- The Services are compliant with the applicable regulatory requirements to serve their intended use
- You use the Services at your sole risk.
- You understand and agree that the Services enable TheBiggerThings to provide User with recommendation of educational and developmental activity to engage User’s children in, to curate video content available for public use on the internet and present such content in the form of daily video playlists. The Services are intended to help User to get motivated and inspired to play with User’s child on a daily basis.
- These Terms and any separate agreements (“Separate Agreements”) whereby we provide you the Services, Sites, shall be governed by and construed in accordance with the laws of Estonia, without regard to choice or conflicts of law principles. You and TheBiggerThings agree to the jurisdiction of the courts of Estonia to resolve any dispute, claim, or controversy that arises in connection with these Terms or any Separate Agreements (including any non-contractual disputes and claims arising out of or in connection with them).
2. ACCEPTANCE OF THE TERMS
- By registering with the Services, you acknowledge that you have read, understood and agree to be bound by these Terms. You agree that these terms were made available to you on the Sites. If you should at any time not agree to these Terms you shall promptly terminate your use of the Services.
- By registering with the Services application, you acknowledge that you have read and understood the Instructions for Use, which are available to read and download here. You also agree to comply with the described instructions, age recommendations, indications, contraindications and precautions prior to using the Services.
- By visiting the Sites you acknowledge that you have read, understood and agree to be bound by these Terms. You agree that these terms were made available to you on the website. If you should at any time not agree to these Terms you shall promptly terminate your use of the Sites.
- As a User you represent and warrant that you are at least of the age of majority (i.e. legal adulthood) in the jurisdiction where you are located or of such other age (if applicable) that you are fully able, competent and authorized to enter into and be bound by these Terms, or, alternatively, that you have the approval of a parent or legal guardian to be bound by these Terms, and that such approval is sufficient to be bound by these Terms in the jurisdiction where you are located.
- If you are not able, competent and authorized to be bound by these Terms you may not use the Services.
- You may not use the Services or the Sites for any commercial purposes without the express written consent of TheBiggerThings.
4. MODIFICATION OF THE TERMS
- TheBiggerThings reserves the right to modify these Terms at any time, and, to the extent permitted by law, such modifications shall be effective immediately upon posting of the modified Terms on the Sites. Accordingly, you agree to review these Terms periodically and your continued access or use of the Services, Sites shall be deemed your acceptance of the modified Terms. If you do not agree to the changes after such notification you must not continue to use the Services, the Sites. If you do continue to use the Services, the Sites you will be bound by the modified Terms.
- We may offer new Services and/or features through the Sites. These shall also be subject to these Terms of Service.
5. THE SERVICES
- Interpretation of Information
1. All information about a User (“Personal Identifiable Information”) is entered by the User. The Services may use the Personal Identifiable Information to provide information back to the User regarding frequency of activities, i.e. how often User performs activity using InspiredKid mobile application. All such information provided back to the User is provided for informational purposes. You agree that TheBiggerThings will incur no legal liabilities towards you or anyone else by reason of your use of the services.
2. User Account
1. Your User account from which you access the Services (the “User Account”) is personal and cannot be shared. You must keep your User Account password secret. Information stored in your User Account is confidential.
7. INTELLECTUAL PROPERTY RIGHTS
- The Sites and the Services are owned and operated by TheBiggerThings.
- TheBiggerThings do not have ownership of curated video content provided to User in the form of a daily playlist. The video content is sourced from open sources on the internet.
- TheBiggerThings owns InspiredKid website and mobile application design, graphics (except curated video content sourced from open sources). You may not copy, redistribute or publish any part of the Sites or the Services unless theBiggerThings has given you express written consent.
8. SUBSCRIPTION FEE AND SUBSCRIPTION PERIOD
- Payments for the use of the Services (“Subscription Fees”) are made periodically in advance. Each payment covers a subscription period (“Subscription Period”) during which the User may access the Services. A Subscription Period can be one month or one year as offered by the Services.
- At the end of each Subscription Period, your subscription will be automatically renewed with one month or one year each time (depending on if your current Subscription Period is of one month or one year respectively). To avoid your subscription period being automatically renewed you may terminate your subscription at your User Account before the last day of your current Subscription Period. The termination will take effect from the last day of your current Subscription Period.
- TheBiggerThings reserves the right to change the price for a Subscription Period at any time. Price changes for a Subscription Period will take effect at the start of the next Subscription Period following the date of the price change and will be communicated to Users affected by the change before such date. By continuing to use the Services after the price change takes effect you accept the new price.
- You may cancel your subscription of the Services at any time, and you will continue to have access to the Services throughout your prepaid Subscription Period. We do not provide refunds, right to return a purchased subscription or credits for any partially used subscription or unused User Account or by reason of your dissatisfaction with the Services. As the subscription gives You access to the Services (which is a digital service that is not provided on a physical medium) instantaneously after the purchase, TheBiggerThings does not offer a right of return (such as refunding the subscription fee). To cancel Your Subscription, go to the profile settings when logged in on your User Account and follow the instructions for cancellation.
9. CHANGES TO THE SITES OR SERVICES
- TheBiggerThings reserves the right to make improvements or changes to the the Sites and the Services without notice TheBiggerThings also reserves the right to temporarily take down or permanently terminate the Sites and the Services at any time without notice and without being liable to you or any third party. TheBiggerThings will however make reasonable effort to notify the Users before terminating any of the Sites or Services.
- To the maximum extent permitted by applicable law, TheBiggerThings and its affiliates, partners, directors, officers, contractors, licensors, agents, interns, suppliers, service providers and employees (“TheBiggerThings and its associates” hereinafter) (a) disclaim all warranties, either express or implied including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement (b) shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, transmitted, or otherwise made available via the Service, even if advised of their possibility. The Service delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- In no event shall TheBiggerThings and its associates be liable an amount that exceed the total amount of your payments to TheBiggerThings over the past twelve (12) months, calculated from the event giving rise to the liability.
- The Services and Sites are provided to the User as a service. The User and TheBiggerThings may terminate the subscription at any time, with or without cause. You understand and agree that the cancellation of your User Account is your sole right and remedy with respect to any dispute with TheBiggerThings. If you or TheBiggerThings terminate your membership, or if TheBiggerThings suspends your access to the Services, you agree that TheBiggerThings shall have no liability or responsibility towards you and no obligation to refund any amounts you already paid for toward your subscription of the Services. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- A termination of your subscription of the Services will be effective from the day after the last day of your current Subscription Period, unless your subscription is terminated by TheBiggerThings by reason of your breach of any provision in these Terms, in which case the termination will be effective immediately.
- We reserve our right to cancel an order if you breach or violate any of the Terms related to the Sites or Services.
If any provision of these Terms should be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form a part of these Terms.The enforceability of the remainder of these Terms shall not be affected, provided that the remaining provisions of these Terms shall be reasonably adjusted to redress any imbalance caused by such unenforceability.
2. Entire agreement
1. The failure of TheBiggerThings to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
2. The failure of TheBiggerThings to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
3. These Terms contains the entire agreement between the User and TheBiggerThings OU and supersedes any previous written or oral agreement between the parties in relation to the subject matters dealt within these Terms.
We welcome your feedback regarding our Sites and Services. If you have any questions or suggestions regarding our Terms,please contact us at email@example.com.
Updated: 30 May 2018