These Terms of Use ("Terms") are a legal agreement between you and Banana Split LLC ("Banana Split", "we", "us" or "our"). They apply to every mobile app we publish (each an "App") and to this website. Please read them carefully. Section 18 includes an arbitration agreement and class action waiver that affect how disputes are resolved.
1. Agreement
By downloading, installing or using an App, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the App. These Terms apply to all of our Apps, including little hush, Linkwords, and any App we release in the future.
2. Eligibility
You must be at least 13 years old (or the minimum age in your country) to use the Apps. If you are under the age of majority where you live, you may use the Apps only with the involvement and consent of a parent or guardian, who agrees to these Terms on your behalf.
3. License to use the Apps
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to download and use each App on devices you own or control, for your own non-commercial use, in line with these Terms and the rules of the store you got it from. We and our licensors keep all rights not expressly granted to you.
4. Purchases and subscriptions
Our Apps are free to download. Some offer optional paid features, such as auto-renewing subscriptions, one-time purchases or in-app items. The price, what's included and the billing period are shown in the App before you buy.
- Payment: charged to your Apple ID or Google Play account when you confirm the purchase.
- Automatic renewal: subscriptions renew automatically at the same price and length unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the current period ends.
- Free trials: if offered, you'll be charged when the trial ends unless you cancel at least 24 hours before. Any unused part of a trial ends when you buy a subscription.
- Cancelling: on iPhone, go to Settings → [your name] → Subscriptions. On Android, open Google Play → Profile → Payments & subscriptions → Subscriptions. Deleting an App does not cancel a subscription.
- Refunds: Apple and Google process all payments and handle refunds under their own policies. Request one at reportaproblem.apple.com or through Google Play. We can't issue store refunds ourselves.
- Restoring: use "Restore Purchase" in the App while signed in to the store account you bought with.
- Price changes: Apple or Google will notify you of subscription price changes as their rules require, and you can cancel before the new price applies.
- Virtual items: in-app items, progress, scores and streaks have no cash value, can't be exchanged or transferred, and may be lost if you delete the App or change devices.
Nothing in these Terms removes rights you have under consumer law in your country.
5. Advertising
Some free Apps show ads provided by third parties. We are not responsible for the content of ads, or for the products, services or websites they promote. Any dealings you have with an advertiser are between you and that advertiser.
6. Acceptable use
You agree not to:
- copy, modify, distribute, sell or rent an App or its content
- reverse engineer, decompile or disassemble an App, except where the law allows
- bypass or interfere with security features, paid features, ads or usage limits
- use cheats, bots or automated means to access an App
- use an App for any unlawful, harmful or abusive purpose, or in a way that infringes anyone's rights
7. Your content
Anything you create in an App, such as a recording, belongs to you. You are responsible for it, including having the right to record or share anyone or anything in it. If you choose to send content to us (for example, in a support email), you give us permission to use it to respond to you and improve the Apps.
8. Our content
The Apps and this website, including their code, design, sounds, artwork, text, names and logos, belong to Banana Split LLC or our licensors and are protected by copyright, trademark and other laws. Open-source components are used under their own licenses. If you send us feedback or ideas, we may use them freely without any obligation to you.
9. Third-party services
The Apps may rely on or link to third-party services, such as the app stores, payment processing, ad networks and websites. These are governed by their own terms and policies. We don't control them and aren't responsible for them.
10. Health and safety
Our Apps are for general entertainment and convenience. They are not medical devices and do not diagnose, treat, cure or prevent any condition, or replace advice from a doctor or other professional. You are responsible for how and where you use the Apps and your device.
- Sound and sleep Apps: keep your device at least 3 feet (1 meter) from where a baby sleeps, never in the crib or bassinet; use the lowest volume that works; and always follow safe sleep guidance from your doctor or local health authority.
- Games: take regular breaks. Stop playing and seek advice if you feel unwell.
- Don't use an App in a way that distracts you while driving or doing anything that needs your full attention.
11. Changes and availability
We may update, change, suspend or discontinue any App or feature at any time, with or without notice. We don't guarantee that an App will always be available, compatible with your device, or free of interruptions. If we significantly reduce what an active paid subscription includes, we'll tell you in advance so you can cancel.
12. Disclaimer of warranties
To the fullest extent permitted by law, the Apps and this website are provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment. We do not warrant that the Apps will be uninterrupted, error-free, secure or free of harmful components, that defects will be corrected, or that the Apps will achieve any particular result.
Some places don't allow certain warranties to be excluded, so some of the above may not apply to you.
13. Limitation of liability
To the fullest extent permitted by law, Banana Split LLC and its owners, members, employees, contractors and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, progress, profits, revenue or goodwill, arising out of or related to your use of (or inability to use) the Apps or this website, however caused and even if we have been told such damages are possible. Our total liability for all claims relating to the Apps will not exceed the greater of the amount you paid us for the relevant App in the 12 months before the claim, or US $50.
Nothing in these Terms limits liability that cannot legally be limited, such as liability for fraud or for death or personal injury caused by negligence.
14. Indemnity
To the extent permitted by law, you agree to defend, indemnify and hold harmless Banana Split LLC and its owners, members, employees and contractors from any claims, losses, damages and expenses (including reasonable legal fees) arising from your misuse of the Apps, your content, or your breach of these Terms or the law.
15. Termination
You can stop using an App at any time by deleting it (remember to cancel any subscription separately). We may suspend or end your access if you break these Terms. Sections 7 to 10 and 12 to 20 continue to apply after these Terms end.
16. Apple App Store
If you downloaded an App from the Apple App Store, Apple's Licensed Application End User License Agreement applies, and these Terms add to it. You also acknowledge that:
- these Terms are between you and Banana Split LLC only, not Apple, and Banana Split LLC, not Apple, is solely responsible for the App and its content;
- Apple has no obligation to provide any maintenance or support for the App;
- if the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the App;
- Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer protection or similar claims;
- Apple is not responsible for the investigation, defense, settlement or discharge of any claim that the App infringes a third party's intellectual property rights;
- you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and you are not on any US Government list of prohibited or restricted parties;
- you must comply with any applicable third-party terms when using the App; and
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, once you accept them, Apple may enforce them against you.
Questions, complaints or claims about an App should be sent to Banana Split LLC at info@bananasplitapps.com.
17. Google Play
If you downloaded an App from Google Play, you also agree to the Google Play Terms of Service. Where they conflict with these Terms about your use of Google Play, Google's terms apply.
18. Disputes and governing law
Governing law. These Terms are governed by the laws of the United States and of the State in which Banana Split LLC is organized, without regard to conflict-of-law rules. If you are a consumer outside the United States, you also keep the protection of the mandatory laws of the country where you live.
Talk to us first. Most problems can be fixed quickly. Before filing any claim, please email info@bananasplitapps.com and give us 60 days to try to resolve it informally.
Arbitration (US users). If we can't resolve a dispute informally, you and we agree that it will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court. The arbitration may be held remotely or in the county where you live. You and we each waive the right to a jury trial and to take part in a class action or class-wide arbitration. You may opt out of this arbitration agreement by emailing us within 30 days of first accepting these Terms.
If you live outside the United States, you may bring claims in the courts of your country of residence.
19. General
These Terms and our Privacy Policy are the entire agreement between you and us about the Apps. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a right is not a waiver of it. You may not transfer these Terms; we may transfer them as part of a merger, acquisition or sale of assets. We aren't liable for delays or failures caused by events beyond our reasonable control.
20. Changes to these Terms
We may update these Terms from time to time. We'll post the new version here with a new date at the top, and tell you in the App or its release notes if a change is significant. If you keep using an App after changes take effect, you accept the updated Terms.
21. Contact us
Questions about these Terms? Email info@bananasplitapps.com.
Banana Split LLC