Terms of Service

1. Subject and Scope

1.1

Geo Genius applications for Android and iOS (“apps”), websites (“websites”), and related services (together with the apps and websites, the “services”) are operated by Chernika Digital - FZCO, Dubai Silicon Oasis, DDP, Building A2, Dubai, United Arab Emirates (thereafter “Chernika Digital - FZCO,” “Geo Genius,” “us,” or “we”).

1.2

Your use of the services is subject to the following terms and conditions.

1.3

By accessing or using any part of the services, you accept the application of these terms and conditions.

1.4

The content of the contract concluded between Chernika Digital - FZCO and you follows these terms and conditions as well as the specific information provided as part of the registration and by entering into a subscription or trial.

1.5

Chernika Digital - FZCO may amend, change, or update these terms and conditions. If Chernika Digital - FZCO does not obtain your specific consent for any revisions of its terms and conditions, you will be notified at least seven days prior to the effective date of the updated terms and conditions.

1.6

Any revisions to the terms and conditions will become effective the earlier of the end of the seven-day period or the first time you access or use the services after such revisions.

1.7

If you do not agree to the revisions, you may not be able to continue to access or use the services from the effective date of the updated terms and conditions, if providing the services under the scope of the current terms and conditions is not possible or unreasonable for Chernika Digital - FZCO.

2. Services and Rights

2.1

The services allow you to access and use a variety of educational content and services on computer science, data science, programming, software development, and related topics.

2.2

The scope of the services may depend on the type of account, subscription, or trial you have.

2.3

The services are provided to you as a limited, non-exclusive, non-sublicensable, non-transferable basis for your private, personal, non-commercial license to download, install and use, if applicable, a copy of the apps in object code form on a compatible device in your control or ownership.

2.4

All content available through the services, including audio, designs, graphics, images, information, software, text, and other files as well as their arrangement and selection are the proprietary property of Chernika Digital - FZCO or its licensors. You may not copy, distribute, display, download, post, reproduce, republish, scrape, sell, or transmit, in any form or by any means, in whole or in part, other than as expressly permitted in these terms and conditions.

2.5

"Geo Genius" and all other trademarks, service marks, graphics, and logos used in connection with the services are trademarks or service marks of Chernika Digital - FZCO or their respective owners. Access or use of the services does not grant or provide you with the right or license to reproduce or otherwise use Chernika Digital - FZCO trademarks, service marks, graphics, and logos.

2.6

You may not derive or attempt to derive the source code of any part of the services, permit any third party to derive or attempt to derive such source code, or decompile, disassemble, reverse engineer, or translate the services or any part thereof. Chernika Digital - FZCO and its licensors own and shall retain all intellectual property rights and other rights in and to the services and any changes, modifications, or corrections thereto.

2.7

You represent and warrant that your access and use of the service is in accordance with these terms and conditions and all applicable laws, rules, and regulations of the United Arab Emirates and any other relevant jurisdiction.

2.8

Chernika Digital - FZCO may change, update, suspend, make improvements to, or discontinue any aspects of the services.

3. Account

3.1

To access and use the services, you are required to register, i.e. create an account.

3.2

You may use your email address along with a self-determined password or a single sign-on application provided by third parties such as Apple, Facebook, or Google to create an account.

3.3

You are required to maintain the confidentiality of your password and other information related to the security of your account.

3.4

You agree to provide accurate, complete, and current information about you as requested by Chernika Digital - FZCO.

3.5

To create an account, you are required to be at least eighteen years of age. If you are at least fourteen years of age, you are allowed to register create an account with consent of your statutory agents. Chernika Digital - FZCO has the right to make its services subject to appropriate proof of identity or consent of your statutory agents.

4. Content

4.1

By creating, storing, or submitting any images, information, reviews, source code, text, translations, or other materials through the services, you grant Chernika Digital - FZCO an irrevocable, non-exclusive, perpetual, royalty-free, transferable, and worldwide license to copy, create derivative works from, display, distribute, excerpt, reformat, reuse, and translate such content for providing the services as well as personalizing your experience of and promoting the services and you acknowledge that you cannot terminate this license after creating, storing, or submitting the content.

4.2

You are responsible for the content you create, store, or submit and represent that you own or have the necessary legal rights for the content to be used by you through the services.

4.3

You warrant that you will not create, store, submit, or otherwise provide on or through the service any content that

  • is abusive, harassing, hateful, offensive, threatening, or otherwise violates any law or infringes upon the rights of any third party (including copyright, privacy, publicity, trademark, or other personal or proprietary rights);

  • in Chernika Digital - FZCO's sole judgment, is explicit or objectionable, damages, exploits, or otherwise impairs the services in any way; or

  • may expose Chernika Digital - FZCO or any third party to harm or liabilities of any kind.

4.4

Chernika Digital - FZCO monitors content created and stored through the services and reserves the right to remove any content that is considered inappropriate.

5. Subscription

5.1

Chernika Digital - FZCO offers automatically renewable subscriptions (“subscriptions”) for a variety of periods (“subscription periods”).

5.2

A subscription enables you to access and use the full scope of the services for the subscription period.

5.3

To enter into a subscription through the websites, you are required to choose a subscription period on the websites, provide your credit card information, and confirm your purchase, upon which you will receive a receipt via email.

5.4

To enter into a subscription through the apps (“in-app subscription”), you can choose a subscription period within the apps and confirm your purchase, upon which you will receive a receipt via email. In-app subscriptions use the in-app purchase functionality of the App Store on iOS or Google Play on Android (“app stores”).

6. Trials

6.1

Chernika Digital - FZCO may occasionally offer you to access and use the full scope of the services for trial purposes (“trials”) for a variety of periods (“trial periods”).

6.2

Chernika Digital - FZCO may, in its sole discretion, determine your eligibility for a trial and suspend or discontinue trials at any time.

6.3

To start a trial, you may be required to provide your credit card information on the websites or use the in-app trial functionality of the app stores within the apps and confirm your trial.

6.4

Your trial may convert into a subscription after the trial period. In such a case, the subscription period will be part of the information provided in the trial offer.

6.5

To prevent a trial from converting into a subscription, you may terminate the trial within the trial period on the websites or within the app stores.

7. Promotional Codes

7.1

Chernika Digital - FZCO may occasionally offer you promotional codes to purchase subscriptions for a variety of subscription periods at a reduced fee (“promotional codes”).

7.2

Chernika Digital - FZCO may, in its sole discretion, determine your eligibility for a promotional code and suspend or discontinue codes at any time.

7.3

Codes cannot be redeemed for cash, refunded, exchanged, or used for other purchases than stipulated in the offer.

7.4

Specific provisions relating to the code may apply in addition to these terms and conditions. If these provisions stipulate a period of validity, the reduced fee shall only apply for this period and increase to the regular fee upon expiration of the period of validity.

8. Revocation

8.1

If you have purchased a subscription or other services subject to charges on the websites as a consumer, you have the right to revoke this contract within fourteen days without the need to specify reasons.

8.2

This revocation right will exist for a period of seven days from the day of the purchase.

8.3

To exercise your revocation right, you are required to notify Chernika Digital - FZCO, Dubai Silicon Oasis, DDP, Building A2, Dubai, United Arab Emirates or hello@chernikadigital.com using an explicit statement regarding your decision to revoke the contract (“revocation notification”).

8.4

Dispatch of the revocation notification before the revocation period expires is sufficient to meet the revocation deadline.

Consequences of Revocation

If you revoke this contract, Chernika Digital - FZCO will refund your purchase by no later than fourteen days from the day of receipt of the revocation notification using the same payment method for the refund that you have used for the original transaction, unless a deviating method has been stipulated with you.

Revocation Notification Template

If you wish to revoke the contract, please complete and return the following form to Chernika Digital - FZCO, Silicon Oasis, DDP, Building A2, Dubai, United Arab Emirates or hello@chernikadigital.com:

I hereby revoke the contract concluded by me regarding the performance of the following service:

Ordered on:

Name:

Address:

Signature (if provided on paper)

Date:

9. Payments

9.1

The conclusion of a subscription is subject to charges (“payment”).

9.2

If you have purchased a subscription on the websites, payment will be made using the credit card information you provided upon entering into the subscription.

9.3

If you have purchased the subscription within the apps, payment will be made through the in-app purchase functionality as provided by the app stores.

9.4

Your payment obligation will renew alongside your subscription at the end of the subscription period, unless you terminate your subscription at least twenty-four hours prior to the end of the subscription period.

10. Termination

10.1

The services start at the time of registration pursuant for an indefinite period.

10.2

You can terminate the services at any time. For this purpose, you are required to delete your account in your account settings on the websites.

10.3

The subscription will be active for the subscription period selected at the time of purchase and will automatically renew unless terminated at least twenty-four hours prior to the expiration of the period. The subscription period shall extend by the same period as the period of the active subscription.

10.4

You can terminate a subscription you have purchased on the websites in your account settings on those websites.

10.5

You can terminate an in-app subscription within the app stores.

10.6

A termination of the subscription will become effective the day after the last day of the subscription period and your account will be converted to an account.

10.7

Upon reentering into a subscription, you will be able to access and use the full scope of the services and retain any previous content or progress.

10.8

If you intend to delete your account, you can do so in your account settings on the websites. In such a case, your account and personal information will be irrevocably deleted, regardless of whether there are any active subscriptions.

11. Limitation on Types of Damages and Liability

11.1

Chernika Digital - FZCO is not liable for user damage claims and only liable for damages arising from body, life, or health violations or from violations of material contractual duties as well as for damages for other damages arising from intentional and gross negligent breach of duty of the company or its statutory or vicarious agents.

11.2

In the event of violations of material contractual duties, Chernika Digital - FZCO is only liable for the contractual and typically foreseeable damages if these were caused by slight negligence, unless damages arising from injury to life, body, or health are present.

12. Privacy

12.1

Your use of the services is governed by a Privacy Policy (https://chernikadigital.com/privacy). By using the services, you consent to the terms of the Privacy Policy.

13. Miscellaneous

13.1

If one provision of these terms and conditions shall be deemed as void, the remainder of the terms and conditions shall remain in full force. If applicable, the void provision shall be replaced by the statutory provisions.

13.2

The laws of the United Arab Emirates shall apply, excluding the United Nations Convention on the International Sale of Goods (CISG). Statutory provisions (especially consumer protection provisions) as legally required by your country of residence, shall remain unaffected.

13.3

The exclusive place of jurisdiction for all disputes, directly or indirectly resulting from the contractual relationship, shall be the respective court at Chernika Digital - FZCO’s registered seat of business if you are an entrepreneur, a legal entity of public law, a special public fund, or have no general place of jurisdiction within the United Arab Emirates.

These terms and conditions were last modified on September 6, 2023.