Terms of Service.

Effective Date: June 10, 2020

PLEASE READ THESE TERMS OF USE (“TERMS”) BEFORE USING THE SERVICES. THESE ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICES. DO NOT PURCHASE A SUBSCRIPTION, REGISTER FOR AN ACCOUNT, OR USE THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS.

IDENTIFICATION OF THE DATA CONTROLLER

We inform you that the data you provide will be processed by Ahoiii Entertainment UG Inc., located at Gilbachstr. 24, 50672 Cologne, Germany (hereinafter the “Data Controller”) for the following purposes: You can contact the Data Controller via the following URL: https://www.ahoiii.com

Welcome to Fiete School, which is owned and operated by AHOIII ENTERTAINMENT UG, Inc. (“Company,” “we,” “us,” or “our”). By purchasing a subscription, registering an account, or using ahoiii.com, including all services offered therein, including all specific features of our products and/or services and all other websites and applications linked to these terms (collectively the “Services”), you confirm that you have read and understood these terms and agree to be bound by them. Both these terms and separate service or sales terms (“Additional Terms”) may apply to your use of the Services or to any contest, service, or product offered through the Services. To the extent there is a conflict between these terms and additional terms, the additional terms shall take precedence unless the additional terms expressly state otherwise. In these terms, the term “you” refers to adult users of the Services and purchasers of accounts. An “Adult” is a person of legal age who can enter into a contract in the state where the user resides; by using the Services, you warrant that you are an Adult and that you are responsible for ensuring that any child or student you authorize to use and access the Services does so in accordance with these terms.

These terms are intended for parents and users of the Services.

The collection, use, and possible disclosure of information collected from you or a child authorized by you by the Company is described in the Privacy Policy (www.ahoiii.com/privacy), which is incorporated by reference into these terms.

Use of Email Address for Communication

By registering an account or using the Services, you agree that we may use your email address to send you information about your accounts, subscriptions, and other services. This also includes updates, notifications, offers, and information about new features or products that may be of interest to you. Additionally, we may use your email address to invite you to user testing and surveys aimed at improving the quality of our services. You may unsubscribe from receiving such emails at any time by using the unsubscribe link in the email or by contacting us directly.

Summary of Key Points:

You should read all of these terms as well as our Privacy Policy (whose terms are integrated into these terms), but here are some important points:

By purchasing a subscription, registering an account, or using the Services, including certain features of our products and/or services, you accept these terms.

We currently offer our Services for:

Families – through user accounts; and

Schools – through teacher accounts;

By activating an account, you agree that we may automatically renew your subscription for the same term on the day after your previous subscription expires, and you authorize us to charge you for the subscription term, unless you cancel your account before the renewal date in accordance with the procedures described in the “Subscription Cancellation” section under 2.C.iii.

YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GO TO COURT.

Your use of the Services is at your own risk and results in no liability to us.

Table of Contents

• Description of Services.
• Accounts, Passwords and Payments.
• Ownership of Services and License.
• Content You Submit.
• Usage Restrictions for Services and Content.
• Linking To and From Our Services.
• Applicable Law/Jurisdiction.
• Disclaimer of Representations and Warranties.
• Limitation of Liability.
• Indemnification.
• Infringement Policy and Reporting Procedures.
• Wireless Features.
• Submission of Feedback.
• General Provisions.

1. Description of Services.

As part of the Services, we provide a platform and various associated games, applications, features, and content through our website www.ahoiii.com.

Users of the Services (“Users”) include “Child Users” or “Students” (children who use the child-appropriate learning portion of the Services, including specific features of our products and/or services (such as Fun Face, Camera, Calls, and Voice Recognition Prototype), “Adult Users” (including parents and guardians of Child Users, teachers, and school administrators).

2. Accounts, Passwords and Payments.

A. Account Types. We currently offer the following types of accounts through the Services: Family accounts and Teacher accounts (collectively referred to as “Accounts”).

(i) Family Accounts. A Family account may have a maximum of four users, including one adult user and up to three child users that adult users add to the Family account.

(ii) Teacher Accounts. Teacher accounts may only be registered by an Adult who is currently employed by a school, school district, licensed childcare facility, or other licensed educational institution or educational program (“Educational Institution”) (an “Educator”). Please note that these are NOT online teacher accounts used for online instruction with the Services. To be eligible for a free Teacher account, the Educator must be employed by an Educational Institution at all times during the subscription period. The Educator’s employment status must be independently verifiable, and the Educator may only use or facilitate the use of the Teacher account for students of the Educational Institution for which the Educator has authorization. If an Educator wishes to use the Services for their own family, they must register for a Family account. By registering for a Teacher account, you represent and warrant that (a) you have permission from your Educational Institution to enter into these terms on its behalf and to use the Services in connection with learning activities, and (b) your use of the Services and provision of student data through the Services complies with all obligations you and your Educational Institution have under applicable laws, including without limitation the Family Educational Rights and Privacy Act. Should you at any time no longer be employed by your Educational Institution or no longer receive permission from it to use the Services, you agree to notify the Company immediately. Teacher accounts are free and offered at the Company’s sole discretion, and we reserve the right to refuse, cancel, or change the terms for individual or all Teacher accounts at any time and for any reason, except with respect to the collection, use, and disclosure of child user data, which we will handle in accordance with our Privacy Policy.

B. Passwords and Account Access. An adult user who must be at least 18 years old is designated for each account. You are responsible for maintaining the confidentiality of your password and account information. You agree that (a) you will provide complete and accurate registration information about yourself and all persons you authorize to access your account and keep your account information current, (b) you are solely responsible for all activities that occur under your account, (c) you will immediately notify us of any unauthorized use of your account, (d) we are not responsible in any way for losses you may incur as a result of unauthorized use of your account and password, and (e) you will not sell, transfer, or assign your account or account rights. If we learn that an unauthorized user has created an account, we may obtain confirmation of the user’s status or deactivate the account.

C. Account Fees. We may charge a fee for certain types of accounts, such as an account fee or subscription fee. For existing subscribers, we may change your fee at any time at our sole discretion at the end of your subscription period. All fees are payable in accordance with the payment terms in effect at the time the fee or charge is due. We may offer trial subscriptions for promotional purposes to provide access to the Services free of charge or at specially reduced prices. If you sign up for a trial subscription, your rights to use the Services are limited by the terms of such trial subscription and will end or renew in accordance with the terms of your trial subscription and/or applicable additional terms. Please note that in the event of a price reduction or promotional offer for new subscribers, we do not offer price protection or refunds for existing subscribers.

(i) Authorization to Bill for Services. You must use either a credit card, debit card, or other payment mechanism accepted by us (e.g., Google Play Store, Apple’s iTunes App Store) (“Payment Mechanism”) to activate and maintain a paid account. You authorize us to charge you through the Payment Mechanism you use when registering for an account. You are also responsible for fees for all products or services you order that are offered for sale through the Services, including specific features of our products and/or services, such as Fun Face, Camera, Calls, and Voice Recognition Prototype. In the event that we do not receive payment through the Payment Mechanism you use, you agree to pay all amounts due upon our request and are solely responsible for any disputes with your payment provider. Should the provided payment mechanism initially be declined due to insufficient funds or other reasons, we reserve the right to attempt to charge the payment mechanism in full or in smaller installments of the originally incurred fee. You will not be charged more than the amount for which you purchased your account subscription. You bear sole responsibility for all overdraft fees and/or penalties that may be charged by your payment provider. We use a third party to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor suffers a data breach that affects your data through no fault of the Company, the Company is not responsible or liable to you in any way for such breach.

(ii) Subscription Renewal. By activating an account, you agree that we may automatically renew your subscription for the same term on the day after your previous subscription expires, and you authorize us to charge you for the subscription term, unless you cancel your account before the renewal date in accordance with the procedures described in the “Subscription Cancellation” section below. We will charge your credit card (or other payment method you originally used) annually, monthly, or for any other applicable period (depending on the term you selected) at the then-current price.

(iii) Subscription Cancellation. Unless you purchased your subscription through Apple’s iTunes App Store, you may cancel your account before the renewal date through the “Manage My Subscription” section in the “Parents” area of the app or by contacting our customer service to cancel your subscription and avoid future billing. In this case, you should know that we strive to process customer requests within 24 hours; however, we cannot guarantee that your cancellation will be registered within this timeframe. We accept all cancellations received before the renewal date, except for iTunes App Store subscriptions. If you downloaded our app through Apple’s iTunes App Store, you must follow the cancellation instructions provided in the iTunes App Store. For all accounts, you will continue to have access to your account for the period you have already paid for in advance. If you activated a paid account at a discounted price or special price, opted for installment payments, and then canceled this account before all installments were paid, the period after cancellation during which your account remains accessible will be calculated based on the non-discounted price in effect at the time of cancellation. After you cancel your account, we will no longer charge you subscription fees after your current subscription expires. Please note that we do not provide full or partial refunds for amounts paid in advance. In any case, you may continue to use the Services during the remaining period of the subscription for which you have already paid.

(iv) Refunds. If you sign up for a trial subscription through a payment mechanism that is NOT through Apple’s iTunes App Store, you are entitled to a refund of fees paid for your account within 7 days of the payment date. After the 7th day, you are no longer entitled to a refund. If your account includes additional add-on services, you are not entitled to a refund.

3. Ownership of Services and License.

A. Ownership. As between us and you, the Services, including specific functionalities of our products and/or services (including past, present, and future versions), are our property and are controlled by us, and their contents are protected by U.S. and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible. “Content” means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code displayed in or made available through the Services, as well as the design, structure, selection, coordination, expression, and arrangement of such materials, including but not limited to (i) materials and other items relating to us and our products and services, including but not limited to all activities, games, lesson plans, teacher training, printable templates, characters, photographs, audio clips, sounds, images, videos, and animations; (ii) trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (collectively “Marks”); and (iii) other forms of intellectual property.

B. Limited License. Subject to your strict compliance with these terms and payment of all applicable subscription fees, we grant you a limited, non-exclusive, revocable, non-assignable, and non-transferable license (“License”) to access, display, view, use, play, and/or make one (1) copy (except for certain printable activities provided through the Services that are indicated as being printable multiple times) of the Content on a PC, mobile phone, or other wireless device or other internet-enabled device (each an “Internet Device”) solely for your personal, non-commercial use (e.g., teachers may use the content of the Services, including specific features of our products and/or services, for educating their students, and use by other users is limited to personal use). The License does not grant you ownership or other intellectual property rights in the Content or Services, including specific features of our products and/or services, and you may not otherwise use the Content or Services without our express prior written permission. All rights not expressly granted to you are reserved to us and/or our licensors and other third parties. Unless expressly provided in these terms or with express prior written consent of the Company, no part of the Services and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcast, sold, licensed, or otherwise exploited for any purpose. Any unauthorized use of Content or the Services for any purposes is prohibited.

4. Content You Submit.

We may allow the posting, transmission, or distribution of artwork or other content created by users (“User-Generated Content”) in or through the Services, including through certain features of our products and/or services (e.g., and without limitation the Fun Face, Camera, Calls, and Voice Recognition prototypes). All rights in User-Generated Content, including all intellectual property rights, remain the exclusive property of the user. By posting, transmitting, or distributing User-Generated Content on or through the Services, you grant us a limited, non-exclusive license to use, reproduce, distribute, display, transmit, and publish such User-Generated Content for the purposes stated in these terms, the published Privacy Policy, and any additional terms, in all formats, on or through any known or later developed medium and with any known or later developed technology or device. You agree that we may publish User-Generated Content created by minor users through your account, as long as the publication cannot be used to specifically identify those minor users. If you are an adult, you also agree to the publication of information that may be used to identify you in connection with User-Generated Content. For example, we may display User-Generated Content submitted in response to contests and sweepstakes, or publish testimonials you send us along with your name and other information you submit.

The Company has full, exclusive, and complete intellectual property rights in all recorded videos. The Company undertakes to treat your information and that of your student strictly confidentially. Without your express prior written consent, the Company may not use the information, including portraits of you or your student, or information indicating the identity of you or your student, for commercial or marketing purposes. Only if one of the following events occurs may the Company use your information, including portraits, names, or other personal information, without your prior consent or payment to you: (1) The portrait rights, name rights, and other civil rights of you and your student have been clearly waived; (2) the information is used for internal use, subject to your consent to the Company’s Privacy Policy.

5. Usage Restrictions for Services and Content.

You agree that you will not: (i) engage in activities, including but not limited to uploading, posting, emailing, or transmitting User-Generated Content that (a) attempt to harm or cause damage to us, the Services, including specific functionalities of our products and/or services, or others; (b) are unlawful, false, inaccurate, misleading, offensive, obscene, indecent, violent, harassing, threatening, abusive, unauthorized, defamatory, invasive of others’ privacy, or otherwise objectionable to us in our sole discretion; (c) violate third-party rights, including but not limited to uploading, posting, emailing, or transmitting User-Generated Content that infringes the intellectual property right, publication right, trade secret, or other proprietary right of another person; (ii) You and the student may not disparage the Company’s performance, spread false or misleading statements, or otherwise take actions that could reasonably be expected to adversely affect the personal or professional reputation of the Company or Company employees. (iii) reverse engineer, disassemble, or modify any source or object code or software or other products, services, or processes accessible through the Services, including specific features of our products and/or services, or attempt to install any software, file, or code on the Services that is not authorized by the Company; (iv) engage in activities (except for using certain features of the Services, such as Site Timer or Activity Blocker, Fun Face, Camera, Calls, and Voice Recognition Prototype or others that may be available from time to time) that interfere with a user’s access to the Services or the proper operation of the Services; (v) access the Services or collect information using automated means (such as through scripts, robots, scrapers, or spiders); (vi) use meta-tags or other “hidden text” that utilizes any of our Marks; (vii) impair or circumvent security features of the Services or features that restrict use or access to the Services, certain features of our products and/or services, or their content; (viii) use the Services for commercial or political purposes; (ix) disclose, collect, or otherwise capture information, including email addresses or other private information about third parties without their express consent; or (x) otherwise violate these terms or additional terms or solicit, encourage, or assist others to do so.

6. Linking To and From Our Services.

A. Linking to or Framing Our Services. If you link to our Services, you must comply with the following requirements: (i) The link to the Services must not damage, disparage, present false information about, or tarnish the reputation associated with our Marks, products, services, and/or intellectual property; (ii) the link to the Services must not create the false impression that your websites and/or your organization are sponsored by us, endorsed by us, affiliated with us, or associated with us; (iii) no one may “frame” the Services or create a browser environment around any of the Content, including specific features of our products and/or services (as an example and not as a limitation: Fun Face, Camera, Calls, and Voice Recognition Prototype); and (iv) you may not link to the Services from a website that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal actions, that contains racist statements, that is defamatory, slanderous, scandalous, or seditious, or that we otherwise deem inappropriate in our sole discretion. We reserve the right to prohibit linking to the Services at our sole and absolute discretion for any reason, even if the linking complies with the requirements described above.

B. Links to Other Services and Third Parties. Children cannot access external links, including pop-up ads or other advertising directed at children that relates solely and exclusively to Fiete School products and/or services and is only available when an adult user has successfully passed the “Parents Only” question to unlock the adult areas or entered a password. Any interactions, transactions, and other dealings you have with third parties that you find on or through the Services (including those linked from the Services) are solely between you and the third party (including questions related to payments, goods delivery, and warranties), and we disclaim any liability in this regard.

7. Applicable Law/Jurisdiction.

A. Applicable Law/Jurisdiction. THESE TERMS AND ALL ADDITIONAL TERMS ARE SUBJECT TO AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA, REGARDLESS OF CONFLICT OF LAW PRINCIPLES.

B. Arbitration and Dispute Resolution. In the event that a controversy, claim, or dispute arises from or relates to the Services or these terms (collectively referred to as a “Dispute”), you and we agree to the following procedure for resolving the Dispute. To resolve a dispute as efficiently as possible, you and we agree to first discuss the dispute informally for at least thirty (30) days. For this purpose, the party wishing to raise the dispute must first send a notice to the other party that must include (1) a description of the dispute and (2) a proposed solution (together the “Dispute Notice”). If you wish to raise a dispute, you must send your Dispute Notice by certified mail to us: Ahoiii Entertainment UG, Gilbachstr. 24, 50672 Cologne. If we subsequently wish to discuss your dispute resolution notice with you, we will contact you using the contact information contained in your dispute resolution notice. If we wish to raise a dispute, we will send you our Dispute Notice to the email address we have on file for you. If we do not have a valid email address on file for you, we will send you our dispute resolution notice by certified mail.

If you and the Company do not reach an amicable solution within 30 days of receiving the dispute resolution notice, you and the Company agree that the dispute shall be resolved exclusively by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. The arbitration will be heard and decided by a single neutral arbitrator who is an attorney or retired judge, who will conduct the proceedings in accordance with the AAA’s supplementary procedures for consumer-related disputes. In resolving the dispute, the arbitrator will consider applicable law, the provisions of these terms and any additional terms, and any facts arising from the documents and on no other basis, and will issue a reasoned decision. If a party properly submits the dispute to the AAA for arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of filing a “Demand for Arbitration,” then either party may choose to have the arbitration conducted by Judicial Arbitration and Mediation Services Inc. (“JAMS”) and decided by a single neutral arbitrator who is an attorney or retired judge, applying JAMS’s simplified arbitration rules and procedures, or by another arbitration administration service that you and we agree to. Information about AAA and JAMS procedures, rules, and fees can be obtained as follows:

AAA: 800.778.7879 JAMS: 800.352.5267 http://www.adr.org http://www.jamsadr.com

(i) Nature, Limitations, and Location of Alternative Dispute Resolution. In arbitration, as in court, the arbitrator will resolve the dispute presented and may issue a decision in accordance with this Section 6. However, in arbitration there is no judge or jury; the arbitration proceeding and arbitration are subject to certain confidentiality rules; and judicial review of the arbitration outcome is limited. All parties involved in the arbitration have the right to be represented by an attorney or other representative of their choice at their own expense. If an in-person arbitration hearing is required, it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you reside at the time the dispute is submitted to arbitration. You and we will bear the administrative and arbitrator fees and other costs in accordance with the applicable arbitration rules, but if the applicable arbitration rules or laws require us to pay a greater portion or all of the fees and costs for this Section 6 to be enforceable, then we have the right to pay the fees and costs and proceed with the arbitration. Discovery will be permitted in accordance with the applicable arbitration rules. The arbitrator’s decision must consist of a written statement setting out the individual claims of the dispute and must include a statement of the essential findings and conclusions on which the decision and any award are based. Judgment on the arbitration decision and award (if any) may be entered in any court having jurisdiction over the parties.

(ii) Small Claims are Excluded. Either of us may bring a qualifying dispute in small claims court.

C. Injunctive Relief. The foregoing provisions of this Section 6 do not apply to legal action taken by either party to obtain injunctive or other equitable relief in connection with an intellectual property claim or a claim related to unauthorized access to data through the Services (including but not limited to claims related to patents, copyrights, trademarks, and trade secrets, as well as claims related to accessing or retrieving data through the Services, including through certain features of our products and/or services, using an automated process such as scraping).

D. Timing of Claim. To enable prompt and direct resolution of issues between you and us, you and the Company agree that a dispute resolution notice must be sent within one year of the occurrence of the events that led to the dispute, or an injunctive action under this Section 6 must be filed; otherwise, the dispute is barred.

E. No Class Actions. You and the Company agree that all disputes will be arbitrated only on an individual basis and will not be consolidated with other arbitrations or other proceedings involving claims or disputes of another party.

8. Disclaimer of Representations and Warranties.

ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK.

THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” Therefore, we and our parent company, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, representatives, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively referred to as “Company Parties”) disclaim and make no express or implied representations, warranties, endorsements, or promises to the fullest extent permitted by law regarding:

The Services (including Content and User-Generated Content); the functions, features, including specific functionalities of our products and/or services, or other elements contained in or accessible through the Services; any products, services, or instructions offered in or referenced in the Services; Whether the Services (and their content) or the servers that provide the Services are free from harmful components (including viruses, Trojans, and other technologies that could adversely affect your Internet Device); the specific availability of the Services and whether any defects in the Services will be repaired or repaired within a certain timeframe; and whether your use of the Services is lawful in a particular jurisdiction.

EXCEPT FOR WARRANTIES SPECIFICALLY SET FORTH IN ADDITIONAL TERMS, THE COMPANY PARTIES HEREBY FURTHER DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISUSE OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, COURSE OF DEALING, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES, OR OTHER HARMFUL ELEMENTS.

Some jurisdictions limit or do not allow the exclusion of implied or other warranties, so the above exclusions may not apply to the extent that the laws of such jurisdictions are applicable.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL ANY COMPANY PARTY BE RESPONSIBLE OR LIABLE FOR LOSSES OR DAMAGES OF ANY KIND, including personal injury or death, or for direct, indirect, economic, exemplary, special, punitive, incidental, or consequential damages directly or indirectly related to the Services:

The Services (including Content and User-Generated Content and specific functionalities of our products and/or services); Your use or inability to use the Services, or the performance of the Services; the failure of a child using the Services to learn or otherwise derive educational benefit from them; any actions taken in connection with an investigation by Company Parties or law enforcement agencies regarding your access to or use of the Services, including specific functionalities of our products and/or services; any actions taken in connection with copyright holders or other intellectual property holders or other rights holders; Any errors or omissions in the technical operation of the Services; or Any damage to a user’s computer, hardware, software, modem, or other equipment or technology, including damage from security breaches or viruses, bugs, tampering, fraud, error, omissions, interruptions, defects, delays in operation or transmission, computer line or network failures, or other technical or other malfunctions, including losses or damages in the form of lost profits, loss of goodwill, data loss, work interruptions, inaccurate results, or equipment failures or malfunctions.

The foregoing liability limitations apply even if any of the events or circumstances was foreseeable and even if the Company Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action in contract, negligence, strict liability, or tort (including whether caused in whole or in part by negligence, acts of God, telecommunications failure, or destruction of the Services).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the type described above, so the above limitation or exclusion may not apply to you.

UNLESS PROVIDED IN ADDITIONAL TERMS, THE TOTAL LIABILITY OF THE COMPANY PARTIES TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESE TERMS SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO US IN THE PRECEDING TWELVE MONTHS FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION, TO THE EXTENT PERMITTED BY LAW.

10. Indemnification.

To the extent permitted by law, you agree to indemnify, defend, and hold harmless the Company Parties from all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from: (a) your breach or alleged breach of these terms; (b) your use of the Services or activities in connection with the Services, including specific functionalities of our products and/or services; (c) your User-Generated Content; (d) your violation of laws, rules, or regulations; or (e) your violation of third-party rights. The Company Parties reserve the right to assume, at their sole expense, the exclusive defense and control of all matters subject to indemnification by you; in this case, you will fully cooperate with the Company Parties in asserting all available defenses. You will not settle any claim without our prior written consent. If a child you permit to use or access the Services rejects these terms in whole or in part, you agree to defend, indemnify, and hold us harmless for all damages caused to us by the child’s rejection.

11. Infringement Policies and Reporting Procedures.

If you believe that your material has been posted on the Services or distributed through the Services in a manner that constitutes copyright infringement, please provide the following information required by the DMCA: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “complaining party”); (ii) identification of the copyrighted work(s) that is/are allegedly infringed; (iii) identification of the material that is allegedly infringing or the subject of infringing activity, and information sufficient to enable us to locate the material; (iv) information sufficient to enable us to contact the complaining party; (v) a statement that the complaining party (name, address, telephone number, and email address) has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that the complaining party is authorized under penalty of perjury to act on behalf of the owner of an exclusive right that is allegedly infringed. The DMCA provides that a person who knowingly materially misrepresents that material or activity is infringing may be held liable. We may forward the information in the complaining party’s notice to the person who provided the allegedly infringing material.

12. Wireless Features.

A. Wireless Features. The Services may offer certain features and services, including specific features of our products and/or services (e.g., Fun Face, Camera, Calls, and Voice Recognition Prototype), that are available to you through your wireless Internet device (collectively “Wireless Features”). Your carrier may charge standard messaging, data, and other fees that may appear on your mobile bill or be deducted from your prepaid balance. Your carrier may prohibit or restrict certain Wireless Features, and certain Wireless Features may be incompatible with your carrier or wireless Internet device. You agree that we may send notices about us or other parties to your wireless Internet device regarding the Wireless Features for which you are registered. If you have registered for Wireless Features through the Services, you agree to notify us of all changes to your wireless number (including phone number) and update your account to reflect the changes.

13. Submission of Feedback.

Under certain circumstances, we may ask adult users for feedback or ideas about their experiences with our Services, including certain features of our products and/or services (e.g., Fun Face, Camera, Calls, and Voice Recognition Prototype). If you choose to provide us with feedback, you acknowledge and agree (i) that you expect no review, compensation, or consideration of any kind for this feedback or ideas, and (ii) that we are free to use and exploit this feedback or ideas at our discretion and without compensation or obligation to you.

14. General Provisions.

A. Termination and Suspension. We reserve the right to discontinue the Services or suspend or terminate your access to the Services, including accounts or User-Generated Content you have submitted, at any time without notice, for any reason, and without any obligation to you or third parties. If information you provide to us, or if we have reasonable suspicion that information you provide to us, is false or inaccurate or otherwise violates these terms, we may suspend or terminate your account or deny you access to all or part of the Services. Suspension or termination does not affect your obligations to us, including any payment obligations to us, and you have no right to refund of payments. Upon suspension or termination of your access to the Services or upon notice from us, your license to use the Services immediately terminates.

B. Communications. When you communicate with us electronically, such as through a communication tool of the Services, you agree to receive communications from us electronically. Please note that we will do our best to respond to your request, but this may take some time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements for written form.

C. Operation of Services; International Issues. We control and operate the Services from the United States. If you use the Services from another location, you are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, to the extent that local laws apply (e.g., local educational regulations or privacy laws). You and we disclaim any application of the United Nations Convention on Contracts for the International Sale of Goods.

D. Severability; Interpretation. Should any provision of these terms or additional terms be deemed unenforceable by a court or arbitrator for any reason, you agree that every effort will be made to effectuate the intentions of the parties as expressed in that provision, and that the remaining provisions contained in this agreement shall remain in full force and effect. You agree that these terms and additional terms will not be construed against us because we drafted them.

E. Assignment. We are entitled to assign our rights and obligations under these terms or additional terms, in whole or in part, to any party at any time and without notice. These terms and all additional terms may not be transferred by you, and you may not delegate your obligations under these terms.

F. No Waiver. No waiver by us of any of these terms has any force or effect unless it is made in writing and signed by a duly authorized representative of Ahoiii Entertainment UG Inc.

G. Updates to Terms. We reserve the right to modify these terms or additional terms from time to time at our sole discretion (“updated terms”). You agree that all updated terms take effect immediately upon their publication on the Services, provided that (i) any change to Section 6 regarding dispute resolution does not apply to disputes initiated before the respective change, and (ii) any change to provisions regarding fees and billing does not apply to fees incurred before the respective change. If you do not cancel your account within 7 days of receiving notification of the updated terms as described above, or if you continue to use the Services after receiving notification of the updated terms, you agree to comply with and be bound by the updated terms.

H. Survival. In the event of termination of these terms, whether by you or the Company, the following sections shall remain in full force and effect: Section 4 (Content You Submit), including but not limited to the Company’s right to use your content, Section 5 (Usage Restrictions for Services and Content), Section 6 (Linking To and From Our Services), Section 7 (Applicable Law, including Arbitration and Dispute Resolution), Section 8 (Disclaimer of Warranties), Section 9 (Limitation of Liability), Section 10 (Indemnification), Section 11 (Infringement Policies and Reporting Procedures), Section 13 (Submission of Feedback), and Section 14 (General Provisions).

I. Entire Agreement. These terms constitute the entire agreement and understanding between the Company regarding the subject matter of the terms and supersede all prior agreements and understandings of the parties regarding such subject matter. These terms may not be modified, supplemented, or amended through the use of other documents unless otherwise agreed in a written agreement signed by you and the Company. To the extent that anything in or related to the Service conflicts with or is incompatible with these terms, these terms shall take precedence.

J. Contact Us. If you have questions or concerns regarding these terms or the Services, you may contact us via the following URL: https://www.ahoiii.com