Terms of use

These Terms of Use (the “Agreement”) constitute an end user licence agreement and govern the use of the RStudio mobile application for the iOS operating system (the “App”).

Read the Agreement carefully before you start using the App. By installing, launching or using the App, or by registering in it, you confirm that you have read the Agreement, fully understand it and accept its terms. If you do not agree with any term, do not use the App and delete it from your device.

1. Parties to the Agreement

The Agreement is concluded between you (the “User”, “you”) and the company:

Referred to below as the “Company”, “we”. The Agreement is concluded between you and the Company and is not an agreement with Apple Inc. (see section 18).

2. Definitions

• App — the RStudio mobile application for iOS, including all of its updates, components, interfaces and accompanying documentation.
• Platform — the video service the App connects to in order to perform its functions and on which your channel and your content are hosted.
• Account — the User’s account created at registration.
• Channel — the User’s personal section on the Platform, managed through the App.
• User content — any materials posted, uploaded, transmitted or created by the User with the help of the App: videos, short videos, live streams, thumbnails, images, titles, descriptions, tags, playlists, comments and chat messages.
• Objectionable content — the materials and actions listed in section 8.

3. Who may use the App

By registering and using the App, you represent and warrant that:

• you are at least 16 years old;
• if you are between 16 and 18 — your legal guardian has read this Agreement and the Privacy Policy and does not object to your use of the App; if necessary, you undertake to confirm that such consent exists at our request;
• you have the legal capacity required to enter into this Agreement;
• the information you provide at registration and in your profile is accurate;
• your access to the App has not previously been terminated by us for breach of this Agreement;
• your use of the App does not violate the law applicable to you.

The App is not intended for children and is not directed at persons under 16. If we learn that an Account has been created by a person under 16, that Account will be deleted.

4. Registration and account

4.1. An Account is required to use the main features of the App. Registration is carried out with a mobile phone number registered in the Russian Federation and is confirmed with a one-time code sent by SMS. The User may set a password for subsequent sign-ins. Signing in to an existing Account is possible with the phone number or with the email address, if one is linked to the Account.

4.2. The User must keep the Account credentials confidential and must not disclose them to third parties. All actions performed using the Account are deemed to have been performed by the User unless proven otherwise.

4.3. The User must notify the Company immediately at support@rstudio.tech of any unauthorised access to the Account or of it being compromised.

4.4. A User may not create multiple Accounts to circumvent restrictions or blocks, nor use another person’s Account.

4.5. Account deletion. The User may delete the Account at any time directly in the App: “Profile” → “My data” → “Delete profile”. The Channel and all User content published on it are permanently deleted together with the Account. The procedure and time frames for data deletion are described in the Privacy Policy. Deleting the Account does not require contacting support, phone calls or payment.

5. Licence to use the App

5.1. The Company grants the User a limited, non-transferable, non-exclusive, revocable licence to use the App for its intended purpose — for personal or professional purposes connected with running your own Channel — on any Apple-branded devices that the User owns or controls, in accordance with the Usage Rules set out in the Apple Media Services Terms and Conditions.

5.2. The App is licensed, not sold. All rights not expressly granted by this Agreement are reserved by the Company.

5.3. The User may not:

• copy, distribute, rent, sell, sublicense or otherwise transfer the App to third parties;
• modify the App, create derivative works, decompile, disassemble or otherwise attempt to obtain the source code, except where expressly permitted by mandatory rules of applicable law;
• remove or alter copyright and trademark notices;
• use the App to create a competing product or to automatically harvest Platform data;
• circumvent technical restrictions, protection measures and moderation mechanisms.

5.4. The App is distributed free of charge. The App contains no in-app purchases or subscriptions.

6. What the App does

The App is a creator studio — a tool for managing your own Channel on the Platform. Its main features:

• uploading videos from the device library, recording video in the App, basic editing and publishing;
• publishing short vertical videos;
• running live streams from the device camera and working with their chat;
• managing published materials: titles, descriptions, thumbnails, tags, age labelling, playlists, pinned videos;
• working with comments on your own materials: viewing, replying, pinning, deleting, reporting;
• viewing statistics for the Channel and for individual materials;
• profile and Channel settings, access to legal documents and support.

The App is ancillary to the Platform: using it requires an Account on the Platform, and the content posted is published on the Platform and available to its audience.

7. User content

7.1. Rights to the content remain with you. The Company does not claim ownership or exclusive rights to User content.

7.2. Licence granted. By posting User content, you grant the Company and the Platform operator a non-exclusive, worldwide, royalty-free licence to use such content — to reproduce, store, process, adapt it for technical needs (transcoding, generating previews, adapting to different resolutions and connection speeds), make it available to the public and distribute it — solely for the purposes of operating the service, showing the content to the audience and promoting the service. The licence is valid for the period the content is hosted and terminates after it is deleted, except for the technically necessary period for removing copies from backup systems and cases where the content has been used by third parties within features permitted by the service.

7.3. Your representations. By posting User content, you represent and warrant that:

• you hold all the rights necessary to post it and to grant the licence under clause 7.2, including rights to music, video inserts, images, fonts, trademarks and other objects included in the content;
• the consent of all persons depicted or mentioned in the content has been obtained where such consent is required by law;
• the content does not infringe the rights of third parties or the requirements of applicable law;
• the content is not Objectionable content (section 8);
• you have set the correct age label for materials that require an age restriction.

7.4. Responsibility. The User is fully responsible for the User content they post and for the consequences of posting it. The Company does not pre-screen all content and does not guarantee that it will meet the expectations of third parties, but reserves the right to moderate it in accordance with section 9.

7.5. Deleting your own content. The User may at any time independently and immediately delete any of their materials: a video, a short video, a stream recording, a comment, and may also delete the Account in its entirety together with all content.

8. Zero tolerance for objectionable content and abuse

8.1. Objectionable content means, in particular, any materials that:

• contain sexual exploitation of minors in any form, or any sexual materials involving them;
• are pornographic or sexually explicit;
• depict violence, cruelty, abuse of people or animals, mutilation, or call for violence;
• promote terrorism, extremism or the activities of banned organisations;
• incite hatred or hostility or degrade human dignity on the grounds of race, nationality, ethnic or social origin, language, religion, sex, age, disability, sexual orientation or gender identity;
• contain bullying, harassment, threats, blackmail, humiliation, or the publication of other people’s personal data without their consent (doxing);
• encourage suicide or self-harm, promote eating disorders or other dangerous practices;
• advertise or offer for sale narcotic drugs, weapons, forged documents, or other goods and services whose circulation is prohibited or restricted;
• constitute fraud, pyramid schemes, phishing or the distribution of malicious software;
• infringe copyright, related rights, trademark rights or other intellectual property rights;
• contain defamation or knowingly false information capable of causing harm;
• violate the privacy of private life, including covert filming in places where a person reasonably expects privacy;
• impersonate another person or organisation, misleading the audience;
• otherwise violate applicable law.

8.2. An abusive user is a person who posts Objectionable content, harasses or insults other users, systematically breaks the rules of the service, circumvents imposed restrictions or blocks, or uses the service to harm others.

8.3. This list is not exhaustive. The Company may classify as objectionable other materials and actions that contradict the purpose of the service, the requirements of the law or the rules of the Platform.

9. Moderation, complaints and enforcement

9.1. Content filtering and moderation

Materials posted through the App are checked for compliance with this Agreement and the Platform rules:

• automated filtering — uploaded videos, comments and chat messages are checked by automated tools for objectionable material, spam and artificial inflation of metrics, both before and after publication;
• human moderation — materials flagged by automated tools or received through complaints are reviewed by moderators; following the review the material may be rejected, restricted in display or deleted, and a stream may be terminated;
• age labelling — the User must label materials not intended for minors; such a label may also be applied by a moderator.

9.2. How to report objectionable content

You can report objectionable content or abuse in any of the following ways:

• in the App — in the comment list, open the actions menu on a comment and choose “Report”; in the stream chat, open the actions menu on a message and choose “Report”. The “Report of inappropriate content” form will open;
• by email — to support@rstudio.tech with the subject “Content complaint”. Provide a link to the material or a description of it and the nature of the violation;
• through the support section — “Profile” → “Support”.

9.3. Measures applied to offenders

Following the review of a complaint or its own check, the Company may apply one or more of the following measures:

• delete the material or restrict access to it;
• terminate a live stream;
• disable or restrict individual Account features;
• issue a warning;
• block the offender’s Account, depriving them of the ability to publish content, comments and messages;
• delete the offender’s Account without the right to register again;
• pass information to the competent authorities where there are grounds to believe an offence has been committed.

9.4. What the User can do to protect their Channel

• delete any comment on their own materials;
• turn off comments on a material;
• report a comment or a chat message — following such a report the offender’s access to the service may be restricted up to blocking of the Account, after which they will not be able to interact with your Channel;
• terminate a stream together with its chat;
• delete any of their materials or the Account in its entirety.

9.5. Reasoned decision

If we delete your material, restrict access to it, terminate a stream or restrict or block your Account, we will inform you and state: which measure has been applied and to what extent; the facts and circumstances on which the decision is based; whether the decision was taken using automated means; which provision of this Agreement or requirement of the law we rely on; and how to appeal. The notice is sent to the linked email address or through notifications in the App.

9.6. Appeal

If you believe a measure has been applied to you without grounds, you may send an objection to support@rstudio.tech within 6 months of receiving the decision. The objection is reviewed by a member of the Company’s staff; a decision taken by automated means is reviewed by a human at your request. If the objection is justified, the measure is lifted and the deleted material is restored where technically possible.

10. Prohibited actions

When using the App it is prohibited to:

• disrupt the operation of the App, the Platform or their infrastructure, including by creating excessive load;
• gain unauthorised access to other people’s Accounts, data and services;
• use automated tools (bots, scripts, scrapers) to interact with the service without our written permission;
• artificially inflate views, comments, subscribers and other metrics;
• send spam and unsolicited commercial messages;
• circumvent blocks, restrictions and moderation mechanisms, including by creating new Accounts;
• place hidden advertising and advertising materials in breach of advertising law;
• take any action aimed at harming other users, the Company or third parties.

11. Intellectual property

11.1. The App, its program code, interfaces, design, graphic elements, the name “RStudio”, logos and other designations belong to the Company or are used by it on a lawful basis and are protected by intellectual property law.

11.2. This Agreement does not grant the User any rights to use the trademarks, trade names and other means of identification of the Company or the Platform, except as expressly provided by the Agreement.

11.3. Intellectual property infringement claims. If you believe that material posted through the App infringes your rights, send a notice to support@rstudio.tech stating: details of the rights holder and how to contact them; a description of the object whose rights are infringed; a link to the disputed material; confirmation that you hold the rights; and a statement that the notice is made in good faith. The notice is handled in accordance with section 9.

12. Personal data

The processing of personal data is described in the Privacy Policy, which forms an integral part of this Agreement. The Policy is available in the App under “Profile” → “Rules and restrictions”, and on the sign-up screen.

13. Service availability and changes

13.1. The Company strives to keep the App running without interruption but does not guarantee its uninterrupted and error-free operation. Technical breaks for maintenance, updates and troubleshooting are possible.

13.2. The Company may change, supplement and discontinue individual App features, and may discontinue support for individual iOS versions. We will give at least 14 days’ notice of material changes that worsen the User’s position.

13.3. The App depends on a data network connection. The User bears the cost of connectivity.

14. Disclaimer of warranties and limitation of liability

14.1. To the maximum extent permitted by applicable law, the App is provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of fitness for a particular purpose, merchantability and non-infringement of third-party rights.

14.2. The Company is not liable for:

• the content of User content and the actions of other users;
• loss of content caused by the User’s own actions, including deletion of the Account;
• inability to use the App due to failures of the network, the device, the operating system or the actions of third parties;
• the content of third-party sites and services whose links are opened from the App;
• indirect damages, lost profit and loss of business reputation — to the maximum extent permitted by applicable law.

14.3. Consumer rights reservation. Nothing in this section excludes or limits the Company’s liability for intent and gross negligence, for harm to life and health, or liability that cannot be excluded or limited under mandatory rules of applicable law, including consumer protection law. If you act as a consumer, your statutory rights remain fully intact.

14.4. The User undertakes to compensate the Company for documented losses arising from justified claims brought by third parties in connection with content posted by the User or with the User’s breach of this Agreement.

15. Term, suspension and termination

15.1. The Agreement takes effect when you start using the App and remains in force indefinitely — until terminated by one of the parties.

15.2. The User may terminate the Agreement at any time by deleting the Account and removing the App from the device.

15.3. The Company may suspend or terminate the User’s access to the App — in whole or in part — in the event of a breach of this Agreement, and in the case of Objectionable content or abusive behaviour — immediately and without prior notice.

15.4. Termination of the Agreement does not release the parties from obligations that arose before termination. The provisions of clauses 7.2, 11, 14, 17, 18 and 19 survive termination of the Agreement.

16. Changes to the Agreement

16.1. The Company may amend this Agreement. The current version is always available at the permanent address of this page; the version number and effective date are stated at the top of it.

16.2. We will give notice of material changes at least 14 days before they take effect — by a notification in the App and/or a message to the linked email address.

16.3. If you do not agree with the new version, you may stop using the App and delete your Account before it takes effect. Continuing to use the App after the changes take effect means acceptance of the new version.

17. Governing law and dispute resolution

17.1. This Agreement is governed by the law of the Czech Republic, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods is excluded from application to the Agreement.

17.2. If you act as a consumer, the choice of law does not deprive you of the protection afforded by the mandatory rules of the law of your country of habitual residence.

17.3. The parties shall seek to resolve disputes through negotiation. A claim is sent to support@rstudio.tech and is considered within 30 days.

17.4. Disputes that remain unresolved are subject to the courts of the Czech Republic at the seat of the Company. A consumer may also bring an action at their place of residence where applicable law so provides.

17.5. Out-of-court resolution of consumer disputes. A consumer may apply to the competent body for the out-of-court resolution of consumer disputes:

18. Special terms for App Store users

This section applies if the App was obtained through the App Store and includes the minimum terms required by Apple Inc. (“Apple”). In case of conflict, the provisions of this section prevail over the other provisions of the Agreement.

18.1. Acknowledgement. You and the Company acknowledge that this Agreement is concluded between you and the Company and is not an agreement with Apple. The Company, and not Apple, is solely responsible for the App and its content. This Agreement does not set rules for using the App that conflict with the Apple Media Services Terms and Conditions.

18.2. Scope of licence. The licence granted to you is limited to a non-transferable licence to use the App on any Apple-branded devices that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions; provided that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

18.3. Maintenance and support. The Company is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement or as required under applicable law. You and the Company acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

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

18.5. Product claims. You and the Company acknowledge that the Company, not Apple, is responsible for addressing any claims of yours or of any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy or similar legislation. This Agreement does not limit the Company’s liability to you beyond what is permitted by applicable law.

18.6. Intellectual property rights. You and the Company acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.

18.7. Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

18.8. Developer name and address. Send questions, claims and complaints regarding the App to:

18.9. Third-party terms of agreement. When using the App you must comply with applicable third-party terms of agreement — in particular, the terms of your data plan agreement with your carrier.

18.10. Third-party beneficiary. You and the Company 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.

19. Final provisions

19.1. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Company in respect of the App and supersedes all prior arrangements on its subject matter.

19.2. If any provision of the Agreement is found invalid or unenforceable, the remaining provisions remain in force, and the invalid provision is to be replaced by a provision closest to it in economic and legal meaning.

19.3. The User may not transfer their rights and obligations under the Agreement to third parties without the written consent of the Company. The Company may transfer its rights and obligations under the Agreement in the event of reorganisation or transfer of the business, with notice to the User.

19.4. The Company’s failure to enforce any provision of the Agreement does not constitute a waiver of the right to enforce it later.

19.5. Legally significant notices are sent: to the User — to the linked email address, phone number or through notifications in the App; to the Company — to support@rstudio.tech.

19.6. The Agreement is drawn up in Russian. Where translations into other languages exist, the Russian version prevails in case of discrepancies.

20. Company details and contacts