Terms of Use

1. Agreement

These Terms of Use (the “Terms”) are a legal agreement between you and Federica Benacquista, an individual developer, Via del Lido 106, 04100 Latina (LT), Italy (“we”, “us”), the developer of Atomic Tab (the “App”), including any related features and updates.

By downloading, installing or using the App, you agree to these Terms. If you do not agree, do not use the App. Our Privacy Policy explains how information is handled and forms part of these Terms.

If you are a consumer, nothing in these Terms limits the rights you have under the mandatory consumer-protection law of the country where you live. This includes, for consumers in Italy, the Consumer Code (Legislative Decree 206/2005).

2. A study tool, not a reference

Atomic Tab helps you memorise the periodic table through quizzes, table matching and element cards. We work to keep its element data accurate, but:

• the App is for learning and practice. It is not professional, laboratory or safety advice, and must not be used for handling chemicals or for any safety-related decision;
• values such as atomic masses, electronegativity or oxidation states can differ slightly between sources and curricula. Always follow what your teacher, course or exam board requires;
• scores, statistics and the “often wrong” list reflect only your answers in the App. They do not predict exam results.

If you find a mistake in the element data, please tell us through Contact Us in the App so we can fix it.

3. Who may use the App

You may use the App if you are at least 14 years old, or the minimum age required in your country to agree to these Terms and consent to online services, if higher. If you are under that age, you may use the App only with the involvement and permission of a parent or guardian, who accepts these Terms on your behalf. You must also have a compatible Apple device and comply with Apple’s terms of service.

4. Your licence

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable licence to download and use the App on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The App is licensed, not sold.

Except as permitted by law, you may not:

• copy, modify, translate or create derivative works of the App;
• reverse engineer, decompile or disassemble the App, except to the extent permitted by mandatory law (including Article 64-quater of Italian Law 633/1941 and Directive 2009/24/EC);
• rent, lease, lend, sell, redistribute or sublicense the App;
• remove or alter any proprietary notices; or
• use the App to build a competing product, or in any unlawful way.

5. Your data, sync and backups

Your statistics, saved game setups, custom sets and mnemonics are stored on your device and, if you use iCloud, in your own private iCloud storage, synced by Apple. We do not receive them and cannot restore them. iCloud sync depends on Apple’s service and may be delayed or unavailable. If you delete the App, reset or lose your device, or delete the App’s iCloud data, your data may be permanently lost.

You are responsible for the content you create in the App, such as custom set names and mnemonics. Do not enter other people’s personal data, offensive content or material you do not have the right to use.

6. Atomic Tab Pro

The App is free to download and use. Atomic Tab Pro is an optional one-time in-app purchase, not a subscription: you pay once and there is no automatic renewal. It removes ads and unlocks additional features, which currently include unlimited custom sets, complete statistics, custom mnemonics and a Pro app icon. The features included are described in the App at the time of purchase.

• Payment and refunds are handled by Apple. Atomic Tab Pro is sold through the Apple App Store. Apple processes the transaction and manages payment, billing, receipts, cancellations and refunds under its own terms, including the Apple Media Services Terms and Conditions. We do not receive or store your payment details, and we have no means to cancel a purchase or to issue a refund. To request a refund or cancellation, contact Apple at reportaproblem.apple.com or through Apple Support; Apple decides on the request under its policies and the law that applies to you.
• Restoring. You can restore your purchase on devices signed in to the same Apple Account using “Restore Purchases” in the App.
• Right of withdrawal. If the law gives you a right to withdraw from the purchase, you exercise it with Apple, as the party that processes the transaction, under Apple’s terms. Nothing in these Terms limits that right or any other right that consumer law grants you and that cannot be waived. Our own responsibility for the App working as described remains as set out in section 13, and you can always write to us for help with the App itself.
• Changes to features. We will not remove a core paid feature you have bought without good reason. Examples of good reason are a change in law, a security issue or a third-party platform change. Where we have to, we will tell you, and your statutory rights apply.

7. Advertising and rewarded ads

The free version of the App displays ads from Google AdMob, as described in the Privacy Policy. Ads are personalised only if you agree in Google’s consent form, where it is shown, and allow tracking in Apple’s prompt. We are not responsible for the content of third-party ads or for products or services offered by advertisers. Any dealings with advertisers are solely between you and them. The App may also show links to other apps by the same developer.

Some features can be opened for free by choosing to watch a rewarded ad, for example access to detailed statistics or an extra custom-set slot. A reward is given only when an ad is available and completed. Rewards have no monetary value and cannot be exchanged or transferred.

8. Game Center and fair play

Leaderboards and achievements use Apple Game Center and are subject to Apple’s terms. Scores may be delayed, unavailable or corrected. You agree not to manipulate scores or leaderboards, for example with automation, modified software or by exploiting bugs. We may ask Apple to remove scores obtained this way.

9. Acceptable use

You agree not to misuse the App. For example, you will not attempt to interfere with its operation, bypass purchase, advertising or reward mechanisms, introduce malicious code, or use it in violation of any applicable law.

10. Intellectual property

The App, including its code, design, text, graphics, icons and the name and logo “Atomic Tab”, is owned by us or our licensors and is protected by intellectual-property laws. Facts about the chemical elements are not owned by anyone; our selection, presentation and wording of them are. All rights not expressly granted to you are reserved. If you send us feedback or suggestions, we may use them without obligation to you.

11. Updates and availability

We may release updates to fix problems, improve the App, comply with law or respond to changes in iOS and iPadOS. Some updates may be needed to keep using the App. We do not guarantee that the App, iCloud sync, Game Center features or ads will always be available, uninterrupted or compatible with every device or system version. We may stop offering or supporting the App. If we do, we will try to give reasonable notice, and your statutory rights for any paid content remain unaffected.

12. Third-party services

The App relies on services from Apple (App Store, iCloud, Game Center) and Google (AdMob, Firebase). Those services are governed by their own terms and policies, and we are not responsible for them except where the law requires.

13. Warranty and legal guarantee of conformity

If you are a consumer, you benefit from the legal guarantee of conformity for digital content under Articles 135-octies and following of the Italian Consumer Code (implementing Directive (EU) 2019/770), or the equivalent law of your country. Nothing in these Terms excludes or limits that guarantee.

Subject to that, and to the extent permitted by law, the App is provided “as is” and “as available”. We make no further promises, express or implied, that the App will be error-free, that its content will match every curriculum, or that the App will meet every one of your needs.

14. Liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for wilful misconduct or gross negligence (Article 1229 of the Italian Civil Code), for fraud, or for any other liability that cannot be excluded or limited under applicable law, including mandatory consumer-protection law.

Subject to the paragraph above and to the extent permitted by law:

• we are not liable for loss or damage arising from using the App as a source for laboratory, safety or professional decisions (see section 2);
• we are not liable for loss of statistics or content stored on your device or in your iCloud, where caused by device loss, deletion, reset, iCloud settings or your own actions;
• we are not liable for losses that were not reasonably foreseeable when you started using the App, or for business losses, since the App is for personal use only; and
• where you are not a consumer, our total liability arising out of these Terms or the App is limited to the amount you paid us for the App and Atomic Tab Pro in the 12 months before the claim.

15. Terms required by Apple

Because you obtain the App from Apple’s App Store, the following also applies:

1. Parties. These Terms are between you and us only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content.
2. Scope of licence. Your licence is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing where Apple’s rules allow.
3. Maintenance and support. We are solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
4. Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our responsibility, to the extent required by these Terms and the law.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession or use of it. These include (i) product-liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection, privacy or similar legislation.
6. Intellectual-property claims. If a third party claims that the App or your possession and use of it infringes that third party’s intellectual-property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
7. Legal compliance. You represent and warrant that (i) you are not located in a country subject to a US Government embargo, or designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.
8. Developer contact. Questions, complaints or claims about the App should be sent to: Federica Benacquista, Via del Lido 106, 04100 Latina (LT), Italy, support@copycut.it.
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the App, for example your wireless data service agreement.
10. Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.

These Terms supplement Apple’s standard Licensed Application End User License Agreement. Where they conflict, these Terms prevail to the extent permitted by Apple’s rules.

16. Termination

You may stop using the App at any time by deleting it. We may suspend or end your licence if you seriously or repeatedly breach these Terms. When the licence ends, you must stop using the App and delete it. Sections that by their nature should survive (including sections 2, 10, 13, 14, 18 and 19) continue to apply.

17. Changes to these Terms

We may update these Terms for valid reasons, such as changes to the App, to the law or to Apple’s requirements. We will change the “Last updated” date. For changes that materially affect you, we will tell you in the App or on this website in advance. If you do not agree to the changes, you can stop using the App and delete it. Continued use after changes take effect means you accept them.

18. Governing law and disputes

These Terms are governed by Italian law. If you are a consumer, you also keep the protection of the mandatory provisions of the law of the country where you habitually reside (Article 6 of Regulation (EC) 593/2008, “Rome I”).

If you are a consumer resident in Italy, the court of the place where you live or are domiciled has mandatory jurisdiction (Article 66-bis of the Italian Consumer Code). If you are a consumer resident elsewhere in the EU, you may bring proceedings in the courts of your country of residence. For non-consumers, the courts of Italy have exclusive jurisdiction.

Please contact us first. Most problems can be solved quickly by email. You may also use out-of-court consumer dispute-resolution bodies available in your country.

19. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the App.
• Severability. If any provision is found invalid or unenforceable, the rest remains in effect.
• No waiver. If we do not enforce a right immediately, we do not give it up.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours to another party who takes over the App, provided your rights are not reduced.
• Language. These Terms are provided in English and Italian. If the versions conflict, the version most favourable to you as a consumer prevails.

20. Contact

Federica Benacquista
Via del Lido 106
04100 Latina (LT), Italy
Email: support@copycut.it