Benative Terms of Use and Privacy Policy

Last Updated: February 06, 2017

The following terms of use (the ’Terms of Use’) govern your use of SMATOOS Inc.'s (’CashEnglish’, ‘CashSpanish’, ‘BeNative’, ‘SMATOOS’, ’we’, ’ us’, ’our’, ‘these’) apps, including BeNative, CashEnglish, and CashSpanish. These Terms of Use form an agreement between SMATOOS Inc. and you, so please read these Terms of Use carefully before using any of the apps listed above. By using our apps, you agree to be bound by and comply with these Terms of Use. If you do not agree with the Terms of Use, your sole recourse is to immediately cease your use of these apps.

OWNERSHIP / RESTRICTIONS ON USE

BeNative, CashEnglish, and CashSpanish are owned and provided by SMATOOS, Inc. You are granted a limited, revocable, non-transferable, non-exclusive license to use these apps on smartphones or other mobile devices that you own or control. SMATOOS can terminate this license at any time and with or without any reason. The layout, content, graphics, photographs, images, audio, video, processes, trademarks, service marks, trade names and other information including, without limitation, the ’look and feel’ of SMATOOS apps (collectively, the ’Content’) is strictly owned by SMATOOS Inc. The Content contained in SMATOOS apps are proprietary to SMATOOS Inc., its affiliates and/or third-party licensors. The Content is protected by international copyright and trademark laws, and you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content.

REGISTRATION

In order to use any apps from SMATOOS, you must register on the appropriate app with your personal social media or e-mail account. You represent and warrant that the registration and account related information you provide is accurate and will be kept up-to-date. You alone are responsible for any and all activity that occurs in the apps through your account, and you agree to immediately notify us upon becoming aware of any unauthorized use of your account or any other breach of security related to the apps. There may only be one social media account or e-mail address associated with each registered account.

USER CONDUCT

As a condition of your continued access to and use of any SMATOOS apps, you agree to abide by all applicable laws including their federal, provincial, state, territorial and other laws and regulations and these Terms of Use. Your failure to comply with these Terms of Use, including the following ’Code of Conduct’ may result in the termination of your account and may expose you to civil and/or criminal liability under applicable laws. Specifically, in addition, without limiting the foregoing, you agree not to:

IN APP PURCHASES AND VIRTUAL CURRENCY

In the app you may purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual currency called “Coins.” Coins may be used to unlock features, provide game hints, and purchase other in-game virtual items such as “Hearts.” SMATOOS, Inc. may manage, modify, regulate, or remove virtual currency at any time, with or without notice.

The transfer of virtual currency is prohibited. You shall not sell, redeem, or otherwise transfer virtual currency to any person or entity, including but not limited to SMATOOS, Inc., another user, or any third party.

All purchases and redemptions of third party virtual currency made through the app are final and non-refundable. The provision of virtual currency is a service provided by SMATOOS, Inc. that commences immediately upon acceptance of your purchase.

SMATOOS, Inc. may revise the pricing for virtual currency at any time. You acknowledge that we are not required to provide a refund for any reason, and that you will not receive compensation for unused virtual currency or items when an account is closed (voluntary or involuntary) or if and when any of our app services terminate.

ADDITIONAL USAGE RULES

Since you installed either BeNative, CashEnglish, or CashSpanish from a third party app store, your use of the app may be governed by usage rules established by the app store provider which relate to your usage of our apps (the ’Usage Rules’) in addition to these Terms of Use. You represent and warrant that you are not prohibited by any applicable laws or Usage Rules from downloading and using our apps. By downloading, installing and using our apps, you acknowledge and agree that these Terms of Use are between you and SMATOOS Inc., and not with Android Inc. (’Android’).

Also, you acknowledge and agree that Android:

  1. (a) is not liable to you in any way whatsoever in relation to SMATOOS apps, including but limited to the distribution, use, performance or non-performance of BeNative, CashEnglish, and CashSpanish;
  2. (b) has no obligation whatsoever to furnish any maintenance and support services to you with respect to SMATOOS apps;
  3. (c) is not responsible for addressing any claims you may have relating to SMATOOS apps or your use of the apps, including but not limited to, product liability claims, any claim that SMATOOS, Inc. fails to conform to any applicable legal or regulatory environment, and claims arising under consumer protection or similar legislation;
  4. (d) is not responsible for the investigation, defense, settlement or discharge of any third party claims that SMATOOS, Inc. or your possession of SMATOOS apps infringes that third party's intellectual property rights; and
  5. (e) is a third party beneficiary to these Terms of Use solely in respect of this paragraph, and will have the right to enforce these Terms of Use against you as a third party beneficiary hereof.

ENFORCEMENT

We reserve the right (but have no obligation) to review any content that you upload, create, or share through any SMATOOS apps. We may remove any content that violates the Code of Conduct, and suspend or terminate your account at any time for any reason in our sole discretion with or without notice to you.

DISCLAIMER / LIMITATION OF LIABILITY

BeNative, CashEnglish, and CashSpanish are being provided on an ’as is’ and ’as available’ basis and without warranties of any kind, either express or implied. SMATOOS Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. SMATOOS Inc. does not warrant that your use of SMATOOS apps will be uninterrupted, error-free or free of viruses or other harmful components. SMATOOS Inc. may correct, modify, amend, enhance, improve and make any other changes to its apps at any time with or without notice.

In no event will SMATOOS Inc. be liable for any direct, indirect, incidental, special, or consequential damages that result from or are in connection with the use of, or the inability to use its apps, even if SMATOOS Inc. has been advised of the possibility of such damages.

SMATOOS Inc. makes no warranties regarding any of the accuracy of information and learning content on this application and website. You expressly release and hold SMATOOS Inc. harmless from any and all claims, losses, liability, damages, injuries and expenses (including, without limitation, personal injury claims) arising out of or relating to your use of its apps, any information obtained through its apps, or any alleged violation by you of these terms of use.

INDEMNITY

You agree to indemnify SMATOOS Inc., its affiliates, directors, officers, employees, agents, suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your use of SMATOOS apps or anyone using said apps through your account, or any alleged violation by you or anyone using the apps through your account of these Terms of Use, including, without limitation, the Code of Conduct.

In particular, you agree to indemnify SMATOOS Inc., its affiliates, directors, officers, employees, agents, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information you obtain through SMATOOS apps.

PRIVACY

SMATOOS Inc. respects your right to the privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

CHANGES AND TERMINATION

SMATOOS Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, any SMATOOS app (or any part or function thereof) with or without notice. Further, SMATOOS Inc. reserves the right to change these Terms of Use at any time. You are responsible for regularly reviewing these Terms of Use, including, without limitation, by checking the date of ’Last Updated’ at the top of this document. Continued use of the apps after any such changes will constitute your consent to be bound by such changes, with continued provision of the use of SMATOOS apps constituting consideration from SMATOOS Inc. to you for being bound. Your only right with respect to any dissatisfaction with these Terms of Use, any policy or practice of ours in operating SMATOOS apps is to cease using the apps.

TRADEMARKS

‘BeNative’, ’CashEnglish’, ‘CashSpanish’, and ‘SMATOOS’ are trademarks of SMATOOS Inc. Other marks, graphics, typefaces, trademarks and logos appearing on SMATOOS apps are trademarks or trade dress of SMATOOS Inc. or its licensors. All other trademarks appearing on our apps are the property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.

APPLICABLE LAWS

Unless the applicable laws of your jurisdiction require that the laws of your jurisdiction govern, these Terms of Use will be governed by and construed in accordance with the laws of South Korea, applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Seoul. If any provision of the present Terms of Use will be unlawful, void, or for any reason unenforceable, then such provision will be severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form will be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only commence an action or application as an individual. You agree that you will not file a class action, or participate in a class action.

These Terms of Use constitute the entire agreement between you and SMATOOS Inc. with respect to the use of any apps including BeNative, CashEnglish, and CashSpanish.

REWARDS POLICY

For detailed information regarding the manner of awarding and distributing our rewards for CashEnglish and CashSpanish, please review our Rewards Policy.

For BeNative rewards, reward winners may be selected weekly or bi-weekly. The amount of rewards may change for any reason, and with or without advance notice. The minimum age requirement to be eligible is 13 years, or higher if the laws of your country dictate so. Users will be ineligible to receive rewards if they are found to violate the Terms of Use and/or Private Policy. All users are advised to check the laws governing their country, as well as be aware that all rewards may be subject to taxation. We claim no liability for reduction in rewards due to local and international tax regulations regarding the sending and receiving of rewards. Users must have a minimum of $10 USD in their balance in order to withdraw funds for a gift card, and $100 USD for a bank transfer. The availability of certain gift cards may change without notice. Failure to provide the necessary information regarding withdrawing and/or redemption of the cash prize to BeNative via email will result in the forfeiture of the reward. Rewards must be collected within 3 months of the date that the reward was issued. Otherwise, the reward will expire and no longer be eligible for redemption. BeNative will not honor expired rewards under any circumstances. In order to receive the prize, the winner must comply with BeNative in making arrangements to receive the prize under South Korean law. Full prize amount may be reduced due to tax fees and bank transfer fees. All prize amounts are subject to tax reduction under South Korean law. According to South Korean law, prizes are subject to a 22% tax. Prize may not be delivered same day, and may take a longer period of time depending on the country of the winner. BeNative reserves the right to remove rewards and all reward features from the app at any time. If rewards are removed, users may or may not be notified in advance. In the case of removal, remaining balances may be forfeited, upon the discretion of BeNative.

QUESTIONS

If you have any questions or comments regarding these Terms of Use please contact us at help@cashenglish.com or help@benative.com, depending on the service in question.

Privacy Policy

This privacy policy governs your use of the software applications BeNative, CashEnglish, and CashSpanish (“Application”) for mobile devices that were created by SMATOOS Inc.

User Provided Information

The Application obtains the information you provide (email account, name, ID if logging in using social media account) when you download and register the Application. Registration with us is mandatory in order to be able to use the basic features of the Application.

We may also use the information you provided us to contact you from time to time to provide you with rewards money and giftcards that the you redeemed from our application, important information, required notices and marketing promotions.

Automatically Collected Information

The Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

We may disclose User Provided and Automatically Collected Information:

Automatic Data Collection and Advertising

We may work autonomously or cooperatively with analytics companies to help us understand how the Application is being used, such as the frequency and duration of usage. We work with advertisers and third party advertising networks, who need to know how you interact with advertising provided in the Application which helps us expand our rewards amount through attracting more advertising companies and advertisements. Advertisers and advertising networks use some of the information collected by the Application, including, but not limited to, the unique identification ID of your mobile device. To protect the anonymity of this information, we use an encryption technology to help ensure that these third parties can’t identify you personally. These third parties may also obtain anonymous information about other applications you’ve downloaded to your mobile device, the mobile websites you visit, your non-precise location information (e.g., your zip code), and other non- precise location information in order to help analyze and serve anonymous targeted advertising on the Application and elsewhere. We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.

Collected Information is stored in Google Analytics Server and is analyzed via Google Analytics Console page. Also, collected information is stored in SMATOOS Inc.’s server, and it is analyzed through Elasticsearch.

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at either contact@cashenglish.com or contact@benative.com and we will respond in a reasonable time. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at either help@cashenglish.com or help@benative.com. We will delete such information from our files within a reasonable time.

Automatic data collection and access on mobile devices:

By using SMATOOS Inc. application(s), you consent to automatic data collection and device access on Android and iOS devices. All collected data is used for operational purposes and will not be shared or sold to a third party. The user agrees to grant device permissions on the following SMATOOS Inc, Android applications: Speak Real English Lite, CashSpanish, CashEnglish, BeNative, 원어민이 입만 열면 사용하는 필수영단어 앱.

How We Use Device Permissions and Information:

Our app(s) contains the ability to record audio. In order to use this function, you must provide access to your device’s microphone. On Android devices, this permission is called RECORD_AUDIO. Once permission is granted, the microphone is only activated during the time the user engages the app’s record function. The recorded audio file is stored locally on your device. User-recorded audio is not uploaded to our server. Audio recordings are stored in the app until another recording is made. There is no way to save, export, or extract your audio recording from the app. The locally stored audio recording is only used for the app’s educational purposes, and accessible only to the user of the device. User-recorded audio files will never be shared, stored, or sold to a third party unless required by law.

Our apps rely on internet connectivity to function. To ensure optimal performance, our app will access information about the device’s state, such as: phone number, current cellular network, the status of ongoing calls, and a list of phone accounts that are registered on the device. The main purpose of this access is to optimize the performance of the app’s network connection.

When registering an account, our app(s) may access the list of accounts that are stored in the Accounts Service (android devices). This permission is called GET_ACCOUNTS. The purpose of this permission is the access existing accounts stored on your device in order to log into SMATOOS Inc, services. All information accessed from GET_ACCOUNTS will never be shared to third parties unless required by law.

SMATOOS Inc, shares your personally-identifiable information only when it is reasonably necessary to offer our service(s), legally required, or permitted by you.

Security

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Applications. Please be aware that, although we endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/handheld device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.

Contact us

If you have any questions regarding privacy while using any of our Applications, or have questions about our practices, please contact us via email at help@cashenglish.com (for CashEnglish or CashSpanish) or help@benative.com (for BeNative).