1.2 The information on Users is divided into personally identifiable and non-personally identifiable information depending on whether information can identify the User as a specific person. Personally identifiable information shall be referred to as “personal data”.
1.3 The operator of the FactHero App is FactHero AS, [3rd floor, Lysaker torg 5, 1366 LYSAKER, 927 406 063] and we are responsible for compliance with the principles relating to processing of personal data. If you have any question or concern regarding your privacy, you can contact us at firstname.lastname@example.org.
1.4 In addition to the definitions provided for in the Terms, the following words and abbreviations shall have the meaning provided herein:
· “personal data” means any information relating to an identified or identifiable natural person (‘User’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
· “processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
· “processor” means a natural or legal person, public authority, agency, or other body which processes personal data on behalf of FactHero.
· “personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored, or otherwise processed.
2.1 During your interaction with the App or with us directly we may process the following personal data:
§ First and last name
§ E-mail address
§ Phone number
§ Other information you choose to provide
2.2 We may collect personal data when you interact with the App, when you register and customise an account, or when you contact us.
3.1 We process your personal data for the following purposes:
· to provide you with access to our Services and our App,
· to provide you with the Services you requested,
· to create and manage your account,
· to provide you with customer support,
· to send you information about the App,
· to comply with our legal obligations.
4.1 Depending on the type of personal data and the purpose for which it is processed, we process the personal data on the following legal basis:
· You have given us consent for data processing for a specific purpose,
· Processing is necessary for the performance of our obligations under the Agreement
· Processing is necessary for compliance with legal obligations,
· Processing is necessary for the purpose of our legitimate interest.
4.2 We may process your email address to send you information about changes to the App, introduce you to new Services or to provide general news about our App. We have a legitimate interest in keeping you informed about the Services and to promote our new Services which we believe you might be interested in. You can unsubscribe from these emails at any time by following the unsubscribe link in the email. We will not use legitimate interest to send you advertising emails for any Third-Party services.
5.1 Some Services will not be available to you if you do not provide requested personal data, for example, if you do not provide your name, phone number, and email you cannot register for an account. Different Services may require additional information which will be requested at the time of requesting the specific Service.
5.2 We may keep records of any questions, complaints or compliments made by you and the response if any. Whenever you contact us, we shall collect any information which you choose to provide. We shall store and use this information only for the purpose of responding to your inquiries. Information contained within the inquiry, free from any personally identifiable information, will be stored on our servers for the purpose of improving our Services and providing the best customer support possible.
5.4 We have implemented security procedures and measures to ensure appropriate protection of the personal data we process, against any misuse, unauthorised access, disclosure, or modification.
5.5 We acknowledge that the safety of your personal data is one of the highest priorities and therefore only authorised processors have access to your information. Although we take all appropriate measures in respect to keeping your personal data secure, you understand that no data security measures in the world can offer 100% protection. If we ever find or suspect a personal data breach we will without delay, within seventy-two (72) hours after becoming aware of it, notify the appropriate supervisory authority about the breach and Users where necessary.
5.6 The processing of personal data is being performed wholly or partly automatically, without human intervention. However, whenever you contact us, the personal data within such communication will be handled and processed by a real person to provide you with the answers and support required.
6.1 The services are intended for a general audience and are not targeted at children. We take children’s online safety very seriously, and if we ever learn that the personal data collected belongs to a child, we will immediately remove any such personal data. If you are younger than 16 you are not allowed to register or use the App.
7.1 Personal data will be stored on secure servers controlled and maintained in accordance with sufficient privacy safeguards. We may store or transfer information on Users to processors located outside of European Union, provided that such processors implement appropriate and suitable safeguards regarding the security of personal information.
7.2 If you register an account with us, we will store your personal data for as long as you have an active account. We may keep your personal data for up to a year after your deactivation of the account in our backup in order to maintain the integrity of our backup storage data as well as in order to address any appeals or requests pursuant to your purchases.
8.1 We will process all personal data in line with Users’ rights, in particular their right, in certain circumstances, to:
· Request access to any data held about them by FactHero in a commonly used and machine-readable format.
· Transmit their personal data to another data controller (free of charge), where such personal data is processed on the basis of consent or contractual performance, unless in doing so, it would adversely affect the rights or freedoms of other Users or others e.g. including trade secrets or intellectual property.
· Prevent the processing of their personal data or withdraw their consent at any time in certain circumstances.
· Ask to have inaccurate personal data amended.
· Erasure of their personal data where data is no longer required for the original purpose or where the User has withdrawn their consent and no other lawful processing grounds apply.
· Object to the processing of their personal data in certain circumstances.
· Be notified where their personal data is subject to automated decision making i.e. profiling, including the logic involved, as well as the significance and the envisaged consequence of such processing for the data subject and object to such profiling in certain circumstances.
8.2 You may exercise these rights by contacting us at email@example.com.
8.3 Where we are required to provide a copy of personal data this will be free of charge, however, any further copies requested may be subject to reasonable fee based on administration costs.
8.4 Where we stop processing personal data or delete User’s personal data, it will possibly mean that that particular User is unable to continue using some of our Services, and they shall be notified accordingly.
8.5 Where a User requests to rectify or erase (except data required by any legal obligations) their personal data or restrict any processing of such personal data, we may be required to notify certain Third-Parties to whom such personal data has been disclosed of such request.
8.6 If the User considers that the processing of personal data relating to them infringes the GDPR they may without prejudice to any other administrative or judicial remedy, lodge a complaint with the supervisory authority.
This Terms and Conditions document represents a legally binding agreement between you and FactHero AS. By downloading or registering for the use of our mobile application you agree to be bound by the terms of this agreement. Please read carefully this Terms and Conditions document and keep a copy of it for your reference.
If you do not agree with (or cannot comply with) the terms and conditions set forth below, do not use or access our services.
These Terms and Conditions do not interfere with any obligation or authorization provided in any other agreement concluded between you and FactHero. Provisions of any individual agreement between you and FactHero supersede provisions from these Terms and Conditions.
1.1 The following definitions explain some of the terminology and abbreviations used throughout our Terms and Conditions. Defined words can be recognized throughout this document by the capitalized first letter.
· ‘Terms/Agreement’ refers to the latest version of this Terms and Conditions document.
· ‘We/Us/FactHero’ refers to FactHero AS with its registered address at [3rd floor, Lysaker torg 5, 1366 LYSAKER].
· ‘App’ refers to the “FactHero” mobile application provided by FactHero and available for iOS and Android powered mobile devices.
· ‘Services’ refers to the App’s functionality, the availability of the Content provided through the App, subscription-based access, and other services offered by FactHero.
· ‘User/You’ refers to any person interacting with the App.
· ‘Party/Parties’ refers to either User or FactHero when used in singular form and to both User and FactHero when used in plural form.
· ‘Third-Party’ refers to any natural or legal entity other than Users and FactHero.
· ‘Content’ refers to all images, text, audio, and video data or any other information located on the App or obtained through the App.
· ‘Confidential Information’ refers to any and all information disclosed between the Parties in relation to the Services. Confidential Information does not cover information that was known by either Party prior to disclosure, or information that was made available to the public.
· ‘Intellectual Property’ refers to any inventions, technological innovations, discoveries, designs, formulas, know-how, processes, business methods, patents, trademarks, service marks, copyrights, computer software, ideas, creations, writings, lectures, illustrations, photographs, motion pictures, scientific and mathematical models, improvements to all such property, and all recorded material defining, describing, or illustrating all such property, whether in hard copy or electronic form.
1.2 Titles and headings provided in these Terms are for convenience and ease of access only, and they will not affect the interpretation of the Terms.
1.3 Terms and abbreviations not defined in this section shall have the usual meaning unless the context otherwise requires.
2.1 By using our Services, you confirm that you (i) are older than 16 years and have the adequate legal capacity to enter into a binding agreement of this type, (ii) that you will provide true, accurate, current, and complete information where requested, (iii) that you will not use the App contrary to these Terms or applicable laws.
2.2 The App or some of its parts may be accessed globally, and we may not control who uses the App, so it is upon you to assess whether using the App complies with your local laws and regulations. If any part of the App is not compatible with your local laws, you agree to stop using the App. Some Services may not be available in your region, and you agree to abide by such limitations.
2.3 FactHero is an interactive App that allows users to access different courses and answer various thematic questions. We are continually improving our App, and we may, from time to time, add, remove, amend or upgrade our Services. A complete list and description of Services are available in the App.
2.4 Some Services require an active account or are subject to payments. You may register an account with FactHero through the completion of the appropriate registration process.
2.5 FactHero cannot guarantee or warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. FactHero cannot and does not guarantee that its Services will be operational 100% of the time. Services may be down (i) for scheduled maintenance, (ii) force majeure events, (iii) for specific Users because of the account suspension or termination, (iv) internet problems outside of the FactHero area of influence, (v) bugs in code, hardware or Services without a commercially known fix.
2.6 When registering in our App or otherwise interacting with the App, Users are required to provide true, accurate, current, and complete information about themselves as prompted by the registration process. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current, and complete. If you provide information contrary to the aforementioned conditions, we may deny you or terminate your access to the App or parts of it. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current, and complete.
2.7 You understand that it is your responsibility to keep your log-in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you are advised to inform us immediately.
(i) send or otherwise post unauthorized commercial communications (such as spam) through the App;
(ii) collect App Users’ content or information, or otherwise access the App, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or is otherwise objectionable to third parties;
(v) take any action creating a disproportionately large usage load on our App unless expressly permitted by us;
(vi) create more than one account or share your account with anyone;
(vii) communicate any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
(viii) encourage participation in or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited e-mailing through the website
2.9 If you provide us with your e-mail address, we may contact you using such contact information for any matters relating to the Services (Service e-mails). These e-mails do not constitute “unsolicited commercial e-mail advertisements,” and you are not able to opt out of receiving them. You may opt-in to receive e-mails about news, promotions, special offers, and other topics of interest related to the FactHero and our affiliates (Promotional e-mails). You may choose to stop receiving these Promotional e-mails at any time by following the instructions contained in Promotional e-mails.
2.10 If you have any questions or suggestions, you can contact us at firstname.lastname@example.org.
3.1 All Intellectual Property rights connected to the App and Content are the sole property of FactHero or are used under appropriate licenses or permissions. Nothing in these Terms shall be understood or intended for the transfer of such intellectual property rights to you or any other Third-Party.
3.2 Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the App provided by FactHero. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the App; distribute, transfer, sublicense, lease, lend or rent the App to any Third-Party; reverse engineer, decompile or disassemble the App; or make the functionality of the App available to multiple users through any means. Nothing in these Terms shall give the User or any other person any right to access or use the source code or constitute any license of the source code. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the App or any Service to which it connects, with or without notice and without liability to you.
3.3 The App or parts of it may be made available or accessed in connection with Third-Party services and content (including advertising) that FactHero does not control. You acknowledge that different terms and policies may apply to your use of such Third-Party services and content. In no event shall FactHero be responsible or liable for any content or services of such Third-Party providers.
3.4 During the term of this Agreement, Users may be required to provide or volunteer to provide certain Confidential Information to FactHero, and FactHero may disclose certain Confidential Information to the users. Regarding such information, both Parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidentiality of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any Third-Party without obtaining prior written consent, (iv) to use Confidential Information only for the purposes intended, (v) to return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information upon written request or upon the termination of the Agreement, and to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.
3.5 The following terms apply when you use Apps obtained from either the Apple Store or Google Play (each an “App Distributor”):
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you represent and warrant that (i) you are not 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 and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.
3.6 If you provide us with any suggestions, comments, or other feedback relating to the FactHero Services (whether existing, suggested, or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by FactHero, even after this Agreement is terminated. By providing such Feedback to FactHero, you acknowledge and agree that it may be used by FactHero to (i) further develop, customize and improve the FactHero Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized FactHero-related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which FactHero may use to provide and improve its services, (vi) to enhance FactHero data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback does not infringe on any Third-Party rights; (2) irrevocably assign to FactHero any right, title, and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
4.1 Use of Services may be subject to applicable fees as displayed in the App. Unless otherwise specified in the App, all prices are shown exclusive of VAT and other applicable taxes. If the Service is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any order placed for Services listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancellation.
4.2 All payments are processed directly through the App. Depending on the device you are using, we may accept payments through Google Wallet and iTunes accounts. We offer no refund for the purchased Services.
4.3 We reserve the right to amend the prices or to institute new fees at any time without notice and notice period. New or changed fees will be applicable from the moment of publishing the changes in the App.
4.4 If the services are provided as a subscription, the subscription period you choose will automatically renew at the end of the current subscription period for the same duration recurring until the auto-renewal option is disabled or the payment does not go through. The subscription fee for the renewed subscription period will be calculated in accordance with the prices that were in effect fifteen (15) days prior to the expiry of the current subscription period. If you wish to stop using paid Services, you may discontinue the automatic renewal option in your User account before the expiry of the current subscription period. You may not cancel the subscription period you already paid for. We do not offer any refund in case you want to cancel your use of the Services. If you want to discontinue using our Services, you may do so only by turning off auto-renewal, in which case you will be able to use the Services until the end of the current subscription period.
4.5 When you register for the Services for the first time, we may, but are not obliged to, offer you a free trial period for using the Services without any charge. After the expiry of the trial period, we will automatically charge the payment method you provided for the continuation of the use of the Services as explained in the Terms. If you switch from a free trial to paid Services before the expiry of the free trial period, you forfeit the unused portion of the free trial.
5.1 FactHero complies with the European Union regulation for processing of personally identifiable information, and we aim to comply with the highest technical and organizational standards for data handling.
6.1 The effective date of these Terms is indicated in the heading of the document. The Terms become applicable from the moment of your first access to the App and remain applicable until you delete your account or stop using the App or any part thereof.
6.2 We may terminate your access to the App at any time with or without reason and notice. We may also suspend your account and prevent you from registering a new account if you breached these Terms.
6.3 You may terminate this Agreement at any time by deleting your account and ceasing your use and access to the App.
6.4 Upon termination, all provisions of this Agreement shall cease to have effect between FactHero and you, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect. Upon termination of this Agreement, the User will not be able to use the Services. If the Agreement has been terminated, the User shall be liable to pay to FactHero any outstanding fees due for payment immediately. FactHero shall not be responsible for any damage caused by the termination of this Agreement.
7.1 You will indemnify and hold harmless FactHero, and its employees and affiliates from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the App or your violation of these Terms.
8.1 YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE FACTHERO SERVICE IS TO STOP USING THE FACTHERO SERVICES.
8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FACTHERO, ITS EMPLOYEES, OFFICERS, SHAREHOLDERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, SUPPLIERS, ASSIGNS OR LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF YOUR ACCESS OR USE OR INABILITY TO ACCESS OR USE THE FACTHERO SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, EVEN IF FACTHERO HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL FACTHERO’S AGGREGATED LIABILITY EXCEED THE AMOUNT YOU PAID FACTHERO, IF ANY, THE PAST ONE MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
8.3 FactHero, its employees, agents, and its directors do not accept any liability, and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided through the App, or any errors, in or omissions from such information. FactHero is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the App, nor caused by the delay, malfunction of the operation, or the availability of the App. Although we strive for accuracy in the Content we provide through the App, we do not guarantee or represent the exactness and accuracy of such Content.
9.1 FactHero may make changes or replace our Terms at any time. We will post such changes, replacements, and updates in the App and inform you via email where possible prior to changes being effective. Such change, replacement, and update to our Terms will take effect immediately upon publishing in the App. You are consenting to keep yourself up to date with the latest posted Terms, and you accept and are bound by such change, replacement, and update if you access or use our App after we have published the new Terms. These Terms apply regardless of which device or operating system you access our App.
10.1 This Agreement shall be governed by and construed under the laws of Ireland, without regard to its conflict of law provisions, and excluding the UN Convention on Contracts for the International Sale of Goods. You agree that if you have any dispute with FactHero, you will contact us in order to settle through negotiations and mutual understanding. If the solution can not be reached in negotiations, you agree and hereby submit to the exclusive jurisdiction of the courts in Ireland.
11.1 If any part of these Terms is found to be invalid, illegal, or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms.
11.2 Any failure to exercise or enforce any right or the provision of this Agreement shall not constitute a waiver of such right or provision.
11.3 Neither Party may assign or transfer any right or obligation under this Agreement to a Third-Party without obtaining prior written consent, except to the successors in the event of merger, sale, or liquidation of the Party.
11.4 These Terms represent an entire agreement between you and FactHero regarding the use of FactHero App. Any subsequently executed agreement between the Parties shall take precedence over this Agreement.