These terms apply to the You Clever Kid app and its online service, provided by D3V Services Limited, a company in New Zealand ("we", "us"). By creating an account or using the app you agree to them. If you do not agree, please do not use the app.
1. Your licence
When you buy You Clever Kid you get a personal, non exclusive, non transferable licence to use it on Apple devices you own or control, as allowed by the App Store's usage rules and Family Sharing. Apple's standard Licensed Application End User License Agreement also applies. If these terms and Apple's agreement differ, these terms apply to the extent the law and Apple allow.
The app, its words, voices, buddies, art, music and software belong to us or our licensors. Apart from the licence above, no rights are given to you.
2. Grown ups are in charge
- You must be an adult, and the parent or guardian of each child you add (or have their permission), to create an account.
- You are responsible for your account, for keeping your password private, and for how your children use the app.
- Please give accurate details for each child so the levels and hints suit them.
- You Clever Kid is a practice tool to support reading at home. It is not a replacement for a teacher, and it does not assess or diagnose speech, hearing or learning needs. If you are worried about your child's speech or reading, talk to their teacher or a health professional.
3. Fair and safe use
Please do not:
- copy, change, resell or share the app or its content outside what your licence allows;
- try to break, overload, reverse engineer or get around the security of the app or our server;
- use automated tools to access the service, or use it to collect information about others;
- upload recordings that are not a child reading in the app, or use the service unlawfully.
We may suspend or close an account that breaks these rules, after telling you where reasonable.
4. Purchases
You Clever Kid is a one off purchase through the Apple App Store. Apple handles payment, receipts, Family Sharing and refunds under its own terms; to ask for a refund, use Apple's Report a Problem page. There are no subscriptions or in app purchases in the app today. If we ever add any, they will be clearly priced, bought through Apple, and kept behind the parent gate.
5. The online service
The app needs an internet connection because answers are checked on our server. We work to keep it running smoothly, but it may sometimes be unavailable for maintenance or for reasons outside our control. We may improve, change or retire features over time. Our privacy policy explains how we handle information.
6. No warranty
Speech recognition is clever but not perfect. Sometimes the buddy may mishear a right answer or accept a wrong one. To the extent the law allows, the app is provided "as is", without any promise that it will be error free or always available, or that it will meet every child's needs.
7. Limits on our liability
To the extent the law allows, we are not liable for any indirect or consequential loss, and our total liability to you for any claim about the app is limited to the price you paid for it. Nothing in these terms limits liability that cannot lawfully be limited, such as for death or personal injury caused by negligence, or fraud.
8. Your consumer rights
Nothing in these terms takes away rights you have under consumer law that cannot be excluded. That includes the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 in New Zealand, the Australian Consumer Law in Australia, and the consumer protection laws of your state in the United States. Where the law allows us to limit our responsibility for a guarantee, our responsibility is limited to supplying the service again or paying the cost of having it supplied again.
9. Closing your account
You can stop using the app at any time. You can delete a child in the grown ups area, or ask us to delete your whole account by emailing us. See the privacy policy for how.
10. Changes to these terms
We may update these terms from time to time, for example when we add features or the law changes. We will change the date at the top, and if a change is significant we will tell you in the app or by email before it takes effect. Continuing to use the app after that means you accept the new terms.
11. Governing law
These terms are governed by the laws of New Zealand, and the courts of New Zealand can hear any dispute. If you live in Australia or the United States, this does not take away the protection of the consumer laws where you live.
12. Contact
D3V Services Limited, New Zealand
support@youcleverkid.com