Terms & Privacy

Welcome

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you", "your", "User") and Educacion Global, Inc., a Delaware corporation ("Company", "we", "us", "our"), governing your access to and use of the SFX Fun Factory mobile application ("App"), including any updates, features, content, and services provided through the App.

BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.

1. Eligibility

You must be at least 13 years of age to use the App, or have the consent and supervision of a parent or legal guardian. By using the App, you represent and warrant that you meet these eligibility requirements. If you are using the App on behalf of a minor, you accept these Terms on their behalf and are fully responsible for their use of the App.

2. License Grant

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial purposes, and in compliance with the Apple Media Services Terms and Conditions ("Usage Rules").

This license does not allow you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time, except as permitted by the Usage Rules.

3. Reservation of Rights

The Company retains all right, title, and interest in and to the App, including all intellectual property rights therein. The App is protected by copyright, trademark, trade secret, and other intellectual property laws. These Terms do not grant you any rights to the Company's trademarks, service marks, trade names, logos, or brand features. All rights not expressly granted herein are reserved by the Company.

4. User-Created Content

All audio content you create, record, generate, or import using the App ("User Content") is owned by you. The Company does not claim any ownership, license, or rights to your User Content. You are solely and exclusively responsible for all User Content you create, store, export, or distribute, and any consequences thereof.

You represent and warrant that your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) violate any applicable law or regulation; or (c) contain any content that is defamatory, obscene, pornographic, threatening, harassing, hateful, or otherwise objectionable.

AI-Generated Content

The App may allow you to generate sound effects or speech using third-party AI services via your own API key ("BYOK"). Content generated through these services is subject to the respective third-party provider's terms, usage policies, and content policies. The Company does not operate, control, endorse, or assume any responsibility for those services or the content they produce. You acknowledge and agree that the Company has no liability whatsoever for AI-generated content.

5. Bring Your Own Key (BYOK)

Certain features of the App require an API key from a third-party audio generation service (e.g., ElevenLabs). By using BYOK features, you acknowledge and agree that:

• You are solely responsible for obtaining, managing, safeguarding, and paying for your own API keys
• You are solely responsible for all costs, fees, and charges incurred through third-party API usage
• You must comply with all terms of service, acceptable use policies, and content policies of the third-party provider
• The Company is not a party to, and has no responsibility or liability for, your relationship with any third-party service provider
• The Company does not guarantee the availability, accuracy, reliability, or quality of any third-party service

Your API keys are stored locally on your device using the Apple Keychain. The Company never transmits, receives, stores, accesses, or has custody of your API keys at any time.

6. In-App Purchases

The App may offer optional, non-refundable (except as required by applicable law or Apple's refund policy), one-time in-app purchases including but not limited to tips, feature unlocks, and premium capabilities. All purchases are processed exclusively by Apple Inc. through the App Store. The Company does not process, store, or have access to any payment information. There are no subscriptions. All sales are final unless otherwise required by applicable law.

7. Restrictions

You agree not to, and will not permit any third party to:

• Copy, modify, adapt, translate, or create derivative works of the App or any part thereof
• Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the App, in whole or in part
• Remove, alter, or obscure any proprietary notice, label, or marking on the App
• Use the App for any commercial purpose, rental, lease, loan, resale, sublicense, or distribution without express written consent of the Company
• Use the App in violation of any applicable federal, state, local, or international law or regulation
• Use the App to create, distribute, or store content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable
• Use the App to infringe upon any third party's intellectual property rights or other proprietary rights
• Attempt to gain unauthorized access to the App, other Users' accounts, or any related systems or networks
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
• Use any automated means, including bots, scrapers, or crawlers, to access or interact with the App

8. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

THE COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT AVAILABLE THROUGH THE APP.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S WARRANTIES ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EDUCACION GLOBAL, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS, LICENSORS, OR SERVICE PROVIDERS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, GOODWILL, OR ANTICIPATED SAVINGS
• LOSS OF DATA, USE, OR OTHER INTANGIBLE LOSSES
• PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE APP
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE APP
• ANY OTHER MATTER RELATED TO THE APP

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY PARTIES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and legal costs) arising from or related to: (a) your use of the App; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your violation of any third-party right, including any intellectual property, privacy, or publicity right; or (f) any dispute between you and any third party. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company's defense of such claims.

11. Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the App ("Dispute") shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, and not in a court of law. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding.

JURY TRIAL WAIVER: YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights.

12. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in the State of Delaware, and you waive any objection to venue or jurisdiction in such courts.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the provision. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

14. Waiver

The failure of the Company to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of the Company. A waiver of any provision on one occasion shall not be construed as a waiver of such provision on any subsequent occasion.

15. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms incorporated by reference, constitute the entire agreement between you and the Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

16. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the Company's prior written consent. The Company may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

17. Third-Party Beneficiaries

You acknowledge and agree that Apple, Inc. and its subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. Except as set forth herein, these Terms do not create any third-party beneficiary rights.

18. Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, strikes, power outages, internet or telecommunications failures, or governmental action.

19. Termination

These Terms are effective until terminated. The Company may terminate or suspend your access to the App at any time, with or without cause, with or without notice, at its sole discretion. Upon termination, your license to use the App is immediately revoked. Sections 3, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 20 shall survive any termination of these Terms.

20. Changes to Terms

The Company reserves the right to modify these Terms at any time at its sole discretion. If we make material changes, we will update the effective date at the top of these Terms. Your continued use of the App after the posting of revised Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must immediately stop using the App and delete it from your device.

21. Contact

If you have questions about these Terms, please contact: