Busuu service provision terms and conditions

1. General Provisions and Terms.

1.1.1 “Operator” or “Viva-MTS” - “MTS Armenia” Closed Joint Stock Company, a company duly founded and licensed for provision of telecommunication services in the Republic of Armenia.

1.1.2 “Subscriber” - a physical or legal person, an individual entrepreneur who is considered to be the subscriber of the Operator’s network and has accepted the Conditions in accordance with clause 1.5.

1.1.3 “Busuu” is an AI-powered language learning platform on web, iOS and Android that allows users interacting with native speakers from around the world. There are 13 language courses currently offered: English, Spanish, French, German, Italian, Portuguese, Chinese, Japanese, Polish, Turkish, Russian, Arabic and Dutch.. All courses are available in 15 interface languages. The lessons include studying vocabulary and grammar. At the end of each lesson, learners can practice with native speakers of the language they are learning, in written or spoken conversation.

1.1.4 “Content service” - the communication service, available within the “Busuu” service, which involves providing the Subscriber an access to Media content of Information complex with the use of the equipment and communication channels of Viva-MTS as per his request.

1.1.5 “Media content (Applications)” – a set of software programs, interactive content included in the database of information complex and available for installation on the mobile device at any time by means of the Internet.

1.1.6 “Content Card” — The "Busuu" page with a detailed description of Media Content.

1.1.7 “Personal account” — the analytical account in the automatic settlement system of the Operator designed for the accounting of the volume of the services rendered to the User, cash inflows and outflows, paid in for these services.

1.1.8 “Partner” – the partner of the Operator who is the Owner of copyright and related rights to the Applications presented in the "Busuu".

1.1.9 “Information complex” - the list of software and hardware belonging to the Executor including "Busuu" by means of which access to Content services is provided.

1.1.10 “Subscription to Content” – conditions of rendering Content services by the Operator to the Subscriber who, by performing implicative actions, accepts the Offer of the Operator, envisaging unlimited, continuous and automatic access to Media content of Information complex for a certain period of time for a payment ((further – “Busuu daily”, “Busuu weekly, "Busuu monthly"”). Upon termination of each term of rendering Content services on conditions of subscription to the Content, the provision of Content services on the conditions of Content Subscription is automatically renewed for a new similar or other term until the Subscriber rejects the Content on the conditions determined by these rules.

1.2 Use of "Busuu" is carried out on the basis of the agreement between the Subscriber and Viva-MTS, which includes the Order of rendering communication services by Viva-MTS, the present Rules of providing the "Busuu" service and the "Busuu" service description, placed on the Opearator’s official web-site https://mts.am (jointly referred to as "Conditions").

1.3 “Busuu” can be used to view, search and load Media content by means of ordering Content services, while the acquisition of Content services is available only via a mobile phone. The cost of Content services for access to Media content is determined by the Operator. Incoming/ outgoing mobile Internet traffic during data transmission via use of "Busuu" is billed according to the tariff plan of the subscriber unless other conditions are provided.

1.4 The portal is located at the addresses http://busuu.mts.am and http://www.busuu.com/.

1.5 The Subscriber shall be deemed to have accepted the Conditions if (1) he has clicked the corresponding button or the "Activate” link on the http://busuu.mts.am website or (2) has started using Media content of "Busuu", or (3) sent SMS request with text “Start1” (for Daily), “Start7” (for Weekly),  “Start30” (for Monthly/ 30 days)   to 2878 number

2. Provision of the “Busuu” Service

2.1 The “Busuu” service is available only for the subscribers of Viva-MTS, to physical or legal persons, served on all tariff plans of Viva-MTS.

2.2 All the content available within “Busuu”, does not belong to the Operator and is provided by third-party developers. For this reason the Operator doesn't bear responsibility for the Media content, its integrity, functionality and also does not bear any responsibility for any permissions (agreements) provided by the Subscriber within or in connection with access to the content.

2.3 The Subscriber agrees that Viva-MTS may, at its sole discretion and without prior notice, suspend or terminate the provision of the “Busuu” Service (or its functions) to one user or all the users.

2.4 Viva-MTS may find that Media content distributed through the “Busuu” violates the Distribution Agreement of the Developer or other legal agreements, laws, regulations and rules. In this case, Viva-MTS reserves the right to demand the termination of the use of the ordered Media content. The Subscriber should remove the present Media content.

2.5 Viva-MTS may at any time terminate the provision of the “Busuu service if (A) the Subscriber has violated any clause of the present Conditions; or (B) Viva-MTS will be obliged to do so in fulfillment of the law; or (C) Viva-MTS will decide on the termination of the “Busuu” service.

2.6 Viva-MTS has the right to resile from the provision of Content services in case of insufficient technical resources for its provision.

2.7 By accepting this Terms the Subscriber consents to applying other (additional) measures (steps) by the Operator in the frame of this Contract for activation of the Service to personalize the Subscriber.

2.8 The Subscriber hereby acknowledges and agrees that by subscribing to the Service all charges and fees are due, regardless of the Subscriber's mobile equipment meeting any compatibility criteria upon subscription. No refunds will be issued by Operator based on the Subscriber's inability to access the Service due to lack of compatible mobile equipment.

2.9 To subscribe to the Service the Subscriber must either be of legal age or be assisted as appropriate by his/her parents or legal guardians. Whenever the Service is accessed or purchased by minors, the responsibility for the access will lie with the bill payer for the respective mobile network provider, who will be assumed to have given permission to the minor to use of the Service. Operator will not be held accountable for improper or unintended use of the Service or for the unintended acquisition of products. The legal guardian/contracting party is the sole responsible for the care and keeping of the mobile equipment required to use the Service.

2.10 Operator will not be held accountable for any form of advertising and/or for the content of banner ads, pop-up windows and any other advertising formats shown on website and the app. The responsibility for such content lies solely on the advertiser or their legal representatives.

3. Use of the “Busuu” Service

3.1 In order to get access to the Service, the subscriber needs to go to the website that provides the “Busuu” service at http://busuu.mts.am/

3.2 In order to access the “Busuu” service and order Content services through it, you need a mobile device with activated data transmission service of mobile cellular communication network of Viva-MTS.

3.3 In order to get access to the Media content, it is necessary to activate the service “Start1” (for Busuu daily), “Start7” (for Busuu weekly),  “Start30” (for  Busuu monthly  (30) days ) in one of the following ways:

• confirm the activation on http://busuu.mts.am website;
• send technological SMS-request with the text “Start1” (for Busuu daily), “Start7” (for Busuu weekly), “Start30” (for Busuu monthly  ) to 2878 short number.

3.4 Upon activation of the “Busuu” services for the first time, the Subscribers shall get trial usage period within 3 (three) calendar days from the moment of its connection for the first time.

3.5 Within 1 (one) day prior to the expiration of trial usage period for the “Busuu” service, after the activation of the Content services on the conditions of subscribing to content for the first time, a technological SMS-message will be sent to the subscriber from 2878 number with information about the automatic extension of the service, its cost and ways to unsubscribe.

3․6 If the subscriber has not turned off the service (cl. 3.7), in case there are sufficient funds on the Subscriber's Personal Account to pay for the “Busuu” services, the service is automatically extended for a new similar period, unless there is a refusal from the Subscriber as per the order envisaged by the present rules.

After “Busuu” service activation, a technological SMS is sent to the subscriber from 2878 number with information about about service activation and further charging

Information about the status of a subscription to the Content is also available on the “Profile” page on the website http://busuu.mts.am/view/account

If there are not enough funds on the Subscriber's Personal Account at the moment of an attempt to extend the service to pay for “Busuu” services in full, services are not connected/extended.

Repeated attempts to extend the Content Services on the conditions of subscription to the Content occur 3 (three) times a day during 30 (thirty) calendar days. Upon termination of 30 (thirty) calendar days, if the subscriber’s Personal account has not been refilled with funds in the amount sufficient to pay for the cost of services, the subscription will be deactivated. To renew it, customer should perform the activation again.

If there are enough funds to pay, the subscription to the service will be renewed and the funds will be charged from the subscriber’s account according to the previously selected subscription.

If there are enough funds to pay for the Content Services on Conditions of subscription to the Content, the user will be provided with active links to download the entire list of Media content placed in the Information complex, the time period according to the performed payment.

3.6 In case of deactivation of subscription, access to the Media Content downloaded from the Information Complex shall be blocked. Access is renewed from the moment of reactivation of subscription, after subscription period expiration.

3.7 Content services on Conditions for subscription to the content can be disabled

• on http://busuu.mts.am/ website by entering account page and click on deactivation button;
• by sending SMS-request with the word "Stop" to number 2878.

3.8 The Subscriber shall use the “Busuu” only for the purposes envisaged by (a) the Conditions, (b) the law in force.

3.9 The subscriber shall use the “Busuu only via the interface provided Viva-MTS, in particular, it is not allowed to use automated tools for access to the “Busuu” (including scripts, scanners and similar technologies).

3.10 The subscriber shall not take actions that may disrupt or interrupt the work of the “Busuu” (as well as servers and networks serving Viva-MTS), not to use the Media content provided through the “Busuu” for the purposes of disrupting or interrupting the operation of servers, networks or websites operated by Viva-MTS or a third party.

3.11 The subscriber shall not reproduce, copy, sell, exchange or resell the content of the “Busuu. Exceptions are the cases as otherwise stipulated by a separate agreement with Viva-MTS.

3.12 The Subscriber is held solely liable for (with the release of Viva-MTS from liability before the Subscriber or any other third party) for the use of the “Busuu” and any Media content, violation of the obligations stipulated under the Conditions, as well as for the consequences of such violations (including all losses or damages that Viva-MTS or a third party may incur).

3.13 The subscriber acknowledges that Viva-MTS and / or third parties have all the property and possessory rights to Media content distributed through the “Busuu”, including, but not limited to, all applicable Intellectual Property Rights in relation to Media Content. "Intellectual property rights" are all rights stipulated by patent legislation, as well as legislation on intellectual property, trade secrets, trademarks, unfair competition, and any other property rights recognized worldwide. The Subscriber undertakes not to undertake himself and refrain from other persons to carry out actions to (I) copy, sell, license, distribute, dispose, modify, adapt, transfer, create derivative works, decompile, reengineer, disassemble or other actions aiming to acquire the source code of the Media content, except for the cases stipulated otherwise; (II) circumvent and violate security rules or use content provided by the functionality of the Media content (including, but not limited to, the functionality of management of digital rights and blocking further changes); (III) use Media content with the aim to access, copy, transfer, converse the code or broadcast such content with violation of any law or the rights of the third party; or (IV) remove, retouch and change of indications on copyright and trademarks or other indications on the property rights of Viva-MTS or the third party included in the Media content.

3.14 By accessing the Service from Operator and its suppliers, the Subscriber agrees to observe and abide by all intellectual and industrial property rights, including copyrights or trademarks belonging to Operator and to any third-party content licensor to Operator that is made available through the Service. As a user Subscriber does not acquire any ownership rights over the Service, software or content, including names, titles, words, phrases, logos, patents and trademarks, literary and other artistic works, that is or once was made available through the Service.

3.15 The Subscriber is granted a non-exclusive, non-transferable, revocable license to access and use the content strictly in accordance with the present terms and conditions of use. The Subscriber shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service.

3.16 The use of the Service does not entitle The Subscriber to make any unauthorized use of any protected content, and will not delete or alter any proprietary rights or attribution notices in any content. The Subscriber will use the protected content solely for your personal use and will make no other use of the content without the express written permission of Operator and the copyright owner. The Subscriber agrees that he/she does not acquire any ownership rights in any protected content. We do not grant You any licenses, express or implied, to the intellectual property of Operator or our licensors except as expressly authorized by the present terms and conditions of use.

3.17 Operator and its suppliers are not responsible or liable for any disputes or disagreements between You and any third-party in connection with Your use of the Service. You assume all risk associated with dealing with these third parties, and You release Operator and its suppliers of all claims, demands, and damages in connection with these disputes.

3.18 Viva-MTS reserves the right (but does not assume obligations) to conduct preliminary control, view, mark, filter, change, reject or delete any Media content from the “Busuu”. The subscriber agrees that when using the “Busuu”, he may encounter Media content that may seem offensive, indecent or undesirable, and that he uses the “Busuu” at his own risk.

3.19 When using the “Busuu” service, the Subscriber agrees to receive non-billed informational messages with service news from the technological number 2878.

4. Payment of Services

4.1 The cost of Content Services on conditions of subscription to the content is determined on the basis of the applicable Price List of tariffs set for content services provided by Viva-MTS, the current Provisions on the “Busuu” services and is indicated at http://busuu.mts.am/ and at https://mts.am  official website.

4.2 Upon first-time order of the “Busuu” daily, Busuu Weekly and Busuu Monthly, services trial usage period is provided within 3 (three) calendar days from the day of activation of the service. Information on the date from which the trial usage period is provided for the Subscriber shall be available on the “Profile” tab page at http://busuu.mts.am/view/account  website, and also, if the service is activated by sending a technological SMS request to the number 2878, the subscriber will receive a non-billed informational SMS-message.

4.3 For Subscribers who have previously used the service and disconnected it, upon re-connection, the trial usage period shall not be provided, and the fee for using the service and the cost of activating the service are charged from the first day of connection.

4.4 If before the expiration of the validity period of using trial usage period for the service “Busuu” after activation of the Content services on Conditions of Subscription to the Content for the first time the subscriber has not disabled the service (cl. 3.7), and in case of sufficient funds on the Subscriber's Personal Account for payment of “Busuu”, the service is automatically extended for a new similar period.

4.5 Tariffication of the  “Busuu” daily, Busuu Weekly and Busuu Monthly services” is made with a one-time charge of funds from the Personal Account of the Subscriber on the first day of services provision. When the subscriber is blocked (partial, forced, voluntary, “Loss of the SIM card” block), the provision of the Content service and the charging of funds is not performed. When the Subscriber does not have sufficient amount of funds, the provision of Content Services is not performed.

If at the Subscriber's Personal Account at the time of an attempt to extend the service there are not enough funds to pay for the “Busuu” services in full, provision of the Content service is suspended and charging of funds thereon is not performed

4.6 Tariffication of the “Busuu” daily, Busuu Weekly and Busuu Monthly service is made with a one-time charging of funds from the Subscriber’s Personal Account of the after its extension. When the subscriber is blocked (partial, forced, voluntary, “Loss of the SIM card” block), the provision of the Content service and the charging of funds is not proceed. Charging of funds is made as of the moment of its activation/extension in the amount of the applicable tariff for the “Busuu” service.

4.7 Incoming/outgoing mobile Internet traffic during data transmission during access to the “Busuu” service, under radio coverage of Viva-MTS, is billed according to the tariff plan of the Subscriber unless other conditions are provided or promotions are announced.

4.8 For the Subscribers in roaming tariffication of the “Busuu” services is made in accordance with the applicable price list of tariffs set for the services of Viva-MTS. Tariffication of incoming/ outgoing Internet traffic for the present category of subscribers is made as per the tariff set for the service of international data roaming, in compliance with the applicable Price list set for tariffs of Viva-MTS for the international roaming services.

5. Automatic Updates

5.1 Media content provided via Viva-MTS Mobile Applications, which the Subscriber installs on its own equipment, can periodically be connected with the servers of Viva-MTS or partner companies in order to check for updates of Media content, including bug fixes, new functions, missing plug-ins and new versions (collectively referred to as "Updates"). The conditions for receiving Media Content Updates are established by the Partners, and Viva-MTS is not responsible for informing the Subscribers about the terms of receiving Updates. By installing such Media content, the Subscriber agrees to such automatically requested and received Updates.

5.2 Tariffication of the incoming /outgoing Internet traffic is billed in the course of updating the Media content by accessing to the “Busuu” services or via https://mts.am website is performed in accordance with the Subscriber’s tariff plan.

6. Limitation of Liability

6.1 The Subscriber acknowledges and agrees that the use of the “Busuu” and the Media content downloaded or received through it is at the Subscriber’s own risk and that the Media Content is provided on an “as is” and “as available” basis. Viva-MTS, providing services of access to the Media content, is not responsible for its availability, content and operation.

6.2 The Subscriber agrees to use the “Busuu” and any Media content downloaded or otherwise acquired as a result of using the “Busuu” service at its own discretion and at its own risk, and Viva-MTS is not responsible for the damage cause to the mobile device or other device of the Subscriber or loss of data as a result of such use.

6.3 To the utmost permitted by the law in force, Viva-MTS does not provide warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of marketability, fitness for particular purposes and non-infringement of intellectual property rights, in relation to any Media content, downloaded or otherwise obtained via the “Busuu”. The subscriber shall accept and unconditionally agree with the present condition.

6.4 The Subscriber acknowledges and agrees that Viva-MTS does not bear any responsibility before him (including within the frames of contractual obligations) for the direct, indirect, incidental, special, mediated or punitive damage incurred by the Subscriber as a result of using the “Busuu” or the Media content downloaded through it, including data loss, regardless of whether Viva-MTS had any assumptions about the possibility of such damage.

7. General Legal Terms

7.1 The present Terms are deemed as absolute legal agreement between the Subscriber and Viva-MTS and regulate the use of the “Busuu” application and web portal by the Subscriber.

7.2 Viva-MTS reserves the right to notify about the termination or amendment of these Terms by posting relevant information on http://busuu.mts.am  or http://mts.am website. Conditions shall be deemed canceled or amended as of the moment specified in the notice.

7.3 The Subscriber acknowledges that if Viva-MTS does not exercise and does not use its legal rights or legal remedies that it is granted with under the present Terms (or any effective law), this is not an official refusal of Viva-MTS from its rights, and these rights and remedies shall remain at the disposal of Viva-MTS.

7.4 If a court having the right to give judgment on the present matter shall determine that any provision of these Terms is invalid, such provision will be removed from the present Terms without affecting the remaining provisions of the present Terms. The remaining provisions of the present Terms shall remain valid and have legal force.

7.5 The Subscriber and Viva-MTS are not entitled to transfer or assign the rights granted under the present Terms without the prior written consent of the counter party. Neither the Subscriber nor Viva-MTS are not entitled to delegate its responsibility or obligations imposed by the present Terms without the prior written consent of the counter party.

7.6 The Subscriber is granted a non-exclusive, non-transferable, revocable license to access and use the content strictly in accordance with the present terms and conditions of use. The Subscriber shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Service.

7.7 Operator and its suppliers are not responsible or liable for any disputes or disagreements between Subscriber and any third-party in connection with the use of the Service. Subscriber assumes all risk associated with dealing with these third parties, and Subscriber releases Operator and its suppliers of all claims, demands, and damages in connection with these disputes.