These terms of service (hereinafter referred to as "Terms") govern the relationship between Goodvyzn LLP,
hereinafter referred to as the "Licensor",
and the end user, hereinafter referred to as the "Licensee", in the form of an Agreement and in connection
with the use of the Clew mobile
application. The Agreement will be concluded based on the terms and conditions stated below.
Definitions used for the purpose of these Terms of
Service:
Mobile application - a computer program and/or database.
Mobile application Clew (hereinafter - Clew) - an interactive
virtual training program in the form of a
collection of data, commands that generate audio and visual material (hereinafter referred to as
data and commands), activated sequentially to
obtain a certain result by the Licensee free of charge for the set of unlocked data and commands
or for a specified fee for the locked data and
commands. The rights to use data and commands (unlocked and locked) are granted by the Licensor
to the Licensee under a simple (non-exclusive)
license in accordance with the terms of these Agreement.
Licensor - Goodvyzn LLP, legal address: Kazakhstan, 050028,
Almaty, Kokzhiek district, building 11 office 20, BIN
220340025338, which grants the use of the Clew mobile application under a non-exclusive license
in accordance with this Agreement.
Licensee - an individual who, in accordance with this Agreement,
is granted the right to use the Clew Mobile
Application bound by the limits stated in this Agreement.
Content - illustrations, graphics, scripts, works of literature,
texts, phonograms, performances, information,
audio, video materials, educational materials and other results of intellectual activity or
other elements, the exclusive rights to which belong
to the Licensor and are included in or provided by the Clew Mobile Application.
Rights to locked data and commands - the rights specified in this
Agreement to use data, commands that generate
audio and visual material in the Clew Mobile Application, activated sequentially for the
Licensee to obtain a certain result in the Clew
Mobile Application, acquired by the Licensee after payment of a predetermined Fee. Locked data
and commands must be activated by the Licensee,
including, but not limited to: the functionality of granting access to the book-reading service.
The exclusive right to locked data and commands
belongs to the Licensor, therefore no offers of third parties to provide locked data and
commands or their versions of them can be regarded as offers
coming from the Licensor. The user is granted access to the book-reading service, but the books
themselves are not provided.
Fee - payment to the Licensor for granting the Licensee the
Rights to locked data and commands within the limits
established by this Agreement. The amount of the fee is determined by the Licensor by setting
the appropriate tariffs and depends on the name,
share of the Rights granted to the Licensee for locked data and commands and (or) the period of
their use. The amount of the fee is determined
by the Licensor and is indicated in the relevant sections in the application stores from which
the Licensee can install the Clew Mobile
Application. The Licensee can independently choose the frequency of payment and the tariff for
using the Rights to locked data and commands from
a set of options offered by the Licensor: for example, a month, a year, or a one-time payment.
If the Licensee is granted the Rights to locked
data and commands on a subscription basis, which involves charging for the use of locked data
and commands with a certain frequency, the
conditions for setting up the subscription, unsubscribing, renewing the subscription (including
automatically), as well as the terms for
charging for the Subscriptions and providing refunds are solely subject to the terms and
policies of the respective app stores, which the
Licensee used to install the Clew Mobile Application on their mobile device.
The amount of the fee and its collection procedure may be changed by the Licensor by posting
the relevant information in the application
stores at any time without prior notice to the Licensee.
In the process of Licensee acquiring Rights to locked data and commands, payment will be
made: from the Licensee's iTunes account, if the
Licensee has installed the Clew Mobile Application from the "Apple AppStore" application
store; from the Licensee's Google Play account, if
the Licensee has installed the Clew Mobile App from the “Google Play” app store; from
Licensee's Huawei account if Licensee has installed
the Clew Mobile App from the "Huawei AppGallery" app store. The Licensee can manage his
subscriptions after they are connected and disable
auto-renewal in the settings of his Account of the application store from which the Licensee
installed the Clew Mobile Application.
Mobile part - the software that has to be installed on the
Licensee's mobile device for the use of the Clew
Mobile Application. The Client’s Product can be downloaded from the Internet free of charge and
used within the limits of the use of unlocked
data and commands, for the purpose of subsequent non-commercial use of the Clew Mobile
Application in accordance with its functional purpose,
unless this Agreement states otherwise.
Territory - the territory, where the use of the Clew Mobile
Application by the Licensee is allowed under the
terms of this Agreement, which includes the territory of all and any countries of the world.
Period - the period of time during which the Licensee is entitled
to use the Clew Mobile Application. Unless
otherwise provided by this Agreement, the right to use the Clew Mobile Application is granted to
the Licensee for the duration of this
Agreement.
Terms of Service - the text of this Agreement concluded between
the Licensor and the Licensee, with all annexes,
changes and amendments to it, available on the Internet at:
https://clewbook.app/terms.
General information
The Licensor grants the Licensee the right to use the Clew Mobile Application under the terms of
a simple non-exclusive license and within the
limits specified in this Agreement. The Licensee is to comply with this Agreement and the
provisions of other mandatory documents that are its
integral part, stated directly in this Agreement.
The Licensee is granted the Right to use locked data and commands under the terms of this
Agreement, subject to the prepayment of the Fee to
the Licensor.
Agreeing to the Terms (acceptance of this public offer) means the full and unconditional
acceptance of the terms of the Agreement and is ensured
by the Licensee by performing one (or more) of the following actions:
the familiarization of the Licensee with the Agreement and accepting the Terms by
clicking the "I accept the terms of service" button or
similar in meaning;
the registration and (or) authorization in the Clew Mobile Application;
sending requests and/or performing other actions listed in the relevant section of the
Clew Mobile Application aimed at obtaining the
Right to locked data and commands on the terms of the selected tariff;
paying a fee for granting the Right to locked data and commands on the terms of the
selected tariff;
the use of the Clew Mobile Application in any way.
Performance any actions by the Licensee stated in clause 2.2. Agreement, in accordance with the
Civil Code of the Kazakhstan confirms the
familiarization and full unconditional acceptance of the conditions set forth in this document,
and is the acceptance of the Licensor's offer
and the Terms of Service stated in this Agreement. The Licensee is obliged to comply with the
Terms of the Agreement. If the Licensee does not
agree with the terms of the Agreement, the Licensee is not entitled to use the Clew Mobile
Application, and therefore the Licensee must
uninstall the Client’s Product if it is installed and stop any use of the Clew Mobile
Application.
A prerequisite for granting a non-exclusive license for the use of the Clew Mobile Application
is the unconditional acceptance and compliance
by the Licensee of the requirements and provisions applicable to the relations of the Parties
under the Agreement, bound by the following
documents:
Privacy Policy posted on the Internet at:
https://clewbook.app/privacy,
which defines the rules for processing
the Licensee's personal data.
Tariff terms posted and/or available on the relevant pages (in sections) of the Clew
Mobile Application and/or on the relevant pages (in
sections) of the mobile application store, through which the Licensee can install the
Clew Mobile Application on his mobile device,
containing information on the scope of Rights to locked data and commands, the terms for
granting access to them, the procedure and
conditions for paying the Fee to the Licensor and other conditions for granting Rights
to locked data and commands.
The binding documents specified in clause 2.4. of this Agreements are an integral part of the
Terms of Service.
Limitations during the use of the Mobile Application
Clew
The Licensee may use the Clew Mobile Application during the Period and within the Territory in
the following ways:
Using the Client’s Product of the Clew Mobile Application by installing it into the
memory of the Licensee's mobile device in order to
further use the Clew Mobile Application in accordance with its functional purpose;
Using unlocked data and commands to achieve a certain result provided by the
functionality of the Clew Mobile Application;
Activating locked data and commands after paying the Fee to the Licensor and using them
to achieve a certain result provided by the
functionality of the Clew Mobile Application.
Exclusive rights to the Clew Mobile Application as a whole, including its Content, design,
educational materials, as well as any of their
components, fragments and elements, as well as the exclusive right to the database, which is a
collection of educational materials and other
objects, including their selection and location belong to the Licensor.
The Clew mobile application is intended solely for personal non-commercial use within its
technical capabilities and functionality. Any
copying, reproduction (except for the permitted copying and reproduction for the purpose of
lawful use provided for in this Agreement),
processing, modification, distribution, publishing or copying the application’s code, or other
use of the Clew Mobile Application in ways not
provided for in this Agreement , and (or) outside the scope of the functionality implemented in
the Clew Mobile Application in the form in
which it is placed by the Licensor in mobile application stores, as well as any use for
commercial purposes is prohibited.
The Clew Mobile Application provides the Licensee with the functionality to save the learning
progress and restore it when reinstalling the
Clew Mobile Application, namely: the Licensee's dictionary, the Licensee's completed tasks, the
number of sequential days of classes completed
by the Licensee. The specified data is not, in accordance with applicable law, the personal data
of the Licensee.
The Licensor’s obligations
The Licensor is obliged to:
Provide the Licensee access to use the Clew Mobile Application in compliance with the terms and
conditions set forth in this Agreement;
Notify the Licensee of any changes to the terms of this Agreement by publishing information on
the Internet site
https://clewbook.app/terms;
Grant the Licensee the right to use the unlocked data and commands free of charge;
Grant the Licensee the right to use locked data and commands on the terms of the selected tariff
in accordance with the terms of this Agreement
and the documents specified therein provided the Fee is paid. Granting the Licensee the right to
use locked data and commands is carried out on
the terms of the selected tariff, established on the date of payment, from the moment of payment
and until the end of the paid license term,
taking into account the conditions for terminating the license in case of early termination of
the Agreement on the grounds provided for in this
Agreement and (or) applicable law.
The Licensee’s obligation
The licensee is obliged to:
Comply with the terms of this Agreement;
Use the Clew Mobile Application solely within the limits of the rights and methods of use stated
in this Agreement;
Not violate the Licensor's exclusive right to the Clew Mobile Application and/or any component
of the Clew Mobile Application. In
particular, the Licensee does not have the right to copy, broadcast, distribute, publish, and
otherwise distribute and reproduce materials
(text, graphics) and other Content included in or provided through the Clew Mobile Application
without the written consent of the Licensor;
Comply with other requirements and fulfill other obligations stipulated by this Agreement.
Other terms. The limitation of the Licensor's
Obligations
The Licensor’s granting simple license to use the Clew Mobile Application is not the provision
of educational services. The Licensee agrees
that after using the Clew Mobile Application, he cannot claim any confirming certificates or
diplomas. The Licensor does not guarantee that
the Licensee will acquire knowledge and (or) improve the level of foreign language proficiency
as a result of using the Clew Mobile
Application.
The Licensee agrees that the Licensor may deliberately simplify the rules of English grammar and
translation options for English words in order
to increase the efficiency of learning. The Licensor is not responsible for the exclusion of any
English grammar topics from the Clew Mobile
Application.
The Licensor has the right to establish any rules, limits and restrictions (technical, legal,
organizational or otherwise) on the use of the
Clew Mobile Application in general and any of its elements, as well as the Content and materials
provided through the Clew Mobile
Application, and may change them at their sole discretion, without prior notice to the Licensee.
The use of the Clew Mobile Application is provided to the Licensee on an "as is" basis in
accordance with this Agreement. Therefore the
Licensor provides no guarantee that: the Clew Mobile Application is free from errors or bugs;
the Clew Mobile Application will meet the
requirements or expectations of the Licensee; access to the Clew Mobile Application will be
provided continuously, quickly, securely and
without errors; the results that can be obtained using unlocked and/or locked data and commands
will be accurate and reliable; the quality of
any product, service, information and other content obtained using the Clew Mobile Application
will meet the expectations of the Licensee; all
errors in the operation of the Clew Mobile Application will be corrected.
Since the Clew Mobile Application is constantly being developed and updated, the name and
composition of the provided functions may change
from time to time without prior notice to the Licensee. The Licensor has the right, at its sole
discretion, to terminate (temporarily or
permanently) the operation of any individual functions of the Clew Mobile Application without
prior notice to the Licensee.
The Licensor is not responsible for interruptions in the operation of the Clew Mobile
Application in the event of software or equipment
failures of third parties.
The Licensor is not responsible for the suspension of the operation of the Clew Mobile
Application based on the request of a competent
government agency or an application store.
The Licensor shall not be liable for interruptions in access and use of the Clew Mobile
Application related to scheduled or emergency
technical work, replacement of equipment, software or other work caused by the need to maintain
the operability and development of the
Licensor's technical means.
The Licensor is not responsible for the functioning and availability of individual segments of
the communication network. The Licensor does not
guarantee information exchange with those nodes or servers that are temporarily or permanently
unavailable via the communication network.
The Licensor is not responsible for ensuring the security of the equipment and software of the
Licensee used to work with the Clew Mobile
Application.
The Licensor is not responsible for the actions of the Licensee in connection with the use of
the Clew Mobile Application, including its
additional functionality. The Licensor's liability is stated within the terms of this Agreement.
The Licensor's total financial liability, within the Terms of the Agreement, is limited to the
documented damage caused to the Licensee in an
amount not exceeding the amount of the Fee paid by the Licensee in the period in which such
damage was caused.
The Licensee acknowledges and agrees that the use of a granted a license to the Clew Mobile
Application for free does not fall under consumer
protection legislation.
The Licensee agrees to receive informational emails (hereinafter referred to as “notifiers”)
from the Licensor to the email address specified
during registration in the Clew Mobile Application about important events occurring within or in
connection with the Clew Mobile
Application. The Licensee agrees to receive push notifications from the Clew Mobile Application
on a mobile device, including reminders and
other notifications provided by the functionality of the Clew Mobile Application. The Licensee
is given the opportunity to set push
notification rules in the settings of the Clew Mobile Application on the Licensee's mobile
device.
The Licensor has the right to use notifiers and push notifications to inform the Licensee about
the capabilities of the Clew Mobile
Application and / or about changing the functionality and / or providing special conditions for
access to the Clew Mobile Application and / or
about changing tariffs, as well as to provide any other information relating to the Clew Mobile
Application.
In the event of a significant violation or repeated violations by the Licensee of the terms of
the Agreement or other binding documents, the
Licensor has the right to block the account of the Licensee completely or limit (terminate) the
rights to use the Clew Mobile Application for
a certain period or indefinitely.
The Licensor reserves the right to place advertising materials and links to other resources in
special blocks in the Clew Mobile Application.
The Licensor is not responsible for these advertising materials and the availability of such
resources, for their content, as well as for any
consequences associated with the use of these resources, their content or advertising.
In case of one or more provisions of the Agreement has been recognized in the due manner by a
court as invalid, this does not deem the entire
Agreement invalid. In the event that one or more provisions of the Agreement are recognized
invalid in the prescribed manner, the Parties
undertake to fulfill the obligations assumed under the Agreement in a manner as close as
possible to those implied by the Parties when
concluding and / or agreed to amend the Agreement.
This Agreement and the relationship of the Parties in connection with this Agreement and the use
of the Clew Mobile Application are governed
by the laws of the Kazakhstan.
The rules for processing the Licensee's personal data and other data that the Licensor receives
in connection with the Licensee's use of the
Clew Mobile Application are governed by the Privacy Policy (https://clewbook.app/privacy).
The terms of this Agreement with all changes, additions, updates are available at:
https://clewbook.app/terms.
The terms of this Agreement may be changed by the Licensor without any special notice to the
Licensee. The new version of the License Agreement
comes into force from the moment it is posted on the Internet at the address indicated above,
unless otherwise provided by the new version of
the License Agreement. The current version of the License Agreement is always located on the
page at:
https://clewbook.app/terms.
All disputes of the Parties in relation to this Agreement shall be resolved through
correspondence and negotiations using the mandatory
pre-trial (claim) procedure. If it is impossible to reach an agreement between the Parties
through negotiations within sixty (60) calendar days
from the moment the other Party receives a written claim, the dispute may be submitted by any
interested party to the court at the place of
registration of the Licensor in accordance with the procedural law of the Kazakhstan, for
exception to conflict of laws rules.
All questions, appeals and claims related to the use / inability to use the Clew Mobile
Application, as well as possible violation of the law
and / or rights of third parties, should be sent to apps@vyzn.io.
Any notifications, unless otherwise provided by the Agreement, may be sent by one Party to the
other Party: 1) by e-mail a) to the e-mail
address of the Licensee specified by him when concluding the Agreement if the recipient is the
Licensee, and b) to the e-mail address mail of
the Licensor from the email address of the Licensee specified by him when concluding the
Agreement; 2) sending an electronic message to the
Licensee in the Clew Mobile Application.
Period of validity, amending and terminating the
Agreement
The Agreement between the Parties is in effect upon its acceptance in the manner prescribed by
this Agreement and shall be valid for 1 (one)
year. The validity of the Agreement is automatically extended every 6 (six) months, unless it
was terminated at the initiative of one of the
Parties by sending a corresponding notice to the other Party at least 30 (thirty) calendar days
before the expiration of the Agreement. In the
event of termination of the Agreement in the specified manner, the Licensor shall not return any
funds to the Licensee and shall not make any
other compensation, including losses of any kind.
If changes are made to the Terms of Service, the updates become valid from the moment the new
version of the Terms of Service is posted at:
https://clewbook.app/terms,
unless another validity period is
specified in the Terms of Service or in the corresponding notice during amendments. In the event
of a change in the Agreement by the Licensor
and the start of their validity, the use of the Clew Mobile Application or performing other
actions stated in clause 2.2. Agreement means the
Licensee consents to the specified changes and the Agreement on the new terms. The Licensee is
not released from any obligations and is also
responsible for the violation of the Agreement, if such obligations or liabilities are stated in
the Agreement, taking into account the changes
made to it, including if the Licensee has not read the changes in the Agreement.
The Licensee is not entitled to use the Clew Mobile Application if he does not agree with the
changes made to the Agreement. In this case, the
Licensee has the right to terminate the Agreement within 10 (ten) calendar days after the
Licenser posts a publication about changes to the
Agreement or sends a notification by e-mail or in the Clew Mobile Application. If a decision is
made to terminate the Agreement, the Licensee
is obliged to send the Licensor a notice of termination of the Agreement by e-mail. If within
the above period the Licensee has not sent a
corresponding notice, the Licensee is considered to have accepted the terms of this Agreement,
taking into account the changes made to it.
After receiving from the Licensee a notice of termination of the Agreement, the Licensor
suspends the Licensee's access to the Clew Mobile
Application, including blocking the Licensee's account. At the same time, the Licensor does not
make any refunds to the Licensee and does not
compensate any sort of losses.
The Licensor has the right terminate this Agreement at any time without court ruling, which
entails the termination of the ability to use the
Clew Mobile Application, including unlocked and locked data and commands, as well as other
components of the Clew Mobile Application, in the
following order:
In the event the technical support of the Clew Mobile Application is discontinued, the
Licensor is obliged to send a relevant notice to
the Licensee or publish a corresponding notice in the Clew Mobile Application and (or)
in the application store, from which Licensee may
install the Clew Mobile Application no less than 90 (ninety) calendar days prior to the
date of termination of support for the Clew
Mobile Application. In this case, the Licensor does not pay the Licensee any
compensation and, among other things, does not refund the Fee
(or part of it) for granting the Right to locked data and commands to the Licensee.
In the event the Licensee makes one significant or several violations of the terms of
this Agreement and other binding documents, the
Licensor has the right to terminate this Agreement without court ruling and without
sending any notification to the Licensee. In this case,
the Licensor does not pay the Licensee any compensation and, among other things, does
not refund the Fee (or part of it) for granting Rights
to locked data and commands.
At any time and without notice to the Licensor, the Licensee has the right terminate this
Agreement in full without court ruling, provided that
the Licensee stops using the Clew Mobile Application, including any of its elements and
components, and deletes the Client’s product of the
Clew Mobile Application from the memory of the Licensee’s mobile device.
The Licensee's termination of the Agreement can be carried out by deleting their account from
the Clew Mobile Application or deleting the
Client’s product from the memory of the mobile device, while maintaining the obligations and
liabilities of the Licensee that arose before the
Licensee performed these actions. In this case, access to unlocked and locked data and commands
provided to the Licensee may be terminated by
the Licensor without the possibility of recovery. In this case, the Licensor does not pay the
Licensee any compensation and, among other things,
does not refund the Licensee the Fee (or part of it) for granting Rights to locked data and
commands.
The Licensee confirms that the Licensor has the unconditional right to change the terms of the
binding documents specified in this Agreement,
and that such changes do not have to necessarily change this Agreement.
Binding documents are approved and amended by the Licensor at its own discretion and brought to
the attention of the Licensee in the manner
provided for notifying the Licensee of a change in the Terms of Service.
The Licensor does not assume any obligations and that would guarantee the support, further
development and implementation of interactive
functionality and services in the Clew Mobile Application throughout its existence.