General Terms And Conditions
[Effective] As of November 11th, 2020 until amended or revoked.1./ [Company data]
The data of the company pursuant to Section 4 of the e-Commerce Act:
- Name: Akriel Mathematics Kft.
- Registered seat: H-2000 Szentendre, Szmolnyica sétány 14/6.
- Company registry: The Court of Registration of the Tribunal of Budapest Region, company registration number: 13-09-182127
- Tax No.: 25709830-2-13
- Hosting Provider: Amazon Web Services, Inc.
- Registered seat: P.O. Box 81226, Seattle, WA 98108-1226
- E-mail: firstname.lastname@example.org
2.1 These General Terms and Conditions (hereinafter referred to as "GTC") contain the terms and conditions of the current and any future use of the intelligent online mathematics tutorials provided by Akriel Mathematics Kft. (hereinafter referred to as "Akriel" or "Company") on its Website at https://akriel.io, or any future platforms (like smartphone applications) (hereinafter collectively referred to as "the Program").
2.4 The Company shall have the right to unilaterally amend the GTC at any time by posting it on its website 11 (eleven) days prior to its entry into force, which shall be accepted by the Users after further use of the Program. The Company is entitled to unilaterally change the fees for the use of the Program in the same manner as the GTC, which will be applied to all new and current uses, except for the usage fees already paid. In case of ongoing Akriel Subscriptions the change of the fees will be valid after the current payment period, thus the modified fees are automatically applicable for the next payment period. If the User does not wish to uphold his/her Akriel Subscription with the modified fees, the User is entitled to terminate his/her Akriel Subscription as of the end of the current payment period any time.
2.5 The Company is a Hungarian legal entity. By using the Program, the User acknowledges that Hungarian law should prevail during the usage and any subscriptions to the Program. The present GTC is also subject to Hungarian law. Akriel explicitly excludes the application of any foreign laws, except such legal acts which cannot be excluded.
2.6 Hungarian legislation primarily governing this GTC:
- Act V of 2013 on the Civil Code ("Civil Code")
- Act CVIII of 2001 on certain issues of electronic commerce services and information society services ("e-Commerce Act")
- Government Decree No. 45/2014 (February 26th) on the detailed provisions of contracts concluded between consumers and businesses ("Government Decree").
3.1 The aim of the Program is to provide Users with assistance during their primary and secondary school mathematics teaching and learning.
3.2 The prerequisite for the use of the Program is the User Registration, during which the General Terms and Conditions are accepted and the User agrees to the processing of his/her personal data. Thereafter, the User is entitled to use the free service level of the application on its own devices. Akriel reserves the right to prohibit any use or abuse of the program by anyone who has infringed its intended use, in particular those who have misused the information contained in the application, or who rendered the use of the application impossible or made any related attempts.
3.3 During the registration and subsequent use of the program, the User may decide to use a higher user level. By selecting a higher user level of the Program ("Akriel Subscription"), the User is entitled to use the extended functionality in addition to the basic functions of the application for the usage fee specified in item 5.2. The extended functions are described in item 4.4.
3.5 It is the responsibility of the User to maintain the confidentiality of the password provided upon registration. In order to protect the confidentiality of passwords, the Company will take all the technical measures expectable to prevent their disclosure, but will exclude any liability for damages caused by negligent use or events beyond its control.
3.6 The registration of a User under the age of 18, or with a limited capacity, and the use of the Akriel Subscription requires the consent of the legal representative or guardian.
3.7 The Company shall have the right to terminate the User's right of access and to cancel his/her registration and the information recorded by the User in the Program without justification and prior notice. The Company reserves the right to change or delete the functions, operation or appearance of the Program, or to suspend or terminate the operation of the Program any time. In the event of substantial changes to the operation of the Program or suspension of its operation, the Company undertakes to reimburse the already paid usage fees in a proportionate manner, however, any further financial liability is excluded. A substantial change to the operation of the Program means that a previously available function of the Program is no longer available, or it becomes disproportionately difficult to access.
3.8 The Company shall have access to all data provided by the User, except for the user password processed separately.
3.10 The Company shall transfer any data identifying the User's registration to third parties or authorities only in the case of the consent of the User provided in a private document with full probative force, or in the cases required by law, and if the data transfer is required for billing or the fulfillment of other legal obligations necessary or justified to recover overdue user fees.
3.11 The User agrees that the Company will send information or notification letters to his/her registered e-mail address concerning information related to the Program. Such notification of the Users is not considered to be advertisement. During registration, the User may give his/her consent to receiving messages having marketing purposes, in which case the Company can provide regular information to the User about new functions, services and possible promotions available in the Program.4./ [Range of services available]
4.1 After registration, the User shall have the right to access the Program operated by Akriel at the user level associated with its subscription package and upon payment of any possible usage fees. The subscription packages and the Program are only available online. The subscription package prices displayed shall be interpreted in the currency indicated (EUR, USD and HUF) and are inclusive of VAT.
4.2 Upon registering on our website, the User may use the following functions within the scope of the chosen access rights:
4.2.1 Problem Solution Function: The User can upload mathematical problems to the Program, which are solved by the Program and explained step-by-step in an automated way.
4.2.2 Learning Function: The User can select and solve problem types established in the Program, categorized in terms of courses ("Course") and learning units ("Topics"), based on the objectives of mathematical education, which are aimed at the learning of a mathematical problem and/or curriculum to be studied in a given Topic ("Problem Type"). These problems are solved by the Program, and the Program also checks the correctness of the solution and results submitted by the User. Thereafter, if the Program detects a problem in the solution, it draws the attention of the User to it, and facilitates the better understanding of the mathematical problem with automated explanations. During the Learning function, the Program creates similar mathematical problems ("Clone problem") for the User until the User learns the correct solution of the problem type.
Within the Learning function, Users can view all types of problems under the Topic, and create any number of Clone problems for practice.
4.3 The Company determines the prevailing functionality and usage fee available for each Subscription Package. Akriel shall be entitled to unilaterally modify the Subscription Packages, such as usage fees and available functionality any time. Subscription Packages advertised by Akriel do not constitute a contractual offer or a commitment to enter into a contract with the User and shall be interpreted only as a call for offers.
4.4 Key Features of the User Packages:
4.4.1 Free Version: Users are entitled to use the complete Problem Solution function and the trial version of the Learning functions of the Program. In the Learning function, the User has access to the part of the Topics covered by the Course any time in the Program. If higher user access rights are required to view a Topic, problem type, Clone problem, or problem solution, the Program will always notify the User thereof.
4.4.2 Akriel Subscription: Users are entitled to use the Program’s Problem Solution and Learning Functions without any restrictions. As a result, Akriel Subscription makes available to the User all Courses and Topics, all types of assignments and Clone problems associated with them, the verification of results uploaded by the User, and their detailed explanation.5./ [Usage fee]
5.1 Use of the Free Version does not entail any obligation to pay a usage fee.
5.2 In the case of ordering the Akriel Subscription, the User is obliged to pay the usage fee. The amount of the usage fee depends on the number of subscriptions (individual, group or school subscription) and the length of the payment period (monthly, quarterly or yearly payment).
5.3 In case of an Indiviual Subscription the User orders the Akriel Subscription for himself or for any other third party. In case of a Group Subscription the User orders Akriel Subscriptions at the same time for at least ten (10) Users. In case of a School Subscription the User orders Akriel Subscriptions at the same time for at least one hundred (100) Users.
5.4 The current usage fees of the Akriel Subscription are the followings:
1 user$ 48
/ user / 1 year$ 24
/ user / 3 months$ 12
/ user / monthSubscription
min. 10 users$ 24
/ user / 1 year$ 12
/ user / 3 months$ 6
/ user / monthGroup subscription
The total amount of usage fee includes the value added tax (VAT) and all costs for the billing period.
5.5 The User who places the Group Subscription and pays for its usage fee ("Group Leader") will be provided free access for an extra month to its own Akriel Subscription of one year. If the Group Leader extends the group subscription before this period expires, he/she will receive a free annual Akriel Subscription under the next Group Subscription.6./ [Order procedure]
6.1 In order to place an order for Subscription Packages Users need to register first. The User can register using the Register button on the Website. When registering and placing orders, please ensure that your data is accurate, as providing incorrect or old data can make communication difficult and lead to other administrative misunderstandings and incorrect invoicing.
6.2 After registration, the User logs in to his/her own administrative account created by the registration and selects the Subscription Package that he/she wishes to order.
6.3 If the User has chosen to use the Free Version, he/she can immediately access the Free Version functions described under item 4.4 after registration.
6.4 If the User chooses to order the Akriel Subscription User Level, the User may initiate its order by the "Subscription" button. For a given period of time, the User is entitled to place an Individual Subscription for his/her own use as well as to place several Group Subscriptions or School Subscriptions as a Group Leader.
6.5.1 Payment by card
You can easily and safely pay for the selected Subscription Package by card. Card payment transactions are performed using the safe payment interface of Barion Payment Zrt. (an institution under the supervision of the National Bank of Hungary, license number: H-EN-I-1064/2013, hereinafter referred to as "Barion"). We do not forward customer data to Barion, nor do we receive any bank information from Barion, except for proof of a successful transaction. We accept the following cards:
- Visa Classic (embossed)
- MasterCard (embossed)
- American Express cards
- depending on the issuer, Visa Electron (not embossed) and Maestro cards.
Payment by card is not subject to a surcharge.
In case of a payment by card the User may save its credit card data in the system of Barion and this way the User will be able to pay without his/her credit card data in Akriel thereafter. By saving its’ credit card data the User can enable that Akriel may deduct the usage fee of the next payment period automatically at the end of the payment period. This way the Akriel Subscription remains valid without renewal. Without the User’s consent the Akriel Subscription terminates automatically at the end of the payment period.
6.5.2 Bank transfer
If the User chooses to pay by bank transfer, he/she will receive an e-mail including the beneficiary's bank account number, the payment deadline and the note to be included in the specified field. Until the date of receipt of the Usage Fee by the Company, the User is entitled to modify his/her invoicing and other data previously provided (for example: Group Name, Group Headcount, Bank Transfer note).
In the case of bank transfer, the User shall settle the invoice value by transfer to the specified bank account no later than 30 days after placing the order. If payment is not received by the 30th day following the order, the order will be automatically canceled and the Subscription Package to be used by the User will not be activated. Akriel only accepts full payment, partial payments are not accepted. The usage fee is deemed to be fulfilled when it is credited to the bank account of the Company. The User's Subscription Package will be activated within 1 business day after the usage fee has been paid.
6.6 After the order is placed, you will receive a confirmation by e-mail to your specified email address. This automatic order confirmation does not mean that the Company has accepted the User's offer to conclude a contract, it is only an automatic order confirmation. Please ensure that you provide a correct email address and that your mailbox is ready to receive e-mails. Our order confirmation may land in the spam folder, so kindly check that as well after placing the order.
6.7 Orders are processed by the Company automatically on a continuous basis or personally on business days (Monday to Friday). The Contract is concluded by the Parties upon the acceptance of the Company, which shall be provided by the Company by activating the Subscription Package. Until the activation of the Subscription Package, the Company is entitled to refuse any order without justification, in which case the refunding of the usage fee renders the contract of the parties non-existent.
6.8 If you choose a Group or School Subscription, after the activation of the Subscription Package, the Group Leader will be notified by email of the activation of the Group Code, which can be view on the Website and by sharing the Group Code, he/she can share the Subscription Package with other members of the Group and enable the activation of their Subscription Packages. The Subscription Package for Users using the Group Code is activated by Akriel in the order of application for the number of Users specified by the order of the Group Leader and by which the Group Leader fulfilled its payment obligation. In the event that the Group Code is used incorrectly by a User not intended by the Group Leader, the Group Leader shall be entitled to withdraw the Subscription Package from such Users and share the group code with an additional User. The Group Leader is entitled to place several Group Subscriptions during a period of time, in order to set up a group.7./ [Scope of the contract]
7.1 Free Version: The Free Version Contract is concluded for an indefinite period and is automatically terminated, and the User's account and data provided upon registration will be deleted if the User does not use the Program for a full year (does not log in) and does not respond to warning emails sent out on the erasure of the Program. In the case of automatic termination of the contract, the User is entitled to re-register any time.
Either Party may terminate the Free Version Contract without justification and with immediate effect. Akriel is entitled to unilaterally decide whether the User is entitled to re-register after the termination. Akriel excludes all material liabilities in connection with its termination.
7.2 Akriel Subscription: By ordering the Akriel Subscription, a contractual relationship is established between the Parties for an indefinite period of time, during which the payment obligation of the User depends on the chosen payment period.. Either party is entitled for the termination of the Contract without a justification.
The User is entitled to unilaterally terminate the Contract any time, as of the date of the end of the current payment period. The User may inform Akriel on the termination using this option in his/her Akriel Profile page electronically by withdrawing his/her consent for the automatical payment of usage fees. In case of a termination by the User, the Akriel Subscription terminates on the end of the payment period, thus the User will not be obliged for any further usage fee payment and neither will be entitled for any usage fee reimbursement.
Akriel is entitled to unilaterally terminate the Contract for the date set by Akriel, by refunding the proportionate usage fee (if applicable). In addition to the refunding of the proportionate usage fees, Akriel's further financial liability is excluded in connection with the termination. The User is entitled to request the cancellation of his/her access and the erasure of his/her account provided to the Program any time without any justification, in which case the contract will be terminated and the paid usage fee will not be refunded.
Akriel is entitled to unilaterally terminate the contract without any obligation to refund the User due to any serious breach of contract by the User.
The contract is automatically terminated with the end of the payment period of the User's subscription if
- the User did not allowed Akriel to automatically deduct the outstanding usage fee from the credit card saved in the system of Barion, or
- the automatical payment by the credit card saved in the system of Barion remains unsuccessful (e.g. due to the lack of bank balance).
Upon termination of the Akriel Subscription, the User is entitled to use the Program under the Free Version Contract.
7.3 Termination Rights of the Consumer: The Consumer is also entitled to terminate any contract within the time limit specified by law without justification. The Consumer may exercise the right of termination within fourteen (14) days from the date of conclusion of the contract. If the Consumer intends to exercise his/her right to terminate the Contract, he/she shall submit its unilateral declaration including its intent to terminate the contract using the template of Annex 2 of Government Decree No. 45/2014 (February 26th) to the Company within the aforementioned period using any of the contact details indicated in item 1 of this GTC (by mail, fax or e-mail). The Consumer shall be deemed to have exercised his/her right to terminate the Contract by sending a notice of termination to the Service Provider before the expiry of the aforementioned deadline. The Company shall immediately confirm receipt of the Consumer's notice of termination by email and arrange for the termination of the contract.
If the Consumer terminates the contract in accordance with statutory regulations, the Company shall refund the total amount paid by the Consumer as consideration, including any costs incurred in connection with the performance, if any, as soon as possible, but not later than 14 days after the receipt of the withdrawal of the Consumer or notification thereof. The Company shall apply the same payment method as the payment method used in the original transaction, unless the Customer expressly consents to the use of another payment method. Due to the application of the payment method of the original transaction as refund method, no additional costs will be borne by the Consumer.8./ [Responsibilities]
8.1 The Company does not take any financial responsibility for the accuracy of the results provided by the program, given that the program is for educational purposes only, which is provided by the detailed explanations and not the correctness of the results.
8.2 The use of the Program beyond educational and learning purposes is prohibited without the consent of Akriel. Any damage caused by such use is excluded from Akriel's liability.
8.3 Liability for defects
In which case are you entitled to exercise your right to compensation under the liability for defects?
In the event of a faulty performance of the Company, you may enforce a claim against the Company in accordance with the provisions of the Civil Code.
What rights do you have based on your compensation claim under the liability for defects?
You have the following options to exercise your right to enforce the liability for defects at your sole discretion:
You may request a repair or replacement unless the fulfillment of any of the requirements you choose is impossible or would result in a disproportionate additional cost for the Company compared to meeting your other claims. If you did not or could not request repair or replacement, you may claim a proportionate discount of the consideration or you may have the fault repaired at the expense of the Company, or as a final solution, may withdraw from the contract.
You can also switch from your chosen liability for defects to another, but you will bear the cost of the transition, unless it was justified or you had to do so because of the Company.
What is the deadline for enforcing the liability for defects?
You must announce the error immediately after discovering it, but not later than within two months of the discovery. At the same time, please note that you may not enforce your rights for liability for defects beyond the two-year limitation period after the performance of the contract.
Where to submit your claim for liability for defects?
You can enforce your claim for liability for defects against the Company.
What other conditions are there for enforcing the claim for liability for defects?
Within six months of completion, the claim for liability for defects is not subject to any conditions other than sending a notification on the fault and certifying that the product or service was provided by Akriel. However, after six months of completion, you are required to prove that the fault you have detected was already present at the time of completion.
8.4 Product Warranty Information
Please be advised that due to the fact that the Company does not sell movable properties, it has no product liability.
8.5 The Company excludes all liability for the behavior of the Users during the use of the Program.
8.6 The Company excludes any liability for any behavior during the use of the Program that violates the security of the information systems used by the Users, in particular the use of computer viruses and other devices capable of causing damage, unauthorized access to, destruction of, damaging and disclosure of personal and other data held by the Company.
Damage caused by or in connection with such behavior is the sole responsibility of the person expressing such behavior. At the same time, the Company shall make all reasonable technical efforts to prevent unauthorized access to the database of the Program it operates.
8.7 The Company shall exclude liability for any failure for any reason beyond its control, which temporarily, permanently or finally obstructs or derails the achievement of the Program's objective. The Company is entitled to temporarily suspend the continuous availability of the Program for updates or in the event of a server failure, without compensation.
8.8 The Company excludes any liability for any damage resulting out of faults or malfunctions.
8.9 The Company reserves the right to limit, suspend or terminate the availability of the Program.9./ [Copyrights]
9.1 The User using the Program is entitled to use the content of the application for private purposes only. Private use is not subject to consideration, but may not serve the purpose of earning or increasing income directly or indirectly unless otherwise provided for in this GTC. Accordingly, the explanations provided by the Program can be used outside of the Program for the User’s own educational purposes (for its extent, see the item on User Levels).
9.2 Any kind of business use requires the prior written consent of the Company or an explicit permission granted by this GTC. Use of the Company’s logo and trademarks is subject to prior consent.
9.3 Any material received from the Program and its database may only be referred to by mentioning the Company as a source of the information.
9.4 The Company maintains all of its rights to all aspects of its Program, in particular its source code, the name of the Program and its domain names, the secondary domain names and its Internet advertising solutions.
9.5 It is prohibited to adapting or decrypt the contents or parts of the Program, to use any applications capable of modifying or indexing the Program or any part thereof.
9.6 Akriel and Akriel.io are protected by copyright and may be used only by the written consent of the Company.10./ [Complaint handling]
10.1 In the event of any user complaint, the Parties are obliged to conduct negotiations to reach an agreement and prevent legal disputes.
10.2 User complaints may be submitted to by e-mail or by mail at the address of the Company's registered seat. In order to settle a user complaint submitted in this manner, the Company shall take substantive action or send a reply within 30 days upon receipt.
10.3 In matters not governed by the complaint procedure, Hungarian law shall be applicable to the settlement of any disputes between the Parties. The Parties stipulate the exclusive competence of Hungarian courts. Based on the competence of the court the 2nd and 3rd District Court of Budapest or the Regional Court specified as generally competent court in the Code of Civil Procedure should settle any disputes between the Parties.
10.4 As an alternative dispute resolution method, Consumers have the right to initiate conciliation board proceedings. In the area of Budapest, Consumers may turn to the Budapest Conciliation Board operating next to the Budapest Chamber of Commerce and Industry.
10.5 Consumers can also use the online platform established under Regulation (EU) No 524/2013 of the European Parliament and of the Council to settle consumer disputes online. The platform is available under http://ec.europa.eu/odr where you can make complaints.
This document will not be filed, it will only be concluded electronically, will not be retrieved later, will not refer to a code of conduct. Do not hesitate to contact us in case of questions related to the operation and ordering process of the Program.
Dated: Budapest, September 20th, 2020
Akriel Mathematics Kft.