End User License Agreement (EULA)

Effective date: 15 April 2026. Current version.

This End User License Agreement (the "Agreement", the "EULA") governs the grant to you of a non-exclusive license to use the Shkiper mobile application for iOS and Android operating systems (the "Application"). The licensor and rightsholder is Individual Entrepreneur Morev Valentin Valentinovich (ИП Морев Валентин Валентинович), registered in the Russian Federation (the "Licensor", "we"). You may contact us at hello@shkiper.app.

By installing, copying, downloading or otherwise using the Application, you (a natural person at least 16 years of age; the "User", "you") confirm that you have read, understood and fully and unconditionally accept the terms of this Agreement. If you do not agree to any term, you may not install or use the Application and must remove it from all of your devices.

This Agreement is a license agreement within the meaning of Article 1235 of the Civil Code of the Russian Federation and a public offer within the meaning of Article 437. Your acceptance of this offer is effected by installation or launch of the Application (Article 438). This Agreement governs the license to the copy of the Application installed on your device; the provision of cloud services (including AI answers) is governed by a separate Terms of Service document.

1. Definitions

The following terms are used in this Agreement:

"Application" means the Shkiper computer program in executable binary form, distributed through the Apple App Store and Google Play, including all modules, resources, fonts, graphical and audiovisual materials, embedded educational content and updates that you receive under the license.
"Device" means a mobile device owned or controlled by you running a supported version of iOS or Android.
"Service" means the cloud portion of the Shkiper product (AI answers, progress sync, authentication, paid subscriptions), accessed through the Application and governed by the Terms of Service.
"AI Answers" means text and multimodal outputs generated by large language models in response to your queries, delivered through our server-side proxy to OpenAI.
"Stores" means the Apple App Store (operated by Apple Inc., USA) and Google Play (operated by Google LLC / Google Ireland Limited). The rules of the applicable Store and its operator apply to distribution of the Application alongside this Agreement.
"User" means a natural person who is at least 16 years of age, has installed the Application and accepted this Agreement. Legal entities and persons under 16 are not permitted licensees.

2. Scope of License

Licensor grants you a simple (non-exclusive) license to use the Application solely to the extent expressly set forth in this section. All exclusive rights in and to the Application, including source code, object code, interfaces, design elements, trademarks, logos and other intellectual property, belong to Licensor and/or its licensors and are protected by the laws of the Russian Federation, international treaties and applicable foreign law.

The following uses are permitted under this Agreement (this is an exhaustive list within the meaning of Article 1235(6) of the Civil Code of the Russian Federation):

installation of the Application on Devices owned or controlled by you, in the number permitted by the rules of the applicable Store (for Apple — under the Apple Media Services Family Sharing rules; for Google — under the rules applicable to your Google account);
execution of the Application in the Device's memory in accordance with its functional purpose;
use of the Application's features for personal, non-commercial, educational purposes, including obtaining AI Answers via the Service;
receipt of automatic updates of the Application issued by Licensor;
creation of backup copies through the operating-system facilities of the Device (iCloud, Google Backup) to the extent necessary to restore installation.

The license is non-exclusive, non-transferable, non-sublicensable, worldwide in territory, and granted for the duration of the exclusive right in the Application unless this Agreement is terminated earlier. The license fee is deemed included in the price you paid through the Store or in the Service subscription price; no separate license fee is charged. This Agreement is not an assignment of exclusive rights.

3. Restrictions

Except as expressly permitted by mandatory applicable law (in particular, Article 1280 of the Civil Code of the Russian Federation and Articles 5 and 6 of EU Directive 2009/24/EC on the legal protection of computer programs, to the extent required to ensure interoperability), you agree not to, and not to permit any third party to:

decompile, disassemble, reverse-engineer or otherwise attempt to derive the source code of the Application or the algorithms underlying its operation, except to the extent strictly necessary to achieve interoperability with independently created programs as permitted by Article 1280 of the Civil Code of the Russian Federation and Article 6 of EU Directive 2009/24/EC;
modify, adapt, translate, or create derivative works based on the Application, except where expressly authorized by Licensor in writing or by a mandatory rule of law;
remove, obscure or alter copyright, trademark, patent or other rightsholder notices;
make the Application available to third parties on a for-fee or free basis, rent, lease, loan, sublicense, sell or distribute it;
use the Application to create a competing product or service, including by training your own machine-learning models on the output of the Application or AI Answers, by extracting model weights, prompts, system instructions or other internal elements of the Service;
use automated tools (bots, scripts, scrapers) to make bulk requests to the Service, circumvent usage limits, or generate load inconsistent with ordinary human user behavior;
use the Application for activities that violate applicable law, including distribution of unlawful content, infringement of third-party rights, or circumvention of technical protection measures;
use the Application in jurisdictions in which access is restricted by the laws of the Russian Federation, US export controls (EAR), OFAC sanctions, EU sanctions (including Regulation 2021/821 on dual-use items) or other applicable sanctions regimes.

Violation of these restrictions is a material breach of this Agreement and results in automatic termination of the license under Section 13.

4. Intellectual Property

The Application, all of its elements and related materials are intellectual property. All rights not expressly granted to you by this Agreement are reserved by Licensor and its licensors. This Agreement grants you no rights to trademarks, trade names, domain names or other means of individualization of Licensor.

Educational materials, graphics, diagrams and texts embedded in the Application or received through the Service may be protected by third-party copyright under licenses obtained by Licensor. Your right to use such materials is limited to personal non-commercial use in the ordinary operation of the Application.

5. Updates

Licensor may issue updates to the Application at any time, including bug fixes, security improvements, feature changes, and removal of deprecated features. Updates are distributed through the Stores and installed automatically in accordance with the settings of your operating system.

You may opt out of automatic updates in your iOS or Android settings. However, Licensor does not guarantee the functioning of outdated versions; use of an un-updated version may cause failures, incompatibility with the Service and security issues. In certain cases (critical vulnerabilities, Store API changes) older versions may be forced to stop working.

Every update provided to you is governed by this Agreement unless the update is accompanied by a new version of the EULA. Installing the update constitutes acceptance of the then-current Agreement.

6. Third-Party Services and Components

The Application interacts with third-party services whose use is governed by the terms of their respective operators. Key third-party services include:

OpenAI, Inc. (USA) — AI Answer generation. Requests are proxied through our server backend; personal identifiers are stripped before transmission. By default OpenAI does not use API requests to train its models. OpenAI's Terms and API Data Usage Policy apply.
Apple Inc. (Sign in with Apple), Google LLC (Google OAuth), OOO Yandex (Yandex ID) — user authentication. The terms of the applicable OAuth provider apply.
Amazon Web Services (region eu-central-1, Frankfurt, Germany) — data storage and processing infrastructure.
Apple App Store and Google Play — distribution of the Application and processing of subscription payments. The rules of the applicable Store (including refund rules) apply to purchases made through the Store.

By using the Application you undertake to comply with the applicable terms of third-party services. OpenAI's terms are available at openai.com/policies/row-terms-of-use. Information on other data processors is provided in the Privacy Policy.

7. User Data and Privacy

This Agreement does not grant Licensor any rights in your personal data beyond those necessary to perform this Agreement and expressly set out in the Privacy Policy. Installation and use of the Application entail processing of your personal data on the terms described in the Privacy Policy, which forms an integral part of this Agreement and is published at https://shkiper.app/legal/privacy.

If you do not agree with the Privacy Policy, you may not use the Application.

8. Disclaimer Regarding AI Answers and Educational Content

The Application is an educational tool intended for the study of yachting theory and exam preparation. The Application does not replace certified training at accredited schools, on-water practical lessons, or consultations with qualified instructors.

AI Answers are generated by large language models and may contain inaccuracies, errors, outdated information or "hallucinations" (confidently worded but factually incorrect statements). You undertake to critically evaluate AI Answers and verify critical information (including in exam preparation) against primary sources — textbooks, regatta rules, official IMO publications, COLREGs 1972, and guidance from competent authorities.

The Application is not a navigation, passage-planning, weather support, or real-time maritime safety system. Using the Application as the sole or primary source of information while operating an actual vessel, in emergencies, or when making decisions affecting crew or passenger safety is strictly prohibited. Licensor disclaims all responsibility for harm arising from such misuse.

9. Warranty Disclaimer

To the maximum extent permitted by applicable law, the Application is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including, without limitation, warranties of quality, fitness for a particular purpose, non-infringement, uninterrupted or error-free operation, absence of malicious code, or fitness for your particular expectations.

This disclaimer does not affect mandatory consumer rights under the law of your country of residence (including the Russian Consumer Rights Protection Act, EU Directives 2019/770 on digital content and 2011/83 on consumer rights, the UK Consumer Rights Act 2015, the Magnuson-Moss Warranty Act, and the California Song-Beverly Consumer Warranty Act). Where any warranty cannot lawfully be excluded, its duration is limited to the minimum period permitted by applicable law.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Licensor's aggregate liability to you on all grounds arising out of or in connection with the Application is limited to USD 50 (fifty US dollars) or the amount actually paid by you to Licensor for a Service subscription during the 12 months preceding the event giving rise to liability, whichever is greater. In no event shall Licensor be liable for indirect, incidental, punitive, special or consequential damages, lost profits, loss of data or loss of goodwill, even if advised of the possibility of such damages.

This section does not limit Licensor's liability where such limitation is not permitted by mandatory law (in particular, for willful misconduct, gross negligence, injury to life or health of a consumer, or breach of the essential obligations of the contract). The mandatory rules of your country of residence apply in any event.

11. Apple-Specific Terms (Apple Rider)

The following terms apply solely where the Application is installed on a device running iOS, iPadOS or any other Apple operating system and distributed through the Apple App Store. To the extent of any conflict between the general terms of this Agreement and this section in relation to Apple devices, this section shall prevail.

11.1. Acknowledgement

You and Licensor acknowledge that this Agreement is concluded between you and Licensor, and not with Apple Inc. ("Apple"). Apple is not a party to this Agreement. Licensor, not Apple, is solely responsible for the Application and its content. Your rights vis-à-vis Apple are governed by the App Store Terms of Service and other applicable Apple agreements.

11.2. Scope of License

The license granted to you is a non-transferable license to use the Application on any Apple-branded product that you own or control, subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions. The Application may be accessed by other accounts associated with you via Family Sharing or Volume Purchasing.

11.3. Maintenance and Support

Licensor is solely responsible for providing maintenance and support for the Application as specified in this Agreement and as required by applicable law. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Application. For support, contact hello@shkiper.app.

11.4. Warranty

Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event the Application fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Licensor.

11.5. Product Claims

You and Licensor acknowledge that Licensor, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer-protection law, including any medical-device regulation in applicable jurisdictions.

11.6. Intellectual Property Claims

You and Licensor acknowledge that in the event a third party claims that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such infringement claim.

11.7. Legal Compliance

You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist-supporting" country; and (ii) you are not listed on any US Government list of prohibited or restricted parties (including the SDN list, DPL, or Entity List).

11.8. Developer Name and Address

The developer and rightsholder of the Application is Individual Entrepreneur Morev Valentin Valentinovich (ИП Морев Валентин Валентинович), Russian Federation. For all questions, complaints and inquiries, write to hello@shkiper.app. The registered legal address will be provided upon written request in accordance with applicable legal requirements.

11.9. Third-Party Terms

You agree to comply with any applicable third-party terms when using the Application, including, without limitation, the terms of OpenAI, Google OAuth, Yandex ID and Sign in with Apple. Violation of third-party terms may result in termination of your access.

11.10. Third-Party Beneficiary

You and Licensor acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

12. Google Play Terms (Google Play Rider)

This section applies where the Application is installed on an Android device obtained via Google Play. Distribution of the Application is governed by the Google Play Developer Distribution Agreement (DDA), and in case of conflict between this Agreement and the DDA as to distribution, the DDA prevails. Google LLC and Google Ireland Limited are not parties to this Agreement and bear no responsibility for the Application.

This Agreement applies in addition to, and does not replace, the rights granted to you by Google Play by default. Subscription purchases made through Google Play are processed by Google Play Billing; Google Play's refund rules apply to such purchases. Licensor will revoke your Service entitlement upon refund.

13. Term and Termination

This Agreement enters into force upon installation or first launch of the Application and continues in effect until terminated. The Agreement terminates automatically and without notice in the following cases:

you have uninstalled the Application from all of your devices — the license terminates, but sections on intellectual property, warranty disclaimer, limitation of liability, dispute resolution and governing law survive;
you have materially breached this Agreement, including the restrictions in Section 3 — the license terminates immediately and you must uninstall the Application;
Licensor has ceased distribution of the Application or the Service for any reason, including cessation of business, changes in law or commercial considerations, upon in-Application or email notice no less than 30 days in advance, unless a shorter period is mandated by law;
you no longer satisfy the age requirement (16 years) or other eligibility requirements.

14. Export Control

The Application may contain cryptography and other components subject to US export controls (Export Administration Regulations, EAR), OFAC sanctions, EU Regulation 2021/821 on dual-use items, and similar requirements of other jurisdictions. You represent and warrant that (a) you are not located in a country subject to an embargo or designated as a terrorist-supporting country; (b) you are not on any sanctions or restricted-parties list; and (c) you will not use the Application in violation of applicable export or sanctions rules, including in connection with nuclear, chemical, biological weapons or missile technology.

15. Governing Law and Disputes

For consumer Users residing in the Russian Federation, the applicable law is the law of the Russian Federation, and disputes are subject to the courts at the consumer's place of residence in accordance with Article 17 of the Russian Consumer Rights Protection Act. For consumers residing in a Member State of the European Union, the law of your country of habitual residence applies, and you retain the protections of the mandatory consumer-law provisions of that country (Rome I Regulation, Directive 2011/83/EU). For consumers residing in the United Kingdom, the law of England and Wales applies and disputes are subject to the courts of England and Wales, while the mandatory provisions of the UK Consumer Rights Act 2015 are preserved. For Users residing in the United States, the law of the State of California applies, and disputes are heard in the San Francisco Superior Court, while your federal and state consumer rights are preserved. This Agreement contains no arbitration clause or class-action waiver.

16. Changes to the EULA and Contact Information

Licensor may update this Agreement. Material changes will be communicated to you in advance — via in-Application notice or by email — no less than 30 days before the changes take effect. Continued use of the Application after the changes take effect constitutes acceptance; if you do not agree, uninstall the Application. For any questions regarding this Agreement, write to hello@shkiper.app with the subject line "EULA".