FlyPenny Services User Agreement

Latest update: March 14, 2018

The present User Agreement (hereafter named the Agreement) is a contract between you and ‘Double B’ Joint Stock Company (hereafter the Company), registered under the legislation of the Russian Federation, at the address of Russian Federation, Moscow, 121609, Krylatsky Kholmy street 7, bl. 2, office # VII. The Agreement applies to your use of ‘FLYPENNY.COM Thanks Monetization Service’ computer program, in any embodiment, for any soft/hardware platform. The Company is the designer of this computer program and FlyPenny computer database; the copyright is protected with the certificate of ROSPATENT # №2016616426 as of 08.08.2016.

By accepting this Agreement, you also accept and agree to all terms and conditions contained in all applicable agreements and policies, including the FlyPenny Services Privacy Policy.

The Company has the right, at any time, to amend this Agreement (hereafter named the Update) and inform about that by publishing the updated version of this Agreement on the Internet website The amendments can be undertaken unilaterally, by the Company. The Company undertakes to provide an advance thirty-day notice prior to making any changes that come into effect after thirty-day period. The requirement for thirty-day notice does not apply to changes on the addition of a new service or additional functionality to the existing FlyPenny service, or any other changes that, in the Company’s opinion, do not diminish the rights nor increase the amount of the User’s responsibility. In such cases, changes shall be made without sending notice and come into effect immediately.

In case you do not agree to the Update, you should close your account in due procedure. Absence of objections from the User’s part in the form of the thirty-day account closure (cancellation), after the appropriate notice is considered as your consent to the Update. This Agreement is an important document to be thoroughly studied before making a decision on using FlyPenny. Please pay attention to the following benefits and risks of using FlyPenny:

  1. One accounting unit of Thanks is named Penny (hereafter Penny) and stands, as well, for the means of bonuses and discounts calculations at retailers (hereafter Bonuses).
  2. Retailers have the right to set the value of Bonuses independently when offering discount calculated as Bonuses, e.g. 1 Penny = 1 US cent, 1 Penny = 1 RUR, etc.
  3. FlyPenny is not a payment instrument and does not apply for money transfers between users. Penny can be canceled, e.g. in case of detection of Thanks from impersonal or unconfirmed accounts, identified cheating Thanks counter (Balance, Bonuses), or other reasons that suggest fraud actions of a User or a software bot.
  4. The Company has the right to close, suspend or restrict access to any FlyPenny account in case of the User violation of this Agreement, FlyPenny Services Privacy Policy, or other agreements signed with the Company.


‘The Company’, ‘we’, ‘us’, ‘our’ means ‘Double B’ Joint Stock Company registered under the Russian legislation and located in the еру Russian Federation, Moscow, 121609, Krylatsky Kholmy street 7, bl. 2, office # VII.

‘Affiliate’ indicates a company that is a direct or indirect subsidiary of the Company, or is in some other way related to the Company through share ownership or control.

FlyPenny is a ‘FLYPENNY.COM Thanks Monetization Service’ program designed by the Company, protected with the ROSPATENT certificate #2016616426 as of 08/08/2016, which functions in the Internet under the secure HTTPS-protocol at, and is being produced by the Company in the form of applications for mobile devices operated by current versions of Windows, iOS, Android.

‘FlyPenny Services’ indicates all our services for Users and any other functions, technologies, and/or functionality offered by us at our website, or in the form of applications for mobile devices as well as any other means, including services for sending Thanks, Penny Selling, but not limited thereto.

‘User’ means any competent legal entity or person over the age of fourteen using FlyPenny Services.

‘Account’ means the instrument granted to the Users to express their gratitude online which includes a variety of tools, methods, procedures, instructions or requirements set out at the FlyPenny website, and which allows user access to FlyPenny Services and/or using it.

‘Personal Account’ or ‘User Account’ is a FlyPenny Account owned by the User, which is used exclusively for purposes within this Agreement.

‘Checking’ means checking the User, including compliance with the Federal Law #115-ФЗ on counteraction to legalization (laundering) of proceeds from crime and terrorist financing as of August 7, 2001, as well as other applicable laws and regulations of the Russian Federation.

‘Account Profile’ means the section at our website where, after logging in, you can view information on the Account and manage the Account, including personal data editing, binding with phone numbers of mobile communication operators, linking e-mail addresses, making updates, tuning hash tags, setting time zones, as well as disable recurrent Thanks.

‘Thanks’ within FlyPenny indicates a set of online meta-data with the Sender’s and Recipient’s brief data, the Thanks Text, the Penny unit, though is not limited by that.

‘Sender’ is the User who initiates the Thanks sending.

‘Recipient’ is the User who the Thanks are sent to.

‘Thanks Text’ is the ready-made set of texts shown as a list of specific gratitude, e.g. ‘Thanks for the knowledge!’ or ‘Thanks for the delicious food!’ etc. A special text which can be tuned to work with particular BLE-tags of a particular User may be available as well.

‘Thanks Text by default’ is the text reading ‘Thank you!’ free of specification. It is assumed that it goes between the Sender and the Recipient that is why no specific Thanks Text is needed.

‘Penny’ is the Thanks counting unit, with 1 (one) Penny always equal to 1 (one) Thanks. Penny is not a currency nor anything of the type, as well as not electronic or virtual currency, is not a means of payment, and is intended primarily to count the number of Thanks and can be used by retailers as bonus units. 1 (0ne) Penny is a whole unit, has no fractional part, and does not form new counting units with fold increase. All Pennies indicate a counting tool which provides the FlyPenny work; Penny is sold exclusively by the Society, under the terms and rules stated by the Company.

‘Balance’ is indicated, in one’s personal Account, for counting the received and sent Pennies between FlyPenny users.

‘Penny Buying’ or ‘Bonus Balance Filling’ indicates the User’s purchase or receipt of Pennies from the Company. The purchased Pennies are added to the Balance. Any checked User can buy Pennies from the Company. The User transfers, from his bank card or bank account, funds to the Company’s account thus adding Bonus Penny units to the Balance of their Account. The cost of 1 Penny is determined by the Company and is 0,01 US dollar. The payment is made in national currency (rubles) at the exchange rate of the Central Bank of the Russian Federation on the day of payment, free of any fee.

‘Penny Write-off’ means the decrease of Balance by the checked User in favor of some other User, or for discounts offered by retailers.

‘100 Penny for registration’ means 100 Pennies that appear on the User’s Balance, at registration of the user Account. The Company is free to change the amount of these Pennies at registration to encourage the FlyPenny functioning.

‘Zero Balance’ means that all Penny were spent and Penny Write-off is forbidden. At the same time, it is possible to replenish the Balance both, at the expense of the User funds and that of other Users by receiving Thanks from their part.

‘Recurrent Thanks’ or ‘Regular Thanks’ indicate periodic daily Thanks automated every 24 hours that do not require any additional action from the Sender. Such Thanks are activated, at the time of sending, by the Sender physically by setting the ‘Repeat Daily’ banner. Recurrent Thanks can be disabled (removed) in the Profile of your Account at any time.

‘Bank Card’ is a debit or credit card issued for you by a credit institution.

‘Working days’ means all days when banks in Russia are open for customer service, except weekends and any public holidays officially celebrated in Russia.

‘Notification’ is any information on the Account or completed transaction given by the Company, including any Policies and Agreements you accept, as well as updating of such policies and agreements, annual reports, receipts or confirmation of the sent Thanks, history of sending and receiving of Thanks.

‘Days’ means calendar days.

‘Error’ indicates discrepancy of the established electronic processing of sending and receiving Thanks between User Accounts.

‘Fee’ is the cost of the Company's services in the form of a fixed portion, part of percent of the Pennies sold by the User.

‘Data’ is any information on an Account or a User, including the mobile phone number, email address, financial information, but not limited by such.

‘Irrevocable’ regarding the Thanks means that the sent Thanks shall not be revoked by the Sender.

‘Unconditional’ regarding the Thanks means that all conditions necessary for sending and receiving Thanks were perfectly observed by the User.

‘Source of funds’ indicates the source of financial funds chosen by the User to replenish their Balance.

‘Policy’ or ‘Policies’ mean any policy or any other agreement adopted between you and the Company, within using FlyPenny services.

‘Update’ bears the meaning given to this term in the entering part of the present Agreement.

1. FlyPenny and the Right to Use It

1.1. FlyPenny Opportunities

FlyPenny allows to send Thanks on the Internet and to count them in 1 Penny unit. FlyPenny operates sending of electronic text messages with words of gratitude and counts them: 1 (one) sending of a Thanks text is always followed by transfer of 1 (one) Penny unit to the balance of the Recipient.

FlyPenny is not a public telecommunication network or a public communal service. Under Article 426 of the Civil Code of the Russian Federation, this Agreement does not constitute a public contract. Under Article 317.1 of the Civil Code of the Russian Federation, no interest in respect of obligations of this Agreement shall be assessed.

1.2. Terms of Use

FlyPenny is available for any legal entity or individual over the age of fourteen, who are physically able to sign an agreement and have a personal mobile phone number registered on the User’s name.

In your Account, you should specify the correct country of residence. Users who are residents of other countries can find agreements that apply to their countries on web pages for the respective countries.

2. Accounts

2.1. Account Types

The Company provides two types of accounts: Physical Entity Account and Legal Entity Account. One and the same User cannot owe more than one account. By registering, using and accepting terms of this Agreement you confirm that you do not act on behalf of an unmanned principal, third-party beneficiary of beneficial owner.

2.2. Checking

Restrictions, stated in Section 2.3, shall be applied on any Account depending on the success of the relevant Checking.

2.3. Restrictions

Your Account is subject to certain restrictions, depending on whether the Account belongs to a real physical person or legal entity and the Checking was completed successfully.

3. Checking

3.1. Data

For Penny writing off the User shall provide the Company with their true and relevant Data. Such Data may consist of any documents for identification of a person or legal entity, their bank account or bank card number. In the absence of notice from you on any change of your Data we consider it relevant. You authorize the Company directly or through a third party to request any information that the Company finds necessary for checking. This may include (without limitation) an additional data or document request, confirmation on your personal ownership of your phone number or your electronic mail address, checking of information about you through third parties or other sources.

3.2. Requests

The Company reserves the right to request additional information, apart from the data mentioned in this Agreement, which enables to comply with its obligation to combat money laundering. You agree to provide all requested additional information reasonably required by the Company to comply with the latter obligation. This may include (without limitation) the requirement, within due time, of certain documents by email, or otherwise. You also agree to provide, on your own expense, in response to a reasonable request of the Company, information on the sources of funds intended to be credible on your Account.

3.3. Data Update

You shall update your Data in appropriate time, be accurate to provide reliable information which, from time to time, might be requested by the Company. In case of discrepancy between the Data in your Account and the data according to documents provided by you for Checking, the Company reserves the right to change the Data so that it is consistent with the documents provided. If the number or the valid date of your bank card is changed the Company can get such information from partners in financial services and update the appropriate information in your personal Data.

3.4. Actual Holder

You have to be the actual holder of the account and act only from your own name.

4. Thanks Sending

4.1. Thanks Sending to a Registered Account

To send Thanks the User selects the Thanks Text from the prepared list and indicates the Recipient’s phone number with the country code (e.g. +79991112233) or the email address which should be given in advance and confirmed in the Recipient’s Account.

Sending Acknowledgment using BLE-tags to mobile devices is only possible on an existing Account, provided that the current version of the mobile device software is used, as well as the Bluetooth, within the BLE-tag broadcast zone.

4.2. Thanks Sending to an Unregistered Account

When sending Thanks to an unregistered account only the mobile phone number is indicated. For such phone number, a new Account will be created and an invitation sms containing a login and password for FlyPenny Service will be sent. On the first logging into FlyPenny Service it is necessary to specify your name, country of residence, time zone, and to change the password to a new one known only by the User.

Sending Thanks by means of BLE tags on mobile devices to non-existent Accounts is forbidden.

4.3. Thanks Receiving

Thanks successfully sent are immediately displayed in the Recipient’s account and does not require any other action from the Recipient.

Successful receipt of Thanks is always followed by Balance increase to one counting unit.

4.4. Final and Irrevocable Thanks

Thanks sending is considered final and irrevocable once, in FlyPenny database, the transaction will occur to count Thanks from the Sender to the Recipient and 1 (one) Penny unit from the Sender’s Balance to that of the Recipient.

4.5. Notification

If the User activates, in his Account profile, Notification by email and confirms her/his email address, FlyPenny immediately notifies the User on the received and sent Thanks.

5. Sources to Fill the Balance

5.1. Other User Sources

When the Thanks Text is transferred together with 1 Penny thus you authorize the Company to transfer 1 Penny from your Balance and on your behalf to the Recipient’s Balance.

5.2. Sources of the Account Holder

Thanks Balance can be filled from the bank card account or the bank account of the Account holder. Transfer of funds to the Company account shall be operated only in the Russian national currency at the current rate of the Central Bank of the Russian Federation. Legal entities replenish their Balance on the basis of the invoice issued.

5.3. Increase of Thanks Balance Within Special Events

Your Balance of Thanks can be increased by the Company, its Affiliates or partners within competitions, promotional events, programs and other activities undertaken together with the Company.

6. Bonus Write-off (Penny) on the Thanks Balance

6.1. Penny on the Balance shall be written-off only by Users-retailers.

The Penny amount on the Thanks Balance can be written-off as Bonuses when the User is paying for their purchase at retailers.

6.2. Limitation on Bonus (Penny) Write-off

From the Company part, there are no any limitations on writing-off Bonuses.

6.3. Commission for Bonus (Penny) Selling

When the Penny Selling to the Company is executed the Company gets 10% commission.

7. Account Closure

7.1. How to Close an Account

Account can be closed at any time, under instructions in the Account Profile.

7.2. Restrictions on Account Closure

Closing of the Account does not waive investigation. In case the User intends to close her/his Account during investigation, the Company reserves the right to block the Thanks counter in order to protect the Company, Affiliates or third parties against the risk of claims and other obligations. The User is responsible for all obligations related to their account even after its closure.

8. Protection Programs Offered by the Company

By signing this Agreement you also accept the terms of the protection programs provided by the Company, according to which you can get protection in the following situations.

8.1. Protection from Unauthorized Thanks Sending and Errors

In case of unauthorized Thanks sending together with the transfer of 1 Penny or an Error on your Account (except for unauthorized actions or errors initiated beyond FlyPenny structure), the Company shall reimburse, in full amount, Pennies associated with the unauthorized Thanks sending, or every Error showing signs of an Error provided that you observe the terms listed below.

An unauthorized sending is Thanks sending together with 1 Penny transfer via Account which was not authorized by the Account Holder but was executed against her/his will. E.g. when your password was stolen and used to access the account in order to send Thanks from the account, such sending shall be considered an unauthorized one. When you give someone access to your account by disclosing your data and such person sends Thanks without your permission, it is you who is responsible for the consequences.

8.2. Terms of Notification

You should notify the Company with no delay if you assume the following:

To be eligible for protection against Unauthorized Thanks sending it is necessary that you notify us within sixty days after the occurrence of any unauthorized sending in an extract from your account history. When serious reasons occur (e.g. hospitalization) this period may be extended.

It is necessary to check your Account and review the account history regularly in order to catch any unauthorized Thanks sending or Errors. FlyPenny also sends emails to the main registered email address to notify the User of every Thanks sending from her/his account, provided that the User has configured the relevant notification. It is also necessary to check confirmation on such sending to ensure accurate transfer of every Thanks.

In case you detect any unauthorized Thanks sending or Errors on your Account, you should notify us by emailing to your letter which contains as follows:

In case of oral notification the Company may require a written claim within 10 (ten) working days. We may also require some extra data for investigation.

In order to promptly notify the Company of any of the events described in this Section, it is strongly recommended to regularly monitor transactions on your Account.

8.3. The Company’s Activity after Notification

Immediately after being notified of any potential error or unauthorized sending and after receiving the information on such events in any other way we carry out an investigation to determine any unauthorized sending or errors thus realizing the User’s right to protection .

The investigation is carried out within 10 (ten) working days from the date of receipt of notification of unauthorized sending or error. If your account is new (i.e. the first Thanks sending from your Account was made in less than 30 working days before the date of the notification), an investigation may take up to 20 business days. If we need more time, the investigation may be extended to 30 days (or 60 days when the investigation is related to foreign Thanks sending).

We shall inform you about your decision within 3 (three) working days after completion of investigation.

If the fact of unauthorized sending or error is found we shall immediately correct the Thanks Balance in your Account within 1 (one) working day after completion of investigation.

In case of absence of an unauthorized sending or error, we shall send you an email containing reasons for such a decision.

8.4 FlyPenny Errors

We shall correct every found Error. If an Error resulted in not receiving Penny on your Balance, the Company shall reimburse it to your Balance. If an Error resulted in excessive Penny enrollment, the Company shall take that excess out from your balance.

8.5. Your Errors

If you mistakenly send Thanks to the wrong Recipient (e.g. due to a misprint), such sending is irrevocable. The Company shall not reimburse or cancel Thanks sending which appears to be the User’s error.

8.6. Security of the Account

To ensure security of your Account, you shall agree to the following:

9. Forbidden Actions

9.1. Forbidden Actions List

When using our website, your Account or the FlyPenny Services, or while interacting with other FlyPenny users or third parties, you shall not undertake the following:

10. Your Responsibility and Possible Actions from our Party

10.1. Your Responsibility

General provisions. You are responsible for all claims, fines, penalties and other obligations to the Company by the User or the third party, existing or arising out of your breach of this Agreement and/or your using of the FlyPenny Services. You shall agree to the compensation to the Company, the User or the third party damages regarding any and all of the above listed forms of responsibility.

10.2. Reimbursement on the Basis of the Agreed Responsibility

In case you have a debt to the Company, the Company will take appropriate steps to obtain the compensation amount from you.

10.3. Forbidden Actions

If the Company, in its sole discretion, believes that you might be involved in any Forbidden Actions, we can take a variety of measures to protect the Company, our Affiliates, other users, other third parties, or you from claims, fines, penalties and any other forms of responsibility. Within such measures we can use the following:

10.4. Blocking of the Account to Prevent Possible Risks

The Company, in its sole discretion, can restrict access to FlyPenny Services, if the Company has reason to believe that there is a high probability of risk associated with you, your Account or your Thanks sending activity. Such decisions might be based on various factors. The Company might rely on information obtained from third parties.

10.5. Account Closure, Refusal to Offer Services, Restricted Access to the Account, Confidential Criteria

The Company, in its sole discretion, reserves the right to terminate this Agreement and/or block access to FlyPenny Services at any time, in case of violation of FlyPenny Services regulations, including terms of this Agreement, the Privacy Policy or any other policies of the Company, by sending you a notification.

In case the Company limits access to your Account, an appropriate notification about our actions shall be sent, as well as the right to request access restoration to your Account shall be given, if we consider you eligible to such a right. You shall acknowledge that the decision of the Company regarding certain measures, including access restriction to your Account, might be based on confidential criteria that are integral part of our risk management strategy and security of other FlyPenny users in general. You agree that the Company shall not provide you with information on the measures the Company undertakes to ensure risk management and security.

10.6. Balance Write-off

You agree that we can write off any amount of Penny on the Thanks Balance that belong to you or controlled by you, in case of any breach of this Agreement.

11. Disputes with the Company

If a dispute arises between you and the Company, we strive to get all the information about the problems you are having and solve them; in case we cannot offer you a satisfying solution, we shall offer you an intermediate favorable means to resolve the dispute as soon as possible.

11.1. Priority in Informing the Company

You agree that you shall report the Customer Support Service via online FlyPenny Support Center (at any time) or by phone, listed on the FlyPenny web site, on all disputes between you and the Company regarding FlyPenny Services.

You agree that, under the above listed procedure, contacting Customer Support Service regarding a dispute is mandatory and prior for dispute settlement before the court trial, and that any suit against the Company, in violation of Section 11.1, shall be rejected by the Russian court, under article 135 of the Civil Procedure Code of the Russian Federation, or, depending on circumstances, under article 148 of the Arbitration Procedure Code of the Russian Federation.

11.2. Dispute Settlement Jurisdiction

If the decision on the dispute between you and the Company is not accepted within 30 (thirty) or 60 (sixty) days (depending on circumstances) from the date of registration of the dispute by the Customer Support team, under Section 11.1, you agree that the suit shall be completed by a competent court on the Russian territory. You agree to submit to the jurisdiction of the Russian court in such disputes.

11.3. Legislation

This agreement shall, in all respects, be governed under legislation of the Russian Federation and applicable to agreements signed and realized on the territory of the Russian Federation, except for conflict rules of law.

11.4. Notices

You agree that the Company might send you notices on FlyPenny Services by email. The Company reserves the right to close your account in case you refuse to receive such emails from the Company. All electronic messages are considered received by you in 24 hours since the time of publication on our web side or the time of emailing to your address. Any notice sent to you by mail shall be considered received in 3 (three) working days from dispatch.

11.5. Messages to the Company

Except cases listed in Section 11.1, messages to the Company are be sent by mail to the following address: Office VII, Krylatsky Kholmy street, 7-2, Moscow 121609, Russian Federation.

11.6. Bankruptcy Procedure

In case of any bankruptcy suit, under any bankruptcy or insolvency law, the Company shall have the right to claim for all reasonable costs or expenses (including fees and legal expenses) incurred in connection with conditions of the present Agreement.

11.7. The Company’s Liability Release

If case of your dispute with one or more FlyPenny users you shall release the Company as well as its Affiliates (and their officers, directors, agents, employees, providers and joint ventures) from liability, any and all claims, demands and damages (actual and consequent) of any the kind and nature, arising out of or in connection with such dispute.

12. General Provisions

12.1. Limited Liability

Under no circumstances, neither we nor our affiliates, officers, directors, agents, employees, providers, joint ventures shall be liable for lost profits or any actual, incidental or consequential damages arising in connection with our website, FlyPenny Services, this Agreement or your use of the Account (regardless of the cause of such damages, including negligence). Our responsibility and liability of our affiliates, officers, directors, agents, employees, providers and joint ventures to you or to any third party, under any circumstances, is limited to the actual amount of direct losses.

12.2. Limited Service

The Company is not responsible for Thanks sent using FlyPenny Services and does not control these. We do not guarantee the User identification.

12.3. Disclaimer

The Company's service is provided ‘per se’, with no directly stated, implied or statutory warranties. The Company, our affiliates, officers, directors, agents, employees, providers and joint ventures shall directly declare the refusal to submit any warranties of title, merchantability, fitness for a particular purpose or non-infringement of third party rights.

The Company shall ensure reasonable efforts for timely processing Thanks sending, nevertheless the Company does not state or offer warranty regarding the time necessary to perform processing of such operations, since FlyPenny service depends on many factors beyond our control, such as delay of the data center part or the postal service.

12.4. Indemnification

You agree to protect, indemnify and hold harmless the Company, our affiliates, officers, directors, agents, employees, providers and joint ventures in connection with any claims, demands (including legal fees), fines or other forms of liability to any third party arising as a result of your breach of this Agreement and/or use of FlyPenny Services.

12.5. The Right to Use

If you use the Company software such as the API, set of tools for developers or any other application that you have downloaded to your computer, device or another platform, the Company grants you a revocable, non-exclusive, non-transferable license to use the software of the Company, under the documents. This license includes the software and all updates, upgrades, new versions and replacement software. You have no right to give rent, lease or transfer your right for such software to a third party in any way.

You must comply with the regulations of use contained in all accompanying documents to FlyPenny Services. Failure to comply with the Company's requirements for the use leads to your responsibility for all damages that you incur to the Company and third parties. You shall agree not to modify, copy, adapt, distribute, display, publish, convert, translate, break into pieces, decompile or recreate in any other way any source code obtained through the software.

You acknowledge that all rights, title and property rights for the Company software belong to the Company. Any third-party software application that you use on FlyPenny website shall be used under the license the terms of which you have settled with the third party that provides you with such software. The Company does not own or control any third-party applications used by you on the FlyPenny website and/or in connection with FlyPenny Services, and is not responsible financially or in any other way for such third-party applications.

12.6. Intellectual Property

‘FlyPenny’, ‘’, ‘’, and all URL, logos, and trademarks related to FlyPenny Services shall be trademarks or registered trademarks of the Company or its licensors. You have no right to copy, imitate or use these marks and logos without the prior written consent of the Company. In addition, all page headers, custom graphics, button images and scripts are service marks, trademarks and/or elements of the corporate FlyPenny design. You have no right to copy, imitate or use these marks without the prior written consent from us. You shall not, in any way, alter, modify or replace these logos or use them to harm the Company or FlyPenny Services, nor place them in any manner that implies sponsorship or endorsement by the Company. All rights, property rights, the website and content property rights of FlyPenny and FlyPenny Services, technology of FlyPenny Services and its content created by or resulting from the use of the above-mentioned shall be the property of the Company and its licensors.

When you provide us with a content or publish a content (both online and offline) using FlyPenny Services, you grant the Company non-exclusive, irrevocable and royalty-free rights, without territorial and time restrictions, with the right to transfer all of them (including a multilevel transmission) in respect to all copyrights, rights of publication, trademark, database rights, and exclusive rights that you hold at this time or will obtain in the future regarding such content on any medium. Also, to the extent that is permitted under the applicable law, you waive any moral rights and agree to refrain from implementation of such rights regarding the Company and persons to whom such rights have been assigned or transferred under the Company's license. You state and warrant that none of the listed hereafter shall violate any intellectual property rights, such as providing of your content to our address, publishing of the content using FlyPenny Services, and use such content (and its derivatives) in connection with FlyPenny Services.

12.7. Marketing

When, by using FlyPenny Services, you get Data on any other User, you shall preserve confidentiality of such information and use it only in connection with FlyPenny Services. You have no right to disclose or transfer such User Data to a third party, or use it for marketing purposes without the direct consent of the User.

12.8. Password Security

You are responsible for ensuring security and control of various personal IDs, passwords, personal identification numbers (PIN-code), and any other codes used to access your Account and FlyPenny Services.

12.9. Taxation

It is your responsibility to determine the tax levied on the purchase of Penny, as well as to collection, declaration and remit of taxes to the appropriate tax authorities. The Company is not responsible for the definition of applicable taxes, as well as for the collection, declaration or statement of any taxes in relation to purchase of Penny. You have to apply to your local tax advisors to determine the taxes applicable to you, and pay taxes accordingly to the tax authorities. Any payment regarding FlyPenny Services do not include any deduction or withholding of any taxes, fees or other deductions on the Account. You are solely responsible for any such deduction or withholding, if required under the law of an appropriate state.

12.10. Completion and Guarantees

This Agreement, together with all applicable Agreements and Policies set forth on FlyPenny website, completely states all agreements between you and the Company in connection with FlyPenny Services. If any provision of this Agreement is found invalid or unenforceable such provision shall be abolished, while the rest of the Agreement shall be followed.

12.11. Cession of Rights

You shall not transfer or assign your rights or obligations under this Agreement without the prior written consent of the Company. The Company reserves the cession of right to this Agreement or any rights or obligations under this Agreement at any time without your consent.

12.12. Translation

Any translation of this Agreement is intended solely for your convenience and is not applicable to change of terms of this Agreement. If any inconsistency between the Russian text and the text in any other language of this Agreement occurs, the Russian text shall prevail.

12.13. Absence of Restriction

Absence of restriction, on our part, regarding your or other users violation of this Agreement does not negate our right to use appropriate measures in relation to subsequent or similar violation.

12.14. Permission to Contact and Phone Calls Recording

You shall give your permission to receive automated or pre-recorded phone calls and text messages from the Company to any phone number indicated by you or obtained by us otherwise. We can make calls to your number and send text messages to: (I) send notifications on your Account; (II) troubleshoot for your Account; (III) resolve disputes; (IV) collect debts; (V) poll your opinion; (VI) send you proposals and commercials; (VII) realize other purposes necessary to serve your Account or fulfill this Agreement, our Policies, applicable law or other agreements signed with you. You can provide us with your phone number by any of the following ways: indicate your phone number on registering your Account, add your number to your Account later, give it to our employee or contact us directly from that number. You agree to receive sms or text messages to your cell phone number. We do not disclose such numbers to any third parties for their purposes without your consent, nevertheless we have the right to give information on your phone number to our Affiliates and service providers such as billing companies contracting with us in order to support and realize our rights or obligations under this Agreement, our Policies, applicable law or other agreements signed with you. You agree that such service providers mentioned purposes but not in their own interest. Fees might apply for such calls or text messages.

You understand and agree that the Company might, at its sole discretion and without prior notice or warning, monitor and record phone conversations between you and your representative, on the one hand, and the Company or its agents, on the other hand, in order to verify the quality of training, and in order to protect themselves. You acknowledge and confirm that conversations with the Company might be monitored, tracked and recorded without prior notice or warning. The Company cannot record all telephone lines or conversation and does not guarantee that specific recording of phone conversations is saved and can be restored.