TERMS AND CONDITIONS

These Terms and Conditions constitute an agreement between you and www.smartclassroom.bg (“the Platform”) and its direct and indirect affiliates. Access or use of the Platform and/or service for which you seek registration constitutes acceptance of this Agreement. The Platform may change any of the terms in this Agreement at any time without obligation to notice you to provide end users notice. Changes will become effective upon posting. Use of the Platform accessed through your account constitutes your acceptance of the terms of the modified Agreement.

Without limiting any other definition in these Terms and Conditions, the following words and expressions shall have the following meanings:

“End User” or “you” means any person that is accessing or using our Platform.

“Platform” means the Platform www.smartclassroom.bg including the subdomains www.portfolio.smartclassroom.bg, https://ar.infinno.com, www.ar.smartclassroom.bg and the mobile app for Android devices Smart Classroom AR.

“Webmaster” means Infinno, UIC under Bulstat 175326655, with its registered office at 48, Sredna gora, Sofia, 1303, email: support@infinno.com, collectively referred to with the Administrator as “the Administrators”.

“Administrator” means Education 5.0, Foundation, UIC under Bulstat 205018214, with its registered office at 20А Yanko Sakazov, Sofia, 1504, Republic of Bulgaria, email: smartadmin@edu5.0.bg, collectively referred to with the Administrator as “the Administrators”.

“Licensor” means the owner of the Intellectual Property Rights.

“Content” ” means all Assets and Educational Resources uploaded on the Platform.

“Assets” means information, text, software, photos, video, graphics, music, sounds and other materials uploaded or posted to the Platform that are protected by Intellectual Property Rights.

“Intellectual Property Rights” means copyrights, trademarks, trade secrets, patents or other proprietary rights.

“Educational Resources” means lessons, tests, exercises – public and private, authored or based on a textbook, together with supplementary educational assets – texts, videos, music, etc.

“Shared resources” means educational resources that are shared by a teacher with other teachers from the same school.

“Public resources” means educational resources that are shared by its Administrator, which are accessible and can be used by all registered users on the Platform.

“AR exercise” means an exercise for educational purposes which uses augmented reality (AR).

“Smart Classroom AR” ” means a mobile app for Android devices used for performing R exercises, available for free on Google Play.

“Public AR exercises”means an AR exercise that is shared by its author and is accessible to all users of the mobile app Smart Classroom AR.

“Smart CreatAR” means a tool for developing AR exercises at https://ar.infinno.com, which is part of the Platform.

“Portfolio” means collection of documents and other assets or data providing evidence of experience and achievements compiled by a teacher or a student on www.portfolio.smartclassroom.bg which is part of the Platform.

- Appoints one or more of its staff members to be exclusively engaged in the administration of the Platform.

- Responsible for the content management of the Platform.

- Approves the registration of new users within 3 working days.

- Approves new AR exercises within 10 working days with the respective subject expert, where necessary.

- Supports the users how to use the Platform by providing them with guidance and consultations via email, phone or any other means of communication.

- Reviews the content uploaded on the Platform to ensure that no part of the content is Prohibited End User Content as referred to in 6.4.

- In case of established Prohibited End User Content, the Administrator may suspend the account of the End User and remove such data, either temporarily or permanently, at any time, without notice and without any liability towards the End User.

- Liaises with the Webmaster in case of technical problems.

- Appoints one or more of its staff members to be exclusively engaged in the support and development of the Platform including its subdomains www.portfolio.smartclassroom.bg, https://ar.infinno.com, www.ar.smartclassroom.bg and the mobile app for android devices Smart Classroom AR;

- Performs maintenance and support related to the technical performance of the Platform;

- Resolves timely technical issues raised by users of the Platform;

- Performs regular checks for bugs and fixes them within reasonable time;

- Coordinates software development and design of the platform with the Administrator, Samsung Electronics and other stakeholders as needed;

- Responsible for the AR content management – creating 3D assets and other images as needed;

- Responds to questions regarding the technical status of the platform;

- Checks the users’ feedback on bugs in Google Play console;

- Liaises with the Platform Administrator in case of technical problems.

The Platform is property of Samsung Electronics Romania SRL, Bulgaria Branch that offers free web services for educational purposes, available through the Internet and requires an end user registration. This document will refer to the digital assets, including software, products, applications or other services offered in connection with the Platform web properties, collectively referred to as “the Platform”.

You expressly acknowledge and agree that: (a) the Platform contains Assets that are protected by Intellectual Property Rights; (b) all rights, title and interest in and to these Assets and Intellectual Property Rights belong solely and exclusively to the Platform or its Licensors; and (c) these Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later; (d) the Assets you upload to the Platform are originally created by you; (e) Assets uploaded by you which are subject to third party Intellectual Property rights should be quoted as following: author, title, source, etc.; (f) if the holder of such Intellectual Property Rights requires explicit authorization for use of their Assets, you are obliged to make efforts to obtain the authorization from the holder prior to such use; (g) Content consisting of lessons based on a textbook is not subject to Intellectual Property Rights; (h) authored Content belongs to the teacher who has developed it; (i) if the Author has shared their Content, other users of the Platform may use it as well; Public Resources uploaded b the Administrator of the Platform that have been developed by the Administrator or other Authors may be used by all registered users on the Platform.

The Platform registered users may use, display, and, when such functions are available on the Platform, reformat, download, and print materials obtained through the Platform solely for their own personal, non-commercial, educational purposes. Login Credentials (e-mail address and password) may not be shared with others or otherwise disclosed to unauthorized third parties for any purpose whatsoever.

The Administrators may at any time, with or without notice to the users, restrict the use and access to the Platform as well as limit the duration and amount of use made of the Platform. Other than periodic restrictions for the purposes of routine maintenance, such restrictions are typically only made in extraordinary circumstances, which are beyond the control of the Platform. The Administrator may change or discontinue any portion, feature, or content of the Platform at any time with or without notice to you; however, the Platform will make reasonable efforts to provide end users notice of significant changes to the Platform. Information and updates about the changes to the Platform and its availability shall be posted regularly in the News section.

The Administrator assumes no responsibility for any Assets posted by third parties on the Platform or accessed on the Platform through hypertext or other computer hyperlinks to sites hosted by third parties that are outside of the Platform’s control (“Third Party Sites”).The Platform does not endorse products, services or information provided by such third parties and shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any content, goods or services available on or through any Third Party Site or otherwise posted by third parties on the Platform. Likewise, the inclusion of links to Third Party Sites on the Platform does not imply that the owners of such Third Party Sites have given permission for inclusion of these links, or otherwise sponsored or endorsed the Platform. The Platform is not responsible for the accessibility of Third Party Sites accessed through links on the Platform. Should you discover that a link to a Third Party Site is broken, no longer pointing to the content as indicated on the Platform, or otherwise pointing to inappropriate content, please contact the Administrator of the Platform.

6.1. The Platform provides functionalities for users to upload or post articles, information, data, text, music, sound, photographs, graphics, video, messages, and other Assets or submissions ("End User Content"). You should only post End User Content that is your own original work or for which you have otherwise obtained the necessary right or permission to publicly broadcast. The views and opinions expressed in any End User Content do not necessarily reflect those of the Platform or its licensed content providers or Licensors. The End User who posted the End User Content is solely responsible for such End User Content. You acknowledge that the Administrator may pre-screen End User Content but the responsibility for the content origin is solely of the End User. If third party content owners claims occur, the solely responsibility remains to the End User. The Administrators reserve the right (but not the obligation) at their sole discretion to monitor, refuse to post, or remove any End User Content for any reason. The Platform reserves the right to terminate your access to the Platform to prevent further posting of prohibited End User Content. Please notify the Administrators of any Prohibited End User Content (as described below in Section 6.4) at the email address in the Contacts Section.

6.2. Teachers: Teacher End User may upload, keep private or share End User Content to selected users (teachers, students, groups and schools);

6.3. Students: Student End User may upload End User content only if it is requested by a Teacher End User. (e.g. homework, class assignments, tests, etc.)

6.4. Parents: Parents are granted access by the Teacher End User only to view the Student End User accounts of their children. 6.5. The Platform does not guarantee the accuracy, integrity or quality of End User Content and disclaims all liability for any errors, omissions, violation of third party rights or illegal conduct arising from End User Content posted, emailed or otherwise transmitted via the Platform.

6.5. Prohibited End User Content: you agree not to upload, post, email or otherwise transmit any End User Content that is:

6.6.1. unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, indecent, offensive, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

6.6.1. unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, indecent, offensive, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

6.6.2. under any law or under contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

6.6.3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

6.6.4. contains software viruses or other contaminating or destructive devices, features or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or provides information relating to or otherwise facilitating the use of malware or other destructive materials or mechanisms;

6.6.5. contains advertising or promotional material of any kind;

6.6.6. contains a third party’s Personal Information (as defined in Section 8.2) except in connection with the posting and/or transmittal of grades or other information by an instructor or educational institution in a manner which may be accessed only by the relevant end user and/or which is consistent with Section 8.4;

6.6.7. undermines the pedagogical purpose of the Material on the Platform and the course with which it is used, including but not limited to answers to questions used in the Platform).

6.7 The Platform’s Use of End User Content. By posting End User Content, you grant the Platform a perpetual license to host, transmit, use and distribute such End User Content for the educational purposes for which it is posted. You acknowledge and agree that the Platform reserves the right to preserve End User Content: (a) for the longer of either the end of the relevant semester or other registration period for the relevant course or other Platform or for as long as the end user maintains an account with the Platform, and for a reasonable time thereafter in either event; and (b) indefinitely in the event of a potential violation of these terms or dispute pertaining to End User Content, the Platform and/or the end user’s account. you acknowledge and agree that the Platform further reserves the right to disclose End User Content in association with your Personal Information if required to do so by law or based on the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service hereunder; (c) respond to claims that any End User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Platform, its users and the public. In the case of End User Content embodied in your performance of educational assignments and assessments, the Platform further reserves the right to host, transmit, use and distribute such content without reference to your Personal Information indefinitely for the limited educational purposes of product development and research.

7.1. upload, post, email or otherwise transmit any prohibited End User Content described in Section 6 or otherwise violate this Agreement;

7.2. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; including using another person’s Login Credentials;

7.3. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;

7.4. use or attempt to use any “deep-link”, “scraper”, “robot, “bot”, “spider”, “data mining”, “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Platform, any data or content found on or accessed through the Platform or any other Platform Assets without the prior express written consent of the Platform;

7.5 obtain or attempt to obtain through any means any Assets, End User Content, or any other data, content, software or code available on or through the Platform (“Platform Content”) that have not been intentionally made publicly available either by their public display on the Platform or through their accessibility by a visible link on the Platform;

7.6. violate any measure employed to limit or prevent access to the Platform or Platform Content;

7.7. violate the security of the Platform or attempt to gain unauthorized access to the Platform, Platform Content, or computer systems or networks connected to any service of the Platform through hacking, password mining or any other means;

7.8. interfere or attempt to interfere with the proper work of the Platform or any activities conducted on or through the Platform, including accessing any Platform Content prior to the time that it is intended to be available to the public on the Platform;

7.9. Take or attempt any action that, in the sole discretion of the Platform, imposes or may impose an unreasonable or disproportionately large load or burden on the Platform or the infrastructure of the Platform;

7.10. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges or to normally post messages, articles, or submissions;

7.11. Interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;

7.12. violate any applicable local, state, national or international law or the academic rules or other policies of your educational institution or other sponsoring organization;

7.13. engage in any conduct which otherwise diminishes the pedagogical or commercial value of the Assets.

8.1. Personal Information. For the purposes of this Agreement, “Personal Information” means information collected by the Platform on this Platform or otherwise provided by you which contains identifiable information such as your name, email, school name, school city, username or other personal information needed for educational purposes.

8.2. Consent. Consent can only be expressed electronically by accepting the terms describing the intended uses and disclosures of Personal Information.

8.3. Collection, Use and Disclosure of Personal Information. The Platform will not disclose Personal Information associated with your use of the Platform to any third parties not affiliated with the Platform except as set forth in these Terms and Conditions. By accepting these Terms and Conditions, you acknowledge and agree that the Platform may collect, use and disclose your Personal Information as permitted and/or required by local privacy regulations applicable to you.

(a) Personal Information may be disclosed to and collected, used and/or stored by the Platform, and may be transferred to authorized vendors (vendors that provide services on our behalf subject to the restrictions of this Privacy Policy) for the purposes of hosting, maintaining and supporting the Platform, providing technical and customer support. the Platform takes reasonable contractual, technical and procedural measures to protect Personal Information and comply with applicable local laws and regulations while it is being processed, handled and/or stored by the Platform and its vendors.

(b) When you post or otherwise communicate any of your Personal Information within any communication tools on the Platform that facilitate engagement among End Users, your consent to disclosure is implied and the Platform shall not be responsible for any further disclosures which may result from such posting.

(c) Personal Information, including grades and other educational records, may be collected, used, hosted, and stored by and/or disclosed to instructors, administrators or other members of the educational institutions connected a particular course on the Platform through lists, grade books and other application functions. Teachers and school administrators may export grade book information from the Platform for the purpose of maintaining educational records, and in some instances, may also be able to import data already maintained by your educational institution into a Platform application.

(d) Personal Information may be collected, used, hosted, stored and disclosed by the Platform at the request of the educational institutions, school districts or system in which you are enrolled or by applicable governmental educational authorities, for educational or administrative purposes, such as evaluating student or instructor participation in the Platform activities or for evaluation of the Platform’s educational efficacy.

(e) In the event that the Platform, your educational institution or law enforcement authorities have reasonable basis to suspect that you are engaged in or attempt to engage in illegal conduct, misappropriation of password access, violations of these Terms and Conditiond, academic misconduct or other conduct prohibited by your academic institution or workplace, Personal Information may be disclosed to your educational institution, its faculty and administration and/or law enforcement or other regulatory officials in order to facilitate the investigation of the suspected misconduct. In the case, the Platform will be obliged to provide information to the stated third parties and your consent is not required.

8.4. Access, Correction and Contacting Us. If you wish to access or correct Personal Information provided in connection with this Platform, you may either view or make changes through the profile management function provided on the Platform or you may email or write to the Administrators at the addresses provided in Contact sections of the Platform. your right to access or correct Personal Information is subject 14 to applicable legal restrictions. We may take reasonable steps to verify your identity before granting access or making corrections. If you wish to make inquiries or complaints or have other concerns about our Personal Information practices (including regarding the transfer of Personal Information to other jurisdictions), you may email or write to us as described above.

8.5. Nature of Data on the Internet. Due to the complexity and open nature of the Internet, there is always a risk that information collected and/or displayed on the Platform may be compromised or accessed notwithstanding the implementation of stringent data security measures by the Platform. To mitigate such risks, you should (a) use secure usernames and passwords and carefully protect them from disclosure; (b) restrict your access of the Platform to secure networks; and (c) implement updated internet security and virus protection software on your computer system. Should you suspect that your computer’s security has been compromised or that your username or password may have been accessed by a third party, please contact our administrators. Also, change your password immediately through the profile management function provided on the Platform.

8.6. Privacy Policy Changes This Privacy Policy may be revised from time to time. We will not use or disclose Personal Information for purposes materially different than those described in this policy, unless you provide an expressed consent for these purposes. The Platform may change the Terms and Conditions and the Privacy Policy at any times. Any changes to the Privacy Policy will be notified to you by active means – pop-ups on the Platform and emails. Your continued provision of Personal Information or use of the Platform following the changes to this Privacy Policy constitutes your acceptance of any such changes. We encourage you to check News section and the links to the Terms and Conditions and Privacy Policy at the bottom of the Platform periodically

9.1. By registering on the Platform under this Agreement, you certify that: (a) the information you have provided to the Platform in order to register as an End User is complete, accurate and current; (b) you will notify the Platform within 15 days of any change in your registration information; (c) that you have read and consented to the Privacy Notice and the receipt of any notice or process at the email and/or mailing addresses provided by you; and (d) that you will not share your username and password.

Registration of students aged 14 or less is processed only after providing a consent signed by a parent. The consent is expressed electronically.

9.2. If any of these certifications is or becomes untrue, or if you do not comply in full with these requirements, the Platform has the right to suspend and/or terminate your access to the Platform.

9.3. You are also responsible for obtaining and using all computer hardware and software required for your access to and use of the Platform and for any charges incurred for your own access to the Platform through an Internet access provider or other third party Platform.

9.4. You are responsible for all uses of the Platform through your username and password, whether the use is made by you personally or by someone else. you are responsible for protecting and securing your username and password from unauthorized use and disclosure. In the event that you become aware of or believe there has been any breach of the Platform, such as the theft or unauthorized use of your username and password, you will notify the Platform immediately by contacting our administrators.

10.1. Your access commences the day you receive a confirmation email from the Administrators. Your obligations under this Agreement will exist until the access is terminated by you or the Platform.

10.2. You may terminate your rights to use the Platform at any time and without cause by notifying the Platform of your decision to terminate through an email to the Administrators.

10.3. The Platform may, in its sole and absolute discretion, and with or without notice, suspend your access to all or any part of the Platform, or terminate your rights to use the Platform, for any conduct or use (whether by you or anyone else having access under your username or password) that the Platform believes is a violation of these Terms and Conditions or for any other conduct or use that the Platform believes is harmful to other end users, the Platform’s content providers, or to the Platform or the interests of the Platform.

11.1. In the event that any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

11.2. You acknowledge that the Platform will be irreparably harmed by any breach of these Terms and Conditions by you or by your unauthorized use of the Platform or Platform Content and, further, that monetary damages may not be a sufficient remedy for such harm. you agree that the Platform shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of these Terms and Conditions by you or by your unauthorized use of the Platform or Platform Content.

11.3. These Terms and Conditions are the entire agreement between the Platform and you with respect to the Platform. Headings in these Terms and Conditions are for your convenience only and do not have any legal meaning or effect. If the Platform waives or fails to enforce any term or condition of these Terms and Conditions on any occasion, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of these Terms and Conditions cannot be changed by your or the Platform’s conduct. In addition to being a part of the registration form, these Terms and Conditions reside on the Platform under the “Terms and Conditions” link so that you may reference it at any time.

11.4. It is the express wish of the parties that these Terms and Conditions and all related documents be drawn up in English/Bulgarian.

© 2021 Samsung Electronics Romania SRL, Bulgaria Branch. All rights reserved.