Terms & Conditions
Last updated: March 2025 |
German Law
GDPR Compliant
Please read these Terms and Conditions carefully before using Alphiox. By downloading, installing, or using Alphiox or Alphiox Hub, you agree to be bound by these terms. If you do not agree, please do not use our services.
1. Parties and Scope
Provider: Nubsoft ("we", "us", "our")
Contact: alphaexplorer@nubtech.org
These Terms govern your use of:
- Alphiox โ a children's educational spelling game
- Alphiox Hub โ a parent companion app for monitoring and managing a child's learning
- Any associated backend services, websites, and content
2. Eligibility and Parental Consent
- Alphiox is designed for children. Use by children under 16 requires the consent and supervision of a parent or legal guardian.
- Alphiox Hub may only be used by adults (18 years or older).
- By using Alphiox Hub and linking it to a child's account, the parent or guardian confirms they have authority to provide consent on behalf of the child.
- If you believe a child is using our services without appropriate parental consent, please contact us immediately at alphaexplorer@nubtech.org.
3. Account Registration
- Alphiox does not require account registration. A random anonymous identifier is assigned on first launch.
- Alphiox Hub requires authentication via Google Sign-In. You are responsible for maintaining the security of your account credentials.
- You must provide accurate information where requested and keep it up to date.
- You may not create accounts on behalf of others without their authorisation.
- We reserve the right to suspend or terminate accounts that violate these Terms.
4. Permitted Use
You may use Alphiox solely for lawful, personal, non-commercial educational purposes. You agree not to:
- Reverse engineer, decompile, or disassemble any part of the app
- Attempt to gain unauthorised access to our systems or other users' accounts
- Use the app in any way that could harm children or other users
- Upload or transmit viruses or any malicious code
- Use automated scripts or bots to access the service
- Reproduce, distribute, or create derivative works without our written permission
- Use the app for commercial purposes without a separate written agreement
5. Subscriptions and Payments
5.1 Free Tier
A free tier is available with limited features. No payment information is required for free use.
5.2 Paid Subscriptions
- Paid subscriptions are available through the Google Play Store. All purchases are subject to Google Play's Terms of Service.
- Subscription fees are charged in advance on a monthly or yearly basis, as selected at the time of purchase.
- Subscriptions auto-renew unless cancelled at least 24 hours before the end of the current billing period.
- You can manage and cancel subscriptions in your Google Play account settings.
5.3 Refunds
Refund requests are handled by Google Play in accordance with their refund policy. We cannot process refunds directly. For disputes, contact alphaexplorer@nubtech.org and we will assist within our means.
5.4 Price Changes
We reserve the right to change subscription prices. You will be notified in advance of any price changes. Continued use after the effective date constitutes acceptance of the new price.
6. Intellectual Property
- All content within Alphiox, including but not limited to the software, graphics, game design, word content, audio, and visual elements, is the property of Nubsoft and is protected by applicable intellectual property laws.
- These Terms do not grant you any ownership rights. You receive a limited, non-exclusive, non-transferable licence to use the apps for personal, non-commercial purposes.
- "Alphiox", "Alphiox", and "Alphiox Hub" are trademarks of Nubsoft. You may not use these marks without our prior written consent.
7. User Content
Users may provide content such as custom words (via the parent app's word planner). By submitting content, you:
- Confirm the content is lawful and appropriate for children
- Grant us a limited licence to use the content solely to provide the service
- Remain solely responsible for any content you submit
We reserve the right to remove any content that violates these Terms or applicable law.
8. Limitation of Liability
Important: Please read this section carefully as it limits our liability to you.
- Alphiox is provided "as is" and "as available" without warranties of any kind, express or implied.
- We do not warrant that the service will be uninterrupted, error-free, or free from harmful components.
- To the fullest extent permitted by German law, Nubsoft shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the service.
- Our total liability for any claim arising from these Terms or your use of the service shall not exceed the amount paid by you to us in the 12 months preceding the claim. For free users, our total liability is limited to EUR 50.
- Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded under German law.
The above limitations comply with German law, in particular ยงยง 305 et seq. BGB (German Civil Code).
9. Disclaimer of Educational Outcomes
Alphiox is an educational tool designed to support learning. We do not guarantee specific educational results. Learning outcomes depend on individual factors including regular use, age, and existing knowledge. The app is a supplement to, not a replacement for, formal education.
10. Service Availability and Changes
- We reserve the right to modify, suspend, or discontinue any part of the service at any time, with or without notice.
- We will endeavour to provide reasonable advance notice of significant service changes.
- We are not liable for any interruptions, downtime, or data loss resulting from service modifications or technical issues beyond our control.
- Features available under paid subscriptions will continue to be available for the paid period in the event of service discontinuation, to the extent technically feasible.
11. Termination
- You may stop using the service at any time. To delete your account and data, use the "Delete Account" feature within the app, or contact us at alphaexplorer@nubtech.org.
- We may terminate or suspend your access immediately, without notice or liability, if you breach these Terms.
- Upon termination, your right to use the service ceases immediately. Provisions that by their nature should survive termination shall survive, including intellectual property rights, disclaimers, and limitations of liability.
12. Privacy
Your use of Alphiox is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the service, you consent to the processing of your data as described in the Privacy Policy.
13. Governing Law and Jurisdiction
- These Terms are governed by the laws of the Federal Republic of Germany, excluding its conflict of law provisions.
- If you are a consumer residing in the EU, you retain the protection of mandatory provisions of the law of your country of residence.
- Disputes arising from these Terms shall be subject to the exclusive jurisdiction of the competent courts in Germany, unless mandatory consumer protection laws of your country of residence grant jurisdiction to courts in that country.
- The EU Online Dispute Resolution platform is available at ec.europa.eu/consumers/odr. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but will consider this on a case-by-case basis.
14. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by updating the "Last updated" date and, where appropriate, by in-app notification or email. Continued use of the service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the service.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law, it shall be modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions shall continue in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nubsoft regarding your use of the service and supersede any prior agreements.