These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "user") and phucngo ("we," "us," or "our") regarding your use of the Mathy mobile application (the "App").
By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not download, install, access, or use the App.
If you are using the App on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" will include both you and the organization.
Mathy is an educational math game application designed for iOS devices. The App provides users with interactive math challenges and exercises intended for entertainment and educational purposes. The App features:
- Timed math expression challenges
- Score tracking
- Best score recording
- Sound effects and user preferences
- Sharing capabilities for game achievements
You must be at least 13 years old (or the age of majority in your jurisdiction) to use this App. If you are under 18, you represent that you have your parent's or guardian's permission to use the App and that they have read and agreed to these Terms on your behalf.
If you are a parent or guardian permitting a person under 18 to use the App, you agree to:
- Exercise supervision over the minor's use of the App
- Assume all risks associated with the minor's use of the App
- Assume all liability resulting from the minor's use of the App
- Ensure the accuracy and truthfulness of all information submitted by the minor
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Download and install the App on iOS devices that you own or control
- Use the App for personal, non-commercial purposes
Restrictions on Use:
You may NOT:
- Copy, modify, adapt, alter, translate, or create derivative works of the App
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
- Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
- Rent, lease, lend, sell, sublicense, assign, distribute, or otherwise transfer the App or any rights granted to you
- Use the App for any commercial purpose without our express written permission
- Use the App in any way that violates any applicable federal, state, local, or international law or regulation
- Attempt to gain unauthorized access to the App or any related systems or networks
- Interfere with or disrupt the operation of the App
This license is granted for the duration of these Terms and terminates immediately upon any violation of these Terms or upon termination of these Terms.
Our Property:
The App, including its original content, features, functionality, design, graphics, logos, text, images, audio clips, and software, is owned by us and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
All rights, title, and interest in and to the App remain with us. Nothing in these Terms grants you any right, title, or interest in or to any intellectual property owned by us.
User-Generated Content:
The App may allow you to save and share screenshots or images. You retain ownership of any content you create using the App. By using sharing features, you represent and warrant that you have the right to share such content and that it does not violate any third-party rights.
You are solely responsible for:
1. Proper Use: Using the App only in a manner consistent with these Terms and all applicable laws and regulations
2. Device Security: Maintaining the security of your device and any credentials used to access the App
3. Data Backup: Backing up any data you wish to preserve, as we are not responsible for any data loss
4. System Requirements: Ensuring your device meets the minimum system requirements for the App
5. Compliance: Complying with all applicable local, state, national, and international laws and regulations
You may not use the App:
- In any way that violates any applicable law or regulation
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity
- In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful
- In connection with any automated system, including without limitation, "robots," "spiders," or "offline readers"
- To interfere with or circumvent the security features of the App
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR AVAILABILITY
- THAT THE APP WILL MEET YOUR REQUIREMENTS
- THAT THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
- THAT DEFECTS WILL BE CORRECTED
We do not warrant that the App, its servers, or any content or services available through the App are free of viruses or other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION:
- DAMAGES FOR LOSS OF PROFITS
- GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
- DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE APP
- DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
This limitation applies regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
Our total liability to you for all claims arising from or related to the use of the App shall not exceed the amount you paid for the App (if any) or $10, whichever is greater.
Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the App
- Any content you create or share using the App
- Your violation of any rights of another party
We reserve the right, in our sole discretion, to:
- Terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms
- Discontinue or modify the App at any time
Upon termination:
- Your right to use the App will immediately cease
- All data stored locally on your device may be lost if you delete the App
- Provisions of these Terms that by their nature should survive termination shall survive termination
If you downloaded the App from the Apple App Store:
1. Apple as Third-Party Beneficiary: These Terms are between you and us, not Apple. Apple is not responsible for the App or its content. However, Apple is a third-party beneficiary of these Terms and has the right to enforce these Terms against you.
2. App Store Terms: Your use of the App must comply with the Apple Media Services Terms and Conditions.
3. Apple's Responsibility: Apple has no obligation to furnish any maintenance and support services with respect to the App.
4. Product Claims: 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 applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
5. Intellectual Property Claims: If there is a claim that the App infringes your intellectual property rights, Apple is not responsible for the investigation, defense, settlement, and discharge of any such claim.
6. Location: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the App.
If you have any questions about these Terms of Use, please contact us:
- Email: phucngo.apps@gmail.com
- Developer: Phúc Ngô