Funtiq Terms of Service

Welcome to Funtiq! We're excited to partner with you and your family on a new adventure in learning.

This document, our Terms of Service ("Terms"), governs your access to and use of the Funtiq website, mobile applications, content, and all related services (collectively, the "Service"). The Service is owned and operated by Funtiq, Inc. ("Funtiq," "we," "us," or "our").

By creating an account, making a purchase, or using our Service, you agree to be bound by these Terms and our Privacy Policy. Please read them carefully.

1. Our Service

Funtiq provides a subscription-based educational service designed for children ages 2-6. Our Service uses interactive, game-based learning activities to help children develop foundational skills in a fun and engaging way. A key feature of our Service is the Intelligent Parent Dashboard, which provides parents and guardians with insights into their child's learning progress.

2. Account Registration and Eligibility

Parent or Guardian Responsibility: To use the Service, you must be at least 18 years old and the parent or legal guardian of any child you register for an account. You are responsible for all activity that occurs through your account.

Verifiable Parental Consent: We are committed to protecting children's privacy in compliance with applicable data protection laws, including the Children's Online Privacy Protection Act (COPPA) in the United States and the General Data Protection Regulation (GDPR) in Europe. Before any child under the age of 13 (or a higher age of consent in certain jurisdictions) can use our Service, we must obtain verifiable consent from their parent or legal guardian. You provide this consent during the account creation and subscription process.

Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. Please notify us immediately of any unauthorized use of your account.

3. Subscriptions, Payments, and Cancellation

Subscription Plans: Funtiq is a subscription-based service. We may offer different subscription plans, such as monthly and annual options. Your subscription will include access for a set number of child profiles (e.g., up to four profiles). The features and pricing for each plan will be disclosed at the time of purchase.

Billing and Automatic Renewal:

• Your subscription will automatically renew at the end of your chosen billing cycle (e.g., monthly or annually) unless you cancel it.
• By providing a payment method, you authorize us (or our third-party payment processor) to charge you the subscription fee on a recurring basis.
• Applicable taxes may be added to your subscription price depending on your location.

Cancellation Policy: We believe in making cancellation simple and transparent. You may cancel your subscription at any time through your account settings in the Parent Dashboard to avoid future charges. If you cancel, your subscription will remain active until the end of your current paid billing period. All payments are prepaid and non-refundable, and we do not provide refunds or credits for any partial subscription periods.

Free Trials: We may offer a free trial period for new subscribers. If you sign up for a free trial, your payment method will be charged for the subscription at the end of the trial period unless you cancel beforehand.

4. License to Use Our Service

Funtiq grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial, educational purposes only. This license is for use by you and your registered children only.

5. Intellectual Property

All content, features, and functionality of the Service—including but not limited to all software, text, graphics, logos, characters, and the "look and feel" of the app—are the exclusive property of Funtiq, Inc. and its licensors. These are protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service or its content.

6. Acceptable Use

You agree not to use the Service for any unlawful purpose or in any way that could harm, disable, or impair the Service. Specifically, you agree not to:

• Share your account credentials with anyone outside of your immediate family.
• Attempt to reverse-engineer, decompile, or discover the source code of our application.
• Use the Service for any commercial purpose.
• Interfere with the security or proper working of the Service.

We reserve the right to terminate or suspend your account for any violation of these terms without notice or refund.

7. Privacy

Your privacy is critically important to us. Our Privacy Policy details how we collect, use, and protect your and your child's information. Please review it carefully. Our Privacy Policy is incorporated by reference into these Terms.

8. Disclaimers and Limitation of Liability

Disclaimer of Warranties: The Service is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, secure, or error-free. While our Service is designed based on educational best practices, we do not warrant that it will produce specific learning outcomes for your child.

Limitation of Liability: To the fullest extent permitted by law, in no event will Funtiq, its affiliates, or their licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Service. Our total liability to you for any and all claims related to the Service is limited to the amount you paid us for the Service in the 12 months preceding the claim.

9. Changes to the Terms

We may modify these Terms from time to time. If we make material changes, we will provide you with notice, such as by sending an email or posting a notification within the Service. Your continued use of the Service after the changes become effective constitutes your acceptance of the new Terms.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

11. Contact Us

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

Funtiq, Inc.
Ontario, Canada
Email: [email protected]