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 Simpler 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 Simpler (hereinafter - Simpler) - 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
Simpler 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 Simpler 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 Simpler 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 Simpler Mobile
Application, activated sequentially for the Licensee to obtain a certain result in the Simpler
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: "Detective
stories", grammar simulators in each lesson, practical tasks to improve English listening
comprehension, the additional ability to repeat words after typing them on the keyboard, two
additional daily groups of 10 new words named "Chests", regular tests named "Checkpoints". 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.
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 Simpler
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 Simpler 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 Simpler Mobile
Application from the "Apple AppStore" application store; from the Licensee's Google Play
account, if the Licensee has installed the Simpler Mobile App from the "Google Play" app
store; from Licensee's Huawei account if Licensee has installed the Simpler 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 Simpler Mobile Application.
Mobile part - the software that has to be installed on the
Licensee's mobile device for the use of the Simpler 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 Simpler Mobile
Application in accordance with its functional purpose, unless this Agreement states otherwise.
Territory - the territory, where the use of the Simpler 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 Simpler Mobile Application. Unless otherwise provided by this Agreement, the right to
use the Simpler 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://simpler.link/terms-of-service.
General information
The Licensor grants the Licensee the right to use the Simpler 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 Simpler Mobile Application;
sending requests and/or performing other actions listed in the relevant section of the
Simpler 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 Simpler 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 Simpler Mobile Application, and therefore the Licensee must uninstall
the Client's Product if it is installed and stop any use of the Simpler Mobile Application.
A prerequisite for granting a non-exclusive license for the use of the Simpler 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://simpler.link/privacy-policy,
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 Simpler
Mobile Application and/or on the relevant pages (in sections) of the mobile application
store, through which the Licensee can install the Simpler 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
Simpler
The Licensee may use the Simpler Mobile Application during the Period and within the Territory
in the following ways:
Using the Client's Product of the Simpler Mobile Application by installing it into the
memory of the Licensee's mobile device in order to further use the Simpler Mobile
Application in accordance with its functional purpose;
Using unlocked data and commands to achieve a certain result provided by the
functionality of the Simpler 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 Simpler Mobile
Application.
Exclusive rights to the Simpler 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 Simpler 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 Simpler Mobile Application in ways not provided for in this Agreement , and (or)
outside the scope of the functionality implemented in the Simpler 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 Simpler Mobile Application provides the Licensee with the functionality to save the learning
progress and restore it when reinstalling the Simpler 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 Simpler 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://simpler.link/terms-of-service;
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 Simpler 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 Simpler Mobile Application and/or any
component of the Simpler 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 Simpler 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 Simpler Mobile Application is not the
provision of educational services. The Licensee agrees that after using the Simpler 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 Simpler 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 Simpler
Mobile Application.
The Licensor has the right to establish any rules, limits and restrictions (technical, legal,
organizational or otherwise) on the use of the Simpler Mobile Application in general and any of
its elements, as well as the Content and materials provided through the Simpler Mobile
Application, and may change them at their sole discretion, without prior notice to the Licensee.
The use of the Simpler 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 Simpler
Mobile Application is free from errors or bugs; the Simpler Mobile Application will meet the
requirements or expectations of the Licensee; access to the Simpler 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 Simpler Mobile Application
will meet the expectations of the Licensee; all errors in the operation of the Simpler Mobile
Application will be corrected.
Since the Simpler 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 Simpler Mobile Application without
prior notice to the Licensee.
The Licensor is not responsible for interruptions in the operation of the Simpler 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 Simpler 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 Simpler 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 Simpler Mobile Application.
The Licensor is not responsible for the actions of the Licensee in connection with the use of
the Simpler 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 Simpler 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 Simpler Mobile
Application about important events occurring within or in connection with the Simpler Mobile
Application. The Licensee agrees to receive push notifications from the Simpler Mobile
Application on a mobile device, including reminders and other notifications provided by the
functionality of the Simpler Mobile Application. The Licensee is given the opportunity to set
push notification rules in the settings of the Simpler 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 Simpler Mobile Application and / or about changing the functionality and
/ or providing special conditions for access to the Simpler Mobile Application and / or about
changing tariffs, as well as to provide any other information relating to the Simpler 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 Simpler 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 Simpler 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 Simpler 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 Simpler Mobile Application are governed by the
Privacy Policy (https://simpler.link/privacy-policy).
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://simpler.link/terms-of-service.
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 Simpler Mobile
Application, as well as possible violation of the law and / or rights of third parties, should
be sent to help@simpler.link.
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 Simpler 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://simpler.link/terms-of-service,
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 Simpler 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 Simpler 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 Simpler 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 Simpler 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 Simpler Mobile Application, including unlocked
and locked data and commands, as well as other components of the Simpler Mobile Application, in
the following order:
In the event the technical support of the Simpler Mobile Application is discontinued,
the
Licensor is obliged to send a relevant notice to the Licensee or publish a corresponding
notice in the Simpler Mobile Application and (or) in the application store, from which
Licensee may install the Simpler Mobile Application no less than 90 (ninety) calendar
days prior to the date of termination of support for the Simpler 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 Simpler
Mobile Application, including any of its elements and components, and deletes the Client's
product of the Simpler 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 Simpler 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 Simpler Mobile
Application throughout its existence.