Terms & Conditions

 

Welcome to Drakey

These Terms & Conditions ("Terms") govern your access to and use of the Drakey mobile application and any related websites, services, or features (together, the "Service"). The Service is provided by [Drakey LLC], with offices at [COMPANY ADDRESS] ("Drakey," "we, us, or our").

Drakey is designed for children under the age of eight. Because of that, these Terms are a contract between Drakey and the parent or legal guardian who downloads the app, creates an account, and permits a child to use the Service. By installing, accessing, or using the Service, you confirm that you are at least 18 years old and that you have read, understood, and agreed to these Terms, our Notice to Parents, and our Disclaimer.

1. Who May Use the Service

1.1 Parental Consent and Supervision

Children may use Drakey only if a parent or legal guardian has set up the account, provided the consents required by our Notice to Parents, and accepted these Terms on the child's behalf. You agree to supervise your child's use of the Service and to be responsible for all activity that occurs under your account.

1.2 Account Information

You agree to provide accurate, current, and complete information during setup, and to keep that information up to date. You are responsible for safeguarding your account credentials and for any activity that occurs through your account.

2. Your Use of the Service

2.1 License to Use

Subject to your compliance with these Terms, Drakey grants you and your child a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service for personal, non-commercial purposes.

2.2 Restrictions

You agree that you will not, and you will not allow any person, including your child, to:

  1. Copy, modify, distribute, sell, lease, sublicense, or create derivative works based on the Service or any content available through it, except as expressly permitted by these Terms;

  2. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software that is part of the Service, except where applicable law prohibits this restriction;

  3. Use any robot, scraper, or other automated means to access the Service or collect information from it;

  4. Circumvent, disable, or interfere with security or content-protection features of the Service;

  5. Use the Service to violate any applicable law or regulation, or to infringe any third-party right, including any intellectual property or privacy right;

  6. Use the Service in any way that could damage, disable, overburden, or impair it, or interfere with any other party's use of the Service;

  7. Use the Service to send unsolicited communications, advertising, or promotional material; or

  8. Use the Service for any commercial purpose without our prior written consent.

3. Content

3.1 Drakey Content

The Service includes videos, audio, images, text, graphics, software, logos, and other materials provided by Drakey or its licensors (collectively, "Drakey Content"). Drakey Content is owned by [Drakey LLC] or its licensors and is protected by intellectual property and other laws. Except for the limited license granted to you in Section 2.1, no right or license is granted to you in any Drakey Content.

3.2 Third-Party Content

The Service may include content provided by third parties. Third-party content is the responsibility of the entity that makes it available. Drakey is not obligated to host, monitor, or display third-party content and may remove or restrict access to any content at its discretion.

3.3 Reporting Content

If you believe content on the Service violates these Terms or applicable law, you may report it through the in-app reporting feature or by contacting support@drakey.app.

4. Privacy and Children's Information

Our collection and use of personal information are described in our Notice to Parents, which is incorporated into these Terms by reference. By accepting these Terms, you also acknowledge and consent to the practices described in the Notice to Parents.

5. Changes to the Service

We are constantly developing and improving the Service. We may add, modify, or remove features, content, or functionality at any time, and we may suspend or discontinue all or part of the Service. Where a change materially and adversely affects your use of the Service, we will provide reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security or operability issues.

6. Suspension and Termination

6.1 By You

You may stop using the Service at any time and may delete your account by following the in-app instructions or by contacting support@drakey.app.

6.2 By Drakey

We may suspend or terminate your access to all or part of the Service if (a) you materially or repeatedly breach these Terms; (b) we are required to do so to comply with a legal requirement or court order; or (c) we reasonably believe your or your child's conduct creates risk or liability for Drakey, our users, or third parties. Where reasonable and lawful, we will provide notice of the reason for suspension or termination.

6.3 Effect of Termination

Upon termination, your right to use the Service will end immediately. Sections of these Terms that by their nature should survive termination (including ownership provisions, warranty disclaimers, limitations of liability, indemnification, and dispute-resolution provisions) will survive.

7. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Drakey disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Additional disclaimers are set out in our Disclaimer, which is incorporated into these Terms by reference.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Drakey will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, use, or goodwill, arising out of or relating to the Service. Drakey's aggregate liability for any claim arising out of or relating to the Service is limited as described in our Disclaimer.

9. 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 Terms, or (iii) your violation of any third-party right.

10. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or to the Service will be governed by the laws of the State of [STATE — default: California], without regard to its conflict-of-laws principles. Subject to Section 11, the state and federal courts located in [STATE — default: California] will have exclusive jurisdiction over any dispute that is not subject to arbitration, and you and Drakey consent to the personal jurisdiction of those courts.

11. Dispute Resolution

[OPTIONAL — to be confirmed by counsel.] Any dispute arising out of or relating to these Terms or the Service will first be addressed through good-faith informal negotiation. If the dispute is not resolved within sixty (60) days, either party may submit the dispute to binding arbitration administered by [ARBITRATION PROVIDER] under its then-current consumer arbitration rules, in [STATE — default: California]. Notwithstanding the foregoing, either party may bring an individual claim in small-claims court for disputes within the scope of that court's jurisdiction. The parties waive any right to participate in a class, collective, or representative action to the extent permitted by law.

12. Changes to These Terms

We may revise these Terms from time to time. If we make material changes, we will provide reasonable advance notice (for example, by email to the parent of record or by in-app notification). If you do not agree to the revised Terms, you must stop using the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of them.

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with the Notice to Parents and the Disclaimer, constitute the entire agreement between you and Drakey regarding the Service and supersede any prior agreements between you and Drakey on the same subject matter.

13.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

13.3 No Waiver

Our failure to enforce any provision of these Terms will not be a waiver of our right to do so later.

13.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

13.5 Notices

We may provide notices to you by email to the parent of record or by in-app notification. You may provide notices to us at support@drakey.app.

14. Contact Us

Email: support@drakey.app