The term 'user' refers to any natural person, be they an adult or a minor (having obtained permission from their parents or person vested with parental authority), and any legal entity under Luxembourg or foreign law, who downloads the application CheckMath to a mobile phone or tablet.
The term 'application' (or 'app') refers to the software application CheckMath, which can be downloaded from the Apple 'App Store' and Google 'Play Store' platforms for installation on compatible mobile phones and tablets.
The company has developed a mobile app which is designed to validate the mathematical steps taken to reach a solution. CheckMath is available through the Apple 'App Store' and Google 'Play Store' services. The free app allows users to:
The app's main purpose is to provide a way to validate all steps of mathematical problem solved by a user.
The company may, at any time and without notice to the user, alter or update the purpose of the app.
To access and use the app, the user must have:
The comapny shall employ every effort to ensure security in accessing, viewing and using the app's content and services.
In principle, it should be available 24/7, except for reasons of force majeure or the occurrence of an event beyond the Company's control, and during operations:
Such operations may be carried out at any time, without prior notice to the user.
In the event that the app is unavailable or does not work properly, users are not entitled to any indemnification.
The app can be downloaded for free from 'App Store' or Google 'Play Store'.
The user alone is responsible for the equipment and hardware necessary to access and use the app. Similarly, the user is responsible for any telecommunication costs incurred to access and use the app.
A subscription required to use the advances features of the app must be purchased by the user using the payment facilities of the 'App Store' or 'Play Store'
The subscription is one time fee that grants users access to the full features of the app along with potential future updates.
The CheckMath s.a r.l.s is the exclusive owner of all intellectual property rights pertaining to the structure and content of the app, unless expressly stated otherwise.
These T's&C's do not entail the transfer of any intellectual property right to the user, with respect either to the structure or the content of the app and its services.
Users expressly undertake to refrain from using the app in such a way that may infringe the rights of the company and, in particular, refrain from any such use that may constitute counterfeiting or parasitic use of information, or unfair competition.
None of the texts, graphics, icons, photographs, illustrations and, more generally, none of the elements making up the app CheckMath, may be represented, reproduced, exploited or extracted, either in part or in full, on any medium whatsoever, without the CheckMath s.a r.l.s express written authorization.
The company grants users a free license to use CheckMath, limited strictly to personal use. As such, users shall refrain from using the app for business purposes.
The term 'business purposes' includes, in particular:
The company cannot fully guarantee the accuracy or completeness of all information contained in the app, whether provided by the company itself or by any other person or organization.
The CheckMath can only guarantee the accuracy and completeness of the information contained in the app and not that such information will be consistent with the information in the procedure.
Similarly, the comapny may not be held liable if access to the app is interrupted due to maintenance operations, updates or technical improvements, or for the purpose of making changes to the content and/or presentation.
In addition, the comapny may temporarily or permanently suspend access to the app and to any connected services, without indemnification.
The company accepts no liability for any direct or indirect damage occurring in connection with changes or modifications made to the app.
The company is not responsible for the content of any websites to which hyperlinks in the app may direct the user.
The user alone is responsible for updating to the latest version of the app. The company assumes no responsibility in this regard.
The company may not be held liable if, for any reason, the app becomes inaccessible.
The company may not be held liable if, for any reason, internet connectivity is interrupted.
The company may not be held liable for any omissions and/or errors the app may contain.
The company may not be held liable for:
The company accepts no liability whatsoever for any misuse of the mobile phone or tablet, or for any incident relating to the use of those devices when running the app. Under no circumstances may the company be held liable for any damage whatsoever, caused to the user, their terminal, their computing or phone equipment and data stored thereon, or for the consequences of such damage for their personal, professional or commercial activities.
The user declares that they are fully aware of and accept the risks, limitations and problems of the mobile internet network and the app's operating system, for which the company may not be held liable, and in particular, acknowledges that:
Users undertake not to use the app for fraudulent purposes.
Users acknowledge that they, and they alone, are responsible for any breach of their obligations under these Ts&Cs, and for the consequences of such a breach.
CheckMath does not transfer any of the user's personal data for storage by the company.
Only the Apple 'App Store' and Google 'Play Store' will process the personal data disclosed directly or indirectly by the user when downloading the app.
Apple and Google are the data controllers for the user's personal data thus disclosed
The CheckMath is not the data controller for the user's personal data.
Apple and Google are both subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the law of 1 August 2018 setting up the Commission nationale pour la protection des données (National Commission for Data Protection) and implementing the aforementioned regulation (EU) 2016/679.
Hence, it is the user's responsibility to contact Google or Apple to exercise their rights to access, rectify or delete the data concerning them, and their rights to limit its processing, object to processing, withdraw their consent and the right to data portability.
The company reserves the right to modify or supplement any or all of these Ts&Cs at any time, and without prior notice to the user, so that they reflect changes to services, or technical or legal changes, or any new services that may be introduced.
Thus, the company advises all users to apprise themselves of the Ts&Cs governing the use of the app. Only the latest version of these Ts&Cs accessible online is deemed to be in force at the time of use of the app by the user.
The company will notify users of any modifications to the Ts&Cs simply by publishing them online.
These T's&C's are subject to Luxembourg law.
Any dispute or disagreement arising in connection with the app or interpretation of these Ts&Cs, and which has not been amicably settled, shall be subject to the jurisdiction of the Luxembourg courts.
Last update 10.08.2019