Math Factlings Terms of Use

1. Agreement to these terms

These Terms of Use (the “Terms”) form a legal agreement between you and Austin App Solutions LLC, based in St. Louis, Missouri, United States (“Austin App Solutions,” “we,” “us,” or “our”), governing your download, installation, and use of Math Factlings: Math Facts Adventure (the “App”). By downloading, installing, or using the App, you agree to these Terms. If you do not agree, do not install or use the App.

The App is designed for children in grades K–5 and is intended to be purchased, installed, and set up by a parent or guardian. You must be at least 18 years old, or otherwise legally able to enter into a contract, to accept these Terms. A parent or guardian who allows a child to use the App accepts these Terms on that child's behalf and is responsible for the child's use of the App.

Math Factlings is distributed through the Apple App Store for iPhone and iPad, and through Google Play for Android devices. These Terms supplement, and do not replace, the terms of the store you obtained the App from. Section 15 sets out the terms that apply to each store: if you obtained the App from the Apple App Store, Apple's Licensed Application End User License Agreement also applies except where these Terms provide otherwise; if you obtained it from Google Play, the Google Play Terms of Service also apply.

2. Your license

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to download and use the version of the App you obtained, on devices that you own or control, for your own personal, non-commercial, family use. If you obtained the App from the Apple App Store, that license is limited to Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. If you obtained it from Google Play, it is limited as permitted by the Google Play Terms of Service. Where Family Sharing, Google Play Family Library, or volume purchasing applies to your purchase, the App may be accessed by the accounts associated with that purchase under the relevant store's rules for those programs.

We license the App to you. We do not sell it to you. All rights not expressly granted in these Terms are reserved by us.

3. What you may not do

You agree not to, and not to allow anyone else to:

Copy, distribute, sell, rent, lease, lend, sublicense, or otherwise make the App available to anyone outside your household, except as your store's family sharing rules allow.
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent applicable law expressly permits it despite this limitation.
Modify the App, create derivative works from it, or remove or obscure any copyright, trademark, or other proprietary notices.
Circumvent or attempt to circumvent the parent gate or any other security, access, or content control in the App.
Use the App for any unlawful purpose, or in any way that infringes someone else's rights.
Use the App in a commercial setting, including classroom or institutional deployment, other than under a license or volume purchase program that permits it.

4. One-time purchase, updates, compatibility, and support

This section describes what your purchase includes, and what it does not. Please read it closely.

Math Factlings is offered as a one-time purchase. It does not require a subscription, and it contains no in-app purchases or recurring fees.
Your purchase does not guarantee future updates, new features, bug fixes, technical support, or compatibility with future versions of iOS, iPadOS, or Android, or with future phones and tablets.
Like every app distributed through an app store, Math Factlings may be updated, modified, discontinued, or no longer maintained at any time, in whole or in part, and with or without notice, subject to applicable law. Its continued availability in the Apple App Store or on Google Play — including your ability to download or re-download it later — is controlled by Apple and Google rather than by us: either store may remove an app, and under their terms previously purchased content can become unavailable for future download.
If the App remains installed and operational on a device it is compatible with, you may continue using that version for as long as it and your device keep working, subject to these Terms and to your store's terms. We do not remotely disable or expire the App, and it needs no connection to us to run.
Operating-system upgrades, device changes, hardware failure, and app store policy changes are outside our control and may affect whether the App keeps working. Keeping a device or OS version unchanged is your choice, and we make no recommendation about it.

In short: your purchase is not a rental and we will not switch it off, but it is also not a promise of lifetime updates, lifetime availability in either store, or lifetime compatibility.

5. Support

Support is provided on a reasonable-efforts basis while Math Factlings is actively supported by Austin App Solutions. Our Support page answers the most common questions and has our contact details.

Any response times mentioned on our website or in an app store listing are goals, not commitments, and we cannot guarantee a response to every message or a resolution for every issue. Support may be reduced, changed, or discontinued at any time. As between us and the stores, we — not Apple and not Google — are solely responsible for any maintenance and support services for the App, and neither Apple nor Google has any obligation to provide maintenance or support services for it.

6. Purchases, pricing, and refunds

Math Factlings is sold through the Apple App Store and through Google Play. Your purchase is a transaction between you and the store you bought it from, and is governed by that store's terms — Apple's Apple Media Services Terms and Conditions or the Google Play Terms of Service. We never see or receive your payment details, and we cannot process a payment, cancel a purchase, or issue a refund.

Refund requests go to the store you purchased from and are handled under that store's refund policy. We cannot grant, deny, or influence a refund decision.

A purchase in one store does not carry over to the other. Buying Math Factlings on the App Store does not entitle you to a free copy on Google Play, or the reverse, because each store handles its own purchases and neither can see the other's.

Prices are set by us and displayed by the store in your local currency, and may change over time. A price change, a sale, or a promotion does not entitle earlier or later purchasers to a refund or a credit.

7. Privacy and your data

Math Factlings collects no personal information and sends nothing off your device. Our Privacy Policy explains this in detail and is part of these Terms.

Because all App data — child profiles, progress, and collected Factlings — is stored only on your device, we hold no copy of it and cannot recover it. Deleting a profile, deleting the App, resetting or losing the device, or restoring a device without a backup will permanently remove that data. Backing up your device is your responsibility, and any backup is created and controlled by Apple or Google under your device settings and your store account.

8. Educational disclaimer

Math Factlings is a practice tool intended to supplement, not replace, classroom instruction, curriculum, tutoring, or a parent's own judgment. Grade levels and fact sets in the App are general guidance and may not match your school's scope and sequence. We make no promise of any particular educational, academic, testing, or developmental outcome, and the App is not a diagnostic, assessment, therapeutic, or medical tool.

The App is meant to be used with adult oversight appropriate to your child's age. You are responsible for supervising your child's screen time and use of the device.

9. Intellectual property

The App and everything in it — including the software, the Factlings characters, artwork, animations, sound, music, text, and the Math Factlings and Austin App Solutions names and logos — are owned by Austin App Solutions or its licensors and are protected by copyright, trademark, and other laws. Nothing in these Terms transfers ownership of any of it to you.

Austin App Solutions is an independent developer and is not affiliated with, endorsed by, or sponsored by Apple Inc. or Google LLC. Apple, iPhone, iPad, iOS, iPadOS, and App Store are trademarks of Apple Inc. Google Play, Android, and the Google Play logo are trademarks of Google LLC.

10. Feedback

If you send us ideas, suggestions, bug reports, or other feedback about the App, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it to improve our products, without any obligation of confidentiality, attribution, or compensation to you. Please don't send us anything you consider confidential or that you don't have the right to share.

11. Disclaimer of warranties

To the fullest extent permitted by law, the App is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.

We do not warrant that the App will be uninterrupted, error-free, or free of defects; that defects will be corrected; that the App will meet your requirements or expectations; or that it will remain compatible with any particular device or operating-system version. No advice or information you receive from us, whether spoken or written, creates any warranty not expressly stated here.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of statutory consumer rights, so parts of this section may not apply to you, and nothing in these Terms limits any consumer rights that cannot lawfully be limited.

12. Limitation of liability

To the fullest extent permitted by law, Austin App Solutions will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of a child's progress or collection, loss of goodwill, or device damage, arising out of or relating to the App or these Terms — even if we have been advised of the possibility of those damages.

To the fullest extent permitted by law, our total liability for all claims arising out of or relating to the App or these Terms will not exceed the amount you actually paid for the App, or five U.S. dollars (US$5.00) if that amount is greater.

These limits apply regardless of the legal theory involved and even if a limited remedy fails of its essential purpose. They do not apply to liability for death or personal injury caused by our negligence, to fraud or fraudulent misrepresentation, or to any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow certain limitations of liability, so some of these limits may not apply to you.

13. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Austin App Solutions from any claims, damages, losses, and reasonable legal fees arising out of your misuse of the App, your violation of these Terms, or your violation of any law or third-party right. This does not apply to claims caused by our own conduct.

14. Term and termination

These Terms apply for as long as you use the App. Your license ends automatically if you materially breach these Terms, and you may end it at any time by deleting the App from your devices. Sections that by their nature should survive — including Sections 4, 7, 9, 10, 11, 12, 13, 15, and 16 — survive termination.

15. App store terms

Math Factlings is distributed through two stores, and each has terms of its own that ride along with these Terms. Which set applies to you depends on where you obtained the App.

If you obtained the App from the Apple App Store, the following apply:

Acknowledgement. These Terms are between you and Austin App Solutions only, and not with Apple. Austin App Solutions, not Apple, is solely responsible for the App and its content. These Terms do not set usage rules for the App that conflict with the Apple Media Services Terms and Conditions.
Scope of license. Your license to use the App is as described in Section 2 and is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
Maintenance and support. Austin App Solutions is solely responsible for providing any maintenance and support services for the App, as described in Section 5. Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
Warranty. Austin App Solutions is solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Austin App Solutions' sole responsibility.
Product claims. Austin App Solutions, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation. Nothing in these Terms limits our liability to you beyond what applicable law permits.
Intellectual property claims. If a third party claims that the App or your possession and use of it infringes that third party's intellectual property rights, Austin App Solutions, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-party terms. You must comply with any applicable third-party terms of agreement when using the App.
Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

If you obtained the App from Google Play, the following apply:

Acknowledgement. These Terms are between you and Austin App Solutions only. Google is not a party to them, has no liability under them, and is not responsible for the App or its content.
Google Play terms. Your download and use of the App, and your use of Google Play itself, are also governed by the Google Play Terms of Service. Where the Google Play Developer Distribution Agreement conflicts with these Terms, that agreement governs as between us and Google.
Maintenance, support, and warranties. Austin App Solutions, not Google, is solely responsible for the App, for any maintenance and support services described in Section 5, and for any product warranties to the extent they are not effectively disclaimed.
Claims. Austin App Solutions, not Google, is responsible for addressing any claims by you or a third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, claims arising under consumer protection or privacy legislation, and third-party intellectual property claims. Nothing in these Terms limits our liability to you beyond what applicable law permits.
Refunds. Refunds for Google Play purchases are handled by Google under the Google Play refund policy, as described in Section 6.
Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-party terms. You must comply with any applicable third-party terms of agreement when using the App.

Developer contact, whichever store you used: questions, complaints, and claims about the App should be directed to Austin App Solutions LLC, St. Louis, Missouri, United States — by email at support@austinappsolutions.com.

16. Governing law and disputes

These Terms are governed by the laws of the State of Missouri, United States, without regard to its conflict-of-laws rules. You and we agree that the state and federal courts located in St. Louis County, Missouri have exclusive jurisdiction over any dispute arising out of these Terms or the App, except that either of us may bring an individual claim in small claims court.

If you are a consumer residing outside the United States, nothing in this section deprives you of the protection of the mandatory consumer laws of the country where you live, or of your right to bring proceedings there.

Before filing anything, please contact us using the details in Section 15 and give us 30 days to work it out with you. Most problems are a bug, a misunderstanding, or a refund question, and we would much rather fix it.

17. Changes to these terms

We may update these Terms from time to time — for example, if the App changes or the law does. When we do, we'll post the revised Terms on this page and update the effective date above. Changes apply going forward, and continuing to use the App after they take effect means you accept them. If you don't accept a change, stop using the App and delete it from your devices.

18. General

Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and us about the App, and replace any earlier understanding about it.
Severability. If any provision is found unenforceable, the rest stays in effect and the unenforceable provision is limited to the minimum extent necessary.
No waiver. If we don't enforce a provision right away, we haven't waived it.
Assignment. You may not assign or transfer these Terms. We may assign them in connection with a merger, acquisition, or sale of assets relating to the App.
Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control.
Headings. Section headings are for convenience only and do not affect interpretation.