(Last Updated: 22 July 2025)

1. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT HOW YOU MAY USE THE SERVICES

Welcome to the online service of Little Thinking Minds LTD (“Little Thinking Minds,” “we,” or “us“). These terms of use (these “Terms“) explain the terms by which Customers and their Authorized Users (as defined below) may use our online and/or mobile services, website, and software provided on or in connection with our platform (collectively, the “Services“). By (a) accessing or using the Services, (b) signing a service order form with us (a “Service Order“) specific to you or your organization, or (c) clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms and the Service Order (if applicable) which is hereby incorporated by reference (collectively, the “Agreement“), whether or not you are a registered user of our Services. If you do not accept these Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be shared via the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of our Services after the date such revised Terms are posted. 

Notwithstanding the foregoing, nothing in these Terms supersedes or limits your rights under (1) the terms and conditions of any written agreement you or your institution have entered into with us regarding the use of services, or (2) applicable laws or regulations to the extent these terms are prohibited by such laws or regulations. In the event of any conflict between these Terms and the terms and conditions of an applicable written agreement you or your institution have entered into with us, the terms and conditions of the written agreement shall control.

1. General Provisions

1. Eligibility 
   
   This is a contract between you and Little Thinking Minds. These Terms, together with any other documents referred to herein, constitute a legally binding agreement between you, and Little Thinking Minds. You must read and agree to these Terms before using the Services. If you do not agree, you may not use the Services. You may use the Services only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable laws, rules, and regulations.

   Customers are responsible for all Students’ and Family Members’ activities on the Services and for ensuring that all Teachers and Family Members (each as defined below) agree to the applicable “End User Terms“. The Services are not available to any users we previously removed from the Services.

2. Customers and Authorized Users

   “Customer” or “you” means the individual (such as a Family Member, as defined below) or legal entity (such as the school, school governing body, school district, local authority or other body authorised to enter into agreements for the supply of services to schools) and in each case that signs a Service Order or otherwise subscribes to or uses the Services. If you signed up for a plan on behalf of a business entity or other organization, the business entity or that other organization on whose behalf you signed up is the Customer and in that case you represent and warrant that you have all rights, power and authority to bind such entity or organization to the Agreement. Customer may allow access and provide accounts to the Services to its employees, faculty and administrators (Collectively, “Teachers”) to permit such Teachers to access and use the Services, as part of Customer’s permitted use and implementation of the Services.

   Customer may authorize individuals to access the Services, including, without limitation, Teachers, students (including those enrolled in classes provided by Customer’s Teachers (“Students“), and parents or legal guardians of those Students (“Family Members“) (each of Teachers, Students, and Family Members, an “Authorized User“). Customer will be solely responsible for all of the acts and omissions of its Authorized Users in relation to the Services and the Agreement.

   The information provided through our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access our Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

   If Customer permits Students who are minors (as determined by laws of the jurisdiction in which they reside) to use the Services, Customer represents and warrants that they have the requisite authority to provide consent, or have obtained consent as required by applicable law, for the Students access to and use of the Services (including the processing and cross-border transfer of their data). Students who are minors must have the permission of and be directly supervised by a Family Member or another responsible adult designated or approved by the Family Member to use the Services. Where access to the Services is provided through a school or educational institution, Students that are minors may use the Services under the supervision of a Teacher or other authorized school representative, only if the school has obtained all necessary consents, as required by law, from the relevant Family Member. In addition, where access to the Services is provided through a school or educational institution, Students that are minors may use the Services at home under the supervision of their Family Member.

   You understand and acknowledge and must ensure that each Authorized User understands and acknowledges that we are not responsible for verifying or auditing that the necessary parental or legal guardian consent required under applicable data protection or education laws has been properly obtained by the Customer or Authorized Users. It is solely the responsibility of the Customer to ensure that all required consents, authorizations, or legal bases for processing personal data of minors or other data subjects have been secured prior to allowing access to the Services.

   Where applicable, Customer will (i) inform Authorized Users of all Customer policies and practices that are relevant to their use of the Services and of any settings that may impact the processing of User Content (defined below); (ii) ensure that all Teachers and Family Members agree to and comply with the provisions of the applicable “End User Terms” that apply to their use of the Services, and (iii) obtain all rights, permissions or consents from Authorized Users and other Customer personnel that are necessary to grant the rights and licenses in the Agreement and for the lawful use and transmission of User Content and Customer’s and the Authorized Users’ use of the Services.

3. Accounts

   User Accounts. Your account or your Authorized Users’ accounts on the Services (“User Account“) give you and your Authorized Users access to certain services and functionalities that we may, in our sole discretion, establish and maintain as part of the Services from time to time. We may maintain different types of User Accounts for different types of users.

   Account Security. Customer or its Authorized Users may never use another user’s User Account without such user’s permission. When creating a User Account, you must, and must ensure that your Authorized Users, provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and the User Accounts of your Authorized Users. You will keep (and will ensure your Authorized Users keep) your/their User Account password(s) and/or any other authentication credentials secure, and you will not share (and will ensure your Authorized Users do not share) your/their password(s) and/or any other authentication credentials with anyone else. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) to protect your User Account. Any Authorized User with administrator-level access to a Customer’s User Account can modify the User Account settings, access, and billing information. We will not be liable for, and expressly disclaim liability for, any losses caused by any unauthorized use of your or any of your Authorized Users’ User Account and/or any changes to your or any of your Authorized Users’ User Account, including, without limitation, changes made by any Authorized User with administrator-level access to your User Account. You will notify us immediately of any breach of security or unauthorized use of your or any of your Authorized Users’ User Account.

   Account Settings. Customer and each Authorized User may control certain aspects of your/their respective User Accounts and any associated user profile, and of the way you/they interact with the Services, by changing the settings in your/their settings page. By providing us with your email address, you agree to us using that email address to send you Service-related notices, including any notices required by applicable law, in lieu of communication by postal mail. We may also use that email address to send you other messages, including, without limitation, marketing and advertising messages, such as messages notifying you of changes to features of the Services and special offers (collectively, “Marketing Emails“) in accordance with your preferences and subject to any restrictions under applicable law. If you do not want to receive Marketing Emails, you may opt out of receiving them at any time or change your preferences on the services, by contacting the Services support team at [email protected] or by clicking on the “unsubscribe” link within a Marketing Email. Opting out will not prevent you from receiving Service-related notices.

4. Changes, Suspension, and Termination 

You may de-activate your User Account at any time. We may, with or without prior notice, change the Services, stop providing the Services or features of the Services to you, to any of your Authorized Users, or to users generally, or create usage limits for the Services. We may, with or without prior notice, permanently terminate or temporarily suspend your access to your or any of your Authorized Users’ User Accounts and/or the Services without liability, with or without cause, and for any or no reason, including if, in our sole determination, you or any of your Authorized Users, as applicable, violate(s) any provision of these Terms. Upon their termination for any reason or no reason, you continue to be bound by these Terms.

5. Your Interactions with Other Users 

You are solely responsible for your and your Authorized Users’ interactions, including sharing of information, with other users, including Students and Family Members. We reserve the right, but have no obligation, to monitor disputes between Customer, Authorized Users, and other users. We expressly disclaim all liability arising from Customer’s interactions with other users, and for any Authorized User’s action or inaction, including relating to User Content.

2. User Conduct

1. By using our Services, you represent and warrant that:

1. any and all registration information you submit will be true, accurate, current, and complete;

2. you will maintain the accuracy of such information and promptly update such registration information as necessary;

3. you have the legal capacity and you agree to comply with these Terms;

4. (if applicable), you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;

5. you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;

6. you will not use the Services for any illegal or unauthorized purpose; 

7. you will not systematically retrieve data or any other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

8. you will not make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating User Accounts by automated means or under false pretences;

9. you will not use a buying agent or purchasing agent to make purchases through the Services;

10. you will not use the Services to advertise or offer to sell goods and services;

11. you will not circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any User Content or enforce limitations on the use of the Services and/or the Content (as defined below) contained therein;

12. you will not engage in unauthorized framing of or linking to the Services;

13. make improper use of our support services or submit false reports of abuse or misconduct;

14. you will not engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

15. you will not interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;

16. you will not attempt to impersonate another user or person or use the username of another user;

17. you will not sell or otherwise transfer your User Account;

18. you will not use any information obtained from the Services in order to harass, abuse, or harm another person;

19. you will not use the Services as part of any effort to compete with us or otherwise use the Services and/or the User Content for any revenue-generating endeavour or commercial enterprise;

20. you will not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;

21. you will not attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;

22. you will not harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;

23. you will not copy or adapt the software of any of the Services, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

24. you will not delete the copyright or other proprietary rights notice from any Content;

25. you will not knowingly or recklessly upload or transmit (or attempt to upload or to transmit) any viruses, spyware, malware, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;

26. you will not upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);

27. except as may be the result of standard search engine or internet browser usage, you will not use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software;

28. you will not disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services; and 

29. your use of the Services will not violate any applicable law or regulation.

2. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding our Services (“Submissions“) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. To the extent permissible under applicable law, you hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

3. If you provide any information that is untrue, inaccurate, not current, or incomplete, or violate any of these Terms, we have the right to suspend or terminate your User Account and refuse any and all current or future use of the Services (or any portion thereof). In addition, we may take such other actions including, without limitation, legal action as we consider appropriate.

4. If you violate these Terms, or if we receive a request from a law enforcement authority or regulatory agency to do so, we may report your identity, details of any violation and any other information we consider necessary to relevant law enforcement authorities or regulatory agencies.

3. User Content

1. Customer and Authorized Users may submit content through the Services, including text, comments, audio, video, documents, or any other materials (“User Content“). Customer is solely responsible for managing, controlling, and ensuring lawful use of such User Content and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Content.

2. We are not responsible for, and make no warranties, representations, undertakings or guarantees in respect of, any User Content which is uploaded by a user. Any view expressed by any user of our website is their view and not our view nor the view of our officers or employees.

3. By posting your User Content to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Content (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such User Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

4. This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. To the extent permissible under applicable law, you waive all moral rights in your User Content, and you warrant that moral rights have not otherwise been asserted in your User Content.

5. Notwithstanding the above, we will not use, access, or disclose any content created or submitted by students (“Student Content“) except:

1. as necessary to provide the Services to the Customer (e.g., to deliver assignments, support grading, or display portfolios to parents or teachers);

2. in aggregated and anonymized form for analytics or service improvement, where such content cannot reasonably be used to identify any individual; or

3. as otherwise required by law or permitted under a separate written agreement with the Customer.

6. Customer is solely responsible for obtaining any necessary parental or legal guardian consents required under applicable law for the collection, use, and processing of Student Content.

7. We do not claim ownership of User Content, and nothing in this Agreement will be interpreted to restrict your rights to use or share your content outside the Services.

8. We have the right, in our sole and absolute discretion, to:

1. edit, redact, or otherwise change any User Content;

2. re-categorize any User Content to place it in more appropriate locations within the Services; and

3. pre-screen or delete any User Content at any time and for any reason, without notice. 

9. When you create or make available any User Content, you represent and warrant that:

1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of User Content do not and will not infringe any proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;

2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your User Content in any manner contemplated by the Services and the Agreement;

3. you have the written consent, release, and/or permission of each and every identifiable individual person in your User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your User Content in any manner contemplated by the Services and the Agreement;

4. your User Content is not false, inaccurate, or misleading;

5. your User Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;

6. your User Content is not defamatory, obscene, offensive, indecent, malicious, hateful or inflammatory, or otherwise objectionable (as determined by us);

7. your User Content does not ridicule, mock, disparage, intimidate, or discriminate against anyone;

8. your User Content is not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people;

9. your User Content does not violate any applicable law, regulation, or rule, or promote or constitute illegal or unlawful activity;

10. your User Content does not violate the privacy or publicity rights of any third party;

11. your User Content does not contain any material that solicits personal information from a minor or exploits any minor in a sexual or violent manner;

12. your User Content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;

13. your User Content does not include any offensive comments or content connected to race, nationality, gender, sex, religion, disability or age; and

14. your User Content does not otherwise violate, or link to material that violates, any provision of the Agreement, or any applicable law or regulation.

10. Any breach of the foregoing covenant may result in, among other things, termination or suspension of your rights to use the Services.

11. If you find any User Content which other users have uploaded to our Services offensive or if you feel it violates our Terms of Use, please contact us immediately.

4. Our Services

1. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including but not limited to blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms, the Agreement or of any applicable law or regulation. We may terminate your use of or participation in any of the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

2. We cannot guarantee that access to the Services will be available or uninterrupted at all times. We may experience hardware, software, or other problems or need to perform maintenance related to any of the Services, resulting in interruptions, delays, or errors. 

3. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in this Agreement will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

4. There may be information provided via the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information within the Services at any time, without prior notice.

5. Our Services may contain links to other websites from time to time. These links are provided for your convenience.  We have no control over, and no responsibility or liability to you for, those other websites or their content.

6. We reserve the right, but not the obligation, to: 

1. monitor our Services for breach of the Agreement; 

2. take appropriate legal action against anyone who, in our sole discretion, violates the law or breaches this Agreement, including without limitation, reporting such user to law enforcement authorities; 

3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your User Content or any portion thereof; 

4. in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and 

5. otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

5. Term and Termination

1. The Agreement shall remain in full force and effect while you use our Services. 

2. A free subscription may be available to you and will continue until terminated. A paid plan has a term that may expire or be terminated pursuant to the Service Order or subscription plan (collectively, the “Term”). The Agreement remains effective until all Service Orders under the Agreement have expired or been terminated or the Agreement itself terminates. 

3. We or Customer may terminate the Agreement on notice to the other party if the other party materially breaches the Agreement and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its Authorized Users, including for any breaches of the Agreement caused by any of them. We may terminate the Agreement immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law or these Terms. We may terminate the Agreement immediately on notice to Customer if Customer is unable to pay its debts, or becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with their creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.

4. Customer may terminate the Agreement immediately without cause. 

5. We may also terminate the Agreement without cause, but we will provide Customer with thirty (30) days prior written notice. Upon any termination for cause by us, Customer will pay any unpaid fees covering the remainder of the term of the subscription after the effective date of termination.

6. In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination. If Customer wishes to fully cancel its status as a Customer under the Agreement, it must affirmatively notify us in writing of its intent to do so and Customer will immediately cease use, and ensure its Authorized Users immediately cease use of the Services and of all User Accounts under Customer’s control. 

7. You understand and acknowledge that, unless required by applicable law, you will not be entitled to receive any refund or credit for any such cancellation nor for any unused time on your subscription, any pre-payments made in connection with the subscription, any license or subscription fees for any portion of the Services, any content or data associated with your User Account (or those of your Authorized Users), or anything else.

8. In the event that we terminate or suspend your account with any of the Services for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. Upon termination of the Agreement, Customer is responsible for requesting the deletion of Customer data and Authorized User data. If Customer fails to request the deletion of Customer data or Authorized User data, we will retain the data in accordance with our data retention practices.

6. Payment Terms

1. Certain aspects of the Services may be provided for free, while certain other aspects of the Services may be provided for a fee or other charge (“Fee“).  By electing to use non-free aspects of the Services, including enrolling in a plan via execution of a Service Order, Customer agrees to the pricing and payment terms applicable to Customer and as described in the Service Order. The type of plan identified in Customer’s Service Order will determine the payment terms that apply to Customer’s subscription.

2. We may add new products and/or services for additional Fees, add or amend Fees for existing products and/or services, and/or discontinue offering certain aspects of the Services at any time, in our sole discretion; provided, however, that if we have agreed to a specific Term and a corresponding Fee, then that will remain in force for that Fee during that Term unless otherwise provided in the Service Order.

3. You agree to provide current, complete, and accurate purchase and account information for all purchases made. You further agree to promptly update account and payment information, including but not limited to email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We will bill you through an online billing account for purchases made via the Services. 

4. Fees are exclusive of any taxes, levies, duties or similar governmental assessments of any nature, including by way of example, value-added, goods and services, sales, use and withholding taxes, assessable by any jurisdiction (collectively but for clarity excluding any taxes based on our net incomes, ”Taxes”). Customer is responsible for paying all Taxes associated with its purchases in connection with the Services.

5. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

6. We reserve the right to correct any errors or mistakes in pricing, including in the event that payment has already been requested or received. We also reserve the right to refuse any order placed through the Services.

7. Payment Terms under a Service Order

This section applies when a school, institution, or other organization enters into a Service Order with Little Thinking Minds.

1. Unless otherwise stated in a Service Order, Customer payment must be made through cash, check or bank transfer. Any other form of payment will be stated in a Service Order as agreed to by and between the parties (“Non-standard Payment”). In the event that Customer wishes to use an Non-standard Payment method, Customer must provide us with at least one (1) current, valid payment card accepted by us and our third-party payment processor (currently https://fort.payfort.com or PayPal) (“Payment Processor”) and each such card (“Payment Method”). By providing a Payment Method, Customer authorizes both Little Thinking Minds and the Payment Processor to charge that method for applicable Fees and Taxes, including on a recurring basis, until cancellation under the Service Order. Fees and Taxes will be charged on the specific payment date indicated in the Service Order. Payment cycles and billing dates may vary due to changes in plans or settlement failures. All fees are fully earned upon payment. If terms for check or ACH are granted, fees are due within thirty (30) days from invoice date.

2. Our Payment Processor may verify the Customer’s Payment Method by processing an authorization hold. Payment must be received by Payment Processor before our acceptance of an order. Customer is subject to the Payment Processor’s terms of use and privacy policy. We do not view or store Customer’s full credit card or other Payment Method information. For all payments, Payment Processor will collect Customer’s Payment Method details and charge its chosen Payment Method in connection with an order. If any of Customer’s account, order, or Payment Method information changes, Customer will promptly update such information, so that we or Payment Processor may complete Customer’s transaction(s) and/or contact Customer, as needed.

8. Payment Terms for Individual Customers

This section applies to individual Customers, who subscribe through our website or mobile apps, including app store purchases and self-service platforms.

1. Subscriptions on the apps are offered on an automatically renewing basis and entail recurring charges until cancelled. Web subscriptions are non-recurring.

2. By subscribing on the app, Customer agrees to recurring, non-refundable charges for the selected subscription plan and which will be automatically charged using the Payment Method that Customer has provided until Customer cancels the subscription. By subscribing on the web, Customer agrees to non-refundable charges for the selected subscription plan and which will be automatically charged using the Payment Method Customer has provided until Customer subscription period ends.

3. Charges may vary due to Fee changes or Taxes, and Customer authorizes automatic billing. Unless Customer cancels prior to the renewal date, their subscription and billing will continue

4. Cancellation of an active subscription to the mobile application (the “App”) must be initiated by Customer directly through the applicable app store or device settings (e.g., Apple App Store or Google Play Store). The subscription cannot be cancelled via the website or any other web-based platform. All subscriptions shall remain active and in effect until the expiration of the applicable subscription term. No pro-rated refunds or early termination options shall be available. Upon the conclusion of the subscription period, access to the App’s paid features shall automatically terminate unless the Customer elects to renew the subscription.

7. Intellectual Property Rights

1. Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics within the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. 

2. The Content and the Marks are provided within the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.

4. We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by our Services infringes your copyright, you should consider first contacting an attorney.

8. Mobile Applications

1. If you access any of the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with these Terms. You shall not: 

1. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; 

2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; 

3. violate any applicable laws, rules, or regulations in connection with your access or use of the application; 

4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; 

5. use the application for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; 

6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; 

7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; 

8. use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or 

9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

2. You represent and warrant that your use of the application will comply with all applicable local, state, national, and international laws, including but not limited to data protection and privacy laws in your jurisdiction. 

3. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) on an Apple or Android device to access the Services: 

1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; 

2. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; 

3. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; 

4. you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and

5. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions of this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.

11. Privacy and Data Security 

    1. We care about your privacy. For information about how we collect, use, and disclose your personal information and aggregated and/or anonymized data, please refer to our Privacy Policy. 

    2. We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or to use your data for improper purposes. You acknowledge that you provide your data at your own risk.

    3. We reserve the right to delete any User Content at any time after termination of Customer’s status as a Customer, or at any time during the Term after any prolonged period of inactivity of the relevant User Account which may reasonably suggest that the account has been abandoned.

12. Confidentiality

The Services may include non-public, proprietary, or confidential information of Little Thinkings Mind and/or of other users (“Confidential Information“). Confidential Information includes any information that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, and marketing information. You will and, you will ensure that your Authorized Users will: (a) protect and safeguard the confidentiality of all Confidential Information with at least the same degree of care as you would use to protect your own highly sensitive confidential information, but in no event with less than a reasonable degree of care; (b) not use any Confidential Information for any purpose other than to exercise your rights, or to perform your obligations, under the Agreement; and (c) not disclose any Confidential Information to any person or entity, except your service providers or financial or legal advisors who/that (i) need to know the Confidential Information and (ii) are bound by non-use and non-disclosure restrictions at least as restrictive as those set forth in this section.

13. Limitation of Liability

    1. The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites linked to the Services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or Services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

    2. In no event will we or our directors, employees, representatives or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of: (a) the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising; or (b) $100 USD. 

    3. This limitation of liability shall apply to the fullest extent permitted by applicable law. If such limitation is unenforceable in your jurisdiction, it shall be modified only to the minimum extent necessary to comply with such law.

14. Indemnification

    1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, representatives and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) use of the Services; (3) violation of these Terms (or breach of the Agreement); (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. 

    2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

15. Governing Law

The Agreement shall be governed by and defined in accordance with the laws of UAE (Emirate of Dubai) without regard to its conflict of law principles. Additionally, if you access the Services from outside UAE, you may also be subject to mandatory consumer protection or data privacy laws of your place of residence, which shall prevail to the extent they are applicable and non-waivable under local law. The courts of Dubai in the UAE shall have exclusive jurisdiction over any disputes not subject to arbitration as defined in section 14. 

16. Dispute Resolution

    1. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms or the Agreement, including any question regarding, but not limited to, its existence, validity, or termination,  (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration, such informal negotiations to commence upon written notice from one Party to the other.

    2. Failing amicable settlement, the Dispute shall be referred to and finally resolved by arbitration in accordance with the arbitration rules of Dubai Center of International Arbitration (DIAC), which, as a result of referring to it, are considered as the part of this clause. The number of arbitrators shall be three (3) and the seat, or legal place, of arbitration shall be Dubai in the UAE. The language to be used in the arbitral proceedings shall be English. 

    3. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

    4. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

1. any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; 

2. any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and 

3. any claim for injunctive relief. 

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

17. Miscellaneous

    1. The Agreement and any policies or operating rules posted or shared by us via the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of the Agreement shall not operate as a waiver of such right or provision. The Agreement shall operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of the Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of the Agreement or use of any of the Services. You agree that the Agreement will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of the Agreement and the lack of signing by the parties hereto to execute the Agreement.

    2. Neither Party will use the other party’s name, trademarks, or logos without such other party’s prior written approval.

    3. In the event that you have any questions or concerns in relation to our Services or these Terms of Use, you can contact us at:

Address:

Little Thinking Minds LTD

44 Queen Noor Street, 

Amman, Jordan

Phone: (+962)6 – 5520080

Email: [email protected]

4. Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and via the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

5. These Terms are made in the English and Arabic languages and in the case of any inconsistencies between both texts, the English text shall control unless applicable law requires otherwise.

18. Force Majeure

Neither you nor we shall be held responsible for any failure or delay in fulfilling obligations under the Agreement (excluding your obligation to make payments) when such failure or delay is caused by circumstances beyond the reasonable control of the affected party. These circumstances may include, but are not limited to, denial-of-service attacks, outages or failures by third-party hosting or utility providers, labor strikes (excluding those involving the affected party’s own personnel), shortages, civil unrest, fires, natural disasters, acts of war or terrorism, pandemics, or actions by governmental authorities. This applies to all Services accessed via our website, mobile apps, or related platforms.