Terms of Use | Namoh Kids

Welcome to Namoh Kids!

Please read these Terms of Service ("Terms") carefully before using Namoh Kids or any other application or service (each, the "App") developed, provided, offered or operated by Matty Studios Private Limited, a private limited company incorporated under the laws of India (“the Company”), "we," "us," or "our"). By using the App, you (“you” or “the user”) agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use the App.

1. Acceptance of Terms

By downloading, installing, or using the App, you acknowledge and agree to these Terms, as well as our Privacy Policy. ([insert link]), the terms of which are incorporated by reference. If you are under the age of 18, you must obtain parental or guardian consent to use the App.

2. Data Collection and Usage

We collect and use non-personal data for the sole purpose of improving the App's performance, analytics, and monitoring. This data may include device information, app usage statistics, and crash reports. We do not collect personal information from users, especially children, and we are committed to protecting their privacy. At present no user registration is required to use the App though we reserve the right to introduce a registration requirement in the future or restrict all or some of the functions of the App for registered users.

3. In-App Purchases and Subscription Services

Some or all features of the App may require in-app purchases or subscription services. Please review the pricing and terms associated with these features before making any purchases. All payments are subject to the terms of the app store or platform you use to download the App.

The App is a subscription application, even if such App was downloaded for free. Such in-app purchases may not require the re-entry of credit card information as such in-app purchases will be made through an existing account with a third party distributor (such as Apple or Google). Please note that the App may only be available for certain operating systems (such as iOS or Android). You may only download and use the App on a device running validly licensed copies of the operating systems on which the App were designed to operate. To be able to access and/or use the App, or any portion thereof, User must legally obtain all the applicable or required facilities, utilities, software and equipment at his/her sole risk and expense.

The App is available to you at no charge or for such fee (whether by way of subscription or one-time purchase), as described on our App detail page. If such requested fees are not paid, it may result in the User not being able to access the App or some or all of its functions.

With respect to software or services that provide an option to pay periodic subscription fees: such payment will enable you to receive access to the full version of the App (i.e., unlimited access to the full functionality of such App) and any related content updates. You will be able to enjoy such full version of the App from any devices registered on his/her app store account, as long as his/her subscription is active. A User may cancel a subscription, however, the cancellation will not come into effect until the end of the applicable billing cycle. If the User ceases to pay the subscription fees, the User will return to the “free to play”/free trial mode, which is limited in the functionalities that are provided for free (if any). The duration, price and terms of payment of the subscriptions will appear in the applicable Apps detail pages.

Auto-renewal subscriptions: By signing up for a subscription, you agree that your subscription will be automatically renewed at the end of each paid subscription, unless cancelled. The auto-renewal may be turned off by the User in his/her app store account settings following the first payment of the subscription fees. Deleting the App from the device does not necessarily result in cancellation of your subscription. For more information how to manage subscriptions please refer to Apple Support at: https://support.apple.com/en-us/HT202039. The download pages of auto-renewal subscription Apps will indicate the subscription’s duration, price and terms of payment.

The following conditions apply with respect to auto-renewal subscription:

(i) Payments will be charged to your app store account at confirmation of purchase.

(ii)The subscription will automatically renew, unless the User turns off the auto-renew at least 24 hours before the end of the current cycle (on iTunes), or chooses to cancel such subscription before the end of the current cycle (Google Play).

(iii) User’s AppStore account will be charged for renewal within 24 hours prior to the end of the current period.

(iv) Any unused portion of a free trial period, if offered, will be forfeited when the User purchases a subscription to that App.

(v) We may increase pricing for users who are existing subscribers.

(vi) In the case of the AppStore, the Users will be asked to agree to the new price, otherwise the auto-renewal feature will be disabled.

(vii)In the case of Google Play, a notice will be sent to the User and the increase will apply to the next payment due from the User after the notice, provided that the User has been given at least 10 days’ prior notice before the charge is made. If the User is given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.

Note: Users hereby acknowledge and agree that they may be charged for Internet and data usage charges made through use of the Apps according to the applicable rates charged by their respective third party internet and data usage service provider. We will not be liable for any Internet and data usage charges which users may be charged by their respective third party internet and data usage service providers.

4. Compliance

You agree to comply with all applicable laws governing the downloading, installation and use of the App in your country. In addition, you agree to abide by our policies as stated in these Terms (as amended from time to time) or on our website www.namohkids.com, each of which is incorporated herein by reference and each of which may be updated from time to time without notice to you.

5. Push Notifications

We may send notifications, messages and/or alerts known as pop-ups and push notifications, via various means of communication (through the App or otherwise). Users can deactivate the notifications at any time by changing the notification settings in accordance with the instructions of the operating system running on users’ device, changing the settings within the App, and/or by clicking the ‘unsubscribe’ option contained in the notification which was sent to our users.

6. Changes

We reserve the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the App (or any part thereof) without notice, at any time. In addition, users hereby acknowledge that the content provided under the App may be changed, extended in terms of content and form or removed at any time without any notice to users. Users agree that we shall not be liable to users or to any third party for any modification, suspension, or discontinuance of the App and/or the Content included therein. Users hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.

If we supply to users any updates, upgrades and any new versions of the App (“”) according to our then current policies, it may include automatic updating or upgrading of the App with or without any additional notice, users consent thereto and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates. For clarity, the Company has no obligation to provide Updates.

7. Indemnification

By using the App, you agree that you shall defend, indemnify and hold the Company, its affiliates, and each of their officers, directors, employees, attorneys and agents (“Covered Parties”) harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the App.

8. Limitation of Liability

8.1 TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL THE COMPANY, ITS OFFINCLUDING THE COVERED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF THE APP (INCLUDING ANY SERVICES MADE AVAILABLE THROUGH THE APP), YOUR USE OR INABILITY TO USE THE APP, OR FAILURE OF THE APP TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM ANY CONTENT OR THE USER GENERATED CONTENT, THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF THE COMPANY OR ANY OF THE COVERED PARTIES, BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER REPAIR, REPLACEMENT OR A REFUND FOR THE APPS DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES AND REGARDLESS OF WHETHER ANY OF THE COVERED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES (INCLUDING BUT NOT LIMITED TO OTHER USERS TO WHICH YOU ARE EXPOSED THROUGH THE APP), THIRD PARTY SITES AND/OR THIRD PARTY CONTENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

8.3 IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE COMPANY, ITS VENDORS INCLUDING OUR AND SUCH VENDORS’ OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH OR ARISING OUT OF THE APP, CONTENT OR USER GENERATED CONTENT AND YOUR USE OR INABILITY TO USE SAME SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO THE COMPANY FOR USE OF THE APP. THE LIMITATION OF LIABILITY PROVISIONS WHICH APPLY TO ANY RESPONSIBILITIES OF THE APPLICABLE PLATFORM PROVIDER ARE SET FORTH IN THEIR APPLICABLE USAGE RULES.

9.0 Disclaimer

9.1 This App does not guarantee continuous, uninterrupted access to the content. Although we attempt to maintain the integrity and accuracy of the information accessible through the App, we make no guarantees as to its correctness, completeness, or accuracy. Portions of the App may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions or alterations could be made to the App by third parties without our knowledge.

9.2 WE DO NOT ENDORSE OR GUARANTEE, ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE, PRODUCT OR OTHER ITEM OR SERVICE (I) PROVIDED BY ANY PERSON OR ENTITY OTHER THAN THE COMPANY (INCLUDING WITHOUT LIMITATION ANY TECHNICAL FAILURES OR THE LACK OF AVAILABILITY OF ANY FEATURES AVAILABLE WITHIN OUR APP WHICH ARE NOT UNDER OUR CONTROL) AND/OR (II) THAT APPEAR IN ANY USER GENERATED CONTENT.

9.3 WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.

9.4 THE DOWNLOAD AND USE OF THE APP, ANY IN-APP PURCHASES THROUGH OR IN CONNECTION WITH THE APP IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCLUDING DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM.

9.5 YOU AGREE THAT USE OF THE APP, CONTENT AND/OR USER GENERATED CONTENT ARE ENTIRELY AT YOUR OWN RISK. INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.

10 Platform Provider Additional Terms

You agree to be bound by additional terms and conditions applicable if you download the App from the Apple App Store or the Google Play Store.

11 License Grant

11.1 For the purpose of this Term, the following definitions apply:

“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinion, remarks, comments, artwork, links, questions, suggestions, information or other materials.

“Company Content” means Content owned or used by the Company, its affiliates or licensors and made available through the App, including any Content licensed from a third party, but excluding User Content.

“User Content” means Content that a User posts, uploads, publishes, submits or transmits to or through the App.

“Collective Content” means, collectively, Company Content and User Content.

11.2 Subject to your compliance with these Terms, we grants you a limited, non-exclusive, non-transferable license:

(i) to view, download and print any Company Content solely for your personal and non-commercial purposes; and

(ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.

11.3 You have no right to sublicense the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the App or the Collective Content, except as expressly permitted in these Terms. You may not reuse any Collective Content without first obtaining the written consent of the Company. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms.

12. Feedback; Idea Submissions

We are pleased to hear from you and welcome your feedback about the app. Please send it to (contact@namohkids.com) If you provide any feedback to us, you agree that all such feedback will not be subject to any obligation of confidence by us, and that we will not be liable for any use or disclosure of the feedback. Also, you agree that we may use any such feedback to make improvements to our website and mobile application at our sole discretion without any obligation to you.

13. Copyright Policy

The Company respects copyright law and expects its users to do the same. It is our policy to terminate in appropriate circumstances Users or other account holders who (repeatedly) infringe or are believed to be (repeatedly) infringing the rights of copyright holders. All users of the App represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account. If you believe any material via the App constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A User who materially misrepresents that App is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Any copyright infringement notification must be a written communication, transmitted by e-mail or regular mail, setting forth the following:

a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
detailed identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
your contact information, including your address, telephone number, and an email address;
a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Copyright Infringement Notifications should be addressed to: AP & Partners, B62, Paschimi Marg, Vasant Vihar

14. Intellectual Property Rights

The Company owns all right, title and interest, including all related intellectual property rights, in and to the App and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to App, excluding User Content.

All third-party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the App are the property of the respective third parties, including the respective Content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to the Company to enforce any of your rights in relation thereto. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by the Company, no rights (either by implication, estoppel or otherwise) in or to the App or its contents are granted to you.

15. Termination

We reserve the right to terminate or suspend your access to the App without notice if you violate these Terms or engage in any activity that may harm the App, its users, or our business. We also reserve the right at any time to suspend or discontinue to App.

If you wish to close your account, just delete the App from your devices. For more information how to manage subscriptions please refer to Apple Support at: https://support.apple.com/en-us/HT202039.

16. Updates and Changes

We may update or change these Terms at any time without prior notice. It is your responsibility to review these Terms periodically for any modifications. Your continued use of the App after any updates constitutes your acceptance of the revised Terms.

17. Contact Us

If you have any questions or concerns about these Terms or the App, please contact us at contact@namohkids.com.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of India. Courts in New Delhi will have exclusive jurisdiction over any dispute or dispute arising under or in relation to the Terms.

19. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20 Entire Agreement

These Terms (read with the Privacy Policy) constitute the entire agreement between you and Matty Studios Private Limited regarding the use of the App and supersede any prior agreements.