General Terms and Conditions of Using the Visual Reading App (hereinafter referred to as the “Terms”)
1. Introductory Provisions
1.1. Thank you for using our product of Visual Reading – a specialized app for children and adults with special educational and learning needs, especially problems at learning to read (hereinafter referred to as the “App”). The app serves as educational aid at learning to read. For the purposes of defining the App, we state the following:
(i) The App is based on ABA-based learning methods;
(ii) the App can be used at learning how to read sounds, syllables, and words using the visual approach;
(iii) the basic version of the App contains the visual dictionary (proper nouns of objects and animals, numerals and verbs), the ABC part, starting lessons, teachers aids, learning statistics, learning settings, pupil profiles and teacher profiles, autism spectrum disorder map in various languages (Slovak, Hungarian, Czech, US English, UK English, SC English, Polish, Portuguese, Spanish and German), and video instructions to use the program;
(iv) the App contains voice recordings as used in real words; and
(v) the App helps at learning global reading and linking of sounds. You can find more information about the App on the webpage of www.visualreading.org (hereinafter referred to as the “Webpage”).
1.2. The company of Visual Reading, j.s.a., with its registered seat at Šípová St. 3, 949 01 Nitra, Company ID-No.: 51473178, registered with the Business Register of the District Court in Nitra, Insert No.: 3/N, Section: Sro (hereinafter referred to as “we”, “us”, “our” etc. in the respective grammatical form) executes proprietary rights to the App in its name and to its account.
1.3. Read the Terms carefully before using the App. By accepting the Terms, you, as our contractual partner (hereinafter referred to as “you”, “your” etc. in the respective grammatical form), agree with no objections to the relationship definition included in the Terms. By accepting the Terms, you confirm and guarantee that you are entitled to conclude a valid agreement under these Terms with us, pursuant to the valid legal regulations of the Slovak Republic and the country of your nationality or residence. If you accept the Terms in the name of a business company or a legal entity, you confirm and guarantee that you are entitled to conclude a valid agreement under these Terms with us in the name of the entity.
1.4. We are entitled to amend the Terms at any time. The amended Terms shall become valid and effective in the moment of their release on the Webpage or in the App, if not stated otherwise. By using the App, you accept the new Terms.
1.5. If you do not accept any provisions in the Terms, you are not entitled to use the App and have to uninstall the App.
1.6. The subject of the contract concluded by accepting the Terms is our commitment to grant you, as a person who accepted the Terms, non-exclusive, non-transferable, and territorially unlimited license to use the App under the conditions and terms defined in the Terms. We agree with you granting a free sub-license to use the App to others with whom you intend to use the App and for whom the App was designed, i.e. for people with special learning needs (hereinafter referred to as the “Users”); no written contract is required for granting the sub-license. Only you and the User with granted license by you can use the App in the device with the App installed.
2. Using the App
2.1. After downloading the App via Google Play (or a similar platform) and installing the App at the device, you will be asked to accept these Terms. After accepting the Terms, you can use the App. No other registration is necessary for using the App.
2.2. In case you save personal data of the Users (e.g. their pictures, names, surnames) in the App, you hereby acknowledge that you need to have their proper permission to process their personal data, pursuant to the generally binding legal regulations.
2.3. By accepting these Terms and use of the App you do not acquire any proprietary rights or other intellectual proprietary rights to the App (especially not the right to amend, alter or interfere with the App, process, adapt and create derived works, make copies of the App, or distribute the App or its copies). The App and all its parts, including graphical elements, their arrangement, texts, interfaces and other parts of the App are protected by the laws of the Slovak Republic and international agreements on intellectual property. Any use of the App in deviation from these Terms requires our prior written consent. You are not entitled to use the brand and logo of the App or use the graphical elements from the App without our consent.
2.4. The App is not being provided within any of the free software licenses, like GNU GPL.
2.5. As the license acquirer for the App, you agree not to:
2.5.1. perform reverse engineering of the App, i.e. you shall not utilize the knowledge of ideas, procedures, structure, algorithms and used methods constituting the App or included in the App;
2.5.2. alter the App or intervene with its source code;
2.5.3. bypass the security protocols or systems of the App;
2.5.4. gain illegal access to the App or gain access to it in a way which is in violation of the generally binding legal regulations;
2.5.5. gain access to accounts of other App users;
2.5.6. copy, sell, present, transfer, distribute or provide the App for payment to third parties, unless stated otherwise in these Terms or unless granted an exception by us in advance; and
2.5.7. use the App exclusively in the approved way, in compliance with these Terms and the valid legal regulations of the Slovak Republic.
2.6. We are entitled (upon our own consideration) to stop or block the use of the App which is in violation with these Terms or intervenes with the copyrights.
2.7. The restrictions defined in this section of the Terms shall be effective, unless the use of the App is specifically allowed by the generally binding legal regulations and unless it is contractually possible to deviate from the text of the generally binding legal regulations. In such case, you shall be able to use the App to the exclusive scope of the legal permission.
2.8. You hereby agree that in case of the availability of a new version or feature of the App, the App at your device can upgrade automatically.
2.9. You hereby acknowledge that only we are entitled to decide on the treatment of the App, its use, and its changes and amendments.
2.10. Furthermore, you hereby acknowledge that the copyrights related to the App, including (but not exclusively) compilation of contents, graphical depictions, or user interfaces, are our sole property or the property of the subject granting us the (sub)license.
2.11. To avoid any doubts, we declare that we hold or are able to hold the rights to trademarks, brands, graphical depictions, logos, or titles in the App or using in connection with the App. These rights can be held also by another person for us. In this respect, you hereby acknowledge that you are not granted any right or license in relation to the above-listed rights.
3.1. You have free access to several lessons within the App. We will define the free lessons in the App and on the Webpage.
3.2. You can access all the other lessons for 365 days after paying the annual subscription fee. You can pay the subscription using the App (in-app purchase) under the Terms of Service of Google Payment Corp.
3.3. In connection with the sub-section above, you hereby declare and agree with your selected and paid subscription to be renewed every following year and be payable from your bank account, unless you cancel the subscription under the Terms of Service of Google Payment Corp prior to its automatic renewal for the next year.
3.4. At the same time, you acknowledge that you are not entitled to demand the return of the (partial) payments of your subscription fee or any compensation for the subscription fee payments. The subscription fee you selected can be paid only under the Terms of Service of Google Payment Corp.
3.5. Our commitment to providing you with annual unlimited access to the App is established in the moment of payment of the annual subscription fee. The subscription is non-transferable and can be used only at the device for which the subscription fee was paid.
3.6. In case you do not pay the selected subscription fee, we are entitled to block your access to the App or its part up to the moment of its payment.
3.7. You hereby acknowledge that we are entitled to change the amount of the annual subscription fee according to your own consideration, or charge other related fees; however, only after releasing this information in the App or on the Webpage.
3.8. The subscription fee represents remuneration for the license to use the part of the App you have access to after paying the fee. The license to use the part of the App which is free is provided free of charge for an unlimited period of time.
3.9. Any discount codes or special offers cannot be combined with other discount codes or offers provided by us. Any opening discounts or offers are designed solely for new App users unless explicitly stated otherwise.
3.10. All fees include the VAT (if applicable), unless the App states otherwise.
4. Provided Information
4.1. The information contained on the Webpage or in the App are of a general and informative nature.
4.2. We make all efforts to make sure all the information on the Webpage or the App are current, accurate, reliable, appropriate, and true. However, we do not hereby provide any declarations on the currency, accuracy, reliability, appropriateness, or truthfulness of any information we provide or release.
4.3. In case you rely on the information provided by us, you do so on your own will and on your own responsibility.
5. Non-Provision of Medical Care
5.1. The App represents and educational tool for learning to read. Under no circumstances does it provide any medical care or service or goods which are subject to legal regulations on health care or provision of any expert counseling. Users who suffer from medical conditions or need medical care should go see their physicians. Using the App does not serve the purpose of a medical examination of the User (or the related treatment) and the App is not allowed to be used for this purpose. You need to see a specialist to get diagnosed or proper treatment for your medical condition.
5.2. We are not responsible for any health issues of the Users and are not liable for any damage or negative consequences of Users using the App.
5.3. In case the Webpage or the App contains any health information or hyperlinks, such information and hyperlinks are being provided for the sole purpose of the facilitation of access to some information or information sources.
5.4. We do not provide any guarantees or declarations regarding using the app and are not liable for any damage, including (but not exclusively) physical, psychical, emotional, financial, business, or other damages caused to you or the Users directly or indirectly in connection with using the App.
5.5. You hereby declare that you and the Users use the App on your own will and on your own risk.
5.6. Any guidance or materials we provide are intended to provide general information and shall not be considered complex. This guidance or these materials cannot substitute specialized medical care the individual might need. This guidance or these materials may serve as supplementary materials for medical care providers and cannot substitute medical care provided by the medical care providers. We are not liable for any actions performed based on the guidance or the materials. We do not provide any declaration on the correctness, completeness, or appropriateness of any guidance, material, or information we provide or release.
6. Consent with Using Your E-Mail Address
6.1. You hereby agree that the App will learn your e-mail address from your device and the e-mail address to be used as follows:
a) after downloading the Demo Version, you will be sent a welcoming e-mail with basic information on the App;
b) after purchase, you will receive a thank-you e-mail for purchasing the App;
c) from time to time, you will receive an e-mail on adding a new feature to the App;
d) each of the e-mails above will include the “Unsubscribe” button;
e) in additions to the cases above, we reserve the right to send you any other form of e-mail in case there is a situation compromising the use of the App; and
f) we will not provide your e-mail address to a third party.
7. Personal Data Protection
7.1. This section explains how we collect, use, protect, and provide information and data of users of the Visual Reading program or the www.visualreading.org web page.
7.2. The information and data we collect do not enable us or anyone else to identify you exactly.
7.3. Within the Visual Reading program, we collect data, like e-mail addresses, tablet ID numbers (e.g.: 5f576e7548291056), and the anonymous learning statistics of the pupils.
7.4. We do not ask third parties to gather more information about you and do not provide our collected information and data to third parties.
7.5. We obtain anonymous statistical data on user behavior, home countries, and operating systems of the users, etc. from the www.visualreading.org web page, as offered by Google Analytics or similar services.
7.7. Links to web pages of third parties. Please, consider that the www.visualreading.org web page may contain links to other web pages which we do not operate. We cannot guarantee personal data protection by the operators of these web pages.
7.8. Personal data protection changes. We will inform you on any change in the terms of personal data protection.
8. Final Provisions
8.1. You hereby declare that all notifications, legal actions, complaints or other information under these Terms shall be mailed to your registered seat.
8.2. We shall deal with any complaints within 60 days from complaint delivery to our registered seat.
8.3. We shall operate the App and the Webpage with adequate care and expertise. We hereby do not provide any other guarantees or declarations on operating the Webpage and the App, especially the guarantee that using the Webpage and the App will be continuous or without any problems. You hereby agree that from time to time, we may shut the Webpage or the App down for an indefinite period of time or terminate it due to technical or operational reasons. In such case, we will inform you if virtually possible.
8.4. We shall be liable for the damage only up to the financial amount received from you as the fee for using the App under Section 3 herein.
8.5. The Contractual Parties agreed that the legal relationships constituted by these Terms shall be governed by the laws of the Slovak Republic and any disputes or claims arising under these Terms or in relation with them shall be resolved at the respective court of the Slovak Republic.
8.6. These Terms represent a full agreement between you and us and define the use of the Webpage and the App. In case any part of the Terms is considered invalid or not enforceable, this part shall be interpreted pursuant to the respective laws in a way it reflects the original intention of the contractual parties as much as possible, with the other parts of the Terms remaining fully valid and effective.
8.7. In case any provision of the Terms becomes invalid or ineffective, the other provisions of the Terms remain intact. We shall replace the invalid or ineffective provision by a valid or effective one while maintaining the same economic and legal purpose and intention of the dropped provision.