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Public Offer

(License Agreement on granting the right to use the automated information system «Smart Kindergarten»)

1. GENERAL PROVISIONS

1.1. By this public offer (hereinafter - the «Offer»), the Limited Liability Company «Educational Technologies», hereinafter referred to as the «Licensor», represented by the General Director Ignafeva Elena Borisovna, acting on the basis of the Articles of Association, offers any organization engaged in educational activities (hereinafter — the «Organization»), to conclude a license agreement on granting the right to use the automated information system «Smart Kindergarten» under the terms and conditions of this Offer.

1.2. This Offer contains all the essential terms of the license agreement for granting the right to use the system «Smart Kindergarten».

1.3. In accordance with paragraph 2 of Article 437 of the Civil Code of the Russian Federation (hereinafter — the «CC RF»), this document is a public offer, and in the case of acceptance of the terms set forth below and payment for the right to use the system «Smart Kindergarten», the person who has accepted this Offer becomes the Licensee in accordance with paragraph 3 of Article 438 of the CC RF. Acceptance of the Offer is equivalent to entering into an agreement under the terms set forth in the Offer. Partial acceptance of the Offer, as well as acceptance of the Offer under other terms and conditions, is not permitted.

1.4. By accepting the Offer, the Licensee guarantees that they are already familiar with and accept all the terms of the Offer in the form they are stated in the text of this Offer, as well as with the cost and conditions of granting the right to use the System «Smart Kindergarten».

1.5. The automated information system «Smart Kindergarten» is a rebranded version of the Smart School Pro platform, which is registered in the Unified State Register of Russian Programs for Electronic Computers and Databases, entry in the register No. 11511 dated 20.09.2021 was made on the basis of the order of the Ministry of Digital Development, Communications and Mass Media of the Russian Federation dated 20.09.2021 No. 983.

1.6. The exclusive right to the digital platform «Smart Kindergarten», a rebranded version of the Smart School Pro platform, is confirmed by certificate No. 2021616112 on state registration of the computer program in the Federal Service for Intellectual Property.

1.7. The provisions of Article 429.4 of the CC RF apply to the relations of the Parties when the Licensor provides the Licensee with the right to use the automated information system «Smart Kindergarten», as to a contract with performance on demand (subscription agreement).

1.8. The Offer does not require the document to be sealed and/or signed by the Licensor and the Licensee, while retaining full legal force.

2. TERMS AND DEFINITIONS

2.1. In this offer, the Parties have agreed on the following understanding of the Terms:

  • 2.1.1. System - automated information system «Smart Kindergarten», representing a complex of hardware and software resources installed in the Licensor's data center and intended for the functioning of the System. The innovative educational system «Smart Kindergarten» is a unified program-methodological environment that offers the Licensee (Organizations) and the Licensee's users opportunities for the automated organization of educational processes.
    The composition of the System Modules provided to the Licensee: agreements; children; groups; staff; holders; trusted persons; mailings/announcements and messages; letters; schedule/calendar; meals; diagnostics; monitoring; contacts/feedback.
    The Licensor may unilaterally introduce additional Modules that will be opened for the Licensee's use. The Licensee is entitled to use all necessary and available system modules during the term of use.
    Access to the System is carried out through the website located on the Internet at: www.smartsad.pro (web version), and through the Mobile Application «Smart Kindergarten».
  • 2.1.2. Trial Period – the period of time agreed by the Parties, during which the Licensor provides the Licensee with the right to use the System Modules on a free basis for the purpose of studying the System.
  • 2.1.3. Data Center – a specialized center for storing and processing data located on server and network equipment in order to function the System.
  • 2.1.4. System Connection – provision by the Licensor to the System Users of Authorized access to the client part of the System website (Web interface) via the Internet. The link for connecting to the System website located on the Internet at: www.smartsad.pro may be changed by the Licensor unilaterally with prior notice to the Licensee, which is generated automatically by the System.
  • 2.1.5. Licensee - an organization engaged in educational activities, regardless of its organizational and legal form, which has accepted this Offer and is registered in the System.
  • 2.1.6. System User - an individual who has a registered Profile in the System and is assigned a Username (login) and Password, and uses the System in accordance with the User Agreement.
  • 2.1.7. Personal Data - any information relating directly or indirectly to a specific or identifiable physical person (subject of personal data).
  • 2.1.8. Profile – a section of the System displaying cumulative information about a group of Students or an individual Student. The Profile includes an information panel (dashboard) of the Student/group of Students, consisting of elements (a set of widgets) reflecting Information about the child/group of Students based on the content of the corresponding System Modules.
  • 2.1.9. Account - the System User's account containing data about them and having a set of rights of Authorized access to certain System Modules and/or rights to enter Information.
  • 2.1.10. Username (login) – the email address of the User.
  • 2.1.11. Password – a sequence of characters known only to the individual System User and used for Authentication of the System User.
  • 2.1.12. Authentication – verification of the authorization of a remote request of a User to the System, carried out using the Username (login) and Password.
  • 2.1.13. Authorized Access – access to information and/or System Modules in accordance with the rights of the System User, provided that the Authentication of the System User is successful.
  • 2.1.14. Modules – sections of the System, representing a certain amount of interrelated System functions, allowing the System User to solve a range of tasks and use the results of the System's functioning in the automated organization of educational processes.
  • 2.1.15. Licensee's Employees – physical persons who are in labor or other civil law relations with the Licensee.
  • 2.1.16. Licensee's Employees having Authorized Access to the System – physical persons who are in labor or other civil law relations with the Licensee and are System Users with Authorized Access.
  • 2.1.17. Administrator – an employee of the Licensee appointed as responsible for the management of the System Modules in the Organization and for interaction with the Licensor and the Technical Support Service of the Licensor on the use of the System.
  • 2.1.18. Information – information and data provided by the Licensee's employees, necessary for the full functioning of the System, maintenance of the educational process and creation of an educational information space.
  • 2.1.19. Technical Support Service – the Licensor's service providing consulting services to System Users on the features of working with the System, as well as on the prompt elimination of errors in the operation of the System in case of their occurrence.
  • 2.1.20. Technical protection of information in the System – a set of measures to protect information from unauthorized access, including through technical channels, as well as from special actions on it for the purpose of destruction, distortion or blocking of access.
  • 2.1.21. Technical protection of the System - a combination of organizational, technical and other measures to ensure the security of the System and the System Modules.
  • 2.1.22. Student – a person mastering the educational program on the basis of an agreement concluded between the Trusted Person and the Licensee.
  • 2.1.23. Parent – a person who is a documented legal representative of the Student undergoing training at the Licensee.
  • 2.1.24. Trusted Person – a person authorized by the Student's Parent or other legal representative of the Student to interact with the Licensee's representatives within the framework of the concluded Service Agreement.
  • 2.1.25. Holder of the Service Agreement – the party to the Service Agreement who is the customer of educational services and pays for educational services.
  • 2.1.26. Service Agreement – an agreement on education concluded by the Licensee with the Trusted Person.
  • 2.1.27. Force Majeure Event – such extraordinary circumstances that the Parties, based on their reasonably understood capabilities, could not prevent, including natural phenomena – natural disasters (floods, earthquakes, hurricanes, snowdrifts and other extreme weather conditions, etc.) and social phenomena (epidemics; hostilities, uprisings, revolutions, riots, military rule or usurpation of power, riots, civil unrest, exposure to nuclear radiation, strikes, terrorist acts, etc.), as well as actions of state and municipal authorities of the Russian Federation within their competence (as well as state enterprises and/or institutions), including the issuance of acts by such authorities (individual and regulatory) that directly or indirectly prohibit or restrict the performance of the Party's obligations under the Agreement.
  • 2.1.28. Acceptance – full and unconditional acceptance of the terms of the Offer by performing the actions specified in it.
  • 2.1.29. Mobile Application «Smart Kindergarten» – a computer program that allows Users who have installed this application on their mobile device to use the functionality of the System «Smart Kindergarten». The procedure and conditions for using the Mobile Application «Smart Kindergarten» are regulated by the User Agreement.

3. SUBJECT OF THE AGREEMENT

3.1. In accordance with this Offer, the Licensor, under the terms of a simple (non-exclusive) license (hereinafter also referred to as the «License»), provides the Licensee with a temporary (limited) right to use the System and the System Modules specified in clause 2.1.1 of the Offer for a Trial Period of 2 (two) weeks, and after the end of the Trial Period, the Licensor, under the terms of a simple (non-exclusive) license, provides the Licensee with the right to use the System and the System Modules specified in clause 2.1.1 of the Offer for the period paid by the Licensee according to the terms of this Offer.

3.2. Proper Acceptance of the terms of the Offer during the Trial Period is any use of the System's functionality for its intended purpose, and in the period after the end of the Trial Period, proper Acceptance of the Offer is payment of the cost of the License in accordance with Section 8 of the Offer (paragraph 3 of Article 438 of the CC RF).

3.3. The Licensee confirms that before the conclusion of the Agreement (acceptance of this Offer and payment for the License), it received from the Licensor all necessary information about the terms, cost, and procedure for using the System.

3.4. The Licensee is not entitled to grant the right to use the System to third parties (without the right to sublicense). The Licensor reserves the right to issue Licenses to any third parties. The Licensee may use the System only within the limits of those rights and in those ways provided for in the System.

3.5. The scope of this Offer also extends to all subsequent updates and new versions of the System.

3.6. The Parties undertake to ensure the confidentiality of personal data to which they gain access in connection with the performance of the terms of this Offer.

3.7. The License is considered granted from the moment of Acceptance of the terms of the Offer and provides the Licensee with the right to use the System only on the territory of the Russian Federation and only during the term of the Agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Licensor undertakes to:

  • 4.1.1. Provide the Licensee with the right to use the System in the manner and on the terms of the Offer.
  • 4.1.2. Ensure the proper functioning of the System during the entire term of the License.
  • 4.1.3. Ensure the confidentiality of the information received from the Licensee in connection with the performance of obligations under this Offer.
  • 4.1.4. Through automatic notifications in the System, inform the Licensee of the fact of limitation or blocking of the System.
  • 4.1.5. Provide on a free basis to the Licensee's Employees who have Authorized Access to the System the right to use the Mobile Application «Smart Kindergarten» in accordance with the User Agreement.

4.2. The Licensor has the right to:

  • 4.2.1. Unilaterally change the algorithm of the System's functioning in connection with changes in the legislation of the Russian Federation in the field of information security.
  • 4.2.2. Introduce additional requirements, due to changes in the legislation of the Russian Federation, for the level of technical equipment of the Licensee and the level of training of the Administrator.
  • 4.2.3. Take additional organizational measures and use additional technical means to protect information processed in the System.
  • 4.2.4. Restrict or block connection to the System or take other measures against any User who has violated the terms of Section 7 of the Offer, or the norms of the current legislation, or the legally protected rights of third parties in case of receiving a reasoned complaint from them. The nature of these measures, including the duration and level of restriction of connection to the System, are determined by the Licensor at its sole discretion and can be applied without prior notice and explanation of reasons.
  • 4.2.5. At any time transfer its rights and obligations to a third party without obtaining the written consent of the Licensee.
  • 4.2.6. Unilaterally change the composition of the System Modules (including adding new Modules to the System) available for use and notify the Licensee of this by sending messages through the System interfaces.

4.3. The Licensee undertakes to:

  • 4.3.1. Comply with the security requirements when processing personal data in the System, established by Section 6 of the Offer, in particular, work with the System only from workstations (personal computers) equipped with antivirus software certified by the FSTEC RF, and in the case of using a mobile application that includes the System's functionality, use software that prevents hacking of the Profile (account) or unauthorized access to the System or the Profile (account).
  • 4.3.2. Report to the Licensor the necessary information for the proper performance of the Licensor's obligations under this Agreement.
  • 4.3.3. Not change, decompile, disassemble, decrypt or perform other actions with the object code of the System (software) aimed at obtaining information about the implementation of algorithms used in the System. Do not copy or reproduce System interfaces, do not create derivative works using the System, and do not carry out (allow to carry out) other use of the System without the written consent of the Licensor.
  • 4.3.4. Do not perform other actions that may cause losses to the Licensor or damage the business reputation of the Licensor. In the case of claims against the Licensor by third parties caused by the actions/inaction of the Licensee, the Licensee undertakes to independently and at its own expense settle such claims or (at the choice of the Licensor) pay the Licensor a fine, the amount of which cannot exceed the amount of such claims.
  • 4.3.5. Use the System only for its intended purpose.
  • 4.3.6. Do not use the System for illegal purposes.
  • 4.3.7. Upon acceptance of the Offer and during the term of use of the System, specify in the System a valid email address and contact telephone number of the Administrator for interaction and communication with the Licensor, and in case of changes in the data about the Administrator, immediately update them in the System.
  • 4.3.8. Specify in the System current and reliable details and data about the Organization.
  • 4.3.9. Appoint an Administrator.
  • 4.3.10. Inform the Licensee's Employees and Trusted Persons about the fact of acceptance of the Offer and the transfer of personal data of these persons to the Licensor for processing, obtain consent to the processing of personal data according to the recommended forms according to Annexes No. 2-4 to this Offer.
  • 4.3.11. When concluding a Service Agreement using the System, it is recommended to sign consents in the forms specified in Annexes No. 2-4 to this Offer in accordance with the requirements of the Federal Law «On Protection of Personal Data» No. 152-FZ dated 27.07.2006.
  • 4.3.12. It is recommended to enter information about Trusted Persons into the System after obtaining consent to the processing of personal data in the form of Annex No. 4 to the Offer from the Trusted Person in accordance with the requirements of the Federal Law «On Protection of Personal Data» No. 152-FZ dated 27.07.2006.
  • 4.3.13. Ensure the creation of the Profile of the Agreement Holder/Parent to use the Mobile Application «Smart Kindergarten», as well as the web version of the System. The procedure and conditions for using the Mobile Application «Smart Kindergarten» and the web version of the System are established by User Agreements.
  • 4.3.14. When working with the System, use the informational, methodical, and reference materials placed in the System and provided by the Technical Support Service.
  • 4.3.15. Bear responsibility for the processing of personal data of Employees, Students, and Trusted Persons entered into the System in accordance with the legislation of the Russian Federation.

4.4. The Licensee has the right to:

  • 4.4.1. Use its logo in the System next to the Licensor's logo.
  • 4.4.2. When using the System, collect wishes and feedback of Users with the aim of their further transmission to the Licensor to improve the System's operation.
  • 4.4.3. At official events and in interaction with partners, disclose the fact of using the System and the name of the Licensor.
  • 4.4.4. Independently appoint (reappoint) the employee of the Organization carrying out the rights and duties of the System Administrator.
  • 4.4.5. Manage access rights of Users to the System.
  • 4.4.6. Determine the availability and visibility of individual System Modules to different categories of Users.

5. SYSTEM USE PROCEDURE

5.1. The User is entitled to use the System Modules only within their Profile (account).

5.2. After the end of the Trial Period, the Licensee pays for the right to use the System and System Modules in cashless form to the settlement account of the Licensor according to the requisites specified in this Offer.

5.3. After the end of the Trial Period, the Licensee is entitled to use the System and the System Modules only after full 100% payment of the License. In case of absence of payment of the license fee, the Licensor blocks access to the System and System Modules for the Licensee, including blocking (restricting) access to all the Licensee's Employees.

5.4. The Licensor, through automatic notifications in the System, informs the Licensee of the need to pay for the right to use the System.

6. SYSTEM SECURITY

6.1. Technical protection of the System is provided by the Licensor in accordance with the requirements of the legislation of the Russian Federation on personal data. The composition and content of measures to ensure the security of personal data necessary to ensure each of the levels of security of personal data include the measures established by the Order of the FSTEC of Russia dated 18.02.2013 No. 21 «On Approval of the Composition and Content of Organizational and Technical Measures to Ensure the Security of Personal Data during its Processing in Personal Data Information Systems». This fact is confirmed by Certificate No. 2022/03/21-01A on compliance of personal data processing dated March 21, 2022, issued to LLC «Educational Technologies» based on the results of the audit.

6.2. In the System, differentiation of rights to view and edit data is applied. Entry and editing of Information or a part of it is available only to the Licensee's Employees who have Authorized Access to the System within the limits restricted by the Licensee's Profile in the System.

6.3. The Licensee's Employees who have Authorized Access to the System, in order to exclude unauthorized access of third parties to the System, undertake to ensure the safety of their Username (login) and Password.

6.4. The Licensee bears full responsibility for all damage caused to it or third parties, which arose as a result of intentional or unintentional loss of the Username (login) and Password for Authorized access to the System.

6.5. The Licensee fully bears all risks associated with connecting its computing resources to the Internet. The Licensee independently ensures the protection of its own computing resources from unauthorized access and virus attacks from the Internet and local computing networks. In this case, the Licensor undertakes to carry out the necessary actions aimed at protecting against unauthorized access to the System, including those that occurred from the workstations (computers) of the Licensee.

6.6. When using the System, the Licensee undertakes to ensure that Users do not violate the information security of the System, namely, do not perform the following actions:

  • do not attempt to test the vulnerability of the System security system, violate the registration and authorization procedures without the permission of the Licensor;
  • do not attempt to create interference in the use of the System by other Users, which includes the distribution of computer viruses, corruption of data, continuous mailing of repetitive information, transmission of email through the website server, simultaneous sending of a large amount of email and/or requests to the System in order to intentionally disable the website server and similar actions that go beyond the normal target use of the System and can intentionally or through negligence cause failures in its operation;
  • do not send materials to System Users to which they did not give their consent, «spam», any letters and advertisements without the permission of the Licensor.

7. PERSONAL DATA

7.1. The Licensor may carry out the processing of personal data of the Licensee's Employees, Trusted Persons, and Students in the following ways: systematization, accumulation, storage, anonymization, extraction, use, deletion, and destruction.

7.2. The Licensor is entitled to carry out actions to delete or destroy personal data of the Licensee's Employees, Agreement Holders, Parents, and Students if within three months the Licensee did not pay the Licensor the license fee for the right to use the System.

7.3. The Licensor may carry out the processing of personal data of the Administrator in the following ways: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (provision, access), blocking, deletion, and destruction.

7.4. The Licensee may carry out the processing of personal data of the Licensee's Employees, Service Agreement Holders, and Students in the following ways: collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (provision, access), blocking, anonymization, deletion, and destruction.

7.5. The Parties are obliged to take appropriate technical and organizational measures to ensure the security of Personal Data in accordance with the requirements of the legislation of the Russian Federation in the field of personal data protection.

7.6. The Parties agree that they are obliged to process personal data in accordance with the requirements of the legislation of the Russian Federation in the field of personal data protection.

7.7. The Parties are entitled to use personal data only in compliance with the requirements established by the current legislation of the Russian Federation for the processing and protection of personal data.

7.8. The Parties agree that the Licensee bears responsibility for the processing of personal data of Employees, Students, and Parents entered into the System in accordance with the current legislation of the Russian Federation.

7.9. The list of personal data, permissible but not mandatory, for processing by the Licensee using the System:

  • Last name, first name, patronymic;
  • Year, month and date of birth;
  • Address (residence and registration);
  • Face image data;
  • Phone number;
  • Email address;
  • Citizenship;
  • Insurance Number of Individual Ledger Account (SNILS);
  • Passport data;
  • Birth certificate data;
  • Health status data (including: form 26U; physical development; past illnesses; preventive vaccinations; test data and absence of contact with infectious patients; height; weight; health group; chronic diseases; allergies; dietary restrictions; specialists with whom the subject is registered; exemption from physical education);
  • Education agreement details;
  • Results of pedagogical monitoring;
  • Results of diagnostics of the child's development.

8. AMOUNT OF REMUNERATION, PROCEDURE AND TERMS OF ITS PAYMENT

8.1. The use of the System during the Trial Period is free of charge. After the end of the Trial Period, for granting the right to use the System under the terms of a simple (non-exclusive) license, the Licensee pays the Licensor a license fee in the amount specified in Annex No. 1 to the Offer.

8.2. The amount of the license fee for using the System depends on the maximum standard capacity of the organization engaged in educational activities (number of System Users), and is specified in Annex No. 1 to the Offer. In case of a change in the number of System Users, the amount of the license fee is subject to increase.

8.3. The amount of the monthly license fee may be increased by the Licensor by a percentage not exceeding the inflation rate established by the Central Bank of the Russian Federation, but not earlier than a year from the start of using the System and not more than once a year.

8.4. The addition of new Modules to the System by the Licensor and/or updating (improving) the functionality of individual System Modules does not change the monthly license fee paid by the Licensee.

8.5. The license fee is paid to the Licensor monthly, no later than the 25th day of each month preceding the period for which payment is made, or by a one-time payment for 12 months of using the System, in cashless form by transferring funds to the Licensor's settlement account according to the requisites specified in this Offer.

9. REPRESENTATIONS AND WARRANTIES OF THE PARTIES

9.1. Each Party represents and warrants that it has all rights and powers necessary for the conclusion of this Agreement and full performance of its obligations under it, and that the conclusion and/or performance of obligations under the Agreement will not violate the terms of any other obligations of this Party to third parties.

9.2. The Licensor guarantees that it is the legal copyright holder of the System.

9.3. The Licensee undertakes to take measures to prevent unauthorized access of third parties to information associated with the use of the System by Users. Any information of this kind can be provided to third parties only in the manner established by the current legislation.

9.4. The Licensor does not bear responsibility for possible misuse of data obtained from the System by third parties, which occurred due to: technical failures in software, servers or computer networks that are beyond the control of the Licensor; interruptions in the System's operation associated with intentional or unintentional misuse of the System by third parties.

10. TERM OF THE AGREEMENT AND PROCEDURE FOR ITS TERMINATION

10.1. The Offer comes into force from the moment of full and unconditional Acceptance of the terms by the Licensee.

10.2. After the end of the Trial Period, the License under this Agreement is provided to the Licensee for the period paid by the Licensee. The term of the Agreement is equal to the period paid by the Licensee. This Agreement is automatically extended for the Licensee for each subsequent paid period of time (1 month or 12 months).

10.3. When paying the license fee for one calendar month, the agreement is subject to termination if the Licensee has not paid the Licensor in cashless form, no later than the 25th day of each month preceding the period for which payment is made, the monthly license fee in accordance with the tariffs specified in Annex No. 1 to the Offer. In case of absence of payment of the license fee, the Licensor blocks access to the System and System Modules for the Licensee, including blocking (restricting) access to all the Licensee's Employees, and the agreement is subject to termination.

10.4. Termination of the agreement is possible in accordance with the current legislation of the Russian Federation by agreement of the parties, on the initiative of either Party unilaterally, as well as by court decision.

10.5. In case of termination of this Agreement on the initiative of the Licensee or by agreement of the Parties during the current paid calendar month, the funds for the remaining calendar days of the current paid month are not refundable.

10.6. In case of termination of this Agreement on the initiative of the Licensee or by agreement of the Parties in case of payment of the license fee for 12 months, the calculation of funds to be returned to the Licensee is carried out based on the amount of the license fee without taking into account the discount provided, in the following order: the cost of the License for 12 months (without discount) minus the amount of the license fee for full and incomplete calendar months of using the System.

10.7. The return of funds by the Licensor to the Licensee is carried out within a period not exceeding 5 working days from the date of termination of this Agreement.

10.8. In case of early termination of the Agreement in accordance with clause 10.6 of the Offer, the Licensee undertakes to notify the Licensor by sending the Licensor an email to its email address with the subject line «Early termination of the Agreement and refund of funds», containing the application for a refund of part of the funds according to the Licensor's form. The notice of termination of the Agreement must be sent by the Licensee to the Licensor no later than the 25th day of the month from which the Licensee intends to terminate this Agreement. After early termination of the Agreement, the Licensee undertakes to cease using the System from the date of termination of the agreement.

10.9. The Licensor is entitled to unilaterally refuse this Agreement without making a refund of funds if the Licensee has violated the procedure and conditions for using the System and/or the limits of using the License.

11. LIABILITY OF THE PARTIES

11.1. For non-performance or improper performance of obligations under this agreement, the parties bear responsibility in accordance with the legislation of the Russian Federation.

11.2. The fact of conclusion and the subject of this Agreement are not confidential and can be used by the Parties for advertising and marketing purposes.

11.3. The Parties are released from liability for partial or complete non-performance of obligations under this Agreement if the non-performance was the result of a Force Majeure Event.

11.4. The Party for which it became impossible to perform or perform properly its obligations under the agreement due to force majeure must notify the other Party in writing within 3 (three) days, presenting appropriate evidence of the existence of force majeure circumstances. Failure to notify or improper notification of the occurrence of such circumstances deprives this Party of the right to refer to them. Proper proof of the existence of force majeure circumstances is a certificate issued by the Chamber of Commerce and Industry of the Russian Federation or another competent authority.

11.5. For the duration of the force majeure, the performance of the Parties' obligations under the agreement is suspended. After the cessation of such circumstances, the action of the Agreement is resumed. In this case, the Parties agree in writing on new deadlines for performing obligations under the agreement and conditions for their execution.

11.6. If the force majeure continues for more than 2 (two) months, each of the Parties is entitled to refuse to perform the Agreement unilaterally by sending the other Party a written notification, which comes into force at the moment of receipt.

12. DISPUTE RESOLUTION

12.1. In case of interpretation of the Offer, as well as in case of any disputes and (or) disagreements of the Parties on the Offer, the Parties will be guided by the legislation of the Russian Federation and will take all possible measures to settle them through negotiations. The pre-trial dispute resolution procedure is mandatory and is considered complied with when one party sends a corresponding claim and 30 calendar days elapse after its receipt by the other party.

12.2. All disputes and disagreements that may arise from this agreement and in connection with it are subject to resolution at the location of the Licensor.

13. FINAL PROVISIONS

13.1. The Licensee confirms that the Acceptance is equivalent to signing and concluding the Agreement under the terms set forth in it. The written form of the Agreement is considered complied with in accordance with paragraph 3 of Article 434 of the CC RF, and signing the agreement on paper between the Parties or sending a copy of the Agreement on paper to the Licensee is not required.

13.2. The Parties recognize that if any of the provisions of the Offer becomes invalid during its term due to changes in legislation, the remaining provisions of the Offer are binding on the Parties during the term of the Offer.

13.3. After the conclusion of the Agreement, the Licensee is obliged to independently track changes in the terms of the Offer, which may be made by the Licensor unilaterally. In this case, the continuation of the use of the System will be considered by the parties as the Licensee's consent to the changes.

13.4. The Licensor reserves the right to make changes to the terms of the Offer and/or withdraw the Offer at any time at its sole discretion. In case of making changes to the Offer, such changes come into force from the moment of their publication on the Website, unless another term for entering into force is established or determined when publishing changes to the Offer.

13.5. The following are attached to this Offer and are its integral parts:

  • Annex No. 1 - Monthly tariffs for the right to use the System;
  • Annex No. 2 – Consent to personal data processing of the agreement holder and the child;
  • Annex No. 3 – Consent to personal data processing of the employee;
  • Annex No. 4 - Consent to personal data processing of the trusted person.

14. REQUISITES OF THE LICENSOR AND CONTACT INFORMATION

Limited Liability Company «Educational Technologies»
Registered Address: 123001, Moscow, Presnensky District, Kozikhinsky M. Lane, 16/3, apt. 11
OGRN: 1187746544193
TIN: 7703459048
KPP: 771001001
Phone: + 7 (495) 762-72-02
E-mail: info@smartschool.pro

Bank Details:
Account: 40702810938000078868 at PJSC SBERBANK
BIC: 044525225
Corr. Account: 30101810400000000225

Annex No. 1 to the Offer
Monthly tariffs for the right to use the System

TARIFFS

The amount of the monthly license fee for providing the Licensee with the right to use the System by access to the System located at https://smartsad.pro:

  1. The cost of providing the right to use the System by access to the Smart Kindergarten system for state preschool educational institutions, regardless of the standard capacity of the preschool institution — 4,500 rubles per month.
  2. The cost of providing the right to use by access to the Smart Kindergarten system for other organizations carrying out educational activities:
    • with a maximum standard capacity (number of Users) up to 50 places — 4,500 rubles per month;
    • with a maximum standard capacity (number of Users) up to 100 places — 5,500 rubles per month;
    • with a maximum standard capacity (number of Users) up to 200 places — 6,500 rubles per month;
    • with a maximum standard capacity (number of Users) over 200 places — 7,500 rubles per month.
  3. When paying the cost of the license at one time for 12 months, a discount of 10% is provided.

Annex No. 2 to the Offer
FORM Consent to personal data processing (Agreement Holder and Child)

I, ____________________________________________________________________________ (Full Name), residing at _______________________________________________________________ (address), passport series ____________ number __________, issued by ________________________________, date of issue «____» ___________ 20___, as a subject of personal data and legal representative of the subject of personal data, in accordance with the requirements of the Federal Law of 27.07.2006 No. 152-FZ «On Personal Data», acting by my own will and in the interests of my child ______________________________________, birth certificate series ____________ number __________, issued by ________________________________, date of issue «____» ___________ 20___, give consent to the processing (collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (provision, access), blocking, anonymization, deletion, and destruction) of my personal data and the personal data of my child to the Operator registered at the address ______________________________________, both with and without the use of automation tools, including transmission over the Operator's internal network and the Internet.

Personal data is transferred to the Operator for the purposes of:

  • providing access to the «Smart Kindergarten» system at www.smartsad.pro, owned by LLC «Educational Technologies»;
  • ensuring the educational process;
  • compliance with the rules and regulations for the admission of children to educational institutions;
  • formation of individual information about students;
  • obtaining information about children in need of social support and special attention from educators;
  • ensuring the safety of students;
  • statistical processing of education data.

For the implementation of the above purposes, I provide the following personal data:

  • my personal data: last name, first name, patronymic; phone; email address; citizenship; education service agreement details; photo; passport data.
  • personal data of my child: last name, first name, patronymic; year, month and date of birth; address (residence and registration); photo; citizenship; SNILS; results of pedagogical monitoring; birth certificate data; health status data (including: form 26U; physical development; past illnesses; preventive vaccinations; test data and absence of contact with infectious patients; height; weight; health group; chronic diseases; allergies; dietary restrictions; specialists with whom the subject is registered; exemption from physical education; results of diagnostics of psychophysical development; dietary restrictions; results of pedagogical monitoring; results of diagnostics of the child's development).

I also give my consent to the transfer of the above personal data to third parties processing personal data on the basis of corresponding agreements:

  • LLC «Educational Technologies», registered at: 123001, Moscow, Presnensky District, Kozikhinsky M. Lane, 16/3, apt. 11;
  • LLC «Selectel», registered at: 196084, St. Petersburg, Tsvetochnaya St., 21, lit. A.

I have been notified by the Operator of the consequences of refusing to give consent to the processing of my personal data, namely the impossibility of interaction and (or) cooperation due to the Operator's lack of legal grounds for documenting legal relations between me and the Operator.

This Consent comes into force from the day of its signing and is valid until the goals of personal data processing are achieved. I have been notified of my right to withdraw this consent at any time. Withdrawal is made by my written application in the manner determined by the legislation of the Russian Federation.

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