Terms of Use

This document is a translation of the original version of the Terms of Use accessible here. It is provided for informative purposes only and have no contractual or legal value.

  1. Definitions

    Each of the terms below will have the following meaning in the Terms of Use (ToU):

    • ToU: abbreviation designating this document of Terms of Use.
    • Application: refers to the Unlimited Crossword application (com.gingkolab.crossword) as a whole: software, screens, pages, graphic elements, content, etc.
    • User: person using the Application, free of charge or for a fee. In the plural Users, when it designates all people using the Application.
    • Publisher: designates the publishing company Gingko Lab, SARL with share capital of 1000 euros, registered in the Bordeaux trade and companies register under number 947665519, whose head office is located at 7 AllĂ©e de Chartres, 33000 Bordeaux.
    • Party: designates the User or Publisher. In the plural Parties, when it designates both the Publisher and the user.
    • Store: designates the application download platform(s), used by the Publisher to publish the Application, and used by the User to download the Application.
    • AppStore: refers to the Store for Apple brand devices.
    • PlayStore: refers to the Store for devices running the Android operating system.
  2. Object

    These ToU establish the contractual conditions applicable to the use of the Application by the User.

  3. Acceptance

    Before being able to use the Application, the User must carefully read the ToU. If the User refuses them, he will not be able to access the Application. The User must not attempt to access the functionalities of the Application without having accepted the ToU. Use of the Application constitutes full acceptance of the ToU in force.

  4. How the Application works

    1. Business model

      The Publisher does not exploit or resell any User data. For more information regarding User data, see article 5 Processing of User data.

      The Publisher is not financed by any source of income.

    2. Crossword Solver

      The Application offers 4 formats of algorithmically generated crossword puzzles. The User chooses one of the formats and can then begin to solve a crossword puzzle.

    3. rankings

      The User has the option of connecting their Apple Game Center account to the Application. Each time the User solves a grid, their resolution time is recorded in the ranking. Leaderboards are separated by grid format and are managed by Apple.

  5. Processing of User data

    1. Data type and GDPR

      None of the data processed by the Publisher allows a User to be identified, neither in isolation, nor by aggregating all the data processed by the Publisher.

      As such, the data processed is not personal data and is anonymous or anonymized. The GDPR texts therefore do not apply to data processed by the Publisher within the framework of the Application.

    2. Use of data

      All data processed is used solely for the purpose of improving the Application and ensuring its proper functioning.

      The Publisher may use the processed data to fulfill several purposes:

      • fix crashes
      • fix bugs
      • detect anomalies
      • improve performance
      • monitor global traffic
    3. Data processing

      Data processing is carried out using Firebase Services (hereinafter referred to as "Firebase"), an analytics service by Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland.

      The processed data is not used by any third party.

      The processed data is not resold.

      The lifespan of the processed data is 90 days, and can go up to 14 months in the case of interaction data with the Application.

      To find out more about the types of data processed, see the Privacy Policy (link).

      To learn more about Firebase's privacy policy, see Firebase Terms and Firebase privacy page.

  6. Rights and obligations of the User

    1. Restrictions on use and publication of content

      the User undertakes to respect the laws and regulations in force, as well as the following restrictions:

      • Do not post illegal content, including:

        • defamatory, abusive, threatening, harassing, or inappropriate;
        • that promotes hatred, racism, discrimination, violence, pornography, or any attack on human dignity;
      • Do not undermine the proper functioning of the Application, in particular:

        • probe, scan, test vulnerabilities;
        • breach security measures;
        • install, integrate or download malware into or through the Application;
        • use the App in a misappropriated, abusive, excessive, or inappropriate manner, which includes SPAM, denial of service, bug exploitation, etc.
        • attempt to disrupt the technical infrastructure behind the Application;
        • use an automated technique to collect data and content from the Application;
      • Not infringe the rights of other Users, in particular:

        • collect data on Users;
        • impersonate the identity of another User;
        • hack another User's account;
      • Do not exploit application data. It is prohibited to exploit the data present in the application, whether for personal or commercial use.
  7. Liability and force majeure

    1. Usage

      The Publisher cannot be held responsible in the event of misunderstanding or misuse of the functionalities of the Application, or in the event of direct or indirect material damage, in particular loss of profits, loss of earnings, loss of customers.

      The Publisher cannot be held responsible for poor execution of functionalities, either due to a third party company or a case of force majeure.

    2. Access to the Application

      The Publisher cannot be held responsible in the event of unavailability of the App due to force majeure, maintenance, updating, obsolescence or incompatibility of the User's equipment, intervention of the host, or network outage.

      The User acknowledges the limitations of the Internet network and acknowledges the impossibility of guaranteeing data exchange. In this context, the Publisher cannot be held responsible in the event of loss of data, intrusion, viruses, disruption of services, and others, linked to vulnerabilities presented by the Internet network.

      The inability to use or update the Application, in particular due to hardware incompatibility, cannot give rise to any compensation, reimbursement or liability of the Publisher, except in the event of of proven hidden defect or non-compliance.

  8. Intellectual property

    The content, software, logos, algorithms, graphic elements and databases, as well as any element constituting the Application are the exclusive property of the Publisher. Any person carrying out their communication, representation, reproduction, nesting, dissemination and rebroadcasting incurs the sanctions provided for in particular under the Intellectual Property Code, the Civil Code and the Commercial Code.

    These ToU do not entitle you to any transfer of intellectual property rights for the benefit of the User.

    The Publisher grants the User a non-exclusive and revocable license to use the Application. This strictly personal license cannot be transferred to a third party.

    The User does not obtain the right to access, use or reveal the source code of the Application. The Publisher holds the exclusive rights to the methods, algorithms, and processes present in the software as well as the associated documentation.

  9. Complaints

    Any complaint by the User against the Publisher must be made in writing, either by post using registered mail with acknowledgment of receipt to the postal address communicated in the Legal Notices, or electronically with an e-mail addressed to the contact e-mail address provided in the Legal Notices.

  10. Dispute resolution

    In the event of disagreement or litigation relating to the formation, execution, and/or interpretation of the ToU, the User must first notify the Publisher by post using by registered mail with acknowledgment of receipt to the postal address provided in the Legal Notices.

    If the dispute cannot be resolved in this way, we recommend the use of a mediation service in order to find an amicable solution.

    Finally, in the event of failure of the previously mentioned procedures, the rules of the code of civil procedure will apply, according to the terms described in article 11.4 of these ToU.

  11. General provisions

    1. Modifications of the ToU

      These ToU are applicable from July 1, 2024. The Publisher reserves the right, at any time, to modify all or part of the ToU. The User is invited to regularly consult the ToU in order to be aware of the changes made. Use of the Application constitutes acceptance of the ToU by the User, if the User does not accept the modifications he must stop Using the Application.

    2. Divisibility and nullity

      If any part of the General Terms and Conditions proves to be illegal, invalid or inapplicable or declared as such in application of a law, a regulation, following a decision of a competent court or for any reason whatsoever whatever, the provisions in question would be deemed unwritten, without calling into question the validity of the other provisions which will continue to apply.

    3. Tolerance

      The Editor's tolerance of a situation does not confer any rights to the User. The absence of a claim by the Publisher of a right or provision does not mean that it waives it.

    4. Applicable law

      The ToU are governed by French law. If the law in force in the User's state of residence provides for consumer protection standards that are more advantageous for the latter, these standards will prevail over the contrary provisions of the ToU.

      In the event of a dispute relating to the formation, execution, and/or interpretation of the ToU, express jurisdiction is assigned to the competent courts of Bordeaux, in the absence of amicable resolution of the dispute.