Terms and Conditions

2. Definitions

For the purposes of these Terms:

• "Account" means a unique account created for you to access our Service
• "Child" means an individual under the age of 13 (or under 16 in certain jurisdictions)
• "Content" means text, images, audio, or other materials available through the Service
• "Device" means any device that can access the Service
• "Feedback" means feedback, innovations, or suggestions sent by you regarding the Service
• "Parent" includes legal guardians and authorized caregivers
• "Personal Data" means data about a living individual who can be identified from that data
• "Service" means the Kids Can Spell application and all related services
• "Subscription" means a paid service subscription (if applicable)
• "User Content" means any content created or submitted by users

3. Eligibility and Age Requirements

3.1 Age Requirements

The Service is designed for children learning to spell, typically ages 4-12. Different rules apply based on age:

• Children under 13: Must have parental consent and supervision
• Teenagers 13-17: May use with parental awareness
• Adults 18+: May use independently or supervise children

3.2 Parental Consent

For children under 13, a parent or legal guardian must:

• Review and accept these Terms on the child's behalf
• Supervise the child's use of the Service
• Ensure the child follows the Acceptable Use Policy
• Take responsibility for the child's activities within the Service

3.3 Geographic Restrictions

The Service is available worldwide but is designed to comply with laws in the United States, European Union, and Australia. Users in other jurisdictions use the Service at their own risk and must comply with local laws.

4. Account Registration and Security

4.1 Account Creation

To use certain features of the Service, you may need to create an account. When creating an account:

• Choose an appropriate nickname (no real names required for children)
• Select an avatar from our provided options
• Set difficulty preferences appropriate for the child's level
• Parents may need to provide an email for account recovery

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your child doesn't share account access

4.3 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

5. License to Use Service

5.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the Application on permitted devices
• Access and use the Service for personal, non-commercial educational purposes
• Use the Service for your child's spelling education

5.2 License Restrictions

You may NOT:

• Modify, adapt, or hack the Service
• Reverse engineer or decompile the Application
• Remove any copyright or proprietary notices
• Use the Service for commercial purposes
• Redistribute or resell the Service
• Use automated systems to access the Service
• Create derivative works based on the Service
• Transfer your license to another person

5.3 Updates and Modifications

We may update the Application periodically. You agree that we may automatically download and install updates to ensure optimal performance and security.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. Users must:

• Use the Service for educational purposes
• Respect other users and maintain appropriate conduct
• Choose appropriate and respectful nicknames
• Follow instructions and use features as intended
• Report any bugs or issues to our support team
• Comply with all applicable laws and regulations

6.1 Educational Use

The Service is designed as an educational tool to supplement, not replace, formal education. Parents and educators should:

• Monitor children's progress and usage
• Ensure balanced screen time
• Supplement app use with other learning activities
• Provide guidance and encouragement

7. Prohibited Uses

You may not use the Service to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Harass, abuse, or harm others
• Impersonate any person or entity
• Introduce viruses or malicious code
• Attempt to gain unauthorized access
• Interfere with the Service's operation
• Collect information about other users
• Use the Service for commercial advertising
• Engage in any activity that could damage our reputation
• Circumvent any security features
• Use automated systems or bots
• Scrape or harvest data from the Service
• Create multiple accounts for improper purposes

Violation of this section may result in immediate termination of your account and access to the Service.

8. User Content and Conduct

8.1 User Content

Our Service allows users to create limited content (nicknames, avatars, game progress). You retain rights to your content but grant us a license to use it for providing the Service.

8.2 Content Standards

All user content must:

• Be appropriate for children
• Not contain offensive or inappropriate language
• Not violate any third-party rights
• Comply with our community standards

8.3 Voice Input

When using voice features:

• Voice is processed in real-time only
• No voice recordings are stored
• Voice data is immediately discarded after processing
• We do not create voice prints or biometric profiles

8.4 Feedback

Any feedback you provide about the Service may be used by us without any obligation to compensate you, and you waive any rights to such feedback.

9. Intellectual Property Rights

9.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Insight Trail Pty Ltd and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. This includes:

• The Kids Can Spell name and logo
• All game content, words, and educational materials
• Software code and algorithms
• Visual designs and animations
• Audio content and sound effects
• Documentation and instructional materials

9.2 Trademarks

"Kids Can Spell" and the Kids Can Spell logo are trademarks of Insight Trail Pty Ltd. You may not use our trademarks without our prior written permission.

9.3 Copyright Infringement

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us with:

• Description of the copyrighted work
• Location of the infringing material
• Your contact information
• Statement of good faith belief
• Statement of accuracy under penalty of perjury

10. Privacy and Data Protection

Your use of our Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy, which explains how we collect, use, and protect information.

10.1 Key Privacy Points

• We never record or store voice data
• We collect minimal personal information (nicknames, avatars, progress) and app interaction data to improve usability
• We don't collect personal information from children
• The mobile app collects interaction data and visual session recordings to improve usability (see our Privacy Policy for details)
• Parents have full control over their child's data

10.2 Consent to Data Processing

By using the Service, you consent to the processing of information as set forth in our Privacy Policy.

11. Payment Terms and Subscriptions

11.1 Service Tiers

Kids Can Spell offers the following tiers:

• Family Explorer (Free): 25 daily Spelling Energy, voice & keyboard input, ad-free, up to 2 profiles
• Family Plus: Unlimited Spelling Energy, up to 4 profiles, progress tracking & analytics
• Family Max: Unlimited Spelling Energy, up to 6 profiles, custom spelling lists

Pricing varies by region. See in-app for current prices.

11.2 Subscription Terms

If you choose to subscribe:

• Payment will be charged at confirmation of purchase
• Subscriptions automatically renew unless cancelled
• You can cancel anytime through your account settings
• No refund for partial subscription periods

11.2a Energy Packs

In addition to subscriptions, you may purchase Spelling Energy packs:

• Energy packs are one-time consumable purchases
• Purchased energy does not expire
• Energy packs are non-refundable once credited to your account

11.3 Price Changes

We reserve the right to modify subscription prices. We will provide reasonable advance notice of any price changes.

11.4 Payment Processing

We use third-party payment processors to handle transactions securely:

• Stripe: Processes web-based credit card payments and subscriptions
• RevenueCat: Manages mobile in-app purchases and subscriptions
• Apple App Store / Google Play: Processes platform-native payments

We do not directly handle or store payment card information. Your payment information is processed by these third-party payment processors in accordance with their privacy policies and terms of service. You agree to provide current, complete, and accurate billing information.

12. Refunds and Cancellations

12.1 Subscription Cancellation

You may cancel your subscription at any time. Upon cancellation:

• You retain access until the end of the current billing period
• Auto-renewal will be disabled
• No partial refunds for unused time

12.2 Refund Policy

Refunds may be available in the following circumstances:

• Technical issues preventing Service use
• Accidental duplicate purchases
• Within statutory cooling-off periods where applicable

12.3 Refund Requests

To request a refund, contact [email protected] with your purchase details and reason for the request.

13. Disclaimers and Warranties

13.1 "As Is" Service

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION

13.2 Educational Disclaimer

The Service is an educational tool designed to supplement, not replace, formal education. We do not guarantee:

• Specific educational outcomes
• Improvement in spelling abilities
• Suitability for any particular child
• Accuracy of all educational content

13.3 Technical Disclaimer

We do not warrant that:

• The Service will meet your requirements
• The Service will be uninterrupted or error-free
• Voice recognition will be 100% accurate
• All bugs or defects will be corrected

13.4 Third-Party Services

We are not responsible for any third-party services, websites, or content that may be accessed through the Service.

14. Limitation of Liability

14.1 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INSIGHT TRAIL PTY LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• LOSS OF PROFITS, DATA, USE, OR GOODWILL
• SERVICE INTERRUPTION OR COMPUTER DAMAGE
• DAMAGES RESULTING FROM USE OR INABILITY TO USE THE SERVICE
• ANY DAMAGES EXCEEDING THE AMOUNT PAID BY YOU IN THE PAST 12 MONTHS

14.2 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

14.3 Essential Purpose

These limitations shall apply even if any remedy fails of its essential purpose.

15. Indemnification

You agree to defend, indemnify, and hold harmless Insight Trail Pty Ltd and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use or misuse of the Service
• Your violation of any third-party rights
• Your violation of any applicable laws
• Any content you submit to the Service
• Your negligent or intentional misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

16. Termination and Suspension

16.1 Termination by You

You may terminate your use of the Service at any time by:

• Deleting your account through the app settings
• Uninstalling the Application from all devices
• Ceasing all use of the Service

16.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Violation of applicable laws
• Conduct harmful to other users or the Service
• Extended period of inactivity
• Request by law enforcement

16.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your account and associated data
• You remain liable for any outstanding payments
• Provisions that should survive termination will remain in effect

17. Dispute Resolution

17.1 Informal Resolution

We prefer to resolve disputes informally. Before filing any legal action, you agree to try to resolve the dispute by contacting us at [email protected]. We'll try to resolve the dispute informally by contacting you via email.

17.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).

17.3 Class Action Waiver

YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR REPRESENTATIVE ACTION.

17.4 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or equitable relief in courts for intellectual property infringement or breach of confidentiality.

18. Governing Law and Jurisdiction

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

18.2 Jurisdiction

Subject to the arbitration provisions above, you consent to the exclusive jurisdiction of the courts of New South Wales, Australia for any legal proceedings.

18.3 International Use

We make no representations that the Service is appropriate or available for use in all locations. Users accessing the Service from other jurisdictions do so at their own risk and are responsible for compliance with local laws.

19. Changes to Terms

19.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top
• Notify you of material changes via the app or email
• Provide reasonable notice before changes take effect

19.2 Acceptance of Changes

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you disagree with the changes, you must discontinue use of the Service.

19.3 Review Responsibility

You are responsible for reviewing these Terms periodically for changes. Your continued use of the Service following the posting of changes constitutes acceptance.

20. General Provisions

20.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Insight Trail Pty Ltd regarding the use of the Service, superseding any prior agreements.

20.2 Severability

If any provision of these Terms is held to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.

20.3 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert a right shall not constitute a waiver of such right.

20.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights to any of our affiliates or successors.

20.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

20.6 Relationship of Parties

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Insight Trail Pty Ltd.

20.7 Headings

Section headings are for convenience only and have no legal or contractual effect.

20.8 Survival

Provisions relating to intellectual property, indemnification, disclaimers, limitation of liability, and any other provisions that by their nature should survive termination shall survive any termination of these Terms.

21. App Store Terms

21.1 Apple App Store

If you downloaded the Application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

21.2 Google Play Store

If you downloaded the Application from the Google Play Store, your use is also subject to the Google Play Terms of Service available at: https://play.google.com/about/play-terms/

21.3 Conflict of Terms

In the event of any conflict between these Terms and the terms of the applicable app store, the app store terms shall prevail to the extent of the conflict.

22. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

We aim to respond to all inquiries within 5 business days.