Terms of Use | Quarks Interactive

(Last edited 05.04.2024)

KEY TERMS

Below is a summary of the key terms of these Terms of Use. This summary is for your reference only and does not form part of the Terms of Use.

Use of the App is subject to these Terms of Use - if you do not agree to the Terms of Use, please stop using the App immediately.
The App is for your personal use only and may not be used for any commercial purposes.
The App does not provide medical advice. If you have any concerns regarding your mental or physical health, you should seek help from a qualified healthcare professional.
The App is provided on an “as is” basis and we do not guarantee that all the information in the App is up to date or accurate at all times and we accept no liability for inaccuracies or omissions. We recommend that you check the accuracy and completeness of any information before relying on it.
We allow you to use the App based on these terms and subject to any rules or policies applied by any app-store providers from whose site you downloaded our App.

Introduction

Please read these rules carefully. These Quarks Interactive Terms of Use, together with our Quarks Interactive Privacy Policy (address: https://www.quarksinteractive.com/privacypolicy) set out the rules which cover our relationship with you in relation to our App.

These terms apply to you if you use our App and are legally binding. You may want to print them out or save them on your device in case you ever want to come back to them in the future.

Please remember that these Terms of Use are not a complete list of all your or our rights or responsibilities, as there might be others under general law. If you want more information about your general rights as a consumer, contact a consumer advice organisation, such as the Citizens’ Advice Bureau.

The App is provided to you subject to these Terms of Use (the "terms"). By using the App you agree to these terms. If you do not agree with these terms, you must not use the App.

Who are we?

We are Quarks Interactive (also referred to as "we", "our" and "Quarks Interactive"). We are a company registered in Romania under company number 40208222 and our registered office is Str. Bailor 93/a, Miercurea Ciuc, Romania.

How the App works

The Quarks Interactive mobile application Quantum Odyssey (the "App") is an independent online platform providing entertaining and educational content. The App is free of charge and contains ads.

The Free Version allows you to:

Use content of Quantum Odyssey game;
Access a library of summaries of topics covered by the App;
Access links to certain third-party information and full version of the game on Steam platform;

In-app purchases

We may offer certain additional functionality (the "Additional Content") in the App subject to you paying for that Additional Content. The price for the Additional Content will be set out in the App at the time you purchase it. If you purchase Additional Content, you will not own that Additional Content, but we will provide you access to that Additional Content as part of the Service, subject to these terms.

If you purchase the Additional Content through the app store you use, for example the Apple App Store or Google Play Store, your purchase will be subject to the terms and conditions of that app-store Provider. Please read the app-store Provider’s terms and conditions.

Support and how to contact us

If you want to learn more about the App or have any problems using it please take a look at our support resources at contact@quarksinteractive.com.

If you have any questions relating to these terms, if you are having any trouble using the App or if you wish to make a complaint, please contact us by emailing us at contact@quarksinteractive.com or use a contact form.

Changes to these Terms

We may amend these terms from time to time, for example, to reflect changes in law, the functionality of the App or the Services offered through it. We will notify changes to these terms in advance via push notifications or any other manner we deem appropriate. Your continued use of the App will confirm your acceptance of the revised terms. Please check the terms whenever you use the App to ensure you understand the terms that apply at that time.

Updates to the App

We may update the App and change the Services available on the App from time to time to improve performance, enhance functionality, reflect changes to our users’ needs or our business priorities or to address security issues. Alternatively, we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.

Operating system requirements

If you are using an Apple device, this App requires a minimum of available memory and the iOS 12.0 or later operating system.

If you are using an Android device, this App requires a minimum of available memory and the Android 5.1 or later operating system.

Privacy

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Quarks Interactive Privacy Policy (address: https://www.quarksinteractive.com/privacypolicy) and it is important that you read that information.

If you want us to delete your personal information that we hold, you may request this by emailing us at contact@quarksinteractive.com.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Who can use the App?

You are welcome to download and use our App if you agree to comply with these terms and you:

are over 18 years old (or are over 12 years old and have permission from your parents or guardians); and
are a real, live person accessing our services for your personal use (you can’t use our App for commercial or business use).

Downloading the App

If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device. You require internet access to use the App and you and they may be charged by your and their service providers for internet access on the devices. You accept responsibility in accordance with these terms for the use of the App on or in relation to any device, whether or not it is owned by you.

Use restrictions

The App is made available to you on a non-exclusive, non-transferable basis for your personal, non-commercial use only. This means that you cannot make money from your use of the App.

You agree that you are the only person responsible for any costs and expenses incurred in relation to any use of the App downloaded by you or on your device.

You agree that you will:

not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part, to any person unless you get written permission from us first;
not copy the App except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except solely to the extent such actions cannot be prohibited by law;
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App; and
not remove, alter, or obscure any copyright, trade mark or other proprietary notices appearing in or on the App.

Acceptable use

You may only use the App for lawful purposes. You must not access or use the App (or any of the Services or content made available through the App):

in any unlawful way, for any unlawful purpose, or in any way that is inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
in a way that infringes our copyrights or other intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not permitted by these terms);
to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
to collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App;
to access or interfere with another user's account or information, impersonate another person or create or use a false identity or contact details; or
in any way that is not authorised by us or is detrimental to us, our other users or our third party service providers.

Your Account

You must register for an account with us in order to use all provided features of the App. Registering false contact information of any kind may result in the suspension or termination of your account.

You may only use and access the App on your own behalf and not on behalf of anyone else. Please ask them to sign up on their own behalf if they wish to use the App.

Your registered account details (including your password) are confidential. You must not disclose this information to any third party. You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other action taken in connection with your account.

You must immediately notify us of any unauthorised use of your account or any other breaches of security.

Intellectual Property

All intellectual property rights in the App throughout the world belong to us (or our licensors) and your access to the App is provided as a service (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.

You licence us to use any information, data or other content (“Content”) you provide to us through the App or that we obtain or receive on your behalf and you agree that we can use, modify, display, distribute and create new material using the Content so that we may provide you with the App (and the Services offered through it) and for any other purposes set out in these terms, including our Quarks Interactive Privacy Policy (address: https://www.quarksinteractive.com/privacypolicy). By submitting Content you confirm and agree that the owner of that Content has expressly agreed that, without any particular time limit, and without the payment of any fees, we may use the Content for the purposes set out in these terms and our Quarks Interactive Privacy Policy.

Liability Disclaimer

Please read the provisions of this section carefully as they exclude or limit our liability for any losses suffered by you in connection with your use of the App.

Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited under applicable law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our App, any content on it or Services accessed through it, whether express or implied.

We will not be liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

use of, inability to use or unavailability of the App (or any part of it);
use of any products, data, information or services accessed or obtained, or messages received or transactions entered into, through or from the App, including use of or reliance on any content displayed on or made available through our App;
unauthorised access to or alteration of your transmissions or data; or
any inaccuracy or incompleteness of any information received by you or by us through the App.

You acknowledge that when you use our App to access to third party content or services, we are not responsible for those third-party providers. We do not accept any responsibility or liability to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, for any acts, omissions, errors or defaults of any third party.

We shall only be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted these terms.

We try to ensure that all content provided by us on the App is accurate. However, we do not guarantee that all the information in the App is up to date or accurate at all times and we accept no liability for inaccuracies or omissions. Any reliance that you may place on the information on the App is at your own risk. We recommend that you check the accuracy and completeness of any information before relying on it.

The information provided on the App is for general education and entertainment purposes. It is not medical advice. If you have any concerns regarding your mental or physical health, you should seek help from a qualified healthcare professional.

Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from our App is at your own risk. We do not accept liability for any loss or damage that you suffer because of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of our App. You are responsible for protecting your computer systems and other devices from exposure to viruses using anti-virus software, firewalls, and any other technical measures necessary. If you download our App or other digital content provided by us and you suffer damage to your device or other digital content you own because we have not exercised reasonable care and skill in creating such digital content, you may be entitled to compensation or repair at our expense pursuant to your statutory rights.

We do not guarantee the availability of the App. As with any service over the Internet or mobile network, there are factors over which we have no control, for which we cannot accept liability. We may suspend, withdraw or restrict the availability of all or any part of the App where we consider that this is necessary for maintenance or any other business or operational reasons without any prior notice or liability to you.

The App is provided on an 'as is' and 'as available' basis. We try to make sure that it will work on each compatible mobile device (please see section Operating Requirements) above for more details on compatible devices), however, we do not guarantee that the App will be suitable for your needs or that it will work accurately or in any particular way.

We shall not be liable for any delay or failure to provide our services or perform any obligation under these terms if the delay or failure is caused by circumstances beyond our reasonable control.

We are not responsible for other websites you link to

The App and the Services made available to you via the App may contain links to independent websites which are not provided by us. These independent sites are not under our control and we are not responsible for them. We have not checked or approved the content of their privacy policies (if any). You will need to make your own independent judgement about whether to use such independent sites, including whether to buy any products or services offered by them.

Your rights to cancel

Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within fourteen (14) days and receive a refund. This is sometimes referred to as the “cooling-off period”. You can exercise this right by notifying us at contact@quarksinteractive.com.

If you no longer wish to use the App, you can notify us at any time after your first three (3) months of use by emailing contact@quarksinteractive.com and we will remove your access to the App. It is not possible to cancel before three (3) months, except during your cooling-off period described above. We will normally remove access to your account within two (2) days of your notification to us. Please note that once deleted, your account cannot be recovered.

Except where you have notified us within the “cooling-off period” above, if you purchased a quarterly subscription or annual subscription, your payment in advance for your use of the App is non-refundable.

We may end your rights to use the App if you break these terms

We reserve the right at any time to terminate your agreement with us and your use of the App, with or without cause, immediately upon giving you notice in writing to the email address provided by you when you registered for your account (or any subsequent email address you provide). In particular, we may do this if:

you use the App in a manner that is deemed by us to be contrary to these terms or fraudulent; or
if we stop providing the App.

In such instances, we are not liable to you for the cost of any content purchased by you through the App which you are no longer able to access or use as a result of your account being deleted or suspended.

Appstore provider

We make our App available on the Google Play Store and the Apple App Store, our app-store Providers. The ways in which you can use the App may also be controlled by your app-store Provider’s rules and policies. We encourage you to read those rules and policies and ensure that you comply with them. If there are any differences between these terms and the app-store Provider’s policies, the latter will apply.

You acknowledge that these terms are concluded between you and us, and not with the app-store Provider. We are solely responsible for the App and its content, not the app-store Provider. The app-store Provider has no liability whatsoever to you under these terms or in relation to the App.

Open source software

If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of these terms. We may notify you of such terms from time to time, or you may request details of such terms, if any apply.

We may transfer these terms to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these terms.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

Rights for third parties

If you have downloaded our App from the Apple App Store, you acknowledge that Apple may enforce the provisions of these terms against you as a third-party beneficiary in accordance with the Contracts (Rights of Third Parties) Act 1999 (“Act”). Otherwise, nothing in these terms is intended to confer on any person any right to enforce any term of these terms which that person would not have had but for that Act.

If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If we delay in enforcing this contract, we can still enforce it later. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Our agreement with you

These terms constitute the whole agreement and understanding between you and us in relation to the use of our App. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these terms or your use of our App are superseded, except as otherwise expressly stated in these terms.

Notices

You agree that any notices and other communication may be given by us by email or posted on our App and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you 24 hours after email or posting.

Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Romanian law and you can bring legal proceedings in respect of the products in the Romanian courts.

The headings used in these terms are for convenience only and shall not affect their interpretation. In these terms, unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa. Use of the words, includes or including or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.