account, including login and password, and shall be liable for their disclosure by any means, including among other for all risks and losses originated therefrom. The User shall be liable for any actions made from his account, using his login and password, and for all actions made from his mobile device where the Application is used. The User undertakes to immediately notify Fox3 about all cases of security breach and unauthorized access to the account. If the User defaults this obligation, the User will be solely and fully liable for actions performed from his account. In order to check, Fox3 may perform technical blocking of the User account.
    • 13.3. not use the Application for any other purposes, other than for purposes related to personal non-commercial use.
    • 13.4. not misinform other Users of the Application and any third parties.
    • 13.5. not use the Application to distribute agitation materials, do not distribute advertising, information and other type messages without an express consent of recipients. Such consent shall be obtained in cases and in the form prescribed by laws of the Republic of Belarus.
    • 13.6 not use the Application in violation of rights and legal interests of third parties and laws of the Republic of Belarus, including:
    • 13.6.1. do not publish and/or distribute through the Application any messages containing offense, defamation, profane languages, pornographic or immoral materials, materials that demonstrate or promote atrocity, terror or violence, defamatory or other materials inconsistent with laws of the Republic of Belarus, or links to websites and other resources containing such materials
    • 13.6.2. do not publish and/or distribute through the Application any information and materials that contain threats, discredit or insult other Users or third persons, are of fraudulent nature, infringe upon personal or public interests, promulgate race, religious, ethnic hatred or discord, and any other information that violates rights of a human and citizen protected by laws of the Republic of Belarus
    • 13.6.3. do not perform with the use of the Application any promotion or agitation inciting social, race, national or religious hatred or discord, warmongering, promotion of social, race or linguistic supremacy
    • 13.6.4. do not describe or promote using the Application any criminal behavior, do not publish instructions or guide on performing criminal activities
    • 13.6.5. do not publish or transmit using the Application any restricted access information (confidential information), if the User is not authorized for such actions
    • 13.6.6. do not distribute through the Application spam, chain messages (messages that require transmission thereof to one or several users), pyramid schemes or appeals to participate in them, or any other obsessive information
    • 13.6.7. do not distribute through the Application personal data, including home addresses, phone numbers, emails, passport data and other personal information (personal data) and other users without their prior consent, explicit one
    • 13.6.8. do not distribute through the Application results of any intellectual activity, rights to use which in such a way are not obtained by the User
    • 13.6.9. do not place and/or distribute using the Application pictures of individuals without their prior consent.
  • Under no circumstances the User of the Application may modify, publish, transfer to third parties, participate in a sale or assignment, create derivative products or otherwise use the contents of the Application in whole or any part.
  • It is forbidden to the User individually or with engagement of any third parties to decompile the Application, and to make publicly available or provide other access to the Application, reverse engineer the Application or its separate components.
  • Fox3 may transfer rights and obligations in respect to the Application to third parties without additional consent of the User.
  • Fox3 may at any time restrict the User’s access to the Application due to organizational or technical reasons without any notice to the User.
  • Fox3 may at its own discretion modify, edit, delete any functions of the Application.
  • In order to enhance and improve stability of operation of the Application, Fox3 may collect, store and process statistical information about use of the Application by the User (for more details, please see Chapter IV hereof).
  • The User guarantees that he will not take any actions aimed at damaging Fox3, cellular mobile operators and other persons.
  • In case of violation of any provision provided in these Terms and Conditions, the User shall indemnify Fox3 for damages and any losses caused by such actions.
  • Unless the User proves the contrary, any actions performed using his login and password will be deemed as done by the respective User.
  • Acknowledging the international nature of the Internet network, the User assumes the liability for observance of all respective rules and laws related to actions of the User in the Internet.
  • The User undertakes to use the Application conforming to laws of the country of his stay, and assumes the liability for violation of limitations on use of the Application imposed by national laws.
  • The User shall be solely liable to third parties for any actions related to use of the Application, including when such actions will lead to violation of rights and legitimate interests of third parties, and for observance of applicable laws while using the Application.
  • The User unconditionally agrees that Fox3 will not bear any liability to the User and third parties for modifications, suspension and cessation of operation of the Application.
  • Taking into account the fact that functions of the Application are provided on “AS IS” terms, Fox3 does not give any guarantees in respect to error-free and continuous operation of the Application, its individual parts, components or functions, conformity of functions of the Application to particular purposes and expectations of the User, does not guarantee authenticity, precision, completeness and timeliness of data provided by the Application, and their integrity, and does not give any other guarantees not expressly provided in these Terms and Conditions.

    Occurrence of any errors or defects in the Application, which, among other, leads to the impossibility of functioning of the Application on the User’s mobile device, is not the grounds to exchange, return or repair such mobile device.

  • Fox3 will not be liable for any direct or indirect consequences of any use or inability to use the Application (including use of data provided through the Application) or its individual functional capabilities and/or damage caused to the User and/or third parties in result of any use, non-use or inability to use the Application (including use of data provided through the Application) or its separate components and/or functions, including due to possible errors or malfunctions in operation of the Application.
  • Fox3 does not assume any responsibility for the User’s settings, the User shall independently solve all issues of provision of rights to access the Internet, purchasing and setting up the appropriate equipment and software for it. Fox3 shall not be liable for quality and security of communication channels employed during use of the Application, as well as for any damages caused to the User because of use of poor quality or unshielded computer systems and communication channels.
  • Fox3 will not be liable for any technical failures and other problems of any telephone systems or services, computer systems, servers or providers, computer or mobile equipment, software, failures of email services or scripts due to any cause.
  • Fox3 will not be liable for any damage to mobile devices of the User or other person, any other equipment or software caused by or related to downloading the Application materials or by links received through the Application.
  • Fox3 will not be liable for presence of viruses in the Application, and for possible consequences of virus infection of the User device or penetration of other malicious programs.
  • Fox3 will not be liable for any indirect, special or incidental damages or loss of profits resulting from use of the Application by the User, or resulting from access of any third parties to personal data of the User placed in the Application, whether or not they are based on violation of these Terms and Conditions, breach of warranty (including negligence), or resulting from any other causes. This includes the User’s inability to obtain access or use, including among other due to modification, suspension, blocking, cessation, cancellation or termination of the use the Application.
  • Fox3 will not be liable for default or improper performance of obligations arising from these Terms and Conditions, and for any direct and indirect losses of the User, including loss of profit and possible damage arising, including among other, from inappropriate acts of other Internet users aimed at breach of information security or proper functioning of the Application, absence of Internet connection, performance of actions by governmental authorities or other organizations within law enforcement operations; establishment of governmental regulation (or regulation by other organizations) of economic activities of commercial organizations in the Internet and/or setting of one-time limitations by these subjects, that impede or make use of the Application impossible, either in whole or any part, and other cases related to acts (omissions) of Internet users and/or other subjects aimed at degradation of the overall situation using the Internet and/or other equipment, existing at the time when the User downloaded the Application.
  • The User shall be liable for any material and any content (including graphics, texts, audiovisual or other multimedia, data files, texts and other files and images), downloaded or otherwise transmitted through use of the Application, or received through use of the Application, which the user transmits to third parties, Websites, and for all consequences of use of the Application (including any documented losses that may be incurred by Fox3, other persons). If Fox3 receives any claims from third parties related to contents of information transmitted through use of the Application, the User shall independently and at his own cost settle such claims, and indemnify Fox3 for incurred losses.
  • The User shall bear liability for possible violations of laws, including laws in protection of personal data and third party rights in case, if during use of functional capabilities of the Application the User violates requirements to protection of personal data, copyrights, allied rights of third parties, performs unauthorized use of trademarks, trade names, other means of individualization, causes dignitary harm or damage to goodwill of third parties. In such case, if Fox3 receives any complaints, claims and/or orders to indemnify, pay penalties of governmental authorities and/or third parties related to improper use of the Application by the User, the User shall independently and at his own cost settle such claims, and indemnify Fox3 for any losses incurred in this connection.
  • The Application may grant access to other resources in the Internet (third-party websites) and content placed on these resources, which is a result of intellectual property owned by third parties and protected according to laws of the Republic of Belarus. Fox3 does not check these websites and content placed on them for conformity to requirements of laws of the Republic of Belarus.
  • Fox3 will not be liable for any information or content placed on third-party website to which the User may access through use of the Application, including among other any points of view or allegations made on third-party websites.
  • The User confirms that from the moment when the User passes by the link available through use of the Application to a third-party website, relationships between Fox3 and the User end.

IV. Privacy Policy of Fox3

If you, the User, will install and use the Application, we will request you some information which is required and sufficient for expedient and correct functioning of the Application.

Fox3 respects confidentiality of information provided by you, and undertakes to protect it according to the provisions below, requirements of international standards and laws of the Republic of Belarus.

Before installing and starting to use the Application, we strongly recommend to read thoroughly this Confidentiality Policy to understand our terms and conditions in respect to information of Users, and how we will collect and use it.

  • This Confidentiality Policy is an integral part of Terms and Conditions of Use of the mobile application DEPESHA t hat set obligatory rules, requirements, terms and conditions of use of the mobile application DEPESHA and its features. Therefore this Confidentiality Policy should be read jointly with such terms.
  • The Confidentiality Policy (hereinafter – the Policy) applied during use of the Application, covers relationships between Fox3 and the Application User, and applies to information which Fox3 may obtain about the User and from the User during r egistration and during use of the Application by him.
  • Downloading and use of the Application means unconditional consent of the User with provisions of this Policy.
  • Fox3 DOES NOT collect personal data of Users either during the procedure of registration in the Application, or during use of the Application.
  • The Application is a communication service, HOWEVER, the User does not provide his phone number to Fox3.
  • To create a personal profile, the User may enter some data, which may include profile name, profile image and other information. The User can always manage his information, edit, delete it or restrict access to it.

    By placing information to the profile the User recognizes and agrees that such information may be accessible to other Internet users, considering the peculiarities of architecture and functions of the Application. The User shall independently set the confidentiality mode and conditions for access to the information placed by him in the Application, by making the appropriate settings on the Settings tab of the Application. Fox3 employs technical and organizational means to ensure functioning of the respective tools of the Application.

  • Fox3 DOES NOT require that the displayed name, or a picture chosen by the User were real name and/or picture of the User.
  • Fox3 does not want to know the real name, sex, age or other information in respect to personal data of the User.
  • Fox3 does not intend to process, and it does not process biometrics data (in particular, it does not use the picture to check identity of Users) and special categories of data.
  • Fox3 collects and stores only data that are required for the Application to operate as a safe and multifunctional communication service.
  • All data collected by the Application are provided and received in anonymized form.
  • Data that are not personal data of the User, but collected by the Application by reason that they are required for operation of the Application, specifically:
    • - data about mobile devices, technological interaction with the Application (including a host’s IP address, user operating system type, browser type, geographic location, Internet services provider)
    • - information obtained in result of acts of the User in the Application (in particular, information about joining a group/leaving a group, adding other Users to group chat lists, creation/deletion of channels).
    This information about the User may be accessible by other Users pertaining to group chats and/or channels as provided in settings of the User
    • - information obtained in result of acts of other users in the Application (in particular, adding to group chats, adding to channels).
  • The Application may also collect the following data:
    • device data and its location
    • operating system data (type, version)
    • inquiry data (time, switching source, IP address).
  • During use of the Application Fox3 may also collect certain information about use of the Application, which does not pertain to personal data and is not confidential.
  • Reach Measurement and Analysis

    Similar to the use of Cookies on websites, our mobile app stores sets of data on your mobile terminal device and our web servers that can be retrieved from the mobile app again later. These particularly serve the improvement of the performance and the optimization of our mobile app.

    Our mobile app uses Google Analytics for Firebase, a web analysis service by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA, 94043 (“Google”), https://firebase.google.com/. Google Analytics for Firebase allows us to analysis the use of our offer. The collected data helps us to better understand the use of the mobile app through our users and to improve the offer.

    All IP-addresses are only transmitted to Google and stored in an anonymous form. Therefore the collected data cannot be used to personally identify persons.

    Google Analytics for Firebase still uses an advertising ID. You can restrict their use in the settings of your mobile device (for Android: Settings – Google – Advertising – reset advertising IDs; For iOS: Settings – Data privacy – Advertising – No Ad-Tracking). Personal data is not stored then.

    In addition, we use Firebase Remote Config. This allows us to carry out A/B tests and adapt the behavior and appearance of the mobile app without the need of downloading a new version.

    Google uses Standard Contractual Clauses (SCCs) for the transfer of personal data to the USA. These guarantee an adequate level of data protection with Google according to Article 46 section 2 letter c) GDPR (DSGVO).

    More information can be found at https://privacy.google.com/businesses/compliance/. Subcontractors, who use Google in the frame of Google Analytics for Firebase, can be seen in the following link: https://firebase.google.com/terms/subprocessors.

    Further information about Google Analytics for Firebase and Data Protection can be found here: https://www.google.com/policies/privacy.

    Legal basis for the use of Google Analytics for Firebase is Article 6 section 1 sentence 1 letter f) GDPR (DSGVO) (i.e. our legitimate interest in the analysis, optimization and the economic operation of our mobile app).

  • Fox3 also collects information related to acts of users in the Application and use of its functional capabilities. However, this information does not contain any data that allow identification of the User. The collected information is used to analyze and improve operation of the Application and provision to our users functional capabilities of the Application that suit their demands, to improve quality and speed of its operation.
  • Fox3 and the Application do not tap or store voice communications of Users.
  • Any and all messages sent by Users in the Application are owned by Users. Fox3 and the Application cannot read messages of Users.
  • Fox3 does not store messages of Users during ordinary course of use of the Application. Messages (including corresponding in personal and group chats, pictures, video. Voice messages, files and location data shared by the User with other users of the Application) are deleted from Fox3 servers immediately after they are delivered. Messages are stored only on the User’s mobile device. If a message cannot be delivered immediately (e.g. the receiving and/or sending User is out of a network range), the message may be stored in encrypted form on Fox3’s server until it is received by the second subscriber. Undelivered messages are deleted from Fox3’s server.
  • When the User uses the Application other users may see information about his network status, information about receipt and reading of messages delivered to him, information whether the User currently answers the other call. If the User does not want for other users to know that he is online, he may switch the appropriate functions off in the Application settings.
  • The Application notifies chat members, both in personal and group chats, that the User makes a screenshot.
  • This Policy applies only to the mobile application DEPESHA. Fox3 does not control and may not be liable for any other mobile applications and third-party websites to which the User may switch by himself on links available and related to use of the DEPESHA application.
  • Fox3 does not use User data obtained in the course of use of the Application for advertising targeting and does not sell them to anyone else.
  • The User recognizes and understand that there is the possibility of obtaining and transferring User data to third parties during use of the Application. Fox3 will not be liable for procedures of use of User data by third parties.
  • The User may delete his account at any time. Deletion of a User account leads to deletion of all messages, multimedia, contacts and all other data stored in the User’s mobile device.

The deinstallation of the mobile app will lead to the deletion of full data from the mobile device and our servers.

V. Final Provisions

  • These Terms and Conditions are made according to laws of the Republic of Belarus. Any matters not covered in these Terms and Conditions shall be settled pursuant to laws of the Republic of Belarus.
  • Regular checking the current version of Terms and Conditions is the obligation of the User. The User shall independently control changes, and if he does not agree with them, he shall cease using the Application by deleting it from the mobile device, which means termination of relationships between the User and Fox3.
  • If any part of Terms and Conditions is declared ineffective, illegal or invalid, then effectiveness, legality and applicability of other provisions shall remain in force.
  • Use of the Application is illegal in any jurisdiction that admits all provisions of these Terms and Conditions.
  • Since services on these Terms and Conditions are provided free of charge, provisions on protection of consumer rights contained in laws of the Republic of Belarus shall not apply to relationships between the User and Fox3.
  • Fox3 may at any time unilaterally terminate the User Agreement provided in section III hereof. Fox3 terminates the User Agreement without a prior notice to the User by blocking operation of the Application or functions provided by it.
  • These Terms and Conditions and all relationships related to use of the Application are subject to laws of the Republic of Belarus. In case of any disputes the User shall, before initiation of a legal action to settle the dispute, take all steps for pre-trial mediation by sending the appropriate letter to location address of Fox3, and an electronic copy to info@foxtree.dev. The period to consider and reply to a claim is 30 (thirty) calendar days from the moment when it is received by Fox3. Any claims or legal actions arising from these Terms and Conditions or use of the Application shall be submitted and considered at a court in the place where Fox3 is domiciled.
  • By sending letters to the email provided in these Terms and Conditions the User confirms his consent to Fox3 to use the email used to send the letter to receive a Fox3’s response to filing of the User.
  • These Terms and Conditions are made in English and Russian.
  • Any filings, proposals and claims of physical persons and legal entities to Fox3 related to the contents and functioning of the Application, violation of rights and interests of third parties, requirements of laws of the Republic of Belarus, and inquiries of persons authorized by laws of the Republic of Belarus may be sent to the following email of Fox3: info@foxtree.dev.
  • These Terms and Conditions are open and publicly available document. The current version of Terms and Conditions is published in the Application on the Settings tab, and on the Fox3 website.
  • Lisenses used to create the mobile application DEPESHA: (Download)