These terms and conditions ("Terms") govern your use of the Smart Math Kids mobile application ("App") provided by DAC Shepherd Techs Corporation ("Company"). By accessing or using the App, you agree to be bound by these Terms. If you do not agree with these Terms, please refrain from using the App.
1. App Usage
1.1 Eligibility: The App is intended for use by individuals under the age of 13. If you are a minor, you must obtain permission from your parent or legal guardian before using the App.
1.2 License: Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your compatible device solely for personal, non-commercial purposes.
1.3 Restrictions: You shall not:
(a) Use the App for any illegal, unauthorized, or prohibited purpose. (b) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App. (c) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in the App. (d) Circumvent, disable, or interfere with any security-related features of the App. (e) Use the App in a manner that could damage, disable, overburden, or impair the Company's servers or networks. (f) Engage in any conduct that restricts or inhibits any other user from using or enjoying the App.
1.4 Updates: The Company may release updates, upgrades, or new versions of the App from time to time, which may include bug fixes, enhancements, or additional features. You consent to receive such updates automatically or manually, as deemed necessary by the Company.
2. Data Collection and Privacy
2.1 Data Collection: The App may collect and process device information and nickname in accordance with the Company's Privacy Policy. By using the App, you consent to the Company's collection, use, and disclosure of device information and nickname as described in the Privacy Policy.
2.2 Parental Consent: If you are a parent or legal guardian of a child under the age of 13, you hereby acknowledge and agree that you have provided the necessary consent for your child to use the App and for the Company to collect, use, and disclose your child's device information and nickname as described in the Privacy Policy.
2.3 Data Storage: The Company will make commercially reasonable efforts to secure and protect the data collected through the App. However, the Company cannot guarantee the absolute security of such data and shall not be liable for any unauthorized access, loss, or disclosure of data.
3. Intellectual Property
3.1 Ownership: The App, including all content, features, and functionality, is owned by the Company and is protected by intellectual property laws. The Company retains all rights, title, and interest in the App.
3.2 Trademarks: The Company's name, logo, and any other trademarks or service marks displayed in the App are the property of the Company. You are prohibited from using any of these trademarks without the prior written permission of the Company.
3.3 User-Generated Content: The App may allow users to submit or upload content, including voice recordings, text, or images ("User Content"). By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the App.
4. Disclaimer of Warranties
4.1 The App is provided on an "as is" and "as available" basis. The Company makes no warranties or representations, whether express or implied, regarding the App, including but not limited to the accuracy, reliability, suitability, or availability of the App or its content. The Company disclaims all warranties, whether express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, and title. The Company does not warrant that the App will meet your requirements or that its operation will be uninterrupted, timely, secure, or error-free. The Company does not make any warranties or representations regarding the quality, accuracy, reliability, completeness, or currency of any information, content, materials, or services provided through the App.
4.2 The Company does not warrant that the App will be free of viruses, malware, or other harmful components. While the Company takes reasonable measures to ensure the security and integrity of the App, you acknowledge and agree that your use of the App and any content downloaded or obtained through the App is at your sole risk. The Company shall not be liable for any damages or losses resulting from any such harmful components or from your reliance on the accuracy, completeness, or usefulness of any content or information provided through the App.
You are solely responsible for implementing appropriate security measures and safeguards to protect your devices and data, including but not limited to using up-to-date antivirus software, firewall protection, and secure internet connections. The Company recommends that you regularly back up your data and exercise caution while downloading or accessing content through the App.
5. Limitation of Liability
5.1 To the maximum extent permitted by applicable law, in no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption arising out of or in connection with the use or inability to use the App, even if the Company has been advised of the possibility of such damages.
5.2 The Company's total liability to you for any claim arising out of or in connection with these Terms or your use of the App shall not exceed the amount paid by you, if any, for accessing the App.
6. Governing Law and Jurisdiction
6.1 These Terms shall be governed by and construed in accordance with the laws of the Philippines, without regard to its conflict of laws principles.
6.2 Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts located in Muntinlupa City, Metro Manila, Philippines.
Modifications to the Terms
7.1 The Company reserves the right to modify or update these Terms at any time without prior notice. The updated Terms will be effective immediately upon posting on the Company's website or within the App.
7.2 It is your responsibility to review the Terms periodically. By continuing to use the App after any modifications or updates to the Terms, you accept and agree to be bound by the revised Terms.
8. Termination
8.1 The Company may, at its sole discretion, terminate or suspend your access to the App at any time and for any reason, including but not limited to your violation of these Terms.
8.2 Upon termination, all licenses and rights granted to you under these Terms will immediately cease, and you must cease all use of the App.
9. Severability
9.1 If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
10. Entire Agreement
10.1 These Terms constitute the entire agreement between you and the Company regarding the use of the App, superseding any prior agreements or understandings, whether oral or written.
11. Contact Information
If you have any questions or concerns about these Terms, please contact the Company at:
Company: DAC Shepherd Techs Corporation
Business Email: admin@shepherdtechs.com
Business Address: 1015 Parkway Corporate Center, Corporate Avenue, Alabang, Muntinlupa City, Metro Manila, Philippines 1781
12. User Responsibilities
12.1 Compliance: You agree to comply with all applicable laws, rules, and regulations in connection with your use of the App.
12.2 User Conduct: You shall not engage in any conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable while using the App.
12.3 Account Security: If you create an account for the App, you are responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. You agree to notify the Company immediately of any unauthorized access or use of your account.
13. Third-Party Services and Content
13.1 Links to Third-Party Websites: The App may contain links to third-party websites or services that are not owned or controlled by the Company. The Company does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. You access and use such websites or services at your own risk.
13.2 Third-Party Content: The App may include content provided by third parties, including but not limited to advertisements and promotional materials. The Company does not guarantee the accuracy, completeness, or reliability of any third-party content. Any reliance on such content is at your own risk.
14. Indemnification
14.1 You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, and agents (collectively referred to as "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees and court costs, arising out of or in connection with:
The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with the Indemnified Parties in asserting any available defenses. This provision shall survive the termination or expiration of these Terms and your use of the App.
15. Communication
15.1 Electronic Communication: By using the App, you consent to receive electronic communications from the Company. These communications may include notices about your account, transactional information, and promotional materials. You agree that any such communication satisfies any legal requirement for communications to be in writing.
15.2 Marketing Communications: You may opt-out of receiving marketing communications from the Company by following the instructions provided in the communication or by contacting the Company directly.
16. Amendments and Waivers
16.1 No Waiver: The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. 16.2 Amendments: These Terms may only be amended or modified by the Company in writing or by the Company making such amendments or modifications available through the App.
17. Survival
17.1 The provisions of these Terms that by their nature are intended to survive termination or expiration shall survive, including but not limited to Sections 3 (Intellectual Property), 4 (Disclaimer of Warranties), 5 (Limitation of Liability), 9 (Severability), 14 (Indemnification), and 16 (Amendments and Waivers). Headings
18.1 The headings in these Terms are for convenience only and shall not affect the interpretation of the provisions contained herein.