Funwave Studio

Introduction

Welcome! This App is published by or on behalf of “Funwave Studio”.

By downloading or otherwise accessing the App, you agree to be bound by the following terms and conditions (“Terms”) and our privacy policy. If you have any queries about the App or these Terms, you can contact us by any of the means set out in the Contact Us section of these Terms. If you do not agree with these Terms, you must stop using the App immediately.

General

The App is available for your personal use. The App must not be used for any commercial purpose or any illegal or unauthorized purpose. When you use the App, you must comply with all applicable Portuguese and international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).

You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but not limited to, you agree not to:

1. Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
2. Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
3. Modify, adapt, translate, or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

Content

The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics, and video messages, the selection and arrangement thereof, and all source code, software compilations, and other material (“Material”) is owned by or licensed to Funwave Studio LLC or its group companies. All rights are reserved. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever, or use the Material without Funwave Studio LLC’s express permission.

The trademarks, service marks, and logos (“Trade Marks”) contained on or in the App are owned by Funwave Studio LLC or its group companies or third-party partners of Funwave Studio LLC. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Funwave Studio LLC or the relevant group company or the relevant third-party partner of Funwave Studio LLC.

Payment Processing

Payment processing services for Parents, Students, and Tutors on Funwave Studio LLC are provided by Apple, Inc. or Google, Inc., collectively the (“App Stores”) and are subject to the App Stores Agreements. By agreeing to these Terms or continuing to operate as a user on the App, you agree to be bound by the App Store Agreements.

Funwave Studio LLC’s Rights & Responsibilities

We do not guarantee that the App will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors, or omissions.

For example, there may be times when the App is unavailable due to maintenance or technical problems. We may also change, suspend, or discontinue certain the App without giving you prior notice.

We will not be responsible for third-party content that we host or display on the App such as third-party games or advertising.

We will not be liable for any loss, damage, or upset that you suffer as a consequence of any event disseminating from the App becoming temporarily or permanently unavailable.

We (and any third-party content provider, or their respective agent), are not responsible for the following types of loss or damage which may arise from your use of the App:

• temporary, intermittent, or permanent connection loss;
• damage to your computer system or loss of data (whether due to a virus or other malicious software or not), except where this is caused by us not using reasonable care and skill;
• loss, damage, or upset that you suffer as a consequence of the actions of another user;
• loss or damage which is caused by us when it does not comply with the Terms but which we and you could not anticipate nor expect to happen when you started using the App;
• any loss which is indirect or a side effect of the main loss or damage and which we and you could not anticipate nor expect to happen when you started using the App, for instance, if you lose revenue or salary, profit, opportunity, or reputation; and
• any loss or damage if the App is not provided to you or is interrupted or suspended or if we do not comply with the Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike, or other official or unofficial labor dispute, civil commotion or other act or event beyond our reasonable control.

Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence, or for fraud.

The App is provided on an ‘as is’ and ‘as available’ basis. We do not make any representation, guarantee, or promise in respect of the App, including, without limitation, any statements made by other users, third parties, and/or advertisers on or via the Services. We may change the App at any time at our discretion. We may also make different features or promotions in our App available to different users so your experience of using the App may not be identical to other users.