These Terms & Conditions ("Terms") govern your access to and use of the websites, mobile applications, and services (collectively, the "Services") provided by Clevers Nest LLC ("Clevers Nest," "we," "us," or "our"), a company registered in the United States.
By downloading, installing, accessing, or using any of our Services — including but not limited to Gonit and Chintu — you agree to be bound by these Terms. If you do not agree, please discontinue use of our Services immediately.
📋 Table of Contents
- Acceptance of Terms
- Eligibility
- Our Services
- Accounts and Registration
- Subscriptions, Payments & Billing
- Free Trials & Refunds
- In-App Purchases
- Intellectual Property
- User Conduct & Prohibited Activities
- Children's Privacy (COPPA)
- Third-Party Services & Links
- Disclaimers
- Limitation of Liability
- Indemnification
- Governing Law & Dispute Resolution
- International Users
- Changes to These Terms
- Termination
- Contact Us
1 Acceptance of Terms
By creating an account, downloading our apps, or otherwise using our Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2 Eligibility
To use our Services, you must:
- Be at least 13 years of age, or have verifiable parental/guardian consent if younger (where applicable by local law).
- Reside in a jurisdiction where our Services are lawfully available.
- Not be barred from using the Services under applicable law.
Users in the European Economic Area (EEA) must be at least 16 years of age, or have parental/guardian consent, in accordance with the General Data Protection Regulation (GDPR). The required age may vary by EU member state.
3 Our Services
Clevers Nest LLC develops and distributes mobile applications focused on productivity, education, and enrichment. Our current applications include:
- Gonit — A math and cognitive skills learning app.
- Chintu — An interactive educational app for young learners.
We reserve the right to modify, suspend, or discontinue any feature or the entirety of our Services at any time, with or without notice. We shall not be liable for any such modifications, suspension, or discontinuation.
4 Accounts and Registration
Some features of our Services may require you to register for an account. You agree to:
- Provide accurate, current, and complete information during registration.
- Maintain and promptly update your account information.
- Keep your password confidential and not share it with any third party.
- Notify us immediately at [email protected] of any unauthorized use of your account.
- Accept responsibility for all activity that occurs under your account.
We reserve the right to terminate or suspend accounts at our sole discretion, including for violation of these Terms.
5 Subscriptions, Payments & Billing
Certain features of our Services are offered on a subscription basis. By subscribing, you agree to the following:
- Billing: Subscription fees are billed in advance on a recurring basis (e.g., monthly or annually) as specified at the time of purchase.
- Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle unless cancelled prior to the renewal date.
- Price Changes: We may change subscription pricing at any time. We will provide reasonable notice of any price increase, and continued use after the effective date constitutes acceptance.
- Payment Processing: Payments are processed through the Apple App Store or Google Play Store depending on your device. Their terms and payment policies apply.
- Taxes: You are responsible for any applicable taxes, which may be added to the subscription fee depending on your location.
6 Free Trials & Refunds
Free Trials: We may offer free trial periods for our subscription services. At the end of the trial period, you will be automatically charged the applicable subscription fee unless you cancel before the trial ends.
Refunds: All purchases are subject to the refund policies of the Apple App Store or Google Play Store, as applicable. Clevers Nest LLC does not independently issue refunds for purchases made through these platforms. Please contact Apple or Google support for refund requests.
In exceptional circumstances, refund requests may be directed to us at [email protected] and will be reviewed on a case-by-case basis.
7 In-App Purchases
Our apps may offer additional content, features, or virtual items available for purchase within the application ("In-App Purchases"). By making an In-App Purchase, you agree that:
- All In-App Purchases are final and non-refundable, except as required by applicable law or the platform's refund policy.
- Virtual items, credits, or other digital goods have no real-world monetary value and cannot be exchanged for cash.
- Purchases are linked to your App Store or Google Play account and are non-transferable.
- We may modify or discontinue virtual items at any time without liability.
8 Intellectual Property
All content, features, and functionality of our Services — including but not limited to text, graphics, logos, icons, images, audio clips, software code, and the selection and arrangement thereof — are the exclusive property of Clevers Nest LLC or its licensors and are protected by applicable intellectual property laws worldwide.
- You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services for personal, non-commercial purposes.
- You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.
- You may not reverse engineer, decompile, or attempt to extract the source code of any app.
- The Clever's Nest name, logo, and all related marks are trademarks of Clevers Nest LLC. Unauthorized use is strictly prohibited.
9 User Conduct & Prohibited Activities
You agree not to use our Services to:
- Violate any applicable local, national, or international law or regulation.
- Transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
- Infringe on the intellectual property rights of any party.
- Introduce viruses, trojans, worms, or other malicious code.
- Attempt to gain unauthorized access to any part of our Services or related systems.
- Use automated tools (bots, scrapers, crawlers) to access the Services without our written consent.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Collect or harvest any personally identifiable information from the Services.
- Use the Services for any commercial purpose without our express written consent.
10 Children's Privacy (COPPA)
Clevers Nest LLC complies with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501–6506 and 16 C.F.R. Part 312 (including 2024 amendments), GDPR Article 8, and the UK ICO Age Appropriate Design Code (Children's Code). See our Privacy Policy, Section 7, for full details.
Age Requirements
- Children under 13 in the United States may only use our Services with verifiable parental or guardian consent.
- Children in the EEA below the applicable age of digital consent (13–16 depending on EU member state) may only use account-based features with parental/guardian consent, in accordance with GDPR Article 8.
- Where our apps do not require account creation and collect only anonymous aggregate data, they may be used without parental consent, subject to platform parental controls (Apple Family Sharing, Google Family Link).
What Data We Collect from Children
- Account-free app experiences: Only anonymous, aggregated crash reports and performance data — no persistent identifiers or personal information.
- Account-based features (with prior parental consent): Parent's email address (not the child's), a username chosen by the parent, and app usage/progress data.
- We do not collect from child users: real name, home address, phone number, precise geolocation, photographs, biometric data, or any sensitive personal information.
- We collect only the minimum data necessary for the feature to function, in compliance with COPPA's data minimization requirement and GDPR Article 5(1)(c).
Verifiable Parental Consent Process
For features that require data collection from children under 13, we use the following COPPA-compliant consent methods:
- Email-plus verification: A parent provides their email address; we send a verification email requiring affirmative confirmation. The child's account is not activated until the parent completes this step.
- Platform parental controls: We respect Apple Family Sharing and Google Family Link parental consent mechanisms where applicable.
- Records of parental consent (date, method, and scope) are retained as required by applicable law.
Direct Notice to Parents
Before or at the time of collecting any personal information from a child, we provide a direct notice to the parent or guardian stating: the specific data collected, how it is used, whether it is shared with third parties, and how to exercise parental rights. A link to our full Privacy Policy is always provided.
No Conditioning of Participation
In compliance with 16 C.F.R. § 312.7, we do not condition a child's participation in any activity on disclosing more personal information than is reasonably necessary for that activity.
Advertising & Commercial Restrictions
- We do not engage in behavioral advertising targeted at children.
- Any advertising within children's apps is contextual only and complies with COPPA, FTC guidelines, and GDPR Recital 38.
- We do not create behavioral profiles of child users for any purpose.
- We do not sell children's personal information to any third party.
- We do not use children's data for purposes beyond the educational/entertainment purpose of the specific app.
Third-Party Service Providers & Children's Data
Any third-party service providers that process children's data are contractually required to: process data only for the specified purpose; maintain equivalent child privacy protections; not re-disclose, sell, or use children's data for their own purposes; and comply with COPPA and all applicable children's data protection laws.
Parental Rights
Parents and legal guardians have the right to: review information we hold about their child; request correction of inaccurate data; request deletion of their child's data (completed within 30 days of a verified request); refuse further collection or use of their child's data; and withdraw consent at any time without penalty.
11 Third-Party Services & Links
Our Services may integrate with or link to third-party services, including but not limited to:
- Apple App Store (Apple Inc.)
- Google Play Store (Google LLC)
- Analytics providers and crash reporting tools
- Payment processors
We are not responsible for the content, privacy practices, or terms of any third-party services. Your use of third-party services is subject to their respective terms and privacy policies. We encourage you to review them carefully.
12 Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED ACCESS.
We do not warrant that:
- The Services will always be available, error-free, or free of viruses.
- The results obtained from using the Services will be accurate or reliable.
- Any defects in the Services will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLEVERS NEST LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) USD $50.00.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
14 Indemnification
You agree to indemnify, defend, and hold harmless Clevers Nest LLC and its officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms.
- Your use of the Services in any manner not authorized by these Terms.
- Your violation of any applicable laws or regulations.
- Your infringement of any third-party rights.
15 Governing Law & Dispute Resolution
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 law provisions.
Dispute Resolution: Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in English.
Class Action Waiver: You agree that any arbitration or legal proceeding shall be conducted on an individual basis only and not as a class, consolidated, or representative action.
EU/EEA Users: Nothing in this section limits your rights under applicable EU consumer protection laws or your right to bring claims before your local courts as permitted by EU law.
16 International Users
Our Services are operated from the United States. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws. By using the Services, you consent to the transfer of your information to the United States and its processing there.
- EU/EEA Users: We comply with the General Data Protection Regulation (GDPR). Please see our Privacy Policy for details on your rights under GDPR.
- UK Users: We comply with the UK GDPR and the Data Protection Act 2018.
- Australian Users: We comply with the Australian Privacy Act 1988.
- Canadian Users: We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA).
17 Changes to These Terms
We reserve the right to update or modify these Terms at any time. When we make material changes, we will:
- Update the "Last Updated" date at the top of this page.
- Notify you via in-app notification or email (where we hold your email address).
Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
18 Termination
We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice, including for violations of these Terms. Upon termination:
- Your right to use the Services will immediately cease.
- Provisions that by their nature should survive termination (including intellectual property, disclaimers, indemnification, and limitation of liability) shall survive.
You may stop using our Services at any time. To delete your account, please contact us at [email protected].
19 Contact Us
If you have any questions about these Terms, please contact us:
16192 Coastal Hwy, Lewes, DE 19958, United States
Email: [email protected]
Support: [email protected]
Website: cleversnest.com