Last updated: March 29, 2021.
Please carefully read this End User License Agreement (“EULA”) before downloading or using the Application. This EULA is a legal agreement between you and Amax Software Sp. z o.o. (“Amax Software”, “our”, “we”, or “us”). This EULA agreement governs your (collectively, “you” or “your”) and your child’s or student’s acquisition and use of our Amax Kids Academy software (“Application”) directly from Amax Software Sp. z o.o. or indirectly through a Amax Software Sp. z o.o. authorized reseller or distributor.
By clicking the “accept” button or downloading/installing or using the Application, you acknowledge that you have read, understood, and agreed to the terms and conditions herein. If you do not agree to be bound by all of this EULA, you should not access or use the Application.
Privacy
The collection, use and disclosure, if any, of data and information collected from you, or a child authorized by you, by Amax Software is detailed in Amax Software’ Privacy Policy- that can be found on the privacy policy section of the Amax Software Website at https://amaxkids.com/privacy-policy/ which is incorporated by reference and made an integral part of this License.
Application Content
The Application contains text, software, images, photographs, graphics, audio, video, visual interfaces, logos, designs, product names, and technical specifications (“Content”) which are derived in whole or in part from information and materials supplied by us and other sources (including third parties), and are protected by copyright, trademark, patent, and other applicable laws. The entire content of the Application is copyrighted as a collective work under the Polish Copyright Law. Trademarks, logos, and service marks displayed on the Application are registered and unregistered trademarks of Amax Software, its licensors or content providers, or other third parties. By allowing your child or student to use the Application, you and your child/student acknowledge that the Application may contain Content provided by us or by third parties that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or later developed. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent that the law provides.
Changes to Product and Service Offerings
Amax Software provides its users with access to Content streamed through the Internet to certain devices. You acknowledge and agree that we may suspend or discontinue offering the services; modify the Application; change or discontinue the services available through the Application; change how we offer and operate such services and therefore the availability of Content may change from time to time, and from geographic territory to territory, for a number of reasons (including publisher deals and available Internet bandwidth). As a result, we do not guarantee that any Content will be available or remain available on Application (including during any subscription period).
Subscription Service
Although certain features, activities and/or content of the Application may be available at no charge to you, other features, activities and/or content may only be available to you if you agree to pay for a subscription plan. Your subscription to the Application gives full access to all their content as long as your subscription is active.
Payment
You can subscribe to one of the option plans offered. Billing cycle will be on a monthly subscription billed monthly, on the anniversary of the start of subscription date.
Renewal
Your subscription automatically renews for the same period as your initial subscription unless auto-renew is turned off at least 24-hours before the end of the current period.
Subscription Cancellation
At any time, you can cancel the auto-renewal of your subscription. If you cancel the auto-renewal of your subscription, it shall remain active until your option plan has lapsed. Please note that you will not get a refund for any remaining period of a subscription. When your subscription has lapsed, you may lose access to the Application, its content and/or prizes you obtained while your subscription was active.
License and Access
We hereby grant you and your child or student a limited, non-exclusive, revocable, non-assignable, non-transferable authorization to view and use the Application and any Content contained on this Application for those purposes expressly authorized by us. Unless expressly permitted otherwise, your child or student may use the Application and download Content for his/her own personal information and non-commercial, educational use, including to access teaching materials.
Nothing in this EULA is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of Amax Software or any third party, except as expressly provided in this EULA. You agree, and agree on behalf of your child or student, not to remove, obscure, or modify any trademark legend or copyright notice, author attribution, or other notice placed on or contained within any of the Content. All rights not otherwise expressly granted by this EULA are reserved by us.
User Warranties
You hereby represent and warrant to us that you (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under this EULA, including, if you are below the age of 18, but between the ages of 10 and 18 that you have consent of your parent or guardian to access and use the Application; and (ii) you will comply with and will cause your child or student to comply with the terms and conditions of this EULA and any other agreement to which you are subject that is related to your use of the Application or any part thereof.
User Restrictions
You agree, and agree on behalf of your child or student, to use the Application only for the purposes that are permitted by this EULA. By using and accessing the Application, you acknowledge and agree, and agree on behalf of your child or student, that you and he/she must NOT:
- use the Application for any illegal or unauthorized purpose, including using the Application in a manner that intentionally or unintentionally violates any applicable local, state, national or international law, or for any purpose that infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
- use the Application for any purpose that may be deemed by us to be threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy (including stalking), tortious, or otherwise in violation of this EULA;
- use the Application for any purpose that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or use the Application to harm or exploit minors in any way;
- engage in any activity or use any device, software, or routine that interferes with or disrupts the Application (or the servers and networks which are connected to the Application), or a user’s access to the Application, or the Application’ operations, including transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or by injecting content or code or otherwise alter or interfere with the way any part of the Application is rendered or displayed in a user’s browser or device;
- use any automatic or manual device or process to harvest or compile information for any reason;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up part of the Application;
- utilize any portion of the Application to gain unauthorized access to any other systems or programs;
- impersonate any person or entity, including any employee or representative of us or otherwise misrepresent your affiliation with a person or entity;
- take any action to circumvent, compromise or defeat any security measures implemented on the Application, including to gain unauthorized access to any portion of the Application, personally identifiable information or other computers, websites or pages, connected or linked to the Application;
- modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of the Application;
- collect or store personal data about other users without permission; and
- use the Application for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling.
Your and your child’s or student’s access to the Application may be revoked by us at any time with or without cause. We may also terminate or suspend your and your child’s or student’s access to all or part of the Application, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Application (or other users) or is in violation of any applicable law or this EULA.
Reporting Abuse
If you or any other user suspects or knows of any abuse, harassment, or inappropriate conduct by or towards you or any of the other users of the Application, you shall immediately notify us at the below address, and reasonably cooperate with us to address such conduct. As stated above, we may terminate or suspend your or any other user’s access to the Application, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Application or other users or is in violation of any applicable law or this EULA. Please report any abuse to us via email at office@amaxsoftware.com or call us via Phone: +48-781-568-917
App Stores
Your use of the Application is subject to the terms and conditions of the App Store on which you downloaded the Application. For details, refer to the terms of use of the App Stores, as applicable.
Updates
Amax Software may, at its entire discretion, make updates or modifications to certain parameters of the Application to fine-tune its gameplay or for other purposes. These updates or modifications may result in loss of data or progress within the game. Amax Software reserves the right to make these updates or modifications and will not be held liable to you for such updates or modifications and their resulting loss of data or progress. Please note that you may need to update your version of the Application to continue playing.
A/B testing
You agree that Amax Software may present you with different versions of the Application in order to conduct user interface studies (also known as A/B testing). Amax Software will have no obligation to inform you of the existence of other versions of the Application, nor to provide you with a version you previously used.
Access Fees
You must provide at your own expense the equipment, Internet connection, devices, service plans necessary to access and use the Application. An Internet connection is required to use the Content of the Application. Amax Software does not guarantee that the Application can be accessed and used on all devices and wireless service plans, nor does it guarantee that the Application is available in all geographic locations. When you use the Application, your wireless service provider may subject you to fees for data and/or wireless access. You acknowledge and agree that you are solely responsible for any costs you may incur to access the Application.
Charges and Billing Information
Amax Software may manage, modify or revalue the Application or any item included in the Application and their pricing at its sole discretion without advance notice or liability. All expenses and costs incurred by you or a child you have authorized in connection with your/the child’s activities hereunder, if any, are your sole responsibility. You are not entitled to reimbursement from Amax Software for any expenses, and you will hold Amax Software harmless therefrom.
No Warranty
You expressly acknowledge and agree that use of the Application is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable laws, the Application and any services performed or provided by the Application („Services”) are provided „as is” and “as available”, with all faults and without warranty of any kind, and Amax Software hereby disclaims all warranties and conditions with respect to the Application and any Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Amax Software does not warrant against interference with your enjoyment of the Application, that the functions contained in, or Services performed or provided by, the Application will meet your requirements, that the operation of the Application or Services will be uninterrupted or error-free, or that defects in the Application or Services will be corrected. No oral or written information or advice given by Amax Software or its authorized representative shall create a warranty. Should the Application or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
In the event of any failure of the Application to conform to any applicable warranty, if any, you may notify the App Store from which you downloaded the Application and such App Store shall, if such option exists, refund the purchase price for the Application to you, subject to the terms and conditions of each App Store. To the maximum extent permitted by applicable law, the App Stores will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Amax Software’ responsibility.
Limitation of Liability
To the extent permissible by law, you agree to release and hold harmless Amax Software and its subsidiaries, affiliates, divisions, partners, licensors, representatives, agents, successors, assigns, employees, officers and directors (the „Released Parties”), from any and all liability, loss, harm, damage, injury, cost or expense whatsoever, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur, in whole or in part, directly or indirectly, in connection with your use of the Application, and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery, as well as for any damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the Application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Amax Software has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. The Released Parties assume no responsibility for any injury or damage to your or to any other person’s device, regardless of how caused, relating to or resulting from downloading materials or software in connection with the Application. You acknowledge that Amax Software has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to the Application or any component thereof.
Injunctive Relief
You agree that a breach of this License will cause irreparable injury to Amax Software for which monetary damages would not be an adequate remedy. Amax Software shall be entitled to seek equitable relief in addition to the other remedies it may have by this License or under the applicable law.
Indemnity
You agree to indemnify, defend and hold Amax Software, its licensors, partners, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from you acts and omissions to act in using the Application pursuant to the terms and conditions of this License.
Third Party Websites
The Application may contain links to, or be accessed through links on, websites managed and operated by or on behalf of independent third-party entities, who are not a part of Amax Software nor agents of us. We do not have control over such third-party websites or the content of such websites. As a result, we do not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third-party websites.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by us. Any views expressed by third parties on the Application are solely the views of such third party and we assume no responsibility for the accuracy or veracity of any statement made by such third party.
It is up to you to take precautions to ensure that whatever you or your child or student selects for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you or your child or student decide to access any of the third-party websites linked to the Application, you or he/she does this entirely at your/their own risk. You agree, and agreed on behalf of or your child or student, that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your/their use of or your/their reliance on any of these third party’s presentations, content, goods or services made available through the third-party site or resource.
Third Party Applications/Devices
If you access the Application using an Apple iOS or Android-powered device, then Apple Inc., Google, Inc. or Amazon Inc., respectively, will be a third-party beneficiary to this agreement. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Application. You agree that your access to the Application using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
Term & Termination
This License shall commence on the date you download the Application and shall continue to be in force and effect for as long as you do not dispose of the Application and as you comply with this License. Your rights under this License will terminate automatically without any notice from Amax Software in the event that you fail to comply with any of the terms and conditions of this License. Upon termination of this License, you shall cease all use of the Application and destroy all copies (whether full or partial) of the Application. Additionally, Amax Software and/or its licensors, reserve the right to change, suspend, remove, or disable access to the Application or the subscription options at any time without notice. In no event will Amax Software be liable for the removal of or disabling of access to the Application. You agree that Amax Software shall not be liable for any loss or damage caused, directly or indirectly, by any such termination and/or suspension.
Fictitious Names
All names, characters and locations portrayed in these Applications are fictitious. No identification with actual persons (living or deceased), places, buildings, and products are intended or should be inferred.
Severability and Survival
If any provision of this License is declared or deemed illegal, unenforceable or invalid under applicable law, this provision shall be considered invalid, but all unaffected provisions will be applied within the limits of the law. Amax Software’ failure to enforce any provision of this License shall not constitute a waiver of such provision.
Assignment
Amax Software may assign this License, in whole or in part, at any time. You acknowledge that you may not assign, transfer or sublicense any or all of your rights or obligations under this License without the express prior written consent of Amax Software.
Governing Law
The Polish law will govern this License and your use of the Application. Your use of the Application may be also be subject to other local, state, national, or international laws.
Dispute Resolution
Amax Software is confident that most of your concerns can be resolved quickly and to your satisfaction by contacting our Customer Support. In the event that Amax Software cannot resolve a concern to your satisfaction, then you and Amax Software agree to be bound by the following procedure to resolve any and all disputes.
Except where prohibited by law, before initiating any formal dispute resolution proceedings, you agree to negotiate with Amax Software in good faith on an individual basis. If Amax Software and you do not reach an agreement, you agree to submit the dispute to binding arbitration, on an individual basis, and by a single arbitrator. The arbitration shall take place in Poland. All administrative costs of any arbitration shall be split equally between the parties, and each party shall be responsible for paying its own attorneys’ fees, expert fees and expenses. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential or punitive damages or injunctive relief but shall only award the aggrieved party the actual damages sustained.
Additional Terms For iOS Apps
By using the Application through Apple’s App Store (“iOS Product”), you agree that the following additional terms apply to your use of the iOS Product:
1. The end-user must represent and warrant that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
2. This EULA is not a legal agreement with Apple, Inc. (“Apple”). Amax Software (not Apple) is responsible for the iOS Product and the contents thereof.
3. The license granted to the end-user for the IOS Product is limited to a non-transferable license to use the IOS Product on any Apple-branded Products that the user owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such the IOS Product may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
4. You acknowledge that: (a) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Product; (b) Amax Software (not Apple) is responsible for addressing any claims of yours or any third party relating to the iOS Product or your possession and/or use of the iOS Product, including but not limited to (1) product liability claims, (2) any claim that the iOS Product fail to conform to any applicable legal or regulatory requirement, and (3) claims arising under consumer protection or similar legislation; (c) in the event of any failure of the iOS Product to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS Product to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS Product, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Amax Software’s sole responsibility; and (d) in the event of any third party claim that the iOS Product or your possession and use of the iOS Product infringes that third party’s intellectual property rights, Amax Software (not Apple) will be responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claim.
5. Apple and Apple’s subsidiaries, are third party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Contact Us
If you or your child or student have any questions about this EULA, you should please write to us by mail at: Poland, 00-511, Warsaw, Nowogrodzka 31 or call us via Phone at +48-781-568-917 or email: office@amaxsoftware.com
