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1. **Acceptance**
This website is provided by PowerZ SAS simplified corporation with a capital of 8998 €, located at 95 AV DU PRESIDENT WILSON 93100 MONTREUIL, FRANCE, registered in the Trade and Companies Register of Bobigny, France (hereafter referred to as "PowerZ"). By using this Software, downloading any PowerZ education software (the "Software" or the “Game”), or clicking a box that states you agree to these terms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("ToS"), which may be updated from time to time without notice to you. If you do not agree to the terms outlined in the ToS you may not use the website.
When using the Software, you will also be subject to the PowerZ Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the Software.
1. **Personal Information**
In the course of using the Software, you and other users may provide or post certain content or information which may be used by PowerZ in connection with the Software. Please visit our Privacy Policy for additional information on the types of information different types of users are able to provide.
You retain all ownership rights to your information. PowerZ does not claim any ownership rights over your personal information. PowerZ will only share and use your personally identifiable information in accordance with PowerZ's current Privacy Policy.
1. **Registration**
As a condition to using the Software, you may be required to register and select a password and username or provide additional contact information (hereafter referred to as the "Registration Data").
You must provide PowerZ with accurate, complete, and updated Registration Data. You may not select or use as a Company User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission.
PowerZ reserves the right to refuse registration of or cancel Registration Data in its discretion.
You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone.
Upon completion of the Registration Data, you certify: that you are 18 years of age or older (if signing up for a parent), to provide true, accurate, current, and complete information about yourself and any other users of the account as required by the Site's registration form to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
1. **Membership and Subscription Fees**
You can download the game, create user profiles, play the game for free, but at any time you can choose to support us on a "pay as you like" basis, within a range from 0 USD to 99 USD per month.
Since your support payment is done, your registration will automatically be converted into a paid subscription (the "Subscription"). Your Subscription is for a period of 30 (thirty) calendar days starting on the day of Subscription (the “Subscription Date”), tacitly renewable unless cancelled (the “Termination Request”) on the monthly Subscription Date anniversary **(**the “Expiration Date”) at the latest. If you do not cancel before the Expiration Date, the Subscription is renewed for successive periods of one month. Termination will take effect on the due date. The date of the Termination Request is authoritative. However, direct debit authorizations are sent to your banking institution a few days before the end of the thirty (30) day period. The Subscription can be cancelled at any time directly by logging into your account: PowerZ.tech/account/: "Cancel my Subscription". To avoid billing of the next membership fee, you must cancel your membership before it renews (i.e. prior or at latest on the monthly Expiration Date).
**Membership** shall not be transferred or assigned to any other third-party nor shall a third-party be granted access to the Software or Site through use of your Registration Data.
1. **Termination**
PowerZ, in its sole discretion, reserves the right to terminate your account or any part thereof if you fail to comply with the terms outlined in the ToS. PowerZ may, in its sole discretion, terminate access to the Site or Software without notice. You agree that PowerZ shall not be liable to you or any third party in the event of such termination of access to the Site or Software.
1. **Privacy**
Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Software. By using our Software, you agree that PowerZ can use such data in accordance with our Privacy Policy.
1. **Disclaimers of Warranties**
The Site and Software are provided "as is", and without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, availability and compatibility. No warranty is made that the service will be error-free, that errors will be corrected, that the Site or Software will be uninterrupted or secure, that the Site or Service will meet your expectations, or that the Site or the servers that make such content available shall be free of viruses or other harmful components. Any material obtained through the use of the Site or Software is done so at your own discretion and risk and PowerZ shall not be responsible for any damage or loss of data that results from obtaining such material. No warranty is made regarding the use or results of use of the Site, Software, or any portion thereof. Any advice or information, whether oral or written, obtained by you from PowerZ shall not create any warranty not expressly stated in the TOS.
1. **Limitation of Liability**
PowerZ has provided the Site and Software "as is" and shall not be liable for any direct, indirect, incidental, special or consequential damages including but not limited to lost profits, personal injury, property damage, loss of data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from: (A) the use of or inability to use the service; (B) the conduct or actions, whether online or offline, of any user of the Site or Software; (C) unauthorized access to or alteration of your transmissions or data; or (D) any other matter relating to the Software or Site. In no event shall our total liability to you for all damages, losses, or any other claims related to the Software or Site whether in contract, tort or otherwise exceed the amount paid by you, if any, or $20, whichever is less.
1. I**ndemnity**
You agree to indemnify and hold harmless PowerZ, its affiliates, successors and assigns, distributors, agents, or other authorized users, and all those stockholders, directors, owners, employees, and agents from all third-party claims, demands, damages, losses, liabilities and costs, including reasonable attorneys' fees, through your use of the Site or Software, your connection to the Site or Software, any breach by you of the ToS arising out of your use of the Site or Software, or your violation of any rights of another.
1. **Severability**
If any term or provision of the TOS is held to be void or unenforceable, that term or provision will be severed from the TOS, the balance of the TOS will survive, and the balance of the TOS will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this ToS.
1. **Governing Law and Arbitration**
The ToS shall be governed under the laws of the Court of Paris (France) and you agree to submit to the jurisdiction of the Court of Paris (France) in respect of any matter relating to the ToS.
1. **Modifications to Site and Software**
PowerZ reserves the right to modify or temporarily discontinue the Site and Software at any time and from time to time without notice to you. You agree that PowerZ shall not be liable to you or any third-party for any modification or temporary discontinuance of the Site or Software.
1. **Use of Site and Software**
The Site and Software are for your personal use only. You may not use our Software or Site for commercial use. You agree not to copy, reproduce, reverse-engineer, create derivative works, disassemble, adapt, or exploit in any other way the Site, Software, or any portion thereof. The Site and Software are owned entirely by PowerZ and no right or title is transferred to you.
1. **Entire Agreement**
This TOS constitutes the entire understanding and agreement between you and PowerZ with respect to the subject matter of this TOS. There are no agreements, understandings, restrictions, representations, or warranties other than those in this TOS or referred to or provided for in this TOS.
1. **Data collection**
PowerZ may use collected Data that have been de-identified for product development, research or other purposes ("De-Identified Data"). De-Identified Data will have all direct and indirect personal identifiers removed. PowerZ agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.
1. **Acceptance**
This website is provided by PowerZ SAS simplified corporation with a capital of 8998 €, located at 95 AV DU PRESIDENT WILSON 93100 MONTREUIL, FRANCE, registered in the Trade and Companies Register of Bobigny, France (hereafter referred to as "PowerZ"). By using this Software, downloading any PowerZ education software (the "Software" or the “Game”), or clicking a box that states you agree to these terms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("ToS"), which may be updated from time to time without notice to you. If you do not agree to the terms outlined in the ToS you may not use the website.
When using the Software, you will also be subject to the PowerZ Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the Software.
1. **Personal Information**
In the course of using the Software, you and other users may provide or post certain content or information which may be used by PowerZ in connection with the Software. Please visit our Privacy Policy for additional information on the types of information different types of users are able to provide.
You retain all ownership rights to your information. PowerZ does not claim any ownership rights over your personal information. PowerZ will only share and use your personally identifiable information in accordance with PowerZ's current Privacy Policy.
1. **Registration**
As a condition to using the Software, you may be required to register and select a password and username or provide additional contact information (hereafter referred to as the "Registration Data").
You must provide PowerZ with accurate, complete, and updated Registration Data. You may not select or use as a Company User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission.
PowerZ reserves the right to refuse registration of or cancel Registration Data in its discretion.
You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone.
Upon completion of the Registration Data, you certify: that you are 18 years of age or older (if signing up for a parent), to provide true, accurate, current, and complete information about yourself and any other users of the account as required by the Site's registration form to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
1. **Membership and Subscription Fees**
You can download the game, create user profiles, play the game for free, but at any time you can choose to support us on a "pay as you like" basis, within a range from 0 USD to 99 USD per month.
Since your support payment is done, your registration will automatically be converted into a paid subscription (the "Subscription"). Your Subscription is for a period of 30 (thirty) calendar days starting on the day of Subscription (the “Subscription Date”), tacitly renewable unless cancelled (the “Termination Request”) on the monthly Subscription Date anniversary **(**the “Expiration Date”) at the latest. If you do not cancel before the Expiration Date, the Subscription is renewed for successive periods of one month. Termination will take effect on the due date. The date of the Termination Request is authoritative. However, direct debit authorizations are sent to your banking institution a few days before the end of the thirty (30) day period. The Subscription can be cancelled at any time directly by logging into your account: PowerZ.tech/account/: "Cancel my Subscription". To avoid billing of the next membership fee, you must cancel your membership before it renews (i.e. prior or at latest on the monthly Expiration Date).
**Membership** shall not be transferred or assigned to any other third-party nor shall a third-party be granted access to the Software or Site through use of your Registration Data.
1. **Termination**
PowerZ, in its sole discretion, reserves the right to terminate your account or any part thereof if you fail to comply with the terms outlined in the ToS. PowerZ may, in its sole discretion, terminate access to the Site or Software without notice. You agree that PowerZ shall not be liable to you or any third party in the event of such termination of access to the Site or Software.
1. **Privacy**
Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Software. By using our Software, you agree that PowerZ can use such data in accordance with our Privacy Policy.
1. **Disclaimers of Warranties**
The Site and Software are provided "as is", and without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, availability and compatibility. No warranty is made that the service will be error-free, that errors will be corrected, that the Site or Software will be uninterrupted or secure, that the Site or Service will meet your expectations, or that the Site or the servers that make such content available shall be free of viruses or other harmful components. Any material obtained through the use of the Site or Software is done so at your own discretion and risk and PowerZ shall not be responsible for any damage or loss of data that results from obtaining such material. No warranty is made regarding the use or results of use of the Site, Software, or any portion thereof. Any advice or information, whether oral or written, obtained by you from PowerZ shall not create any warranty not expressly stated in the TOS.
1. **Limitation of Liability**
PowerZ has provided the Site and Software "as is" and shall not be liable for any direct, indirect, incidental, special or consequential damages including but not limited to lost profits, personal injury, property damage, loss of data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from: (A) the use of or inability to use the service; (B) the conduct or actions, whether online or offline, of any user of the Site or Software; (C) unauthorized access to or alteration of your transmissions or data; or (D) any other matter relating to the Software or Site. In no event shall our total liability to you for all damages, losses, or any other claims related to the Software or Site whether in contract, tort or otherwise exceed the amount paid by you, if any, or $20, whichever is less.
1. I**ndemnity**
You agree to indemnify and hold harmless PowerZ, its affiliates, successors and assigns, distributors, agents, or other authorized users, and all those stockholders, directors, owners, employees, and agents from all third-party claims, demands, damages, losses, liabilities and costs, including reasonable attorneys' fees, through your use of the Site or Software, your connection to the Site or Software, any breach by you of the ToS arising out of your use of the Site or Software, or your violation of any rights of another.
1. **Severability**
If any term or provision of the TOS is held to be void or unenforceable, that term or provision will be severed from the TOS, the balance of the TOS will survive, and the balance of the TOS will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this ToS.
1. **Governing Law and Arbitration**
The ToS shall be governed under the laws of the Court of Paris (France) and you agree to submit to the jurisdiction of the Court of Paris (France) in respect of any matter relating to the ToS.
1. **Modifications to Site and Software**
PowerZ reserves the right to modify or temporarily discontinue the Site and Software at any time and from time to time without notice to you. You agree that PowerZ shall not be liable to you or any third-party for any modification or temporary discontinuance of the Site or Software.
1. **Use of Site and Software**
The Site and Software are for your personal use only. You may not use our Software or Site for commercial use. You agree not to copy, reproduce, reverse-engineer, create derivative works, disassemble, adapt, or exploit in any other way the Site, Software, or any portion thereof. The Site and Software are owned entirely by PowerZ and no right or title is transferred to you.
1. **Entire Agreement**
This TOS constitutes the entire understanding and agreement between you and PowerZ with respect to the subject matter of this TOS. There are no agreements, understandings, restrictions, representations, or warranties other than those in this TOS or referred to or provided for in this TOS.
1. **Data collection**
PowerZ may use collected Data that have been de-identified for product development, research or other purposes ("De-Identified Data"). De-Identified Data will have all direct and indirect personal identifiers removed. PowerZ agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.