Terms of Service

Terms & Conditions

Effective Date: 27/01/2025

Welcome to Apples & Bananas (“Apples & Bananas”, the “App”), owned and developed by USP Digital Private Limited (“USP Digital Private Limited”, “we”, “us”, “our” or “Company”). The following Terms of Service, along with our Privacy Policy create a legal contract (the “agreement” ) between you (“you” or “your”), on one hand, and USP Digital Private Limited, with a main office in the state of Maharashtra (India), in the city of Mumbai. These Terms and Conditions (“Terms”) govern your use of our app and services. Please read them carefully before you start using Apples & Bananas. By accessing or using our app, you shall be subject to any posted guidelines or rules applicable to the same, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.If you agree to these terms, we warmly welcome you to continue enjoying our services.

For purposes of these Terms, users of the Services include Child Users, who are children who use the child-directed learning portion of the Services, including any specific functionalities of our products and/or services, and Adult Users, who are individuals over the age of 18, including parents and guardians of Child Users, teachers and school administrators. We refer to all users collectively as you, your, or users.

If you are under age 18, you may use the Services only with the consent of your parent or legal guardian, or of a teacher or school administrator that is authorized to consent on your parent or legal guardian’s behalf (Adult). Please be sure an Adult has reviewed and discussed these Terms with you. If you are a parent, guardian, teacher, or school administrator of a user under the age of 18, you hereby acknowledge and agree that you have the authority to provide this consent on behalf of such user, that you provide consent for such user to use the Services, and that you will be responsible for ensuring that any child authorized by you to use and access the Services does so in accordance with these Terms.

Introduction

1.1. Purpose: Apples & Bananas aims to provide interactive educational content tailored for children aged 0-4. The app includes games, activities, and lessons designed to enhance learning, creativity, and engagement.

1.2. Eligibility:

The app is intended for use by children under the supervision of a parent or legal guardian.
Parents or guardians must create accounts for children and ensure they use the app responsibly.

1.3. Additional Guidelines:

By creating an account, you agree to comply with these Terms and any applicable laws governing your use of the app.
Supplemental terms or policies may apply to specific features of the app, such as subscription services or contests.

App Permissions

When you use the App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions

Privacy and Data Collection

3.1. Children’s Privacy:

We take children’s privacy seriously and follow all applicable laws, including the Children’s Online Privacy Protection Act (COPPA) and GDPR-K.
We do not collect personal information from children without verifiable parental consent.

3.2. Parent and Guardian Information:

Parents may be required to provide limited information such as an email address or payment details for account setup. This information will only be used for account management and communication purposes.

3.3. Data Collection Practices:

We collect non-identifiable information (e.g., app usage statistics) to improve app functionality and ensure a better user experience.
For detailed information about how we collect, use, and protect your data, refer to our Privacy Policy:www.applesandbananas.co/privacy-policy

3.4. Third-Party Services:

The app may integrate third-party tools for analytics, payment processing, or other functionalities. These third-party services are governed by their own terms and privacy policies.

User Responsibilities

4.1. Parental Supervision:

Parents or guardians are responsible for monitoring their child’s use of the app, including screen time and appropriate interaction with its features.
Any misuse of the app by the child is the responsibility of the parent or guardian.

4.2. Account Management:

You are responsible for maintaining the confidentiality of login credentials.
If you suspect unauthorized use of your account, notify us immediately.

4.3. Content Usage:

All educational content provided is solely for personal, non-commercial use.
Users are prohibited from sharing, reselling, or reproducing content outside the scope of the app.

4.4. Device Compatibility:

It is your responsibility to ensure that your device meets the app’s technical requirements.

Payment and Subscription

5.1. Subscription Plans:

The app offers various subscription plans, including monthly and annual options. The terms for each plan are displayed during the subscription process.
Payment is processed via third-party platforms like Google Play or the Apple App Store, and their terms may also apply.

5.2. Free Trial:

If offered, free trials are limited to one per account or family.
At the end of the trial period, your subscription will automatically renew unless canceled.

5.3. Renewals and Cancellations:

Subscriptions renew automatically unless canceled at least 24 hours before the renewal date.
Refunds for cancellations are subject to the policies of the app store through which the subscription was purchased.

5.4. Promotions:

We may offer promotions, discounts, or special features from time to time. These offers are subject to separate terms and may not be combined with other offers.

Promotional Codes, Gift Cards, & Gifted Subscriptions

We may offer, directly or through a third party, gift cards, promotional codes, or gift subscriptions that are redeemable for certain paid products or Services. These gift cards, promotional codes, or gift subscriptions may be subject to Additional Terms, which will be presented to you when you purchase the promotional item.

Intellectual Property

7.1. Ownership of Content:

The Services, along with their specific features and functionalities (including all past, present, and future versions), are exclusively owned and managed by us. All content associated with the Services is safeguarded under the intellectual property laws and rights of the United States, European Union, and international jurisdictions, including copyright, trademark, trade dress, and patent protections. “Content” encompasses all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code available through or displayed on the Services. This includes the design, structure, selection, coordination, expression, and arrangement of such materials. Specifically, it covers (i) materials and items related to our products and services, such as activities, games, lesson plans, teacher trainings, printables, characters, photographs, audio clips, sounds, pictures, videos, and animations; (ii) trademarks, logos, trade names, service marks, and trade identities (collectively referred to as “Trademarks”); and (iii) other forms of intellectual property.

7.2. License to Use:

Limited License. Upon your strict adherence to these Terms and payment of any applicable subscription or fees, we grant you a limited, non-exclusive, revocable, non-assignable, and non-transferable license (“License”). This License permits you to access, display, view, use, play, and/or print a single copy of the Content (unless specified otherwise for certain printable activities that may allow multiple prints) on a personal computer, mobile phone, or other Internet-enabled device (“Internet Device”) solely for personal, non-commercial purposes. For example, teachers may use the Content and functionalities of our products and services to educate their students, while other users may only use the Content for personal purposes.
This License does not transfer ownership or any intellectual property rights to you regarding the Content, Services, or any functionalities of our products and services. You may not use the Content or Services in any other manner without our explicit written consent. All rights not explicitly granted in these Terms are reserved by us, our licensors, or third parties. Unless expressly permitted under these Terms or through our prior written approval, no part of the Services or Content may be copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, modified, transmitted, broadcast, sold, licensed, or exploited for any purpose. Any unauthorized use of the Content or Services is strictly prohibited.

7.3. User-Generated Content:

If the app allows users to create or upload content (e.g., drawings or voice recordings), you grant us a non-exclusive, royalty-free license to use this content for app-related purposes.

Right of withdrawal

If you reside in the EEA, the United Kingdom, or Switzerland, you acknowledge that the Company grants immediate access to certain Services upon account creation or payment of a subscription fee (as outlined in Clause 4 above). As a result, you agree that you waive your right to withdraw from these Terms or request a refund within fourteen (14) days (or any other period stipulated by local laws) following account creation or payment.

Prohibited Activities

You agree not to engage in activities that:

Violate any applicable laws or regulations.
Involve hacking, reverse-engineering, or tampering with the app’s functionality.
Include the dissemination of harmful, offensive, or inappropriate content.
Exploit the app’s features for commercial gain without prior written consent.

Violation of these rules may result in account suspension or termination.

Disclaimer of Warranties

Your use of the App and Website is entirely at your own risk. Both the App and Website, along with their associated content, are provided “as is” and “as available,” without any warranties of any kind from the Company or its affiliates. To the fullest extent permitted by applicable law, the Company and its affiliates explicitly disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not guarantee that the App or Website will meet your expectations or that your access will be uninterrupted, timely, secure, or error-free. Neither the Company nor its affiliates make any warranties or representations regarding the use or results of using the App or Website in terms of performance, accuracy, reliability, security, or correctness.
While the Company makes reasonable efforts to ensure the accuracy of the information provided through the App and Website, it cannot guarantee its correctness and is not liable for any errors, omissions, or inaccuracies.
Since some jurisdictions do not allow the exclusion of certain warranties, parts of this disclaimer may not fully apply to you. In such cases, where applicable law prohibits specific disclaimers, the Company and its affiliates will be entitled to the broadest disclaimer permissible under the law in those particular circumstances.

Limitation of Liability

The following limitations are applied to the fullest extent permitted by law. Nothing in this section or elsewhere in the Terms affects the statutory rights of consumers or excludes or limits liability resulting from gross negligence, willful misconduct, death, or personal injury caused by the negligence or fraud of USP Digital Private Limited.
Under no circumstances will USP Digital Private Limited, its officers, directors, employees, agents, affiliates, or third-party licensors or suppliers be liable for any incidental, special, exemplary, indirect, or consequential damages. This includes, but is not limited to, damages resulting from unauthorized access to your property, loss of use, data, digital products, opportunities, or any other damages arising from your use of or inability to use the Services, regardless of the cause or legal theory (contract, tort, including negligence, or otherwise), even if we were advised of the possibility of such damages.
USP Digital Private Limited and its affiliates will not be liable for any damages, losses, liabilities, or claims that:
(i) are not caused by a breach of the Terms by USP Digital Private Limited;
(ii) arise from false or inaccurate information provided by you;
(iii) result from illegal or unauthorized access to or use of your device or the Services by a third party;
(iv) are caused by your breach of the Terms; or
(v) relate to technical failures or the unavailability of the Services.

In any case, USP Digital Private Limited’s total liability for all damages will not exceed the amount you paid to us in the 12 months prior to the date of the claim.

Modifications

By creating an account, you agree to the Terms as presented on our website. USP Digital Private Limited reserves the right to modify, add to, or remove portions of the Terms at any time at its discretion. We encourage you to review the Terms and any related Guidelines periodically for updates made after your account creation. Your continued use of the Services following the posting of changes signifies your acceptance of the revised Terms.
For significant changes, USP Digital Private Limited will make reasonable efforts to notify you, such as by sending an email to the address associated with your account or posting a notice on the Services. These updated Terms will take effect either (i) when you become aware of the changes or (ii) 30 days after USP Digital Private Limited has made a reasonable effort to inform you, whichever comes first. However, changes related to new features or legal compliance will be effective immediately. If you disagree with the updated Terms, you must stop using the Services. Any disputes will be handled based on the version of the Terms in effect at the time the dispute arose.

Dispute Resolution and Arbitration

By using the Apples & Bananas (“the App”), you agree to resolve any disputes, claims, or controversies arising from or relating to your use of the App exclusively through binding arbitration. This arbitration agreement applies to all users, including parents, guardians, and children who access the App.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.

If a Dispute arises, you are required to send a notice to the Company. This notice must be a written document that includes your name, address, and contact details, along with a description of the facts related to the Dispute and the relief you are seeking.

Please send your notice of Dispute to Apples & Bananas, Attention: Legal/Arbitration Notice. We will send any notice of Dispute to you using the contact information we have on file for you.

Any disputes arising from these Terms of Use or your use of the Apples & Bananas app, website, and associated content that cannot be resolved through mutual agreement within fifteen (15) days after a written notice is provided for settlement, shall be referred to arbitration. The arbitration will be conducted by a sole arbitrator, jointly appointed by the parties, in accordance with the Indian Arbitration and Conciliation Act of 1996.

The arbitration proceedings will take place in Mumbai, India, and will be governed by the laws of India. The language of the arbitration will be English. The costs and expenses of the arbitration shall be determined by the arbitrator in the final award.

If any provision of these terms is found to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable from these terms, and its invalidity will not affect the enforceability of the remaining provisions.

Certain provisions of these terms, which by their nature should survive termination, will remain in effect even after termination. No waiver of any provision of these terms by the Company shall be considered a further or continuing waiver of that provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

You may not transfer or assign these Terms of Service or any rights or licenses granted hereunder, but the Company may assign these terms without restriction. The Company’s performance of its obligations under these Terms will be suspended for the duration of an Event of Force Majeure, meaning circumstances beyond the Company’s reasonable control, such as natural disasters, acts of war, civil unrest, fire, accidents, government actions, judicial orders, or disruptions in technical facilities that prevent the Company from operating the Apples & Bananas App.

Both parties agree that any dispute resolution will occur only on an individual basis and not as part of a class, consolidated, or representative action. If a dispute proceeds in court rather than arbitration, both parties waive their right to a jury trial. Additionally, either party may bring a lawsuit in court to seek an injunction or address the misuse or infringement of intellectual property rights.

Contact Us

If you have any questions or concerns about these Terms, please contact us at: Email: contact@applesandbananas.co

By using APPLES & BANANAS, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.