# Terms of Use for Learn Animals **Last updated: August 31, 2026** These Terms of Use ("Terms") are a legal agreement between you (or, if you are a minor and using this App as intended, your parent or legal guardian on your behalf) and Sasa Kolda / BabyNewt ("we," "us," or "our") governing your use of the "Learn Animals" mobile application (the "App"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App. If you are a parent or guardian permitting a child to use the App, **you agree to these Terms on the child's behalf and are responsible for all activity that occurs under your device's account**, including any in-app purchases. ## 1. License Grant Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the App on devices you own or control, solely for your personal, non-commercial use. This license does not include any right to: (a) resell, sublicense, rent, or lease the App; (b) copy, modify, reverse engineer, or create derivative works of the App except as permitted by applicable law; (c) remove or obscure any proprietary notices; or (d) use the App in any way that violates applicable law. ## 2. Intellectual Property The App, including all software, text, graphics, audio, illustrations, and other content (excluding third-party content licensed to us), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership rights to you. ## 3. In-App Purchases; Pricing and Availability 3.1 **Purchases.** The App may offer a one-time, non-consumable in-app purchase (e.g., to unlock additional themes) processed through the Apple App Store or Google Play Billing. All purchases are subject to the payment terms, refund policies, and purchasing conditions of the applicable app store — not ours — and, except where required by applicable law or the applicable app store's policies, **all purchases are final and non-refundable**. 3.2 **Right to change pricing, offerings, and features.** We may, at any time and without prior notice or liability to you, change the price of any current or future in-app purchase, change what content or features are included in a purchase, offer discounts or promotions to some users and not others, or discontinue any purchase option entirely. A change in price or offering after you have already completed a purchase does not entitle you to a refund, credit, or price adjustment, except where required by applicable law. 3.3 **No guarantee of permanence.** We do not guarantee that any specific feature, theme, or piece of content will remain available in the App indefinitely, whether or not you have made a purchase related to it. See Section 5 (Changes; Availability of the App). ## 4. Parental Gate and Children's Use The App includes a "parental gate" (a simple challenge) intended to prevent a young child from completing a purchase, leaving the App, or accessing certain features without adult involvement. This mechanism is a best-effort safeguard, not a guarantee, and we are not responsible for purchases or actions completed by a child who circumvents it, including with a parent's or guardian's device, passcode, or payment method. Parents and guardians are responsible for supervising their children's use of the App and for any purchases made through their app-store account, including via stored payment methods and purchase authentication (e.g., Face ID, Touch ID, or a stored password) on their device. ## 5. Changes; Availability of the App We may, at our sole discretion and at any time, without notice or liability to you: (a) modify, update, add, or remove any feature, theme, or content of the App; (b) change the App's functionality, design, or requirements (including minimum OS version); (c) temporarily or permanently suspend or discontinue the App, in whole or in part; or (d) impose limits on certain features. We are not obligated to maintain backward compatibility with any prior version of the App, and we have no liability to you for any such change, suspension, or discontinuation, including with respect to content you have previously unlocked via a purchase. ## 6. Disclaimer of Warranties **THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.** We do not warrant that the App will be uninterrupted, error-free, secure, or free of defects, that any defect will be corrected, or that the App will meet your requirements or expectations, including with respect to educational outcomes. Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you, in which case such warranties are limited to the shortest period and narrowest scope permitted by applicable law. ## 7. Limitation of Liability **TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APP — INCLUDING ANY CLAIM RELATING TO APP FUNCTIONALITY, BUGS, UPDATES, DISCONTINUATION OF FEATURES, OR CHANGES IN PRICING — REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.** **OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US (DIRECTLY, EXCLUDING ANY PORTION RETAINED BY APPLE OR GOOGLE) FOR IN-APP PURCHASES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) TEN U.S. DOLLARS ($10.00).** Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case our liability will be limited to the maximum extent permitted by applicable law. ## 8. Indemnification To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Sasa Kolda / BabyNewt and our officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the App; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of a third party; or (d) any purchase or activity conducted through your device or app-store account, including by a minor under your supervision. ## 9. No Professional/Educational Guarantee The App is intended for general educational entertainment purposes for children and families. It is not a substitute for professional educational instruction or assessment, and we make no representation or warranty regarding specific learning outcomes, developmental benchmarks, or suitability for any particular child. ## 10. Governing Law; Dispute Resolution These Terms are governed by the laws of Croatia, without regard to its conflict-of-laws principles, except to the extent superseded by applicable app-store terms or mandatory consumer-protection law in your jurisdiction of residence. Any dispute arising out of or related to these Terms or the App will be resolved exclusively in the state or federal courts located in Zagreb, Croatia, and you consent to the personal jurisdiction of such courts, except where applicable law requires otherwise. ## 11. Third-Party Services The App relies on third-party services, including Apple App Store, Google Play, Firebase (Google), and RevenueCat, each of which has its own terms and policies governing your relationship with them. We are not responsible or liable for the acts, omissions, availability, or policies of these third parties. ## 12. Termination We may suspend or terminate your access to the App at any time, with or without cause or notice, including if we reasonably believe you have violated these Terms. Sections 2, and 6 through 12, survive any termination of these Terms. ## 13. Changes to These Terms We may modify these Terms at any time. If we make material changes, we will update the "Last updated" date above and, where required by law, provide additional notice (e.g., through the App or the applicable app-store listing). Your continued use of the App after a change becomes effective constitutes your acceptance of the revised Terms. ## 14. Miscellaneous These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior agreements. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver of that or any other provision. You may not assign these Terms; we may assign them freely. ## 15. Contact Us Questions about these Terms can be sent to: Sasa Kolda / BabyNewt info@babynewt.com Zagreb, Croatia