Terms of Service

01 Who may use the Service

You must be at least 18 years old and the parent or legal guardian of any child whose information you enter. The Service is designed for parents and guardians to use with their children — it is not intended for unsupervised use by children, and children may not create accounts, make purchases, or use the Service on their own. You are responsible for supervising your children's use of the Service and for deciding what activities are appropriate and safe for your child.

When you create a child profile or enter information about a child, you confirm that you are that child's parent or legal guardian and that you consent, on the child's behalf, to the data practices described in our Privacy Policy.

02 Your account

You are responsible for keeping your login credentials secure and for all activity that occurs under your account. Provide accurate information when you register and keep it current. Notify us promptly at hello@fruitfulplay.app if you suspect any unauthorized use of your account. You may not share your account or transfer it to anyone else.

03 The Service and its content

Fruitful Play provides Scripture, prayers, real-life games, pretend-play ideas, and practice prompts to help families build character.

Activities, games, prayers, and practice prompts are AI-generated suggestions for a parent to review, judge, and adapt. As the parent or guardian, you remain responsible for deciding what is appropriate and safe for your child. The Service does not provide professional, medical, psychological, therapeutic, legal, or counseling advice, and it is not a substitute for professional help. If your child needs professional support, please consult a qualified professional.

Scripture. Bible verses are quoted verbatim from licensed translations (NIV in English and NVI in Portuguese). The AI does not write, paraphrase, or alter Scripture — it only selects from a curated, verbatim verse store. Bible text remains the property of its respective copyright holders, and required copyright notices appear on the in-app Credits & Scripture screen.

Fair use and availability of AI features. Activities and prayers are generated using third-party AI services, which have real costs and capacity limits. The Service is intended for ordinary personal, family use. To keep it reliable, safe, and affordable for every family, we may set and adjust reasonable technical limits on new AI generation (for example, the number of new activities that can be generated in a day), and we may rate-limit, queue, temporarily pause, or modify AI generation to manage costs, prevent abuse or automated/excessive use, or maintain reliability. We set any such limits well above normal family use, apply them fairly and not arbitrarily, and will not use them to deprive you of the core subscription benefits you have paid for. Revisiting and replaying activities and prayers you have already generated remains available to you as part of your subscription. AI features may also be slow or temporarily unavailable due to third-party outages or maintenance. We do not guarantee unlimited, uninterrupted, or always-immediate generation, and a temporary limit or interruption of new AI generation is not, by itself, a basis for a refund beyond your non-waivable statutory rights (see §15).

We may add, change, or remove features and content at any time to operate, secure, and improve the Service. See §8 for how plan and pricing changes are handled.

04 Subscriptions, free trial, and billing

• Plan. The Service is offered as a single all-family subscription: $7.99/month or $59.99/year, with a 7-day free trial for new, eligible subscribers. Unless stated otherwise, one free trial is available per person/household, and the trial may be limited to first-time subscribers. Prices may vary by region and currency where we make the Service available.
• Where billing happens. Subscriptions are sold and processed through your Apple App Store or Google Play account (we use RevenueCat to manage store billing), and are subject to the applicable store's terms. We do not receive or store your full payment card details.
• Conspicuous disclosure. The in-app purchase screen shows the price, billing period, free-trial length, and auto-renewal terms before you confirm a purchase. That in-store disclosure is the controlling, conspicuous disclosure of these terms; this section is a plain-language backstop.
• Auto-renewal (US and elsewhere as permitted). Your subscription renews automatically at the then-current price at the end of each billing period (monthly or annual) unless you cancel at least 24 hours before the current period ends. Your store account is charged for renewal within 24 hours before the period ends.
• Trial converts to paid. If you do not cancel before the free trial ends, the trial converts to a paid subscription and your store account will be charged. You can cancel during the trial to avoid being charged.
• How to cancel. Manage or cancel your subscription anytime in your App Store or Google Play account settings (not inside the Fruitful Play app — the stores control billing).
• Cancellation vs. deletion — important. Deleting the Fruitful Play app or deleting your Fruitful Play account does NOT cancel your subscription and does not stop future charges. To stop charges, you must cancel through your App Store or Google Play account.
• Refunds. Except where required by law (see §15 on statutory withdrawal/regret rights), payments are non-refundable, and partial billing periods are not refunded. Refund requests for store purchases are handled by Apple or Google under their own refund policies. For App Store warranty refunds, see §13.
• Regional availability. Regional pricing (for example, Brazilian Real) applies only where we have enabled it. The Service may be available only in supported regions until we expand.

05 Acceptable use

You agree not to: misuse, interfere with, or disrupt the Service or its infrastructure; attempt to gain unauthorized access to any account, system, or data; probe, scan, or test the vulnerability of the Service; reverse engineer, decompile, or disassemble the Service except to the extent that restriction is prohibited by law; scrape, copy, or harvest content except as the Service normally allows; resell, sublicense, rent, or commercially exploit the Service without our written permission; remove or obscure any proprietary notices; or use the Service to violate any law or the rights of others.

06 Intellectual property and your content

Our IP. We and our licensors own the Service, including the Fruitful Play brand, logo, wordmark, software, design, generated activity content, and other original materials (excluding Bible text, which belongs to its copyright holders). We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your family's personal, non-commercial use, subject to these Terms.

Your content. Content you enter or generate through the Service — for example, child nicknames, interests, notes, After-Play Feedback, and "describe a struggle" free text ("Your Content") — remains yours. You grant us a worldwide, royalty-free, non-exclusive license to host, store, process, and display Your Content solely to operate, secure, and improve the Service for you, consistent with our Privacy Policy. We do not use Your Content to train AI models, and "describe a struggle" text is treated as private to your account, as described in the Privacy Policy. This license ends when Your Content is deleted from our active systems, except for residual copies in routine backups and any records we must keep by law.

07 Termination

You may stop using the Service and delete your account at any time through the in-app account-deletion option (remember, per §4, deletion does not cancel your store subscription). We may suspend or terminate your access, with or without notice, if you violate these Terms, if required to protect the Service or other users, or if we discontinue the Service. On termination, your license to use the Service ends. Sections that by their nature should survive termination — including §6 (IP and the content license), §9 (Disclaimers), §10 (Limitation of liability), §11 (Indemnification), §13 (Apple/Google terms), §14 (Dispute resolution), §15 (Consumers' statutory rights), and §16 (General) — survive.

08 Plans, pricing, and changes

We want the flexibility to evolve the Service over time. Subject to applicable consumer-protection law and to the notice rules below, we reserve the right to:

• change subscription prices;
• introduce, modify, rename, combine, split, or discontinue subscription tiers, plans, features, and add-ons;
• move features between plans or tiers, or change what any given plan or tier includes; and
• offer promotional pricing, discounts, bundles, or grandfathering to some or all users, at our discretion.

Features and pricing available today are not guaranteed to remain in the same plan, tier, or at the same price in the future. Any new feature, beta, or add-on may be offered, changed, or withdrawn at our discretion.

These changes apply prospectively only — they never change the price you have already paid for a billing period already in progress — and we apply them with consumer-compliant notice:

• Price increases: we will give you at least 30 days' advance notice (by in-app notice, email, and/or through the app store, as required) before a price increase takes effect for your subscription. You have the right to cancel before the increase takes effect; if you do not cancel and continue your subscription into the next billing period, the new price applies to that and later periods. Where the app store requires your renewed, affirmative consent to a price increase, that store process controls.
• Other material adverse changes: for material changes that reduce core functionality you rely on, we will provide reasonable advance notice. Your continued use of the Service after the change takes effect constitutes acceptance of the change; if you do not accept it, your remedy is to cancel your subscription (see §4) before the next billing period.

These flexibility rights are not a right to make arbitrary or abusive unilateral changes; we will exercise them reasonably and consistently with your statutory rights under §15.

09 Disclaimers

EXCEPT WHERE PROHIBITED BY LAW (SEE §15), THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that AI-generated suggestions will be accurate, complete, or suitable for your family's situation. You are responsible for reviewing and adapting AI-generated suggestions before using them with your child. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you, and you may have additional rights under §15.

10 Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW (SEE §15):

• Fabiana Skubic AND OUR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US (OR PAID THROUGH THE APP STORES FOR THE SERVICE) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (b) US $100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law — for example, liability for death or personal injury caused by negligence, for fraud, or for any other liability that applicable law does not permit to be limited.

Savings clause. If any limitation or exclusion in §9, §10, or §11 is held unenforceable, invalid, or void for a particular user or claim under applicable law (including the consumer laws referenced in §15), that limitation or exclusion will be reduced and applied to the maximum extent permitted by that law, rather than being struck out entirely, and the remaining limitations will continue to apply.

11 Indemnification

To the extent permitted by applicable law (and except where prohibited as to consumers under §15), you agree to indemnify and hold harmless Fabiana Skubic and its successors, assigns, and service providers from and against any third-party claims, damages, liabilities, costs, and reasonable attorneys' fees arising out of: (a) your misuse of the Service; (b) your violation of these Terms or of applicable law; or (c) your violation of the rights of a third party. We will give you reasonable notice of any such claim and may participate in the defense with our own counsel at our expense. This section does not apply where it is unenforceable against a consumer under mandatory local law.

12 Changes to these Terms

We may update these Terms from time to time. We will post the updated Terms with a new effective date and, for material changes, provide more prominent notice (such as in-app or by email). Changes take effect when posted unless we say otherwise. Continued use of the Service after changes take effect means you accept the revised Terms; if you do not accept them, you may stop using the Service and cancel any subscription (see §4). Material changes will not apply retroactively to a billing period already paid for.

13 Apple App Store and Google Play terms

These additional terms apply when you download or use the Service through an app store. To the extent these Terms conflict with an app store's terms for billing, the store's billing terms control.

Apple — Licensed Application End User License Agreement (minimum terms). If you obtained the app from the Apple App Store, the following apply, and the term "you" means the end user:

• 1. Acknowledgement. These Terms are between you and Fabiana Skubic only, not with Apple. Fabiana Skubic, not Apple, is solely responsible for the app and its content.
• 2. Scope of license. The license granted to you for the app is a limited, non-transferable license to use the app on any Apple-branded device that you own or control, as permitted by the App Store Terms of Service.
• 3. Maintenance and support. Fabiana Skubic, not Apple, is solely responsible for providing any maintenance and support for the app. Apple has no obligation to furnish any maintenance or support services.
• 4. Warranty. Apple has no warranty obligation with respect to the app. To the maximum extent permitted by law, if the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) you paid for the app; beyond that, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are Fabiana Skubic's responsibility.
• 5. Product claims. Fabiana Skubic, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your use of it, including: (a) product liability claims; (b) any claim that the app fails to conform to a legal or regulatory requirement; and (c) claims arising under consumer-protection or privacy law.
• 6. Intellectual property. In the event of any third-party claim that the app or your use of it infringes that third party's intellectual property rights, Fabiana Skubic, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
• 7. Legal compliance. You represent and warrant 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 listed on any U.S. Government list of prohibited or restricted parties.
• 8. Developer contact. Questions, complaints, and support requests about the app should be directed to hello@fruitfulplay.app.
• 9. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Google Play. If you obtained the app from Google Play, your use is also subject to the Google Play Terms of Service. You acknowledge that Google is not a party to these Terms and is not responsible for the app or its content; that Fabiana Skubic, not Google, is responsible for maintenance, support, warranty, and any product, infringement, or legal-compliance claims relating to the app; and that to the extent these Terms grant rights to Google or limit our liability in a way Google requires, Google is an intended beneficiary. Refunds for Google Play purchases are handled by Google under its policies.

Support contact (all platforms). For help with the Service on any platform, contact us at hello@fruitfulplay.app.

14 Dispute resolution — arbitration and class-action waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT AND TO PARTICIPATE IN A CLASS ACTION.

a. Agreement to arbitrate. Except for the carve-outs in (c), you and Fabiana Skubic agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court. Arbitration will be administered by a established consumer-arbitration provider (for example, the American Arbitration Association) under its consumer arbitration rules then in effect. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this section, except as provided below. Arbitration uses an individual arbitrator, is less formal than court, and the arbitrator can award the same individual relief a court could. Judgment on the award may be entered in any court with jurisdiction.

b. Class-action waiver. YOU AND Fabiana Skubic AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) will be severed and may proceed in court, while all other claims remain in arbitration.

c. Carve-outs (claims not subject to arbitration). This section does not require arbitration of:

• Small-claims court. Either party may bring an individual claim in a small-claims court if the claim qualifies and stays in that court.
• Injunctive/IP relief. Either party may seek injunctive or equitable relief in court to stop unauthorized use, infringement, or misuse of intellectual property.
• California public injunctive relief. Claims for public injunctive relief (relief that primarily benefits the general public, as recognized in McGill v. Citibank) are not subject to arbitration or to the class-action waiver and may be brought in court; if a court finds this carve-out unenforceable, the remainder of this §14 remains in effect.

d. 30-day right to opt out. You may opt out of this arbitration section (including the class-action waiver) within 30 days of first accepting these Terms by sending written notice to hello@fruitfulplay.app with the subject line "ARBITRATION OPT-OUT," and including your name and the email associated with your account. If you opt out, disputes will be resolved in court under §16, and opting out will not affect any other part of these Terms. This opt-out applies only to the version of these Terms in effect when you opt out.

e. Consumers outside the US. This §14 applies only to the extent permitted by the mandatory consumer-protection law of your country of residence. Where local law gives you a non-waivable right to bring a claim in your home courts (see §15), this section does not override that right.

15 Consumers' statutory rights

Nothing in these Terms takes away rights you have as a consumer that cannot be waived or limited under the mandatory law of your country or state of residence. Where those laws apply, they prevail over any conflicting term in these Terms (including §9, §10, §11, and §14), and the conflicting term is limited or modified only to the minimum extent needed to comply — see the savings clause in §10.

• Right to sue at home. If you are a consumer, you may have a non-waivable right to bring proceedings in the courts of the place where you live, regardless of the governing-law and venue terms in §16.
• European Union / United Kingdom. If you are an EU/UK consumer, mandatory consumer-protection and unfair-terms laws apply, and you may have a 14-day right of withdrawal for distance-purchased subscriptions (subject to the rules on digital content and services you ask to start during the withdrawal period). Unfair terms are not binding on you.
• Brazil (Código de Defesa do Consumidor). If you are a Brazilian consumer, the CDC applies, including your 7-day right of regret (direito de arrependimento) for purchases made outside a physical establishment (CDC Art. 49), and the CDC's limits on terms that waive or reduce consumer rights, impose disproportionate obligations, or limit a supplier's liability (CDC Art. 51). To the extent the "as is" disclaimer (§9), liability cap (§10), indemnification (§11), or arbitration (§14) are unenforceable against you under the CDC, they do not apply to you, and the savings clause in §10 reduces any limitation to the minimum the CDC permits.

16 General

• Governing law. These Terms are governed by the laws of the State of North Carolina, USA, and applicable U.S. federal law, without regard to conflict-of-laws principles — except where the mandatory consumer-protection law of your country or state of residence requires otherwise (see §15).
• Venue. For any dispute not subject to arbitration under §14 and not within a consumer's home-court right under §15, the state and federal courts located in North Carolina will have jurisdiction, and you and we consent to that venue.
• Severability and reformation. If any provision of these Terms is held invalid or unenforceable, that provision will be reformed and enforced to the maximum extent permitted by law to reflect its original intent, and the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later. Any waiver must be in writing to be effective.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and supersede any prior agreements on that subject. The applicable app store's billing terms control over these Terms only as to billing matters (see §4 and §13).
• Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms, in whole or in part, to an affiliate or to a successor in connection with a reorganization, the formation of a new operating entity (for example, when the operator transitions from an Individual / Sole Proprietor to Fruitful Play LLC), a merger, an acquisition, or a sale of assets, with notice to you (by in-app notice, email, or by posting an updated operator name in these Terms). Your rights under these Terms are not diminished by such a transfer.
• Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, internet or utility failures, or failures of third-party providers (including the app stores and cloud infrastructure).
• Notices. We may provide notices to you by in-app message, by email to the address on your account, or by posting on the Service. You may send notices to us at hello@fruitfulplay.app or by mail to the address in §17. It is your responsibility to keep your account email current.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us.

17 Contact

Questions, complaints, support, or legal notices:

Email: hello@fruitfulplay.app
Operator: Fabiana Skubic
Mailing address: 2213 Virginia Dare Pl, Raleigh, NC 27610, USA