This User Agreement on the use of the Massiana's Service (hereinafter referred to as the User Agreement) constitutes an official offer to the Internet user from MASSIANA LTD, represented by Director Valeriya Nikolayenko, acting on the basis of the Resolution of Subcribers, hereinafter referred to as the “Licensor”, in relation to granting by the Licensor rights to use the Massiana Service and expresses the Licensor's intention to conclude the Agreement on the terms of the User Agreement.
The following terms and definitions are used in the User Agreement:
1.1. Massiana Service - software (online platform) posted on the Site and available as an app in App Store and Google Play providing access to theoretical materials, tasks, tests and games.
This Terms of Service applies to all of our games, applications and related services, collectively referred here as Service, including the apps on the links below:
https://apps.apple.com/app/id1565113819
https://apps.apple.com/app/id1481596642
https://play.google.com/store/apps/details?id=com.logicappkids
https://play.google.com/store/apps/details?id=com.logicapp
1.2. Sites - Site posted on the Internet at www.logiclike.com
1.3. Agreement – a) license agreement for the provision of non-exclusive rights to use the Massiana Service, concluded between the User and the Licensor by means of Acceptance, or b) in cases stipulated by the User Agreement, a complex service agreement concluded between the User and Licensor by means of the User’s Acceptance by the User agreement.
1.4. Acceptance - acceptance by the User of the terms of the Agreement: a) by registering the User on the Service, carried out in accordance with section 3 of the User Agreement and / or b) by making the User an advance payment (advance payment) for the Complex Service in the amount specified in the price list of the Licensor and / or c) by sending the Parent of the Student to the Licensor an application for concluding a Contract.
1.5. User - an individual registered on the Site, namely, who created a Profile in the Massiana Service, and also agreed to the terms of the User Agreement. Users can be: a) Parents of Students, b) Students, c) Teachers.
1.6. Profile - the User account identified by the username and password assigned when registering the User on the Service, which has the right access to the Massiana Service and contains information about: a) Student, Parent of Student or b) Teacher.
1.7. Student - an individual with access to the Massiana Service and the possibility of using it for its intended purpose for the personal development of growth.
1.8. Parent of the Student is an individual who helps a minor Student gain access to the Massiana Service and receives information about the results of using the Massiana Service by the Student. For the purpose of the User Agreement, the Parent of the Student means any guardian or guardian of a minor who acts on his behalf and in his interests. The consent of their parents, guardians and / or guardians is implied.
1.9. Teacher - an individual who created a Teacher Profile on the Site. The teacher is also a representative (employee) of the School, acting on her behalf and on her behalf, who is registered on the Site under the Teacher Profile and can take part in the provision of the Complex Service.
1.10. Personal account - section of the Site, access to which is provided to the User after the acceptance by him. The personal account contains access to the Massiana Service, information about the payment by the User of the use of the Massiana Service, notifications, settings for the use of the Site, additional materials and other information.
1.11. Complex service - providing access to the Massiana Service, as well as the Student's personal support in using the Massiana Service, provided by the Teachers.
1.12. School - a public or private educational institution in which the Student is provided with educational services.
1.13. Intellectual property - all materials of the Massiana Service, as well as other results of intellectual activity and means of individualization, the rights to which belong to the Licensor.
1.14. Privacy Policy - an agreement on the use of personal data, which is an integral part of the User Agreement.
2.1. The Licensor grants the User a non-exclusive right to use the Massiana Service, its any changes, as well as other services that may be posted from time to time on the Site, for a fee paid in accordance with section 6 of the User Agreement.
2.2. The Licensor, if appropriate, at the request of the User, provides a Complex Service for the fee paid by the User in accordance with Section 7 of the User Agreement.
2.3. The Licensor provides the User with access to the Massiana Service with the necessary level of access security and maintenance breaks. The Licensor has the right to attract third parties to provide the Massiana Service without notice / consent of the User.
2.4. The Licensor grants the User the following rights to use the Massiana Service: -the right to reproduce objects contained in the Massiana Service; -other non-commercial use made solely for the individual development of the Student.
Restrictions on the rights to use the Massiana Service are provided in clauses 4.2 and 5.3 of the User Agreement.
2.5. The deadline for the provision of the Integrated Service begins at the moment the User makes the Acceptance, and ends on the earliest of the following dates: a) the date the User deleted the Profile or b) the date the User Agreement expires.
2.6. The validity period of a non-exclusive right to use the Massiana Service depends on the validity of the subscription chosen by the User in the "Pricing" section of the Service. The validity period of the rights to use the Massiana Service begins at the moment the User makes the Acceptance and ends on one of the following dates, whichever comes first: a) the date the User deleted the Profile, or b) the date the User Agreement expires.
2.7. The territory of the non-exclusive right to use the Massiana Service is all countries of the world.
3.1. To access the Massiana Service and to save a progress, the User must register on the Service.
If you use the Service without registering, your progress will not be saved.
3.2. To register on the Service, the User indicates his email address.
When registering as a Teacher, it is additionally also indicated: surname and name; country and city of residence; place of work (type of educational institution).
If the User provides the Complex Service, the registration of the User on the Site and the creation of the Profile can be carried out by the Licensor independently, after receiving from the Parent of the Student the consent to register on the Site and create the Profile.
The Parent of the Student receives the username and password of the User to gain access to the Massiana Service by transferring the relevant data on paper (card) by the Teacher.
3.3. On a voluntary basis, the Parent of the Student or the Student himself indicates the following information to create the Profile:
- surname, name of the Student;
- the country and city of the Student;
- Student's place of study (type of educational institution);
- surname, name of the Parent of the Student;
- contact number of the Parent of the Pupil.
3.4. By providing the information specified in clauses 3.2, 3.4 of the User Agreement, the User gives the Licensor unconditional consent to the processing and use of personal data, including the minor Student, for the purposes specified in the Privacy Policy. When issuing consent to the processing and use of personal data of a minor Student, the Student's Parent acts as the legal representative of the Student. The User confirms and agrees that he has read the Privacy Policy and the provisions of the User Agreement.
3.5. After successful registration, the User is sent to the User’s e-mail address indicated by username and password of the User. The User’s login and password are the User identification forms necessary to gain access to the Massiana Service and the Personal Account.
3.6. The Licensor has the right to prohibit the User from using the Profile and block access to the Site, to the Massiana Service and Personal Account, in case the User violates the terms of the User Agreement.
3.7. The User’s login and password are confidential information that is not subject to disclosure or other transfer to third parties by either the Licensor or the User. The user is fully responsible for keeping his username and password confidential, in particular for the lack of access to them from third parties. All actions on the Site committed under the Profile with the username and password of the User are considered committed by the User.
3.8. In the event of a password loss, the User can go through the password recovery procedure. Licensor provides automated password recovery tools. At the same time, the Licensor reserves the right to limit the use of these funds, as well as temporarily or completely suspend their work. The Licensor is not responsible for the loss of information for access to the Massiana Service and the Site committed through the fault of the User, as well as for any consequences that may arise as a result of this.
3.9. Deleting a Profile can be done by the Licensor only upon the User’s request by sending a corresponding request to e-mail privacy@massiana.cy
4.1. Massiana service is provided “as is”. The Licensor does not guarantee that the Massiana Service complies with the goals and requirements of the User, that access to the Site will be provided continuously, quickly, reliably and without errors.
4.2. When using the Massiana Service and the Site, the User is prohibited without the prior written consent of the Licensor:
- copy and / or distribute any information received on the Website and the Massiana Service;
- use the Massiana Service, as well as the information received on the Massiana Website and Service, to carry out commercial activities, to make profit or to use it in violation of the law;
-copy or otherwise use the software part of the Site, as well as its design;
- post on the Site any personal data of third parties without their consent, including home addresses, phone numbers, passport data, email addresses;
- place commercial advertisements, commercial offers, campaign information and any other information on the Site;
- change in any way the software part of the Site, perform actions aimed at changing the functioning and performance of the Site;
- to insult and otherwise violate the rights and freedoms of other users of the Site, third parties, as well as groups of persons.
4.3. When the User completes the Acceptance, as well as registration on the Site, the User is granted access to the Personal Account.
4.4. The User is aware and agrees that persons who have been identified on the Site using the username and password of the Profile of a specific User are recognized by the corresponding User, and the actions of such persons are considered the actions of the corresponding User.
4.5. The User agrees to comply with the terms of the User Agreement and agrees that the Licensor has the right to take all necessary measures aimed at preventing and terminating violations of the User Agreement by the User.
4.6. The Parent of the Student currently agrees, certifies and warrants that all actions performed by the minor Student while using the Site and Massiana Services will be pre-approved by the Parent of the Student. The presumption of approval by the Parent of the Student of all actions of the Student carried out by the latter when using the Site and the Massiana Service is hereby established.
4.7. The Parent of the Student hereby assures and warrants the Licensor that he will control the actions of the minor Student when using the Site and the Massiana Service. All actions of the Student will be performed under the direct parental control, with the unconditional consent and approval of the Student's Parent.
4.8. The User agrees to receive messages from the Licensor by e-mail specified by the User when registering on the Site with information of the following nature:
- confirmation of the fact that the User uses the Massiana Service (for example, confirmation of registration on the Site, confirmation of the User’s consent to the processing of personal data, etc.);
- providing the User with information relevant to the effective use of the Massiana Service and the Site, as well as providing the Integrated Service;
- informational, news and marketing messages related to the activities of the Licensor.
5.1. The User acknowledges and agrees that all contents of the Site and the Massiana Service are protected by copyright and / or other rights to the results of intellectual activity. The user agrees that these rights are valid and protected in all forms, on all media and with respect to all technologies, both existing at present and developed or created subsequently.
5.2. As a result of using the Site and the Massiana Service, the User does not transfer any rights to any of their contents, including audiovisual works, images, educational and methodological materials, trademarks and other intellectual property.
5.3. The User is prohibited from copying, modifying, changing, deleting, supplementing, publishing, transferring objects of exclusive and personal non-property rights contained on the Site and in the
Massiana Service, create derivative works, make or sell products based on them, reproduce, display or otherwise exploit or use such rights.
6.1. The Licensor provides the User with the right to use the Massiana Service, in accordance with the User Agreement, on the terms of their 100% prepayment.
6.2. The cost of granting rights to use the Massiana Service (licensor's fee) is indicated in the "Pricing" section of the Site. The amount of the Licensor's remuneration depends on the type of subscription chosen by the User in the "Pricing " section of the Service, and is determined based on the length of the period for granting rights to use the Massiana Service.
The " Pricing" section of the Site is an integral part of the User Agreement.
6.3. The user prepays the cost of granting rights to use the Massiana Service using one of the methods available on the Site, for example:
- by non-cash transfer of funds using bank payment cards to the Licensor's account (using the appropriate menu posted on the Service);
- electronic money.
6.4. The Licensor has the right to offer the User to automatically renew the subscription chosen by him in the "Pricing " section of the Service. In turn, the User has the right to refuse such automatic renewal by unchecking the box opposite the consent to the automatic renewal in the Pricing section of the Site.
The User acknowledges that if he does not refuse to automatically renew the subscription by unchecking this “checkmark”, the Licensor has the right to automatically and without prior notice renew the subscription chosen by the User and charge the User the corresponding cost of granting the rights to use the Massiana Service in accordance with the payment details specified User on the Service.
The presence of a “checkmark” opposite the consent for automatic renewal when paying for the corresponding subscription confirms the User’s unconditional consent to the automatic renewal of the subscription and automatic charging of its payment by the Licensor on a regular basis.
The user has the right to revoke his consent at any time, thereby canceling the automatic renewal of the subscription and the automatic charging of its payment, in the “Payment settings” section of the “Payment settings” section of the Service.
6.5. In confirmation of the licensor providing a non-exclusive right to use the Massiana Service and payment by the User of its cost, the Licensor has the right to draw up an acceptance certificate for the use of the Massiana Service, which is signed unilaterally by the Licensor and does not require a signature by the User.
6.6. The licensor does not control the hardware-software complex of payment systems of providers and is not responsible for errors in such a hardware-technical complex. If, as a result of such errors, the User’s money was debited, but the payment was not authorized by the provider, the obligation to return the money to the User lies with the provider of the electronic payment system. The user is solely responsible for the correctness of the payments made by him.
6.7. The Licensor has the right to unilaterally change the cost of granting rights to use the Massiana Service, after notifying the User about this 5 days in advance by posting the relevant information on the Service. Such a change does not affect the determination of the cost for Users who have paid in full at the previous price.
6.8. The Licensor terminates the User’s access to the Service, the Massiana Service and the Personal Account, without prior warning at the time of expiration of the granted rights to use the Massiana Service, according to the subscription chosen by the User. Licensor does not send additional notice of termination of access to the Site, Massiana Service and Personal Account.
6.9. If the User has not used the Massiana Service during the validity period of the relevant rights or did not use them daily, with interruptions in time, etc. (regardless of the reasons), the Licensor’s remuneration amount is not recalculated and the Licensor’s refund to the User is not made.
7.1. The complex service includes:
- granting the User rights to use the Massiana Service;
- personal support of the Student, provided by the Teacher;
- providing the user with access to the homework in the Personal Account.
8.1. In all that is not regulated by the User Agreement, the Licensor and the User will be guided by the legislation of the Republic of Cyprus.
8.2. All disputes, disagreements and claims that may arise in connection with the execution, termination or invalidation of the User Agreement, its parties will seek to resolve through negotiations. The party that has claims and / or disagreements sends a message to the other side of the User Agreement indicating the claims and / or disagreements that have arisen. The message is sent to the email address: to the User - to the email address specified during registration on the Service; Licensor at other@massiana.cy
8.3. In the event of a dispute, disagreement or claim that cannot be resolved through negotiations, such a dispute shall be resolved in the state court of the Republic of Belarus at the location of the Licensor.
9.1. The Licensor and the User are responsible for non-fulfillment or improper fulfillment of obligations stipulated by the User Agreement in cases established by the current legislation of the Republic of Cyprus.
9.2. The User is informed that the use of Intellectual Property after the expiration of the relevant rights, as well as the use of Intellectual Property in violation of the terms of the User Agreement entail civil, administrative and criminal liability.
10.1. The Agreement is valid from the moment the User makes the Acceptance and to the earliest of one of the following dates: a) the date the User deleted the Profile, or b) the date the User Agreement expires.
10.2. The User has the right to cancel the Agreement unilaterally out of court, having previously notified the Licensor in one of the following ways: calling the contact numbers indicated on the Site with a message about the desire to terminate the Agreement; sending a written notice of cancellation of the Agreement to the registered address of the Licensor specified in section 11 of the User Agreement.
A necessary condition for unilateral non-judicial cancellation of the Agreement in the manner provided for in this clause is the User’s lack of payment for Massiana Service and (or) Complex Service.
10.3. The User Agreement applies to all Users, regardless of the purpose of using the Massiana Service. In case of disagreement with the User Agreement, the User agrees to immediately stop using the Massiana Service, as well as delete any materials and information posted to it on the Site.
10.4. The current version of the User Agreement is constantly posted on the Site. The Licensor reserves the right to amend or supplement the User Agreement at any time without prior or subsequent notification of the User, unless otherwise provided in the User Agreement.
The user independently monitors changes to the User Agreement and gets acquainted with its current edition. Continued use of the Massiana Service or the Complex Service by the User after making changes and / or additions to the User Agreement means acceptance and consent of the User to such changes and / or additions.
10.5. The User Agreement may be terminated by the Licensor unilaterally, in case the User violates its terms and conditions. In this case, the User is obliged to immediately stop using the Massiana Service.
10.6. An integral part of the User Agreement is the Privacy Policy.
10.7. Recognition by a court of any provision of the User Agreement as invalid or not enforceable does not entail the invalidity of other provisions of the User Agreement
10.8. The user is informed that the fact of obtaining rights to use the Massiana Service and / or the Integrated Service does not guarantee the development of intellectual abilities, the acquisition of any skills, etc., which directly depends on the personality of the Student and other factors.
10.9. The content of the Site, Massiana Service, including the number and complexity of tasks, criteria for correct answers and other characteristics of the Logic Service are determined by the Licensor independently. The Licensor has the right to change the structure, composition and content of any materials of the Massiana Service and materials posted on the Site without further notice to the User.
10.10. During the entire term of the User Agreement, the User must independently and in a timely manner (at least once a week) get acquainted with the published information on the Site.
10.11. The user assumes the risk of not getting access to the Massiana Service, the Complex Service, when such access is impossible for technical and other objective reasons.
10.12. The proper notification of the User is considered to be the placement by the Licensor of the relevant information on the Site.
10.13. The agreements reached between the Licensor and the User by exchanging messages by e- mail are recognized by the agreements and in writing.
10.14. All appendices to the User Agreement, both existing at the time of its conclusion and introduced and changed by the Licensor in the future, are its integral part.
10.15. In case you are interested in cooperation not covered by this User Agreement, please contact the appropriate email address other@massiana.cy
Legal address: 1071, Cyprus, Nicosia, 7 Dositheos Street, PARA BUILDING, Block C, Office C001, MASSIANA LTD