Calculator 42 - Math Assistant - Terms of Use

Terms of Use

Last Modified July 27, 2020

Calculator 42 - Math Assistant

The Terms

These Terms of Use, including those set in the Privacy Policy.

Individual Nikolay Donets

Contact email: nd@donets.org

The Copyright Holder’s subsidiaries, affiliates, officers, employees, agents, partners, and licensors.

The Application

Mobile application “Calculator 42 - Math Assistant” - the Copyright Holder’s computer program intended for installation and use, and all necessary software, information, products, services and content (if any) used in connection with this program.

User

The individual using the Application, who has concluded this Terms with the Copyright Holder in his/her or another’s interest under the requirements of the current law.

From the moment of the conclusion of this Terms, the Copyright Holder grants a user the right to use the Application on the territory of all countries of the world for a specified period. The following actions confirm the familiarisation and full unconditional acceptance by the user of the conditions outlined in this document and conclude an agreement between the user and the Copyright Holder on the above conditions under the provisions of Clause 437 and Clause 438 of the Civil Code of the Russian Federation. All disputes under the Terms or in connection with it are subject to consideration in court at the location of the Copyright Holder in accordance with the procedural law of the Russian Federation.

This Terms of Use relate solely to the Application.

Full Terms

Agreement

The Application and services available in connection with the Application are made available to you by the Copyright Holder (“We”, “Us”) subject to the Terms. By accessing, using or downloading the Application and any materials from the Application, you agree to follow and be bound by the Terms, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time here. We and third-party providers may make improvements and/or changes in the products, services, mobile applications, features, programs, and prices described in the Application at any time without notice. Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages of the Application. If you do not agree with the Terms, please do not use the Application. We reserve the right to modify or discontinue, temporarily or permanently, the Application or any portion of it with or without notice at any time. You agree that we shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Application or any portion of it.

BY CONTINUING TO USE THE APPLICATION, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS

User conduct

The Application is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Application, use of the Application or access to the Application.

Subscription payments, renewals and cancellation

If you choose to buy a subscription that extends the functionality of the Application in any manner, payment will be charged to your Apple ID account at the confirmation of purchase. The subscription automatically renews unless it is cancelled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours before the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase. All purchases are final. We cannot issue refunds for purchases charged to your Apple ID.

Electronic communications

The Application may provide you with the ability to send emails or other communications to third-party service providers, advertisers, other users, and/or us. You agree to use communication methods available in the Application only to send communications and materials related to the subject matter for which we provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using any of the communications methods available on the Application, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third-party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by us (unless expressly stated otherwise by us), © communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by us in any manner, though we reserve the right to do so at any time at its sole discretion under the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Proprietary rights

You acknowledge and agree that the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Application, the software or content available in the App (other than content that you may submit), in whole or in part. We grant you a personal, non-transferable and non-exclusive right and license to access and use the Application, provided that you do not (and do not allow any third-party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Application. You agree not to access the Application by any means other than through the interface that is provided by us for use in accessing the Application. We reserve all rights not expressly granted hereunder.

Disclaimer of warranties and liability

The Application is provided to you “as is” and without warranty. The Copyright Holder and the Related Parties hereby disclaim all warranties concerning such information, software, products, services and content, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The Copyright Holder and the Related Parties make no warranty that (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure, or error-free; © the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (e) any errors in the app will be corrected.

You expressly agree to release the Copyright Holder and the Related Parties from all liability connected with your activities and promise not to sue the Copyright Holder and the Related Parties for any claims, actions, injuries, damages, or losses associated with your activities. You also agree that in no event shall the Copyright Holder and the Related Parties be liable to you or any third-party for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (a) your use or misuse of the app, (b) your dealings with third-party service providers or advertisers available through the app, © any delay or inability to use the app experienced by you, (d) any information, software, products, services, or content obtained through the Application, whether based on contract, tort, strict liability, or otherwise, even if the Copyright Holder and the Related Parties have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Final provisions

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Copyright Holder as a result of the Terms or your use of the Application. The Terms constitute the entire agreement between you and the Copyright Holder concerning your use of the Application. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of us. We have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third-party contractors to fulfil its duties and obligations under these Terms and in connection with the Application. Our notice to you via email, regular mail, or notices or links in the Application shall constitute acceptable notice to you under the Terms. A printed version of the Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Other

Section titles and headings are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.