This Agreement sets forth the terms and conditions between Customer (as defined in the paragraph below) and Vladislav Grechishnikov, operating under the trade name “Medagan” (“Medagan,” “we,” “our,” or “us”), which govern the Customer’s access and use of the “Medagan” application (“the App”). Medagan and the Customer may individually be referred to as a “party” and collectively as “the parties.” This Agreement is effective as of the date that you start the Trial Period, or submit an Order Form that references this Agreement, or otherwise access or use the App (the “Effective Date”).
By accepting this Terms of Service Agreement (“Agreement”), either by clicking a box indicating your acceptance, executing an Order Form or other document that references this Agreement, by using (or making any payment for) the App, or by otherwise indicating your acceptance of this Agreement, you:
(1) agree to this Agreement on behalf of the customer indicated on the Order Form (if applicable) or the organization, business, or other legal entity for which you act (“Customer,” “you,” or “your”); and
(2) represent and warrant that you have the authority to bind Customer to this Agreement. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the App.
If you are accessing or using the App on behalf of an organization, then your organization is legally and financially responsible for your access to and use of the App as well as for the use of the App by others affiliated with the organization, including any employees, agents or contractors. For the avoidance of doubt, the organization, company, or other legal entity for which you act will be considered the “Customer” under this Agreement.
Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the App, you acknowledge that you have read and accepted our Privacy Policy.
“Affiliate” means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party, whereby “control” (including, with correlative meaning, the terms “controlled by” and “under common control”) means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract, or otherwise.
“Content” includes, without limitation, any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the App.
“Force Majeure” means any circumstances beyond Medagan’s reasonable control, including, but not limited to, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, Non-Medagan Application failure, or acts undertaken by third parties, including without limitation, any denial of service attack or third-party domain name system event.
“Intellectual Property Rights” means all patent rights (including utility models), copyrights, moral rights, trademark and service mark rights, trade secret rights, and any other similar proprietary or intellectual property rights (registered or unregistered) throughout the world, together with all applications for any of the foregoing.
“Order Form” means any ordering documentation, online sign-up, in-app purchase, subscription page, or paywall, regardless of form, presented to the Customer, which sets forth the Services accessed by the Customer and any relevant pricing. By completing the action required (e.g., clicking a button to purchase or subscribe), the Customer accepts and agrees to the terms associated with the Order Form.
“Services” means Medagan’s software and Apps and services governed by this Agreement, including any related mobile applications, and Subscription Plans to which you subscribe. “Services” exclude Non-Medagan products.
“Subscription Fees” means all fees associated with your Subscription.
“Subscription Plan” means the applicable subscription level of packaged functionality and services as detailed in the relevant Order Form or otherwise in the App.
“Subscription Term” means the period during which you have agreed to subscribe to a Service.
“Supplementary Terms” means additional terms and conditions that apply to your access and use of certain features or functionality when you purchase, use, or enable such features or functionality. Any applicable Supplementary Terms are hereby incorporated into this Agreement and will be made available within the App when relevant.
1.1 Nature of the App. The App is provided solely as a browser and is not designed to meet any specific User expectations regarding functionality, performance, or compatibility with third-party services. Certain features, including but not limited to ad-blocking, content filtering, or other enhancements, are made available as part of the App but are not guaranteed to function as expected in all cases. By using the App, you acknowledge and agree that some features may not work correctly or may be affected by changes in Third-Party websites, modifications to web technologies, or restrictions imposed by external platforms. Medagan does not warrant that any specific feature will be available, uninterrupted, or error-free.
1.2 Subscriptions and Subscription Terms. Customer and its Affiliates may subscribe to Services by executing an Order Form. Unless otherwise specified, all Order Forms shall be governed by this Agreement. In the event of a conflict between this Agreement and an Order Form, the Order Form shall control. Notion grants access to the Services pursuant to Subscriptions. Subscriptions will be for the Subscription Term agreed to in the applicable Order Form. Unless otherwise provided for in an Order Form, each Order Form shall automatically renew for a period equal in duration to the then expiring Subscription Term unless canceled by the Customer at least 24 hours before the end of the current Subscription period. Subscription management, including cancelation, must be done through the Customer’s Apple account settings. Medagan does not process cancellations directly or offer refunds for any unused portion of a subscription term.