Balance — Terms of Service
Effective date: 19 July 2026 Last updated: 19 July 2026
Applies to: every person who creates a Balance parent account and every household that uses Balance under that account.
These Terms of Service (the "Terms") form a binding contract between you, the parent (also "you", "your", "the account holder") and BabaYaga Program, TOO (also "BabaYaga Program", "we", "us", "our"), a limited liability partnership organised under the laws of Kazakhstan, with registered office at ul. Ongarsynova 10, kv. 175, Esil district, Astana 010000, Kazakhstan, Business Identification Number 260540024651, acting through its director .
The Terms govern your use of the Balance Android application (package com.babayagaprogram.balance), the related backend services we operate, our public legal-documents website at index.html, and any related services we make available to you (together, the "Service").
By creating a Balance account, ticking the "I agree to the Terms of Service and Privacy Policy" checkbox at signup, or otherwise using the Service, you accept these Terms. If you do not agree, do not create an account and do not use the Service.
Companion documents that are part of the agreement between you and us: - our Privacy Policy at privacy.html; - our Children's Privacy Notice and Direct Notice to Parents at children.html; - our Subscription Terms at subscription-terms.html (governing the paid plans, including auto-renewal, price, cancellation, and refunds); - our Child Safety Standards at child-safety.html; - our Account Deletion page at delete-account.html.
If anything in those documents conflicts with these Terms, these Terms govern, except where the conflict is on a topic that the more specific document was designed to govern (e.g., billing — Subscription Terms; data handling — Privacy Policy and Children's Privacy Notice).
This is a long document. The plain-language summary at Section 2 is informational; the binding text starts at Section 3.
1. Who we are and how to reach us
| Service provider / contracting party | BabaYaga Program, TOO |
| Registered address | ul. Ongarsynova 10, kv. 175, Esil district, Astana 010000, Kazakhstan |
| Business Identification Number (BIN) | 260540024651 |
| Authorised signatory | , Director |
| General support | |
| Legal notices and contract enquiries | |
| Privacy / data-protection enquiries | () |
| Child-safety reports and security incidents | () |
| Telephone |
EU and UK users may also route privacy and consumer-rights enquiries through our published EU/UK representative listed in Section 1 of the Privacy Policy.
2. Plain-language summary
- Balance is a parental-control service for Android. You — the parent — create the account, pair your kid's device, and configure the limits, schedules, tasks, and rewards. Your kid does not sign up.
- The Service is offered as a free tier with a paid auto-renewing subscription sold through Google Play Billing. We never see your card number. Cancellation, refunds, free-trial mechanics, and the right of withdrawal are governed by our Subscription Terms.
- You must be at least 18 years old (or the age of majority in your country, if higher) and the legal guardian of every kid you pair to your account.
- No advertising. No ad SDKs, no behavioural profiling, no third-party data sharing for marketing. Period.
- Your photos and videos uploaded as task proof are end-to-end encrypted on the kid's device before any network call. Our servers and our storage provider only ever see encrypted bytes. We cannot recover the contents of proof media if you lose every authorised parent device and your cloud backup of the media key — please keep the cloud backup enabled, or take care of your devices. This is the most important practical consequence of these Terms.
- You can delete the account and all data at any time from inside the app or by email.
- Consumer-protection rights you have under the mandatory law of your country are not waivable — nothing in these Terms removes those rights (see Section 17).
- Governing law: Kazakhstan, subject to the consumer-law carve-outs in Section 17.
The rest of this document is the long-form version.
3. The Service
Balance is a parental-control Android application sold and updated through Google Play, together with the cloud backend we operate to support it. Its purpose is to help a parent set healthy device habits for a kid by:
- pairing the kid's Android phone or tablet with the parent's account;
- letting the parent configure per-app time limits, daily schedules, and per-app blocking;
- letting the parent assign tasks (chores, homework, etc.) which the kid marks done from the kid's device, optionally with photo or video proof;
- converting approved tasks into earned screen-time credit via the in-app ledger;
- delivering operational notifications to both the parent and the kid;
- providing an in-app privacy area where the parent can export the family's data and delete a kid or the entire account.
We may add, change, or remove features, locales, or supported device profiles over time. We will not, without an opt-in from you, change the Service in a way that materially reduces functionality you have already paid for, or that materially expands the categories of personal data we collect from the kid (see Section 13 of the Privacy Policy and Section 13 of the Children's Privacy Notice).
The Service is provided only as the Android application distributed by Google Play under the package name com.babayagaprogram.balance, together with the cloud backend that supports it. There is no public web app, no iOS app, no API, no SDK, no third-party integration, no plug-in marketplace.
4. Eligibility and your role
To create and hold a Balance account you must:
- be at least 18 years of age, or the age of majority in your country of residence if it is higher;
- be the parent or legal guardian of every kid whose device you pair to the account (this is the basis on which we can lawfully process the kid's data — see Section 5 of the Privacy Policy and Section 5 of the Children's Privacy Notice);
- have the legal capacity to enter into and perform a binding agreement under the law of the place where you live;
- not be a person, and not be acting on behalf of a person, that any law applicable to BabaYaga Program prohibits us from doing business with (including the U.S., EU, UK, and other applicable sanctions regimes);
- be located in a country where the Service is offered (the country-annex list is published in Section 18 of the Privacy Policy and Section 14 of the Children's Privacy Notice).
The age of majority is 18 in most countries where Balance is offered, but it is higher in some — for example, 19 in South Korea. Whatever the number, you must be an adult under the law of your own country of residence.
By creating an account you represent and warrant that each of the above is true and remains true while you hold the account.
You are responsible for the actions of every kid you pair to your account, to the extent the kid's actions are within the scope of the limits, schedules, tasks, and rewards you have configured. We do not act in loco parentis. The Service is a tool you use to exercise your own parental authority; it is not, and does not replace, parental supervision.
5. Account creation, account security, and pairing
5.1 Account creation
You create a parent account by entering an email address, choosing a password, completing the one-time-code (OTP) verification, and ticking the agreement checkbox at signup. You may instead sign in with Google, in which case the email Google has verified for you is the account email. The information you give us at signup must be accurate; you must keep it up to date.
5.2 One account per parent
You may hold one parent account at a time. You may add multiple kids to one account.
5.3 Account security is your responsibility
You agree to: - keep your password (or Google sign-in credentials) confidential; - not share your account with anyone other than another legal guardian of the same kid(s), to whom you have voluntarily given access; - log out of the parent app on shared devices; - enable the four-digit family unlock PIN on the kid's device so the kid cannot bypass parental controls; - if you suspect unauthorised access, change your password immediately and write to .
We are not liable for losses you suffer because someone obtained your credentials through circumstances within your control. We are liable, to the full extent applicable consumer law requires, for losses you suffer because of a security failure on our side — see Section 15.
5.4 Pairing the kid's device
You pair a kid's device by generating an invite code on your parent device and entering it on the kid's Android device under the kid-setup flow. By completing the pairing flow you confirm that you are the legal guardian of that kid and that you exercise Verifiable Parental Consent under COPPA, parental authority under GDPR Article 8, Chile's Law 21.719, Colombia's Law 1581, and the equivalent law in every other country, on behalf of that kid.
You may unpair a kid's device, delete a kid profile, or delete the entire parent account at any time from the in-app privacy settings.
6. Subscriptions and payment
Some Balance features are available only on a paid plan, sold as an auto-renewing subscription through Google Play Billing. The subscription-specific provisions — price, billing period, free trial (if any), the right of withdrawal under EU Directive 2011/83/EU Article 16(m), automatic-renewal disclosures under U.S. state law (including California's Automatic Renewal Law, Cal. Bus. & Prof. Code § 17602), cancellation, refunds, grace-period behaviour, and what happens to the Service when the subscription ends — are set out in our Subscription Terms at subscription-terms.html, which form part of these Terms by reference.
Some baseline points worth restating here:
- Google handles the payment. We never see your card number, billing address, or bank account number.
- The subscription price you see in the Google Play purchase sheet is the price we charge. Local taxes (e.g., VAT, GST, sales tax) are added by Google where the law of your country requires.
- You can cancel at any time in Google Play → Subscriptions. Cancellation takes effect at the end of the current billing period. You retain the paid features until the end of that period.
- Refunds are subject to the Google Play refund policy and, where the law of your country gives you a stronger right (the EU 14-day right of withdrawal for digital content, the UK Consumer Rights Act 2015, or any U.S. state cooling-off rule), that stronger right prevails. The Subscription Terms describe how to exercise it.
- Failure to pay (e.g., your card on file with Google fails) results in the paid features being suspended at the next renewal; your data is not deleted because of non-payment alone.
7. Permissions on the kid's device
To deliver the parental-control function, the Balance app on the kid's device asks Android to grant certain permissions (e.g., Accessibility access, Usage Access, Display over other apps, Notifications, Camera and Microphone for tasks that require photo or video proof, Boot-completed for service restart). Each permission is shown to you with a just-in-time disclosure screen explaining why Balance needs it, before Android shows its own prompt; you may decline at any time, with the consequence that the feature relying on that permission will not work.
The full register of permissions, with the just-in-time disclosure text, is set out in our internal permissions register and is reflected in the in-app disclosure screens.
The Balance app on the parent's device does not ask for Accessibility access, Usage Access, Display over other apps, Microphone, or Camera. The parent app is a configuration and reporting console.
8. Acceptable use
You agree that you and every kid you pair to your account will not:
- use the Service to monitor or restrict a person who is not the kid you have legitimate parental authority over;
- use the Service to monitor an employee, a domestic worker, an intimate partner, or any other adult — Balance is a parental-control service, not a workplace-monitoring tool, not a spousal-surveillance tool, and not a stalkerware product;
- reverse-engineer, decompile, disassemble, or attempt to extract source code from the app, except to the extent the law of your country specifically permits this for interoperability under EU Directive 2009/24/EC Article 6 (or its national implementation) and you have given us prior written notice and a reasonable opportunity to provide the interface;
- attempt to bypass, defeat, or work around the parental controls Balance applies on the kid's device, except to the extent permitted by the parent's own configuration;
- probe, scan, attack, overload, or interfere with the Service, our backend, our storage provider, or our other sub-processors;
- submit data to the Service that the parent does not have the legal right to submit (for example, by pairing a device whose user the parent is not the legal guardian of);
- impersonate another person or misrepresent your relationship to a kid;
- upload, transmit, or attempt to upload any content that is illegal where you live or that depicts the sexual exploitation or abuse of a child — uploading such content will be reported to the competent national child-safety authority where applicable law requires us to do so (see Section 12 of the Children's Privacy Notice);
- use the Service to infringe any third party's intellectual property, privacy, or other rights;
- use the Service in a way that violates any law that applies to you (export controls, sanctions, data-protection law, child-protection law, consumer law, tax law);
- automate, scrape, harvest, mirror, or systematically extract data from the Service in any way other than the in-app data-export feature (under the privacy settings);
- circumvent any technical limit we set on the Service (rate limits, file-size limits, retention limits) or any access control;
- resell, sublicense, lease, rent, or commercially redistribute the Service or any portion of it.
We may suspend or terminate your access if we have a good-faith basis to believe you have breached this Section 8.
9. Your content; ownership; license to operate the Service
You and your kid generate three categories of content that are uploaded to or stored within the Service: - family content (the kid name, kid age, optional birthday, avatar, tasks you write, decisions you record); - operational content (per-app usage totals, installed-apps catalogue, ledger, notifications); - proof media (the end-to-end-encrypted photos and videos the kid uploads as task proof).
You retain ownership of your family content. We make no claim to the kid's name, the tasks you write, the avatar you pick, or the proof media.
You grant us a non-exclusive, worldwide, royalty-free, sub-licensable licence to host, store, transmit, encrypt, decrypt (only on your devices, never on our servers for proof media), back up, and otherwise process the content listed above for the sole purpose of operating the Service for you and the kid you have paired. This licence ends when the content is deleted in accordance with the retention schedule in Section 8 of the Privacy Policy and Section 8 of the Children's Privacy Notice, or sooner if you delete the content yourself.
We do not acquire any right to use your family content for advertising, marketing, profiling, secondary research, or any purpose other than operating the Service for you.
If you submit feedback, bug reports, feature requests, or any other voluntary input to us (for example via ), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that input to improve the Service. We will not identify you publicly without your consent.
9.1 The end-to-end encryption guarantee — and its consequence for you
Proof media is encrypted on the kid's device before any network call, with a per-file key wrapped to each of your authorised parent devices' public keys. The unwrapped key never leaves your devices. We cannot decrypt proof media. Our storage provider cannot decrypt proof media. We cannot reset, recover, or impersonate your media key.
The practical consequence is this: if you lose every authorised parent device, and you did not enable the encrypted cloud backup of your media key (Google Drive AppData; see Section 6 of the Privacy Policy), the proof media stored at that time becomes permanently unreadable. Your textual data (kid profile, settings, tasks, ledger, usage totals) is unaffected — only the encrypted proof media is. You acknowledge this trade-off as the cost of end-to-end encryption. We strongly recommend you keep the cloud-backup option enabled.
10. Our intellectual property
The Service, including the Balance app, the backend, the public legal-documents website, all source code, all binary artefacts, all UI designs, all icons, all illustrations, all text, all videos, all sounds, and all trademarks (including "Balance", "BabaYaga Program", and the Balance app icon), are owned by BabaYaga Program, TOO or licensed to us. Nothing in these Terms transfers any such ownership to you.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Balance app on Android devices you own or control, solely for personal, non-commercial parental-control use within the household of the kids you have paired to your account, for as long as you hold a Balance account in good standing and accept these Terms.
You may not use any of our trademarks, app icons, or trade dress to identify products or services other than your authorised use of the Service.
11. Third-party services
Balance relies on a small set of third-party services to operate (Google Play and Google Play Billing for distribution and payment; Google Cloud Storage for the encrypted-media object store; Google Cloud for periodic backups of our operational database; Firebase Cloud Messaging for push notifications; Google Sign-In for optional identity verification; Google Drive AppData for optional encrypted cloud backup of your media key; Resend for verification emails; Cloudflare Pages for the public legal-documents site). The sub-processors list in Section 6 of the Privacy Policy is authoritative for what each of them can see.
Each of those services is governed by its own terms between you and the third party (Google Play Terms of Service, Google Terms of Service, Cloudflare terms, etc.). Your relationship with the third party is between you and the third party — we are not responsible for the third party's acts or omissions, except where our own acts caused the issue or where mandatory consumer law assigns us liability for sub-processors we engage on your behalf.
12. Suspension and termination
12.1 Termination by you
You can terminate the agreement at any time by: - cancelling any active subscription in Google Play → Subscriptions (this ends the paid features at the end of the current billing period); and - deleting your account using the in-app "Delete account" action (under the privacy settings), or by writing to .
Account deletion ends the agreement, deletes every kid attached to the account, and triggers the cascade described in Section 8 of the Privacy Policy.
12.2 Termination by us
We may suspend or terminate your access if: - you materially breach these Terms and have not cured the breach within a reasonable period after notice, or the breach is incurable; - you breach Section 8 (Acceptable use) in a manner that risks the safety of a kid, the integrity of the Service, or the rights of any other user; - a law applicable to us or a competent authority requires us to do so; - you fail to pay (limited to suspension of paid features — see Section 6).
For non-urgent reasons we will notify you by email before terminating, with a reasonable opportunity to cure. For urgent reasons (security risk, child-safety risk, or as required by law) we may suspend access immediately, with notice to follow as soon as practicable.
If we terminate your account, we will delete your data in accordance with Section 8 of the Privacy Policy. We will not retain your data as leverage in a dispute.
12.3 Survival
Sections 1, 8, 9, 9.1, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, and 21 survive termination.
13. Privacy
How we handle personal data — what we collect, why, how long we keep it, who else sees it, and the rights you have under data-protection law — is governed by our Privacy Policy at privacy.html and our Children's Privacy Notice and Direct Notice to Parents at children.html. Those documents are part of the agreement between you and us. If you do not accept them, you cannot use the Service.
14. Service availability and "as is" delivery
We make commercially reasonable efforts to keep the Service available, but we do not promise a specific level of uptime, latency, or performance at this time. The Service may be unavailable for scheduled maintenance, urgent maintenance, sub-processor outages (e.g., a Google Cloud incident), force-majeure events, or to allow us to deploy security fixes. We will use reasonable efforts to minimise these interruptions and to announce planned interruptions in advance where it is feasible.
To the maximum extent permitted by the law of your country, and subject in all cases to Section 17 (mandatory consumer-protection law of your country), the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory or otherwise — including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from a course of dealing or usage of trade.
In particular, we do not warrant that: - the Service will be uninterrupted, error-free, or secure against every possible attack; - every parental-control limit will be enforced in every edge case on every Android device, given that the Android OS evolves and original-equipment manufacturers customise it; - proof media will be recoverable if you lose every authorised parent device and the encrypted cloud backup of your media key — see Section 9.1.
15. Limitation of liability
Nothing in these Terms limits or excludes liability that the law of your country does not allow us to limit or exclude. In particular, we do not exclude or limit liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; gross negligence or wilful misconduct; the consumer-protection rights described in Section 17; and any other liability that cannot be limited as a matter of mandatory law of the place where you live (including, in the EU, GDPR Article 82; in the UK, the Consumer Rights Act 2015; in the U.S., the various state consumer-protection statutes and the FTC Act).
Subject to the carve-outs above, and to the maximum extent permitted by the law of your country:
- Neither party is liable for indirect, consequential, incidental, special, exemplary, or punitive damages; for lost profits, lost revenue, lost business opportunity, lost goodwill, lost data, or business interruption; or for the substitution cost of goods or services obtained as a workaround — even if the party knew or should have known such damages were possible.
- Our aggregate liability to you, in contract, tort (including negligence), restitution, statute, or otherwise, arising out of or in connection with the Service in any 12-month period, is capped at the greater of (a) the amounts you have actually paid us under the Subscription Terms for the 12 months preceding the event giving rise to the liability, and (b) fifty U.S. dollars (USD 50) or the equivalent in your local currency at the time of the event.
- This cap is the aggregate cap for all claims you may bring, however arising and however many.
- Where the law of your country gives you a higher protected level of recovery for a particular type of damage (e.g., a moral-damages remedy under LatAm consumer law, or a statutory minimum recovery under a U.S. state privacy statute), that higher protected level applies instead of the cap above, only for that type of damage.
This Section 15 reflects an allocation of risk between you and us that takes into account that the Service is provided at low cost or free, that proof media is end-to-end encrypted (so we have no plaintext to insure against loss), and that you retain primary parental authority over your household. You acknowledge that you would not be offered the Service on these economic terms without this allocation.
16. Indemnity
Subject to the consumer-law carve-outs in Section 17, you agree to defend us, and to indemnify and hold us harmless from and against, any third-party claim and any related loss, liability, damage, judgment, settlement, fine, or reasonable legal cost that arises out of:
- your breach of Section 8 (Acceptable use);
- your breach of your representation in Section 4 (you must be the legal guardian of every kid you pair);
- your misuse of the Service in a way that violates a law that applies to you;
- a content item you uploaded that you did not have the legal right to upload;
- a claim brought by a person whose data you submitted to the Service without the legal right to do so.
We will give you prompt written notice of any claim covered by this Section 16, allow you to control the defence and settlement of it (provided you do not settle any claim in a way that imposes any obligation or admission on us without our consent, which we will not unreasonably withhold), and cooperate with you at your reasonable expense.
This Section 16 does not apply to consumers in jurisdictions where consumer-protection law prevents us from requiring an indemnity from a consumer (which includes most of the EU/EEA, the UK for non-commercial parental use). Where it does not apply, no indemnity is owed by you.
17. Consumer-law mandatory carve-outs
These Terms are read together with — and subject to — the mandatory consumer-protection law of the country where you have your habitual residence at the time you create your account. Nothing in these Terms removes, limits, or modifies a right you have under that mandatory law.
Examples (non-exhaustive):
- European Union / EEA. Under Regulation (EU) No 1215/2012 ("Brussels Ia") Article 18 and Regulation (EC) No 593/2008 ("Rome I") Article 6, a consumer in the EU/EEA cannot be deprived of the protection of the consumer law of the country where the consumer has their habitual residence, and may bring proceedings in the courts of that country. Directive 2011/83/EU (the Consumer Rights Directive), Directive (EU) 2019/770 (the Digital Content Directive), and the implementing national law of your member state apply to your purchase and to the digital service we provide.
- United Kingdom. The Consumer Rights Act 2015 applies, including the digital-content provisions in Part 1 Chapter 3.
- Chile. Law 19.496 on consumer protection and Law 21.719 on data protection (in force December 2026) apply.
- Colombia. Law 1480 on consumer protection and Law 1581 on data protection apply.
- Argentina, Peru, Uruguay. The local consumer-protection statute and data-protection law of each apply.
- United States. Applicable federal law (including COPPA for the kid's data) and applicable state law of the state where you reside apply. This includes the Federal Trade Commission Act § 5 prohibition on unfair or deceptive acts, the California Consumer Privacy Act / California Privacy Rights Act, the California Automatic Renewal Law (Cal. Bus. & Prof. Code § 17602), and the equivalent statutes of Virginia, Colorado, Connecticut, Utah, Texas, and any other U.S. state that has enacted a consumer-privacy or automatic-renewal statute applicable to you.
- Brazil. The Consumer Defence Code (Código de Defesa do Consumidor, Lei 8.078/1990), the Marco Civil da Internet (Lei 12.965/2014), and the ECA Digital (Lei 15.211/2025) apply. A Brazilian consumer may bring proceedings in the courts of the consumer's own domicile (CDC art 101(I)).
- Mexico. The Ley Federal de Protección al Consumidor (LFPC, enforced by PROFECO) and the LFPDPPP (2025) apply.
- India. The Consumer Protection Act 2019 and the Consumer Protection (E-Commerce) Rules 2020 apply.
- Indonesia. Law 8/1999 on Consumer Protection applies; in line with Law 24/2009, we make a Bahasa Indonesia version of these Terms available alongside the controlling English text for consumers in Indonesia.
- Japan. The Consumer Contract Act applies (it voids clauses that would fully exempt our liability), together with the disclosure obligations of the Act on Specified Commercial Transactions (Tokutei Shōtorihiki Hō).
- South Korea. The Act on Consumer Protection in Electronic Commerce and the Content Industry Promotion Act apply; dispute mediation is available through the Korea Consumer Agency (KCA).
- Türkiye. Law No. 6502 on Consumer Protection and the Distance Contracts Regulation apply; Turkish consumers may apply to the consumer arbitration committees (Tüketici Hakem Heyetleri).
- Egypt. Consumer Protection Law No. 181/2018 applies, including its Arabic-language consumer-information requirements.
- South Africa. The Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 2002 apply.
- Kenya. The Consumer Protection Act 2012 applies. Tanzania. The Fair Competition Act 2003 applies.
- Pakistan. The provincial Consumer Protection Acts apply. Bangladesh. The Consumer Rights Protection Act 2009 applies.
- Other countries. The mandatory consumer-protection law of your country of residence applies.
Mandatory-disclosure shorthand for U.S. residents. Under California Civil Code § 1789.3, complaints concerning the Service may also be referred to the California Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Sacramento, CA 95834; telephone (800) 952-5210.
If anything in these Terms is inconsistent with the mandatory consumer law of your country, the mandatory consumer law prevails to the extent of the inconsistency, and the rest of these Terms continue to apply.
18. Governing law and jurisdiction
Governing law. These Terms and any non-contractual obligations arising out of or in connection with them are governed by the law of the Republic of Kazakhstan, except where: - a rule of mandatory consumer-protection law (Section 17) applies in the country where you have your habitual residence; in which case that mandatory rule prevails over Kazakhstan law to the extent of any conflict; and - a mandatory rule of data-protection law in your jurisdiction applies to processing of your personal data, in which case that mandatory rule prevails for data-protection purposes (see the Privacy Policy).
Jurisdiction. Subject in all cases to Section 17 (Brussels Ia Article 18 in the EU/EEA, equivalent consumer-jurisdiction rules in the UK, the U.S., and other countries), the courts of Astana, Kazakhstan have jurisdiction to hear and decide any dispute arising out of or in connection with these Terms. A consumer who has their habitual residence in a country whose mandatory law provides a different competent forum may bring proceedings in that forum, and we will not contest that choice on jurisdictional grounds.
We are not subject to mandatory arbitration of consumer disputes, and these Terms do not require you to arbitrate. You retain access to the courts of your country to the extent your mandatory law permits.
19. Dispute resolution — please write to us first
If you have a complaint about the Service, please contact us first at (general matters), (privacy / DSAR / deletion matters), or (child-safety matters). We will reply within a reasonable period and we will try in good faith to resolve the issue.
For privacy-specific complaints, you may additionally: - in the EU/EEA, contact our EU representative through Prighter (Section 1 of the Privacy Policy), or lodge a complaint with the supervisory authority of your EU member state; - in the UK, lodge a complaint with the Information Commissioner's Office (ICO); - in the U.S., contact the Federal Trade Commission for COPPA complaints, or your state attorney-general for state-law complaints.
We are committed to participating in good faith in the dispute-resolution procedures available in your country, including any online dispute-resolution platform required by EU Regulation No 524/2013 if your country implements it.
20. Force majeure
Neither party is liable for delay or failure to perform under these Terms to the extent caused by an event beyond its reasonable control — including but not limited to natural disasters, fire, flood, earthquake, pandemic, war, terrorism, civil unrest, riot, government action, embargo, sanctions, internet outage, sub-processor outage, denial-of-service attack, or strike at a labour pool the party does not control. The affected party will notify the other and resume performance as soon as reasonably practicable.
This Section 20 does not relieve you of the obligation to pay amounts you owe us, nor does it relieve us of the obligation to refund amounts you are entitled to under Section 17 or the Subscription Terms.
21. Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy, the Children's Privacy Notice and Direct Notice to Parents, the Subscription Terms, the Child Safety Standards, and the Account Deletion page, are the entire agreement between you and us about the Service. They supersede every previous discussion, representation, or agreement between you and us on the same subject matter. We do not rely on any statement about the Service that is not in those documents.
No partnership. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and us.
Severability. If any provision of these Terms is held invalid or unenforceable, the rest of these Terms remain in effect, and the invalid or unenforceable provision is replaced — to the maximum extent permitted by law — with a valid provision that most closely reflects the parties' original intent.
No waiver. Our failure to enforce a provision of these Terms is not a waiver of that provision or of our right to enforce it later.
Assignment. You may not assign these Terms or any right under them to any third party. We may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets, provided that the assignee assumes our obligations under these Terms (including the privacy obligations in the Privacy Policy and the Children's Privacy Notice).
Notices to us. Send any contractual notice to , or by post to ul. Ongarsynova 10, kv. 175, Esil district, Astana 010000, Kazakhstan.
Notices to you. We may send notices to the email address on file for your account, through an in-app message, or by posting an update to terms.html and updating the "Last updated" date at the top.
Headings. Section headings are for convenience only and do not affect interpretation.
Language. This English text is the controlling version. Where we publish a translation for the convenience of users in another locale, the English text prevails in case of inconsistency, except where mandatory consumer law (Section 17) requires the local-language version to prevail (in which case the local version prevails for the consumer in that country).
Changes to these Terms. We may update these Terms from time to time. If we make a material change, we will: - update the "Last updated" date at the top; - notify you in the app at next launch and by email; - give you a reasonable opportunity to review the change before it takes effect; - where the change materially increases your obligations or reduces your protections, obtain your renewed acceptance through a checkbox at next sign-in.
A change does not have retroactive effect against you — your previous use of the Service continues to be governed by the version of these Terms that was in force at the time.
22. Country annex — additional disclosures
For each country, any country-specific mandatory disclosure (for example, the California § 1789.3 hotline in Section 17, or the equivalent local consumer-affairs hotline) is appended as a country annex to these Terms and is published alongside this document at terms.html. The annex set is incorporated by reference.
Inherited territories follow the parent-country annex, consistent with Section 18 of the Privacy Policy and Section 14 of the Children's Privacy Notice.
23. Quick-reference contacts
- Contractual notices / general help:
- Privacy / DSAR / data export / deletion: ()
- Child safety reports and security incidents: ()
- EU representative: Prighter EU Rep GmbH, Schellinggasse 3, 1010 Vienna, Austria
- UK representative: Prighter Ltd (UK), 20 Mortlake High Street, London SW14 8JN, United Kingdom
- Postal address: BabaYaga Program, TOO, ul. Ongarsynova 10, kv. 175, Esil district, Astana 010000, Kazakhstan
- Telephone:
End of Terms of Service.