Homework Helper - AI: Terms and Conditions

 

Homework Helper - AI: Terms and Conditions

These Terms govern the use of this Application and any other related agreement or legal relationship with the Owner in a legally binding manner. Capitalized terms are defined in the relevant dedicated sections of this document.

Users must read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Owner Information: This Application is provided by:

Kalyzée, 

17 La Canebière
13001 Marseille
France

Owner contact email: ludovic.bouguerra@kalyzee.com

Information about this Application Homework Helper - AI is designed to assist students in completing their homework by providing AI-driven solutions and learning support. The premium service allows users to access additional features, such as personalized tutoring sessions and advanced problem-solving tools.

Key Points for Users Please note that some provisions in these Terms may only apply to certain categories of Users, such as Consumers or those who do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of such a mention, clauses apply to all Users.

Terms of Use Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application. Additional conditions of use or access may apply in specific scenarios and are indicated within this document.

By using this Application, Users confirm they meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;
• Users aren’t 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;
• Users aren’t listed on any U.S. government list of prohibited or restricted parties;

Content on this Application Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to report related complaints using the contact details provided in this document.

Rights Regarding Content on this Application - All Rights Reserved The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Application, the User may download, copy, and/or share some content available through this Application for personal and non-commercial use, provided that the copyright attributions and all other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall remain unaffected.

Access to External Resources Through this Application, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.

Acceptable Use This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations, or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including by denying Users access to this Application or the Service, terminating contracts, or reporting any misconduct performed through this Application or the Service to the competent authorities — such as judicial or administrative authorities — whenever Users engage or are suspected of engaging in any of the following activities:

• Violate laws, regulations, and/or these Terms;
• Infringe any third-party rights;
• Considerably impair the Owner’s legitimate interests;
• Offend the Owner or any third party.

Contract Duration Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Subscriptions Handled via Apple ID
Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the relevant process on this Application. When doing so, Users acknowledge and accept that:

• Any payment due shall be charged to their Apple ID account;
• Subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;
• Any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
• Subscriptions can be managed or cancelled in the Users’ Apple App Store account settings.

The above shall prevail upon any conflicting or diverging provision of these Terms.

Termination
Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.

Liability and Indemnification Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited, and/or reduced to the maximum extent permitted by applicable law.

Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation to any culpable violation of these Terms, third-party rights, or statutory provisions connected to the use of the Service by the User or its affiliates, officers, directors, agents, co-branders, partners, and employees to the extent allowed by applicable law.

The above also applies to any claims exercised by third parties (including but not limited to the Owner’s clients or customers) against the Owner related to Digital Products provided by the User, such as, for instance, conformity claims.

Limitation of Liability
Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health, or physical integrity; damages resulting from the breach of material contractual obligations such as any obligation strictly necessary to achieve the purpose of the contract; and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health, or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Common Provisions

No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of the law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts, etc.).

Service Reselling
Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Application and its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy Policy
To learn more about the use of their personal data, Users may refer to the privacy policy of this Application.

Intellectual Property Rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Application, are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of Contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contacts
All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Governing Law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of National Law
However, regardless of the above, if the law of the country where the User is located provides for higher applicable consumer protection standards, such higher standards shall prevail.

Venue of Jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe and Brazil
The above provisions do not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway, Iceland, or Brazil.