END USER LICENSE AGREEMENT
PLEASE NOTE:
Before installing or otherwise using the IELTS Speaking Assistant app (hereafter referred to as the Software) or purchasing IELTS preparation materials (hereafter referred to as the Ebooks) produced or services (hereafter referred to as the Services) provided by Virtual Education Company, you are required to read this End User License Agreement carefully because installing, copying, or using the Software, Ebooks and services otherwise constitutes your consent to conclusion of this End User License Agreement and to fulfilling all of its terms.

This End User License Agreement comes into force and becomes legally effective for the Parties from the moment of installation the IELTS Speaking Assistant application on your device or purchasing any study materials on the website; you may not object to any of the items in this End User License Agreement nor refer to the vagueness or to the obscurity of its terms.

You must remember that the right to the Software, Ebooks and services is protected by copyright law and by international treaties. Failure to comply with the terms of this End User License Agreement may constitute grounds for bringing you to justice and to filing lawsuits by the company.

By concluding this End User License Agreement, you confirm that you possess the civilian capacity to the extent necessary in accordance with the law of the country in which you are located that allows you to enter into agreements of this nature.

  • 1. Definitions of Terms

    • 1.1. End User License Agreement means this End User License Agreement, according to which the Licensor transmits, and the End User accepts, the non-exclusive right to install the Software on a mobile device and download Ebooks and to use them within the stipulated period.

    • 1.2. License means a limited (non-exclusive) right to install and use the Software, Ebooks and services within a specified period or without a term limitation as provided for by the Licensor to the End User for a fee.

    • 1.3. Licensor means the Company.

    • 1.4. Company means Virtual Education OÜ, which is duly registered in accordance with the current legislation of the Estonia and is located at: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 38, 10152

    • 1.5. Computer means a software-driven device for processing information and includes a smartphone, or any other electronic device that works using the software and on which the Software is installed.

    • 1.6. Software means the IELTS Speaking Assistant App downloaded on www.ielts-assistant.org, Google Play Store or the AppStore of which the rights holder is the Licensor. Ebooks are pdf files with information for IELTS preparation. Services are IELTS Writing and Speaking grading services.

    • 1.7. End User means any individual and/or legal entity that has purchased the Software for installation on a mobile device for own use and without the purpose of reselling or transferring of the Software to another person; under this End User License Agreement, the End User is also referred to as "you" with any applicable prepositions.

    • 1.8. Free Version means a type of Software licensed to the End User free of charge in order to demonstrate and to allow evaluation of the useful properties of the Software as well as to enable the End User to adopt a decision on the need to use the Software for a longer period.

    • 1.9. Update means all modifications, corrections, enhancements, modifications etc. that the Licensor applies to the Software and Ebooks.

  • 2. The License

    • 2.1. If you download the Free Version, you may use the Software for an unlimited period of time. The Free Version is provided "as is" and may contain defects, errors, or malfunctions. The use of the Free Version is subject to the provisions of the Guarantees and Responsibilities set forth in this End User License Agreement.

    • 2.2. The term of the License begins at the relevant hour and minute on the day of activation of the Software.

    • 2.3. The user is prohibited to install or use a premium account of the IELTS Speaking Assistant on the number of devices larger than purchased license allows.

    • 2.4. After activating the Software, you have the right to use the Software on your mobile device in accordance with the terms of the End User License Agreement.

    • 2.5. During the term of the License you have the right to install all Software Updates that will be released by the Licensor and offered for download on the website of the Company or through any other online services. Any Software Updates that you have downloaded are an integral part of the Software and are subject to the terms of this End User License Agreement.

    • 2.6. During the term of the License, you may use the Licensor's technical support through the Internet. You may submit an request via the IELTS Speaking Assistant application.

    • 2.7. Technical support is provided to all the End Users who install and use the Software.

    • 2.8. The Licensor does not guarantee that the technical support will be available to the End User who purchased the License but has not installed the available Software Updates.

  • 3. Acquisition of the License

    • 3.1. Acquisition of the License for the Software is made from PayPal or Stripe, Inc., official partners of the Licensor. You may read more about the terms of purchase on paypal.com and www.stripe.com

    • 3.2. The Software (except for the Free Version) requires activation, which means bringing the Software to the working mode for the term specified by the License. Activation of the Free Version activation is performed automatically and does not require additional actions by the End User.

    • Activation of the Software is performed through entering the activation code in the application by the Company.

    • 3.3. You can manage the License by filing a request. Only requests from registered users are processed.

    • 3.4. If you change your mobile device or make changes to the software installed on it, you may require the Licensor to reactivate the Software. The decision to grant you this right is adopted by the Licensor's technical support service at its sole discretion. In this case, the Licensor reserves the right to use any means and procedures of verification to determine the validity of the previously acquired License.

    • 4. Restricting End User Rights

    • 4.1. You are prohibited from, and you agree not to do, the following under any circumstances:

    • 4.1.1 selling, renting, leasing, or transferring copies of the Software to third parties in any other way. A third party means any other individual and/or legal entity other than you as the End User;

    • 4.1.2 copying, modifying, translating into other languages, reverse-engineering, decompiling, extracting the source code, analyzing the source code completely or partially (disassembling), reducing the Software, Ebooks and / or any of Software files that are part of the Software independently or with the involvement of third parties, as well as performing any other manipulations with the Software files in order to find out their formulas, algorithms, orders etc.;

    • 4.1.3 modifying or promoting the modification of any Software files that make up the Software, including changing the filenames, through your actions;

    • 4.1.4. deleting, modifying, obscuring any messages or shortcuts from the Software or Software files, including the attributes of copyright and copyright notice;

    • 4.1.5. applying any other unauthorized software that may interact with the Software, including but not limited to, "mods," "hacks," "cheats," "scripts," "bots," automation programs, or any third-party programs that are capable of intercepting data and harming the Software and the Licensor.

    • 4.2. You are prohibited from using the Software for any unlawful purpose that qualifies as such under the law of the country in which you are located, as well as from taking actions that qualify as a crime or another offense under the law of such a country.

    • 4.3. In case of your violation of the restrictions set forth in Section 4 of the End User License Agreement, the Licensor has the right to unilaterally terminate the validity of the License and to file property claims, including a lawsuit, against you.

    • The termination of the License provided by this clause does not impose any obligations on the Licensor to pay you monetary compensation for the period of time for which the License has been terminated prematurely.

    • In case of termination of the License in connection with your violation of the terms of the End User License Agreement, the Licensor may refuse to provide you with any kind of License, including for other computers, in the future.

  • 5. Intellectual Property Rights

    • 5.1. When receiving a License, you do not receive any intellectual property rights to the Software.

    • 5.2. All intellectual property rights to the Software (including, but not limited to, any image, photograph, animation, video, audio, music, text, fonts, etc. embedded in the Software) are owned by the Licensor.

    • 5.3. You agree that you will not use nor claim to use rights to any names, logos, trademarks, models, or samples owned by the Licensor (the Company) nor to any names, logos, trademarks, models, or samples similar to them for the entire term of the License and after its expiration or early termination.

    • 5.4. The Software contains commercial secrets and other confidential information protected by international copyright agreements and includes (but is not limited to) information about Software files, codes, formulas, connection combinations etc. The disclosure of this information to third parties constitutes the violation of the intellectual property rights of the Licensor.

    • 5.5. This End User License Agreement does not grant you any intellectual property rights.

  • 6. Guarantees and Liability

    • 6.1. The Licensor provides the Software "as is" and with no quality assurance and without any future warranty; you agree that you will use the Software at your own risk and within your own responsibility.

    • 6.2. The Licensor declares that it waives any direct or indirect guarantees that the functions of the Software will meet your requirements or expectations and does not provide any assurances regarding the integrity, serviceability, and reliability of the Software.

    • 6.3. No advice or consultation that will be given orally or in writing by the technical support service or another employee of the Licensor will be considered a guarantee.

    • 6.4. The Licensor does not guarantee that the Software will not be damaged or become inoperable as a result of downloading and installing any other programs, software systems, including Software analogs, by you. These actions are performed at your own risk, and you bear sole responsibility for them.

    • 6.5. You agree that the Licensor will not be held liable for any damage caused through the use of the Software, including material (pecuniary) damage, non-pecuniary damage, interruption in business activity or other work, loss of databases or any other information from the mobile device, downtime of the End User, and damage to other devices or applications.

    • 6.6. You agree that the Licensor will not be held liable for any direct or indirect costs, material damage, lost profit, lost business, terminated contracts with other individuals and / or legal entities that is directly or indirectly related to the use of the Software nor for any possible damages caused by errors in the work of the Software, even if the Licensor has been informed of such errors and the possibility of losses, expenses, and submission of claims of interested persons.

    • 6.7. In the countries and jurisdictions where the Licensor's liability limitation established in this End User License Agreement is invalid, the Licensor will be liable for damages only within the amount paid by the End User as the cost for acquiring the License.

  • 7. The Law of the End User License Agreement and the Jurisdiction

    • 7.1. All legal relations related to the implementation of the terms of this End User License Agreement are subject to the law of the Estonia and to international treaties to which the Estonia is party that have been ratified and are implemented in accordance with the established procedure.

    • 7.2. All disputes are settled through negotiations. In case of failure to reach an agreement, the concerned party has the right to apply to the court of the Estonia that is authorized to consider such a dispute in accordance with the legislation of the Estonia.

    • You agree with such jurisdiction and undertake to comply with any final decision made by the court of the Estonia.

  • 8. Term of the End User License Agreement

    • 8.1. If any of the clauses of the End User License Agreement or several of its clauses are deemed invalid (void) for any reason, all other clauses and parts of the End User License Agreement will remain legally binding.

    • 8.2. The Licensor has the unilateral right to make any changes and additions to the End User License Agreement without their prior or subsequent approval by the End User.

    • 8.3. You unconditionally acknowledge the Licensor's right to make such changes and additions.

    • 8.4. Changes and additions to the End User License Agreement come into force from the moment at which they are posted on the official website of the Licensor at www.ielts-assistant.org and are legally binding on you. If you do not agree to the changes to the End User License Agreement, you must stop using the Software no later than on the next day.

    • The continued use of the Software by you will be considered to constitute your consent to such changes.

  • 9. Miscellaneous

    • 9.1. The Software is protected by the legislation on copyright and international agreements; some of its parts are protected by the legislation on patents and the secret of production. You agree that the End User License Agreement has the same legal validity as any other written agreement that you have entered into. In case of violation of the End User License Agreement, you may be held liable in accordance with the established procedure.

    • 9.2. The End User License Agreement may be available in several languages. There may be divergences or differences in interpretation between the English version of the End User License Agreement and its versions in other languages. To ensure homogeneity and avoidance of ambiguity, the English version will prevail.

Contact Information: Should you have any questions concerning this Agreement, or if you desire to contact the Rightholder for any reason, please contact our Customer Support Service:

Email: support@ielts-assistant.com

Website: www.ielts-assistant.org

Address: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 38, 10152
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