Last updated: November 28, 2022
These Terms of Service set forth the terms between you and Fly Your Vision B.V. ("Fly Your Vision", "we", "our" or "us"), a private limited liability company registered with The Netherlands Chamber of Commerce (KvK 88175561).
When we refer to "Services" or "Service", we are referring to any product created and maintained by Fly Your Vision B.V., whether delivered within a web browser, desktop application, mobile application, or another format. This includes the mobile applications Mental Math, Cool Math Games, Focus Tracker, Timeline and Patterns Puzzle.
When we refer to "you" or "your", we are referring to the people or organizations that access, use and/or participate in our Services in any manner.
When we refer to "App Store Provider", we are referring to the provider of the storefront from where you discover, manage and download our Services when our Services is delivered as a mobile application ("app" or "apps").
By accessing or using any part of our Services, you are subject to and accept the application of the following terms.
By accessing or using any part of our Services through the App Store Provider Apple or in connection with an Apple-branded product, in addition to the terms set forth in these Terms of Service, you are also subject to and accept the application of the following terms:
To the extent the other terms of these Terms of Service are less restrictive than, or otherwise conflict with, the terms of this paragraph, the more restrictive or conflicting terms in this paragraph apply, but solely with respect to our Services through the App Store Provider Apple or in connection with an Apple-branded product.
The Apple Licensed Application End User License Agreements terms apply when using our Services: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
You acknowledge and agree that these Terms of Service are concluded between you and us only, and not with Apple, and that we, not Apple, are solely responsible for our Services and the content thereof. Your use of our Services must comply with the Apple Media Services Terms and Conditions and/or the Volume Content Terms. We acknowledge that we had the opportunity to review the Apple Media Services Terms and Conditions and Volume Content Terms and these Terms of Service do not provide for usage rules that are in conflict with these terms.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our Services.
In the event of any failure of our Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Service to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the solely governed by our (these) Terms of Service.
You and us acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to our Services or your possession and/or use of our Services, including, but not limited to: (i) product liability claims; (ii) any claim that our Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and us acknowledge that, in the event of any third party claim that our Services or your possession and use of those Services infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by our (these) Terms of Service.
You must comply with applicable third party terms of agreement when using our Services.
You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
If you have any questions, complaints or claims with respect to our Services, they should be directed to us at support@flyyourvision.com.
You will comply with all applicable laws in connection with your use of our Services.
You acknowledge that our Services may be subject to export and import laws or regulations. You will comply with all applicable import, export and re-export laws and regulations of the applicable agencies or authorities.
You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FLY YOUR VISION, OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF FLY YOUR VISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
To the extent permitted by applicable law, the aggregated liability of each of Fly Your Vision, our affiliates, employees, agents, suppliers, and licensors arising out of or in connection with our Services and these terms will not exceed the lesser of: the amounts paid by you for use of our Services at issue during the 12 months prior to the event giving rise to the ability.
YOU USE OUR SERVICES AT YOUR OWN RISK. OUR SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES, AND FLY YOUR VISION DOES NOT WARRANT THAT OUR SERVICES AND AVAILABILITY THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. FLY YOUR VISION DOES NOT ASSUME ANY RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS, WHICH ARE REFERENCED BY OR LINKED TO. IN NO EVENT SHALL FLY YOUR VISION BE LIABLE FOR ANY CONSEQUENCES OF USING LINKS TO THIRD PARTIES’ WEBSITES.
Any content presented or available within our Services are intended for general information purposes only. Fly Your Vision is not liable or responsible for any consequences of you having read or been told about such content as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, Fly Your Vision makes no representation or warranties about the accuracy, completeness, or suitability for any purpose of the content and information published as part of our Services.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF OUR SERVICES.
Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install and make personal non-commercial use of our Services, including downloading, installing and making personal non-commercial use of our Services (apps or app) on your personal mobile or tablet devices that you own or control, except that such Services may be accessed, acquired, and used by other accounts associated with you (the purchaser) via Family Sharing, volume purchasing, or legacy contacts.
All elements contained in our Services, including software, app, app content, website and other related content (together referred to as “content”) are owned by us (or our affiliates and/or third party licensors, where applicable) and are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. You agree and acknowledge that you shall not acquire any ownership rights in or to this content.
The content may not be used except as provided for in these terms. The content is not intended for commercial use. You are authorised to share a limited amount of content on personal social media accounts, blogs or other online commentaries, analyses or reviews. You may not modify such content. You agree not to publish such content in a false, inaccurate, or misleading context, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, hateful or otherwise objectionable.
You may not derive or attempt to derive the source code of all or any portion of any of our Services, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any of our Services or any part thereof.
You may not otherwise download, display, copy, reproduce, distribute, publish modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, or other content without our prior consent.
All trademarks, logos, images, names and brands displayed or referred to in our Services are the property of us or respective owners. You have no license or right to use, alter, remove or copy them.
Any unauthorized use or violation of these terms immediately and automatically terminates your right to use our Services and may subject you to legal liability.
You may not purchase, use, or access our Services for the purpose of building a competitive product or service or for any other competitive purposes. Unless otherwise expressly authorized by us, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivate works from, modify, sell, resell, exploit, transfer or transmit for any commercial purpose, any portion or content of our Services, use of our Services, or access to our Services. Our Services are for personal use only and may not be used for direct commercial endeavors.
Your use of our Services is governed by a Privacy Policy. By using or accessing our Services, you consent to the terms as set forth in the Privacy Policy located at www.flyyourvision.com/privacy.
Most of our Services are free to download and free to use with certain limitations in place.
However, certain features of our Services may be offered for a fee. To access such features you need to purchase an auto-renewing subscription or, if applicable, a lifetime subscription. You agree to pay the applicable fees (and any related taxes) as they become due. In case you purchase through an App Store Provider, in addition to being subject to these terms, you are subject to the terms of the App Store Provider.
You authorize the App Store Provider to charge the applicable fees to the payment card or other payment method that you submit. You agree to keep your payment card or payment method up to date.
By signing up for certain subscriptions, you agree that the subscription may be automatically renewed. Unless you cancel a subscription, you authorize the App Store Provider to charge them for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you through our Services or via the App Store Provider. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless you are notified of a rate change prior to the auto-renewal.
You must cancel a subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.
You can manage your subscription, cancel it, or turn off automatic renewals through your App Store Provider account. If you choose to cancel a subscription, it will remain active until the end of the current subscription period. Please note that uninstalling our Services (apps) will not cancel a subscription. Additional details about managing subscriptions for the App Store Provider Apple can be found in Apple’s support documentation: https://support.apple.com/HT202039.
The cancellation of a subscription will go into effect at the end of the current billing cycle, and you will have the same level of access to the subscription through the remainder of such billing cycle. If you do not pay the fees or charges due for use of the subscription, we or the App Store Provider may make reasonable efforts to notify you and resolve the issue; however, we or the App Store Provider reserve the right to disable or terminate your access to the subscription (and may do so without notice).
To the maximum extent permitted by applicable laws, we or the App Store Provider may change subscription fees at any time. We or the App Store Provider will give you reasonable notice of any such pricing changes by posting the new prices on or through our Services and/or by sending you a notification. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.
We may offer a free trial subscription for our Services. A free trial provides you access to our Services for a period of time, with details specified when signing up for the offer.
Unless you cancel at least 24 hours before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for our Services.
We or the App Store Provider may send you a reminder when your free trial is about to end, but do not guarantee any such notifications. It is your responsibility to know when the free trial will end if you decide to not become a paying user after the free trial period.
We reserve the right, in absolute discretion, to modify or terminate any free trial offer, your access to our Services during the free trial, or any of these terms without notice and with no liability. We or the App Store Provider reserves the right to limit your ability to take advantage of multiple free trials.
Our paid Services and your rights to use it expire at the end of the paid period of the your subscription. If you do not pay the fees or charges due, we or the App Store Provider may make reasonable efforts to notify you and resolve the issue; however, we or the App Store Provider reserve the right to disable or terminate your access to our paid Services (and may do so without notice).
Subscriptions purchased via an App Store Provider are subject to such App Store Provider's refund policies. This means we cannot process refunds directly. You will have to contact the App Store Provider’s support to request a refund.
A lifetime subscription plan allows you to access our Services and its premium features available at the time of purchase for as long as those Services and features are available. We makes no warranties or representations as to the expected lifetime of our Services or such features, and in purchasing a lifetime plan, you acknowledge and agree that our Services or such features could change or terminate in the future.
We offer Family Plans that allow one family member to purchase a subscription, then add up to 5 other members to their subscription. You can edit family members at any time through your App Store Provider’s account.
We may take measures that we consider necessary and appropriate such as terminating or suspending the rights to use our Services itself, if we acknowledge that you use our Services in a way which violates these terms. However, we shall not be responsible for correcting or preventing such violation towards you or others.
We reserve the right to provide you with advertisements for us or a third party, through our Services.
We reserve the right to modify, cease or terminate, at our own discretion, the whole or part of our Services at anytime without any prior notice to you.
We may update these Terms of Service as needed to comply with relevant legislation and to reflect any new practices or Services. Whenever we make a significant change to our Terms of Service, we will refresh the effective date at the top of these Terms of Service and take any other appropriate steps to notify you.
Please note that, for existing users, unless otherwise provided by applicable law, your continued use of our Services following the effective date means that you agree with, and consent to be bound by, the updated Terms of Service.
We are based in the Netherlands and have service providers in other countries. These terms will be governed by the laws of the Netherlands. Conflicts that arise from our Services or conflicts between you and us related to our Services will be governed primarily under the exclusive jurisdiction of the Administrative Court of Maastricht, the Netherlands.
If you have any questions, comments or concerns about these Terms of Service, then please contact us at support@flyyourvision.com
Business information
Fly Your Vision B.V.
Komeetlaan 31
6133 VA Sittard
The Netherlands
KvK number: 88175561
VAT number: NL864527329B01