AutismTech: Terms of Service

1. General provisions

1.1. Quartsoft AG, company number CHE-179.235.868, hereinafter referred to as "AutismTech" offer the Internet users to utilize "AutismTech" which is the service to automate behaviour data recording and analysis during behavior intervention aiming at behavior correction within Appiled Behavior Analysis framework, hereinafter referred to as "Service", under the terrms stated in this User Agrement, hereinafter referred to as the "Terms". The Agreement comes into force since the moment the User expresses the consent by signing a written service agreement between the user and AutismTech (hereinafter referred to as the "Agrement"). Service usage is allowed only by the user who received access credentials from AutismTech, including other access credentials for apllied behavior analysis specialists who run professional activity under the supervision of such user, hereinafter referred to as the "User".

1.2. Service usage is regulated by these Terms and Privacy Policy, published on https://autismtech.co/privacy. The Terms can be changed by Autismtech without any speciali notice; the new edition comes into force immediately after it is published on the Internet at www.autismtech.co/terms, in case other is foreseen by the new edition of the Terms. Valid edition of the Terms is available on www.autismtech.co/terms

1.3. Commencing to use the Service, the User is deemed accepted the Agreement, the Terms and Professional and Ethical Compliance Code for Behavior Analysts (hereinafter referred to as the "Code") published on https://www.bacb.com/wp-content/uploads/2020/05/BACB-Compliance-Code-english_190318.pdf in full and implicitly. In case the User disagrees with separate provisions of the Agreement, Terms, or the Code, the User may not use the Service. In case AutismTech introduces such changes that the User disagrees with, the latter must suspend using the Service.

1.4. By Using the Service, the User confirms and guarantees: 1)) the User age is lawful, 2) the User is trained and educated in Applied Behavior Analysis sufficiently to use the Service, and 3) the User has read, understood and adhered to the Terms. In case the User does not have sufficient theoretical and/or practical training in Applied Behavior Analysis, the User obliges to Use the Service under the supervision of the specialist in Applied Behavior Analysis who has sufficient education and professional training.

2. Access to the Service

2.1. In order to gain access usage of the Service functions in full, the User must sign the Agreement which results in creation of the system account with access credentials of the kind that allow create other accounts of specialists on Applied Behavior Analysis and authorized persons who act on behalf and for the sake of the User's clients, all of them using the Service under the supervision of the User.

2.2. The User may use the Service functions without signing the Agreement, for demonstration purposes. For this reason, the User refers to https://autismtech.co/ or https://autismtech.co/about , or https://autismtech.co/contacts and requests demonstration of the Service. AutismTech creates demonstration account with limited term, runs presentation of the Service functions and hands over acces credentials.

2.3. While signing the Agreement, the User obliges to submit full and valid information about the User to conclude the Agreement, as well as information to certify sufficient qualification in Applied Behavior Analysis to use the Service, including links to open official registers of certified specialists Applied Behavior Analysis, certificates of training, whether full programmes, or their respective parts. AutismTech reserves the right to request the User to submit confirmation of the data specified during signing the Agreement and the related documents, including those about the User qualification in Applied Behavior Analysis. In case the data specified in the Agreement differ from that specified in the confimration documents, AutismTech has the reason to suppose thet the information submitted is incomplete and invalid, violates the Code, thus AutismTech gains the right to block the account at own discretion, refuse the User in Service usage, or limit the Service usage until the User eliminates the violation revealed.

2.4. The User guarantees integrity and safety of keeping the password (including without exception other means of access to the account) and prevention of disclosure of access credentials to any third parties, including allowance to use the Service to any third parties under the User's access credentials. In case the User's data leak or any suspicion in confidentiality violation arises, the User obliges to immediately inform AutismTech using the data specified on https://autismtech.co/contacts. The User bears responsibility for all consequences of actions taken using the account in the Service created for the User.

2.5. AutismTech does not supply any devices or means of communication necessary to use the Service. The User bears own responsibility and expenses related to purchase, support and maintenance of devices and related services according th the specifications of such necessary suppliers, including means of ensuring data security that might be necessary to use the Service.

2.6. The User obliges to immediately inform AutismTech of any case of illegal access to the Service with the User's access credentials and/or any violation or suspicion in violation of confidentiality of the User's means of access to the User's account. For security reasons, the User must enforce safe logout (use the logout button) at ht end of each session of the Service usage. AutismTech is not held responsible for any data loss or damage and any other consequences of any nature that might happen as a result of violation of the Terms byt he User.

2.7. Account usage

2.7.1. User account is created by Autismtech as a result of the User's request, or the Agreement with the User.

2.7.2. The User must not copy, display by any means, keep and use for any purposes any parts of the Service, including interface elements, screenshots of their location, fonts, logos, parts of the software code of the Service for any purposes, including evaluation. The User may, according to the the provisions of the Code, use the documents generated by the Service, for further usage according to the confidentiality requirements to such kind of documents.

AutismTech can delete te User account on the basis of the following: 1) the User violates the provisions of the Terms, 2) the User violates the provisions of the Code, 3) the User requests to delete the account, 4) the Agreement with the User is terminated, 5) the provisions of the Agreement are violated. After the User account is deleted, all information within the account will be deleted, including the recorded data, reports ad related access credentials created for other specialists in Applied Behavior Analysis. AutismTech is not responsible for keeping and ensuring access to the User data after the User account is deleted.

2.7.2. How the User account is deleted

2.7.2.1. The User account is bloced for one month, during which the user has the possibility to access the Service to generate the reports based on the data recorded. During the limited activity period, the Service limits the functions of data recording for the User and accounts the User created.

2.7.2.2. In case the User account is restored during the term specified in Clause 2.7.2.1, the User may continue using the Service in full.

2.7.2.3. In case the User account is not restored during the term specified in Clause 2.7.2.1, all data recorded in it, icluding access credentials of other users created under the supervision of the User and their data, as well as all materials saved by the USer, will be deleted.

3. User conduct and rights

3.1. The User bears responsibility, according to the Code and the country of AutismTech registration, for professional conduct and proper usage of materials created by the Service, as well as consequences of the User's professionsl conduct. The User personally bears responsibility before any third parties for the User's actions related to the usage of the Service, including if such actions lead to vioaltion of rights and legal interests of any third parties, as well as adhering to the legislation related to the use of the Service.

3.2. The User consents that the User prevents:

usage of the Service for illegal purposes, or purposes resulting in any harm, including potential harm to other users of the Services existing at the moment of the User registration, or potential, or own clients, or clients of other users who utilize the Service in their professional activities.
spreading any information about the Service without reference with active links to the official data about the service published by AutismTech on the official pages of the Service https://autismtech.co/ and official confirmed profiles in social networks;
usage of the Service to falsify, misrepresent or make the information related to professional activities in Applied Behavior Analysis and generated by the User look valid;
intentional usage of the revealed drawbacks in operation of the Service to harm the reputation of AutismTech, or libel the Service in professional environment;
attempts of unauthorized access to accounts of other Service users, including accounts created by the User for runing professional activities in the sphere of Applied Behavior Analysis;
attempts of decompilation, reverse engineering, disassembling and other attempts to access the source code of the Service and modification of the Service or its part;
interference in operation of the Service so that such interference prevents usage of the Service by other users;
communication with other users and representatives of the Service to identify other users by their code names in the Service;
using of the Service for any purposes excepts those described in these Terms and on the official pages of the Service and vioalting these Terms, their aims and purposes.

3.3. While using the Service, the User has no right:

3.3.1. Upload, send, transfer or by any other way publish and/or spread the content which is illegal, defamatory, harmful, damages morality, demostrates (or is a kind of propaganda) of violence and brutality, violates intellectiual property rights, propagates hatred or discrimination of people by race, ethnicity, sex, religion or social stratums, contains insults aimed at people or organizations, contains elements or is as kind of propaganda of pornography, child erotics, has the nature (or is a kind of propaganda) of advertising of sexual services including such under the flags of other services, explains the technology of creation, usage or other kinds of utilizing narcotic substances or their substitutes, as well as weapons;

3.3.2. Violate the rights of the third parties, including youth and/or harm them in any manner;

3.3.3. Pretend to be another person or representative of another company or social group without sufficient rights, including pretending to be AutismTech staff members, forum moderators, website owners and apply any other means of illegal representation of other people in the Internet, as well as to mislead AutismTech users regarding the features and characteristics of other subjects and objects;

3.3.4. Upload, send, transfer or by any other way to publish and/or spread any content without legal rights to do so under the law or contractual obligations;

3.3.5. Upload, send, transfer or by any other way to publish and/or spread advertising information without special permission; to spam (including search engine spam). This restriction also relates to lists of email addresses, financial pyramid schmes, lultilevel marketing (MLM), sstems of gaining income over the internet and email businesses, "Nigerian mail";

3.3.6. Upload, send, transfer or by any other way to publish and/or spread any materials that contain viruses or other computer codes, files or software aimed at violating, damaging or limiting functionality of any teleccommunication equipment or software; thpse for gaining unathorized access as well as serial numbes to commercial software products and software for their generaiton, logins, passwords and other means of getting unathorized access to paid resources on the Internet, as wel as spreading links to resources which contain such information;

3.3.7. Perform unathorized collection and storage of personal data;

3.3.8. Violate laws, including international, by any other way.

4. Exclusive property and intellectual property rights

4.1. All objects available by means of the Service, including elements of design, text, images, illustrations, video, software for personal computers and mobile devices, databases, music and other objects (hereinafter referred to as the "Service Content") published in the Service and on official pages of the Service, including that published on the confirmed pages in social networks are the objects of exclusive rights of AutismTech.

4.2. Instructions on data recording created by the User within the User's account are deemed intellectual right of the User.

4.3. Usage of contentas well as any other elements of the Service is allowed only within the Service functionality for a specific hardware platform and according to restrictions to acces the recorded data for any user type created by the USer. No content elements of the Service, as well as no content published within the Service can be used by any other way withouts prior written consent of the rights owner. Usage is deemed: display, copying, reworking, any kind of spreading, display within a frame, etc. The only exclusion can be made according to the legislation of the country of AutismTech registration, or free expres of the User to transfer the User's intellectual rights according to Clause 4.2 of the Terms and available functionality of the Service expressed by assigning the other user account created by the User to utilize the instructions to record the data within the other user professional requirement.

4.4. The User may be allowed to use elements of the Service content for personal non-comercial use under the condition to keep all intellectual property right marks, marks of allied rights, trade marks, other marks of authorship, keeping the name (nickname) of the author / title of the right holder unchanged. The exclusion can be made only in cases directly foreseen by the legislation of the country of AutismTech registration.

5. User content

5.1. User content, hereinafter referred to as "UC"means any and all communication, images, sounds, video recordings, data and all information which the User uploads or transfers by means of the Service or mobile application of the Service, including instructions on behavior data recording or the same content uploaded and transferred by other users of the Serviceincluding without limitation any text information, contents of chat rooms, images, video data and data generated by the Service on the basis of the data recorded by the User and created by the User other accounts necessary to run professional activity of the User in the sphere of Applied Behavior Analysis. .

5.2. By transferring UC to the Service or by means of the Service, the User consents that such trnasfer meets the following criteria: 1) exactly meets the expectations and conduct of the User and third parties, 2) does not contradict confidentiality requirements within the applied legislation and the Code, 3) does not violate the rights of the User and third parties, 4) does not contain viruses or any other software code, files and software created to interfere with computer network and hardware operations, 5) does not violate provisions of Clause 3.3. of the Terms.

5.3. AutismTech reserves the right, but not obligation to utilize technical means of monotoring UC in order to prevent violation of these Terms and legislation of the country of legislation of AutismTech by means of the Service.

5.4. AutismTech has no right to interfere with the instructions to data recording created by the User, UC, copy, keep or utilize by any other means without the User consent.

6. Purchases and conditions of purchases.

6.1. Mobile application of the Service is the client to record the data by means of the Service, and is free for the User within the platform of the application.

6.2. The application provides incomplete funcitonality of the Service and is aimed exclusively at behavior data recording wheli running behavior intervention within Applied Behavior Analysis. To get full access to all functions of the Service, the User obliges to utilize web-version of the Service with the same access credentials as are vaild for the application.

6.3. The application is free from internal purchases.

6.4. Payment for Service usage is transferred by the User under the conditions of the Agreement.

7. Service updates.

7.1. AutismTech reserves the right to update the Service, the Application, and Terms with, or without the notification of the User.

7.2. The User consents that keeping to use the Service means full consent of the User with the updated functionality, interface and Terms.

7.3. The User consents that it will be necessary to update the Software and hardware related to usage of the Service and Application to continue using the Service and Application.

7.4. Changes introduced by AutismTech into the functionality and interface of the Service and the Application are aimed at improving the user experience and extending the Service functionality for professional use during intervention by means of Applied Behavior Analysis.

8. Disclaimer, Limitation of Liability

8.1. The User utilizes the Service at own risk. The Service is offered "as is". AutismTech does not account for any liability, including that for matching the Service and aims of the User.

8.2. AutismTech does not guarantee that: the Service complies with/will comply with the User requirements; the Service will be available continuously, fast, without faults and in a reliable manner; the results obtained by means of the Service will be vaild and exact and can be used for any other purposes (i.e. for establishing and/or confirmation of any facts); quality of any product, service, information, etc. obtained with the help of the Service will comply with the User expectations.

8.3. Any information and/or materials (including transferred software, messages, instructions and manuals, etc.) access to which is granted by means of the Service, the User utilizes at own risk and bears personal responsibilty for possible consequences of using the abovementioned information and/or materials, including damages which such usage may cause to the USer's computer, or third parties, ar any other harm.

8.4. AutismTech is held free of liability for any kinds of losses arisen as a result of the User's utilization of the Service, or separate parts, or functions of the Service.

8.5. Under any circumstances, responsibility of AutismTech is limited to one thousand (1000) EUR; and AutismTech can be held responsible only in case its guilt is proven.

8.6. The User consents to hold AutismTech, its representatives, staff, agents, managers and directors free from any liability, obligations, claims for losses and damages, including related legal expenses caused by 1) usage of the Service or its parts, 2) collection, transfer and usage of UC, 3) any violation of the provisions of the Agreement, the Terms and/or the Code, 4) any violation of the right of Autism or third partis by the User, 5) violation of the AutismTech registration country by the User.

8.7. AutismTech is not liable for direct or indirect losses caused by delay, change, or lack of access to the Service, transfer of UC within the Service, meaning of the UC. AutismTech is not held liable for direct and indirect losses related to usage of the Service or its part, data loss due to Service maintenance and update, development issues, User data damage resulting from interference by the third parties and/or harmful code.

9. Other provisions

9.1. These Terms is the contract between the User and AutismTech regarding the rules of useing the Service as is the integral part of the Agreement between the User and AutismTech.

9.2. These Terms are regulated and understood according to the country of AutismTech registration. Provisions, which are not stated in these Terms, are regulated by the legislation of the country of registration of AutismTech. All disputes resulting from the relations regulate by these Terms are resolved according to the legislation of the country of AutismTech registration. In case other is stated expressly, "legislation" is understood as legislation of AutismTech country of registration.

9.3. Due to the free nature of the Services rendered within these Terms, customer protection rights foreseen by the legislation cannot be exercised between the User and Autismtech in part of utilizing the Application.

9.4. Nothing in these Terms can be understood as establishing relations between the User and AutismTech, such as agent, friendship, joint venture, personal hire, or any other kind of relations not stated expressly in the Terms.

9.5. In case for some reason one or several provisions of these Terms are deemed invalid or such as having no legal power, it does not influence the vailidity or ability to exercise other provisions of the Terms or the Agreement.

9.6. Inactivity of AutismTech in case of breach of the Terms by the User or other users does not free AutismTech from the right to undertake proper actions to protect its interests later. It also does not constitute refusal of AutismTech from its rights in case such or akin vioaltions happen in the future.

9.7. These Terms are drawn in English, and in some cases at discretion of AutismTech can be presented to the User in Russian, Ukrainian, or Polish. In case of discrepancies between the Russian version and the version in other languages, the provisions of the Russian version prevail.

9.8. AutismTech retains the right to stop further development of the Service, its support and maintenance at any time. In this case, AutismTech offers the User composition for each full unused month of Service within the Agreement and two weeks for saving the UC after forwarding the User the corresponding written notification of such decision. After the term for saving the data is over, access to te Service is terminated.

9.9. AutismTech retains the right to publish additional policies of using the Service. The right of the User to utilize the Service is regulated by such policies and these Terms.

10. Jurisdiction and dispute regulation

10.1. In case of disputes, the User and AutismTech inact negotiations to settle the dispute using contact credentials specified in the Agreement.

10.2. In case of violation of User rights, legislation of the country of AutismTech registration is applied to settle the dispute.

11. Additional requirements to App Store applications.

11.1. Upon downloading the client for using the Service from the App Store, the User consents to use the Service exclusively on compatilble iOS devices accroding to the Terms specified by Apple for using iTunes and App Store.

11.2. Upon downloading the client from any other source, including Google Play or Amazon App Store, (hereinafter - "Platform"), the User acknowledges and consents to: 1) these Terms are valid between the User and AutismTech, but not with the Platform, 2) the Platform is not obliged to run support and maintenance for the Service, 3) in case usage of Service contradicts with any warranty regulations, the User informa AutismTech about it, not the Platform, whereas the Platform has no warranty obligations related to the Service, 4) the Platform does not bear responsibilty for processing claims related to usage of the Service, including responsibility requirements, compliance with User's regional customer rights legislation.

Terms of Service Autismtech.co