Pestorosso Games

General Terms and Conditions of Use and Services for Schools

Welcome to Math Ascension, we're delighted to see you using our game! Before using it, please read carefully the following General Terms and Conditions of Use and Services.

1. General

The following General Terms and Conditions of Use and Services (hereinafter also referred to as "GTCS") are intended to define the conditions of use of Math Ascension (hereinafter also referred to as "Game") and the services provided by Pestorosso Games Sàrl.

By acquiring or using Math Ascension, whether paid or on a free basis, the Client (hereinafter also referred to as "Licensee") accepts these GTCS.

Pestorosso Games Sàrl (hereinafter referred to as "Provider") is the entity providing subscriptions to Math Ascension.

Any person using a Math Ascension subscription is designated as a "User".

Only the French version of these GTCS shall prevail.

2. Service Description

The Provider grants the Client a non-exclusive license allowing the use of the Math Ascension game. This is for a duration of one year or for the duration of the contract, if specified.

When the Client acquires a Math Ascension license, the Provider undertakes to allow the affiliation of the number of devices and/or the creation of the number of user accounts provided for by the license. Each account is individual and allows access to Math Ascension for the duration of the license only.

Access to the game is provided in the form of one or more activation keys for the Client, allowing the creation of the number of user accounts and/or the affiliation of the number of devices provided for by the license.

3. Obligations of Pestorosso Games Sàrl

Throughout the term of the license, Pestorosso Games Sàrl undertakes to maintain the operation of the Math Ascension game and, to the extent possible, when they are reported, to promptly resolve any bugs that may persist despite the care taken in the development of the game.

Math Ascension has been developed to work on a maximum number of devices through the use of common web browsers (Google Chrome, Mozilla Firefox, Safari). Pestorosso Games Sàrl cannot, however, be held responsible in the event that one or more devices become incompatible for any reason.

By acquiring a license, the Client acquires access to the game as is. They cannot demand correction or addition of content. Any request for the addition of narrative, visual, and/or gameplay elements must be the subject of a new contract. The Provider will be free to add these new elements to all licenses purchased by other clients. Pestorosso Games Sàrl will retain exclusive ownership of all intellectual property rights in the Game as well as in all developments made to measure or specific configurations requested by the Client.

The acquisition of a license does not include any IT support from the Provider. However, if necessary, the Client may request such a service, which will be charged separately.

As the Game depends on a third-party internet provider, Pestorosso Games Sàrl cannot be held responsible for any temporary inability to access the game.

However, Pestorosso Games Sàrl undertakes to schedule its maintenance operations, which may affect the online availability of the game, outside of office hours (8 am - 6 pm), and to make every effort, with its infrastructure partners, to ensure the highest possible accessibility to the Game during the subscription period.

In the exceptional case where maintenance operations must take place during office hours, Pestorosso Games Sàrl will inform the client, within a reasonable period (minimum 5 days), and, as far as possible, of the nature and duration of the intervention, so that the client can make appropriate arrangements.

The Provider cannot be held responsible for partial or total destruction of information transmitted or stored as a result of errors attributable directly or indirectly to the Client or Users (e.g., accidental account deletion).

The Provider declines all responsibility for direct or indirect damages suffered by the Client or third parties resulting from the use of the Game.

4. Client Obligations

By subscribing to a Math Ascension license, the client undertakes to:

• Prevent unauthorized access by third parties by taking appropriate precautions (secure password, etc.) and ensuring that their activation key(s) are not transmitted to anyone other than the users intended by the Client and the Provider.
• Supervise the use of Math Ascension by minor Users. As with any software product, the use of Math Ascension by minors requires adult supervision. By offering this game to minor Users, the client is responsible for their activities. Pestorosso Games Sàrl cannot be held liable for any problems related to improper use of the game.
• Use the School Key only on devices owned by the Client. Any use on Users' personal devices is prohibited. Only Student Keys, allocated to each student, are intended for this purpose.
• Keep their devices and software up to date to ensure optimal operation of Math Ascension. Pestorosso Games Sàrl cannot be held responsible for problems due to the use of an older version of the Game compared to the most current version, failure to install a Game update, or inadequate hardware, configuration, or internet connection.
• Report, to the extent possible, any problems and bugs affecting User experience.
• Not reproduce or modify the Game.
• Not create generic User accesses that could be used by multiple individuals and ensure that their Users do not share their login information with third parties.

In the event of non-compliance with the aforementioned cases, the Provider reserves the right to restrict or block, temporarily or permanently, access to the game.

5. Invoicing and Renewal

For Paid Licenses Only

The license is invoiced to the Client by Pestorosso Games Sàrl, in Swiss francs, and payable within 30 days from the date of the invoice.

The license fee depends on the number of Users and the duration of the license.

In case of non-payment or partial payment of the amounts due, late interest of 5% per year will be charged on the unpaid balance, starting from the due date. In such a case, the Provider reserves the right to restrict or block, temporarily or permanently, access to the Game until the total amount has been paid.

All Licenses

Once the initial duration has elapsed, the license is automatically renewed on a yearly basis, unless terminated in writing with at least 1 month's notice before the expiration date.

Pestorosso Games Sàrl aims to continue improving Math Ascension through various updates and by providing additional tools. These additions may have an impact on the prices of new licenses or license renewals. However, they will be offered free of charge to current clients until the next expiration of their license.
In the event of a price increase, the Client will be notified immediately of the change in pricing, and the renewal of the license will not be applied without the Client's explicit approval.

6. References

The Provider reserves the right to mention the Client's name as a reference, particularly on its website.

If the Client does not wish to be mentioned, they must inform the Provider in writing.

7. Legal Venue and Applicable Law

Swiss law applies to the relationship between the Provider and the Client.

Any dispute related to a Math Ascension license and/or these GTCS shall be subject to the exclusive jurisdiction of the courts of Geneva, subject to recourse to the Federal Tribunal in Lausanne.

8. Changes to the Terms of Use

We may update these terms of use from time to time. Therefore, it is advisable to regularly check this page to be informed of any modifications. We will inform you of any changes by publishing the new terms of use on this page.

These conditions take effect on 16.12.2024.

Only the French version of these terms of use shall prevail.