1. PREAMBLE. TERMS AND DEFINITIONS

1.1. The public offer is an official public offer from DIGITAL SPARROW LLP (from now on referred to as the "Administration"), on the one hand,addressed to an unlimited number of persons with total legal capacity (from now on referred to as the "User"), on the other hand, from now on together referred to as the "Parties",and each separately referred to as the "Party", to conclude, on equal terms for all, and in electronic form, a License Agreement (from now on referred to as the "Agreement"),on the terms set forth below.

1.2. The Agreement is concluded at the moment when a visitor accepts the terms of the Public Offer by performing an Acceptance, which can be done by clicking the 'Accept' button on the website, making a purchase, or using the service. As a result of this Acceptance, the website visitor (User) becomes a party to the Agreement concluded with the Administration. The act of Acceptance is equivalent to concluding the Agreement in a simple written form on the terms set forth in the Public Offer, without the parties signing its written copy, which creates mutual rights and obligations for the parties for the non-performance of which, legal responsibility established by law arises.

1.3. The act of Acceptance, a decision made by the User, is a testament to their independent choice to enter into the Agreement. It signifies that the User has voluntaril and freely chosen to accept the provisions of the Public Offer, fully and unconditionally embracing all the conditions therein. This Acceptance is made in the form in which they are published on the website, without the need to sign a written copy, demonstrating the User's understanding of the legal nature of the Agreement, its content, essential conditions, and the legal consequences of its conclusion.

1.4. The current version of the Public Offer is readily available and accessible to all visitors. The Administration ensures its publication on the website at the permanent URL address: https://simsdynastytree.com in the "Public Offer"section, adhering to the principles of round-the-clock and free access for any visitor. This accessibility is aimed at keeping the User well-informed and confident about the terms and conditions of the Agreement.

1.5. If the User disagrees with the terms of the Public Offer in full or with its parts, the Administration strongly urges such User to refrain from performing Acceptance, using the website, and purchasing the Subscription, as the provisions of the Public Offer entirely regulate the aforementioned legal relations between the parties. Not accepting the terms of the Public Offer means the User will not be able to access or use the 'Sims Dynasty Tree' online service.

1.6. If the User is a person with limited legal capacity, the Administration proceeds on the basis that the Acceptance has been made in his interests by a lawful representative who has familiarized himself with and fully agreed to the Public Offer, has sufficient authority to act on his behalf and in his interests. The lawful representative should ensure that the User understands the terms of the Public Offer and agrees to them before performing the Acceptance.

1.7. To interpret the Agreement, the parties use the following basic terms established below (unless otherwise specified in the Agreement). In the text of the Agreement, these terms may be used in a different case, in the singular or plural, with a lowercase or uppercase letter, or in the form of abbreviations:

"Acceptance"1.7.1. "Acceptance" - the complete and unconditional acceptance by the User of the terms of the Public Offer by performing one or more conclusive actions using the website: 1) activating a particular checkbox in the control point of the unique form on the website: "I have read and agree to the Public Offer and Privacy Policy, consent to the processing of my data"; 2) Payment of the subscription fee; 3) Using the online service; 4) Other reciprocal actions. The specified conclusive actions, performed by the User separately or in combination, have legal force for the parties as his written consent to conclude the Agreement.

1.7.2. "Website" — a set of computer programs, databases, graphic, audiovisual, and informational materials contained in the information system, access to which is provided via the "Internet", located at the permanent URL address:https://simsdynastytree.com, including the online service and all levels of the specified domain, both existing and introduced into operation during the entire term of its validity, as well as outgoing pages ("landing pages").

1.7.3. "Online service" "Sims Dynasty Tree" ("Computer Program") is an interactive online platform, including updates to it and additional functional capabilities, presented in an objective form by a set of data and commands activated to achieve a specific result after payment of remuneration (for additional (unactivated) data and commands) or without payment of compensation (for basic (activated) data and commands), including audiovisual images generated thereby, intended for the operation of computers and other computer devices. The online service allows for the creation and editing of a dynasty's genealogical tree of characters from the computer game "Sims," as well as other functional capabilities presented on the website.

1.7.4. "Subscription" - obtaining access to the online service for a monthly payment in favor of the Administration that provides it. Varieties and costs of the Subscription to the online service, depending on key parameters of access rights, limits, volume, and duration of access, are constantly published on the website https://simsdynastytree.com freely accessible, and an integral part of the Agreement.

"Subscription Variations:": 1 month - 4$, 6 months - 24$, 12 months - 48$.
*Unless other terms for granting access rights to the online, including preferential ones, are published on the website

1.7.5. "Recurring Payments" (also known as "Auto-Payment") — is a service meticulously designed to provide you to provide you with a safe and easy way to pay for your Subscription. It allows for regular automatic transfers of funds from your bank card to the Administration, ensuring uninterrupted access to the online service. This service, based on your pre-given Acceptance, is an integral part of the Agreement, offering you peace of mind in managing your subscription payments.

1.7.6. Your "Account" is a unique set of registration data stored in our highly secure computer system. It contains your personal information, details about the access rights you've been granted, and other necessary information for your authentication and authorization in the online service. This Account is designed to ensure your personalized and secure experience with our service, fostering a sense of trust in our commitment to your data security.

1.7.7. Your "'Personal Account" — is a special section of our online service that becomes accessible after purchasing the Subscription and authorization. It serves as a hub for information about your rights and terms of access to our online service, providing you with a comprehensive overview of your subscription.

1.7.8. "Login" — is the unique username of the account, determined by the User at the time of registration on the website, necessary in some instances at the User's choice for authentication and authorization purposes to access the personal account and online service.

1.7.9. Your "Password" — is a secret set of characters that you create and enter during the authentication and authorization process. It's crucial to keep this password confidential and not share it with anyone. The Administration may set certain restrictions on the content of your password to ensure its security. Your password is a key to your Account and online service access, so please choose it wisely and keep it safe. By doing so, you take an active role in ensuring the security of your account, making you feel responsible and in control.

1.7.10. "Authentication" — is the procedure for verifying the authenticity of the authorization data by comparing the entered email address and password with the email address and password saved in the security system of the online service.

1.7.11. "Authorization" — is granting access rights to the online service after the User has completed the authentication procedure.

1.8. The Agreement may contain other terms, the interpretation of which takes into account the literal meaning of the words and expressions contained therein. In all other cases, terms are interpreted by applicable law, business customs, or scientific doctrine.

1.9. The offer to conclude the Agreement cannot be revoked by the User independently and remains valid until its revocation by the Administration, provided that the website is accessible and operational, except in cases provided for by the Agreement and applicable law.

1.10. The term of the Agreement is calculated from the date of Acceptance and ends upon the expiration of the last day of the term of the purchased Subscription unless the exhaustion of the limits of access rights granted to the User occurs earlier or the Subscription is not renewed (purchased) by the User for a new term.

2. SUBJECT OF THE AGREEMENT

2.1. By the terms and conditions outlined in the Agreement, the Administration grants the User permission to use the online service within its functional capabilities, in terms of activated and non-activated data and commands, for the duration of the Subscription, under a simple (non-exclusive) license. The User agrees to use the online service within the established limits and pay the Administration a fee for using the online service on a subscription basis by the selected Subscription.

2.2. The right to use the online service is granted to the User within the territory of all countries of the world, without the right to sublicense to third parties, in terms of activated data and commands on a gratuitous basis; in terms of non-activated data and commands, provided the Subscription is purchased, allowing the User to use additional, enhanced, exceptional software capabilities of the online service.

2.3. Activated data and commands include an unlimited number of trees, sims, and generations; uploading a tree with PlumTreeApp; choosing a tree color; multiple options for sim avatars and relationships between them; highlighting an heir; displaying icons of life forms and pets in the tree; adding additional fields with information; custom tree gallery; basic tree backgrounds; a palette for changing the background color; and basic emojis.

2.4. Non-activated data and commands include unlimited photo gallery in the character card; unlimited photo gallery for each generation of the dynasty; ability to add photos of sims by age categories; premium icons to highlight the dynasty heir; premium sim avatars; ability to upload a custom tree background; creating a gradient background in the palette from 3 or more colors; premium emojis; additional tree customization options in the future; premium site features that will be introduced as the site develops (updates).

2.5. The ways of using the online service provided to the User include the right to reproduce on a computer device or smartphone, the ability to change settings within the limits available in the personal account, the right to adapt, and the ability to make changes within the functional capabilities of the online service to achieve a specific result on a specific device.

2.6. The Administration provides the User with remote access to the online service through the public information and telecommunication network "Internet", ensuring the necessary level of security for the User's access and interruptions for technical maintenance of the online service.

2.7. The Administration is the sole rights holder of the online service; therefore, the rights to the online service for the User are limited to the "right to use", and access to the online service is provided to the User "as is", meaning that the use of the online service is possible only within limits and in the manner established by the Administration in the documents published on the website regulating the activities of the online service unless otherwise provided by the terms of a special promotion.

2.8. The Administration has the right to temporarily suspend the User's access to the online service for technical, technological, or other reasons for a period necessary to remove obstacles to the User's use of the online service, of which the Users are notified through known means of communication.

3. REGISTRATION ON THE WEBSITE

3.1. For the User to fully access and use the online service, voluntary registration of an account on the website is required. To do this, the User clicks on the "Registration" button and enters truthful data into the particular form of the registration window, with the User responsible for completeness and accuracy.

3.2. After completing the specified actions, a unique code is sent to the email address provided by the User during account registration, which they are obliged to enter in a particular field on the website to confirm registration and activate the account. After completing the actions mentioned above, the User is considered to have passed the voluntary registration procedure on the website.

3.3. After authentication and authorization on the website, the User gains access to the personal account. Subsequent access by the User to the account is carried out by entering the email address (or login) and password in the control point of the particular form of the pop-up window.

3.4. If authenticating on the website is impossible, the User can contact the Administration to restore access to the account using available means of communication. The Administration makes the final decision on restoring access based on the reasons for the inability to authenticate.

3.5. The User must keep the registration and other data about themselves up to date. The Administration is not responsible for the accuracy and correctness of the information provided by the User during registration on the website.

3.6. If the User discovers unauthorized activity by third parties regarding the account or suspicions of compromise of the email address and password, the User must notify the Administration as soon as possible.

3.7. It is assumed that any actions taken by the User using the email address and password are done on behalf and in the interests of the User until proven otherwise, except in cases where the User has notified the Administration of unauthorized access to their account by third parties and such information has been confirmed.

3.8. The User is responsible for maintaining the security of access to their email address and password and is not entitled to transfer this information to third parties. The User may store access to the password in any convenient way for them, which, however, ensures the proper protection of this information and compliance with sufficient precautionary measures.

3.9. The Administration has the right to refuse registration on the website without explanation or to delete (block, suspend) the User's account in case of a significant Agreement violation by the User or if the Administration has reasonable doubts about unauthorized access to the account.

3.10. The Administration, in the cases stipulated by the Agreement, and the User themselves, using a special button in the Personal Account, delete a User's account. This leads to the cessation (restriction) of access to the online service or its part and the deletion of all data previously uploaded by the User to the online service.

4. REMUNERATION AND SETTLEMENT PROCEDURE

4.1. The User undertakes to pay the Administration a fee (subscription fee) for providing access and the right to use the online service in terms of non-activated data and commands in the amount of 100% of the Subscription price published on the website at the time of payment. The fee is paid using the electronic payment system linked to the website, and the User makes a non-cash payment using a bank card.

4.2. Payment cards accepted for payment: VISA, MasterCard, Maestro. When purchasing a Subscription, the payment processing takes place on the bank's authorization page, where the User needs to enter their bank card details (card number, expiration date, security code (CVC2/CVV2), for which the User is personally responsible, into a particular payment form. Suppose the User's bank card is enrolled in the 3D-Secure service. In that case, they will be automatically redirected to the bank page that issued the card to undergo authentication in accordance with the issuing bank's rules and methods of identification.

4.3. If the provided payment details are correct and valid, and using the bank card is technically feasible, the funds will be debited from the User's bank card.

4.4. The Administration may establish other fee payment methods on the website at its discretion.

4.5. The Administration does not control the hardware and software complex of the electronic payment system and is not responsible for errors in the payment processing by the financial institution. In case of refusal to accept payment, non-crediting of funds to the Administration's settlement account, double withholding of the due amount, or other extraordinary situations, the obligation to refund the funds to the User lies with the electronic payment system and the financial institution, with the full assistance of the Administration within its available capabilities.

4.6. The user must use their bank card when paying the fee. If a third party makes the payment, it is a mandatory condition to specify the full name of the person on whose behalf the payment is made for the payment purpose. In case of non-compliance with this requirement, the Administration may request a receipt or other payment document from the User to confirm the payment.

4.7. The fee for providing access and the right to use the online service is not subject to VAT, as the Administration applies a simplified taxation system.

4.8. The User's obligation to pay the Administration a fee for providing access and the right to use the online service is considered fulfilled at the moment the funds are credited to the Administration's settlement account.

4.9. The Administration may unilaterally change the subscription cost by posting up-to-date information on the website. After the User has paid the fee, the new subscription cost for the User who has already paid it is not subject to change.

4.10. Purchasing a Subscription is an independent way of accepting the offer. It signifies that the User is acquainted with and agrees to the Public Offer and has the voluntary intention to access and use the online service.

4.11. The Administration can provide the User with discounts, bonuses, promotional offers, and other preferential conditions for accessing the online service. These conditions may be provided through a special offer (discounts, sales), a referral program (code or link), receiving a promo code, or other individual cases at the discretion of the Administration.

4.12. The offer within the framework of the current promotion or other preferential conditions for access is limited by the period of their conduct, which the Administration informs the User about through the website or other means of communication.

4.13. If the Subscription period expires and the user does not pay the Subscription fee for a new period, access to the online service in terms of non-activated data and commands is automatically blocked until the Subscription is purchased for a new term, the data uploaded by the User during the Subscription is stored for 6 months from the expiration date of the last paid subscription, after which it is permanently deleted.

5. RETURN CONDITIONS

5.1. As a general rule, the cost of the purchased Subscription or its part is non-refundable, except for cases directly provided by the Agreement and the law. The User has no right to demand a refund from the Administration for what it has performed in accordance with the Agreement.

5.2. In case of proper provision of access to the online service by the Administration, the refund of the paid fee, or its part, may be made to the User only in exceptional cases and at the discretion of the Administration, upon the User providing documents confirming the valid reasons for the Agreement termination.

5.3. If the Administration improperly provides access to the online service in violation of the Agreement terms, the Administration will refund the cost of the purchased Subscription upon the User's request, made in writing or in the form of an electronic document.

5.4. The User's statement of refusal to perform the Agreement must contain the applicant's data to the extent sufficient for his identification, information about the Administration's improper performance of the Agreement terms, specific requirements, and other information and details regarding the essence of the request.

5.5. The Administration considers the User's statement of unilateral refusal to perform the Agreement within a period not exceeding 10 (ten) calendar days from the date of receipt and makes one of the following decisions: 1) satisfy the requirements and refund the fee in whole or in part; 2) refuse to satisfy the requirements and justify the reasons for the refusal.

5.6. A full refund of the Subscription cost may be made in case of improper performance by the Administration of its obligation to provide the User with access to and the right to use the online service, provided that its use is impossible due to the fault of the Administration; a partial refund of the Subscription cost, in the amount of the price for each of the remaining (unused) full calendar months, may be made if the User has used the online service but its further use is impossible due to the fault of the Administration.

5.7. If the requirements are satisfied, the Administration shall make a full or partial refund of the Subscription cost no later than 10 (ten) calendar days from receipt of the User's statement of unilateral refusal to perform the Agreement. The refund period does not include the bank's operational time and the electronic payment system required to process the refund transaction.

5.8. The refund of the Subscription cost is made to the same bank card from which the payment was made for its price.

5.9. The termination of the online service by the User, provided it is properly functioning, regardless of the reason, is not a basis for refunding the Subscription cost, both for the used and unused part and is not a basis for non-payment of its cost.

6. DISPUTE RESOLUTION PROCEDURE

6.1. In case of a dispute arising from the Agreement, the parties confirm their commitment and desire to settle it out of court. Suppose the parties disagree on the dispute settlement out of court. In that case, the dispute shall be referred to the Administration's location for consideration, which is an agreement between the parties to determine the jurisdiction of the dispute.

6.2. The party receiving the claim must consider it on its merits and provide a reasoned response within 10 (ten) calendar days from the date of receipt of the claim. After considering the claim, the party shall make one of the following decisions: 1) satisfy the other party's demands and provide actual performance (remedy) of the violation; 2) refuse to satisfy the other party's demands by justifying its decision.

7. RESPONSIBILITY OF THE PARTIES

7.1. The parties bear civil legal responsibility for non-performance or improper performance of the obligations undertaken under the Agreement and other types of liability by applicable legislation, depending on the nature and degree of the violation committed and different actions (inaction).

7.2. The Administration is not responsible to the User for the online service not meeting their expectations or for their subjective (negative) assessment, which under no circumstances can be a basis for considering the Administration's performance of its obligations under the Agreement as improper.

7.3. The Administration is not responsible for the consequences of the User's use of the online service, any losses incurred, or adverse consequences for the User in connection with the User providing inaccurate information about themselves.

8.FORCE MAJEURE

8.1. The parties are released from liability for full or partial non-performance of obligations undertaken under the Agreement if such violation was a result of force majeure, namely: fire, flood, earthquake, strike, war, prohibitive actions of state authorities, foreign states, international sanctions, or other circumstances beyond the parties' control, arising after the conclusion of the Agreement.

8.2. A party that cannot fulfill its obligations under the Agreement due to force majeure must notify the other party promptly, but by 72 hours after such circumstances, providing documents confirming these circumstances. If the force majeure lasts more than 14 (fourteen) calendar days, any party may initiate the termination of the Agreement.

9. INTELLECTUAL PROPERTY

9.1. Copyright to the website, which includes personal non-property rights such as the right to authorship, right of the author to name, right to the inviolability of the work, and right to disclose the work, arises from the moment of creation, is unlimited in duration, and belongs to the Administration. These rights are distinct from property rights, which are exclusive to the Administration as detailed in the following section.

9.2. Exclusive copyright (property rights) to the website belongs in full to the Administration, arises from the moment the website is created, and is valid for the entire life of the author and 70 years after the author's death, calculated by applicable law.

9.3. The Administration's intellectual activity results are protected by copyright. They are protected by law in all forms, on any media, and about any technologies, both existing and developed or created subsequently.

9.4. As a User, you are granted access to the intellectual property owned by the Administration, which is not available in the public domain. By utilizing these results of scholarly activity, you acknowledge and agree that the Administration is the copyright holder of these works, they are the result of its intellectual activity, or it is their right holder on legal grounds. This understanding ensures that you are fully aware of your rights and obligations regarding the use of this intellectual property.

9.5. In the interaction between the parties under the Agreement, the transfer of copyright (personal non-property rights) and exclusive copyright (property rights) to any results of intellectual activity from the Administration to the User does not occur.

9.6. As a User, it is crucial that you refrain from any actions that violate or may violate the Administration's copyrights. This is not just a legal requirement, but also a way to ensure that the Administration's intellectual property rights are respected and protected, which is of utmost importance.

9.7. The User is permitted to utilize the results of the Administration's intellectual activity by reproducing them on their device strictly for personal use, provided such use does not infringe upon the Administration's copyrights.

9.8. The User is obliged to immediately inform the Administration of any known facts of infringement of the exclusive rights of the Administration. Any processing, recording, copying of the online service or its elements, translation into a foreign language, processing into a computer program, and creation of new results of intellectual activity derived from the website is prohibited without obtaining particular (written) permission from the Administration. To obtain such permission, the User should submit a written request to the Administration, detailing the specific actions they wish to undertake and the reasons for their request.

9.9. The User is prohibited from using objects of copyright belonging to the Administration for commercial purposes without its special (written) permission.

10. PROCEDURE FOR AMENDING OR TERMINATING THE AGREEMENT

10.1. The Administration retains the right to modify or supplement the Public Offer unilaterally. This can be done by revising the current version or approving a new one, and the User should be aware of this possibility.

10.2. The Administration is obliged to notify the User of any changes or the approval of a new version of the Public Offer on the day they enter into force. This will be done by publishing such changes on the website or by sending a notification to the email address you provided. This clear and direct communication ensures that you are always informed and can act accordingly.

10.3. The new version of the Public Offer applies to all Users, including those who accepted it before the effective date of such changes. In this regard, the parties understand and agree that these changes apply exclusively to legal relationships that arise after they enter into force.

10.4. If the User continues to perform reciprocal actions after changes have been made to the Public Offer, it is assumed that such actions express his complete and unconditional Agreement with the Public Offer in the new version, based on the Acceptance previously made by him. Acceptance of the Public Offer is a legally binding action that signifies the User's Agreement to abide by the terms and conditions outlined in the Agreement, including any future amendments or modifications.

10.5. The Agreement may be terminated on the following grounds:

10.5.1. By mutual Agreement of the parties.

10.5.2. By the User's initiative unilaterally (out-of-court).

10.5.3. By the Administration's unilateral initiative (out-of-court), in case of material breach of the Agreement by the User and other cases provided for by applicable law.

10.6. The Agreement terminates after the expiration of the Subscription period if it is not renewed for a new term.

10.7. At the request of one of the parties, the Agreement may be amended or terminated by a court decision only: 1) in case of material breach of the Agreement by the other party; 2) in other cases provided for by applicable law. A material breach is considered to be a breach that causes such damage to the other party that it significantly deprives it of what it relied on when entering into the Agreement.

11. EXCHANGE OF LEGALLY SIGNIFICANT MESSAGES

11.1. The parties may exchange legally significant messages related to the emergence, modification, or termination of obligations based on the Agreement using email, messengers, registered mail, or courier delivery, using only those details specified in the Public Offer and provided by the User during the interaction between the parties.

11.2. Documents sent by the parties to each other via email or messenger are considered electronic documents signed with a simple electronic signature. They are equivalent to a document on paper signed by the parties and have legal force. The password serves as the key for the simple electronic signature, and the login to the specified communication tools is the key for verifying the simple electronic signature.

11.3. The sending of electronic documents implies their prior documentation on paper with all the mandatory requisites, transferred into electronic form using scanning tools. The parties also consider the electronic message's typed text (body) as an electronic document.

11.4. The day of receipt by the addressee of documents and other legally significant messages is considered the day of their dispatch (electronic document flow), the day of receipt of the shipment at the place of issue (written document flow).

11.5. The parties undertake to maintain the confidentiality of access to the specified communication tools and promptly notify each other of any compromise and the inability to open or view shipments. In the absence of such notification, the documents and legally significant messages that were sent are considered duly delivered.

12. CONFIDENTIALITY

12.1. When processing personal data, the Administration follows the Law Regulation (EU) 2016/679 of the European Parliament and of the Council of the European Union "On the protection of natural persons about the processing of personal data and the free movement of such data, and repealing Directive 95/46/EU", as well as other applicable regulatory legal acts of the legislation. The procedure for processing personal data is determined by the Privacy Policy, which is an integral part of the Agreement and is located on the website in the "Privacy Policy"section.

12.2. If the User intends to provide the Administration with their personal data, use the website, or access the online service, a mandatory condition is the User's prior acquaintance with the Privacy Policy and voluntary provision of their consent to the processing of personal data in the manner established on the website.

13. CONCLUDING PROVISIONS

13.1. The public offer contains the entire scope of agreements between the parties regarding the subject matter, term, price, and other essential conditions of the Agreement, which cancel and invalidate all other obligations or representations that may have been accepted or made by the parties orally or in writing before the acceptance.

13.2. The parties do not formalize a separate Acceptance Certificate (acceptance of access provision and transfer of the right to use the online service) to confirm fulfilling their obligations under the Agreement, except in cases where one of the parties has made a corresponding request.

13.3. After the Acceptance, all previous oral or written agreements between the parties are considered null and void, and the parties are governed exclusively by the terms of the Agreement. In all other matters not provided for in the Agreement, the parties are governed by applicable law and without a legal norm regulating the arising legal relations by business customs or scientific doctrine.

13.4. The parties acknowledge that if any of the individual provisions of the Agreement becomes invalid during its term due to changes in legislation or a court decision, the remaining provisions of the Agreement remain binding on the parties for the duration of the Agreement.

13.5. If either party's details change, the initiating party must notify the other party promptly but no later than 5 (five) working days from the moment of the change. The parties agree that notifications and payments made to old addresses or details before receiving notification of their change are considered duly and properly executed.

13.6. The Agreement on connecting recurring payments is integral to the Public Offer. The Public Offer is drawn up in Russian, published on the website for free access, and its original copy is kept at the Administration's location.

ATTACHMENTS:

№1: «Agreement on connecting recurring payments».