1. THESE TERMS AND INFORMATION ABOUT US
1.1 We are Simple Solutions Ltd, a company registered in Russia. Our company number is OKPO 44089066 and our registered office is at Russia, Moscow, Nizhniy Susalnyy pereulok, 5 building 15. Our registered TIN number is 9709061539.
1.2 These are the terms and conditions on which we supply the GTO SENSEI (“the app”). Please read these terms carefully before you install the app and/or subscribe for any paid-for content.
1.3 You can contact us by writing to us at email@example.com or to Russia, Moscow, Nizhniy Susalnyy pereulok, 5 building 15.
1.4 If we have to contact you, we will do so by writing to you at the email address you provided to us.
1.5 Use of the words “writing” or “written” in these terms includes emails.
1.6 Your rights under these terms depend on whether you are a business or consumer. Provisions specific to consumers only are in yellow and those specific to businesses only are in red.
1.7 These terms constitute the entire agreement between us in relation to the app. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
2. OUR APP AND SUBCRIPTIONS
2.1 You may install the app on your device from a number of app stores and our websites. A contract will come into existence between you and us when you install the app. On installation, you confirm that you have the permission to install and use the app on the relevant device.
2.2 You must be 18 years or over to install and use the app. By installing the app you confirm that you are 18 or over.
2.3 The app is available to install in countries that allow simulated gambling only. If you are unsure about your local legislation please make sure to seek professional advice.
2.4 Installation and use of the app is subject to minimum system and other technical requirements advised to you at the time of installation and/or subscription.
2.5 You may subscribe to paid-for content to be provided though the app. We offer monthly, semi-annual and annual subscriptions. When we refer to the app in these terms that includes any paid-for content.
2.6 Paid-for subscriptions renew automatically after the initial subscription term and each renewed subscription term unless you cancel according to the terms of the App Store or Play Store.
2.7 All intellectual property rights in the app throughout the world belong to us (or our licensors) and the rights in the app are licensed (not sold) to you. You have no intellectual property rights in, or to, the app other than the right to use it in accordance with these terms.
3. RULES FOR USE OF THE APP
3.1 The app is intended for personal and non-commercial use. The app is provided for your enjoyment and recreation only and it is not intended to amount to advice/instruction on which you should rely.
3.2 You may not:
3.2.1 except to the extent permitted under applicable laws, disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the app nor attempt to do any such things;
3.2.2 license, sell, publish, rent, translate, merge, adapt, vary, alter or modify, the whole or any part of the app nor permit the app or any part of it to be combined with, or become incorporated in, any other programs; or
3.2.3 share your login details with any other person.
4. PRICE AND PAYMENT
4.1 The subscription charges (which include VAT) are indicated at the time of subscription.
4.2 We accept payment methods indicated at the time of subscription. You must pay the subscription charges immediately both at the start of your subscription and upon each renewal (if relevant).
4.3 We may increase the subscription charges and we will notify you of any increases in advance. Any increase will take effect in respect of the subscription term following our notification. If you disagree with the increase you may cancel your subscription in accordance with clauses 2.6 or 7.5.
4.4 You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5. CHANGES TO THE APP OR THESE TERMS
5.1 Any screenshots / in-play footage of the app are for illustrative purposes only.
5.2 We may make changes to these terms. If we do so, we will notify you. If you choose not to accept such changes, then you may contact us to cancel your subscription before the changes take effect and/or you may uninstall the app and end the contract as set out in clause 7.1.
5.3 We may implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the app.
5.4 We may update or require you to update the app, provided that the app shall always match the description that we provided to you before you installed the app or subscribed to any paid-for content.
6. PROVISION OF THE APP
6.1 If the app is unavailable due to an event outside our control then we will let you know of this either by posting a notification on the login screen or by e-mail. We will also let you know the steps we will take to minimise the effect of the unavailability. Provided we do this we will not be liable for unavailability caused by the event, but if there is a risk of extended unavailability you may contact us to cancel your subscription and/or you may uninstall the app and end the contract as set out in clause 7.1.
6.2 You confirm that any information you provide when you install and use the app is correct and you agree to keep it that way. If you give us incorrect or misleading information, we may either refuse to provide the app to you or end the contract (and clause 9.1.2 will apply). We will not be responsible for not providing the app if this is caused by you providing us incorrect or misleading information.
6.3 We may have to suspend the app to:
6.3.1 deal with technical problems or make minor technical changes;
6.3.2 update the app to reflect changes in relevant laws and regulatory requirements; or
6.3.3 update the app as notified by us to you (see clause 5).
6.4 We will contact you in advance to tell you we will be suspending the app, unless the problem is urgent or an emergency. If we have to suspend the app for longer than 24 hours in any seven day period we will extend your subscription term by the period of suspension at no cost to you. If we suspend the app, or tell you we are going to suspend it, in each case for a period of more than four days you may contact us to cancel your subscription and/or you may uninstall the app and end the contract as set out in clause 7.1.
7. YOUR RIGHTS TO END THE CONTRACT AND CANCEL YOUR SUBSCRIPTION
7.1 If you have installed the app but do not have a valid subscription for paid-for content, you may uninstall the app from your device at any time and the contract between us comes to an end upon uninstallation.
7.2 When you cancel your subscription, the contract between us will remain in force in respect of the installed app and any free content until you uninstall the app from your device in accordance with clause 7.1.
7.3 You may end the contract and/or cancel your subscription for any of the reasons set out at clauses 6.3.1 to 6.3.4 below. If you do so, the contract will end / your subscription will be cancelled immediately and we will refund you any subscription charges you have paid in advance on a pro-rata basis in respect of the period after you cancel your subscription (in the case of paid-for subscriptions) and you may also be entitled to compensation. The reasons are:
7.3.1 we have told you about an upcoming change to these terms which you do not agree to (see clause 5.2);
7.3.2 there is a risk of extended unavailability because of events outside our control (see clause 6.1);
7.3.3 we have suspended the app, or notify you we are going to suspend the app, in each case for a period of more than 24 hours (see clauses 6.3 and 6.4); or
7.3.4 you have a legal right to end the contract or cancel your subscription because of something we have done wrong.
7.4 When you initially subscribe to paid-for content you do not have the right to change your mind if you have given your express consent that we provide the paid-for content to you immediately and acknowledged that, as result of this you lose the right to change your mind.
7.5 You have the right to change your mind after each renewal of your subscription. You may change your mind during a 14-day cooling off period which commences from the start of any renewed subscription period and we will refund you any subscription charges you have paid in advance on a pro-rata basis in respect of the period after you cancel your subscription.
7.6 Nothing in these terms will affect your legal rights as a consumer. If you are a consumer we are under a legal duty to ensure that the app and the subscriptions are in conformity with this contract. If the app is faulty or misdescribed, you may have a legal right to end the contract or to get some or all of your money back (in the case of paid-for subscriptions).
8. ENDING THE CONTRACT AND YOUR SUBSCRIPTION
8.1 To end the contract, if you have installed the app but do not have a valid subscription for paid-for content and no longer wish to use any free content, you should uninstall the app from your device.
8.2 To cancel your subscription (but not the contract between us which will continue in force in respect of the installed app and any free content), please let us know by one of the following methods. In all cases please provide your name, your user name and email address:
8.2.1 email us at firstname.lastname@example.org.
8.2.2 contact us through any of our social media channels listed on www.simplesolutions.ai
8.3 If you are entitled to a refund under these terms we will refund you by the method you used for payment. However, we may make deductions from the refund, as described in these terms.
8.4 We will make any refunds due to you as soon as possible and in any case no later than 14 days from when a refund becomes payable.
9. OUR RIGHTS TO END THE CONTRACT AND/OR CANCEL YOUR SUBSCRIPTION
9.1 We may end the contract (and/or cancel your subscription if relevant) at any time by writing to you if you:
9.1.1 do not pay the subscription charges on the due date;
9.1.2 provide us with information that is incorrect or misleading; or
9.1.3 breach the rules in clause 3.
9.2 We may write to you to let you know that we are going to stop providing the app. We will let you know at least 90 days in advance of our stopping the provision of the app and will refund any subscription charges you have paid in advance on a pro-rata basis in respect of the period after which we do not provide the app.
10. YOUR RIGHTS IN RESPECT OF DEFECTS IF YOU ARE A BUSINESS
10.1 We undertake that the app shall conform in all material respects with the description provided at the time of installation of the app and the paid-for content shall conform in all material respects with the description provided at the time of you subscribing to the paid-for content.
10.2 The undertaking at clause 10.1 shall not apply (a) to the extent any non-conformance is caused by use of the app contrary to our instructions, or (b) to the extent any non-conformance is caused by alteration of the app by any party other than us or (c) where you make any further use of the app after notifying us of any non-conformance under clause 10.1. If the app and/or paid-for content do not conform with the foregoing undertaking, we will, at our expense, use commercially reasonable endeavours to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes your sole and exclusive remedy for any breach of the undertaking set out in clause 10.1. Notwithstanding the foregoing, we:
10.2.1 do not warrant that your use of the app will be uninterrupted or error-free; or that the app and/or the information obtained by you through the app will meet your requirements; and
10.2.2 are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the app may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
10.3 Except as provided in this clause 10, we shall have no liability to you in respect of any failure to comply with the undertaking set out in clause 10.1.
10.4 These terms shall apply to any corrections supplied by us under clause 10.2.
11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A CONSUMER
11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of your legal rights in relation to the app.
11.3 If the app we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
11.4 We only supply the app to you for domestic and private use. If you use the app for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 12.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
12.1 Nothing in these terms will:
12.1.1 limit or exclude our liability for death or personal injury resulting from our negligence; or
12.1.2 limit or exclude our liability for fraud or fraudulent misrepresentation; or
12.1.3 limit our liability in any way that is not permitted under applicable law; or
12.1.4 exclude our liability that may not be excluded under applicable law.
12.2 Subject to clause 12.1:
12.2.1 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded;
12.2.2 we shall not be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
12.2.3 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall be limited to the subscription charges paid by you to us in the year immediately preceding the event giving rise to a claim.
13 HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our privacy policies.
14 OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we do not receive information we reasonably require in respect of your assignee.
14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.
14.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 These terms are governed by Russian law and you can bring legal proceedings in respect of the app in the Russian courts.
14.7 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Russia and the Russian courts shall have exclusive jurisdiction to settle any such dispute or claim.