TERMS AND CONDITIONS
CalCon Calculator is a digital service allowing the use of various calculators and converters, as well as creating your own. These Terms and Conditions stipulate the fundamental rules of using CalCon Calculator. By agreeing to these Terms and Conditions you enter into a legally binding agreement with CalCon Mobile sp. z o.o. and you oblige to conform with Terms and Conditions (the Agreement). The Terms and Conditions apply to all Users of CalCon Calculator, whether they access it by the App or the Website.
The following definitions have the same meaning regardless of whether they appear in a singular or in plural form. For the purpose of this Agreement, the following terms have been defined as:
Agreement – refers to the agreement executed by and between Service Provider and the User in the moment of starting using the CalCon Calculator by the App or the Website, provisions of which are stipulated in this Terms and Conditions;
App – refers to a mobile app provided by the Service Provider, which is used by Users to access the CalCon Calculator, create the User’s Calculators, or use other Services;
App Store – the app store where the User can download the App, for example, Google Play Store or Apple App Store.
CalCon Calculator – refers to the service CalCon Calculator provided by the Service Provider, accessible by the App and the Website, which consist in providing access to Calculators and the Services;
CalCon Calculators Database – refers to all the Calculators made available to a particular User (conditional to User’s type of the Account) by the Service Provider as well as the database of calculators and converters owned by the Service Provider;
Calculator –refers to each calculator and converter from Service Provider database accessible by CalCon Calculator, private or public, created by the User or by the Service Provider’s team;
Consumer – Subscriber who is:
- a natural person using Subscription for a purpose not directly related to its business or professional activity; or
- entrepreneur who is a natural person if the Subscription was directly related to the business activity but was not of a professional nature.
License – refers to the license granted by the Service Provider to the Users or Subscribers referred to in § 4;
Publishing on CalCon Calculator –refers to creating a publicly available Calculator, after meeting the requirements set out in § 2 below.
Service Provider – (also the Company) refers to a Polish company: CalCon Mobile Sp. z o.o., with its registered office in Warsaw (00-105), Poland, at ul. Twarda 18, entered into the register of entrepreneurs kept by the District Court for Warsaw, XIII Commercial Division of the National Court Register, under KRS (National Court Register) 0000843640, NIP (Tax Identification No.): 5213897979, REGON (Statistical No.): 386177660;
Services – refers to services provided by the Service Provider by CalCon Calculator and the Website, in particular: providing access to the Calculators and their description on the Website, supporting CalCon Calculator, providing features enabling the creation of User’s Calculators and User’s Account, creating Calculators for special demand, Subscription, providing access to CalCon Database, or any other service offered by the Service Provider with connection to the CalCon Calculator to the Users;
Subscriber – the User who orders the Subscription.
Subscription – refers to the additional, paid services offered and provided by the Service Provider by the App. For more details regarding Subscriptions, especially the terms of payment, see applicable terms and conditions of the App Stores;
User – refers to a person who uses CalCon Calculator by the App or the Website;
User’s Account – refers to an account created by the User by the App that enables the creation of the User’s Calculator.
User’s Calculator – refers to the Calculator created with CalCon Calculator by the User, private or public;
Website – refers to a website administrated by the Service Provider, by which the Service Provider provides some of its Services, accessible from www.calconcalculator.com;
Work – refers to the work within the meaning of Polish Act of 4 February 1994 on copyright and related rights;
1. General provisions
- Using CalCon Calculator the User gets an access to CalCon Calculators Database.
- CalCon Calculator Database consists of Calculators created by the Service Provider’s team or the Users.
- To use CalCon Calculator, the User needs access to the Internet.
2. Creating User’s Calculator
- To create the User’s Calculator, the User need to register the Account. The minimum age for creating the Account is thirteen.
- Users can create User’s Calculators using the features of the App free of charge.
- User’s Calculator can be private or public. Public User’s Calculator can be used by other Users and is accessible by the App and the Website as part of the Calcon Calculators Database.
- If the User would like to make their User’s Calculator public, submits it for Service Provider for review.
- Service Provider reserves the right to evaluate, at its sole discretion, the User’s Calculator’s quality and originality and decide if it is suitable for publishing. Service Provider’s decision is final. Service Provider informs the User whether the User’s Calculator is going to be published. It is not possible to change the status of the User’s Calculator from public to private.
- Public Calculators are displayed on the Website and the App without information about their author.
- It is not possible to use User’s Calculator outside of CalCon Calculator.
3. Payments and Subscription
- CalCon Calculator offers certain enhanced features of the Services which you can purchase as a monthly, yearly or lifetime subscription (“Subscription”). A description of features associated with Subscriptions is available via the Services. When you purchase a Subscription or a Product (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that CalCon Calculator may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Google Play Store or Apple App Store) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on CalCon Calculator until accepted and confirmed by CalCon Calculator. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
- If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with CalCon Calculator.
- CalCon Calculator reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances CalCon Calculator deems appropriate in its sole discretion. CalCon Calculator also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). CalCon Calculator will either not charge you or refund the charges for orders that we do not process or cancel.
- All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime Subscription), at the time you place your order; and (ii) For monthly or yearly subscriptions, at the beginning of the subscription and, because each such subscription renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your monthly or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via the Site, you can cancel the renewal of your subscription at any time by contacting us by email at [email protected] If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period, and you will continue to receive the Services ordered until the end of your current Subscription period.
- CalCon Calculator reserves the right to change its pricing terms for Subscriptions at any time and CalCon Calculator will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to CalCon Calculator’s pricing terms, then you may choose not to renew your Subscription in accordance with the instructions in the Terms and Conditions.
4. License to use the Calculators
- Subject to these Terms and Conditions, in the moment when the User starts using the CalCon Calculator, the Service Provider grants User a personal, non-exclusive, revocable, limited, nontransferable, worldwide license, to:
- install and use the App on User’s personal device, to access and use Calculators;
- use Calculators;
- use the app’s features to create User’s Calculator;
- The License confers no title or ownership to the CalCon Calculator or Calculators, as well as any trademark or other intellectual property right to the CalCon Calculators Database, Calculators or any other content related to them, in particular these displayed on the Website or CalCon Calculator (“IP”). All rights not explicitly granted under this Terms and Conditions are reserved by Service Provider (or its licensors or legal successors). The IP, including the descriptions of the Calculators which are published on the Website, cannot be used in User’s business activity, especially in order to create database competitive to CalCon Calculators Database. In case of any breach of the terms of this Agreement, Service Provider will use all available rights and sources to protect the IP.
5. User’s Calculator – copyrights
- In case the User’s Calculator (or any of its parts) qualifies as the Work within the meaning of the Polish Act of 4 February 1994 on copyright and related rights, the following provisions applies.
- The User who creates User’s Calculator represents that the Work is his/her own creation and that it is free of any legal defects, that would in any way prevent or hinder performance of the Agreement. In particular, the User represents that no person, legal of natural, will submit a legitimate claim to the Service Provider based on their right to the Work and demand to stop using it in as a part of the CalCon Calculators Database or in any other way use the rights granted in the license set out in the subparagraph 3 below.
- In the moment of creation of User’s Calculator, the User grants to the Service Provider an irrevocable , non-exclusive license to use Work by Service Provider (or its legal successors) as a whole or in parts, in Poland and abroad, without any territorial restrictions, on the following areas of exploitation:
- entering into the computer’s memory and multimedia networks, and making digital copies, by any technique, including temporary/permanent form appearing for example in RAM, a temporary and permanent record, a copy of such records; archiving records; to the Internet and internal networks, as well as transmission within these networks, including on-line mode;
- making the Work of its parts or fragments (or any elements thereof) available in such a way that the User can access it in a place and at any time by using CalCon Calculator by computer networks, in particular on the Internet, presenting and modifying the Work or its fragments (or any elements thereof) independently or on any products or services, on any internet site, using mobile telephony and / or the Internet or other on-line lines or off-line connections.
- entering the Work into the Service Provider’s data base, in particular CalCon Calculators Database;
- right to sub-licensing in the fields of exploitation specified in sub-paragraphs a-c above.
- In addition to the rights stipulated in subparagraph 3 above, in the moment of submitting User’s Calculator for Service Provider review referred to in § 2, the User grants an irrevocable and non-exclusive license to use the Work by the Service Provider (or its legal successors) as a whole or in parts, in Poland and abroad, without any territorial restrictions, on the following areas of exploitation:
- making the Work of its parts or fragments (or any elements thereof) publicly available in such a way that everyone can access it in a place and at any time by using any technique, including making available on computer networks, in particular on the Internet, presenting and modify the work or its fragments (or any elements thereof) independently or on any products or services, on any internet site, using mobile telephony and / or the Internet or other on-line lines or off-line connections;
- use of the Work or its fragments (or any of its elements) for any informational, promotional, and marketing purposes of the Service Provider in regard to CalCon Calculator;
- entering the Work into the Service Provider’s data base and making it available to public;
- display the Work next to paid advertisement on the Website or the App, or any other website;
- use of the Work as the part of the apps and computer programs which allow certain information to be displayed automatically on external websites (also owned or administrated by the subjects other than the Service Provider) as embedded content.
- In the moment of Publishing on CalCon Calculator, the User undertakes not to exercise his moral rights to the submitted Work and grants the Service Provider an unlimited and irrevocable authorization to publish and display the Work anonymously by the App and the Website, , as well as to combine it with other works.
- Service Provider does not offer nor provide any remuneration for creation of User’s Calculators nor for granting the license stipulated in this paragraph. The User acknowledges the fact that granting the license is made for free, does not expect any remuneration nor payment of a fee from the Service Provider, and in the moment of Publishing on CalCon Calculator waives all claims for the payment of such remuneration or the fee for the use of the work in all fields of exploitation referred to in this paragraph, as well as for granting consent to refrain from using User’s personal rights to the Work referred to in the subparagraph 5 above.
- Subject to applicable law, in particular law applying to the Users from European Union, CalCon Calculator and Calculators are provided ‘as is’ and the Service Provider makes no representations regarding the availability, security or reliability of the CalCon Calculator. Furthermore, Service Provider makes no warranty and disclaim any liability for the accuracy of the Calculators as well as the results of the equations solve with the Calculators.
- Service Provider reserves a right to stop providing ongoing support or maintenance of CalCon Calculator. In case Service Provider decides to cease supporting CalCon Calculator, the User may lose access to the Account and User’s Calculator, even without warning.
- SUBJECT TO APPLICABLE LAW, IN PARTICULAR THOSE APPLYING TO THE USERS FROM EU, THE AGGREGATE LIABILITY OF SERVICE PROVIDER AND THEIR RESPECTIVE AFFILIATES AND LICENSORS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY USER OR SUBSRIBER DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICE PRODIVER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES, LOST DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT, STATUTORY REMEDY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE AND IRRESPECTIVE OF WHETHER EITHER PARTY HAS ADVISED OR BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. USER AND SUBSCRIBER HEREBY WAIVES ANY CLAIM THAT THESE EXCLUSIONS DEPRIVE THEM OF AN ADEQUATE REMEDY .
The User has a right to submit a complaint regarding the quality of the Services or any other matter to the Service Provider, at any time, by sending an e-mail to the address: [email protected] The complaint will be considered by the Service Provider as soon as possible, not later than 14 days from the receipt.
8. Violation and termination of the Agreement
- User’s must not use CalCon Calculator to create content that infringes the rights of anyone else. For example, it is forbidden to create content, especially User’s Calculators, which:
- violates the terms of this agreement or provisions of law;
- is or may be considered racist, discriminatory, abusive, defamatory or offensive;
- encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- It is forbidden to use CalCon Calculator to:
- upload or share any files that contain a malicious code, that may in any way damage or interfere with the operation of the CalCon Calculators Database or any software used by the Users;
- reverse engineer, derive source code from, modify, decompile, or disassemble the software used by the Service Provider to provide any Service;
- acting in order to obtain information not intended for the particular User or Users in general, for example data of other Users.
- Service Provider reserves the right to remove, reject or suspend access to any User’s Calculator or User’s Account, if considers it as appropriate, in particular in case of User’s violation of the terms of this Agreement or any unlawful action taken by the User via or with connection to the CalCon Calculator.
- Service Provider reserves the right to terminate this Agreement in particular in case of:
- User’s breach of these Terms and Conditions or any part of them;
- illegal activity undertaken by the User or the Subscriber;
- liquidation of the Company;
- Service Provider’s decision to discontinue offering the Services or supporting the CalCon Calculator.
- Subject to applicable law, the Service Provider reserves the right, in its sole discretion, to make any changes (temporary or permanent) to CalCon Calculator, including but not limited to changing prices, modifying Services or features, discontinuing the CalCon Calculator entirely, limiting the usage or changing the pricing or availability of the CalCon Calculator or Services, without notice. Access to the Services might be also restricted geographically or change from time to time.
- The User, who is not the Subscriber, may terminate this Agreement at any time. There is no formal procedure to follow the termination. In case the User decides to terminate the Agreement, they should stop using the CalCon Calculator or the Website all together. It is not possible to terminate this Agreement and still use the CalCon Calculator or the Website.
- In case of termination, the provisions governing granting the license to the Work by the User prescribed in § 5 still apply and survive termination of this Agreement.
- Additional terms and conditions on Subscriptions are set out in the applicable terms and conditions of the App Stores.
9. Specific information rights of citizens of EU Member state and California
- The Company informs that the Users from the European Union may be entitled to submit a complaint through the Online Dispute Resolution Platform. For more information about ODR check: https://ec.europa.eu/consumers/odr/.
- The Consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection, with a request to settle a dispute arising from the concluded Subscription. The rules of organization and operation of permanent consumer courts of arbitration are specified in the Regulation of the Minister of Justice of 25 September 2001 on the rules of organization and operation of permanent consumer courts of arbitration.
- The Consumer may apply to the voivodeship inspector of the Trade Inspection, pursuant to Art. 36 of the Act of 15 December 2000 on the Trade Inspection with a request to initiate mediation proceedings for the amicable settlement of the dispute between the Consumer and the Service Provider.
- The Consumer may also use the help of a poviat consumer ombudsman, whose tasks include, inter alia, providing free consumer advice and legal information in the field of protection of consumer interests and applying to entrepreneurs in matters of protection of consumer rights and interests or referring to a non-governmental organization whose statutory tasks include consumer protection.
- Under the law of California, USA, the Service Provider is required to present the following information to the Users residing in the state of California:
- The Users may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916.445.1254.
- California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
10. Data protection
- The data controller of User’s personal data is the Service Provider.
11. Final provisions
- Service Provider reserves the right to amend this Terms and Conditions at any time. The Users and Subscribers will be informed about every change by an e-mail. The User has a right to terminate this Agreement if the amended version of Terms and Conditions does not suit them. The provisions of § 8.6 apply.
- Subject to general provisions of law that cannot be excluded by the agreement, all the disputes arising out of this agreement will be governed by and interpreted according to the laws of Poland and any dispute regarding it will be exclusively under the jurisdiction of the courts of Warsaw, Poland.
Date of publishing: January 29th, 2022