Terms of Use

Wordhunt 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/wordhunt/en/terms.html. The Publisher may modify these conditions at any time, in accordance with paragraph 10 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. Description of Paid Offers

5.1. One-time Purchases

Additional content is offered for purchase in the form of packs, each containing a defined number of cards. Users can see the number of cards included in each pack before making a purchase. By owning these packs, you have the opportunity to increase the pool of words from which a certain number will be randomly selected when creating each game. This offer has no time limit.

5.2. Subscriptions

Subscriptions of varying duration, ranging from one week to one year, are also offered. They offer complete access to all additional content during the activation period. This subscription unlocks all card packs.

Subscriptions automatically renew unless automatic renewal is disabled at least 24 hours before the end of the current period. They can be canceled without charge, either directly within the Wordhunt application or from the Apple or Google settings. No cancellation of the current subscription is allowed during the active subscription period.

5.3. Prices

The price charged for an item sold via the Application corresponds to the price displayed at the time of purchase by the User. The price is inclusive of all taxes. Depending on banks, additional taxes and charges may apply; the Publisher has no control over these fluctuations and therefore disclaims any responsibility. In case of doubt regarding these charges or additional taxes, the User is advised to inquire with their bank before any purchase on the Application.

The Publisher accepts payments via its partners Apple and Google who manage the entire transaction and only provide the Application with its current status. These partners may have their own terms of use, so it is advisable to consult them to accept or reject the terms before any payment. If the transaction is not validated by its partners, the User's purchase will not be counted.

Gingko Lab cannot be held responsible for improper execution of the order due either to third-party partners Apple and Google managing payments or to a force majeure event. Prices may be subject to change at any time, either by Gingko Lab or its partners.

In the case of one-time purchases, these modifications do not impact purchases already made, and Gingko Lab is not obligated to notify users

Regarding subscriptions, Apple and Google partners are responsible for notifying users of price changes via email and/or notification and reserve the right to request their agreement or not depending on the change.

The Publisher may occasionally offer promotional prices as incentives or limited-time opportunities for eligible purchases made during the promotional period. Due to the urgent and promotional nature of these events, we are unable to offer price protection or retroactive discounts or refunds for previous purchases in case of price reduction or promotional offer.

5.4. Refund

The User can request a refund of the transaction in certain cases, a non-exhaustive list of which is presented here:

If a problem occurs and the user cannot enjoy the subscribed offer, we also advise them to inform Gingko Lab via the contact feature present in the application.

Refund requests are made via the Apple form with the Apple ID used to download the application or via Google support. Refund requests are processed on a case-by-case basis by Apple and Google without influence from Gingko Lab.

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. 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.

7.1. Restrictions on Use and Content Publication

The User agrees to adhere to the following restrictions:

8. 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.

9. Entire Agreement

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

10. Modification of Terms

Users can consult these terms at any time at https://gingko-lab.com/wordhunt/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.

11. 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 May 2, 2024.