The agreement is an offer. Registration on this site and any of its subdomains/subsections, installing, launching or otherwise starting to use the Program means the proper conclusion of this Agreement - acceptance of the offer and your full and unconditional agreement with all its terms. If you do not agree to unconditionally accept the terms of this Agreement, you may not use the Program.
LICENSE AGREEMENT - OFFER
This License Agreement applies to the ForClasses/Moy Klass Computer Software and related services.
1. BASIC TERMS
1.1. The Licensor (owner of ForClasses/Moy Klass), who has the exclusive right to the ForClasses/Moy Klass Program, as well as it's website and any of its subdomains/subsections.
1.2. Licensee - any individual or legal entity that has entered into this License Agreement with the Licensor.
1.3. Program - a computer program ForClasses/Moy Klass (both as a whole and its components), designed to record clients, their visits, classes, events and other data of creative, sports, music and other types of schools, training centers and other types of organizations , tutors, teachers, trainers and other types of persons. Access to the Program is carried out via the Internet (including, but not limited to) on the websites of ForClasses/Moy Klass.
1.4. Using the Program means launching the Program and/or using its functionality.
1.5. Authorized user - a user registered (created) by the Licensee in the Program in his Account. An authorized user is considered to be acting on behalf of the Licensee and in his interests. Any actions of the Authorized User are considered the actions of the Licensee.
1.6. Account - an information resource that is a collection of data from one copy of the Program or its parts with a unique identifier, with the help of which program objects are grouped for their joint display and use by the Licensee.
1.7. Account Owner - the first person who performed the Registration, or another Authorized User of the Program created after the Registration and to whom the first person transferred/assigned his rights of the Account Owner.
1.8. Technical support - measures carried out by the Licensor within the limits and volumes established by him to ensure the functioning of the Program, including information and consulting support for Licensees on the use of the Program.
1.9. Registration is an action of the Licensee or Licensor aimed at creating an Account for the Licensee.
1.10. Account - a record in the Licensor's system (login-password pair or a special api-key) that stores data that allows you to identify and authorize the Licensee and the authorized user.
1.11. License type - a tariff plan chosen by the Licensee according to the Licensor's price list published on the Internet at the websites of ForClasses/Moy Klass.
1.12. Related services - services for setting up the Program, consulting on it and other similar services.
2. SUBJECT OF THE AGREEMENT
2.1. The Licensor grants the Licensee the right to use (a simple non-exclusive license) the Program within its functionality by reproducing the Program and providing access to the Program via the Internet exclusively for the Licensee's independent use without the right to sublicense to third parties, and also provides the Licensee with Related Services, and the Licensee pays for the use of the Program and services of the Licensor in accordance with this Agreement.
2.2. This Agreement is concluded prior to or immediately at the time of the start of using the Program and is valid throughout the entire period of its legal use by the Licensee, subject to the Licensee's proper compliance with the terms of this Agreement.
2.3. The operation algorithms of the Program and its source codes (including parts thereof) are a commercial secret of the Licensor. Any use of them or use of the Program in violation of the terms of this Agreement is considered a violation of the rights of the Licensor and is a sufficient reason to deprive the Licensee of the rights granted under this Agreement.
2.4. This Agreement does not grant the Licensee any rights to use the trademarks of the Licensor and/or its partners.
3. HOW TO USE THE PROGRAM
3.1. Registration.
3.1.1. In order to use the Program, the Licensee must complete the Registration procedure, as a result of which an Account and a unique Account will be created for the Licensee to access it. Registration is carried out by the Licensee on the website of ForClasses/Moy Klass independently or by the Licensor on the basis of an application submitted to the Licensor by the Licensee in any way (by e-mail, orally, etc.). The Account data in this case is sent in the manner specified by the Licensee.
3.1.2. The Licensee has the right to independently add employees in his Account - Authorized Users. To add Authorized Users, the Licensee shall independently create Accounts for them using the Program and give them access to the Account. The number of Authorized Users within one Account is determined based on the type of license.
3.1.3. When registering itself and its Authorized Users, as well as further using the Program, the Licensee undertakes to provide accurate and complete information about itself and its Authorized Users and keep this information up to date. If the Licensee provides incorrect information or the Licensor has reason to believe that the information provided by him is incomplete or inaccurate, the Licensor has the right to block the Licensee's Account or individual Accounts and prohibit the use of the Program.
3.1.4. When registering, the Licensee or Authorized User chooses their own login, which is their email address. The Account Password is automatically generated by the Program during registration or assigned by the Licensee or its Authorized Users with the appropriate rights. The Licensor has the right to prohibit the use of certain logins, as well as set requirements for the login and password (length, allowed characters, etc.).
3.1.5. The Licensee has the right to change the Owner of the account, as well as assign its right to own the account to another person. The change of the Account Owner, as well as the assignment (transfer) of rights and obligations to another Licensee within one Account is carried out only subject to the full and unconditional consent of the new Account Owner and the new Licensee with all the terms and conditions of this Agreement and the Agreement.
3.2. Account Data.
3.2.1. The Licensee and Authorized Users are solely responsible for the security (resistance to guessing) of the password chosen by them, and also independently ensure the confidentiality of their Account. If a password is created and provided to the Licensee by the Licensor, the Licensee undertakes to immediately change it in the Program. In any case, regardless of whether the Licensee changed the password or not, the responsibility for the security of access under his login and password, as well as for its safety lies with the Licensee from the moment this password is transferred to the Licensee by the Licensor. The Licensee is solely responsible for all actions / inactions (as well as their consequences) within or using the Program under his Account, including cases of voluntary transfer or non-observance of confidentiality of data for access to his account to third parties under any conditions (including under contracts or agreements). In this case, all actions within or using the Program under the account of the Licensee are considered to be performed by him. The licensor is released from liability in such cases.
3.2.2. The Licensee is obliged to immediately notify the Licensor of any case of unauthorized access to the Program using its Account and / or any violation (suspicions of violation) of the confidentiality of its password. For security purposes, the Licensee is obliged to independently carry out a secure shutdown under his account (the "Exit" button) at the end of each session of working with the Program, as well as regularly change the password. The Licensor is not responsible for the possible loss of data, as well as other consequences of any nature that may occur due to the violation by the Licensee of the provisions of this part of the Agreement.
3.3. Deletion of Account and Account.
The Licensor has the right to block and delete the Account and the Account of the Licensee and its Authorized Users, including all content, without explanation in cases of:
- non-use of the Account for 90 (ninety) days in a row. Non-use means the absence of authorizations in the Account under any Account of the Licensee and/or any of its Authorized Users.
- provided that the current state of the Account requires the acquisition of a paid license, and such a license is not acquired for 90 (ninety) days in a row,
- significant violations of this Agreement,
- other cases specified in this Agreement.
After deleting an account, it is impossible to restore Accounts, as well as any information in the Account.
4. TYPES OF LICENSE AND PAYMENT PROCEDURE
4.1. The Licensee has the right to independently choose the appropriate type of licenses, the list of which is available on the Internet on the websites of ForClasses/Moy Klass and in user's Account.
4.2. The Licensee has the right to use the Program without payment of remuneration under an evaluation license ("trial" or "trial" version) for a limited period of time, determined by the current terms, as well as under a free license without a time limit, if such a license is provided for by the Licensor's tariffs.
4.3. The Licensee acquires a license by paying with bank cards or by bank transfer on the basis of an account created by the Licensor (in the case of a cashless payment). The invoice may be created and displayed to the Licensee both in the Program itself and sent by the Licensor by e-mail. Use of the Program without a "trial" or free license is carried out on the basis of an advance payment - the Licensee is obliged to pay for it before further use of the Program. In the absence of payment in this case, the Licensor has the right not to provide access to the Program to the Licensee in whole or in part.
4.4. The licensee has the right to change the type of license according to the parameters: the number of study groups, clients, employees, branches and others, except for the validity period of the license, during the entire period of its validity in the direction of increasing the tariff. Switching to a license with identical active parameters, except for the term, is possible only after the expiration of the current license.
4.5. Beginning of the license validity period:
- immediately after the creation of the Account - the day the Account was created (Registration Day),
- after the acquisition of the license - from the moment of its acquisition, if the Licensee does not have active paid licenses, and from the day following the day the current paid license expires, if the Licensee has it.
4.6. If the license expires and the Licensee does not acquire a new license from the list specified in this section of this Agreement, the Licensor has the right to restrict the further use of the Program by the Licensee, in whole or in part, incl. block the Licensee's access to his Account until the Licensee pays for and acquires a new license, if the current state of the Account does not meet the parameters of a free license, provided that such a type of license exists in the Licensor's tariffs.
4.7. The licensor has the right to unilaterally change the tariffs for licenses by posting a new list of them on the Internet on the websites of ForClasses/Moy Klass. New tariffs come into effect immediately from the date of publication. For already purchased and valid licenses, the terms may take effect 7 (seven) days after they are changed. Price includes VAT.
4.8. The provision of the Related Paid Services is carried out on a prepaid basis. The cost of the service, its volume, terms of performance are determined by the Licensor for the Licensee individually. At the same time, such services can be standardized, and their cost can be posted on the Licensor's website.
4.9. Purchasing a license is not a prepayment for the number of days/months. The amount paid for the license shall not be refunded to the Licensee in whole or in part in case of early termination of the use of the Program by the Licensee, both at his own decision, and in case of violation of the provisions of this Agreement by him.
4.10. When paying by bank transfer (to a current account), the Licensee independently generates an invoice in the Account, which he can download if necessary. Payment by the Licensor with this method of payment to the Licensee's account is carried out within two business days after the receipt of funds to the Licensor's settlement account. Provision of an act of completed work is possible only if paid by invoice. The act of completed work itself becomes available for download in the Licensee's Account immediately after the payment is made by the Licensor to the Licensee's Account. In the absence of reasonable objections from the Licensee within 5 (five) business days from this moment, the act is considered signed by the Licensee, and the services are rendered by the Licensor properly, in full and on time.
4.11. Payment by bank transfer (to a current account) available on request for a specific users.
4.12. Payment for the license can be made by Visa, Mastercard, MIR payment card. After successful payment, an electronic receipt is sent to the Licensee, which contains all the necessary data on the operation performed. When paying with a bank card, the Licensee is redirected to the bank's payment gateway. The connection with the payment gateway and the transfer of information is carried out in a secure mode using the SSL encryption protocol. Payment card data is protected in accordance with PCI DSS security standards. If the issuing bank of the Licensee supports the technology of secure online payments Verified By Visa, MasterCard SecureCode, MIR Accept, J-Secure, a special password may be required to make a payment.
Payments by bank cards are carried out in accordance with the requirements of the payment systems MIR, Visa Int., MasterCard Europe Sprl, JCB.
5. TECHNICAL SUPPORT
5.1. The Licensor provides Technical support to the Licensee, including on issues related to the functionality of the Program.
5.2. Requests for Technical Support are accepted by the Licensor at the email address provided on the websites of ForClasses/Moy Klass.
5.3. In order to provide Technical Support, the Licensor has the right to require the Licensee to provide information regarding his Account, his Account data, his customers, employees (Authorized Users), equipment specifications and other information necessary for the provision of Technical Support.
5.4. If errors are found while using the Program, the Licensor will take steps to correct them within a reasonable time. The Parties agree that the exact determination of the period for fixing the error cannot be established, since the error may affect different blocks of the Program code, and also because the Program closely interacts with other third-party computer programs and the time for fixing problems does not fully depend only on the Licensor . If errors occur due to reasons beyond the Licensor's responsibility, as well as in cases where the Program is used using non-standard technical means, the Parties acknowledge that the error may not be eliminated at all.
6. RIGHTS OF THE PARTIES AND LIMITATIONS OF USE
6.1. The Licensee has the right, within the framework of this License and in accordance with the selected type of License, to place in the Account the data belonging to him, if this does not violate this Agreement and the Legislation.
6.2. The Licensee guarantees that he has received consent to the processing of personal data of persons whose data he places in his Account. At the same time, the Licensor is not the operator of the processing of personal data of customers and employees of the Licensee, but only provides computing resources.
6.3. The Licensee and Authorized Users may not take actions that may result in:
a) disruption of the Licensor's equipment and network;
b) disruption of the Program or restriction of the ability of other users to use the Program;
c) unauthorized access to the Program, as well as to the information and computing and network resources of the Licensor;
d) causing or threatening to cause damage to third parties, including by posting information and links to network resources, the content of which is contrary to the current legislation.
6.4. The Licensee is not given the opportunity and the right to modify the Program.
6.5. The Licensee independently ensures the availability of equipment that meets the technical requirements for using the Program and accessing the Internet.
6.6. The Licensee may not use the Program in any other way than as specified in this Agreement, as well as copy, sell and resell it or access to it, except as described in this Agreement.
6.7. The Licensor is not responsible and cannot be responsible for the operability of communication channels between the Licensee's equipment and the equipment on which the Program and/or any parts thereof are located, as well as for the Licensee's equipment itself, through which he gets access to the Program.
6.8. The Licensor undertakes not to transfer the Licensee's data to third parties, except for the requirements provided for by law and fulfilled in accordance with it, and is liable in accordance with the legislation for the non-transfer of such data. The Licensor also undertakes to take all necessary measures, depending on it, to protect the data of the Licensee from unauthorized access or disclosure.
6.9. The Program is provided "as is" and the Licensor does not warrant that all of its functionality will meet the expectations of the Licensee and be applicable for its specific purposes. The Licensor also has the right to establish technical and other restrictions within the Program in order to, including, but not limited to, reduce the load on the Program and its normal functioning for all users, maintain design and ease of use at its discretion, due to the current development of the Program, as well as other reasons. Licensee agrees to accept such restrictions without additional conditions.
6.10. The use of the Program must be carried out by the Licensee only for lawful purposes and by lawful means, taking into account the legislation, incl. in case of using Applications (third-party services connected to the Program).
6.11. The Licensor does not initiate and does not control the placement by the Licensee of any information in the process of using the Program, does not affect its content and integrity, and also does not know and cannot know at the time of placement of this information whether it violates the rights and interests of third parties protected by law, international treaties and current legislation. The Licensor also cannot limit, monitor, control information that is transferred from the Program to third-party Applications of third-party developers connected to the Program, cannot control the fulfillment by the Licensee of the requirements of these Applications and their developers, and cannot bear any responsibility for this. For this reason, the Licensor does not and cannot be held responsible for the information posted by the Licensee in the Program to third parties, government agencies and others. The Licensee bears all responsibility to its customers and third parties independently and undertakes to settle at its own expense all claims and indemnify all losses that the Licensor may incur in connection with the information posted by the Licensee.
6.12. The Licensor shall not be liable to the Licensee for any damages, any loss of income, profits, information or savings associated with the use or inability to use the Program, including in the event of prior notice from the Licensee of the possibility of such damage, or for any claim by a third party .
6.13. In the event that the Licensee performs actions prohibited by the provisions of this Agreement, the Licensor has the right, without explanation of the reasons and any notice to the Licensee, to take measures to identify and prevent these violations, including the right to block or delete the relevant Account and data without warning.
6.14. The Licensee is prohibited from using the Program to carry out mass mailings of commercial, advertising and other electronic messages that are not agreed (not requested) by the recipient of information by e-mail or to teleconference groups ("spam"). The Licensee undertakes to comply with the laws when sending messages using Applications (third-party services connected to the Program). The Licensee bears all responsibility to its clients independently and undertakes to reimburse the Licensor for all expenses, fines that the Licensor incurs in the event of any claims from third parties.
6.15. The Licensor does not provide the Licensee with communication services, does not organize for him the possibility of access to information systems of information and telecommunication networks, including the Internet, and does not carry out activities for the reception, processing, storage, transmission, delivery of telecommunication messages, mailings, etc.
6.16. When sending an application for Registration in the system, as well as in the case of self-Registration, the Licensee agrees, without additional reservations, to receive messages from the Licensor by e-mail and sms about special offers, system features, updates, improvements, changes regarding both system functions and prices or the procedure for the provision of services. The Licensee agrees to receive such communications, even if, after submitting the application or self-registration, he does not use the system. The Licensee may opt out of receiving such communications by clicking on a special link in the letters or by indicating his unwillingness to receive them in another way - for example, by e-mail info@moyklass.com.
The Licensee also agrees to receive technical notifications from the Licensor by e-mail or in the form of sms about the creation of an Account, about the expiration of the tariff, about not visiting the Account, about preventive and repair work and other events related to the direct operation of the Program in general or specifically his account. Such messages may be sent by the Licensor during the entire term of the Account until it is blocked or deleted.
6.17. The Licensor has the right to change the functionality of the Program in any part of it at any time. On significant changes to the Program, the Licensor posts information on the Internet in the "News" section, a link to which is posted on the website of ForClasses/Moy Klass, and may also notify the Licensee by e-mail specified at the time of registration of the Licensee. The list of updates to the Program is published by the Licensor in the "Updates and Plans" section, a link to which is also posted on the website of ForClasses/Moy Klass.
The Licensee is obliged to independently regularly get acquainted with the news and a detailed list of updates of the Licensor posted on the Internet at the addresses specified in this paragraph, and promptly perform actions if required by the Licensor.
6.18. The Licensor is not in any way responsible for the performance of third-party applications and programs that the Licensee installs on its devices, incl. for the purpose of integrating the Program and applications and programs of such developers, does not control and cannot control their work, and is not in any way responsible for the safety of the personal and other data of the Licensee that became available to installed applications and programs of third-party developers as a result of installation and use of these programs by the Licensee. The Licensee himself is fully responsible for the safety of his data that has become available to installed applications and third-party programs as a result of the installation and use of these programs by the Licensee.
6.19. The Licensor undertakes to maintain the functionality of the Program for Internet browsers Google Chrome, Mozilla Firefox, Safari of the three latest (ie the most "fresh") versions as of the current date. The Licensor is not responsible for violations in the operation of the Program when the Licensee uses other versions of the specified Internet browsers (later) and other browsers other than those specified in this paragraph. The Licensee undertakes to timely install and update the specified software to use the Program.
7. TERMS OF PROCESSING AND USE OF PERSONAL DATA
7.1. By accepting the terms of this Agreement, the Licensee, in accordance with Federal Law No. 152 "On Personal Data" dated July 27, 2006, acting freely, by his own will and in his interest, expresses his consent to: providing his personal data, including Surname, Name , Middle name, email address, contact phone number, region, for their processing by the Licensor.
7.2. The purpose of processing personal data:
- granting the Licensee the right to use the Program;
- providing the Licensee with the opportunity to add custom components to the Program (extensions (components) developed and offered for installation by third parties that provide access to information or services of third parties, or transfer to third-party resources), or use them to transfer to third-party resources ;
- sending notifications regarding the use of the Program;
- preparing and sending responses to the Licensee's requests;
- sending information about the events held by the Licensor;
- sending information about the products and services of the Licensor.
7.3. The list of actions with personal data to which the Licensee expresses his consent: collection, systematization, accumulation, storage, clarification (updating, changing), use, depersonalization, as well as the implementation of any other actions provided for by the current legislation, both manual and automated methods .
7.4. The Licensor undertakes to take all necessary measures, depending on it, to protect the above personal data from unauthorized access or disclosure.
7.5. This consent is valid for the duration of the License Agreement and the use of the Program by the Licensee. The Licensee understands and agrees that in the event of withdrawal of this consent, he loses the opportunity to use part or all of the services of the Program.
8. VALIDITY, MODIFICATION AND TERMINATION OF THE AGREEMENT
8.1. The Licensor has the right to unilaterally, without the approval and notification of the Licensee, supplement and amend this Agreement. Changes come into force from the moment they are published by the Licensor on the website of ForClasses/Moy Klass. The Licensee is obliged to independently monitor the current version of this Agreement in order to comply with its provisions.
8.2. The Licensor has the right to unilaterally terminate this Agreement if the Licensee violates the terms of this Agreement on the use of the Program.
8.3. Upon termination of this Agreement by any party and for any reason, the Licensee and Authorized Users must stop using the Program completely.
8.4. In the event that a competent court finds any provisions of this Agreement invalid, the Agreement shall continue in force in the rest of the Agreement.
8.5. The Licensor and the Licensee take actions to resolve disputes through negotiations. If they are not resolved, disputes are considered in court at the location of the Licensor.
8.6. For all issues not regulated by this Agreement, the Parties are guided by the current legislation.
9. FINAL PROVISIONS.
9.1. This is the english version of License Agreement of Moy Klass Program, provided on the direct website of Moy Klass. The provisions of Privacy Policy of Moy Klass program should be considered as priority.
9.1. Licensor: Sole proprietorship Cheranev M V TIN 667012345423 SRNIP 318665800211950