Tutor services usage agreement (End User License Agreement)

Sochi, Krasnodar Krai, Russian Federation

1. General provisions

1.1. LLC «Edu Forge» (referred to hereinafter as – the Company) suggests that the user of the information-telecommunication Internet network (referred to hereinafter as – the User) - should use Tutor services on the conditions, set forth in the present End User License Agreement (referred to hereinafter as - the Agreement). The agreement comes into effect from the moment when the User gives his/her consent to its conditions in the procedure, provided by the Agreement clause № 1.4.

1.2. All the services, existing at the present moment, as well as any kind of their development and/or addition of the new ones are a subject of this Agreement.

Services usage is regulated by this Agreement, Conditions of separate Tutor services usage, the Policy of confidentiality and processing of the personal data.

1.4. Having started using any materials and/or service, as well as its separate functions, or having undergone the registration procedure, the User is considered to have accepted conditions of this Agreement in full volume, without any reservations and exceptions.

1.5. In case of full or partial disagreement with conditions of this agreement, the User shall not be registered at Tutor services and shall restrain himself/herself from using any Tutor materials and services.

1.6. In case the Company has introduced amendments into this Agreement in the procedure, envisaged by the section 8 of this Agreement, which User does not agree with, he/she shall discontinue using Tutor materials and services.

2. Key terminology and definitions

2.1. The Company - Limited liability company “Edu Forge” (PSRN 1182375051165, TIN 2366005484, located at the address: Russian Federation, Krasnodar territory, city of Sochi, Constitutia of SSSR str., 34/1-4).

2.2. The site - compound product – is a set of programs for electronic computing machines and another information, contained in the informational system, access to which is provided by means of the information-telecommunication Internet network (referred to hereinafter as - "the Internet") at a domain denomination and/or network address, which allow identifying the site in the Internet network.

2.3. Tutor Service is a toolbox given by the Company for granting of Users’ access to the Company’s services.

2.4. The personal cabinet is a part of Tutor Service, created as a result of the User’s registration and used for the User’s interaction with the Company, the Executive and the others. Access to the Personal cabinet is carried out by using authentication data and after authorizing. The personal cabinet can differ for different categories of users.

2.5. User’s questionnaire is a blank, filling-up of which is necessary and sufficient for registration of a person as the User of the Company’s site. [U1]

2.6. User’s authentication data are the User’s personalized data (login and password) for granting him/her access to his/her Personal cabinet and identification of the personality as a particular User by the Company.

2.7. User’s authorization is the procedure of checking by the Company of the User’s input authentication data correctness for granting him/her access to his/her Personal cabinet on the Company’s site.

2.8. Authorized user is the User, who has been authorized.

2.9. Content is any information, allocated at Tutor Service.

3. User’s registration. Personal cabinet.

3.1. In order to use Company’s services, the User shall undergo registration procedure as the result of which a unique Personal cabinet will be created for him/her.

3.2. In order to register, User fills-up the Questionnaire, allocated at the Tutor Service site and which can be filled-up after pressing the button "registration" (“to be registered”). A symbol shall be put down in the special margin for a tick, which authenticates his/her consent with conditions of this Agreement and the Policy of confidentiality and processing of the personal data. If the User wants to use certain Tutor Services, he/she can be offered an opportunity to give consent to video recording of online-events with the User’s participation [U2]. In order to finish registration, the User follows a link, which is contained in the message, sent from Tutor Service at the e-mail address, specified at registration by the User. Clickthrough being completed, registration is considered to be finished.

3.3. The User shall afford authentic and full information about himself/herself on the questions, mentioned in the questionnaires, and shall keep this information up-to-date. If the User gives incorrect information or the Company has the grounds for believing that the information, given by the User, is incomplete or unauthentic, the Company has the right to block or delete the User’s entry account at own discretion and the User is refused to use his/her services.

3.4. The Company reserves the right at any moment to demand that the User should acknowledge the information, specified at registration, and to request in connection therewith the confirming documents (in particular - the documents proving his/her identity). If such action isn’t performed, the Company at own discretion can compare it with submission of unauthentic information and result in the consequences, provided by the clause 3.11 of this Agreement. In case the User’s data, specified in the given documents, does not correspond to that, specified during registration, as well as in the case, when the data specified during registration, does not allow identifying the user, the Company has the right to refuse access to the User to the personal cabinet and to the Company’s services.

3.5. The User’s personal information, contained in the User’s account entry, is stored and processed by the Company in accordance with the Confidentiality policy conditions and processing of the personal data. The Company guarantees that the User’s image will not be published, disseminated or otherwise used by the Company.

3.6. При регистрации Пользователь самостоятельно выбирает логин (уникальное символьное имя учетной записи Пользователя) и пароль для доступа к учетной записи. Компания вправе запретить использование определенных логинов, а также устанавливать требования к логину и паролю (длина, допустимые символы и т.д.). After registration the User can change a password for account entry access a number of times (or only so many times).

3.7. The user independently bears responsibility for safety of the means chosen by him/her for personal cabinet access, as well as independently provides their confidentiality. The user shall independently finish using each Tutor services session in his/her personal cabinet by quitting his /her personal cabinet (button "Exit").

3.8. The authorized User independently bears responsibility for all the actions and their consequences while using the Company’s services, including cases of voluntary data submission to the third parties for access to his/her Personal cabinet. All the actions within or with Tutor services usage in the User’s Personal cabinet are considered to have been performed personally by the User and generate legal consequences for the User, similar to his/her own signature usage in accordance with requirements of the Russian legislation, except for cases, when the User has notified the Company in the procedure, envisaged in the clause 3.9, of unauthorized access to Tutor services when the User’s authentication data and his/her personal cabinet are used and/or of any confidentiality authentication data access breach (suspicions of breach) to the personal cabinet.

3.9. The user shall notify the Company immediately of any case of unauthorized (which is not allowed by the User) access to the Company’s services when the User’s authentication data and his/her personal cabinet are used and/or when there is any confidentiality authentication data access breach (suspicions of breach) to the personal cabinet. In this case the User should send an electronic message at the electronic address: support@tutor.org or dial a telephone number +74997044774 for the purpose of blocking of the account with repeated authentication.

3.10. The User, while using his/her personal cabinet, has no right to reproduce, repeat and copy, sell and re-sell, as well as to use any Tutor services and/or their parts and/or access to them, for any commercial purposes, except those cases, when the User has been properly authorized by the Company.

3.11. The Company has the right to block or delete the User’s personal cabinet without explaining any reasons in case of User’s violation of the Agreement conditions and/or conditions of other documents, mentioned in the clause 1.3 of this Agreement.

4. General Tutor services usage conditions

4.1. The User uses Tutor services at his/her risk. Services and materials are submitted “as they are”, “when available” and “with all the errors”. The Company does not guarantee that the Site corresponds to the User’s purposes, desires and requests.

4.2. The user independently bears responsibility before the third parties for his/her actions, which he/she performs while using Service, but also if such actions lead to violation of the rights and legitimate interests of the third parties, as well as for compliance with the legislation, while using the Service.

4.3. While using of Tutor services, the User is prohibited from:

4.3.1. Copying, reproducing, reprinting, uploading, allocating, submitting, dissemination of any materials and information (content), received by means of Tutor Services, except for the cases, specially stipulated in any of the documents, specified in the clause 1.3 of this Agreement.

4.3.2. Using of the Company’s materials and services for creation of derived materials without reception of the preliminary written approval from the Company.

4.3.3. Using the information received by means of Tutor services, for commercial activity organization, profit extraction or for usage so that it , contradicts the law;

4.3.4. Copying or otherwise using Tutor services software component, as well as their design;

4.3.5. Allocating any personal data of the third parties at the Site without their consent, including home addresses, phone numbers, passport data, e-mail addresses;

4.3.6. Allocating of the commercial advertisements, commercial offers, agitation information or any other information at the Site except for cases, when such advertisement and/or the information allocation is coordinated with the Company;

4.3.7. Modifying in whatsoever way the Site software component, performing actions, aimed at modification of functioning and operativity of the Site;

4.3.8. Insulting and otherwise violating the rights, degrees of freedom and legitimate interests of other Tutor Services users, the third parties as well as groups of persons;

4.3.9. Allocating messages, which contain explicitly or implicitly appeals and result in stirring any kinds of discord, illegal actions accomplishment.

4.3.10. Allocating messages, which contain deliberately false information, slander, conducting communication with the network interaction ethics being violated, expressed in the form of display of various types of aggressive, humiliating and insulting behaviour, provocations, aimed at insulting of Tutor Services Users.

4.3.11. Using vulgar language.

4.4. The company recommends strongly adhering to the rules of business communication, addressing other Tutor Services Users formally (communication on first-name terms is permissible in cases when it does not provoke objections on the User’s part, whom it is addressed to).

5. Payment for Tutor services usage

5.1. Users’ access to some Tutor services requires payment. In this case Service usage cost, as well as payment procedure, are specified in the corresponding Tutor services usage conditions which are considered to be a supplement to this Agreement.

5.2. Tutor Services usage cost depends on the volume of services, rendered by means of Services, and can be established on the basis of tariffs. The tariffs conditions information is specified in the corresponding service usage Conditions.

5.3. Services usage cost can change under the Company’s decision that brings the corresponding Tutor Service usage Conditions modification in. Tutor Service usage cost change does not influence upon Tutor Service usage cost, payment of which has been performed by the User in full volume earlier. The Company notifies Users of the correspondent modification by the new cost Service reference allocation at the corresponding Site page, and if Service has been chosen, but has not been paid by the User, - in the Personal cabinet.

5.4. Services payment can be performed by one of following persons:

5.4.1. Fully competent User;

5.4.2. The lawful agent of incompetent or partially incompetent User;

5.4.3. The third party, which the User has entrusted fulfillment of monetary obligation to.

5.5. Services payment can be carried out by appealing to the Internet service providers of electronic payments system, specified on the page of payment. The User pays commission of the cash register system at his/her own expense. The amount of commission, collected by the cash register system, is calculated while paying.

5.6. Payment obligations are considered to have been fulfilled after receiving balance on the Company’s account, unless otherwise is envisaged by the certain Conditions of Tutor services usage.

5.7. The company does not bring hardware-software complex of providers’ payments under control and does not bear responsibility for errors in such hardware-technical complex. If the User’s monetary funds were written-off as a result of such errors, but payment has not been authorized by the provider, the electronic system payments provider fulfills obligations on return of monetary funds to the User.

5.8. The user independently bears responsibility for correctness of his/her payments.

6. Intellectual property issues

6.1. All the items, made available as a result of Tutor Services usage, including design elements, text, graphics images, illustrations, video, computer programs, databases, etc., as well as any content, allocated within the Company’s sites, are considered to be items of the Company, Users and other right holders, covered by exclusive rights. While using of Tutor Services, the User acknowledges and understands that the Site, its contents and structure are copyrighted, are protected by the right in a trademark and other rights to results of intellectual activity. All the trademarks, service marks, brand names and registration are considered to be the Company’s property. Methods of windowing for clipping of trademarks, logotypes and other operation information (including images, text, page layouts or page characteristics) without the Company’s preliminary written permission are prohibited against usage. Meta-tags and any "hidden text" with the title, trademarks and another Company’s operation information without the Company’s preliminary written permission are prohibited from using. All the rights, including those, which obviously have no respect for the Agreement, are protected.

6.2. Intellectual property items, listed in the clause 6.1 are subject to protection in accordance with the legislation of the Russian Federation.

6.3. The Company gives a limited, personal, non-exclusive, noncommercial, license, subject to be withdrawn and unliable to the third parties’ submission for previewing of Tutor Services content to each User, who has accepted this Agreement. The user has the right to use Tutor Services content only for personal needs. Registration as the User at Tutor Services is inseparably associated with the license for Services resources. No Tutor Services content rights whatsoever and items, specified in the clause 6.1 of this Agreement, including audiovisual products, work-books, lessons plans, images, educational and methodical materials, trademarks, except for those, directly specified in this Agreement, shall pass to the User.

6.4. The User is prohibited from copying, modifying, changing, deleting, adding, publishing, submitting of the exclusive rights items and personal non-property rights, contained within Tutor Services, creating derivative works, making or selling products on their basis, reproducing, representing or by any other means exercising such rights without direct written permission, granted by their holders and owners. Semantic elements of content of Services usage by the User, as well as any other content for personal noncommercial usage, is qualified for preservation of all the copyright symbols, allied rights, trademarks, other authorship notifications, preservation of the name (or pseudonym) of the author/name of a right holder without any substantial modifications, preservation of the correspondent item unchanged. The exception is provided by the cases, directly envisaged by the legislation of the Russian Federation.

6.5. In case if the User, while using Tutor Services, has left on the Site or has sent messages, notes, suggestions, images and another information at the address of the Company, such information becomes the Company’s property. Similar information is not subject to any confidentiality obligation on the part of the Company. The Company does not bear responsibility for its usage or disclosure. The Company owns such information to a great extent. The company has the right to unrestricted usage of such information in commercial or any other purposes without payment of remuneration to the User, who has sent it. Uploading any information on the Site or submitting this information of the Company, while using Tutor Services, the User gives a constant, royalty-free, irrevocable and non-exclusive license to the Company for usage, reproduction, modification, adaptation, updating, publication, submission, public performance and display, creation of derivative products and dissemination of such materials or their inclusion in any form, means or technology, already known or developed in future, except for the cases, envisaged in the separate Tutor services usage conditions.

7. Reservations. Responsibility restriction.

7.1. The User uses Tutor Services at his/her own risk.

7.2. The Company does not guarantee that: the site and its services correspond/will correspond to the User’s demands; services will be afforded steadily, quickly, reliably and without errors; the results, which can be received with services being used, will be accurate and reliable and can be used for any purposes or in any quality (for example, for verification and/or certification of any facts); quality of any product, service, information, etc., received as a result of Tutor Services usage, will correspond to the User’s expectations. Employees of the Company, representatives, agents and other persons acting as the Company’s authorized representative, have no right to examine the Company’s services, site content, any information, connected with the Company’s activity as direct or indirect guarantees on behalf of the Company. Any guarantees of this kind are null and void. The Company does not guarantee absence of errors and defects on Tutor Services, as well as fail-safety access to Services which can depend on the technical data of the equipment and software, as well as on network connection, used by the User.

7.3. Any information and/or materials (including the uploading software, letters, etc.), access to which the User is granted by using Tutor services, the User can use at his/her own risk and independently bears responsibility for possible consequences of specified information and/or materials usage, including for damage, which can be caused to the User’s computer or the third parties, for data loss or any other harm.

7.4. Any other Website links, contained in Tutor Services, are given by the Company for Users’ Services resources performance optimization. By granting such Website links, the Company does not finance and does not recommend the Websites, accessible under the links, or materials and services disseminated or represented by them, and does not bear responsibility for materials, services and situations, which have arisen, while using a site, link to which is allocated at the Company’s site. The Company has the right to disconnect links to Tutor Services from any alien sites. The Company does not give any guarantees concerning the content of the sites, listed on Tutor services. The Company does not bear responsibility for accuracy, priority, copyright observance, validity of the content of the sites, specified in the search results or otherwise connected with Tutor Services. The Company is not responsible for accuracy, content or accessibility of the information on sites, which link to Tutor Services or which have links to the Company’s Site. The Company does not guarantee Users’ needs satisfaction by products or services, which are received by means of Tutor Services or on an alien site, which links to Tutor Services or which has links to the Company’s Site, or alien content of the Site.

7.5. The Company does not bear responsibility for any kinds of losses, while Tutor Services or its separate parts are used by the User. The Company does not bear responsibility for User’s Tutor Services information accuracy and authenticity. The Company does not bear responsibility for possible consequences of allocation of the information about the User or his/her activity at the Internet network.

7.6. The Company does not bear responsibility for input of incorrect or inaccurate information because of Users’ guilt or any equipment or program, connected with Tutor Services, or owing to a technical or human error, which can occur in the course of processing of the information, connected with Services.

7.7. In case of violation of conditions of this Agreement, separate Tutor services usage conditions, the legislation of the Russian Federation, rules of morality, good morals by the User, as well as in cases if the User, according to the Company, oversees himself/herself, aspires to make angry, insult, oppress the other people or to threaten them, or is characterized by any other ruffianly behaviour, the Company has the right at own discretion:

7.7.1. To block or delete the User’s Personal cabinet;

7.7.2. To prohibit or limit User’s access to all the Tutor services or to its separate Services, including to the services rendered, on their basis. Application of measures, specified in the clauses 7.7.1, 7.7.2 of the End User License Agreement, does not limit the Company’s right to hold back cost of access to any of Tutor services as the one, which was paid, but was not used, as the penalty for Tutor Services conditions usage violation.

7.8. If any Tutor Service does not work properly whatsoever the reason is, including as a result of computer virus infection, malfunctions, attack, unauthorized tampering, deceitful practices, program failures both on the part of the Company as well as on the part of the User so that the User cannot be granted Tutor Services or its separate services access, such a situation is considered to be force majeure circumstance and releases the Company from responsibility.

7.9. The User bears responsibility for all the actions, performed in the Personal cabinet. The User takes on independent, full responsibility for user’s authentication data safety, for losses and another harmful consequence which can be caused owing to this unauthorized data usage. The User bears responsibility for any actions, aimed at modification or violation in Tutor Services work, as well as for attempts of the specified actions performance and unconscientious usage of the Company’s resources.

8. Modification and addition of the Agreement conditions

8.1. In case the Company makes amendments to the End User License Agreement, such modifications come into effect from the moment of allocation of the amended text of the End User License Agreement in the information-telecommunication Internet network at the Company’s Site, unless another term of amendments entry into force is determined in addition in the Offer of the End User License Agreement modification.

8.2. Prior to using Tutor Services, every time the User uses Services and the Company’s services in the Personal cabinet, he/she shall inform himself/herself of the Agreement modification and Tutor Services conditions, which the User is supposed to use. If the User continues using Tutor Services and the Personal cabinet, it will mean that he/she agrees with the Agreement modification conditions and corresponding Services usage conditions.

8.3. If the User disagrees with the Agreement modification conditions, he/she shall stop using Tutor Services.

8.4. If access to chargeable Tutor Services was paid, but was not used by the User, who doesn’t agree with the Agreement modification, he/she shall notify the Company of such a situation, by sending a message at the e-mail address info@tutor.ru. In this case the User can continue using the Personal cabinet only for access to the correspondent chargeable Services. Upon completion of the chargeable access term, the User shall stop using Service. If the User uses the Personal cabinet through other means, except for using the chargeable access to particular Tutor Service, it means that the User has accepted the Agreement modification conditions.

9. Final provisions

9.1. The present Agreement is an agreement between the User and the Company concerning Tutor Services usage procedure.

9.2. This Agreement is regulated and interpreted in accordance with the legislation of the Russian Federation. The issues, which have been not settled by this Agreement, are subject to settlement in accordance with the legislation of the Russian Federation. All the possible disputes, resulting from relations, regulated by this Agreement, are resolved in the procedure, established by the current legislation of the Russian Federation, by the Russian law standards.

9.3. In view of gratuitousness of the services, rendered within this Agreement, the consumers’ rights protection legislation is not applied to relations between the User and the Company.

9.4. Nothing in the Agreement can be understood as establishment of agency relations, partnership relations, co-operation relations, relations of personal employment, or any other legal relations, which are not provided directly by the Agreement between the User and the Company.

9.5. If for whatsoever reasons one or several clauses of this Agreement are declared invalid or having no legal force, such a situation will not exert influence on validity or applicability of the remaining clauses of this Agreement.

9.6. The User and the Company will aspire to resolve all the disputes, disagreements and pretensions, which can appear in connection with fulfillment, termination or declaration of this Agreement as being invalid, through negotiations. The party, which has pretensions and/or disagreements, sends a message with these pretensions and/or disagreements, being specified, to the other Party. The message is sent properly if it is sent to the User at the e-mail address - at the e-mail address, specified during registration; if it is sent to the Company – support@tutor.org.

9.7. In case of impossibility of settlement, disputes under this Agreement between the Company and the User, which have not been resolved within 30 calendar days from the moment of the first pretension reception, are subject to resolution in the court in accordance with the legislation of the Russian Federation.

10. Company’s data

Company - limited liability company «Edu Forge»
(PSRN 1182375051165, TIN 23266005484),
located at the address: Krasnodar territory, city of Sochi, Constitutia of SSSR str., 34 /1-4
General director of LLC «Edu Forge» - Pavlova Maria Grigorievna
Contact phone: +7 (800) 555-06-20
E-mail address: support@tutor.org Record number in the register of Federal Service for Supervision in the Sphere of Telecom, Information Technologies and Mass Communications: 23-18-009436

Bank details

Settlement account: 40702810426170002489 in the Branch office "Rostovskiy" of limited company "Alpha bank",
BIC 046015207
c/a 301 018 105 000 000 002 07 in Rostov-on-Don department.