01Agreement to these terms
These Terms of Use ("Terms") are an agreement between you and Open Mind Studio LLC, Georgia ("we", "us"), covering the Tiny & Milo app for iPhone and iPad (the "App") and the website openmind.kids.
By downloading, installing or using the App you agree to these Terms and to our Privacy Policy. If you do not agree, please do not use the App.
02Parents and guardians
The App is designed for children, but the person agreeing to these Terms must be a parent or legal guardian who is at least 18 years old and able to enter into a binding agreement. By letting a child use the App, you accept these Terms on the child's behalf and take responsibility for their use of it.
You are responsible for supervising your child, for the device and its settings (including Screen Time, Ask to Buy and passcodes), and for keeping the parent gate PIN private. The App's stories and games are general educational entertainment; they are not medical, psychological or educational advice and are not a substitute for parental care or professional guidance.
03Your licence to use the App
We grant you a limited, personal, non-exclusive, non-transferable and revocable licence to install and use the App on Apple devices that you own or control, for non-commercial family use, in line with the usage rules in Apple's Media Services Terms and Conditions.
Where Apple requires it, Apple's Licensed Application End User Licence Agreement (the "Standard EULA") also applies to the App. If the Standard EULA and these Terms conflict, these Terms apply between you and us to the extent permitted.
05Cancellation, trial and refunds
Cancelling stops future charges. You keep Premium until the end of the period you have already paid for, and no partial refund is issued for the remainder of that period. Any unused part of a free trial is forfeited when you purchase a subscription, where applicable.
Purchases are made through Apple, so refunds are handled by Apple under its own policies. To request one, visit reportaproblem.apple.com or contact Apple Support. We are not able to process App Store refunds ourselves, but we are happy to help you find the right place.
06Restoring purchases
Premium is linked to the Apple ID used to buy it. On a new device, or after reinstalling, open the Parents area, pass the parent gate and tap "Restore Purchases" while signed in with the same Apple ID. Step-by-step help is on our Support page.
07Content, updates and availability
We add new stories and games regularly and may change, replace or retire content and features over time. We may also release updates that you need to install to keep using the App. We aim to keep the App available at all times but cannot guarantee it will be free of interruptions.
Some content requires an internet connection to download. Mobile data charges from your carrier may apply.
08Acceptable use
You agree not to:
- copy, modify, distribute, sell, rent or sublicense the App or any of its content
- reverse engineer, decompile or disassemble the App, except where the law expressly allows it
- bypass or attempt to bypass the parent gate, subscription checks or any other protection
- use the App in any way that is unlawful or that could harm children or other users
09Intellectual property
Tiny, Milo, and all videos, music, narration, artwork, characters, mini-games, text and software in the App, on this website and on our YouTube channel are owned by Open Mind Studio LLC or its licensors and are protected by copyright, trademark and other laws. You may enjoy them for personal, non-commercial use only. Apple, the Apple logo and App Store are trademarks of Apple Inc.
10Privacy
The App collects no personal information from children and contains no advertising or third-party tracking. Our Privacy Policy explains the small amount of non-personal information the App and this website process, and your rights as a parent.
11Third-party services
The App is distributed by Apple, and subscriptions are billed by Apple under the Apple Media Services Terms. Our website links to YouTube and the App Store, which are operated by Google and Apple under their own terms and privacy policies. We are not responsible for third-party services.
12Disclaimer of warranties
The App is provided "as is" and "as available". To the fullest extent permitted by law, we make no warranties, express or implied, including about fitness for a particular purpose, and we do not promise that the App will be uninterrupted, error-free or free of harmful components. Nothing in this section limits rights you have as a consumer that cannot be excluded by law.
13Limitation of liability
To the fullest extent permitted by law, Open Mind Studio LLC is not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of data or profits, arising from your use of the App. Our total liability for all claims relating to the App is limited to the amount you paid us through the App in the twelve months before the claim arose.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by applicable law.
14Termination
You may stop using the App at any time by deleting it; remember to cancel Premium in your Apple ID settings if you no longer want it, as deleting the App does not cancel a subscription. We may suspend or end your access if you seriously or repeatedly breach these Terms.
15Changes to these terms
We may update these Terms from time to time, for example when we add features or when the law changes. The current version is always at openmind.kids/terms with its "Last updated" date. If a change is material, we will give notice inside the App or on this website before it takes effect. Continuing to use the App after that means you accept the updated Terms.
16Governing law and disputes
These Terms are governed by the laws of Georgia. Disputes are subject to the courts of Georgia. If you live in a country whose consumer laws give you mandatory protections or the right to bring claims in your local courts, those rights are not affected by this section.
If something goes wrong, please email us first at contact@openmind.kids. Most problems can be sorted out in a message or two.
17Apple-specific terms
Because the App is distributed through the App Store, Apple requires the following:
- These Terms are between you and Open Mind Studio LLC only, not Apple. Apple is not responsible for the App or its content, and has no obligation to provide maintenance or support for it.
- If the App fails to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price to you. To the maximum extent permitted by law, Apple has no other warranty obligation for the App.
- Apple is not responsible for addressing claims relating to the App or your use of it, including product-liability claims, claims that the App fails to meet a legal or regulatory requirement, and consumer-protection or similar claims.
- If a third party claims that the App infringes its intellectual property rights, we, not Apple, are responsible for investigating, defending, settling or discharging that claim.
- You confirm 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 on any U.S. Government list of prohibited or restricted parties.
- You must comply with any third-party terms that apply when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
18General
These Terms and the Privacy Policy are the entire agreement between you and us about the App. If any part of these Terms is found to be unenforceable, the rest remains in effect. If we do not enforce a provision, that is not a waiver of it. You may not transfer this agreement to anyone else; we may transfer it to a successor of our business, with notice to you.
19Contact
Open Mind Studio LLC, Georgia. Questions about these Terms: contact@openmind.kids.
