What's in these terms?

These terms tell you the rules for using our app.

Who we are and how to contact us

Play Moments app is an app operated by Moonshot Global Consulting Ltd., trading as Play Moments (“we”, “our”, “us”). We are registered in England and Wales under company number 12476332 and have our registered office at Suite2a Blackthorn House, St Pauls Square, Birmingham, West Midlands, United Kingdom, B3 1RL.

To contact us, please email contact@playmoments.app

By using our app you accept these terms

1.    Introduction
1.1.    This document outlines the terms and conditions (Terms and Conditions) governing your access and use of the Play Moments - Parenting App (App), owned by us.
1.2.    Before accessing or using the App, please read these Terms and Conditions thoroughly. If you do not agree with all of these Terms and Conditions, you are prohibited from using the App.
1.3.    These Terms and Conditions are in addition to any other terms that may apply to your use of the App, including our Privacy Policy, which is accessible within this app (Privacy Policy).
1.4.    In these Terms and Conditions, the following terms are defined as:
1.4.1.    “App” refers to the Play Moments - Parenting App as described in clause 1.1.
1.4.2.    “App IP” refers to the intellectual property in the App as outlined in clause 3.1.
1.4.3.     “child” denotes the child engaging with the activities and strategies recommended by the App.
1.4.4.    “Privacy Policy” is as defined in clause 1.3.
1.4.5.    “Profile” means the profile you may create as per clause 5.
1.4.6.    “Term” refers to the duration as specified in clause 9.1.
1.4.7.    “you” and “your” refer to the individual accessing the App and accepting these Terms and Conditions.
1.4.8.    “Your Content” includes all information and data uploaded by you to the App.
1.4.9.    “us”, “we”, and “our” refer to Moonshot Global Consulting Ltd., trading as Play Moments.

2.    Conditions of Use
You are prohibited from accessing or using the App if:
2.1.    you disagree with any part of these Terms and Conditions; or
2.2.    your use of the App, or any person you permit to use the App, could cause harm or damage to any person.

3.    Intellectual Property
3.1.    Ownership
3.1.1.    We own or hold licences for all intellectual property rights in the App, including all contents within the App (App IP).
3.1.2.    You are granted no rights or interests in the App IP, other than the licence provided under clause 3.2.
4.1.3.    No intellectual property in the App IP is transferred to any person under these Terms and Conditions.

3.2.    License
We grant you a non-exclusive, non-transferable, and non-sublicensable licence to use the App IP for the Term, provided you comply with clauses 3.3 and 4. If you do not comply with clauses 3.3 and 4, we may revoke this licence and you will not be able to use the App. When these Terms and Conditions are terminated, this licence also terminates

3.3.    Restrictions on licence
You must not:
3.3.1.    use the App in any way that is prohibited by these Terms and Conditions;
3.3.2.    distribute, publish, sub-license, transfer or otherwise make available any part of the App IP to any other person (for example, this includes publishing any part of the App or the material in the App on the Internet);
3.3.3.    use or change our trade marks, logos, graphics, audio, or other assets included in the App other than for its intended purpose;
3.3.4.    alter, customise, modify or create derivative works of the App IP; or
3.3.5.    use the App IP for any commercial purpose.

4.    Use of the App
4.1.    Permitted use
4.1.1.    You may only access and use the App and App IP for personal or educational purposes. You must not use the App or App IP as part of any business or commercial activities.
4.1.2.    You must not use the App or any data collected from the App:
4.1.2.1.    for any marketing or other business or commercial activity;
4.1.2.2.    in any way that is unlawful, illegal, fraudulent, or harmful; or
4.1.2.3.    in connection with any other activity or purpose that is unlawful, illegal, fraudulent or harmful.

4.2.    Use by other people
4.2.1.    You can let other people use the App and your Profile after you have accepted these Terms and Conditions, but you must always:
4.2.1.1.    make sure that those other people comply with clause 4.1; and
4.2.1.2.    maintain control over the smart-phone or other device on which the App is accessed.
4.2.2.    You are always responsible for any use of the App on your device after you have accepted these Terms and Conditions or use of your Profile by another person, including due to:
4.2.2.1.    you letting that person use the App or your Profile; or
4.2.2.2.    you are not keeping the device on which you have accessed the App secure.

4.3.    Receiving notifications
4.3.1.    You agree to receive electronic messages via device notifications, including reminders and motivational messages. These messages will only come from us.
4.3.2.    You may be able to choose not to receive some notifications by changing the settings on your device or other software.
4.3.3.    You agree that we can send you notifications or messages about the status and security of your Profile, even if you have turned off some notifications.

4.4.    Do not rely on information on this app
The content on our app is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our app.

Although we make reasonable efforts to update the information on our app, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our app is accurate, complete or up to date.

4.5.    User Responsibility for Safety
4.5.1.    While using the App, you are responsible for ensuring that safety is the primary consideration in all activities carried out based on recommendations from the App. It is essential that you assess the safety and appropriateness of any activity considering the environment, the child's abilities, and any potential risks involved.
4.5.2.    You must not engage in or allow children to engage in any activities recommended by the App if you cannot ensure their safety or if doing so would pose any risk of injury or harm to anyone participating. Always adapt or avoid activities that are not suitable for the childrens’ age, skill level, or current conditions.
4.5.3.    You acknowledge that we provide activity recommendations without knowledge of the specific conditions, limitations, and needs of individual users and their environments. It is your duty to make all necessary adjustments to ensure the safety and wellbeing of all participants.
4.5.4.    We disclaim any responsibility for incidents, injuries, or damages resulting from the failure to prioritise safety or from the misuse of the App's recommendations. Your decision to carry out any activity is at your own risk, and you agree to hold us harmless from any claims, liabilities, or damages arising from such activities.

5.    Your Profile
5.1.    General
5.1.1.    You can create a Profile through the App by entering your details into the App.
5.1.2.    If you create a Profile you will create an account within the App. The account will be securely hosted on AWS servers within Europe.
5.1.3.    The information that will be stored on your Profile includes the following information, if you provide it to us through the App:
5.1.3.1.    your email address
5.1.3.2.    your profile nickname
5.1.3.3.    your entries within the memories journal

5.2.    Management of your Profile
5.2.1.    You can manage or remove some information from your Profile in the App.
5.2.2.    You may delete your Profile at any time in the App.
5.2.3.    You must:
5.2.3.1.    notify us immediately if there is any unauthorised access to your Profile; and
5.2.3.2.    not access another person’s Profile unless they clearly tell you that you can.

6.   Your Content
6.1.    If you create a Profile, you will be able to tell us how you and the child are engaging with and responding to the activities and strategies you have used from the App. This information will be stored in your Profile (which is securely hosted as stated in clause 5.1(b)).
6.2.    If you create a Profile, you can also capture and upload photos and videos of you and the child. Any of these photos and videos will be stored locally on your device only and will not be uploaded to us or your Profile.

6.3.    Other than any photos or videos captured or uploaded by you, Your Content will be stored in your Profile.
6.4.    You warrant and represent that Your Content will comply with these Terms and Conditions and will not:
6.4.1.    be illegal or unlawful;
6.4.2.    infringe any person’s (including our) legal rights;
6.4.3.    be libellous or maliciously false;
6.4.4.    be obscene or indecent;
6.4.5.    infringe any right of confidence, right of privacy or right under data protection legislation;
6.4.6.    depict violence; or
6.4.7.    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

7 Privacy and data
7.1.    Privacy
Details of how we collect, store, use and disclose personal information about individuals is outlined in our Privacy Policy.

7.2    Administrative data
You acknowledge and agree that we will be able to access de-identified administrative data from your Profile including:
7.2.1.    usage statistics (including when you access the App, how long you access the App for and which server your device is logged on to);
7.2.2.    your device ID and type of the device you are using to access the App; and
7.2.3.    your selected country and language.

8.    Limitations and exclusions
8.1.    You acknowledge and agree that:
8.1.1.    the App is provided for personal and educational use only;
8.1.2.    you must only use the App if you accept that we will not be responsible for any loss or damage you suffer as stated in this clause 8;
8.1.3.    you must only allow another person to use the App if you have made sure that that person accepts that we will not be responsible for any loss or damage they suffer as stated in this clause 8; and
8.1.4.    you, and any other person you allow to use the App, must make sure that you and they use the App only in ways that will never cause you or any third party any loss or damage if the App malfunctions or fails to operate correctly.

8.2.    We acknowledge that you may have rights under applicable laws which are in addition to those stated in these Terms and Conditions and that we cannot exclude or change, and that these rights may apply to your use of the App. Other than those rights, if any:
8.2.1.    except as stated in these Terms and Conditions, and to the fullest extent allowed by law, we disclaim all warranties in relation to the App;
8.2.2.    we exclude all liability for any loss, liability, damage, expense or cost of any nature or kind; and
8.2.3.    any liability we have to you that is not otherwise excluded by these Terms and Conditions is limited to repairing or replacing the App.

8.3.    You agree that you will not bring any claim personally against our officers or employees in respect of any loss or damage you suffer in connection with the App or these Terms and Conditions.
8.4.    We reserve the right to remove or change any of the App’s services, and to stop publishing the App at any time in our sole discretion and for any reason or no reason.
8.5.    The App may encounter downtime at any time due to maintenance or other technical issues.
8.6.    You are not entitled to any compensation or other payment upon the removal or change of any part of the App, if we stop publishing the App or for any other failure, malfunction or other defect in the App.

9.    Term and Termination
9.1.    These Terms and Conditions apply from the first time you access the App and continue to apply every time you access the App in any way unless terminated earlier by us (Term).
9.2.    If we terminate these Terms and Conditions, you must stop using the App or allowing any other person to use the App.
9.3.    Clauses 3.1, 6(d), 8, 9.2, 11 and this 9.3 survive termination of these Terms and Conditions.
9.4.    Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:
9.4.1.    send one or more formal warnings to you through the App;
9.4.2.    temporarily stop you accessing the App;
9.4.3.    permanently stop you accessing the App; and
9.4.4.    suspend or delete your Profile.
9.5.    If we stop you from accessing the App, you must not take any action to access the App in another way including by creating or using a different Profile.
9.6.    If we remove or stop publishing the App we may terminate these Terms and Conditions.

10.   Platform Terms
10.1.    Other terms
In addition to these Terms and Conditions, your use of the App is subject to any terms and conditions that apply to the platform you use to access the App (such as the terms at www.apple.com/legal and https://play.google.com/about/play-terms.html).

10.2  Apple
If you have downloaded or accessed the App through an Apple service (including the App Store or the iTunes Store), or on an Apple iOS device:
10.2.1.    these Terms and Conditions are an agreement between you and us, and not with Apple. Apple is not responsible for the App or its contents;
10.2.2.    we allow you to use the App only on an Apple iOS product that you own or control and as allowed by Apple’s terms applying to your use of that device;
10.2.3.    Apple has no obligation to provide any maintenance or support for the App;
10.2.4.    Apple is not responsible for the investigation, defence, settlement or discharge of any third party intellectual property infringement claims;
10.2.5.    Apple is not responsible for addressing any claims by you or any third party relating to the App, or your possession or use of the App, including but not limited to:

10.2.5.1.    product liability claims;
10.2.5.2.    any claim that the App fails to conform to any applicable legal or regulatory requirement; and
10.2.5.3.    any claim arising under consumer protection or similar legislation; and
10.2.6.    if the App does not meet any applicable warranty, you may notify Apple and Apple will refund the purchase price (if applicable) for the App to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

10.3    Google
If you have downloaded or accessed the App through a Google service (including Google Play), or on an Android device:
10.1.1.    Google is not responsible for providing support or maintenance for the App, or for addressing any claims about the App;
10.1.2.    third parties may collect and store various information relating to your Android device and your use of the App; and
10.1.3.    Google may collect, retain and use information about your use of the App and your Android device. You can find more information about how Google processes and uses your data on Google’s website (www.google.com).

11.  General
11.1.    Variation
11.1.1.    We may change these Terms and Conditions from time to time.
11.1.2.    If we change these Terms and Conditions, we will give you written notice of the change, and the new Terms and Conditions will apply to your use of the App from the date of that notice. If you do not agree to the new Terms and Conditions, you must stop using the App.

11.2.    Assignment
11.2.1.    We may assign, transfer or otherwise deal with our rights and obligations under these Terms and Conditions without your approval.
11.2.2.    You may not assign, novate, transfer or otherwise deal with any of your rights or obligations under these Terms and Conditions.

11.3.    Severability
11.3.1.     If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful or unenforceable the other provisions will continue in effect.
11.3.2.    If any unlawful or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted that part will be deemed to be deleted, and the rest of the provision will continue in effect.

11.4.    Entire agreement
These Terms and Conditions constitute the entire agreement between you and us in relation to your use of the App and supersedes all previous agreements between you and us in relation to your use of the App.

11.5.    Law and jurisdiction
11.5.1.    These Terms and Conditions are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
11.5.2.    Each party irrevocably waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.

11.6.    Statutory and regulatory disclosures
11.6.1.    We are registered in England.
11.6.2.    You can find the online version of the register at https://find-and-update.company-information.service.gov.uk/
11.6.3.    Our Company Number is 12476332

11.7.    General warranties
Each party represents and warrants to the other that it:
11.7.1.    is able to perform its obligations under these Terms and Conditions; and
11.7.2.    will at all times comply with any applicable laws.

11.8.    Our details
11.8.1.    Our registered office is at Suite2a Blackthorn House, St Pauls Square, Birmingham, West Midlands, United Kingdom, B3 1RL
11.8.2.    You can contact us: by email at contact@playmoments.app.