These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply Kinppy. Please read these terms and conditions, carefully before ordering any Products from the third party App stores (e.g. the Apple App Store, the Android Play Store, Amazon, etc.). The terms “Kinppy,” “us” or “we” refers to the company “Dawid Wnukowski”. The term “Device” refers to the device which is used to access the Products including but not limited to smartphones and tablets. The term “you” refers to the user of the Products. When you order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. By using the Products, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
BASIS OF LICENSE
(a) These Terms and the Order set out the whole agreement between you and us for the supply of the Products. In order to participate in certain Products, you may be required to agree to additional terms and conditions; those additional terms are hereby incorporated into these Terms. Where such terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you use or commit yourself to purchase the Products.
(c) AS PART OF YOUR USE OF THE PRODUCTS, YOU AFFIRMATIVELY CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE POLAND, INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE POLAND FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING INDIVIDUAL USE OF THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES AND THE POLAND MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXISTS IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND THE POLAND. WE WILL TAKE MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.
CHANGES TO TERMS
We reserve the right to change or update these Terms, or any other of our policies or practices, at any time, and will notify users by posting such changed or updated Terms on this page. Any changes or updates will be effective immediately. Your continued use of the Products constitutes your agreement to abide by the Terms as changed. Under certain circumstances, we may also elect to notify you of changes or updates to our Terms by additional means, such as pop-up or push notifications within the Products or email.
MEMBERSHIPS AND SUBSCRIPTIONS
BECOMING A MEMBER
- You may sign up as a registered user of the Products free of charge (a “Member”). To become a Member you need to provide your name, email and create a password in the Product. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.
- By placing an Order through the Products, you warrant that you are legally capable of entering into binding contracts and your use of the Products does not violate any applicable law or regulation.
ONCE A MEMBER
You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information.
USE OF KINPPY BY MINORS
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as a registered user of the Products. Individuals under the age of 18, or the applicable age of majority, may utilize the Products only with the involvement and consent of a parent or legal guardian, under such person’s account and otherwise subject to these Terms.
As a Kinppy Member, you will receive access to features and functions of the Products that are not available to non-members. By agreeing to become a Member you opt-in to receiving an occasional special offer, marketing, survey and Product based communication emails. You can easily unsubscribe from Kinppy commercial emails by following the opt-out instruction in these emails.
(a) Kinppy account holders may access the Products in two ways:
- “Basic” – Free: a free program, which gives access to part of the Kinppy application”
- Paid Subscription: a subscription fee-based program, which gives access to all content including and beyond the “Basic”. You will only have access to the Subscription Program while the creator of the current family has active subscription. You may have access to a free trial period of the Subscription Program in accordance with certain promotional offers. All subscription services provide access through the Products. You can become a subscriber to the Subscription Program by purchasing a subscription to the Products within the Apps, where allowed by the App marketplace partners, or through a bundle with one or more of our bundle subscription partners. Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds. If you purchase through one or more of our bundle subscription partners, the purchase may be further subject to the Terms and Conditions of such partners, and payment and management of the bundle subscription may be administered by them.
(b) Our “Monthly” subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that we are authorized to charge the same credit card as was used for the initial subscription fee or other payment methods (the “Payment Method”) in the amount of the current monthly subscription fee as of the time of renewal. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
(c) Kinppy offers certain special discount pricing options (the “Special Discount Pricing Options”). The Special Discount Pricing Options will permit users to access to the same content included in the Paid Subscription; such Special Discount Pricing Options shall only be available to qualified users (the “Qualified Users”). We reserve the right to determine if you are a Qualifying User in our sole discretion.
(d) You agree to promptly notify Kinppy of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
(e) Our obligation to provide the Products only comes into being when we take receipt of your Order. Please quote the Order number in all subsequent correspondence with us. You agree not to hold us responsible for banking charges incurred due to payments on your account. If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.
CHANGING FEES AND CHARGES
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion.
CANCELLATION OF SERVICES
CANCELLATION BY YOU
- You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period.
- Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify. If you purchase a subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.
CANCELLATION BY US
We may suspend or terminate your use of the Products as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the Products.
PROHIBITED USE OF THE PRODUCTS
- You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Products or the Products themselves. You agree not to interfere with the servers or networks underlying or connected to the Products or to violate any of the procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
- You agree not to impersonate any other person while using the Products, conduct yourself in an offensive manner while using the Products, or use the Products for any illegal, immoral or harmful purpose.
- By breaching the provisions of this section, you may commit a criminal offense under applicable laws. We may report any such breach to the relevant law enforcement authorities and we may cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
AVAILABILITY OF PRODUCTS
- Although we aim to offer you the best service possible, we make no promise that the Products will meet your requirements and we cannot guarantee that the Products will be fault-free. If a fault occurs in the Products, please report it to us and we will review your complaint. If the need arises, we may suspend access to the Products while we address the fault. We will not be liable to you if the Products are unavailable for a commercially reasonable period of time.
- Your access to the Products may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Products. We will restore the Products as soon as we reasonably can.
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
A person who is not a party to these Terms will not have any rights under or in connection with these Terms.
These Terms are effective and were last updated on August 30, 2019.