Terms of Use

1. Recital

These Terms and Conditions (“Terms”) govern: your use of our Website and Application (as further defined below), and legal and contractual relationship between you (as further defined below) and the owner of the Website and Application (hereinafter the “Owner” as further identified below) arising out of your use of the Website, Application and any Services provided through the Website, Application and Services, whether paid or unpaid. The individual accessing the Website, Services and Application (as further defined below), for personal, professional, or any other relevant use, and/or receiving free or paid for services through the Application, Website and any software provided herein (hereinafter the “User(s)” or “user” or “you” or “purchaser”) must read these Terms carefully, to make sure they are fully aware of their rights and obligations, associated with accessing the Application, Website, and all services or software provided on this Website.

2. Definitions

2.1 “This Website” or “This Application”, refers to this website, located at www.fostoq.com, including its subdomains and any other website through which the Owner makes Services/services advertised, displayed or accessed through the Website available (the “Website”); All applications for mobile, tablet and other smart device systems developed or accessed through the Website or elsewhere, by which the Owner makes their services available (the “Application”); the Application Program Interfaces (API) accessed through the Application/Website or elsewhere; any and all services accessed through this Website or Application by a User, including all interactive multimedia content, children’s stories, videos, text, narrations, sounds, images, and content of any kind (“Services”); any applications, sample and content files, source code, scripts, instruction sets or software included as part of a service offered through this Website/Application or otherwise accessed via this Website/Application, as well as any related documentation; Any and all paid or unpaid services, physical Services, or information about Services or physical Services of any kind, purchased, accessed or obtained through this Website/Application.

2.2 Hereinafter, the information, services, and all other items mentioned in Section 2.2a)-f) are referred to as the “Content,” and both the Website and Application shall be referred to collectively as the “Application”.

3. Requirements with which Users must comply

By using this Application, each User confirms to meet the following requirements:

a) The User is not restricted in any way from making use of or accessing the Content through any contractual, legal or other restrictions of any kind on the Users activity, whether such use is professional, personal, commercial or otherwise;

b) User is not located in a country that is subject to a U.S. or other applicable Government embargo, or that is subject to any US or other applicable sanctions, whether financial or otherwise;

c) User is not listed on any U.S. or other Government list of sanctioned parties; and

d) The User shall not make any use of the Content on this Application for the purpose of any illegal or unlawful activities in the United States or under the laws of any applicable jurisdiction to which the User and the Owner are subject to.

4.Account registration

4.1 To use and access the Content, Users may register or create a User account (“account”), providing all required data or information in a complete and truthful manner. The Owner shall not be responsible for assuring or verifying the validity or truthfulness of any information provided by the User, related to their account or access to Content on this Application, and the User hereby agrees that they are fully liable and responsible for this information. If the Owner permits, the Users may also use the Services without registering or creating a User account, however, this may cause limited availability of certain features or functions, at the sole discretion of the Owner.

4.2 Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.

4.3 By registering, Users agree to be fully responsible for all activities that occur under their username and password. The Owner shall not be held responsible for any liabilities, damages, costs, sanctions or claims of any kind (“liabilities”), arising out of the Users creation of an account, provision of information related to such an account, or the use of the Content and this Application, and the User agrees that they shall defend, indemnify and hold harmless the owner of this Website for all liabilities arising out of their use of their account, on demand, and such liabilities shall include any reasonable attorney fees or legal expenses.

4.4 Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

5. Conditions for account registration

Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet the following conditions:

a. Accounts registered by bots or any other automated methods are not permitted.

b. Unless otherwise specified, each User must register only one account.

c. Unless explicitly permitted, a User account may not be shared with other persons, and the User, and not the Website, is responsible for all consequences and liabilities associated with the sharing of an account and its related details with third parties or additional users.

6. Account termination

Users can terminate their account and stop using the Content at any time by doing the following: a. By using the tools provided for account termination on this Application. b. By directly contacting the Owner at the contact details provided in this document, only in the event that the steps in Section 6.a of these Terms described above do not lead to the successful termination of a User’s account.

7. Account suspension and deletion

7.1 The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

7.2 The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement, and the User agrees that the Owner shall not be liable for any losses, liabilities, loss of data, economic damages, loss of information, or costs of any kind incurred by the User, when the Owner decides to exercise any of its powers described in this Section 7 or elsewhere in these Terms.

7.3 The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

8. Intellectual Property, Trademarks, Copyrights and Ownership of Information.

8.1 All information displayed on this Application is the sole property of the Owner. All ideas, information, designs, images, titles, articles, content, videos, sound clips, stories, patentable materials, trade names, copyrightable materials, trade secrets and any information, content or material contained on this Application (“intellectual property”) is the sole intellectual property of the Owner or any third parties who the Owner contracts with, and such information may not be reused, duplicated, copied, licensed or sold to any third party without the express written consent of the Owner. No Services or Content accessed on this Application may be copied, duplicated, resold, reverse engineered or modified for sale in any form by a purchaser/User, and such Content or Services are only to be used for personal use. Any acts or omissions (“acts”) which violate the terms of this clause shall render the User or purchaser accessing this Application responsible for such acts fully liable to the Owner upon demand, and such liabilities include lost profits, legal fees, attorney fees, and any costs incurred by the Owner in remedying the consequences of and preventing the acts in violation of this clause. By accessing this Application, you agree that you shall be fully liable for any failure to comply with the requirements of this clause. Any commercial use of any intellectual property, Content or Services accessed through this Application is by default an act in violation of this clause, and the perpetrator of such an act shall be fully liable to the Owner, on demand, as described in this clause.

8.2 The Owner holds and reserves all intellectual property rights for any Content on the Application.

8.3 Users may not therefore use such Content in any way that is not necessary or implicit in the proper use of the Content.

8.4 In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the Content available on this Application, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

8.5 Where explicitly stated on the Application, the User may download, copy and/or share some Content available through the Application for its sole personal and non-commercial use, or for any commercial use explicitly permitted by the Owner, and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

8.6 Any applicable statutory limitation or exception to copyright shall stay unaffected.

9. Acceptable use

9.1 This Application and the Content may only be used within the scope of what they are provided for, under these Terms and applicable law.

9.2 Users are solely responsible for making sure that their use of this Application and/or the Content violates no applicable law, regulations or third-party rights.

9.3 Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Content or to an account, or by reporting any misconduct performed through this Application or the Content to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

a) violation of laws, regulations and/or these Terms;

b) infringement of any third-party rights;

c) considerably impairing the Owner’s legitimate interests;

d) offending, harassing or abusing the Owner or any third party.

e) any other relevant activity which breaches these Terms, at the sole discretion and judgment of the Owner, including but not limited to, sharing, uploading, distributing or engaging in any Restricted User Content by the User.

10. Content license

10.1 Any intellectual property rights, and any other exclusive rights on any Content or Services or technical applications embedded in or related to this Application are held by the Owner and/or its licensors.

10.2 Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the Content and Services and/or any other technical means embedded in the Services within the scope and for the purposes of this Application and the Services offered.

10.3 This license does not grant Users any rights to access, usage or disclosure of the original source code. All videos, images, text, sound, techniques, algorithms, and procedures contained in the Content, or any related Services and any documentation thereto related is the Owner’s or its licensors’ sole property.

10.4 All rights and license grants to Users shall immediately terminate upon any termination or expiration of the User’s account or access to this Application.

10.5 The Owner may make use of third party content or information in the provision of the Content, such as the use of visual images or multimedia, or other third party software applications, know-how, information, images, expertise, or information of any kind (“third party IP”). The User agrees that they shall only use the third party IP to the extent permitted, and in the manner permitted by any third party licensors of such third party IP, and that they are fully, solely and individually responsible for learning about, complying with, and upholding any third party IP licenses, rights and terms

11. Warranties.

The Owner makes no warranty of fitness for a particular purpose with respect to any Services sold on this Application. The purchaser of any Services listed on this site agrees that such Services are purchased “as is,” which means that they accept them as listed or described in the site, and will not hold the Owner accountable for anything beyond what is specifically listed in terms of the composition, Content, and other descriptions contained on this Application with respect to the Services.

12. Liabilities.

12.1 The Owner bears no liability for any costs, injuries to person or property, or damages of any kind, arising from the use or misuse of the Services purchased on this Application. All such Services are purchased at the sole risk and discretion of the purchaser, and in purchasing the Services, the purchaser acknowledges that such Services are purchased as is, while waiving all claims against the Owner for any damages arising out of the use or application of any Services provided via this Application. Once Services are purchased from this Application, there are no refunds permitted, unless the Owner, in their sole and absolute discretion, deems that a refund is warranted to the purchaser. Furthermore, the videos, stories and Content provided through the Services are not intended to be factual or relied on as factual information, and such Services are for entertainment purposes alone. The User agrees to utilize and rely on any Content at their sole discretion.

12.2 TO THE FULL EXTENT PERMISSIBLE BY LAW, THE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OWNER DOES NOT WARRANT THAT THE OWNER’S SERVICES, INFORMATION, CONTENT, MATERIALS, SERVICESS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS APPLICATION, THE OWNER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE OWNER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY OWNER SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, SERVICESS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OWNER SERVICES OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

13. Data Protection.

Any personal or sensitive data shared on this Application with the Owner shall remain the property of the purchaser or user. However, the purchaser or user of this Application specifically allows the Owner, by the act of using, browsing, and accessing this Application, to use any such personal or sensitive data, and transmit such data to third parties and other regions with similar or less data protection regulations in place, such as the United States of America, or elsewhere, for the sole purpose of providing goods, services, or access to this Application, for the user or purchaser accessing this Application. If the user or purchaser on this Application, submitting any information to the Owner via this Application, does not wish to have their data sent to third parties, or other regions outside their home jurisdiction, then they must communicate this in writing to the Owner, who will then determine whether they can continue providing Services to such a user or purchaser without remitting or using their data as described. If the Owner, in their sole discretion, discontinues Services or the sale of Services to a user or purchaser making such a declaration, then any fees paid or currency of value transferred to the Owner shall be rendered forfeited to the Owner, and shall be non-refundable.

14. Enforcement and Dispute Resolution.

The laws of the State of California , United States of America, without the application of any conflict of laws provision, shall govern this Agreement. The parties hereto hereby irrevocably submit to the jurisdiction of any court of the State of California, in any action or proceeding arising out of or related to this Agreement. The user or purchaser of any Services received through this Application agrees that they shall submit themselves to the exclusive jurisdiction of the courts described in this clause, and that they agree that they shall submit to such any judgment rendered by such courts concerning themselves, and that they will agree to the enforcement of such judgments in full, without requesting any modification whatsoever, either by themselves or through their attorney, agent or representative, in any other nations, jurisdictions or regions where they operate, reside or are otherwise located.

15. Electronic Communications.

When you use the Application, or send e-mails, text messages, and other communications from your desktop or mobile device to the Owner or the Application, you may be communicating with the Owner electronically. You consent to receive communications from the Application or Owner electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Owner services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that the Application or Owner provides to you electronically satisfy any legal requirement that such communications be in writing.

16. Use of Application and Content.

The user accessing this Application may browse this Application, access its pages, make purchases on the Application, and take other actions, if permitted to do so by the Owner, (“User Actions”) so long as the User Actions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. The user accessing this Application may not use a false e-mail address, impersonate any person or entity, or otherwise mislead others as to the origin of any posted content or User Actions. The Owner reserves the right (but not the obligation) to remove or edit such content. If the user accessing this site does post content or submit material, and unless the Owner indicates otherwise, they grant the Owner a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. The user accessing this site grants the Owner, and sublicensees the right to use the name submitted in connection with such content, if the Owner wishes to make use of such rights or sublicenses. The User accessing this site represents and warrants that they own or otherwise control all of the rights to the content posted by them; that the content is accurate; that use of the content supplied does not violate these Terms and will not cause injury to any person or entity; and that they will indemnify the Owner for all claims resulting from content supplied. The Owner has the right but not the obligation to monitor and edit or remove any activity or content. The Owner takes no responsibility and assumes no liability for any content posted by them or any third party.

17. Sanctions and Export Policy.

You may not use any part of the Application if you are the subject of U.S sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Owner’s Services or accessing the Application. You must comply with all U.S or other export and re-export restrictions that may apply to software (including Application Software), technology, and Services accessed by yourself via the Application.

18. Indemnification

18.1 The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

a) User’s use of and access to the Content, including any data or information transmitted or received by User;

b) User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

c) User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

d) User’s violation of any statutory law, rule, or regulation;

e) any User Content or other Content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

f) User’s willful misconduct; or

g) statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

19. TERMS OF SERVICES PURCHASE/SALE

19.1 Paid Services Some of the Content provided on this Application, may be provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Services will be in the dedicated sections of this Application.

19.2 Services description Prices, descriptions or availability of Services are outlined in the respective sections of this Application and are subject to change without notice. While Services on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Services. The characteristics of the chosen Services will be outlined during the purchasing process.

19.3 Purchasing process Any steps taken from choosing a Service to order submission form part of the purchasing process. The purchasing process includes the following steps:

a) Users must choose the desired Services and verify their purchase selection.

b) After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.

19.4 Order submission When the User submits an order, the following applies:

a) The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page;

b) In case the purchased Services require active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly;

c) Upon submission of the order, Users will receive a receipt confirming that the order has been received; and d) All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

19.5 Prices Users are informed during the purchasing process and before order submission, about any fees, taxes and subscription costs that they will be charged for access to the Services and interactive videos available via the Services. Prices on this Application are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

19.6 Methods of payment Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application. All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

19.7 Usage Rights Until payment of the total purchase price is received by the Owner, the User will not receive a right of use related to any Services.

19.8 Delivery of digital content Unless otherwise stated, digital content purchased on this Application is delivered via download or direct streaming from the Application, on the device(s) chosen by Users. Users acknowledge and accept that in order to use the Services, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards. Users acknowledge and accept that the ability to download the purchased Services may be limited in time and space.

19.9 Performance of services The purchased Services shall be performed or made available within the timeframe specified on this Application or as communicated before the order submission.

20. No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

21. Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

22. Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The continued use of the Content will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using or accessing the Content. Failure to accept the revised Terms, may entitle the Owner to terminate the access to the accounts or the Content for the User. The applicable previous version of the Terms will govern the relationship prior to the User’s acceptance. The User can obtain any previous version of the Terms from the Owner. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

23. Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

24. Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

These Terms and Conditions were last Updated on (30/5/2022)