Effective Date: November 3, 2021
Last Updated: March 3, 2022

Acceptance

LuvBug Learning (hereafter referred to as "LuvBug") and the website “luvbuglearning.com” (the “Site”) is owned and operated by BigFatBrainStorm Group Ltd. By using this Software, downloading any LuvBug software (the "Software"), or clicking a box that states you agree to these terms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("ToS"), which may be updated from time to time without notice to you. If you do not agree to the terms outlined in the ToS you may not use the website or Software.

When using the Software, you will also be subject to the LuvBug Privacy Policy and any posted guidelines, policies or rules applicable to specific features of the Software.

Personal Information

While using the Software, you and other users may provide or post certain content or information which may be used by LuvBug in connection with the Software. Please visit our Privacy Policy the know more about the types of information different types of users are able to provide.

You retain all ownership rights to your information. LuvBug does not claim any ownership rights over your personal information. LuvBug will only share and use your personally identifiable information in accordance with LuvBug's current Privacy Policy.

Registration

As a condition to using the Software, you may be required to register and select a password and username or provide additional contact information (hereafter referred to as the "Registration Data").

You must provide LuvBug with accurate, complete, and updated Registration Data. You may not select or use as a Company User ID a name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. LuvBug reserves the right to refuse registration of or cancel Registration Data in its discretion. You shall be responsible for maintaining the confidentiality of your password and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone.

Upon completion of the Registration Data, you certify: that you are 18 years of age or older, if signing up for a parent or teacher account; to provide true, accurate, current, and complete information about yourself and any other users of the account as required by the Site's registration form to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

Subscription Fees

By starting your LuvBug subscription, you expressly agree that we are authorized to charge you the subscription fee associated with the subscription plan (mini, starter, jumbo, etc.). The prices associated with each subscription plan and other charges are subject to change without notice. Subscription begins on the date it is purchased (the "Purchase Date") and will continue until cancelled. Subscription shall not be transferred or assigned to any other third-party nor shall a third-party be granted access to the Software or Site through use of your Registration Data.

Annual Subscriptions

We will bill the fee associated with your Subscription at the then-current rate plus applicable taxes. The price of the services and/or goods is payable in full before goods are delivered. To avoid billing of the next subscription fee, you must cancel your subscription before it automatically renews.

Lifetime Subscriptions

We will bill the fee associated with your Subscription at the then-current rate plus applicable taxes. The price of the services and/or goods is payable in full before goods are delivered.

Returns & Exchanges

We do not offer returns or exchanges, and all LuvBug products are final sale. If you’re unhappy with your purchase, please contact us at support@luvbuglearning where we can work to resolve the issue.

Termination

LuvBug, in its sole discretion, reserves the right to terminate your account or any part thereof if you fail to comply with the terms outlined in the ToS. LuvBug may, in its sole discretion, terminate access to the Site or Software without notice. You agree that LuvBug shall not be liable to you or any third party in the event of such termination of access to the Site or Software.

Privacy

Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information and protect your privacy when you use our Software. By using our Software, you agree that LuvBug can use such data in accordance with our Privacy Policy.

Third Party Links

There are no third-party ads in our apps, but we do cross promote our other products or the products on our related companies. The only third-party service providers we use in our apps are to support our internal operations and we do not collect anything that is personally identifiable in our apps for children. For more information on which third party apps we work with, please visit our Privacy Policy.

Your use of the Site and Software may also be subject to the terms and conditions and privacy policies of other services that LuvBug Learning doesn’t control. This includes mobile application stores, mobile software platforms, online social media sites, and payment processors.

Third Party Payment Service

LuvBug does NOT directly store any credit card information - all credit card information and transactions are stored by our payment provider, Stripe. Please click here for more information about how Stripe secures customer information.

Disclaimers of Warranties

The Site and Software are provided "as is", and without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, availability and compatibility. No warranty is made that the service will be error-free, that errors will be corrected, that the Site or Software will be uninterrupted or secure, that the Site or Software will meet your expectations, or that the Site or the servers that make such content available shall be free of viruses or other harmful components. Any material obtained through the use of the Site or Software is done so at your own discretion and risk and LuvBug shall not be responsible for any damage or loss of data that results from obtaining such material. No warranty is made regarding the use or results of use of the Site, Software, or any portion thereof. Any advice or information, whether oral or written, obtained by you from LuvBug shall not create any warranty not expressly stated in the ToS.

Limitation of Liability

LuvBug has provided the Site and Software "as is" and shall not be liable for any direct, indirect, incidental, special or consequential damages including but not limited to lost profits, personal injury, property damage, loss of data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from: (A) the use of or inability to use the service; (B) the conduct or actions, whether online or offline, of any user of the Site or Software; (C) unauthorized access to or alteration of your transmissions or data; or (D) any other matter relating to the Software or Site.

Indemnity

You agree to indemnify and hold harmless LuvBug, its affiliates, successors and assigns, distributors, agents, or other authorized users, and all those stockholders, directors, owners, employees, and agents from all third-party claims, demands, damages, losses, liabilities and costs, including reasonable attorneys' fees, through your use of the Site or Software, your connection to the Site or Software, any breach by you of the ToS arising out of your use of the Site or Software, or your violation of any rights of another.

Linking to or Framing Our Software

When linking to our website or Software, you must adhere to the following requirements: (i) the link must not damage, disparage, present false information about or tarnish the goodwill associated with any of our products and/or services; (ii) the link must not create the false appearance that your website and/or organization is sponsored by, endorsed by, affiliated with, or associated with us; and (iii) you may not link from a website that is unlawful, abusive, indecent, or obscene; that promotes violence or illegal acts; that contains expressions of racism; that is libelous, defamatory, scandalous, or inflammatory; or that we otherwise deem inappropriate in our sole discretion. We reserve the right to prohibit linking to our website or Software for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

Severability

If any term or provision of the ToS is held to be void or unenforceable, that term or provision will be severed from the ToS, the balance of the ToS will survive, and the balance of the ToS will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this ToS.

Governing Law and Arbitration

The ToS shall be governed under the laws of the Province of Ontario and you agree to submit to the jurisdiction of the Courts of the Province of Ontario in respect of any matter relating to the ToS.

Modifications to Site and Software

LuvBug reserves the right to modify or temporarily discontinue the Site and Software at any time and from time to time without notice to you. You agree that LuvBug shall not be liable to you or any third-party for any modification or temporary discontinuance of the Site or Software.

Use of Site and Software

The Site and Software are for your personal use only. You may not use our Software or Site for commercial use. You agree not to copy, reproduce, reverse-engineer, create derivative works, disassemble, adapt, or exploit in any other way the Site, Software, or any portion thereof. The Site and Software are owned entirely by BigFatBrainStorm Group Inc. and no right or title is transferred to you.

Entire Agreement

This ToS constitutes the entire understanding and agreement between you and LuvBug with respect to the subject matter of this ToS. There are no agreements, understandings, restrictions, representations, or warranties other than those in this ToS or referred to or provided for in this ToS.

How to Contact Us

If you have questions, please contact us at support@luvbuglearning.com.

You can also write to us at:

LuvBug Learning
43 Hanna Avenue
Toronto ON M6K 1X1 Canada