terms and conditions

1. agreement to terms

these terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and abigail mordi and odin lindal ("developers," "we," "us," or "our"), concerning your access to and use of the proggo mobile application (the "app").

nature of the app: you acknowledge that this app is a personal project created for educational, portfolio, and non-commercial purposes. we are international students; this app is not a commercial business entity, is not registered as a corporation, and is provided strictly on a not-for-profit basis.

by accessing the app, you have read, understood, and agreed to be bound by all of these terms and conditions. if you do not agree with all of these terms, then you are expressly prohibited from using the app and you must discontinue use immediately.

2. intellectual property rights

unless otherwise indicated, the app is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the app (collectively, the "content") and the trademarks, service marks, and logos contained therein (the "marks") are owned or controlled by us.

the content and marks are provided on the app "as is" for your information and personal use only. except as expressly provided in these terms, no part of the app and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.

3. user representations

by using the app, you represent and warrant that:

• all registration information you submit will be true, accurate, current, and complete.
• you are at least 13 years of age.
• you represent and warrant that (i) you are not located in a country that is subject to a u.s. government embargo, or that has been designated by the u.s. government as a "terrorist supporting" country; and (ii) you are not listed on any u.s. government list of prohibited or restricted parties.

4. prohibited activities

you may not access or use the app for any purpose other than that for which we make the app available. the app may not be used in connection with any commercial endeavors.

as a user of the app, you agree not to:

• systematically retrieve data or other content from the app to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• circumvent, disable, or otherwise interfere with security-related features of the app.
• use any information obtained from the app in order to harass, abuse, or harm another person.
• use the app in a manner inconsistent with any applicable laws or regulations.
• upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the app.
• engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• attempt to impersonate another user or person.

5. mobile application license

use license

if you access the app via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the app on wireless electronic devices owned or controlled by you, and to access and use the app on such devices strictly in accordance with the terms and conditions of this mobile application license.

apple and android devices

the following terms apply when you use the app obtained from either the apple store or google play (each an "app distributor") to access the app:

• scope of license: the license granted to you for our app is limited to a non-transferable license to use the application on a device that utilizes the apple ios or android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable app distributor's terms of service.
• maintenance and support: we are responsible for providing any maintenance and support services with respect to the app as specified in these terms or as otherwise required under applicable law. you acknowledge that each app distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the app.
• warranty: in the event of any failure of the app to conform to any applicable warranty, you may notify the applicable app distributor, and the app distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the app. to the maximum extent permitted by applicable law, the app distributor will have no other warranty obligation whatsoever with respect to the app.
• third-party terms: you must comply with applicable third-party terms of agreement when using the app.
• third-party beneficiary: you acknowledge and agree that the app distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these terms, and that each app distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license against you as a third-party beneficiary thereof.

6. privacy policy

we care about data privacy and security. please review our privacy policy: https://proggo-learn.vercel.app/privacypolicy.html. by using the app, you agree to be bound by our privacy policy, which is incorporated into these terms.

7. disclaimer

the app is provided on an as-is and as-available basis. you agree that your use of the app will be at your sole risk. to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the app and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. limitations of liability

in no event will we be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the app, even if we have been advised of the possibility of such damages.

9. governing law

these terms and your use of the app are governed by and construed in accordance with the laws of the state of washington, applicable to agreements made and to be entirely performed within the state of washington, without regard to its conflict of law principles.

10. contact us

in order to resolve a complaint regarding the app or to receive further information regarding use of the app, please contact us at:

abigail mordi and odin lindal

email: proggolearning@gmail.com