This is an English translation provided for your convenience. The legally binding version is the Russian-language text; in case of any discrepancy, the Russian version prevails.
User Agreement
This User Agreement (hereinafter — the Agreement) applies to the use of both the "Fenomen: Chess for Kids" Application (hereinafter — the Application) published in digital stores, and the website of the same name (https://fenomen-kids.ru/) administered by Fenomen Chess School LLC. The use of the Website (Application) by Users means that they unconditionally accept and undertake to comply with all terms of this Agreement.
1. GENERAL PROVISIONS
1.1. In this Agreement, unless the text of the Agreement directly implies otherwise, the following words and expressions written in capitalized form and used in the interaction between the parties during the performance of obligations shall have the meanings set out below:
Administrator — Fenomen Chess School Limited Liability Company (TIN 5406843949, registered address: 53 Deputatskaya St., Novosibirsk, Novosibirsk Region, 630099, Russia), which owns all relevant rights to the Website (Application).
Acceptance — the full and unconditional acceptance of the terms of this Agreement, carried out by the User performing any actions to use the Website (Application).
User's Authentication Data — the login (the User's email address) and password (created by the User independently), which together are recognized as the User's simple electronic signature. The User independently ensures the safekeeping of their Authentication Data, as well as the ability to receive the access codes sent to them.
User — a person who accesses the Website (Application) and uses the materials and services posted on the Website.
Content — any informationally significant content of the Website, including, but not limited to, photos, audio, video, text and other media materials.
Personal Account — a personalized part of the Website (Application) through which the exchange of information and documentation in electronic form between the User and the Website is ensured. Access to the Personal Account is carried out by the User entering the Authentication Data.
Personal Data — any information relating to a natural person (personal data subject) who is identified or can be identified on the basis of such information, including their surname, first name, patronymic, year, month, day and place of birth, address and other information.
Application — the "Fenomen: Chess for Kids" software intended for installation and use on mobile devices running Android and/or iOS operating systems, providing access to educational and entertainment content, as well as to functionality including registration, subscribing, viewing content, participating in interactive elements, receiving notifications and access to the Personal Account posted on the Internet or inside the Application.
Processing of personal data — any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, and destruction of personal data.
Website — a resource on the Internet representing a set of information and intellectual property objects contained in an information system (including a computer program, database, graphic interface design, etc.), access to which is provided from various user devices connected to the Internet by means of special software for viewing web pages (a browser) at the network address https://fenomen-kids.ru/ (and the addresses of the Website's subsections).
1.2. All other terms and definitions found in the text of the Agreement are interpreted in accordance with the current legislation of the Russian Federation.
2. SUBJECT OF THE AGREEMENT
2.1. In accordance with this Agreement, the Administrator grants any User the right to free use of the Website (Application) in any way and in any form within the limits of its declared functional capabilities and on the terms set out in this Agreement within the free version.
2.2. Within the paid version, in accordance with this Agreement, the Administrator grants any User the right to paid use of the Website (Application) in a manner and form within the limits of its declared functional capabilities and on the terms set out in this Agreement.
2.3. The use of the Website (Application) is carried out in accordance with the "as is" principle accepted in global law-enforcement practice. In accordance with this principle, no guarantees are provided or implied that the Website (Application) will meet all of the User's requirements, will operate continuously, quickly and without errors, or that the results that may be obtained using the Website (Application) will be accurate and reliable.
2.4. The User is considered to have acceded to this Agreement in accordance with the provisions of Article 438 of the Civil Code of the Russian Federation by accessing the materials and services of the Website (Application) and using the Website (Application) in any way and in any form within the functional capabilities of the paid and free versions of the Application, including:
- viewing materials posted on the Website (Application);
- using the services of the Website (Application);
- registering in the Personal Account;
- other use of the Website (Application).
2.5. By using the Website (Application) in the manner provided for in clause 2.4 of the Agreement, the User confirms that they:
- have read the terms of this Agreement in full before starting to use the Website (Application);
- unconditionally accept all terms of this Agreement in full without any exceptions or limitations, and undertake to comply with them or to stop using the Website in case of disagreement with the terms of this Agreement.
2.6. No provision of the Agreement may be construed as establishing agency relations, joint-activity relations, or any other legal relations not expressly provided for by this Agreement between the Administrator and the User.
2.7. All possible disputes arising from or in connection with this Agreement are subject to resolution in accordance with the current legislation of the Russian Federation.
2.8. The procedure for performing obligations arising under other contracts concluded between the User and the Administrator is established in such contracts.
3. REGISTRATION
3.1. To use the functionality of the Website (Application), the User must complete the registration procedure, as a result of which they will be granted personal access to the Personal Account.
3.2. During registration, the User undertakes to fill in information about themselves accurately and completely on the questions offered in the registration form, and to keep this information up to date. If the User has provided incorrect information or the Administrator has grounds to believe that the information provided by the User is incomplete or inaccurate, the Administrator has the right, at its own discretion, to block access to the Personal Account or to delete the User's account and refuse the User the use of certain functionality of the Website (Application).
3.3. The Administrator has the right to require the User to confirm the data specified during registration and to request supporting documents in this regard. If the User's data specified in the documents they provide does not match the data specified during registration, as well as in the case where the data specified during registration does not allow the User to be identified, the Administrator has the right to refuse the User access to the Personal Account and the use of the Website (Application).
3.4. The User confirms and warrants that all actions provided for the User by this Agreement are performed by the person whose data was sent to the Administrator during the registration procedure.
3.5. The User is solely responsible for the security and safekeeping of their Authentication Data. The User is solely responsible for all actions (as well as their consequences) when using the Website (Application) under the User's Authentication Data; such actions are considered to be performed by the User themselves.
3.6. The User must immediately notify the Administrator of any case of unauthorized access to the User's Personal Account and (or) of any breach (or suspected breach) of the confidentiality of their password.
3.7. The User has no right to reproduce, repeat and copy, sell and resell, or use for any commercial purposes the Website (Application), its Content, or access to it, except in cases where the User has obtained such permission from the Administrator.
3.8. When registering on the Website (in the Application), the User consents to receiving from the Administrator mailings, push notifications, SMS notifications and other notifications of an advertising and informational nature. Configuring the mailing parameters (frequency of receipt, the ability and methods of unsubscribing, etc.) will be possible for the User directly through messages to the Administrator's email or by phone. Mailings may be sent as an email to the address, a call and (or) a short message (SMS, push or equivalent) to the phone number specified by the User during registration. Advertising and informational materials may be provided in the form of printed and souvenir products, enclosed with customer orders and delivered to the specified postal address in the form of letters and parcels.
3.9. By accepting the terms of this Agreement, the User confirms that they are the legal representative of a minor and gives consent to the processing of personal data, as well as to the use of the Application by the minor.
3.9.1. In the case of independent use of the Application by a minor, the Administrator proceeds on the assumption that the parent's consent has been obtained.
4. RIGHTS AND OBLIGATIONS OF THE ADMINISTRATOR
4.1. In order to improve the quality of the Website (Application), the Administrator or persons acting on its behalf have the right to collect the opinions and feedback of Users on various matters by sending informational messages during the User's next visit to the Website (Application) or by contacting them using the contact details provided by the User when registering the Personal Account, by means of telephone calls or emails. The collected opinions and feedback may be used to generate statistical data, which may be used in the services implemented on the Website (Application). Feedback provided by the User during a survey may also be published (or otherwise made public) by the Administrator.
4.2. The Administrator has the right to send informational messages to the User's email address and (or) subscriber number, including, but not limited to, messages related to the functioning of the Website (Application), notifications related to the performance of contracts concluded with the User, password recovery information, etc. Acceptance of the terms of the Agreement constitutes the User's consent to receive from the Administrator the informational messages specified in this clause.
4.3. The Administrator reserves the right to block the User's Personal Account in accordance with the terms of the Agreement or in the event of the User's violation of the terms of this Agreement.
4.4. The Website (Application) or its services may from time to time be partially or fully unavailable due to preventive or other work or for any other reasons of a technical nature. The Administrator has the right to modify any software of the Website (Application), carry out necessary preventive or other work, and suspend the operation of the Website (Application) from time to time at its own discretion, with or without prior notice to the User.
4.5. The Administrator is not responsible for any errors, omissions, interruptions, deletion, defects, delay in the processing or transmission of data, failure of communication lines, theft, destruction or unauthorized access to the User's information posted on the Website (in the Application) or in any other place. The Administrator is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, or failures of email services or scripts due to technical reasons.
4.6. During the term of this Agreement, the Administrator will make every effort to eliminate any technical failures and errors, should they occur, within a reasonable time. At the same time, the Administrator does not guarantee the complete absence of technical errors and failures for reasons caused by equipment malfunction, incorrect operation of software or the software environment.
4.7. No intellectual rights are granted to the User, except as expressly provided for by this Agreement, with respect to both the Website (Application) as a whole and to individual software, design solutions, literary, graphic and audiovisual works that are part of the Website (Application).
5. RIGHTS AND OBLIGATIONS OF THE USER
5.1. The User undertakes to review the current version of the Agreement on each visit to the Website (Application) before starting to use the functionality of the Website (Application) and to comply with its terms.
5.2. The User undertakes to provide accurate and complete information when using the Website (Application).
5.3. The User agrees not to take actions or leave comments and entries that may be regarded as violating Russian legislation or the norms of international law, including in the field of intellectual property, copyright and (or) related rights, generally accepted norms of morality and ethics, as well as any actions that lead or may lead to a disruption of the normal operation of the Website (Application).
5.4. The use of the materials of the Website (Application) without the consent of the copyright holders is not permitted.
5.5. When citing the materials of the Website (Application), including protected copyrighted works, a link to the Website is mandatory.
5.6. The User undertakes to be responsible for all actions performed when using their Personal Account, as well as for the consequences caused by such actions.
5.7. When using the Website (Application), the User has no right to violate the rights and legitimate interests of third parties, or to cause harm in any form, including harm to business reputation.
5.8. The User has no right to disrupt the normal operation of either individual services of the Website (Application) or the Website (Application) as a whole.
5.9. The User is obliged to independently monitor changes made to this Agreement.
5.10. The User has the right to terminate access to the Personal Account by sending a corresponding notification to the Administrator.
6. PAID FEATURES AND ADVERTISING
6.1. The Website (Application) may contain both free and paid functionality. Paid features are provided on the terms of a monthly and/or annual subscription.
6.2. The User is notified of and agrees that the subscription is automatically renewed unless canceled by the User before the next charge.
6.3. Refunds for paid but unused subscriptions are not provided.
6.4. The application may display advertising content, including the interstitial format (pop-up advertising) and rewarded ads (advertising for a reward).
6.5. The User has the right to disable advertising by taking out an appropriate subscription, if such a feature is provided.
7. LIMITATION OF THE ADMINISTRATOR'S LIABILITY
7.1. The Administrator guarantees the reliability, accuracy, completeness or quality only of the information that it has itself directly posted on the Website (in the Application). The Administrator is not responsible for the reliability, accuracy, completeness and quality of information posted on the Website (in the Application) by third parties, including Users.
7.2. The Administrator is not responsible for the incorrect behavior of persons using the Website (Application).
7.3. The Administrator does not guarantee that:
- the Website (Application) will meet the User's requirements;
- the results that may be obtained using the Website (Application) will be accurate and reliable;
- the quality of any product, services, or information obtained using the Website (Application) will meet the User's expectations;
- the Website (Application) will operate continuously, quickly, reliably and without errors and will meet the User's expectations;
- all errors on the Website (in the Application) will be corrected.
7.4. The Administrator is not liable and has no direct or indirect obligations to the User in connection with any possible or incurred losses or damages related to any content of the Website (Application), copyright registration and information about such registration, goods or services available or obtained through external sites or resources or other User contacts entered into using the information posted on the Website (in the Application) or links to external resources.
7.5. The Administrator is not responsible for the completeness and reliability of the information provided by Users when carrying out registration actions on the Website (in the Application), and is not responsible for possible damage related to the unreliability or incompleteness of such information. The Administrator assumes no obligation to verify the accuracy of the Personal Data specified by the User and is not responsible if the User provides a greater volume of data than is provided for by the relevant forms on the Website (in the Application).
7.6. The Administrator is not liable to the User or any other third parties and does not compensate for any damage, including lost profit or lost data, harm caused to honor, dignity or business reputation, and other losses caused in connection with the use of the Website (Application) or other materials and services contained on the Website (in the Application), except in cases expressly provided for by the Agreement.
7.7. The Administrator proceeds on the assumption that all forms on the Website (in the Application) are filled out directly by the User. Responsibility for the lawfulness of the provision and the reliability of the Personal Data of the User and other persons whose data is reported lies solely with the User.
7.8. The Administrator is not responsible for the loss, substitution or corruption of data, or for other consequences resulting from the User's failure to comply with the terms provided for by this Agreement.
7.9. The Administrator is not responsible for the organization of the use of the OpenID and OAuth protocols by third parties and their proper protection of information about Users, or for obtaining the lawful prior consent of Users to the Administrator's processing of their Personal Data within the use of these protocols.
8. ACCESS TO THIRD-PARTY RESOURCES
8.1. The User's access to the Website (Application) may cause requests to third-party Internet resources and the loading from them of program code or graphic objects (including those invisible when web pages are displayed by the browser) used for advertising purposes and for the purpose of collecting statistics. The owners of the Internet resources have the technical ability to collect information about Users and independently determine the conditions of its use.
8.2. The User has the ability to block requests for graphic images hosted on third-party servers by configuring the software. Blocking may lead to loss of readability and the appearance of errors when displaying resources.
8.3. When Users navigate from the Website (Application) to the pages of third-party Internet resources, Users independently determine the limits of the use of information about them within the terms and rules determined by the owners of the respective Internet resources. The latter, in doing so, have the technological ability to access information stored on the browser side and are responsible for observing the rights of Users in connection with its use.
9. USE OF INFORMATION STORED ON THE BROWSER SIDE
9.1. The Administrator uses information stored on the User's browser side to determine the unique identifier of the User's access to the Website (Application) for the purpose of:
- supporting the functionality of resources that require the use of information stored on the browser side;
- measuring the size of the audience of the Website (Application);
- determining the statistical informational preferences of Users when accessing various pages of the Website (Application);
- determining, for research purposes, the correlation of statistical data on the attendance of the Website (Application) with sociometric data about Users.
9.2. By configuring the software, the User has the ability to prohibit the use of information stored on the browser side on their computer; however, this may lead to a partial or complete loss of the functionality of the pages of the Website (Application).
10. CONSENT TO THE PROCESSING OF PERSONAL DATA
10.1. The processing of Users' personal data is carried out by the Administrator in accordance with the privacy policy posted at https://fenomen-kids.ru/Home/PrivacyPolicy.
11. AMENDMENT OF TERMS AND TERMINATION OF THE AGREEMENT
11.1. The Agreement may be terminated at any time at the initiative of either party. To do this, the Administrator posts a notice of termination of the Agreement on the Website (in the Application) and (or) sends the User a corresponding notice to the email address specified by the User during registration; from the moment of such posting / sending of such notice, the Agreement is considered terminated.
11.2. The User may terminate this Agreement by sending the Administrator a notice of termination by email to phenomenon.chess.school@gmail.com
11.3. The User agrees that this Agreement may be amended by the Administrator unilaterally by posting the updated text of the Agreement on the Internet. The User confirms their consent to the changes to the terms of the Agreement by using the Website (Application). In case of disagreement with the amended version of the Agreement, the User undertakes to stop using the Website (Application).
11.4. A description of the subscription terms and the cost of services is provided in the Public Offer posted on the Website (in the Application). The User is considered to have familiarized themselves with the offer upon acceptance of this Agreement.
11.5. The User undertakes to independently monitor changes to this Agreement and the Privacy Policy. Continued use of the Website (Application) after changes means agreement with them.
12. INFORMATION ABOUT THE ADMINISTRATOR
Fenomen Chess School Limited Liability Company
Registered address: 53 Deputatskaya St., Novosibirsk, Novosibirsk Region, 630099, Russia
TIN: 5406843949
PSRN: 1245400036474
E-mail: phenomenon.chess.school@gmail.com