Using the service, which is a Mobile Application «IQsha» (hereinafter — Application), available in Mobile Apps Store «App Store» and «Google Play», the User absolutely agrees to the User Agreement (hereinafter — the Agreement) that regulates the rules of the Application usage. The Application is intended for self-organization of the Application Users of additional education of minors. The Agreement defines the procedure for the providing license and also the mutual rights, responsibilities and relationships between a company "MEDIARTIS LTD” (Cyprus, 10433075P), hereinafter referred to as "Contractor", represented by Director Dynyak Olga, acting pursuant to the Company Charter and service User – legally capable to act adult individual or a representative of a legal person, hereinafter referred to as “User”, who accepts the Agreement.
1.1. Content – a set of text, graphics, audio and video works (including audiovisual works) required for proper operation of the Application owned by the Contractor and / or used by it legally.
1.2. Mobile Device – a smartphone, a tablet, and etc., belonging to a User and allowing to download the Application to a Mobile Device through the Store and provide with the full functioning of the Application. A Mobile Device of a User should comply with the minimum system requirements: support of the last versions Browsers «Google Chrome», «Mozilla Firefox», «Opera», «Safari», «Internet Explorer» and the following technologies – «cookie», «javascript», «html5 video» and «html5 audio». The User is liable for compliance with the requirements mentioned above.
1.3. Task – a piece of content having developmental value, modeled in the form of information or a test block, which contains multimedia (graphics, text, video) elements and intends the User/Visitor to perform certain actions in the Application.
1.4. Quiz/PracticeTest – a set of tasks, grouped by one or another principle.
1.5. Statistics – an information service of the Application, reflecting the statistical information on certain options of the Tasks, Quizzes, Practice Tests by Visitors or Users.
1.6. User – an adult person downloaded the Application, who gets an Account (hereinafter – Account) on the Application or authorized by giving his email address and nickname in a specified form on the Site. The User registration is carried out by downloading the Application to Mobile Device via his account in the Store and entering an email address and creating a password.
1.7. Unlimited Account – the Account for Users that have paid for the full access to the Application for a certain period.
1.8. Forever access — is an access to an Unlimited Account provided to the User on the terms defined in the Agreement and its integral parts, provided for the entire period of the Site operation. Technically, "Forever" access will be granted to the User for 20 (twenty) years, after that the User has the right to extend it by sending a corresponding notification to the Contractor, provided that the Site does not cease to exist for objective reasons beyond the control of the Contractor.
1.9. Application Services – specific set of functions of the Application, provided by its software. Services available to Users, Visitors, Partners and Users with Unlimited Account differ. The maximum number of services is available to Users with Unlimited Accounts.
1.10. Site – the website of the Contractor that is available on the Internet under url - https://iqsha.com
2.1. The Agreement is a license agreement concluded in a simplified manner (an accession agreement) containing the terms of a public offer, which can only be accepted by the User in its entirety without any reservations.
2.2. The current version of the Agreement is always available on the interface of the Application at the moment of registration or authorization at the following address https://iqsha.com/api/page/policies/agreement/
2.3. Download and Installation of the Application via the Store means acceptance of the Agreement and unreserved acceptance of all its provisions, and Applications, and Users understand the essence and content of the Agreement, including those obligations assigned to it in accordance with the Agreement.
2.4. In case of disagreement with the Agreement, the User shall immediately cease the use of the Application at all Mobile devices, at all Internet browsers with deleting it from the memory of their devices.
2.5. The Contractor has the right to change the terms of the Agreement unilaterally by publishing a new edition of the Agreement on the Site page. By continuing to use the Application after the publication of the new edition of the Agreement, the User agrees with the changes made to the Agreement, and the User independently undertakes to learn the new version of the Agreement.
2.6. Due to the fact that the Application functions through the User's application software, the location of the User's device on which the corresponding application software is installed is recognized as the place of granting the license to use the Application.
2.7. The Contractor is not directly involved in the educational process of minors while using the Application by the Application User, he does not engage educational institutions and organizations, teachers, does not rely upon the standards and methods developed by the public authorities.
2.8. The User — the legal representative of the minor - shall be liable for the use of the Application by a minor. The User must exclusively control the use (according to the operating instructions) of the device which is necessary to access the Application, the time, the manner, the way of using of the Application, monitor all actions of a minor on the Application and act in the interests of the minor to ensure his physical, moral, mental well-being; he shall stop the teaching at the right time to avoid, overwork and take any other necessary, but not described in this Agreement actions for using of the Application exclusively for the benefit of the minor.
2.9. The User understands and absolutely agrees that he uses the services under the Agreement entirely at his own risk and that the services provided to the User on an "as is" and "as available" basis, that is the Contractor does not pretend or warrant that:
- the Application will meet the User's requirements;
- the Application will be uninterrupted, timely, secure and error free;
- any information obtained by the User as a result of the Application use will be accurate and reliable;
- defects in the operation or functionality of any software as part of the Site will be corrected within specified by the User time limits.
2.10. Communication with the Contractor on the operation of the Application, as well as on any other matters relating to the fulfillment of the obligations under the Agreement, is carried out by e-mail [email protected].
3.1. The Contractor grants the User a simple, non-exclusive license to use the Application within the limits specified in the Agreement and in accordance with the tariff plans, located In the Application (hereinafter - License).
3.2. The User undertakes to pay the license fee in a timely manner in accordance with the tariff plans.
3.3. The Contractor may engage third parties to perform obligations under the Agreement, while remaining responsible for their actions to the User.
4.1. To have User’s status and access to services, the Visitor must create an Account (sign up). To create a User Account, the User is obliged to enter his login, to choose the access password to the Application. The login and the password specified once will be saved on a User's mobile device.
4.2. The Completion of the Tasks in Quizzes and Practice Tests, receiving Awards and Statistics in the Application will be synchronized with the Internet version (Site) "IQsha", but if there is an Internet connection on the User's device. In the absence of the Internet connection on a Mobile device and due to delayed synchronization, the data specified in this paragraph may differ from the data available on the server at the same time.
4.3. The Application does not include all the Quizzes and Tasks of the Internet version (Site) "IQsha", due to the technical feature of Mobile devices. The appearance of Tasks and the organization of the process of performing Tasks in the Application, the appearance, design, animation, awards and other elements in the Application also differ from the Internet version (Site) "IQsha" due to the features of Mobile devices.
4.4. In the Application, unlike the online version (Site) "IQsha", printable hometask, worksheets and coloring pages are not available. There may be other differences not listed in this Agreement.
4.5. If the User enters an invalid e-mail address (non-existent as well as email with errors) or does not confirm the email by clicking a special link sent to the email, the User will not be able to use the service of password recovery, receive printable hometask by e-mail for paid Accounts and notifications about current promotions and discounts etc. Also the Contractor does not bear responsibility for non-delivery of Electronic Receipt of purchase and the Gift Certificate.
4.6. Reviewing Statistics, reading of the Agreement, as well as contacting the Technical Support in the Application and access to some other services and pages of the Site can be available via a Built-in-Browser that requires an Internet connection with the mobile device.
4.7. In order to change the Language in the Application the user needs to change the Operating System Language of the Mobile device.
4.8. The User with an Unlimited Account in the Application gets an unlimited access to use the online internet-version "IQsha", available at: https://iqsha.com (hereinafter, the Site). The same applies to the Users with the Unlimited account on the Site in relation to the Application. The use of the Internet version "IQsha" services is only possible if the User accepts the User Agreement and all its integral parts located on the Internet at https://iqsha.com/policies/agreement. If the User does not agree with the provisions of the Internet version of "IQsha" specified in this paragraph of the Agreement, he has to stop using the Internet version of "IQsha" immediately. Users of the Application not purchased the services of the Application or the Site have no access to a limited number of Tasks/Quizzes and Practice Tests. A limited number of the Tasks is defined by the Contractor independently, available to all the Users free of charge. The number of free Tasks may be changed by the Contractor at his own discretion.
4.9. The Application also provides with the Tasks available without being connected to the Internet. The Tasks to be downloaded either automatically (for a Practice Test) or manually by the Users (for Quizzes). Depending on the total size of the Application and memory of the Mobile device, the number of Quizzes to be load is limited (from 10 (ten) to 15 (fifteen)).
4.10. The Site has also the possibility of buying Unlimited Account as a gift to a third party, including without creating an Account or authorization, while the third party will be able to use the Site only after the adoption of the Agreement, and the Contractor shall have no (including financial) liability in the case of refusal of a third party who has received a gift to use the Site. If the person receiving the gift refuses to adopt the Agreement and / or use the Site, the payment is non-refundable.
4.11. The Contractor collects, organizes and stores Users' personal data in strict accordance with ‘Data Usage Policy’, which is an integral part of the Agreement. Any data of the Application Users is stored in the Mobile Device memory or Store.
4.12. In case of technical problems on the User equipment while using the Application, the User shall inform the Contractor about them by e-mail [email protected] message should contain a detailed description of the problem, User`s screenshots showing the problem, the data about the operating system, hardware and software versions (including the type and version of the Internet browser), through which the User gains access to the Application. Contractor within 10 working days considers the User`s message and sends recommendations on problem recovery by e-mail. If the User does not follow these recommendations, the Contractor is not responsible for the correct functioning of the Application.
4.13. In some cases, solving a technical problem may take a longer time. In such cases, the Contractor sends the Customer a corresponding notification within thirty days and suspends the validity of the License for the period of elimination of the problem. After solving the problem, the term of the Services is extended for the period, which was needed to remove this problem, and the Contractor shall not refund the customer for the paid service period.
5.1. After choosing the tariff plan, the User pays for the Contractor's Services via the services of the Store ("App Store" or "Google Play", depending on the operating system of the User's Mobile device).
5.2. The cost of li of Internet-version "IQsha" and Application may be different in connection with the commission fee of the Store and cost of the Contractor. The detailed information about the cost of Services depending on the device used can always be found in the Application interface or on the page of the Internet version "IQsha»: https://iqsha.com/membership/.
5.3. The User also has the right to pay for each profile of a child separately by choosing a period at his own discretion, as well as using coupons or promo codes.
5.4. The Contractor never asks the Users and does not store their data of bank cards / accounts and other financial information. All such information is processed directly by the Contractor's partners, who have relevant agreements and licenses with him to carry out payment transactions.
5.5. The User receives a 7-day period of the Unlimited Account (hereinafter - Gift), if he is registered on the link sent by a previously registered User. The Gift in the form of a 30-day period of the Unlimited Account is also received by a registered member if three new Users invited by him to the Site receive his gift. Thus, the User can make the gift to his friends by sending in any accessible way link-invitation to the Site that is generated in the User`s Account (the "My invitations"). Currently, registrations by link on the invitations are not counted when they register in the Application.
5.6. The Contractor reserves the right to provide discounts for the purchase of an Unlimited Account and Gifts in the form of free membership selectively to individual Users within the framework of marketing activities without changing the cost of an Unlimited Account for all other Users and without displaying this reduced cost on the payment page. In particular, the Contractor may provide an Unlimited Account to minors with limited health opportunities. To do this, you need to contact the Contractor by e-mail at: [email protected] , with an appropriate statement. The Contractor has the right to request from the parent and/or legal representative who applied for an Unlimited Account for a minor with limited health opportunities, any document confirming the health status of the minor. Such a document is transmitted "depersonalized", without specifying any personal data, and after the Contractor makes a decision to provide an Unlimited Account, it is deleted from all the data stores of the Contractor and is not processed in any way and is not transmitted anywhere. If the Contractor discovers abuse and/or attempts to mislead the Contractor in order to obtain an Unlimited Account in accordance with this paragraph, the Contractor has the right to block the violator's Account at any time without explanation and without additional notification. Thus, the provision by the Contractor of an Unlimited Account for minors with limited health opportunities is not guaranteed. The Contractor has the right to refuse this benefit at any time and without explanation, and the User has no right to make claims to the Contractor upon his refusal.
5.7. The Contractor reserves the right to change the cost of the License at its discretion, at any time, without explanation, while all accesses to the Application already paid for by Users are reserved for the User without changes.
5.8. In case of re-payment of unlimited access before the end of the already paid-term validity of Unlimited access is extended by the addition of the period paid earlier and the period for which a new User pays.
6.1. Coupon (promo code) received on shares in the relevant Internet services (coupons), is activated by the User in his Account on the Site of the Contractor. Activation of the coupons (promocodes) in the Application currently is not provided.
6.2. If the User has added one minor to his Account, but the coupon is activated for another number of people, the coupon will not be activated, and the interface of the Application will display the message "The coupon cannot be activated." In this case, the User should contact the Contractor via the feedback form in the "Contacts" or by e-mail [email protected] to resolve this situation.
7.1. To delete the User's Account, information and all personal data of the User, the User should go to the personal account on the "Profiles" tab, log in to the Parent's profile and click on the link "Delete my account permanently". Then you need to confirm the deletion by clicking on the link in the email sent to the User's email. After delete confirmation, all User account data will be deleted, including awards, reports, class history, transaction history without the possibility of its recovery.
7.2. To remove the Application, the User shall use functions of his Mobile Device or the Store services.
7.3. If the User does not use the Application during the paid period, including as a result of deleting the Application or deleting the User's Account, no refund is made. Remuneration under the Agreement is paid for granting the right to use the Application, while the fact of its non-use is not a reason for exemption from remuneration.
8.1. The User’s Account created in the internet-version «IQsha», is synchronized with the Account in the Application and vice versa, if the User's Mobile device is connected to the Internet. Access to the Content and Services of the Application is carried out after User authorization (by entering the username and password of the User specified when creating the Account) and acceptance of this Agreement by the User.
8.2. The User shall inform the Contractor about unauthorized access to the Application using the User’s name and password immediately through a feedback form or e-mail listed on the Site.
8.3. The User is absolutely responsible for the security of his password, the safety of his data, and passing the login and password to third parties. Contractor never asks Users to report Account password, name, credit card number, current Account and other personal information.
9.1. Any User's actions using the login and password to the Account or personal email address (e-signature key) specified on the internet-version (Site) of IQsha confirms the formation of a basic digital signature directly by the User.
9.2. E-documents signed by a basic digital signature are recognized as equivalent to paper documents, signed by a handwritten signature.
9.3. The User is obliged to respect the confidentiality of his digital signature (not to transmit his Username and password, or to provide access to his e-mail to third parties), and is fully responsible for its safety and individual use, choosing independently method of their storage and access limit to them.
9.4. In the event of unauthorized access to the login and password for the Account and / or e-mail, their loss or disclosure to third parties, the User shall immediately inform the Contractor by sending an e-mail from the e-mail address specified in his Account.
10.1. All objects of the Application, including design elements, text, graphics, illustrations, videos, computer programs, databases, music, sounds and other objects are objects of exclusive rights belonging to the Contractor.
10.2. Any objects of intellectual property, as well as any Content, may not be used without prior written permission. By using all User`s actions, regardless of whether the relevant actions are done for profit or without such purpose.
10.3. The User is granted a non-exclusive and non-transferable right to use the software of the Site, to the extent that neither the User nor any other person, with User`s help will copy or modify the software;
create a derivative work of the software; enter into the software to obtain a program code; sell, assign, lease, transfer to third parties in any other form of rights to the software provided to the User under the Agreement, as well as to modify the services, including the purpose of obtaining unauthorized access to them.
10.4. The tariff plans specified on the Site and Application determine the term of the License, the amount of the license fee, as well as the limits of the functionality provided to the User in accordance with the paid period of the License. The paid License period applies to both the Site and the Application.
10.5. In case of law violation of the rights on intellectual property on the Site the relevant right holder shall send to the Contractor appropriate letter of claim by e-mail at [email protected]. If the letter is written by an authorized person, a copy of the document (in writing or electronically), confirming his powers is applied.
10.6. If the Contractor has evidence confirming the legality of the placement in the Application of the information containing the object of copyright and (or) related rights, the Contractor has the right not to take measures to remove such information at the request of the user, and sends the applicant a notice with the application of the evidence.
11.1. User understands and agrees that all the services of the Application are provided "as is" and that the Contractor shall not be liable for any delays, failures, incorrect or out-of-sequence delivery, deletion or failure to store any User personal and other information.
11.2. User agrees that the Application complies with the requirements of the User at the time of adoption of the Agreement, and will meet them later, the results which can be obtained from the use of the Application will be accurate and reliable and can be used for any purpose or in any function (e.g. to establish and / or confirm any facts).
11.3. Service Application may contain links to other Internet resources (for example, social network pages of the Contractor). User hereby agrees that the Contractor is not liable for the availability of these resources and for the information posted on them, as well as for any effects arising from the use of these resources.
11.4. Under no circumstances Contractor or its agents shall not be liable to the User or to any third party for any indirect, incidental, unintentional damage, including lost profits or lost data, damage to honor, dignity or business reputation, caused due to the use of the Application, the content or other materials to which the User or other persons have gained access through the Application, even if the Contractor warned or pointed to the possibility of such damages.
11.5. By organizing educational process with a minor person (people) through the Application, the User agrees that the Contractor is not responsible for the User`s expectations towards the result of this process.
11.6. The User is fully responsible for all their actions and those of minors on the Site, and for the results of these actions, including, but not limiting consequences for their lives and health, as well as the life and health of minors.
11.7. The User is responsible for the physical and psychological state of the minor that is engaged through the Application.
11.8. The whole content in the Application is designed for children of all ages, Contractor monitors the quality of illustration, text and audio materials, published on the Application, but is not responsible for the use of these materials by the legal representatives of the child, as well as the consequences for the child's development resulting from the way and character of the use of the Content and Application services, Users` or Visitors` comments about the content and services of the Application.
11.9. The Contractor shall not be liable for the level of preparation of minors to school and mastering materials when using the Application.
11.10. The Contractor shall not be liable for errors of the content or true answers to Quizzes made in the Application. If the User discovers an error in the Quiz, he can report it using the link "Report an error in the task" in the text window. For the most rapid correction of this error, the User must specify its essence by entering the text in the description window. For example, " Correct answer is 8 but actually-9." After receiving the information letter about the error Contractor will make corrections on the Application no later than in 30 calendar days.
11.11. All disagreements and disputes that may arise between the parties under the Agreement shall be settled during pre-trial procedure through negotiations, sending claim letters. Time to respond to the claim is 10 (ten) working days. Complaints of User/ Partner under the Agreement shall be adopted and reviewed by the Contractor only in writing.
11.12. The acceptance of the User Agreement by a foreign User and / or a Partner means that the text of the buy-back Offer is clear to the authorized person, and he does not need translation. If the translation is necessary, foreign contractors undertake to translate the Agreement into their home language at their own expense.
The integral parts of the Agreement are:
1) «Data Usage Policy» .
2) «Cookies Usage Policy».
DETAILS OF THE CONTRACTOR:
"Mediartis LTD"
Tax number 10433075P
Nikou Giorgiu 8-303, Nicosia, 1095, Cyprus