Terms of Use

This document is a translation of the original version of the Terms of Use. It is provided for informative purposes only and have no contractual or legal value.

  1. Definitions

    Each of the following terms shall have the meaning set forth below in these Terms of Use (ToU):

    • ToU: abbreviation referring to this document, the Terms of Use.
    • Application: refers to the application Crosswords (com.gingkolab.crossword) as a whole, including software, screens, pages, graphical elements, content, etc.
    • User: any person using the Application, whether free or paid. In plural form Users, it refers to all persons using the Application.
    • Publisher: refers to the publishing company Gingko Lab, SARL with a share capital of €1000, registered with the Bordeaux Trade and Companies Register under number 947665519, with its registered office located at 7 Allée de Chartres, 33000 Bordeaux.
    • Party: refers to either the User or the Publisher. In plural form Parties, it refers to both the Publisher and the User.
    • Store: refers to the platform(s) used by the Publisher to distribute the Application and by the User to download it.
    • AppStore: refers to the Store for Apple-branded devices.
    • PlayStore: refers to the Store for devices running the Android operating system.
  2. Purpose

    These ToU establish the contractual terms governing the use of the Application by the User.

  3. Acceptance

    Before using the Application, the User must carefully read these ToU. If the User does not accept them, access to the Application is not permitted. The User must not attempt to use any feature of the Application without having accepted the ToU. Use of the Application constitutes full and unconditional acceptance of the current ToU.

  4. Operation of the Application

    1. Business Model

      The Publisher does not exploit or sell any User data. For more information about User data, see Article Processing of User Data.

      The Publisher may be funded through advertisements within the Application and through in-app purchases made by the User to unlock content.

    2. Crossword Solving

      The Application offers various formats of algorithmically generated crossword grids. The User chooses one format and may then attempt to solve the crossword.

    3. Leaderboards

      The User may connect their Apple Game Center account to the Application. Each time the User completes a crossword grid, their solving time is recorded in the leaderboard. Leaderboards are separated by grid format and managed by Apple.

  5. Processing of User Data

    None of the data processed by the Publisher can identify a User, either individually or when aggregated with other processed data. As such, the data are not personal data and are anonymous or anonymized. GDPR regulations therefore do not apply to the data processed by the Publisher within the Application. For more details, please refer to the Privacy Policy page.

  6. Rights and Obligations of the User

    1. Restrictions on Use and Content Publication

      The User agrees to comply with all applicable laws and regulations, as well as the following restrictions:

      • Do not publish illegal content, including:
        • defamatory, abusive, threatening, harassing, or otherwise inappropriate content;
        • content promoting hate, racism, discrimination, violence, pornography, or any violation of human dignity;
      • Do not interfere with the proper functioning of the Application, including:
        • probing, scanning, or testing vulnerabilities;
        • violating security measures;
        • installing, integrating, or uploading malware into or through the Application;
        • using the App in an abusive, excessive, or inappropriate manner, including SPAM, denial of service, bug exploitation, etc.;
        • attempting to disrupt the technical infrastructure behind the Application;
        • using automated techniques to collect data or content from the Application;
      • Do not infringe upon the rights of other Users, including:
        • collecting data about Users;
        • impersonating another User;
        • hacking another User’s account;
      • Do not exploit the Application’s data. It is forbidden to use or exploit data contained in the Application for personal or commercial purposes.
  7. Liability and Force Majeure

    1. Use

      The Publisher cannot be held liable for any misunderstanding or misuse of the Application’s features, or for any direct or indirect material damage, including loss of profits, business, or customers.

      The Publisher is not liable for poor performance of the Application’s features due to third parties or in the event of force majeure.

    2. Access to the Application

      The Publisher cannot be held responsible for any unavailability of the App due to force majeure, maintenance, updates, hardware incompatibility, hosting provider intervention, or network outage.

      The User acknowledges the limitations of the internet and understands that data exchange cannot be guaranteed. Therefore, the Publisher is not responsible for data loss, intrusion, viruses, service interruption, or other issues arising from internet vulnerabilities.

      Inability to use or update the Application, especially due to hardware incompatibility, does not entitle the User to any compensation or refund, except in cases of proven hidden defect or non-conformity.

  8. Intellectual Property

    The content, software, logos, algorithms, graphical elements, databases, and all components of the Application are the exclusive property of the Publisher. Any communication, reproduction, dissemination, or redistribution may result in penalties under the French Intellectual Property Code, Civil Code, and Commercial Code.

    These ToU do not grant any intellectual property rights to the User.

    The Publisher grants the User a non-exclusive, revocable license to use the Application. This personal license may not be transferred to a third party.

    The User is not granted any right to access, use, or disclose the Application’s source code. The Publisher retains exclusive rights to the methods, algorithms, and processes in the software, as well as the associated documentation.

  9. Complaints

    Any complaint by the User against the Publisher must be made in writing, either by registered mail with acknowledgment of receipt to the postal address provided in the Legal Notice, or by email sent to the contact email address provided in the Legal Notice.

  10. Dispute Resolution

    In the event of a disagreement or dispute concerning the formation, execution, and/or interpretation of the ToU, the User must first notify the Publisher by registered mail with acknowledgment of receipt to the postal address provided in the Legal Notice.

    If the dispute cannot be resolved in this way, the parties are encouraged to use a mediation service to seek an amicable resolution.

    If the above procedures fail, the provisions of Article 11.4 of the ToU and the rules of the French Code of Civil Procedure shall apply.

  11. General Provisions

    1. Amendments to the ToU

      These ToU take effect on November 1st, 2025. The Publisher reserves the right to modify these ToU, in whole or in part, at any time. The User is encouraged to review them regularly to stay informed of any changes. Continued use of the Application constitutes acceptance of the revised ToU. If the User does not agree with the changes, they must stop using the Application.

    2. Severability and Nullity

      If any part of the ToU is found to be illegal, invalid, or unenforceable under a law, regulation, or court ruling, such provision shall be deemed unwritten, without affecting the validity of the remaining provisions, which shall remain in effect.

    3. Tolerance

      The Publisher’s tolerance of any situation does not grant any rights to the User. The Publisher’s failure to exercise or enforce any right or provision shall not be interpreted as a waiver thereof.

    4. Applicable Law and Jurisdiction

      These ToU are governed by French law. If the User’s country of residence provides stronger consumer protection standards, those standards shall prevail over any conflicting provisions in the ToU.

      In the event of a dispute concerning the formation, execution, and/or interpretation of the ToU, and in the absence of an amicable resolution, jurisdiction is expressly granted to the competent courts of Bordeaux, France.