User Agreement
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.
This User Agreement (hereinafter referred to as the "Agreement") applies to the use of the application "Fenomen: Chess for Kids" (hereinafter referred to as the "Application"), published in digital marketplaces and administered by LLP “Fenomen School”. By using the Application, Users fully and unconditionally accept and agree to comply with all terms and conditions set forth in this Agreement.
1. GENERAL PROVISIONS
1.1. For the purposes of this Agreement, unless the context requires otherwise, the following terms and expressions, capitalized and used throughout the Agreement, shall have the following meanings:
Administrator — Limited Liability Partnership “Fenomen School” (Business Identification Number: 220340023867, registered address: Republic of Kazakhstan, Almaty, Auezova St., 14A, 5th floor), which holds all applicable rights to the Application.
Acceptance — full and unconditional acceptance of the terms and conditions of this Agreement, made by the User by performing any actions related to the use of the Application.
User Authentication Data — login (User’s email address) and password (created by the User), which together constitute the User’s simple electronic signature. The User independently ensures the confidentiality of their Authentication Data and the ability to receive one-time access codes.
User — an individual who accesses and uses the Application, as well as the materials and services published within it.
Content — any informational and meaningful materials within the Application, including but not limited to photographs, audio, video, texts, and other media content.
Personal Account — a personalized section of the Application through which information and documentation are exchanged between the User and the Application in electronic form. Access to the Personal Account is carried out using the User’s Authentication Data.
Personal Data — any information relating to a directly or indirectly identified or identifiable individual (subject of personal data), including but not limited to last name, first name, patronymic, date and place of birth, address, and other related information.
Application — the software “Fenomen: Chess for Kids,” designed for installation and use on mobile devices operating under Android and/or iOS systems. It provides access to educational and entertainment content, as well as application functionalities including registration, subscription management, content viewing, participation in interactive elements, receiving notifications, and access to the Personal Account.
Personal Data Processing — any action (operation) or a set of actions performed with or without the use of automation tools involving Personal Data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer (distribution, provision, access), anonymization, blocking, deletion, or destruction of Personal Data.
1.2. All other terms and definitions not expressly defined in this Agreement shall be interpreted in accordance with the applicable laws of the Republic of Kazakhstan.
2. SUBJECT OF THE AGREEMENT
2.1. In accordance with this Agreement, the Administrator grants any User the right to use the Application free of charge in any manner and form within the limits of the announced functionalities and under the terms outlined in this Agreement (within the framework of the free version).
2.2. Under the paid version and in accordance with this Agreement, the Administrator grants any User the right to use the Application for a fee, in any manner and form, within the scope of the announced functionalities and under the terms outlined in this Agreement.
2.3. The Application is provided in accordance with the internationally recognized legal principle of “as is”. This principle means that the Application is provided without warranties of any kind, including that it will meet the User’s expectations, operate uninterruptedly or error-free, or deliver specific results. The Administrator does not guarantee the accuracy or reliability of any results obtained from using the Application.
2.4. The User is deemed to have acceded to this Agreement in accordance with Article 396 of the Civil Code of the Republic of Kazakhstan by accessing the materials and services of the Application and using its functionalities in both the paid and free versions, including:
2.4.1. viewing materials placed in the Application;
2.4.2. using the Application’s services;
2.4.3. registering in the Personal Account;
2.4.4. any other use of the Application.
2.5. By using the Application in the manner provided for in Clause 2.4 of the Agreement, the User confirms that:
2.5.1. they have read and understood the terms of this Agreement in full before starting to use the Application;
2.5.2. they unconditionally accept all terms of this Agreement in full, without any exemptions or limitations, and undertake to comply with them or cease use of the Application if they disagree with the terms of this Agreement.
2.6. None of the provisions of this Agreement shall be interpreted as establishing agency relationships, joint activities, or any other legal relationships between the Administrator and the User that are not expressly provided for in this Agreement.
2.7. Any disputes arising out of or in connection with this Agreement shall be resolved in accordance with the applicable laws of the Republic of Kazakhstan.
2.8.The procedure for the performance of obligations arising under other contracts concluded between the User and the Administrator shall be determined in such contracts.
2.9. The Application is intended for users aged 4 to 15. Use of the Application is permitted only with the consent of a parent or other legal representative of the minor.
3. REGISTRATION
3.1. To use the functionality of the Application, the User must complete the registration process, as a result of which they will be granted personalized access to a Personal Account.
3.2. During the registration process, the User undertakes to provide accurate and complete information about themselves in response to the questions presented in the registration form, and to keep this information up to date. If the User provides false information or if the Administrator has reason to believe that the information provided by the User is incomplete or inaccurate, the Administrator shall have the right, at its sole discretion, to block access to the Personal Account or delete the User’s account and deny the User access to certain functionality of the Application.
3.3. The Administrator shall have the right to request the User to confirm the data provided during registration and to submit supporting documents. If the data provided in the User's documents do not match the data provided during registration, or if the data provided during registration does not allow for identification of the User, the Administrator may deny the User access to the Personal Account and use of the Application.
3.4. The User confirms and guarantees that all actions stipulated for the User under this Agreement are performed by the individual whose data was submitted to the Administrator during the registration process.
3.5. The User is solely responsible for the security and confidentiality of their Authentication Data. The User is fully responsible for all actions (and their consequences) performed under the User’s Authentication Data, and such actions shall be deemed to have been performed by the User themselves.
3.6. The User is obliged to immediately notify the Administrator of any unauthorized access to their Personal Account and/or any breach (or suspected breach) of the confidentiality of their password.
3.7. The User shall not reproduce, duplicate, copy, sell, resell, or otherwise use the Application, its Content, or access thereto for any commercial purpose, except as expressly permitted by the Administrator.
3.8. By registering in the Application, the User gives consent to receive from the Administrator newsletters, push notifications, SMS messages, and other advertising or informational notifications. The User will be able to manage notification settings (frequency of delivery, ability and methods of opting out, etc.) by sending a message to the Administrator's email address or via telephone. The notifications may be delivered in the form of an email, phone call, and/or short message (SMS, push, or similar) to the phone number specified by the User during registration. Advertising and informational materials may also be provided in printed or promotional form, included in customer orders, and delivered to the specified postal address in the form of letters or parcels.
3.9. By accepting the terms of this Agreement, the User confirms that they are the legal representative of the minor and provides consent to the processing of personal data as well as to the use of the Application by the minor.
3.9.1. If the User of the Application is a minor, the Administrator assumes that their legal representative has given consent to the use of the Application and the processing of personal data. The use of the Application by minors is permitted only under the supervision of parents or other legal representatives
4. RIGHTS AND OBLIGATIONS OF THE ADMINISTRATOR
4.1. For the purpose of improving the quality of the Application, the Administrator or persons acting on its behalf shall have the right to collect opinions and feedback from Users on various matters by sending informational messages upon the User's next visit to the Application or by contacting the User using the contact details provided during registration of the Personal Account, including through phone calls or emails. Collected opinions and feedback may be used to generate statistical data that may be utilized in services implemented within the Application. Feedback provided by the User during surveys may also be published (or otherwise made public) by the Administrator.
4.2. The Administrator shall have the right to send informational messages to the User’s email address and/or mobile number, including but not limited to messages concerning the functioning of the Application, notifications regarding the fulfillment of agreements concluded with the User, password recovery information, etc. The User’s acceptance of the terms of this Agreement constitutes consent to receive such informational messages from the Administrator.
4.3. The Administrator reserves the right to block the User’s Personal Account in accordance with the terms of this Agreement or in the event of the User’s violation of the provisions hereof.
4.4. The Application or its services may be partially or fully unavailable at certain times due to maintenance or other work, or for any other technical reasons. The Administrator shall have the right to modify any Application software, perform necessary maintenance or other works, and suspend the Application’s operation at any time at its own discretion, with or without prior notice to the User.
4.5. The Administrator shall not be liable for any errors, omissions, interruptions, deletions, defects, delays in data processing or transmission, communication line failures, theft, destruction, or unauthorized access to User information posted in the Application or elsewhere. The Administrator shall not be liable for any technical malfunctions or other issues of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, email service failures, or script errors for technical reasons.
4.6. During the validity of this Agreement, the Administrator shall make all reasonable efforts to eliminate any technical malfunctions and errors in a timely manner if they occur. However, the Administrator does not guarantee the complete absence of technical errors and malfunctions arising due to hardware failures, incorrect operation of software, or the software environment.
4.7. The User is not granted any intellectual property rights, except as explicitly provided by this Agreement, in relation to the Application as a whole or any individual software, design elements, literary, graphical, or audiovisual works contained within the Application.
4.8. All materials of the Application, including visual elements, texts, graphics, interface structure, trademarks, brand names, and other intellectual property objects, are owned by the Administrator or third parties under license agreements. The use of such materials without proper authorization is prohibited.
5. RIGHTS AND OBLIGATIONS OF THE USER
5.1. The User undertakes to review the current version of this Agreement each time before using the Application and to comply with its terms and conditions.
5.2. The User agrees to provide accurate and complete information when using the Application.
5.3. The User agrees not to take any actions or post any comments or entries that may be regarded as violating the legislation of the Republic of Kazakhstan or the norms of international law, including but not limited to those in the field of intellectual property, copyright and/or related rights, commonly accepted standards of morality and ethics, or any actions that may result in the disruption of the normal functioning of the Application.
5.4. The use of any materials from the Application without the consent of the rights holders is prohibited.
5.5. When quoting materials from the Application, including copyrighted works, a reference to the Application is mandatory.
5.6. The User shall be responsible for all actions performed while using their Personal Account, as well as for any consequences resulting from such actions.
5.7. While using the Application, the User shall not violate the rights and lawful interests of third parties or cause any damage in any form, including damage to business reputation.
5.8. The User shall not interfere with the normal operation of any services of the Application or the Application as a whole.
5.9.The User is solely responsible for monitoring updates to this Agreement.
5.10. The User may terminate access to their Personal Account by submitting a corresponding notice to the Administrator.
6. PAID FEATURES AND ADVERTISING
6.1. The Application may include both free and paid features. Paid features are provided under a monthly and/or annual subscription model.
6.2. The User is informed and agrees that the subscription will be automatically renewed unless canceled by the User prior to the next billing cycle.
6.3. Payments for subscriptions that have been purchased but not used are non-refundable.
6.4. The Application may display advertising content, including but not limited to interstitial ads (pop-up advertisements) and rewarded ads (ads shown in exchange for in-app rewards).
6.5. The User has the right to disable advertisements by purchasing a relevant subscription plan, if such an option is provided.
7. LIMITATION OF LIABILITY OF THE ADMINISTRATOR
7.1. The Administrator guarantees the accuracy, reliability, completeness, and quality only of the information it has directly published in the Application. The Administrator bears no responsibility for the accuracy, reliability, completeness, or quality of information posted in the Application by third parties, including Users.
7.2. The Administrator shall not be liable for the inappropriate behavior of individuals using the Application.
7.3. The Administrator does not guarantee that:
- the Application will meet the User’s requirements;
- the results obtained through the use of the Application will be accurate or reliable;
- the quality of any products, services, or information obtained through the Application will meet the User’s expectations;
- the Application will operate continuously, quickly, reliably, and without errors, or that it will meet the User’s expectations;
- all errors in the Application will be corrected.
7.4. The Administrator shall not be liable and shall have no direct or indirect obligations to the User in connection with any possible or actual losses or damages related to any content in the Application, copyright registration or registration data, products or services available or obtained through external sites or resources, or other interactions the User enters into based on information or links available in the Application.
7.5. The Administrator shall not be liable for the completeness or accuracy of the information provided by Users during the registration process in the Application and shall not be responsible for any damages resulting from the inaccuracy or incompleteness of such information. The Administrator assumes no obligation to verify the accuracy of the Personal Data provided by the User and shall not be held liable in the event the User provides more data than is required by the corresponding forms in the Application.
7.6. The Administrator shall not be liable to the User or any third party and shall not reimburse any damages, including lost profits or lost data, harm to honor, dignity, or business reputation, or any other losses caused in connection with the use of the Application or any materials and services contained therein, except as expressly provided in this Agreement.
7.7. The Administrator assumes that all forms in the Application are completed directly by the User. The User shall bear sole responsibility for the legality and accuracy of the Personal Data provided about themselves or third parties.
7.8. The Administrator shall not be responsible for any loss, alteration, or corruption of data, or for any other consequences resulting from the User’s failure to comply with the terms of this Agreement.
7.9. The Administrator shall not be responsible for the use of OpenID or OAuth protocols by third parties, nor for such parties’ ability to ensure the proper protection of User data, or for obtaining the lawful prior consent of Users for the processing of their Personal Data within the scope of such protocols.
7.10. The Administrator shall not be liable for any actions of minors taken as a result of using the Application, including actions performed without the control or consent of a legal representative.
8. ACCESS TO THIRD-PARTY RESOURCES
8.1. User access to the Application may result in redirection to third-party websites and the download of code or graphical elements (including those not visible when rendering web pages in a browser) used for advertising purposes and statistical data collection. The owners of such third-party websites have the technical capability to collect information about Users and independently determine the conditions for its use.
8.2. The User has the ability to block requests for graphical elements hosted on third-party servers by adjusting their browser or software settings. Such blocking may result in impaired readability or errors in the display of resources.
8.3. When Users follow links from the Application to third-party websites, they independently determine the scope of permissible use of their information under the terms and conditions set by the owners of those third-party websites. Such owners may have the technical ability to access information stored in the User’s browser and are solely responsible for ensuring Users’ rights are respected in relation to such data usage.
9. USE OF INFORMATION STORED IN THE USER'S BROWSER
9.1. The Administrator uses information stored in the User's browser to identify a unique access identifier for the User in order to:
- maintain the functionality of resources that require browser-stored information;
- measure the audience size of the Application;
- determine statistical preferences of Users when accessing different sections of the Application;
- identify, for research purposes, the correlation between statistical Application usage data and Users' sociometric data.
9.2 By adjusting software settings, the User may prohibit the use of information stored in their browser. However, doing so may result in partial or complete loss of functionality of the Application’s pages.
10. CONSENT TO PERSONAL DATA PROCESSING
10.1. The processing of Users' personal data is carried out by the Administrator in accordance with the Privacy Policy available at the following address: Privacy Policy.
10.2. The Administrator undertakes to process the personal data of minors in accordance with the Law of the Republic of Kazakhstan “On Personal Data” as well as in compliance with international requirements for the protection of children's data, including the provisions of COPPA (Children’s Online Privacy Protection Act).
11. AMENDMENT AND TERMINATION OF THE AGREEMENT
11.1. This Agreement may be terminated at any time at the initiative of either party. For this purpose, the Administrator may post a notice of termination of the Agreement within the Application and/or send the User a corresponding notification to the email address provided during registration. From the moment of such publication or dispatch, the Agreement shall be considered terminated.
11.2. The User may terminate this Agreement by sending a notice of termination to the Administrator via email at: fenomen.kz54@gmail.com.
11.3. The User agrees that this Agreement may be unilaterally amended by the Administrator by posting an updated version of the Agreement. The User confirms their acceptance of such amendments by continuing to use the Application. If the User does not agree with the amended version of the Agreement, they must discontinue using the Application.
11.4. The terms of subscription and service fees are provided in the Public Offer published within the Application. The User is deemed to have read and accepted the Offer upon acceptance of this Agreement.
11.5. The User is solely responsible for monitoring changes to this Agreement and the Privacy Policy. Continued use of the Application following such changes constitutes acceptance thereof.
12. ADMINISTRATOR INFORMATION
Limited Liability Partnership "Fenomen School"
Registered Address: Republic of Kazakhstan, Almaty, Auezov St., 14A, 5th floor
Business Identification Number (BIN): 220340023867
E-mail: fenomen.kz54@gmail.com