Well-Beings: Wellness For Kids End User Licence Agreement
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY.
BY USING THE APP YOU AGREE TO THE TERMS SET OUT IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT USE THE APP.
1.WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 We, Kuato Games (UK) Limited of Metropolitan Wharf, 70 Wapping Wall, London, E1W 3SS own, or have a licence in respect of the rights in, the Well-Beings: Wellness for kids mobile application software (App) and any updates or supplements to it. This agreement (Agreement) sets out the terms and conditions on which we grant you a licence to access and use the App.
1.2 Carefully read all terms of this Agreement (including all links), as they constitute a written agreement between you and us and they aﬀect your legal rights and obligations.
1.3 Each time you access and/or use the App (other than to simply read these terms), you agree to be bound by and comply with these terms.
1.4 This Agreement will also govern the content, materials and any services accessible from the App and any updates of the App that replace and/or supplement the original App, unless such update is accompanied by a separate licence, in which case the terms of that licence will govern.
1.5 In addition to the terms of this Agreement, we may ask you to accept additional terms that apply to specific features, promotions, products or services. To the extent such additional terms conflict with the terms of this Agreement, such additional terms will take precedence in respect of your use of such features, promotions, products or services.
1.6 All rights not expressly granted to you in these terms are reserved by us and our applicable licensors.
2. YOUR PRIVACY
2.2 By using the App or any of the Services, you agree to us collecting and using technical information about your use of the App and the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
3. APPLE STORE TERMS AND APPLE LIABILITY
3.1 The ways in which you can use the App are also controlled by the Apple App Store’s rules and policies (which can be found here: https://www.apple.com/legal/internet-services/itunes/uk/terms.html (App Store Terms) and the App Store Terms shall apply in addition to the terms of this Agreement, save that the App Store Terms will apply instead of the terms of this Agreement where there are differences between the two.
3.2 You acknowledge that Apple is not a party to this Agreement and is not bound by any provisions or obligations in this Agreement with regard to the App, such as liability and any maintenance and support of the App.
3.3 To the maximum extent permitted by applicable law, Apple will have no warranty obligations whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure of the App to conform to any warranty.
4. AGE RESTRICTIONS AND PARENT/GUARDIAN AGREEMENT
4.1 You must be over the age of majority in your jurisdiction of residence to accept the terms of this Agreement and to download the App.
4.2 If you are under the age of majority in your jurisdiction of residence, you may use the App only with involvement of a parent or guardian who agrees to the terms of this Agreement and to be responsible for your use of the App. If you are the parent or legal guardian of a user under the age of majority in their jurisdiction of residence, you agree to be bound by the terms of this Agreement, the applicable App Store Terms and any additional terms and are fully responsible for any acts or omissions of such user.
5. MINIMUM DEVICE REQUIREMENTS
5.1 Well-Beings: Wellness for Kids app requires an iPhone 5 or newer, an iPad 4th Gen or newer, an iPad Mini 2 or newer and any iPad Pro*, and 110MB of free space to install.
5.2 You will need iOS 10.0 or newer. *iPod Touch devices, iPhones released before September 2012, the iPad Mini 2 and any iPads released before November 2012 are NOT supported.
6. LICENCE AND USE OF THE APP
6.1 In return for you agreeing to comply with the terms of this Agreement, you are granted a non-exclusive, non-sublicensable, non-transferable licence to install and use the App on any Apple mobile devices that you own or control for personal purposes only, subject to the restrictions and acceptable use requirements in these terms, the “Usage Rules” set forth in the Apple Media Services Terms and Conditions and the provisions of all applicable App Store Terms (Usage Rules).
6.2 You may share the App in accordance with the family sharing rules set out in the App Store Terms.
6.3 The App has not been developed to meet your individual requirements. Please check that the features of the App (as described on the Apple App Store and any associated documentation) meet your requirements.
6.4 If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with the terms of this Agreement, whether or not you own the phone or other device.
6.5 We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
7. USAGE RESTRICTIONS
7.1 You agree that you will:
7.1.1 except in the course of permitted sharing under paragraph 6.2 above, not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
7.1.2 not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of reasonable back-up in accordance with the terms of this Agreement, the App Store Terms and any other terms and conditions that apply to the device or software used. You are responsible for ensuring that no unauthorised third parties gain access to these copies at any time;
7.1.3 not translate, merge, adapt, vary, alter or modify the whole or any part of the App nor permit the App or any part of the App to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in this Agreement;
7.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except where such actions cannot be prohibited by applicable laws;
7.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App; in particular you may not export or re-export the App or any of its technology to any country that is subject to a U.S. Government embargo or to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List;
7.1.6 not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms or any App Store Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App;
7.1.7 not infringe our intellectual property rights or those of any third party in relation to your use of the App;
7.1.8 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
7.1.9 not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
7.1.1o not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from our servers; and
7.1.11 except as provided in the Usage Rules, not distribute or make the App available over a network where it could be used by multiple devices at the same time.
7.2 If you sell your Apple device to a third party, you must remove the App from the device before doing so.
8. APP SUPPORT AND CONTACT DETAILS
8.1 If you want to learn more about the App or have any problems using it, please contact us for more information at: firstname.lastname@example.org.
8.2 If you think the App is faulty or wish to contact us for any other reason please email our customer service team at Support@kuatostudios.com.
8.3 If we have to contact you we will do so by email, using the contact details you have provided to us.
8.4 In the event that you are entitled to a refund in accordance with the terms of this Agreement, any App Store terms or any applicable laws, you may notify Apple and Apple will refund the applicable amount to you.
9.1 To the maximum extent permitted by applicable law:
9.2 the App is provided “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, either expressed, implied, or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights;
9.3 we do not warrant against interference with your enjoyment of the App, that the functions or features of the App will meet your requirements, that the operation or your use of the App will be uninterrupted or error-free, or that defects in the App will be corrected; and
9.4 no oral or written information or advice given by us or our authorised representatives shall create a warranty.Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer and, in such circumstances, the above exclusions and limitations may not apply to you.
9.5 We make no warranty as to the educational value of the App, any of its content or any stories created during use of the App.
9.6 The App is provided for entertainment purposes only. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or any associated documentation. Although we make reasonable efforts to update the information provided by the App and any associate documentation, we make no representations, warranties or guarantees, whether expressed or implied, that such information is accurate, complete or up to date.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All intellectual property rights in the App and any associated documentation throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App and any associated documentation other than the right to use them in accordance with the terms of this Agreement and any Apple Store Terms.
10.2 You agree that we shall own the intellectual property rights in any content created by you when using the App and any ideas that you may share with us (via whatever medium) for improvements or other changes to the App and you hereby assign all present and future rights (insofar as is possible) in such intellectual property and waive all moral rights (or other rights to be identified) in such intellectual property. You agree to undertake all reasonable actions (including signing applicable documentation) in order to give effect to this paragraph 11.2.
10.3 We shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the App. To the extent we are required to provide indemnification by applicable law, we, not Apple, shall be solely responsible for the investigation, defence, settlement and discharge of any claim that the App or your use of it infringes any third party intellectual property rights.
11. OUR LIABILITY
11.1 To the fullest extent permissible under applicable law, in no event shall we be liable to you for any personal injury, loss of profits, loss of data, business interruption, or any other commercial damages or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for, arising out of or related to your use of or inability to use the App, whether in contract, tort (including negligence or breach of statutory duty), or otherwise and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow us to limit our liability for certain types of loss and damage and in such circumstances, such limitations may not apply to you. For clarity, nothing in this Agreement shall be deemed to limit or exclude our liability to the extent that our liability cannot be limited or excluded by applicable laws.
11.2 Our total liability to you in contract, tort (including negligence or breach of statutory duty) or otherwise, arising out of our in connection with this Agreement and your use of the App shall (other than as may be required by applicable law) not exceed the amount of fifty pounds (£50).
11.3 The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 If our provision of support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
11.5 We, not Apple, are responsible for addressing any issues you may have with the App. If you have any issues with the App you should contact us using the details set out in paragraph 8 of these terms.
12.1 This Agreement is effective until terminated by you or us. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms.
12.2 If we end your rights to use the App:
12.2.1 you must stop all activities authorised by these terms, including your use of the App;
12.2.2 you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this; and
12.2.3 we may remotely access your devices and remove the App from them and cease providing you with access to the App.
13. TRANSFER OF THE AGREEMENT
13.1 We may transfer our rights and obligations under this Agreement to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.
13.2 You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
14. THIRD PARTIES AND THIRD PARTY WEBSITES
14.1 Subject to paragraph 15.2 below, this Agreement is between us and you and does not give rise to any rights of third parties to enforce any of the terms of this Agreement (including any rights under any applicable law (insofar as such rights can be excluded)).
14.2 Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement against you as a third party beneficiary thereof.
14.3 When using the App you have to ensure that you comply with applicable third party terms and conditions. We are not responsible for third parties or their content, advertisement(s) or services.
14.4 Wireless carrier charges may apply to use of the App via wireless networks or devices geo-location details for which you will be responsible.
14.5 The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
14.6 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them or to make any donation. If you are in the US, the donation to Reading Is Fundamental (RIF), our charity partner is voluntary and you choose to go to the RIF website to consider making the donation. The voluntary donation is between you (the user) and RIF (the charity) and this app and Kuato Games has no affiliation with the donation whatsoever.
15. CHANGES TO THIS AGREEMENT
15.1 We may need to change the terms of this Agreement to reflect changes in law, any Apple Store Terms, best practice or to deal with additional features which we introduce.
15.2 We will notify you of a change when you next start the App.
15.3 If you do not accept the notified changes you will not be permitted to continue to use the App.
16. UPDATE TO THE APP AND CHANGES TO THE SERVICE
16.1 From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
16.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
17.1 Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any paragraph (or part thereof) is unlawful, the remaining paragraphs, and, if applicable, parts of the relevant paragraph, will remain in full force and effect.
18. DELAY IN ENFORCING
18.1 Even if we delay in enforcing any of the terms of this Agreement, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under this Agreement, or if we delay in taking steps against you in respect of your breaking this Agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
19. GOVERNING LAWS AND JURISDICTION
19.1 This Agreement is governed by the laws of England and Wales and the English courts shall have jurisdiction to settle any dispute arising out of, or in connection with, this Agreement or your use of the App.
20. EMBARGO AND TERRORISM
20.1 You represent and warrant that you are not:
20.2 located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or
20.3 listed on any U.S. Government list of prohibited or restricted parties.