Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) are an agreement between you and Edusoft-BG Ltd., a company registered in Bulgaria with its address at ul. Lunna Nosht 4, Sofia, Bulgaria (“we”, “us”, “our”). They govern your use of the SmartEduTrack website, web application, and mobile applications for iOS and Android (together, the “Services”).

By creating an account or using the Services, you agree to these Terms and confirm that you have read our Privacy Policy. If you do not agree, do not use the Services.

2. Who can use the Services

The Services are intended for teachers, educators, and educational organisations such as schools and kindergartens. You must be at least 18 years old to create an account. Children and students may not create accounts or use the apps.

If you use the Services on behalf of a school or other organisation, you confirm that you are authorised to accept these Terms on its behalf, and “you” includes that organisation.

3. Your account

You must provide accurate information when creating your account and keep it up to date. You can sign up with an email address and password or with Sign in with Google.

You are responsible for keeping your login details confidential and for all activity under your account. Tell us immediately at hello@smartedutrack.com if you believe your account has been accessed without permission.

You can delete your account at any time from your account settings in the app or web app, as described on our account deletion page.

4. Plans, subscriptions, and payments

• Free plan. The Starter plan is free and includes the features described on our website. We may change the features of the free plan with reasonable notice.
• Paid plans. Paid plans are purchased on our website and processed by our payment provider, Stripe. The mobile apps do not offer in-app purchases; if you have a paid plan, you can use its features in the apps by signing in to your account.
• Free trials. We may offer a free trial of a paid plan, such as a 14-day trial. If a trial requires payment details, your subscription starts and you will be charged when the trial ends unless you cancel before then.
• Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or yearly) at the then-current price until you cancel. Prices are shown before you buy and include or exclude VAT as indicated.
• Cancellation. You can cancel at any time in your account billing settings. Cancellation takes effect at the end of the current billing period, and you keep access to paid features until then.
• Price changes. We will notify you at least 30 days before a price change affects your subscription. If you do not agree, you can cancel before the new price applies.
• Refunds and withdrawal. If you are a consumer in the European Union, you may withdraw from a paid subscription within 14 days of purchase by contacting us at hello@smartedutrack.com. If you asked us to start the service during that period, we may deduct an amount proportionate to the service already provided. Otherwise, payments are non-refundable except where required by law.

5. Student data and school responsibilities

Teachers may enter information about their students, such as names, student numbers, avatars, and activity results. For this student data, you (or your school) are the data controller and we process it on your behalf, as described in our Privacy Policy. You agree that:

• you have a lawful basis and all permissions and consents required, including parental consent where applicable, before entering student data;
• you will follow your school’s policies and applicable data protection laws, including the GDPR;
• you will enter only the minimum student data needed, keep it accurate, and delete it when it is no longer needed;
• you will not include student data in content published to the Marketplace or in AI image prompts.

Schools and organisations can request a data processing agreement at hello@smartedutrack.com.

6. Your content

You keep ownership of the content you create or upload, such as classes, question sets, slides, images, audio, and video (“Your Content”). You are responsible for Your Content and confirm that you have the rights needed to use it.

You give us a limited, worldwide, non-exclusive, royalty-free licence to host, store, copy, process, and display Your Content only as needed to provide and improve the Services to you. This licence ends when you delete Your Content or your account, except for copies in backups, which are deleted as described in our Privacy Policy.

Sharing and the Marketplace

When you share a class with a colleague, they can view and use it according to the sharing permissions you set. When you publish a question set to the public Marketplace, you grant Edusoft-BG Ltd. and other SmartEduTrack users a non-exclusive, royalty-free, perpetual licence to view, copy, adapt, and use that set for educational purposes within the Services. Copies other users have made remain in their libraries if you later unpublish the set or delete your account.

7. AI-generated content

The Services let you generate images from text prompts using a third-party AI provider (OpenAI). When you use this feature:

• you must follow OpenAI’s usage policies and must not request unlawful, harmful, or inappropriate content;
• you must not include personal data, especially student data, in your prompts;
• generated images are provided “as is”; they may be inaccurate or unsuitable, and you are responsible for reviewing them before using them with students;
• as between you and us, you may use images you generate for your educational activities, subject to applicable law and the AI provider’s terms.

8. Acceptable use

You agree not to:

• use the Services in violation of any law or regulation;
• upload or create content that is unlawful, harmful, hateful, sexually explicit, violent, or otherwise inappropriate for an educational setting or for minors;
• infringe the intellectual property, privacy, or other rights of anyone;
• impersonate any person or organisation or misrepresent your affiliation;
• send spam, advertising, or unsolicited messages through the Services;
• access or attempt to access other users’ accounts or data, or probe, scan, or test the security of the Services without our written permission;
• copy, modify, reverse engineer, decompile, or create derivative works of the Services, except where the law allows it;
• scrape or collect data from the Services using automated means;
• upload viruses or malicious code, or interfere with the operation of the Services;
• resell or sublicense the Services without our written agreement.

9. Our intellectual property

The Services, including the software, design, logos, text, and other materials we provide (but excluding Your Content and other users’ content), are owned by Edusoft-BG Ltd. or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services for your educational purposes. SmartEduTrack and our logos are our trademarks and may not be used without our permission.

10. Mobile apps and app stores

If you download our mobile apps from the Apple App Store or Google Play, the following terms also apply. If they conflict with the rest of these Terms, these app store terms apply for the relevant app.

Apps downloaded from the Apple App Store

• Acknowledgement. These Terms are between you and Edusoft-BG Ltd. only, not with Apple Inc. (“Apple”). Edusoft-BG Ltd., not Apple, is solely responsible for the app and its content.
• Scope of licence. Your licence to use the app is limited to a non-transferable licence to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and support. Edusoft-BG Ltd. is solely responsible for providing maintenance and support for the app. Apple has no obligation to provide any maintenance or support services.
• Warranty. Edusoft-BG Ltd. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
• Product claims. Edusoft-BG Ltd., not Apple, is responsible for addressing any claims by you or a third party relating to the app or your use of it, including product liability claims, claims that the app fails to meet any legal or regulatory requirement, and claims under consumer protection, privacy, or similar laws.
• Intellectual property rights. If a third party claims that the app or your use of it infringes their intellectual property rights, Edusoft-BG Ltd., not Apple, is solely responsible for the investigation, defence, settlement, and discharge of that claim.
• Legal compliance. You confirm that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Contact. Questions, complaints, or claims about the app should be directed to Edusoft-BG Ltd., ul. Lunna Nosht 4, Sofia, Bulgaria, hello@smartedutrack.com.
• Third-party terms. You must comply with applicable third-party terms when using the app, such as your mobile data provider’s terms.
• Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

Apps downloaded from Google Play

These Terms are between you and Edusoft-BG Ltd. only, not with Google LLC (“Google”). Your use of the app must also comply with the Google Play Terms of Service. Google has no obligation to provide maintenance or support for the app, and Edusoft-BG Ltd., not Google, is responsible for the app and its content.

11. Third-party services

The Services rely on or link to third-party services, such as Google (Sign in with Google), Stripe (payments), and OpenAI (image generation). Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services that we do not control.

12. Suspension and termination

You can stop using the Services and delete your account at any time. If you have a paid plan, cancellation works as described in section 4.

We may suspend or terminate your access if you seriously or repeatedly breach these Terms, if required by law, or if your use creates a security risk or harms other users. Where reasonable, we will notify you in advance and give you a chance to fix the problem and to export Your Content.

We may discontinue the Services with at least 60 days’ notice, in which case we will refund the unused part of any prepaid fees.

13. Disclaimers and limitation of liability

We work to keep the Services available, secure, and accurate, but they are provided “as is” and “as available”. To the extent permitted by law, we do not guarantee that the Services will be uninterrupted or error-free, or that they will meet all of your requirements. You are responsible for keeping your own copies of important content.

To the extent permitted by law, Edusoft-BG Ltd. will not be liable for indirect or consequential losses, such as loss of profits, revenue, or data, and our total liability for any claim relating to the Services is limited to the greater of the amount you paid us in the 12 months before the claim arose or EUR 100.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud, for intentional misconduct or gross negligence, or any other liability that cannot be limited or excluded under applicable law. If you are a consumer, you keep all rights you have under mandatory consumer protection laws, including statutory rights relating to digital content and services.

Indemnity

If you use the Services on behalf of a school or organisation, that organisation agrees to indemnify Edusoft-BG Ltd. against claims by third parties arising from Your Content, from student data entered without a lawful basis or required consent, or from a breach of these Terms.

14. Governing law and disputes

These Terms are governed by the laws of the Republic of Bulgaria. Any dispute will be resolved by the competent courts in Sofia, Bulgaria.

If you are a consumer, this does not deprive you of the protection of the mandatory laws of the country where you live, and you may also bring proceedings in the courts of that country. Before starting legal proceedings, please contact us at hello@smartedutrack.com so we can try to resolve the issue informally.

15. Changes to these terms

We may update these Terms from time to time, for example to reflect changes to the Services or the law. We will change the “Last updated” date above, and for material changes we will notify you by email or in the app at least 30 days before they take effect. If you continue to use the Services after the changes take effect, you accept the updated Terms. If you do not agree, you can delete your account before then.

16. Contact us

If you have any questions about these Terms, contact us at:
Edusoft-BG Ltd.
ul. Lunna Nosht 4, Sofia, Bulgaria
Email: hello@smartedutrack.com