Terms of Use

Sequence mobile application

This present document is a translation of the original version of the Terms of Use accessible here. It is provided for informational purposes only and does not have any contractual or legal value.

1. Definitions

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

2. Purpose

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

3. Acceptance

Before being able to use the Application, the User must carefully read the ToU. If the User refuses them, they 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. The use of the Application constitutes full and unconditional acceptance of the current ToU.

The User can access these conditions at the address https://gingko-lab.com/sequence/en/terms.html. The Publisher may modify these conditions at any time, in accordance with paragraph 11 below, and the continued use of the Application by the User after an update of the conditions constitutes acceptance of the new version.

4. Responsibility and Force Majeure

4.1. Use

The Publisher cannot be held responsible in case of misunderstanding, misuse of the Application's features, or direct or indirect material damage, including loss of profits, loss of revenue, loss of clientele.

The Publisher cannot be held responsible for the improper functioning of the features, either due to a third-party company or a force majeure event.

4.2. Access to the Application

The User is responsible for the internet connection and/or mobile fees that may be charged when accessing and/or using the Application. In case of doubt regarding these fees, the User is advised to consult their mobile operator or internet service provider before accessing and/or using the Application.

The User acknowledges the limitations of the internet network and recognizes the impossibility of guaranteeing data exchanges. In this context, the Publisher cannot be held responsible for data loss, intrusion, viruses, service interruptions, and others, related to the vulnerabilities of the internet network.

The Publisher cannot be held responsible for the unavailability of the App due to force majeure, maintenance, updates, obsolescence or incompatibility of the User's hardware, intervention of the host, or network failure.

The Publisher reserves the right to delete or modify the Application (in whole or in part) at any time, without any liability to the User, for any reason, including but not limited to the following reasons:

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

5. Virtual Goods

This app may include Virtual Goods such as bonuses and themes that the User may acquire or otherwise access within the in-app environment.

Virtual Goods have no monetary or currency value outside the specific in-app environment. The User cannot sell, transfer, give, send, assign, or sublicense such Virtual Goods to any third party.

If the User gains access to Virtual Goods and data synchronization is not available, thus preventing the synchronization of progress across devices, the Virtual Goods will only be available and usable on the particular device from which the User completed the purchase or access. In such cases, the User cannot send, transfer, assign, or move any Virtual Goods purchased or accessed between their own or other devices.

The User is solely responsible for any loss, deduction, or other expense related to Virtual Goods due to misclicks, unintended use, or unauthorized access, whether by the User or any other person.

Deleting the application will result in the total loss of these virtual goods.

6. User Data Processing

The Application may collect, process, use, and share User information only in accordance with the Application's Privacy Policy and as defined in these conditions. By using the Application, the User agrees that Gingko Lab collects, processes, uses, and shares their data in this way. If the User does not accept the Privacy Policy, they cannot access or use the Application.

6.1. Types of Data and GDPR

None of the data processed by the Publisher allows the identification of a User, either individually or by aggregating all the data processed by the Publisher.

As such, the processed data are not personal data and are anonymous or anonymized. Therefore, GDPR texts do not apply to the data processed by the Publisher within the scope of the Application.

6.2. Data Usage

All processed data is solely used to improve the Application and ensure its proper functioning. The Publisher may use the processed data to fulfill several objectives:

6.3. 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 parties. The processed data is not resold. The lifespan of processed data is 90 days, and may extend up to 14 months in the case of data interactions with the Application.

To learn more about the types of data processed, see the Privacy Policy. To learn more about Firebase's privacy policy, see Firebase's terms and Firebase's privacy page.

7. Third Party Suppliers, Content, and Services

The Publisher may link to or provide access to services from Third Party Suppliers within the App, or it may be associated with the advertising, services, and content of Third Party Suppliers. The Publisher is not responsible for the availability of such websites or resources from Third Party Suppliers, nor is the Publisher responsible or liable for any content, advertising, or services they provide.

Any content, advertising, or services provided by Third Party Suppliers are governed by the terms of services and privacy policies found on the respective Third Party Supplier's website. The User must familiarize themselves with and accept these terms and policies before using their services. The Publisher is not responsible or liable, directly or indirectly, to the User for any losses, damages, or harm caused by or related to the use of any content or services from Third Party Suppliers. Any additional charges incurred by the User in relation to the use of Third Party Supplier services are the User's responsibility.

8. User Rights and Obligations

The User must comply with the laws in force in the territory from which they access the Application. If applicable laws limit or prohibit its use, the User must comply with such restrictions or, if necessary, cease accessing the Application.

8.1. Restrictions on Use and Content Publication

The User agrees to adhere to the following restrictions:

9. Intellectual Property

The content, software, logos, algorithms, graphics, databases, and any elements constituting the App are the exclusive property of Gingko Lab.

Anyone who discloses, represents, reproduces, embeds, disseminates, or redistributes them may be subject to sanctions provided for in particular under the terms of the Intellectual Property Code, the Civil Code, and the Commercial Code.

These ToU do not grant any transfer of intellectual property rights to the User.

Gingko Lab grants the User a non-exclusive and revocable license to use the Application, subject to compliance with these conditions. This strictly personal license cannot be transferred to a third party.

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

10. Entire Agreement

These conditions constitute the entire agreement between the User and Gingko Lab regarding the Sequence Application (as defined in paragraph 1). They cancel and replace any prior agreements and understandings between the parties on this subject.

11. Modification of Terms

Users can consult these terms at any time at https://gingko-lab.com/sequence/terms.html. Gingko Lab reserves the right to modify all or part of the ToU. Users are encouraged to regularly review the ToU to be aware of any changes. Users who do not accept certain modifications must immediately cease accessing the Application.

12. Miscellaneous Provisions

If any part of the ToU is found to be illegal, invalid, or unenforceable, for any reason whatsoever, such provisions shall be deemed unwritten, without prejudice to the validity of the other provisions which shall continue to apply.

Any claim must be addressed via the contact feature present in the application.

These ToU are subject to French law. In the event of a dispute concerning the formation, execution, and/or interpretation of the Terms and/or a Subscription, exclusive jurisdiction is granted to the competent courts of Bordeaux, failing an amicable resolution of the dispute.

These terms were last updated on July 18, 2024.