Terms of Use PlusHero

Welcome to PlusHero, a math learning app created by education experts! The Aetsoft team introduces a math learning mobile app that allows children ages 6 to 11 to playfully solve different challenges and puzzles while their parents can rejoice in their children’s progress and success.

Our Services (defined below) include mobile apps, websites and other resources we offer from time to time in connection with our Services.

IMPORTANT! IF YOU ARE A JUVENILE IN YOUR JURISDICTION, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THE AGREEMENT BELOW FOR YOU. IF YOU DO NOT HAVE YOUR PARENT OR GUARDIAN READ THIS AND AGREE TO IT, YOU DO NOT HAVE PERMISSION TO USE THE WEBSITE AND APP AND RELATED SERVICES.
BY ACCESSING OR USING THE SERVICES, YOU ACCEPT THIS AGREEMENT (FOR YOURSELF OR THE PERSON YOU REPRESENT) AND REPRESENT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT (FOR YOURSELF OR THE PERSON YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT USE OUR SERVICES.

International Users

The Services may be accessed from countries around the world and may contain links to Services not available in your country. These links do not imply that we intend to announce such Services in your country. We make no representation that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so of their own free will and are responsible for compliance with local laws.

Acknowledgement / Apple App Store

In the event that you use the Services in connection with a device provided by Apple, Inc. (“Apple”), or the App obtained through the Apple App Store, you acknowledge that this Agreement is between you and us, and not Apple, and we, not Apple, are solely responsible for the Services and its contents, maintenance, support services and warranties, and the handling of any claims.

You and we acknowledge that Aetsoft, and not Apple, are solely responsible for providing any maintenance and support services with respect to the Application as specified in this agreement or as may be required under applicable law.

You and we acknowledge that Apple has no obligation to provide any maintenance and support services with respect to the Application.

You acknowledge that we are solely responsible for any product warranties, express or implied by law, to the extent not actually disclaimed.

If the App does not conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple makes no other warranty with respect to the Application, and we are solely responsible for any other claims, losses, liabilities, damages, costs or expenses arising from non-compliance with any warranty.

You and we acknowledge that Aetsoft, and not Apple, is responsible for addressing any claims by you or any third parties relating to the Application or your possession and/or use of the Application, including but not limited to (i) product liability. claims; (ii) any claim that the Application does not comply with applicable legal or regulatory requirements; and (iii) claims arising out of consumer protection, privacy or similar laws.

You and we acknowledge that in the event of a third party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, Aetsoft, and not Apple, will be solely responsible for investigating, defending, settling and releasing any such intellectual property infringement claim.

You hereby represent and warrant that (i) you are not located in a country that is subject to a US government embargo or has been designated by the US government as a “terrorist supporting” country; and you are not listed on any US government banned or restricted person list, including the list of Specially Designated Nationals published by the US Department of Treasury, Office of Foreign Assets Control, or the US Department of Commerce banned person list.

You agree to be bound by the applicable terms and conditions of third party agreements when using the Application.

You and we acknowledge and agree that Apple and Apple Affiliates are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary.

Agreement

The terms of service of this agreement govern the relationship between you and Aetsoft, Inc. and our affiliated companies (“Aetsoft”) with respect to your use of the PlusHero mobile application and other related services and websites (collectively “Services”). “You” may simply be a “Visitor” (meaning that you are merely browsing the Website) or a “Subscriber,” meaning that you have downloaded the app (whether or not you have subscribed). Visitors and Subscribers are collectively referred to as “Users” and individually as “User” or “You.

IF YOU ARE A PARENT OR LEGAL GUARDIAN AND ALLOW YOUR CHILD TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Terms of Service and Privacy Policy

By using our Services, you: (1) agree to be bound by these Terms of Service; (2) agree to our Privacy Policy, which is incorporated herein by reference; and (3) agree to comply with other rules and legal notices that may be posted on our website or app from time to time. These Terms of Service outline your rights, obligations and restrictions regarding your use of our Services.

If you do not agree to these Terms of Service, please do not use our Services. You may use the Services only if you agree to comply and do comply with all applicable laws and the Agreement. We require that you read our Privacy Policy and encourage you to ask us any relevant questions.

The Ability to Accept the Terms of Use

If you are not an adult in your jurisdiction, you must have a parent or legal guardian (“Parent”) to agree to these Terms of Service. Parents confirm that they have the legal parental or guardian authority to consent to the use of the Services by any child, if such consent is required. Parents acknowledge that they have read and accepted these Terms of Service and the Privacy Policy and have full legal capacity and authority to accept the Terms of Service, the terms, conditions, obligations, warranties and representations set forth in this Agreement. Parents agree to be bound by this Agreement.

Consent to emails

Your registration and use of the Services constitute consent to receive electronic communications from Aetsoft concerning your account. You agree that any such communications from Aetsoft will comply with any legal requirements, such as notice in writing.

Account Creation

Registration:
1. To access the PlusHero app, Subscriber must register for the mobile app.
2. To register for the App, the Subscriber:
2.1. answers the question, “Do you like math?”
2.2. enters a nickname;
2.3. chooses a difficulty level;
2.4. chooses an avatar from those offered.

After registering, the subscriber is offered to solve challenges. After solving the challenges Subscriber goes to the subscription page.

Subscriptions

Our Services may be offered to you on a one-time subscription basis or on a recurring monthly subscription basis.

By using our Services on a paid subscription basis, you agree to the pricing, fees and billing procedures, and to such applicable fees and fees applicable at the time such fees are due. You agree to pay all fees or charges incurred by you or any person authorized by you, including applicable taxes, in accordance with these Terms of Use and the billing terms in effect at the time the fee or charge is due.

By subscribing to our services, you agree that we may automatically renew your subscription at the end of the subscription period for the same subscription term unless you cancel before the renewal date. For existing subscribers, we may change your fee at any time in our sole discretion at the end of your subscription period.

The purchase of any paid license is final and is not refundable, transferable or exchangeable without limitation upon your termination of your use of the Services for any reason, termination of this Agreement or discontinuance of the Services.

Please note that you are responsible for all data charges and other expenses you may incur in connection with your use of the Services.

Property rights and intellectual property rights. Granting of License.

a) The PlusHero Application, including any enhancements, derivative works and improvements thereto, is the exclusive property of Aetsoft. All text, images, pictures, sounds, music, signs, logos, compilations (i.e., collection, arrangement and gathering of information) and other content forming part of the Application (collectively, the “Content”) are the exclusive property of Aetsoft and its subsidiaries.

b) Nothing in these Terms grants or constitutes a transfer of any such proprietary and/or ownership rights. Except for access to services under the Terms, we do not in any way grant our users any exclusive licenses or other intellectual property rights. User shall not (and shall not attempt to) copy, decompile, reverse engineer, disassemble, extract source code, modify, or create derivative works of the underlying platforms of the Application or any other part of the Content or otherwise manipulate the Application.

c) This Agreement grants a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the PlusHero application-related services and websites, related content, materials and information (collectively, the “Content”) solely for the purposes we approve from time to time. Any other use of the Application or the Content is expressly prohibited, and all other right, title and interest in the PlusHero Application, websites or Content is the exclusive property of Aetsoft, its affiliates and licensors. You agree that you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish or participate in the transmission or sale, create derivative works, or otherwise use any Content in whole or in part without the prior written consent of Aetsoft, and all logos associated with the Aetsoft mobile application, website services or displayed on such websites are trademarks or registered trademarks of Aetsoft or its licensors. You may not copy, imitate or use them without the prior written consent of Aetsoft.

Applicable Law and Dispute Resolution

a) In all matters not governed by this Agreement, Aetsoft and the User shall be governed by the laws of the State of Wyoming, USA.

b) All disputes, controversies and claims that may arise in connection with the performance, termination or invalidation of the Terms of Use, its parties will seek to resolve by negotiation. You may send us your claims and suggestions to support@plushero.app.

c) In the event of a dispute, controversy or claim that cannot be resolved through negotiation, such dispute shall be resolved in a Wyoming state court in Aetsoft’s location.

User Obligations

The User shall not violate (i) any laws, regulations, contracts, intellectual property rights or other rights of third parties, or commit an offense while using the Application, (ii) use the Application to engage in any illegal gambling, fraud, money laundering, terrorist activities or other activities that are illegal under applicable laws or regulations, (iii) introduce any malicious software, viruses, Trojan worms, logic bombs and or other harmful material, (iv) develop any third-party software that interacts with the App without our prior written consent or unless otherwise agreed, (v) use the App in any manner that could interfere with, disrupt, adversely affect or prevent other users from fully using the App, or that could damage, disable, overburden or impair the operation of the App in any way, (vi) Encourage or induce any third party to engage in any activity prohibited by this Agreement or the law.

DISCLAIMER OF LIABILITY

a) Disclaimer of Warranties

THE SERVICES, ALL CONTENT AND GAMES CONTAINED THEREIN ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Aetsoft shall not be liable for any contamination of your system, or any delays, inaccuracies, errors or omissions arising out of your use of the Services or with respect to the information and materials contained in the Services. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and reliability of any material is with you.

b) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AETSOFT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THE MATERIALS CONTAINED IN THE SERVICES, WHETHER OR NOT AETSOFT OR ANY THIRD PARTY PROVIDED THE MATERIALS OR OTHERWISE. Notwithstanding the foregoing, in no event will Aetsoft’s liability to you for any and all claims, damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Services.

(c) User agrees to defend, indemnify and hold us harmless from all liabilities and expenses (including reasonable attorneys’ fees) incurred by us as a result of or in connection with

• Violation of any terms of this Agreement;
• Improper use of the Application.

d) Aetsoft shall not be liable for any damage or interruption caused by any computer viruses, spyware, software, Trojan horses, worms or other malicious programs that may affect your computer or other equipment, or any phishing, spoofing or other attacks. We recommend that you regularly use reliable and easily accessible virus checking and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks, and you should exercise caution when checking messages that purport to be from us.

General Provisions

a) These Terms of Use, the Privacy Policy and all other documents incorporated herein by reference constitute the entire agreement between the User and Aetsoft.

b) Aetsoft may change these Terms at any time without notice. By continuing to access or use the Application, you agree to be bound by the modified Terms. If you do not agree to any changes to these Terms, you must stop using the Application. We recommend that you review the Terms frequently to ensure that you understand the terms and conditions that apply to your access to and use of the App.

c) The headings of the sections of these Terms are for convenience only and do not govern the meaning or interpretation of any provision of these Terms.

d) These Terms are personal to the user, and the user may not assign or transfer its rights, licenses, interests and/or obligations to anyone else. Aetsoft may transfer, sell or assign rights, licenses, and obligations at any time, including as part of a merger, acquisition, or other corporate reorganization involving Aetsoft.

e) If any provision of these Terms is held invalid or unenforceable under applicable law, the validity of any other provision or the entire Agreement will not be affected.

f) Aetsoft may not always strictly enforce our rights under these Terms. If we do, it will be a temporary measure and we may again strictly enforce our rights at any time.

 

You may contact Aetsoft at the following address:
Aetsoft, Inc.
1309 Coffeen Avenue STE 1200, Sheridan, Wyoming, 82801, USA
support@plushero.app