Terms of Use

Overview

These Terms of Use (“Terms”) govern your use of the Simply GPA app for iPhone and iPad (the “App”) and the Simply GPA website at www.simply-gpa.com (the “Website”, together the “Services”), provided by Nanotech Computers (Pty) Ltd (“Nanotech Computers”, “we”, “us”). By using the Services you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the Services. We may update these Terms from time to time; your continued use after changes means you accept the updated Terms.

This page is the same agreement as the End User Licence Agreement supplied with the App on the App Store, and the current version is always the one here.

Who may use the Services

You may browse the Website freely. To use the App you need a compatible Apple device that meets the requirements shown on the App Store. The Services carry a 4+ age rating and are intended for a general audience; if you are under the age at which you can consent to data processing where you live, you may use them only with the involvement and consent of a parent or guardian and where permitted by law.

Licence to use the App

The App is licensed, not sold, to you. Subject to these Terms and the Apple Media Services and App Store terms, we grant you a personal, non-exclusive, non-transferable, revocable licence to download and use the App on Apple-branded devices that you own or control, for your own personal, non-commercial use. You may not copy, modify, reverse-engineer, distribute, or create derivative works from the Services except as permitted by law.

Acceptable use

You agree to use the Services lawfully and not to:

• break any applicable law or regulation;
• copy, modify, reverse-engineer, or attempt to extract the source code of the App, except where that restriction is prohibited by law;
• interfere with or disrupt the Services, or attempt to gain unauthorised access to them; or
• infringe anyone’s intellectual-property or privacy rights.

We may suspend or terminate your access if you breach these Terms.

The Pro unlock, payment and Family Sharing

The calculator in Simply GPA is free. You can enter unlimited courses, use every built-in grading scale, weight by credit hours and see both the weighted and the unweighted figure without paying anything, for as long as you use the App.

Simply GPA Pro is an optional one-time purchase that unlocks unlimited saved terms with the cumulative record, the planner, the required-final solver, multi-term trend charts, export, and optional iCloud sync. The calculator and every grading scale, including one you build yourself, are free.

• One-time purchase. Simply GPA Pro is a non-consumable in-app purchase of US$6.99 once on the US storefront, with Apple’s local equivalent elsewhere. You pay once. There is no subscription, no free trial, no renewal and no recurring charge of any kind, and nothing is ever billed to you automatically.
• Payment. Payment is charged to your Apple Account at confirmation of purchase. The price shown in the App is the price set for your storefront by the App Store.
• Restoring. Your purchase is tied to your Apple Account. Use Restore purchases, in Settings or on the upgrade screen, to restore it on a new device or after reinstalling the App.
• Family Sharing. Simply GPA Pro is enabled for Family Sharing, so the members of your Apple family group can use it under Apple’s rules for that feature.
• Refunds. Purchases are processed by Apple, and refunds are handled by Apple under the App Store Terms of Service. Go to reportaproblem.apple.com to request one. We generally cannot grant refunds directly.

Your data and device

The courses, grades and terms you enter are yours. As explained in our Privacy Policy, they are stored on your device. If you switch on iCloud sync, which is part of Pro and is off unless you turn it on, a copy is also kept in your own private iCloud database under your Apple Account: we cannot read it, and it is governed by Apple’s iCloud terms as well as these. Simply GPA offers no backup service of its own, so keeping your device and your iCloud account in good order is how you keep your record. We are not responsible for data lost because a device is lost, damaged or reset, or because an iCloud account is closed or runs out of space.

Intellectual property

The Services, including their software, design, logos, and content, are owned by Nanotech Computers or its licensors and are protected by South African and international intellectual-property laws. These Terms do not transfer any of those rights to you.

Third-party services

The App relies on services from Apple (the App Store, StoreKit) and uses RevenueCat to manage purchase entitlements. Your use of those services is also subject to their own terms and privacy policies. We are not responsible for third-party services, and their availability may affect purchases and restores.

Disclaimers

The Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Services will be uninterrupted or error-free, or that a calculated grade point average will match the figure your institution records. Nothing in these Terms excludes any rights you have as a consumer that cannot be excluded under applicable law.

Limitation of liability

To the maximum extent permitted by law, Nanotech Computers and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, arising from your use of or inability to use the Services, including any academic, financial or admissions decision made in reliance on a figure the App produced. Nothing in these Terms excludes liability that cannot be excluded by law (for example, for death or personal injury caused by negligence, or for fraud).

Indemnification

You agree to indemnify and hold harmless Nanotech Computers and its officers, employees, and agents from any claims, losses, and reasonable costs arising out of your misuse of the Services or your breach of these Terms.

Termination

You may stop using the Services and delete the App at any time. We may suspend or end your access if you materially breach these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability and governing law) will continue to apply.

Governing law and disputes

These Terms are governed by the laws of South Africa. We will try to resolve any dispute informally first: please contact us. If a dispute is not resolved within 30 days, it will be referred to arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA), held in South Africa in English, except that either party may bring a claim in a competent South African court where permitted by law, and without affecting any mandatory consumer-protection rights you have in your country of residence.

Apple App Store: additional terms

The following terms apply to your use of the App obtained from the Apple App Store and prevail over any conflicting terms above to the extent of the conflict:

• These Terms are between you and Nanotech Computers only, not Apple. Apple is not responsible for the App or its content.
• Your licence to use the App is a non-transferable licence to use it on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service.
• Apple has no obligation to provide maintenance or support for the App; we are solely responsible for support.
• If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the App, and any other warranty claims are our responsibility.
• We, not Apple, are responsible for addressing any claims relating to the App, including product-liability, legal or regulatory non-compliance, and consumer-protection claims.
• We, not Apple, are responsible for investigating and resolving any third-party claim that the App or your use of it infringes that party’s intellectual-property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist-supporting”, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Contact

Nanotech Computers (Pty) Ltd (registration 2017/122030/07), South Africa. Questions about these Terms? Contact us at [email protected].

Language

This document is written in English. Any translation is provided for convenience only. If there is any dispute about its meaning, or any inaccuracy or ambiguity in a translation, the English version prevails.