Disclaimer

 

This Disclaimer governs your use of the Drakey mobile application and any related websites, content, or services (collectively, the "Service"), provided by ("Drakey," "we, us, or our"). By accessing or using the Service, you acknowledge that you have read, understood, and agreed to this Disclaimer in addition to our Terms & Conditions and Notice to Parents.

1. “As Is” Service

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRAKEY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

Drakey does not warrant that the Service will be uninterrupted, error-free, secure, free of viruses or other harmful components, or that defects will be corrected. You use the Service at your own risk.

2. Content and Age-Appropriateness

Drakey is designed for children under the age of eight, and we work to make content available in the app age-appropriate for that audience. However, no system of content review is perfect. Drakey uses a combination of automated filters and human review, and despite our efforts, content that you, as a parent, may not find suitable for your child may occasionally appear.

Drakey does not guarantee that any particular piece of content will be educational, accurate, current, complete, free of errors, or appropriate for every child. Parents are responsible for supervising their children's use of the Service and for using available parental controls (such as content age range, search settings, and block features) to manage the experience.

If you encounter content you believe is inappropriate, please report it through the in-app reporting feature or by contacting support@drakey.app.

3. Third-Party Content and Links

The Service may display content created by third parties or contain links to third-party websites, applications, products, or services. Drakey does not control, endorse, or assume responsibility for any third-party content, websites, or services. Your interactions with any third party, including third-party content creators, are solely between you (the parent) and that third party. We are not a party to those interactions and are not responsible for any loss or damage arising from them.

4. No Professional Advice

Content available through the Service is intended for general entertainment and learning. It is not professional advice. Drakey does not provide medical, psychological, developmental, educational, legal, or other professional advice, and content in the Service should not be relied on for any such purpose. Always consult a qualified professional for advice specific to your child.

5. Parental Supervision

Drakey is a supplement to, not a substitute for, active parental supervision. We strongly encourage parents to review content with their children, use the parental controls described in our Notice to Parents, and take an active role in shaping their child's media experience.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DRAKEY, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

  • Your access to, use of, or inability to access or use the Service;

  • Any content available through the Service, including content provided by third parties;

  • Any unauthorized access to or use of our servers and any personal information stored on them;

  • Any interruption, error, defect, virus, or transmission failure in connection with the Service; or

  • Any conduct or content of any third party on the Service.

In jurisdictions that do not allow the exclusion or limitation of certain damages, Drakey's liability shall be limited to the maximum extent permitted by law. Nothing in this Disclaimer is intended to exclude or limit any liability that cannot be excluded or limited under applicable law (for example, liability for gross negligence, willful misconduct, or, where applicable, personal injury caused by negligence).

7. Aggregate Liability Cap

To the maximum extent permitted by law, the total aggregate liability of Drakey arising out of or relating to the Service, regardless of the legal theory, will not exceed the greater of (a) the amount you have paid Drakey, if any, in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

8. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Drakey and its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your or your child's use of the Service; (ii) your violation of these documents or applicable law; or (iii) your violation of any third-party right, including any intellectual property or privacy right.

9. Changes

We may update this Disclaimer from time to time. The updated version will be indicated by a new "Effective Date" and will be effective as soon as it is accessible. Your continued use of the Service after the changes become effective will constitute your acceptance of the revised Disclaimer.

10. Contact

Questions about this Disclaimer should be directed to support@drakey.app.