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Terms of Service

 

Last updated: December 06, 2023

Please read this Agreement carefully before clicking the "I Agree" button, ticking the "I Agree" checkbox, installing or using Savvy KID App.

Interpretation and Definitions

Interpretation

The words of which the initial letter is Capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

Agreement means these Terms of Service that form the entire agreement between You and the Developer regarding the use of the Product.

Product means the software provided by the Developer to You, namely Savvy KID App.

Developer (referred to as either "the Developer", "We", "Us" or "Our" in this Agreement) refers to Seneka Inc., the incorporated software developer located at 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, U.S.

You - the individual accessing or using the Product aged 13 (Thirteen) and above, or the representative on behalf of which such an individual is accessing or using the Product.

Device means any device that can access the Product such as a computer, a phone or a digital tablet.

Third-Party Services means any services or content (including data, information, applications and other products and services) provided by a third-party that may be displayed, included or made available by the Product. You as an end-user must comply with applicable third-party terms of agreement when using the Product.

Acknowledgment

By clicking the "I Agree" button, ticking the "I Agree" checkbox, installing or using the Product, You agree to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not tick the "I Agree" checkbox, do not install or do not use the Product.

This Agreement is a legal document between You and the Developer and it governs your use of the Product made available to You by the Developer. This Agreement is between You and the Developer only and not with Product Store. Therefore, the Developer is solely responsible for the Product and its content.

Since the Product can be accessed and used by other users, the use of the Product by those users is expressly subject to this Agreement.

The Product is licensed, not sold, to You by the Developer for use strictly in accordance with the terms of this Agreement.

About Representatives

You have the right to allow, restrict or prohibit the use of the Product by third parties only on the basis of a representation established by the Law (for example, parents and guardians) or by a transaction of rights (for example, a power of attorney), which give You the right to give consent to the processing of personal information of a third party and to bear rights and obligations under this Agreement in the interests of a third party. If You do not have the right to give such consent or if You have lost the right to give such permissions, then please refrain from data transferring or stop data transferring (and delete previously transferred data), and cease any use of the Product both by You and by the third party respectively, and in the event of relevant claims, You undertake to independently resolve the contradictions and release Us from such claims.

License

Scope of License

The Developer grants You a revocable, non-exclusive, non-transferable, limited license to install and use the Product strictly in accordance with the terms of this Agreement.

You may only use the Product on a Device that You own or control.

The license that is granted to You by the Developer is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

License Restrictions

You agree not to, and You will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Product or make the Product available to any third party.

  • Copy or use the Product for any purpose other than as permitted under the section 'License'.

  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Product.

  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Developer or its affiliates, partners, suppliers or the licensors of the Product.

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Auto-Renewing Subscriptions

Our app offers the following auto-renewing subscription options:

​Our app offers the auto-renewing subscription options.

​

Your subscription will automatically renew at the end of each billing cycle unless canceled at least 24 hours before the renewal date. The payment will be charged to your App Store account at confirmation of purchase.

You can manage or cancel your subscription at any time through App Store settings. If you cancel during the trial period, you will not be charged. If you cancel after the trial period, your subscription will remain active until the end of the current billing cycle.

For more details, please refer to Apple’s subscription management policies in the App Store settings on your device.

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Intellectual Property

The Product, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Developer.

The Developer shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Product. The Developer shall be solely responsible for the investigation, settlement and discharge of any claim that the Product or your use of it infringes any third-party intellectual property rights.

Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by You to the Developer with respect to the Product shall remain the sole and exclusive property of the Developer.

The Developer shall be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to You.

Modifications to the Product

The Developer reserves the right to modify, suspend or discontinue, temporarily or permanently, the Product or any service to which it connects, with or without notice and without liability to You.

Updates to the Product

The Developer may from time to time provide enhancements or improvements to the features/functionality of the Product, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Product. You agree that the Developer has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Product to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Product, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

To the extent that any maintenance or support is required by applicable law, the Developer shall be obligated to furnish any such maintenance or support.

Content

Content Restrictions

The Developer is not responsible for the entries, information or content of the Product's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.

  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

  • Spam, machine generated content or randomly generated content, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

  • Objects containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

  • Impersonating any person or entity including the Developer and its employees or representatives.

  • Violating the privacy of any third person.

  • Providing false information and misinformation.

  • Using technology that “crawls,” “scrapes,” or “spiders” any page, data or portion of it (through use of manual or automated means).

  • Using technology that copies or stores any significant portion of the Product.

  • Using technology that decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas, methods or information relating to the Product.

A violation of any of the foregoing is grounds for termination of your right to use or access the Product.

The Developer reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, refuse or remove any Content. The Developer further reserves the right to make formatting and edits and change the manner of any Content. The Developer can also limit or revoke the use of the Product if You post such objectionable Content.

As the Developer cannot control all content posted by users and/or third parties on the Product, You agree to use the Product at your own risk. You understand that by using the Product You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Developer be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

What We Can Do with Your Content

By submitting Your Content through the Product, You hereby grant Us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Content in connection with Our site(s), Our Product and Our businesses (and Our affiliates’, Our and their respective successors’ and assigns’ businesses), including without limitation for promoting and redistributing (and derivative works thereof), in any media formats and through any media channels (including, without limitation, third party websites, social medias, and feeds), and including after Your termination of Your Account or the Product.

You also hereby grant each user of Our site(s) and/or Our Product a non-exclusive, perpetual license to access Your Content through Our site(s) and/or Our Product, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such Content, including after Your termination of Your Account or the Product.

For clarity, the foregoing license to Us and Our users do not affect Your other ownership or license rights, including the right to grant additional licenses, unless otherwise agreed in writing. You represent and warrant that You have all rights to grant such licenses to Us and Our Users without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Content Sharing

Certain features of the Product allow You to share information with others, including through your social networks or other services where You have an account (“Third Party Accounts”). When Content is authorized for sharing, We will clearly identify the Content You are authorized to redistribute and the ways You may redistribute it, usually by providing a “share” button on or near the Content. If You share information from the Product with others through your Third Party Accounts, such as your social networks, You authorize Us to share that information with the applicable Third Party Account provider. Please review the policies of any Third-Party Account providers You share information with or through for additional information about how they may use your information. If You redistribute Content, You must be able to edit or delete any Content You redistribute, and You must edit or delete it promptly upon our request.

Finally, You understand and agree that We, in performing the required technical steps to provide the Product to Our users (including You), may need to make changes to Your Content to conform and adapt it to the technical requirements of connection networks, devices, services, media, and the foregoing licenses include the rights to do so.

Privacy

The Developer collects, stores, maintains, and shares information about You in accordance with Privacy Policy available at: https://seneka.life/privacy.html. By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of the mentioned Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Developer. The Developer may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Developer, in the event that You fail to comply with any provision of this Agreement.

Termination of this Agreement will not limit any of the Developer's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Assignment

You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, or your Product Account, in any way (by operation of the or otherwise) without Our prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations hereunder without consent.

Indemnification

You agree to indemnify and hold the Developer and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Product; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Product is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Developer, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Product, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Developer provides no warranty or undertaking, and makes no representation of any kind that the Product will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Developer nor any partner makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Product, or the information, content, and materials or products included thereon; (ii) that the Product will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Product; or (iv) that the Product, its servers, the content, or e-mails sent from or on behalf of the Developer are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Developer, not the Product Store, shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Developer and any of its partners under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Product or through the Product, up to a maximum of $10 (Ten) USD.

To the maximum extent permitted by applicable law, in no event shall the Developer or its partners be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for usage interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Product, third-party software and/or third-party hardware used with the Product, or otherwise in connection with any provision of this Agreement), even if the Developer or any partner has been advised of the possibility of such damages.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

You expressly understand and agree that the Product Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Product Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

Non-severability and Waivers

Non-Severability

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

Waivers

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Arbitration notice and class action waiver. You agree that disputes between You and Us will be resolved by binding, individual arbitration and You waive your right to participate in a class action lawsuit or class-wide arbitration.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Waiver of jury trial. You and We waive any constitutional and statutory rights to have a trial in front of a jury. You and We are instead choosing to have claims and disputes resolved by a judge.

YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL AND ELECT INSTEAD TO HAVE THE DISPUTE BE RESOLVED BY A JUDGE.

Product Claims

The Developer does not make any warranties concerning the Product. To the extent You have any claim arising from or relating to your use of the Product, the Developer, not the Product Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Product fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Changes to this Agreement

The Developer reserves the right, at its sole discretion, to modify or replace this Agreement at any time. We will notify You of any changes by posting the new edition of the Agreement on this page. We will update the "Last updated" date at the top of this Agreement.

You are advised to review this Agreement periodically for any changes. Changes to this Agreement are effective when they are posted on this page, unless otherwise provided by the new edition of the Agreement. Expired ineffective editions are available in the archive. If We consider the changes very important, We may also let You know via email and/or a prominent notice within Our Product, prior to the change becoming effective.

By continuing to access or use the Product after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Product.

Governing Law and Legal Force

The Law of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Product. Your use of the Product may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Developer regarding your use of the Product and supersedes all prior and contemporaneous written or oral agreements between You and the Developer.

You may be subject to additional terms and conditions that apply when You use or purchase other Developer's services, which the Developer will provide to You at the time of such use or purchase.

Contact Us

SENEKA INC.

  • By visiting this page on our website: seneka.life

  • By mail: 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, U.S.

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