This End User License Agreement ("Agreement" or "EULA") governs your access to and use of the BeeSmart Spelling mobile application (the "App" or "Licensed Application"). The App is owned and operated by Altech Computer Services, LLC ("Company," "we," "us," or "our").
By downloading, installing, accessing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not use the App.
Important Notice: This EULA is concluded between you and Altech Computer Services, LLC only, and not with Apple, Inc. ("Apple"). We, not Apple, are solely responsible for the Licensed Application and its content. This EULA does not provide usage rules that conflict with the Apple Media Services Terms and Conditions.
1. Scope of License
Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
2. Eligibility & Accounts
The App is designed for children and families and may be used by learners of all ages. If you are under the age of 18, you may use the App only with permission of a parent or legal guardian. Certain features (such as adult/parent/teacher/admin functions, if enabled) may require an adult account.
3. Children's Use & Parental Consent
We do not knowingly collect personal information from children under 13 without verifiable parental consent, where required by law. If you are a parent/guardian and believe a child has provided personal information to us, please contact us so we can review and address the issue.
The App may store learning progress data (such as scores or completion status) to provide the educational experience. Details about what we collect, how we use it, and your choices are described in our Privacy Policy.
4. Maintenance and Support
We are 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. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. Warranty
We are 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, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application. 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 our sole responsibility.
6. Product Claims
You acknowledge that we, not Apple, are responsible for addressing any claims you or any third party may have relating to the Licensed Application or your possession and/or use of the 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, including in connection with the Licensed Application's use of the HealthKit and HomeKit frameworks (if applicable).
This EULA does not limit our liability to you beyond what is permitted by applicable law.
7. Intellectual Property Rights
You acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
The App and all associated content (including software, educational materials, text, graphics, audio, characters, trademarks, and logos), excluding your uploads, are owned by the Company and protected by intellectual property laws. This Agreement grants a license to use the App, not ownership.
8. Legal Compliance
You represent and warrant that:
- you 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
- you are not listed on any U.S. Government list of prohibited or restricted parties.
9. Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using the Licensed Application. For example, if you have a VoIP application, you must not be in violation of your wireless data service agreement when using the Application.
10. Restrictions
You may not:
- Copy, modify, reverse engineer, decompile, or disassemble the App except where prohibited by law.
- Rent, lease, lend, sell, redistribute, or sublicense the App.
- Use the App for unlawful purposes or to violate others' rights.
- Attempt to bypass security, access non-public areas, or interfere with the App's operation.
- Remove or alter proprietary notices.
11. User-Provided Content (Uploads)
You are responsible for content you upload or provide to the App (for example, word lists or other learning materials). Do not upload unlawful, harmful, or infringing content.
You grant us a limited, worldwide, non-exclusive license to host, process, and display your uploaded content solely to operate, maintain, and improve the App.
12. Purchases & Subscriptions (Apple App Store)
Some features may be available via in-app purchases or subscriptions ("Subscription"). Purchases are processed by Apple through the App Store; we do not store your payment details.
Current plan availability: As of the "Last updated" date, the App offers a monthly subscription plan. Any available plans and current prices are shown in the App Store purchase flow at the time you confirm.
- Billing: Payment is charged to your Apple ID at confirmation of purchase.
- Auto-renewal: Subscriptions renew automatically unless auto-renew is turned off at least 24 hours before the end of the current period.
- Renewal charge timing: Your account will be charged for renewal within 24 hours prior to the end of the current period.
- Manage/cancel: You can manage and cancel subscriptions in iOS Settings → Apple ID → Subscriptions.
- Trials/intro offers (if offered): Any free trial or introductory offer will be shown in the App Store purchase flow. Unused portions of a free trial are forfeited when you purchase a subscription, where applicable.
- Refunds: Refund requests are handled by Apple under App Store policies. We cannot directly issue App Store refunds.
13. Privacy
Your use of the App is also governed by our Privacy Policy.
14. Third Party Beneficiary
You acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.
15. Disclaimer of Warranties
EXCEPT AS SET FORTH IN SECTION 5 (WARRANTY), THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED.
16. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE APP WILL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) FOR THE APP OR SUBSCRIPTION IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
17. Changes
We may update this Agreement from time to time. We will post the updated Agreement here and update the "Last updated" date. By continuing to use the App after the update, you agree to the revised Agreement.
18. Termination
This Agreement remains effective until terminated. Your rights under this Agreement will automatically terminate if you fail to comply. Upon termination, you must stop using the App and delete it from your devices.
19. Governing Law
This Agreement is governed by the laws of the State of Texas, United States, without regard to conflict of laws rules.
20. Developer Name and Contact Information
BeeSmart Spelling
Owned by: Altech Computer Services, LLC
Address: [Your Complete Mailing Address]
Email: [email protected]
Phone: [Your Support Phone Number]
For any questions, complaints, or claims with respect to the Licensed Application, please contact us at the information above.