Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “your”) and Dreamyard Labs LLC (“Dreamyard,” “we,” “us,” or “our”), governing your access to and use of our mobile applications, websites, and related services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use our Services.

1. Eligibility

You must be at least 13 years of age to use our Services. If you are between 13 and 18 years of age (or the age of legal majority in your jurisdiction), you may only use our Services with the consent of a parent or legal guardian. By using our Services, you represent and warrant that you meet these eligibility requirements.

2. Account Registration

Some features of our Services may require you to create an account. When you do, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activity that occurs under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

3. Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Services in any way that violates applicable local, state, national, or international law or regulation
• Attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems or networks
• Interfere with or disrupt the integrity or performance of the Services
• Transmit any viruses, malware, or other harmful code
• Use the Services to harass, abuse, or harm another person
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use automated means (bots, scrapers, etc.) to access or collect data from the Services without our prior written consent

4. Intellectual Property

All content, features, and functionality of the Services — including but not limited to text, graphics, logos, icons, images, audio, video, software, and the overall design and arrangement thereof — are owned by Dreamyard Labs LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to modify, distribute, sell, or create derivative works based on our Services.

5. User Content

Our Services may allow you to create, upload, store, or share content (“User Content”). You retain ownership of your User Content. By submitting User Content through our Services, you grant us a limited, worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely as necessary to provide and improve the Services.

You represent and warrant that you own or have the necessary rights to your User Content, and that your User Content does not infringe upon the rights of any third party.

6. Purchases and Subscriptions

6.1 In-App Purchases

Our Apps may offer in-app purchases or subscriptions through the Apple App Store. All purchases are subject to Apple’s terms and conditions. We do not directly process or store payment information.

6.2 Subscriptions

If you purchase a subscription, it will automatically renew at the end of each billing period unless you cancel it at least 24 hours before the end of the current period. You can manage and cancel your subscriptions through your Apple ID account settings.

6.3 Refunds

Refund requests for purchases made through the Apple App Store should be directed to Apple in accordance with their refund policies. We are unable to process refunds directly for App Store transactions.

7. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results obtained from the use of the Services will be accurate or reliable.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DREAMYARD LABS LLC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to access or use the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless Dreamyard Labs LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of a third party.

10. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the State of Delaware, and you consent to the personal jurisdiction and venue therein.

12. Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through good-faith informal negotiation. If the dispute is not resolved within thirty (30) days, either party may pursue resolution through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in the English language and the arbitral decision may be enforced in any court of competent jurisdiction.

13. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Dreamyard Labs LLC regarding the use of our Services, and supersede all prior and contemporaneous written or oral agreements between you and us.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Services or by other means. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

16. Contact Us

If you have any questions about these Terms of Service, please contact us: