These Terms of Use (the "Terms") govern your access to and use of the ProgressMentor mobile application and any related services (collectively, the "App") provided by Althemax International Limited ("AlthemaxAI", "we", "us", "our"). By downloading, installing, or using the App you agree to be bound by these Terms. If you do not agree, do not use the App.
The App is intended for use by individuals aged 13 and over. If you are under the age of majority in your jurisdiction, you may only use the App with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. We may, at our discretion, refuse service, terminate accounts, or remove content.
To use certain features of the App you must create an account, either via Sign in with Apple, email and password, or another supported method. You agree to:
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to download and use the App on Apple-branded products that you own or control, in accordance with the Apple Media Services Terms and Conditions and the App Store usage rules.
You agree not to, and not to permit any third party to:
The App allows you to submit answers, notes, questions, and other content ("User Content"). You retain ownership of your User Content. You grant us a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, modify, create derivative works of, and use your User Content solely to operate, improve, and provide the App and related services. You are solely responsible for your User Content and represent that you have all rights necessary to grant the above licence.
The App uses artificial intelligence to generate practice questions, hints, explanations, and feedback ("AI Output"). AI Output is provided for educational purposes only and may be incomplete, inaccurate, or out of date. You should independently verify any AI Output before relying on it. AI Output is not a substitute for professional educational, academic, or qualified advice.
Certain features of the App may require payment of a fee or subscription. All purchases are processed by Apple through the App Store and are governed by the App Store's terms. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your App Store account settings. Except where required by law, payments are non-refundable.
The App, including all software, text, graphics, logos, audio, video, question banks, and other materials (excluding User Content), is owned by AlthemaxAI or its licensors and is protected by copyright, trademark, and other intellectual property laws. All rights not expressly granted in these Terms are reserved.
Our collection and use of personal information in connection with the App is described in our Privacy Policy, which forms part of these Terms.
The App may rely on or integrate with third-party services (for example Apple, Amazon Web Services, and AI model providers). We are not responsible for the availability, accuracy, or content of any third-party services, and your use of them is governed by their own terms.
We may suspend or terminate your access to the App at any time, with or without notice, including if we believe you have violated these Terms. You may stop using the App at any time and delete it from your device. Upon termination, all licences granted to you under these Terms will end immediately. Sections that by their nature should survive termination will survive.
To the maximum extent permitted by law, the App is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. We do not warrant that the App will meet your requirements, that the AI Output will be accurate, or that the App will be free of errors or harmful components.
To the maximum extent permitted by law, in no event will AlthemaxAI, its affiliates, officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of, or inability to use, the App. Our total aggregate liability for any claim arising out of or relating to the App or these Terms will not exceed the greater of (a) the amount you have paid to us for the App in the twelve (12) months preceding the event giving rise to the claim, or (b) USD 50.
You agree to defend, indemnify, and hold harmless AlthemaxAI and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the App, your User Content, or your violation of these Terms.
You acknowledge that these Terms are between you and AlthemaxAI, not Apple, and that Apple is not responsible for the App or its content. Apple has no obligation to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.
We may modify these Terms from time to time. If we make material changes we will provide notice through the App or by other reasonable means. Your continued use of the App after the changes take effect constitutes your acceptance of the revised Terms.
These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict of laws principles. You agree that any dispute arising out of or relating to these Terms or the App will be subject to the exclusive jurisdiction of the courts of Hong Kong, except where prohibited by mandatory consumer law in your place of residence.
For questions about these Terms, contact us at [email protected].