User Agreement

for the mobile application «Smart Kindergarten»

Before using any functionality of the Mobile Application «Smart Kindergarten», please read the terms of the agreement below.

Each download of the Mobile Application «Smart Kindergarten» from the application store Google Play or Apple Store or Huawei AppGallery, its installation, launch, update, and other use is considered a complete and unconditional acceptance by the User of the terms of the User (License) Agreement in the version in force at the time of actual use of the Mobile Application «Smart Kindergarten», as well as the conclusion of the agreement by accession to it, in the manner of Articles 435-438 of the Civil Code of the Russian Federation.

The User Agreement, containing elements of a license agreement, is concluded between the User and the Right Holder (LLC «Educational Technologies»).

The use of the Mobile Application «Smart Kindergarten» is permissible exclusively under the terms of the User Agreement.

If you do not accept the terms of the User Agreement in full, you do not have the right to use the Mobile Application «Smart Kindergarten» for any purpose.

1. Terms and Definitions

In the User Agreement, the following terms are used with the following meanings:

User Account — the User's account in the Mobile Application «Smart Kindergarten» and/or the System.
Remuneration — the license fee paid by the User through the payment system of LLC «CLOUDPAYMENTS» (CloudPayments, www.cloudpayments.ru) for the right to use the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents, which has additional paid functionality consisting of the following modules: message board; letters; daily report; diagnostic results; pedagogical monitoring; menu; additional education (schedule of additional education groups and information about them).
Student — a person mastering the educational program of preschool education.
Username (login) — a sequence of characters uniquely identifying each individual User among other Users of the Mobile Application «Smart Kindergarten» and/or the System.
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» in order to receive information and details about the Student from the System «Smart Kindergarten». The Mobile Application «Smart Kindergarten» is presented by the Right Holder for Users in the corresponding application store App Store or Google Play or Huawei AppGallery in three versions:
- (a) free version for Parents, consisting of the following modules: feed of messages; chat; individual schedule of the child (including the schedule of the main and additional education groups attended by the child); staff; trusted persons; agreements; personal data; contacts of the preschool educational institution (PEI).
- (b) «PREMIUM» version for Parents, having additional paid functionality, consisting of the following modules: message board; letters; daily report; diagnostic results; pedagogical monitoring; menu; additional education (schedule of additional education groups and information about them);
- (c) free version for educators of the preschool educational institution and staff of the educational organization.
User — a physical person possessing legal and mental capacity to enter into this User Agreement, with the purpose of using the Mobile Application «Smart Kindergarten» in their own interest or in the interest of a third party.
Right Holder — Limited Liability Company «Educational Technologies», registered at: 123001, Moscow, Presnensky District, Kozikhinsky M. Lane, 16/3, apt. 11, under the main state registration number (OGRN): 1187746544193.
Parent — a User of the Mobile Application «Smart Kindergarten», a person who is a documented parent or other legal representative of the Student.
System «Smart Kindergarten» — the automated information system «Smart Kindergarten» («Smart School Pro»), representing a complex of hardware and software resources installed in the Right Holder's data center and intended for the functioning of the System. The innovative educational system «Smart Kindergarten» represents a unified program-methodological environment that offers capabilities for the automated organization of preschool education processes.

2. General Provisions

2.1. The User Agreement establishes the terms of use of the Mobile Application «Smart Kindergarten», and is concluded between any capable physical person using the Mobile Application «Smart Kindergarten» and the Right Holder.

2.2. By downloading/installing the Mobile Application «Smart Kindergarten» on a mobile device, or in any other way using the functionality of the Mobile Application «Smart Kindergarten», the User expresses their full and unconditional consent to all terms of the User Agreement.

2.3. The use of the Mobile Application «Smart Kindergarten» in violation or non-fulfillment of any of the terms of the User Agreement is prohibited. The User must immediately delete the Mobile Application «Smart Kindergarten» in case of disagreement with the provisions of the User Agreement. Otherwise, the User is considered unconditionally agreeing to all terms of the User Agreement.

2.4. The law of the Russian Federation applies to the User Agreement and all relations related to the use of the Mobile Application «Smart Kindergarten», and any claims or lawsuits arising from the text of the User Agreement and/or the use of the Mobile Application «Smart Kindergarten» must be filed and considered in the court at the location of the Right Holder.

2.5. Before starting to use the Mobile Application «Smart Kindergarten», the User is obliged to read the text of the User Agreement, as well as all other documents placed in the corresponding sections of the website smartsad.pro.

2.6. By using the Mobile Application «Smart Kindergarten», the User confirms that they have fully read, understood, agreed, and accepted the terms of the User Agreement, taking into account possible changes, and undertake to comply with it and bear responsibility for its violation. In case of disagreement with the terms of the User Agreement, the User must immediately stop using the Mobile Application «Smart Kindergarten».

2.7. After registration in the Mobile Application «Smart Kindergarten» and the procedure of familiarization with the text of the User Agreement, the User joins (accepts) this User Agreement, which in the sense of Articles 435-438 of the Civil Code of the Russian Federation and clause 5 of Article 1286 of the Civil Code of the Russian Federation is the acceptance of the Right Holder's offer, as well as the conclusion of a contract generating the User's obligations to comply with the terms of the User Agreement.

2.8. Actual use of the Mobile Application «Smart Kindergarten» without registration of an Account, in the form and scope available without registration, is also an acceptance of the User Agreement.

Regarding the licensing of the Mobile Application «Smart Kindergarten» during the period of granting the right of use, the provisions of Article 429.4 of the Civil Code of the Russian Federation apply, qualifying the provisions of this User Agreement as a contract with performance on demand (subscription contract).

3. Subject of the User Agreement

3.1. The exclusive right to the Mobile Application «Smart Kindergarten» (including individual elements of the Mobile Application) belongs to the Right Holder.

3.2. The Right Holder provides the User, under the terms of a simple non-exclusive license, with a limited non-transferable property right to use the Mobile Application «Smart Kindergarten» within the limits defined by the User Agreement, on the territory of the Russian Federation, including in the Internet network, without the right to transfer (sublicense) to other persons.

3.3. The right to use, under the terms of a simple non-exclusive license, the limited free version of the Mobile Application «Smart Kindergarten» for Parents, consisting of the following modules: message feed; chat; individual child schedule (including main and additional education group schedule); staff; trusted persons; agreements; personal data; contacts of the preschool educational institution (PEI), is provided to the Parent on a free basis.

3.4. The right to use the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents, which has additional paid functionality consisting of the modules: message board; letters; daily report; diagnostic results; pedagogical monitoring; menu; additional education (schedule of additional education groups and information about them), is provided to the User/Parent for Remuneration in the amount specified in the Mobile Application «Smart Kindergarten».

3.5. The right to use the version of the Mobile Application «Smart Kindergarten» for educators of the preschool educational institution and staff of the educational organization is provided to the User on a free basis.

3.6. The User is granted the right to use the Mobile Application «Smart Kindergarten» during the following licensing terms:

3.6.1. for the limited free version of the Mobile Application «Smart Kindergarten» for Parents – during the term of installation and use of the functionality of the Mobile Application on the User's mobile device;
3.6.2. for the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents, having additional paid functionality – during the time interval (licensing term) for which the Remuneration has been paid by the User. The licensing term is determined by the User at the time of payment for the right to use the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents, and is equal to: 1 (one) calendar month or 1 (one) calendar year from the moment of payment by the User;
3.6.3. for the version of the Mobile Application «Smart Kindergarten» for educators of the preschool educational institution and staff of the educational organization – during the term of installation and use of the functionality of the Mobile Application on the User's mobile device.

3.7. Methods of using the Mobile Application «Smart Kindergarten»:

3.7.1. in accordance with its direct functional purpose, the User is entitled to use the available functional capabilities/services supported in the Mobile Application «Smart Kindergarten» for personal purposes by accessing the Mobile Application «Smart Kindergarten», reproducing/downloading, and/or installing the Mobile Application «Smart Kindergarten» on the User's mobile device(s);
3.7.2. the User is entitled to get access to the installation and use of new versions of the Mobile Application «Smart Kindergarten».

3.8. The User is prohibited from:

3.8.1. interfering with the operation of the Mobile Application «Smart Kindergarten» in ways that may result in disruption of its operability;
3.8.2. modifying, improving, translating into other languages, decompiling, disassembling, decoding, emulating, violating integrity, or restoring the source code of the Mobile Application «Smart Kindergarten» or any of its parts, performing other actions with the object code of the application aimed at obtaining information about the implementation of algorithms used by the application;
3.8.3. creating derivative works using the Mobile Application «Smart Kindergarten», as well as carrying out other use of the Mobile Application «Smart Kindergarten» without the written consent of the Right Holder;
3.8.4. using the Mobile Application «Smart Kindergarten» for illegal purposes;
3.8.5. reproducing, distributing, processing for commercial or non-commercial purposes elements of the Mobile Application «Smart Kindergarten» that are the object of copyright of the Right Holder or third parties, in the absence of permission from the respective copyright holders;
3.8.6. transferring the rights of use granted to the User of the Mobile Application «Smart Kindergarten» to other Users or third parties by concluding a sublicense agreement or in any other way;
3.8.7. collecting personal data and other account data of other Users and/or other information;
3.8.8. changing the name of the Mobile Application, changing and/or deleting the copyright notice or other indications on «Smart Kindergarten»;
3.8.9. posting any illegal information in the Mobile Application «Smart Kindergarten».

3.9. The Right Holder is entitled at any time, at its sole discretion, without notifying the User, to modify the Mobile Application «Smart Kindergarten», change its functionality, stop supporting the operability of the Mobile Application «Smart Kindergarten», and also, without explaining the reasons, deny the User access to the Mobile Application «Smart Kindergarten». Denial of access to the Mobile Application «Smart Kindergarten» may be carried out by the Right Holder, including by reason of the User's violation of the User Agreement.

3.10. All materials published in the Mobile Application «Smart Kindergarten», including any documentation, texts, data, images, graphics, design, databases, know-how, trade names, trademarks and/or logos, and other means of identification, etc., are protected by intellectual property legislation and belong to the Right Holder.

3.11. Access and rights of use of the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents, having additional paid functionality, for the selected paid licensing term is considered granted from the moment of full 100% payment by the User of the right to use the «PREMIUM» version.

4. Rights and Obligations of the Parties

4.1. The Right Holder performs the current management and administration of the Mobile Application «Smart Kindergarten», determines its structure, appearance, permits or restricts Users' access to the Mobile Application «Smart Kindergarten».

4.2. The Right Holder has the right to:

4.2.1. at any time change the design and user interface of the Mobile Application «Smart Kindergarten», its content, the content of the functions of the mobile application, change or supplement the scripts, software, and other objects used;
4.2.2. delete the User's Account at its discretion, including in the case of the User performing actions that violate the legislation of the Russian Federation or the provisions of the User Agreement;
4.2.3. restrict or block the connection to the Mobile Application «Smart Kindergarten», or take other measures against any User who has violated the terms of the User Agreement, the norms of Russian legislation, or the rights of third parties protected by law in case of receiving a reasoned complaint from them;
4.2.4. take measures not prohibited by law to protect its own intellectual rights in relation to the Mobile Application «Smart Kindergarten».

4.3. The Right Holder undertakes to:

4.3.1. provide the User with the right to use the Mobile Application «Smart Kindergarten» in the manner and on the terms of the User Agreement. The obligation of the Right Holder to provide the User with the right to use, under the terms of a non-exclusive license, the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents is considered fulfilled from the date of payment of the Remuneration by the User;
4.3.2. ensure proper functioning and technical support of the Mobile Application «Smart Kindergarten» during the entire licensing term;
4.3.3. ensure the confidentiality of the information received from the User.

4.4. The User has the right to:

4.4.1. configure the Account settings;
4.4.2. use the interface and functionality of the Mobile Application «Smart Kindergarten»;
4.4.3. perform other actions related to the use of the Mobile Application «Smart Kindergarten» that are not prohibited by the legislation of the Russian Federation or this User Agreement.

4.5. The User is obliged to:

4.5.1. comply with the terms of this User Agreement without any restrictions;
4.5.2. specify reliable information and personal data when creating an Account;
4.5.3. not otherwise violate the intellectual property rights of the Right Holder in relation to the Mobile Application «Smart Kindergarten» or any of its elements;
4.5.4. independently take appropriate measures to ensure the security of their Account and prevent unauthorized access to it by third parties;
4.5.5. refrain from any actions that may cause losses to the Right Holder or damage the business reputation of the Right Holder, as well as from any other harmful actions.

5. Login to Account and Use of the Mobile Application «Smart Kindergarten»

5.1. Registration of the User Account of the System and/or Mobile Application «Smart Kindergarten» is carried out by the Right Holder.

5.2. Login (authorization) to the Mobile Application «Smart Kindergarten» is performed by the User using the Username and password issued by the Right Holder.

5.3. After downloading (installing) the Mobile Application «Smart Kindergarten», the User, for the purpose of using the Mobile Application «Smart Kindergarten», logs into the Mobile Application «Smart Kindergarten» by authorization, entering the Username (login) and password in the appropriate fields of the Mobile Application «Smart Kindergarten».

5.4. Login to the Account of a Parent or educator/staff member of the preschool educational organization in the Mobile Application «Smart Kindergarten» is performed using the User's login and password.

5.5. In accordance with current legislation, the User consents to the processing of their personal data, including consent to the processing of personal data of the Student.

5.6. Processing of personal data is carried out in accordance with the Privacy Policy posted and available at the Internet address: https://smartsad.pro.

5.7. The use of the limited free version of the Mobile Application «Smart Kindergarten» for Parents and the version of the Mobile Application «Smart Kindergarten» for educators and staff of the educational organization is carried out on a free basis.

5.8. The use of the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents is carried out on a paid basis for the licensing Remuneration paid by the User in accordance with the rules of the payment system of LLC «CLOUDPAYMENTS» (CloudPayments, www.cloudpayments.ru).

5.9. The amount of the license Remuneration for the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents is indicated in the Mobile Application «Smart Kindergarten».

5.10. The User undertakes to pay the licensing Remuneration in cashless form for the right to use the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents.

5.11. The procedure and other terms of payment of the license Remuneration are regulated in accordance with the rules of the payment system of LLC «CLOUDPAYMENTS» (CloudPayments, www.cloudpayments.ru).

5.12. The User pays the license Remuneration for the right to use the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents in cashless form by online payment in the Mobile Application «Smart Kindergarten» with a bank card VISA/MasterCard/MIR through the payment system of LLC «CLOUDPAYMENTS» (CloudPayments). All additional expenses for the transfer of funds for the order are borne by the User.

5.13. Payment obligations are considered fulfilled by the User in case of a positive result of payment authorization in the payment system of LLC «CLOUDPAYMENTS» (CloudPayments). The proof of payment is the information from the payment system of LLC «CLOUDPAYMENTS» (CloudPayments).

5.14. The payment system of LLC «CLOUDPAYMENTS» (CloudPayments) protects and processes the User's bank card data according to the PCI DSS 3.0 security standard. The transfer of information to the payment gateway occurs using SSL encryption technology. Further transmission of information occurs via closed banking networks having the highest level of reliability. LLC «CLOUDPAYMENTS» (CloudPayments) does not transmit the User's bank card data to the Right Holder and/or other third parties. For additional authentication of the bank card holder, the 3D Secure protocol is used.

5.15. The User is entitled to enable monthly recurring auto-payments for the right to use the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents, including in accordance with clause 5.16 of this Agreement.

5.16. When the User enables monthly recurring automatic direct debit payments for the right to use the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents, for each subsequent month of using the «PREMIUM» version of the Mobile Application «Smart Kindergarten», the User's bank card is automatically linked to the User's personal account. The User can unlink the bank card in the settings, or by contacting technical support. Monthly deduction of funds for the right to use the «PREMIUM» version of the Mobile Application «Smart Kindergarten» is performed from the bank card automatically linked by the User, during payment of the license Remuneration.

5.17. Return or reduction of the license Remuneration for the right to use the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents is not provided.

6. Liability

6.1. The Mobile Application «Smart Kindergarten» is provided on an «as is» basis.

6.2. The Right Holder and its contractors do not provide any guarantees regarding error-free and uninterrupted operation of the Mobile Application «Smart Kindergarten», compliance of the Mobile Application «Smart Kindergarten» with specific goals and expectations of the User, nor do they provide any other guarantees not explicitly specified in the User Agreement.

6.3. The Right Holder and its contractors do not bear any responsibility for any direct or indirect consequences of any use or inability to use the Mobile Application «Smart Kindergarten» and/or damage caused to the User and/or third parties as a result of any use or non-use of the Mobile Application «Smart Kindergarten», including due to possible errors or failures in the operation of the Mobile Application «Smart Kindergarten».

6.4. The User fully assumes all risks associated with connecting their computing devices to the Internet, through which access to the Mobile Application «Smart Kindergarten» is carried out.

6.5. The User independently ensures the protection of their computing devices from unauthorized access and virus attacks from the Internet and local computing networks.

6.6. The User is independently liable to third parties for their actions related to the use of the Mobile Application «Smart Kindergarten», including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with legislation when using the Mobile Application «Smart Kindergarten».

6.7. The Right Holder is not liable for lost profit, lost revenue, loss of data, financial and/or other losses, as well as for indirect and/or unforeseen damages, unless otherwise provided by law.

6.8. The corresponding application store App Store or Google Play or Huawei AppGallery bears no liability for technical maintenance and support of the Mobile Application «Smart Kindergarten».

6.9. Apple Inc., which owns the App Store application store, bears no liability for considering any claims of Users or third parties concerning the Mobile Application «Smart Kindergarten» and/or the User's use of the Mobile Application «Smart Kindergarten», including, but not limited to:

6.9.1. claims of liability for the quality of the Mobile Application «Smart Kindergarten»;
6.9.2. any claims that the Mobile Application «Smart Kindergarten» does not comply with any applicable legal or regulatory requirements;
6.9.3. claims arising under consumer protection legislation, privacy, or similar legislation, including in connection with the use of the Mobile Application «Smart Kindergarten».

6.10. The Right Holder does not control the hardware and software systems of the payment system of LLC «CLOUDPAYMENTS» (CloudPayments) and is not liable for errors in such hardware and technical system. If, as a result of such errors, a deduction of the User's funds occurred, but the payment was not authorized by the payment system of LLC «CLOUDPAYMENTS» (CloudPayments), the obligation to return the funds to the User in this case lies with the payment system of LLC «CLOUDPAYMENTS» (CloudPayments), or with the corresponding banking organization that provided the electronic payment instruments for the Cloudpayments system.

7. Final Provisions

7.1. Maintenance and support of the Mobile Application «Smart Kindergarten» are carried out by the Right Holder. Each of the Parties has the right to terminate this User Agreement prematurely by sending a corresponding electronic notification at least 30 calendar days before the estimated date of termination of the User Agreement.

7.2. Termination of this User Agreement by the User is not a ground for return of the license Remuneration for the right to use the «PREMIUM» version of the Mobile Application «Smart Kindergarten» for Parents, by virtue of granting the User the right of use and access to the «PREMIUM» version of the Mobile Application «Smart Kindergarten» immediately for the entire licensing term equal to one calendar month or one calendar year.

7.3. The Right Holder confirms that in the event of a claim by a third party that the Mobile Application «Smart Kindergarten» and/or the User's use of the Mobile Application «Smart Kindergarten» violates the intellectual property rights of the third party, the Right Holder undertakes to settle any claims of violation of intellectual property rights independently and at its own expense.

7.4. The User and the Right Holder confirm the validity of the third-party beneficiary clause of this Agreement. In case of violation of the terms of the User Agreement, the operator of the corresponding application store may demand the compulsory execution of obligations under the User Agreement.

7.5. All disputes and disagreements arising in connection with the execution of this Agreement shall be resolved by the Parties through negotiations.

7.6. In case of failure to reach agreement between the Parties, all disputes shall be considered in court in accordance with the legislation of the Russian Federation at the location of the Right Holder.

7.7. The Right Holder is entitled to unilaterally change the terms of the User Agreement, including the amount of the license Remuneration. These changes in the terms of the User Agreement come into force from the date of their publication, unless otherwise specified in the corresponding publication.

7.8. Regular familiarization with the current version of the User Agreement is the responsibility of the User. The User independently monitors changes and, in case of disagreement, ceases using the Mobile Application «Smart Kindergarten», which means termination of the User Agreement by the User. Continuation of use of the Mobile Application «Smart Kindergarten» means the User's consent to the change in the terms of the User Agreement.

7.9. The effect of the User Agreement extends to all subsequent updates/new versions of the Mobile Application «Smart Kindergarten». Installation of an update/new version of the Mobile Application «Smart Kindergarten» and use of the new version of the Mobile Application «Smart Kindergarten» means acceptance by the User of the terms of this User Agreement for the corresponding updates/new versions of the Mobile Application «Smart Kindergarten», unless otherwise specified by the Right Holder.

7.10. If any part of the User Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in force.

7.11. The User confirms that all terms of this User Agreement are clear to them, and they accept them unconditionally and in full.

7.12. Applications, suggestions, and claims of Users regarding the operation of the Mobile Application «Smart Kindergarten» can be sent to the following email address: info@smartschool.pro or voiced to the Right Holder by phone: + 7 (495) 762-72-02.

7.13. By sending letters to this email address, the User confirms their consent to the use by LLC «Educational Technologies» of the email address from which the letter was sent to receive a response from LLC «Educational Technologies» to the User's request.

7.14. The User Agreement comes into force from the moment of its acceptance by the User.

7.15. The User Agreement is governed by the laws of the Russian Federation.

8. 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: 770301001
Phone: + 7 (495) 762-72-02
E-mail: info@smartschool.pro