Terms of Use (EULA)

Welcome to the KIDZZ App (referred to as "we," "us," "our," or "Licensor"). Please read these Terms of Use ("EULA" or "Agreement") carefully before installing, using, or accessing the KIDZZ mobile application ("Licensed Application" or "App").

By downloading, installing, or using the Licensed Application, you (the "user" or "Licensee") agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not download, install, or use the App.

1. Acknowledgement

This EULA is a legal agreement concluded solely between Licensor (MD NISHAD MONDOL and CAPITAL Technologies Inc.) and the Licensee, and not with Apple Inc. ("Apple"). Licensor, and not Apple, is solely responsible for the Licensed Application and the content thereof. The terms in this Agreement may not be less restrictive than the Apple Media Services Terms and Conditions as of the Effective Date (which you acknowledge you have had the opportunity to review).

2. Scope of License

The license granted to the Licensee for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded products that the Licensee owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

3. Maintenance and Support

Licensor is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. Licensee acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

4. Warranty

Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the Licensee may notify Apple, and Apple will refund the purchase price for the Licensed Application to that Licensee; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Licensor.

5. Product Claims

Licensee acknowledges that Licensor, and not Apple, is responsible for addressing any claims of the Licensee or any third party relating to the Licensed Application or the Licensee’s possession and/or use of that Licensed Application, including, but not limited to:

• Product liability claims;
• Any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
• Claims arising under consumer protection, privacy, or similar legislation.

6. Intellectual Property Rights

Licensee acknowledges that, in the event of any third-party claim that the Licensed Application or the Licensee’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, Licensor, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

7. Legal Compliance

The Licensee must represent and warrant that:

• They are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
• They are not listed on any U.S. Government list of prohibited or restricted parties.

8. Developer Name, Address & Contact Information

For any questions, complaints, or claims with respect to the Licensed Application, please direct them to:

Developer: MD NISHAD MONDOL / CAPITAL Technologies Inc.
Support Email: contact@kidzz-storybook.com

9. Third-Party Terms of Agreement

The Licensee must comply with applicable third-party terms of agreement when using the Licensed Application. For example, if the App accesses an external database or audio stream, the user must not violate their wireless data service agreement or internet service provider terms while using the App.

10. Third-Party Beneficiary

Licensee acknowledges and agrees that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the EULA, and that, upon the Licensee’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the Licensee as a third-party beneficiary thereof.

11. Content and User Restrictions

The KIDZZ App generates, reads, and plays screen-free bedtime stories and audio routines. You agree to use the App solely for your personal, non-commercial use. You may not reverse-engineer, modify, distribute, or exploit any of the story scripts, voice recordings, soundscapes, or visual designs contained in the App without explicit written permission from the Licensor.

12. Termination

This Agreement is effective until terminated by you or the Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this Agreement. Upon termination of the license, you must cease all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.

13. Governing Law

This Agreement and the relationship between you and Licensor shall be governed by the laws of the State of Delaware, United States, excluding its conflicts of law provisions.

14. Contact Us

If you have any questions or feedback regarding these terms, please contact us at:

Email: contact@kidzz-storybook.com