Terms of Service for the Smart Kiddo Mobile App

These Terms of Service ("Terms") govern the use of the Smart Kiddo mobile application available on the Apple App Store (iOS) and Google Play (Android) — an educational game for children ages 3–8.

These Terms are written primarily for parents and legal guardians who download and install the app for their children. We do our best to use plain, parent-friendly English — but where the law requires it, we cite specific legal bases under Polish law and applicable EU/EEA, UK, and U.S. consumer protection rules.

Important upfront. Smart Kiddo is distributed exclusively through the Apple App Store and Google Play. The seller and party to the purchase contract is always Apple or Google — not Lingsoftware. These Terms govern your use of the app itself and its content (end-user license) and our obligations as the app provider. Purchase, payment, and refunds are governed by the rules of the relevant store — see Section 7.

1. General provisions and definitions

1.1 Provider

The provider and developer of the app is:

Tymoteusz Pasieka, doing business as Lingsoftware Tymoteusz Pasieka
ul. Narcyzowa 55J, 42-224 Częstochowa, Poland
Tax ID (NIP): 9492117912
Business registry (REGON): 242957779
Email: tymoteusz.pasieka@smartkiddo.app

For matters concerning these Terms, complaints, or general support, please contact us at the email above with the subject line "Terms of Service" or "Complaint".

1.2 Scope of these Terms

These Terms set out:

• the type and scope of services we provide through the app,
• the license to use the app and its content,
• the rights and obligations of you and us,
• payment and subscription terms to the extent they apply to us,
• the complaint procedure,
• the protection of minors.

These Terms do not govern the purchase contract you enter into with the store (Apple App Store / Google Play). Those contracts are governed by Apple's and Google's respective terms.

1.3 Definitions

The following defined terms appear throughout:

• App or Smart Kiddo — the Smart Kiddo mobile application together with all digital content (game boards, graphics, sounds, fun-fact recordings, AI Assistant), in its iOS and Android versions.
• Lingsoftware or we, us, our — Tymoteusz Pasieka, doing business as Lingsoftware Tymoteusz Pasieka, with details as in Section 1.1.
• User or you, your — an adult (parent or legal guardian) who downloads the app and accepts these Terms in order to make the app available to a Child.
• Parent or Guardian — used interchangeably with "User" with respect to responsibility for a Child's use of the app.
• Child — a minor aged 3–8 using the app under the supervision of a Parent.
• Board — a single content module (e.g. "Jungle", "Farm", "Kitchen", "Preschool", "Human Body") containing puzzles, fun-facts, and interactions.
• Digital Content — all content delivered through the app: boards, puzzles, graphics, sounds, fun-facts, AI Assistant responses.
• Store — the Apple App Store or Google Play — the distribution platform for the app and the seller in any purchase you make.
• Subscription — an access model based on a recurring, automatically renewing fee charged by the Store.
• One-time Purchase — an access model based on a single, one-off fee charged by the Store.
• Parental Gate — the in-app mechanism that verifies an adult is present before granting access to settings, purchases, and advanced features.
• AI Assistant — an optional in-app feature in which responses are generated by language models (Apple Intelligence and/or OpenAI).
• Privacy Policy — the separate document describing how personal data is processed in the app, available at: https://smartkiddo.pl/polityka-prywatnosci

2. At a glance — what you should know

In short:

• The app is built for children ages 3–8 and is meant to be used with a Parent present — especially during setup, purchases, and any change to settings.
• The first board is free — you can try the app without paying.
• Other boards and full access are paid. We may offer a one-time purchase model, a Subscription model, or both — current options and prices are visible in the Store before you buy.
• All payments go through the App Store or Google Play. They are the seller and they handle any refund requests. Lingsoftware never sees your payment data.
• You manage and cancel any Subscription in your App Store / Google Play account settings, not with us.
• No ads, no behavioral tracking, no data collection from your Child beyond technical minimums — full details in our Privacy Policy.
• Complaints about how the app works come to us by email; complaints about purchases or refunds go to Apple or Google.
• We may update these Terms. We'll give you at least 14 days' notice before any material change takes effect.

3. What the service is and what it covers

3.1 What Smart Kiddo is

Smart Kiddo is an interactive educational app for children ages 3–8, combining play-based learning with hand-drawn artwork and a warm audio layer.

The app contains 5 themed boards:

• Jungle — tropical fauna and flora,
• Farm — animals and farm work,
• Kitchen — food, flavors, cooking,
• Preschool — everyday social situations,
• Human Body — anatomy for the youngest.

Each board contains 30+ puzzles across 9 interaction types (sorting, matching, sequences, grouping, and others) and audio fun-facts — short recordings prepared manually by our team and tailored to a Child's age.

3.2 Optional features

• AI Assistant — an optional educational feature that lets a Child ask questions by voice and hear spoken answers. It runs locally on the device (Apple Intelligence, iOS 26+ on supported hardware) or in the cloud (OpenAI). The feature is off by default and must be activated by a Parent.
• Parental Gate — protects access to settings and purchases (see Section 9).
• Multiple languages — the app is available in Polish and English. We may add further languages as the app evolves.

3.3 Platforms

• iOS — available on the Apple App Store.
• Android — available on Google Play. These Terms apply to the Android version on the same basis as the iOS version.

3.4 What the app does not contain

For full clarity:

• no ads of any kind (no banners, no video ads, no sponsored content),
• no behavioral tracking or ad targeting,
• no external clickable links for the Child,
• no in-app communication between the Child and other users (no chat, no comments, no social profiles),
• no user-generated content (UGC).

3.5 Nature of the app

Smart Kiddo is an educational and entertainment tool. It is not a diagnostic, therapeutic, or medical tool, and does not replace the work of a teacher, speech therapist, child psychologist, or medical professional.

4. Technical requirements

To use the app you need:

• a mobile device (iPhone, iPad, or Android device) meeting the minimum requirements stated on the app's Store page. Minimum requirements may change with operating system updates.
• a current operating system version (iOS or Android) supported by the app,
• an internet connection — required to download the app and Digital Content, to use the AI Assistant in cloud mode, and to receive updates,
• sufficient free storage on the device,
• audio output (built-in speaker or headphones) — the app relies heavily on audio,
• an Apple App Store or Google Play account to download the app and make any purchases.

Some features (such as the on-device AI Assistant) require compatible hardware — see in-app indications and the Privacy Policy.

5. Contract formation and acceptance of these Terms

5.1 When the contract is formed

Downloading the app from the Store and installing it on your device constitutes the conclusion of a digital-content supply contract between you and Lingsoftware on the basis of these Terms (Article 43k of the Polish Consumer Rights Act, implementing Directive (EU) 2019/770). This contract is separate from the purchase contract you conclude with the Store at payment.

5.2 Who can enter into this contract

Only adults with full legal capacity may accept these Terms and form a contract with Lingsoftware.

A Child uses the app under the supervision and responsibility of a Parent, who accepts these Terms on their own behalf and — to the extent allowed by law — on behalf of the Child. The Parent is responsible for how the Child uses the app.

5.3 No account required

The app does not require an account on Lingsoftware servers. We do not collect User email addresses or passwords. Sessions are identified through anonymous device identifiers as described in the Privacy Policy.

6. Payments, One-time Purchases, and Subscriptions

6.1 First board is free

The first board in the app is available free of charge, with full functionality and without any payment. This lets you evaluate the app before buying.

6.2 Paid access models

We may offer access to the remaining Boards and features in one of the following models (or both at the same time):

• One-time Purchase — a single payment for access to selected Boards or the full bundle, with no time limit.
• Subscription — a recurring fee charged by the Store on a cycle (e.g. monthly, annually), automatically renewing under Store policies, granting access to the full app content while the Subscription is active.

The currently offered model and available options are displayed in the app and in the Store before you complete a purchase.

6.3 The Store is the seller

The seller in any purchase is always Apple Inc. (App Store) or Google LLC (Google Play), not Lingsoftware. As a result:

• payment is charged, settled, and invoiced by the Store using the payment method on file in your Store account,
• Lingsoftware never has access to your card details, bank account, or any other payment data,
• the receipt, invoice, or purchase confirmation comes from the Store.

6.4 Pricing

Current prices are shown in the Store at checkout. Prices may differ by region, currency, Store pricing policy, and active promotions.

These Terms do not list any specific amounts — the binding price is the one displayed in the Store at the moment you complete the purchase.

6.5 Auto-renewal and cancellation of Subscriptions

For Subscriptions:

• Subscriptions auto-renew for the next cycle on Store terms unless you cancel before the current cycle ends.
• Cancellation is done in your Store account settings:
  • App Store: Settings → [Your Name] → Subscriptions → Smart Kiddo → Cancel Subscription,
  • Google Play: Google Play → Profile → Payments and subscriptions → Subscriptions → Smart Kiddo → Cancel.
• To prevent the next renewal, you must cancel at least 24 hours before the current cycle ends (per Store policies).
• Lingsoftware has no technical ability to cancel a Subscription on your behalf or to refund a payment processed by the Store.
• After cancellation, premium access continues until the end of the paid cycle.

6.6 Subscription price changes

Any change to a Subscription price is handled by the Store — typically the Store notifies you in advance and asks you to confirm the new price before charging you a higher amount.

6.7 Apple Family Sharing / Google Play Family Library

Where the Subscription configuration in the Store and Store policies allow it, the app may be shared via Apple Family Sharing or Google Play Family Library. Specifics depend on Store settings and may change over time.

7. Refunds and right of withdrawal

7.1 Refunds are handled by the Store

Because the seller is the Store, all refunds are processed by Apple or Google under their respective policies:

• Apple App Store — refund request: https://reportaproblem.apple.com/
• Google Play — refund policy: https://support.google.com/googleplay/answer/2479637

Lingsoftware has no technical ability to refund payments processed by the Store.

7.2 Right of withdrawal — digital content

Under Article 38(13) of the Polish Consumer Rights Act of 30 May 2014 (transposing the EU Consumer Rights Directive 2011/83/EU as amended), the right to withdraw within 14 days does not apply to a contract for the supply of digital content not delivered on a tangible medium if performance has begun with the consumer's prior express consent and after the consumer was informed that they would lose the right of withdrawal.

In practice: once you download the app or unlock paid content, performance is treated as having begun and the 14-day withdrawal right is exhausted. The Stores apply this rule to in-app purchases.

That said, Apple and Google refund policies are often more generous than the statutory minimum — we recommend using the Store's refund procedure.

7.3 Statutory warranty for digital content (conformity)

Independently of Store refund policies, Lingsoftware is liable to consumers for the conformity of Digital Content with the contract under Articles 43h–43q of the Polish Consumer Rights Act (Chapter 5b, transposing Directive (EU) 2019/770).

This means:

• Digital Content should match the description in the Store and in the app,
• if Digital Content is non-conforming, you may demand that we bring it into conformity, and in defined circumstances request a price reduction or a contract termination,
• conformity is presumed for the period set out in the law (generally 2 years),
• Lingsoftware bears the cost of bringing the content into conformity.

You may file a non-conformity complaint with Lingsoftware (see Section 13) or with the Store as seller — your choice.

7.4 Withdrawal status for Subscriptions

For Subscriptions, the fee charged by the Store for the current billing cycle is not pro-rated upon cancellation, unless the Store policy or mandatory law states otherwise. Cancelling a Subscription stops further auto-renewals.

7.5 Consumers outside Poland

If you are a consumer in another EEA member state, the United Kingdom, or another jurisdiction, you keep the mandatory consumer protection rights of your jurisdiction, including any local right of withdrawal or statutory warranty rights. Where local law is more protective, local law prevails over the provisions above.

For users in the United States, see Section 17 for the application of state-level consumer protection laws.

8. License to use the app

8.1 License grant

Upon download, Lingsoftware grants you a non-exclusive, non-transferable, worldwide license to use the app and Digital Content for:

• installation on devices belonging to you and your immediate family in line with Store policies (e.g. Family Sharing),
• use of the app consistent with its intended purpose and functionality,
• the duration of the Subscription — for content delivered through it,
• the duration of access — for content acquired through One-time Purchase, until you uninstall the app or delete your Store account.

The license is granted for personal, non-commercial use only, by you and the Child.

8.2 Restrictions

To the extent permitted by mandatory law, you may not:

• decompile, disassemble, or otherwise reverse-engineer the app (except as expressly allowed by Article 75(2)–(3) of the Polish Copyright and Related Rights Act, EU Directive 2009/24/EC, or equivalent provisions of your jurisdiction),
• copy, modify, redistribute, or publish Digital Content (boards, graphics, sounds, fun-facts, AI responses) on any channel,
• use the app or Digital Content commercially — including in a business, in paid services, or in derivative products,
• circumvent technical protection measures, including payment and access controls,
• use Digital Content to train, fine-tune, or evaluate artificial-intelligence models (language models, generative models, image/audio recognition models) without Lingsoftware's prior written consent,
• make the app available to third parties other than as permitted by the Store,
• use the app in any way that violates law, public morals, or the rights of Lingsoftware or third parties.

8.3 Intellectual property

All elements of the app — source code, boards, graphics, sounds, fun-facts, interaction designs, layout, the Smart Kiddo brand and logo — are the exclusive property of Lingsoftware or its licensors, and are protected by copyright, industrial property law, and other applicable rules.

Infringement entitles Lingsoftware to pursue claims under applicable law.

9. Protection of minors and parental controls

The app is designed for children ages 3–8 and meets the heightened protections required by the Apple App Store Review Guidelines (Section 1.3 — Kids Category), the Google Play Families Policy, Article 8 of the GDPR, and the U.S. Children's Online Privacy Protection Act (COPPA).

9.1 Parental Gate

Access to app settings, purchases, and activation of advanced features (including the AI Assistant) is protected by a Parental Gate:

• The gate asks for the 4-digit year of birth of an adult and plays a short audio prompt explaining the task — a preschool or early-school child cannot reliably enter a Parent's year of birth.
• The app only verifies that the entered value falls within an adult range. The entered year of birth is not stored on the device, never transmitted to any server, and never recorded in analytics.

The mechanism is also documented in the Privacy Policy.

9.2 No commercial pressure on the Child

• The app shows no ads or sponsored content.
• The app does not use dark patterns directed at children.
• All in-app purchases are accessible only after passing the Parental Gate — never directly by the Child.

9.3 No outbound communication

• The app does not allow the Child to communicate with other users (no chat, comments, or social profiles).
• The app contains no external clickable links for the Child.

9.4 Nature of the content

• Fun-fact recordings are produced manually by the Lingsoftware team — they are not AI-generated.
• Graphics are hand-drawn — not AI-generated.
• The AI Assistant (optional, off by default) operates under the policies described in Section 10 and the Privacy Policy, including child-safe content filters provided by the AI vendors.

9.5 Parent's responsibility

The Parent is responsible for:

• the decision to make the app available to the Child and supervision of its use,
• configuring device-level parental controls (Apple Screen Time, Google Family Link) — including time limits, purchase restrictions, and age ratings,
• the decision to enable the AI Assistant and to choose its mode (on-device / cloud),
• keeping Store login credentials confidential to prevent unsupervised purchases by the Child.

9.6 Concerns about child protection

If you have concerns about how the app handles minors, please email tymoteusz.pasieka@smartkiddo.app — we will respond promptly.

10. AI Assistant — disclaimers

10.1 What the feature is

The app may use artificial-intelligence models (Apple Intelligence on-device and/or OpenAI in cloud mode) to generate responses in the AI Assistant feature. The feature is optional, off by default, and requires Parent activation.

10.2 Quality limitations

AI models may generate responses that are:

• inaccurate, incomplete, or wrong — including so-called "hallucinations" (false information presented as fact),
• simplified for a child's level, but not always precise.

AI Assistant responses do not replace advice from a teacher, doctor, psychologist, or other professional, and should not be relied upon as final answers in health, legal, or other significant matters.

10.3 No profiling of the Child

The AI Assistant does not profile the Child or maintain a persistent conversation record. Data processing details for AI vendors (Apple, OpenAI, ElevenLabs) are described in the Privacy Policy.

10.4 Content safety filters

AI vendors apply child-safe content filters. Despite that, we cannot guarantee that no answer will fall short of a parent's expectations. If the AI Assistant generates a concerning response, please report it to tymoteusz.pasieka@smartkiddo.app — your feedback helps us improve the app.

11. User rights and obligations

11.1 Your obligations

You agree to:

• use the app in line with applicable law, these Terms, and good faith,
• refrain from actions that disrupt the operation of the app, the Store infrastructure, or vendor services (Apple, Google, OpenAI, ElevenLabs, and others),
• not interfere with the app's code or security measures except as expressly permitted by law,
• keep the app updated to the latest supported version — for security and quality,
• not provide unlawful content. The app does not offer any user-generated-content feature, but in any communication you send us (e.g. a complaint), you agree not to include content that is unlawful or infringes third-party rights.

11.2 Consequences of breach

In the event of a breach, Lingsoftware may — proportionately and in line with consumer law — suspend access to features, demand the breach to stop, or pursue claims under applicable law. The Store may also act under its own terms (e.g. suspending Store access).

12. Liability

12.1 Standard of care

Lingsoftware will exercise due diligence to keep the app working, available, and free from material defects. The app is delivered within current technical means and may be subject to occasional interruptions — for instance because of maintenance, OS updates, Apple/Google infrastructure issues, your internet connection, or force majeure.

12.2 Limitations

Lingsoftware's liability to consumers is governed by the Polish Civil Code and the Polish Consumer Rights Act (in particular the statutory warranty for digital content — see Section 7.3).

To the extent permitted by law, Lingsoftware is not liable for:

• consequences of force majeure,
• interruptions or errors caused by third-party infrastructure (Apple, Google, AI vendors, internet providers),
• consequences of your use of the app inconsistent with these Terms or in-app instructions,
• loss of data or content caused by device loss, hardware failure, or your uninstalling the app.

12.3 No exclusion of mandatory liability

Nothing in these Terms limits or excludes Lingsoftware's liability where such limitation or exclusion is not permitted by mandatory law — in particular for personal injury, intentional misconduct, or gross negligence.

13. Complaints

13.1 What to file with us vs. the Store

• Complaints about the app's operation, Digital Content, or the AI Assistant (e.g. bugs, crashes, non-conformity with the description, broken features) — please file with Lingsoftware under the procedure below.
• Complaints about purchases, payments, or refunds (e.g. an accidental purchase, double charge, problem cancelling a subscription) — please file with Apple App Store or Google Play as the seller:
  • Apple: https://reportaproblem.apple.com/
  • Google: https://support.google.com/googleplay/answer/2479637

13.2 How to file a complaint with Lingsoftware

You may submit a complaint:

• by email to tymoteusz.pasieka@smartkiddo.app with the subject "Complaint — Smart Kiddo",
• by post to: Tymoteusz Pasieka, ul. Narcyzowa 55J, 42-224 Częstochowa, Poland.

To help us resolve your complaint, please include:

• your name and email address,
• a description of the issue and when it occurred,
• platform (iOS / Android), app version, device model, and OS version — if possible,
• the resolution you would like (e.g. a fix, a price reduction, or contract termination — within statutory warranty rights),
• any purchase confirmation (Store transaction number) — if the complaint concerns paid content.

13.3 Time to respond

We will respond within 14 days of receiving your complaint, using the same channel (or any channel you specify).

If we do not respond within 14 days, the complaint is deemed accepted under Article 7a of the Polish Consumer Rights Act.

14. Out-of-court dispute resolution

If you are a consumer, you have the right to use out-of-court dispute resolution mechanisms, including:

• mediation by Polish Trade Inspectorates (Wojewódzkie Inspektoraty Inspekcji Handlowej),
• permanent arbitration courts at the Polish Trade Inspectorates,
• assistance from the District Consumer Ombudsman (Powiatowy/Miejski Rzecznik Konsumentów),
• assistance from consumer organizations (e.g. Federacja Konsumentów).

EU Online Dispute Resolution (ODR) platform — for consumers in the European Union and EEA:

https://ec.europa.eu/consumers/odr

The Polish Office of Competition and Consumer Protection (UOKiK) provides additional information for consumers:

https://uokik.gov.pl

Use of out-of-court methods is voluntary and requires the agreement of both parties.

15. Personal data

Lingsoftware processes personal data related to your use of the app as described in the Privacy Policy, available at:

https://smartkiddo.pl/polityka-prywatnosci

In short: the app does not require an account, does not collect emails or passwords, does not collect payment data (purchases are handled by the Store), shows no ads, and does not use device advertising identifiers. Data about your Child is limited to a technical minimum.

The Privacy Policy contains the full information on the data controller, processing purposes, legal bases, recipients, transfers outside the EEA, retention, and your rights.

16. Changes to these Terms

16.1 When we update the Terms

Lingsoftware may update these Terms for valid reasons, in particular:

• changes in law that require adaptation,
• material changes to app features or the monetization model (e.g. the introduction of Subscriptions),
• new vendors or changes to existing vendors,
• security or quality considerations,
• correction of clear mistakes or clarifications.

16.2 How we notify you

We will give you at least 14 days' notice before any material change takes effect:

• through an in-app notice at the next launch,
• and by publishing the updated Terms on the app website (https://smartkiddo.pl/regulamin and in-app under "Terms of Service").

16.3 Your options

If you do not accept the updated Terms, you may stop using the app — uninstall it and, for Subscriptions, cancel through the Store as described in Section 6.5. Continued use of the app after the change takes effect is treated as acceptance of the new Terms.

Minor housekeeping changes (typos, minor clarifications that do not change either party's obligations) are made without active notice; the current version is always available at the address above.

17. Final provisions

17.1 Governing law

Matters not regulated by these Terms are governed by Polish law, in particular:

• the Polish Civil Code of 23 April 1964,
• the Polish Consumer Rights Act of 30 May 2014,
• the Polish Act on the Provision of Services by Electronic Means of 18 July 2002,
• the Polish Act on Copyright and Related Rights of 4 February 1994,
• Regulation (EU) 2016/679 (GDPR).

If you are a consumer residing in another country, you keep the mandatory consumer protection of the law of your habitual residence to the extent that local law is more favorable to you (Article 6 of Regulation (EC) 593/2008 — Rome I — and equivalent provisions outside the EU).

17.2 Forum

For consumer disputes, the competent court is determined under the Polish Code of Civil Procedure — including the court of the consumer's place of residence.

17.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in force. The invalid provision will be replaced by the rule of law or the interpretation that most closely reflects the original intent of the parties, in line with consumer protection law.

17.4 Provisions for users in the United States

• Lingsoftware does not "sell" or "share" personal data within the meaning of the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA). The app does not direct behavioral advertising at children under 13 (COPPA).
• Residents of California and other U.S. states with similar privacy laws (Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Nevada, Delaware, Iowa, New Hampshire, New Jersey, Nebraska, Tennessee, Minnesota, Maryland, Indiana, Kentucky, Rhode Island, Montana) may exercise rights under their state laws — write to the email address in Section 1.1.

17.5 Provisions for users in the United Kingdom

For UK residents, the principles in these Terms apply mutatis mutandis under UK law (UK GDPR, Consumer Rights Act 2015 where applicable). Complaints concerning data may be filed with the Information Commissioner's Office (ICO): https://ico.org.uk

17.6 Version and effective date

• Version: 1.0
• Effective date: 27 April 2026

The current version of these Terms is available at https://smartkiddo.pl/regulamin (Polish) and https://smartkiddo.pl/en/regulamin (English).