USER (LICENSE) AGREEMENT FOR THE SMART SCHOOL PRO MOBILE APPLICATION

Please read the terms and conditions of the Agreement below prior to utilizing any functions of the Smart School Pro Mobile Application.

Each instance of the Smart School Pro Mobile Application downloading from Google Play, Apple Store or Huawei AppGallery stores, its installation, launch, update or other use shall be deemed a full and unconditional acceptance of the User Agreement terms and conditions (in the version effective on the date of actual use of the Smart School Pro Mobile Application) by the User, as well as a fact of conclusion of the Agreement by means of acceding to it, as prescribed by Articles 435–438 and Clause 5 of Article 1286 of the Civil Code of the Russian Federation.

The User Agreement incorporates elements of a license agreement, and shall be concluded by and between the User and the Copyright Holder (OOO Obrazovatelnye Tekhnologii [Educational Technologies Limited Liability Company]).

the Smart School Pro Mobile Application shall only be used under the User Agreement terms and conditions.

If you decline to accept terms and conditions of the User Agreement in full, you shall not be entitled to use the Smart School Pro Mobile Application for any purposes.

1. DEFINITIONS

The following terms used in the User Agreement shall have the following meanings:

            User Account shall meanthe account of the Smart School Pro Mobile Application and/or the System User.

            License Fee shall mean the license fee paid by the User through the respective operator/administrator of App Store, Google Play or Huawei AppGallery stores for the right to use the PREMIUM version of the Smart School Pro Mobile Application for Parents featuring additional paid functions, including the following modules: message feed; bulletin board; e-mails; daily reports; diagnostics; monitoring; menu; timetable; employees; authorized persons; contracts; additional education; personal data; contacts.

Student shall mean a person studying under the pre-school education program.

User Name/Login shall mean a sequence of symbols used to definitively distinguish/identify every individual User of the Smart School Pro Mobile Application and/or the System.

Smart School Pro Mobile Application shall mean a software application enabling Users, who have the application installed on their mobile devices, to use Smart School Pro System functions to retrieve information and details on the Student from Smart School Pro System. The Copyright Holder has made the Smart School Pro Mobile Application available for Users in App Store, Google Play or Huawei AppGallery stores in three versions:

• free version for Parents, including the following modules: message feed; timetable; employees; authorized persons; contracts; personal data; contacts.
• PREMIUM version for Parents featuring additional paid functions including the following modules: message feed; bulletin board; e-mails; daily reports; diagnostics; monitoring; menu; timetable; employees; authorized persons; contracts; additional education; personal data; contacts;
• free version for pre-school educational institution teaching staff and educational organization employees.  

User shall mean an individual with the legal status and capacity to conclude this User Agreement for the purpose of the Smart School Pro Mobile Application use for their own benefit or benefit of a third party.

Copyright Holder shall mean Obrazovatelnye Tekhnologii Limited Liability Company registered at: 6 Vspolny Pereulok, Unit 3, Floor/Room/Office 2/II/2, Moscow 123001, Russia, under Primary State Registration Number (OGRN) 1187746544193.

Parent shall mean a User of the Smart School Pro Mobile Application, who is a parent or other legal representative of the Student, as evidenced by relevant documents.

Smart School Pro System shall mean the automated Smart School Pro information system understood as the hardware & software package installed in the Copyright Holder’s data center to enable the System operation. The innovative Smart School Pro educational system is a single software & methodology environment offering solutions for automated management of pre-school education processes.

• GENERAL PROVISIONS

• The User Agreement establishes terms and conditions for the Smart School Pro Mobile Application use, and shall be concluded by and between any legally capable individual using Smart School Pro Mobile Application, and the Copyright Holder.
  • By downloading/installing Smart School Pro Mobile Application on a mobile device, or by otherwise using the functions of the Smart School Pro Mobile Application, User fully and unconditionally agrees to all terms and conditions of the User Agreement.
  • Smart School Pro Mobile Application shall not be used if the User violates or fails to comply with any of the terms and conditions of the User Agreement. If the User does not accept terms and conditions of the User Agreement, they shall uninstall the Smart School Pro Mobile Application immediately. Otherwise the User shall be deemed as having unconditionally accepted all terms and conditions of the User Agreement.
  • The User Agreement and all relations associated with theSmart School Pro Mobile Application use shall be governed by law of the Russian Federation, and any claims or legal actions arising out of or in connection with the text of the User Agreement and/or Smart School Pro Mobile Application use shall be brought to and reviewed in court at the location of the Copyright Holder.
  • Prior to using theSmart School Pro Mobile Application, the User shall read and understand the User Agreement, as well as all other documents posted in respective sections of www.smartschool.pro web site.
  • By using the Smart School Pro Mobile Application the User acknowledges that they have read, understood, agreed to and accepted the User Agreement terms and conditions in their entirety (including any potential amendments), and undertake to honor the terms and conditions and be liable for their violation. If the User does not agree to terms and conditions of the User Agreement, they shall stop using Smart School Pro Mobile Application immediately.
  • After registration in theSmart School Pro Mobile Application and reading the User Agreement, the User shall accede to (accept) this User Agreement, which pursuant to Articles 435–438 and Clause 5 of Article 1286 of the Civil Code of the Russian Federation, shall constitute acceptance of the Copyright Holder’s offer, as well as conclusion of a contract which shall oblige the User to comply with terms and conditions of the User Agreement.
  • Actual use of the Smart School Pro Mobile Application without registration of an Account (in the form and scope available without registration) shall also constitute acceptance of the User Agreement.
  • In terms of licensing the Smart School Pro Mobile Application for the period of validity of the granted rights to use the application, provisions of Article 429.4. of the Civil Code of the Russian Federation shall apply; these provisions classify terms and conditions of this User Agreement as a contract performed upon request (a subscriber contract).
  • By downloading/installing Smart School Pro Mobile Application on a mobile device, the User shall confirm and warrant that they:
    • are not located in a country embargoed by the U.S. Government;
    • are not located in a country that has been identified by the U.S. Government as supporting terrorist activities;
    • are not on any of the lists of persons banned or restricted by the U.S. Government.

• SUBJECT OF THE USER AGREEMENT
  • Exclusive rights to the Smart School Pro Mobile Application (including individual elements of the Mobile Application) belong to the Copyright Holder.
  • The Copyright Holder shall grant the User a limited non-transferable proprietary right for the use of the Smart School Pro Mobile Application to the extent established by the User Agreement, in the Russian Federation, including the Internet, without the right of transfer/sublicensing to third parties.
  • The right to use a limited-functionality free version of the Smart School Pro Mobile Application for Parents, consisting of the following modules only: message feed; timetable; employees; authorized persons; contracts; personal data; and contacts, shall be granted to the Parent free of charge.
  • The right to use the PREMIUM version of the Smart School Pro Mobile Application for Parents, featuring additional paid functions and consisting of the following modules: message feed; bulletin board; e-mails; daily reports; diagnostics; monitoring; menu; timetable; employees; authorized persons; contracts; additional education; personal data; and contacts, shall be granted to User/Parent in exchange for License Fee in the amount indicated in a relevant application store.
  • The right to use the version of the Smart School Pro Mobile Application for pre-school educational institution teaching staff and educational organization employees shall be granted to the User free of charge.
  • The User shall be granted the right to use the Smart School Pro Mobile Application for the duration of the following license agreement validity periods:
    • for the limited-functionality free version of the Smart School Pro Mobile Application for Parents – for the duration of the period when the Mobile Application functions are installed and used on the User’s mobile device;
    • for the PREMIUM version of the Smart School Pro Mobile Application for Parents featuring additional paid functions – for the duration of the period (license validity period) paid for by the User by means of License Fee;
    • for the version of the Smart School Pro Mobile Application for pre-school educational institution teaching staff and educational organization employees – for the duration of the period when the Mobile Application functions are installed and used on the User’s mobile device.
  • Allowed use of the Smart School Pro Mobile Application shall be as follows:
    • in accordance with the Mobile Application intended use, the User shall be entitled to use all available features/services supported by Smart School ProMobile Application for personal purposes by means of launching/downloading and/or installing the Smart School Pro Mobile Application on the User’s mobile device(s);
    • the User shall be entitled to gain access to the installation and use of new versions of the Smart School Pro Mobile Application.
  • The User shall not:
    • interfere in the operation of the Smart School Pro Mobile Application using methods which may cause the Application malfunction;
    • modify, upgrade, translate to other languages, decompile, disassemble, decode, emulate, compromise integrity, reverse engineer of the Smart School Pro Mobile Application or any of its parts, and otherwise tamper with the object code of the Application to obtain information on the algorithms implemented in and utilized by the Application;
    • create any derivative works using the Smart School Pro Mobile Application, and otherwise use the Smart School Pro Mobile Application without written consent of the Copyright Holder;
    • use the Smart School Pro Mobile Application for illegal purposes;
    • reproduce, distribute, redesign for commercial or non-commercial purposes any elements of the Smart School Pro Mobile Application, being intellectual property of the Copyright Holder or third parties, without consent of the respective copyright holders for such actions;
    • transfer the rights to use the Smart School Pro Mobile Application, granted to the User, to other Users or third parties through conclusion of a sublicensing agreement or otherwise;
    • collect personal data and other credentials of other Users, and/or other information;
    • change the name of the Mobile Application, edit and/or delete the copyright symbol or other references to Smart School Pro;
    • post any illegal information in the Smart School Pro Mobile Application.
  • The Copyright Holder shall be entitled to modify the Smart School Pro Mobile Application at its discretion at any time and without notifying the User, change its functional features, cease to support the functionality of the Smart School Pro Mobile Application, and deny the User access to the Smart School Pro Mobile Application without disclosing the reason. Among other reasons, access to the Smart School Pro Mobile Application may be denied by the Copyright Holder due to violation of the User Agreement by the User.
  • All materials posted in the Smart School Pro Mobile Application, including any documents, texts, data, images, diagrams, designs, databases, know-how, trade names, trademarks and/or logos and other means of identification, etc., are protected by intellectual property laws and belong to the Copyright Holder.

• RIGHTS AND OBLIGATIONS OF THE PARTIES
  • The Copyright Holder shall manage and administer the Smart School Pro Mobile Application on a day-to-day basis, define its structure and appearance, grant or restrict User access to Smart School Pro Mobile Application.
  • The Copyright Holder shall have the right to:
    • at any time change the visual design and user interface of the Smart School Pro Mobile Application, its contents, contents of the available functions, as well as change or update the scripts, software and other objects used by the Mobile Application;
    • delete the User Account at its discretion, including in case of the User’s actions violating the law of the Russian Federation or the User Agreement terms and conditions;
    • restrict or block the connection to the Smart School Pro Mobile Application, or take other measures in regard to any User having violated terms and conditions of the User Agreement, or laws of the Russian Federation, or rights of third parties protected by law, in case they file a grounded complaint;
    • take any lawful measures to protect its own intellectual property rights in regard to the Smart School Pro Mobile Application.
  • The Copyright Holder shall:
    • grant the User the right to use the Smart School Pro Mobile Application in accordance with terms and conditions of the User Agreement and the procedure prescribed therein;
    • ensure proper functioning and technical support of the Smart School Pro Mobile Application throughout the entire license validity period;
    • ensure the confidentiality of information received rom the User.
  • The User shall have the right to:
    • set up their Account and change its settings;
    • use the interface and functions of the Smart School Pro Mobile Application;
    • carry out other actions related to the Smart School Pro Mobile Application use, unless such actions violate terms and conditions of the User Agreement, or the Russian Federation laws.
  • The User shall:
    • adhere to the terms and conditions of this User Agreement without any limitation;
    • provide true and accurate information when creating the Account;
    • not violate the Copyright Holder’s intellectual property rights in regard to the Smart School Pro Mobile Application or any of its elements in any other manner;
    • independently take the actions required to ensure security of their Account and prevent access of unauthorized persons to it;
    • refrain from any actions that may result in losses for the Copyright Holder or damage its business reputation, as well as any other injurious actions.

• LOGGING IN TO AND USING THESMART SCHOOL PRO MOBILE APPLICATION
  • The System and/or Smart School Pro Mobile Application User Account shall be registered by the Copyright Holder.
  • The Copyright Holder shall provide the User with a User Name and password to be used for login to/autorization in the Smart School Pro Mobile Application.
  • Upon downloading/installing the Smart School Pro Mobile Application for the purpose of its use, the User shall log into the Smart School Pro Mobile Application by means of authorization, i.e. by entering their User Name (login) and password in the relevant fields of the Smart School Pro Mobile Application.
  • Login to the Smart School Pro Mobile Application Account of Parent or pre-school educational institution teacher and/or educational organization employee shall be carried out using the User’s login and password.
  • In accordance with applicable laws, the User shall give consent to the processing of their personal data, including consent to processing the Student’s personal data.
  • Processing of personal data shall be carried out in accordance with the Confidentiality Policy posted and available in the Internet at the following address: https://smartschool.pro/privacy-policy/.
  • Use of the limited-functionality free version of the Smart School Pro Mobile Application for Parents and the version of the Smart School Pro Mobile Application for pre-school educational institution teaching staff and educational organization employees shall be free of charge (at no cost).
  • Use of the PREMIUM version of the Smart School Pro Mobile Application for Parents featuring additional paid functions shall be on a paid basis, i.e. for License Fee paid by the User in accordance with the rules of a relevant application store.
  • The amount of License Fee for the PREMIUM version of the Smart School Pro Mobile Application for Parents featuring additional paid functions is indicated in the Smart School Pro Mobile Application, and is available for viewing in relevant application stores.
  • The User shall pay a License Fee for the right to use the PREMIUM version of the Smart School Pro Mobile Application for Parents by means of bank transfer.
  • The procedure and other conditions of the License Fee payment shall be governed by the rules of the application store.

• LIABILITY
  • The Smart School Pro Mobile Application shall be provided ‘as is’.
  • The Copyright Holder and its counterparties do not provide any guarantees in regard to error-free and uninterrupted operation of the Smart School Pro Mobile Application, suitability of the Smart School Pro Mobile Application to specific purposes and expectations of the User, and any other guarantees unless expressly stated in the User Agreement.
  • The Copyright Holder and its counterparties shall not be liable for any direct or indirect consequences of any instance of use or unavailability of the Smart School Pro Mobile Application, and/or damages incurred by the User and/or third parties as a result of any instance of use or unavailability of the Smart School Pro Mobile Application, including those caused by potential errors and failures in the Smart School Pro Mobile Application operation.
  • The User shall bear all the risks associated with the connection of their computer equipment to the Internet, which is required to access the Smart School Pro Mobile Application.
  • The User shall independently ensure protection of their computer equipment against unauthorized access and virus attacks originating in the Internet and local area networks.
  • The User shall be held solely liable to third parties for any actions associated with the Smart School Pro Mobile Application use, including cases where such actions result in the violation of rights and lawful interests of third parties, and shall also be liable for any failure to adhere to applicable legislation when using the Smart School Pro Mobile Application.
  • The Copyright Holder shall not be liable for any lost profits, foregone earnings, lost data, financial and/or other losses, as well as for indirect and/or unforeseen damages, unless the law prescribes otherwise.
  • App Store, Google Play or Huawei AppGallery application stores shall not be responsible for technical maintenance and support of the Smart School Pro Mobile Application.
  • The Apple Company owning the App Store shall not be responsible for review of any claims brought forward by Users or third parties and related to the Smart School Pro Mobile Application and/or use of the Smart School Pro Mobile Application by the User, including, but not limited to the following cases:
    • claims regarding the quality of the Smart School Pro Mobile Application;
    • any statements implying that the Smart School Pro Mobile Application does not comply with any applicable legal or regulatory requirements;
    • claims arising under the consumer rights protection, confidentiality or similar laws, including cases associated with the Smart School Pro Mobile Application use.

• FINAL PROVISIONS
  • Technical maintenance and support of the Smart School Pro Mobile Application shall be carried out by the Copyright Holder.
  • The Copyright Holder acknowledges that in case a third person states that the Smart School Pro Mobile Application and/or use of the Smart School Pro Mobile Application by the User violates any intellectual property rights of the third person, the Copyright Holder shall use its own resources and funds to settle any claims associated with intellectual property rights violation as it deems appropriate.
  • The User and the Copyright Holder acknowledge the validity of the provision on third-party beneficiary of this Agreement. In case of violation of the User Agreement terms and conditions, the operator of the relevant application store may demand the enforcement of obligations under the User Agreement.
  • All disputes and differences arising in connection with the performance hereof shall be resolved by negotiations between the Parties.
  • If the Parties cannot settle a dispute by negotiation, it shall be brought before court at the Copyright Holder’s location in accordance with the Russian Federation laws.
  • The Copyright Holder shall be entitled to change terms and conditions of the User Agreement unilaterally. Such changes to the User Agreement terms and conditions shall become effective on the date of their publication, unless the relevant publication states otherwise.
  • The User shall regularly reacquaint themselves with the actual version of the User Agreement. The User shall track changes in the User Agreement on their own, and shall cease to use the Smart School Pro Mobile Application in case they do not agree with certain changes, which shall mean termination of the User Agreement by the User. Continued use of the Smart School Pro Mobile Application shall mean acceptance of the User Agreement changes by the User.
  • The User Agreement shall remain valid for all subsequent updates/new versions of the Smart School Pro Mobile Application. Installation of an update/new version of the Smart School Pro Mobile Application, use of a new version of the Smart School Pro Mobile Application shall mean acceptance of terms and conditions of this User Agreement by the User for the respective update/new version of the Smart School Pro Mobile Application, unless otherwise stated by the Copyright Holder.
  • Should any part of the User Agreement be recognized as invalid, unlawful or having no legal power, the validity, legality and applicability of other provisions shall remain in force.
  • The User hereby acknowledges that all the terms and conditions of this User Agreement are clear to them, and that the User accepts these terms and conditions unconditionally in their entirety.
  • The User’s unquiries, suggestions and claims related to the Smart School Pro Mobile Application operation can be addressed to info@smartschool.pro; the Copyright Holder can also be contacted at the following telephone number: + 7 (495) 690 51 44. By sending e-mails to the aforementioned e-mail address, the User acknowledges their consent for OOO Obrazovatelnye Tekhnologii to reply to the User’s inquiry to the e-mail address used to send the inquiry.
  • The User Agreement shall become effective on the date of its acceptance by the User. 
  • The User Agreement shall be governed by applicable laws of the Russian Federation.

• CONTACT DETAILS:

OOO Obrazovatelnye Tekhnologii (Educational Technologies Limited Liability Company)

Registered address: 6 Vspolny Pereulok, Unit 3, Floor/Room/Office 2/II/2, Moscow 123001, Russia

Primary State Registration Number (OGRN): 1187746544193

INN (Taxpayer Identification Number): 7703459048

KPP (Tax Registration Reason Code): 770301001

Telephone: + 7 (495) 690 51 44

E-mail: info@smartschool.pro