Mighty Doodle® Terms of Service
Updated October 3, 2024
1. Acknowledgment and Acceptance of Terms
By downloading, accessing, or using the Mighty Doodle® app through the Apple App Store, you agree that this Agreement is between you and Mighty Doodle, Inc. only, not with Apple. Mighty Doodle, Inc., not Apple, is solely responsible for the Mighty Doodle® app (“Licensed Application”) and its content. Your use of the Licensed Application must comply with Apple’s Media Services Terms and Conditions.
For any modifications to these terms, please refer to the “Changes to This Agreement” section later in this document.
2. Scope of License
The license granted to you for the Mighty Doodle® app is a non-transferable license to use the app on any Apple-branded iPad device that you own or control, as permitted by the Usage Rules in Apple’s Media Services Terms and Conditions. The app may also be accessed by other accounts associated with the purchaser through Family Sharing or volume purchasing.
However, please note that subscriptions to Mighty Doodle® are tied to the email address provided during sign-up, not to your Apple ID. Therefore, these subscriptions cannot be shared through Family Sharing.
3. Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose your personal information in compliance with Apple’s App Store privacy requirements, including the Children’s Online Privacy Protection Act (COPPA), where applicable.
4. Usage Requirements
To use Mighty Doodle® services, you must have a valid Apple ID, access to the internet, and compatible devices that meet our system requirements. You are responsible for maintaining the confidentiality of your account and password. Mighty Doodle® is not responsible for unauthorized account use.
5. Account Management
You must create an account to access certain features of Mighty Doodle®. You are responsible for all activities conducted under your account. Notify us immediately if you suspect unauthorized use. You can manage your subscriptions and account settings through your Apple account.
6. Intellectual Property
All content, including text, graphics, logos, and software provided by Mighty Doodle®, is owned by Mighty Doodle® or its licensors. Users may not copy, reproduce, or distribute any part of our content without express permission. Apple retains no responsibility for the content available through the app.
7. Maintenance and Support
Mighty Doodle®, Inc. is solely responsible for providing any maintenance and support services for the Licensed Application. Apple has no obligation to furnish maintenance or support services in connection with the Licensed Application.
8. Warranty
Mighty Doodle, Inc. is solely responsible for any product warranties, whether expressed or implied by law. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application. Beyond this refund, Apple has no further warranty obligations. Any other claims, losses, liabilities, damages, costs, or expenses resulting from a failure to conform to a warranty are Mighty Doodle®’s sole responsibility.
9. Subscriptions, Free Trials, and Payments
Some services within Mighty Doodle® require a paid subscription, which may begin with a free trial. If you sign up for a free trial, your Apple ID will be required to provide payment information upfront. Your free trial will automatically convert to a paid subscription at the end of the trial period unless you cancel the subscription at least 24 hours before the trial ends.
Payment will be charged to your Apple ID when the subscription period begins. Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current period. You can manage or cancel your subscriptions and free trials by going to your account settings in the Apple App Store. Refunds for unused portions of subscriptions follow Apple’s refund policies.
10. Limitations of Liability
Mighty Doodle® is provided on an “as-is” basis without warranties of any kind, either express or implied, including but not limited to warranties of accuracy, reliability, or fitness for a particular purpose. Mighty Doodle® is not liable for any damages arising from the use or inability to use the service, except as required by law.
11. Disclaimer
Mighty Doodle® provides educational tools designed to support children’s literacy development, but we do not guarantee specific outcomes. The app is not a substitute for professional educational, psychological, or medical advice, diagnosis, or treatment. Parents, caregivers, and educators are responsible for determining if the app is appropriate for the child in their care. Results may vary based on individual needs, learning environments, and participation.
By using Mighty Doodle®, you agree that the platform, its content, and services are provided “as is” without warranties of any kind. We are not responsible for any interruptions, errors, or technical issues that may arise during the use of our platform.
12. Product Claims
Mighty Doodle®, not Apple, is responsible for addressing any claims by you or any third party related to the Licensed Application or your possession and use of the Licensed Application, including but not limited to:
- Product liability claims
- Claims that the Licensed Application fails to conform to legal or regulatory requirements
13. Indemnity
By using our services, you agree to indemnify and hold Mighty Doodle® harmless from any claims or damages resulting from your violation of these terms or third-party rights.
14. Intellectual Property Rights
In the event of any third-party claim that the Licensed Application or your possession and use of the app infringes on third-party intellectual property rights, Mighty Doodle®, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
15. Governing Law
These terms are governed by the laws of the State of Minnesota, without regard to its conflict of law principles. Any legal disputes will be resolved in the courts of Minnesota, in compliance with applicable Apple Store policies.
16. Legal Compliance
By using the Licensed Application, you represent and warrant that:
- You are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist-supporting” country
- You are not listed on any U.S. Government list of prohibited or restricted parties
17. Third-Party Terms
You must comply with applicable third-party terms when using the Licensed Application. For example, if you use a VoIP application, you must not violate your wireless data service agreement.
18. Third-Party Beneficiary
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
19. Termination
Mighty Doodle® reserves the right to terminate your access to the service for violation of these Terms, without prior notice. Upon termination, any ongoing subscriptions will also be terminated in accordance with Apple’s policies.
20. Security
We take your security seriously and employ reasonable measures to protect your data. However, you are responsible for maintaining the confidentiality of your account information. Please notify us immediately if you suspect a security breach.
21. Changes to This Agreement
Mighty Doodle® may modify these Terms of Service from time to time. If we make significant changes, especially those that impact how we collect, use, or disclose children’s information under COPPA, we will notify you through the app or via email. For less substantial changes, we will update the terms within the app and on our website. Continued use of the app after any modifications indicates your acceptance of the updated terms.
Contact Information
If you have any questions, complaints, or claims regarding the app, please contact us at:
Mighty Doodle, Inc.
4951 W 77th St, Suite 30
Minneapolis, MN 55435
Phone: 502-966-READ(7323)
Email: info@mightydoodle.com