Terms of Use for the Abaku Lab and Abaku Play applications

TL;DR

Do not cheat in games and do not accept help from anyone or anything else (computer, book, database, or another person).

Always be kind and polite to every other player.

Do not create multiple accounts.

Abaku Play is a paid application. The current amount is listed below in the Payments / Donations section.

Welcome to Abaku!

This page explains our terms of use. By using Abaku, you agree to all rules stated on this page. Some parts need to be expressed in specific legal language, but we have tried to provide a clear and simple explanation of what they mean.

By using this website (the "Site") and the services (together with the Site, the "Services") offered at abakulab.com and abakuplay.com (together with our subsidiaries, affiliates, representatives and directors, collectively "Abaku", "we", or "us"), you agree to these legally binding terms (the "Terms"). You also agree to our Privacy Policy and Cookies Policy and agree to comply with all other rules on the Site, including our Fair Play rules (listed below).

We may change these Terms from time to time. If we do, we will notify you of any important or material changes through a notice on the Site. New versions of the Terms will never apply retroactively - we will tell you the exact date when they take effect. If you continue using Abaku after a change, that means you accept the new Terms.

Introduction

We are the creators, developers and owners of the Abaku learning method, and this application is the electronic version of the Abaku game. Users of the Site can use our services and content to better understand the Abaku system and learn about Abaku as a whole. We want to actively support growth and enjoyment of Abaku in our community. We also want to hear what you think would help your development and enjoyment of Abaku, so you can always contact us with suggestions atinfo@abaku.org.

Creating an Account

If you are under 16, we recommend parental, teacher, or guardian supervision. You are responsible for your account and all activities performed on it.

You cannot browse or use our Services without registering an account. You do this by choosing a username and setting a password, or by having an account created for you. If you or the person registering you does not provide accurate information, you may lose access to your account.

If you register, the information provided must be accurate and complete. Do not impersonate anyone else and do not choose names that are offensive or violate someone else's rights. If you do not follow these rules, we reserve the right to terminate your account without warning.

When these Terms refer to "users" or "a user", we mean both registered and unregistered users, unless the feature, information, or data in question is unavailable to unregistered users.

User Rights

Registered users have the right to the protection of their property, privacy, and identity, unless they have given consent or do not object to disclosure of their identity. Most information on this subject is available in our Privacy Policy.

We believe users should have their public information, identity, and data protected as strictly as possible. We use the European Union's personal data protection laws as a baseline and in many areas go beyond what the law requires. We also decided to extend these rights to all users, not only those who fall under the jurisdiction of the European Union.

By agreeing to these Terms, registered users gain access to all features and may freely use them for their own personal, educational, charitable, or development purposes. The Abaku method and the Abaku game are proprietary and licensed products, and Abaku has the final say on what kind of use of the Services is appropriate.

Some users may want to play as a team for fun or as part of education. In that case, the account must be clearly marked so that other users are reasonably warned. Such accounts are not allowed to participate in Abaku League matches. This also applies to playing on accounts with bots developed by users, which must be clearly marked as "Bot", and those accounts are also not allowed to participate in Abaku League.

Users are responsible for the content they publish. Examples of content include information, data, text, photographs, recipes for chocolate cake, messages, and other materials. We are not responsible for content you publish.

Our Privacy Policy explains which data Abaku collects from a user's device and why it does so. Those data will always be processed only in line with our legal obligations and only to the extent necessary and proportionate. A user may ask what data Abaku has about them by submitting a data subject access request to Abaku administrators.

We may retain certain information in all circumstances if required by law or if necessary for our legitimate operational purposes. All provisions of this agreement remain in force even after the account is terminated.

Fair Play and Community Rules

Users agree to behave respectfully when using Abaku services. This will always be determined at Abaku's discretion. Users who do not behave respectfully may have their account blocked or terminated without warning, and their content may be removed from the Site. In all circumstances, we reserve the right to block or terminate an account for any reason without warning and without needing to prove a violation of the Fair Play and Community Rules.

Examples of what you should not do are listed below.

1. Cheating. We define this as using any external help to improve your knowledge or computing ability in order to gain an unfair advantage over an opponent. Examples include help from a computer engine or asking another player for help, although these are not the only things we would consider cheating.

2. Artificially increasing or decreasing your standing in the rankings. This applies when a user intentionally loses or agrees with an opponent to lose. As a result, the user's ranking is artificially increased or decreased.

3. Impersonation. Do not pretend to be someone you are not. You may use a pseudonym.

4. Attempts to break into other users' accounts, even if it is as simple as guessing a password, DDoS attacks, or volumetric attacks. This is illegal, so the relevant authorities may also be informed. You can support Abaku by reporting security issues to us.

5. Harassing behavior or offensive language. If you are unsure whether to say something, think about how an objective outsider might view it. Harassment is a criminal offense and will be reported to the appropriate authorities.

6. Sharing copyrighted materials. In some parts of the Site you may share your own content with the public. Publishing anything other than what you created yourself or what you have the right to use is illegal. Users are responsible for what they publish and share.

7. Misuse of our infrastructure. Do not take any action that places an unreasonable burden on our infrastructure or on our providers. We reserve the right to decide what is reasonable.

8. Sending spam. Sending unsolicited messages, such as unwanted mail, chain letters, or general spam, is frustrating for our users, so please do not do it.

These are only some examples of behavior we consider contrary to the spirit of fair play in our community. This list is not exhaustive and does not describe every activity against which we may or will take action. Administrators always have the final say, and penalties will be applied at their discretion.

ACCOUNT TERMINATION

You may terminate your account at any time by contacting Abaku administrators. This will result in the permanent deletion of your account and personal data. However, we may retain certain information if required by law or if necessary for our legitimate operational purposes. All provisions of this agreement remain in force even after the account is terminated.

Our Rights

To operate properly, we must have control over what happens on our websites. In short, we reserve the right to make decisions that protect the health and integrity of our systems. We will use these powers only when strictly necessary.

We may make changes to the Site and Abaku services without prior notice and without liability for any resulting losses, damages, or harm.

We have the final say on who may use our Site and Services. We may terminate accounts or refuse to allow users to use our Services.

We are not responsible for any losses, damages, or harm that may result from occasional outages.

We reserve the right to contact the relevant authorities if a User violates the law and to share the relevant data with them if damage occurs either to our Users or to the operation of our infrastructure.

We reserve the right to deny access to Users whom we suspect of cheating or of violating other Fair Play and Community Rules, without having to explain when, where, or how the User did so.

This list is not exhaustive, and we reserve the right to add, change, or remove items from it at any time.

Privacy

Our Privacy Policy explains how we handle information you provide when using our services. You acknowledge that by using the Services you agree to the collection and use of this information as set out in the Privacy Policy. Abaku currently follows European data protection rules and applies these rights to users of all nationalities, not only to European users.

Copyright

Abaku respects the intellectual property rights of others and expects users of the Services to do the same. Abaku reserves the right to remove content that allegedly infringes copyright, without prior notice, at its own discretion and without liability to you. We will respond to notices of claimed copyright infringement that comply with applicable law and are properly submitted to us, as described in our copyright policy.

If you believe your content has been copied in a way that constitutes copyright infringement, please notify us at info@abaku.org.

You retain your rights to any content you submit, post, or create through the Services, including games on Abaku. By submitting, posting, or displaying content in or through our Services, you grant us a worldwide, non-exclusive, royalty-free license, with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution channels. Such further use may be made without compensation being paid to you in respect of the content you make available through the Services. This does not affect your rights on other third-party sites such as Twitch or YouTube.

Payments / Donations

Users of the Abaku Play application acknowledge that using the application creates costs that Abaku must pay to third parties.

Costs arising from the use of the application are set at 1 CZK per game per player.

Users of the Abaku Play application agree to cover these costs monthly, unless otherwise agreed. The symbol of paid costs is the displayed four-leaf icon next to the player's name in the profile.

Abaku Play users may also make a donation to Abaku. A donation means a financial amount that exceeds the user's costs of playing.

Abaku receives all funds except where third-party transaction fees are charged.

A donation to Abaku is not an investment, a loan, or any other transfer of services.

Payments and donations made fraudulently, by bank error, or by duplicate transfer may be returned to the account or bank card if the user requests it within 14 days.

Things We Are Not Responsible For

The Services are provided as is and as available. We are not responsible for whether they actually work, although if they do, that is a bonus for all of us.

Abaku makes no warranties or representations and disclaims all liability for the completeness, availability, timeliness, accuracy, and security of the content and services.

We disclaim all liability for any damage or loss of any data in your computer system, for deletion or failure of storage or transmission of communications or content maintained by the Services, or for whether the Services meet your requirements or are available continuously, securely, and error-free. Abaku is not liable for any financial or other losses from third-party sources, including misrepresentations, negligence, or fraud.

No advice, information, or written correspondence, whether oral or written, obtained from Abaku entities or through the Abaku Services creates any warranty or representation not expressly stated here.

Jurisdiction and the Procedure to Follow If You Get Mad at Us

By using our services, you agree to the law and jurisdiction of the Czech Republic.

If you have any dispute with us relating to these Terms or to the use of our services, please try to contact us so we can resolve the dispute informally. If we are unable to do so, we agree that the dispute will be resolved through arbitration at a location of our choosing. You will need to notify us in writing, otherwise we will not be able to help you.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited to the minimum extent necessary for enforceability, and the remaining terms will remain in full force and effect.

These Terms are an agreement between you and Abaku.

Advertising

Abaku will never knowingly host advertisements on the abakuplay.com and abakulab.com domains. Abaku is not responsible for third-party ads, widgets, or applications hosted by service providers on their social networks.