Terms of Use
Please read these terms. By downloading, installing or using Pastelings, you agree to them. If you do not agree, do not download or use the app.
The app is provided "as is", and you use it entirely at your own risk. To the fullest extent the law allows, Velassi and everyone involved in making or supplying the app accept no liability for any loss or damage connected with it, and our total liability is limited to the amount you paid for the app (sections 9 to 11). Nothing in these terms takes away rights that the law in your country says cannot be taken away (section 11).
Contents
- Who we are and this agreement
- Grown-ups are responsible
- Your license to use the app
- Your drawings
- Purchases and refunds
- Changes to the app
- Health and safety
- Other companies' services
- No warranties: use at your own risk
- Limitation of liability
- Rights the law protects
- Your responsibility for misuse
- Ownership
- Ending these terms
- Claims and disputes
- General
- Contact
1. Who we are and this agreement
Pastelings (the "app") is published by Velassi (Tatyana Dovletova) ("Velassi", "we", "us"). These terms are an agreement between you and Velassi. In these terms, the "Velassi Parties" means Velassi, its owner, and everyone who works on, contributes to or supplies the app.
The app is meant for young children, but these terms are made with the parent or guardian who downloads the app or lets a child use it ("you"). By doing so, you accept these terms for yourself and for the child, and you confirm that you are an adult who can accept them.
The terms of the store you got the app from (the Amazon Appstore or Google Play) also apply. If they conflict with these terms about downloads, payments or refunds, the store's terms win on that point. Our Privacy Policy explains how information is handled.
2. Grown-ups are responsible
You decide whether the app is right for your child, and you are responsible for supervising your child while they use it and the device it runs on. That includes how long and how often they play, the volume, the device's own settings, parental controls and purchase controls, and keeping the device safe and in good order.
The grown-up check in the app (hold a button, then answer a sum) is a simple hurdle for young children, not a security measure. To control purchases, use the parental controls and purchase approval settings of your device and store. You are responsible for every purchase made on your devices and store accounts.
Pastelings is for play and entertainment only. It makes no educational, developmental, medical or therapeutic promise, and it does not replace a parent's, teacher's or professional's care.
3. Your license to use the app
We give you a personal, limited, non-exclusive, non-transferable and revocable license to install and use the app on devices you own or control, for your family's personal, non-commercial use, under these terms and the store's usage rules. You may not, and may not let anyone else:
- copy, sell, rent, lend, share, redistribute or publish the app or any part of it;
- modify, translate, decompile, disassemble or reverse engineer it, except where the law allows this despite this clause;
- extract, reuse or publish its pictures, sounds, voices, music, texts or code, or use them to train or improve any artificial intelligence or machine learning system;
- get around the purchase, the grown-up check or any technical limit;
- use the app in any unlawful way or for any commercial purpose.
The app is licensed, not sold. Every right we do not expressly grant is reserved.
4. Your drawings
The pictures your child colors belong to you. We claim no rights in them. They are saved only on your device, and we do not receive them or keep any backup of them. They can be lost, for example when the app is uninstalled or reset, when the device is lost, broken or replaced, or because of an error or update. Keeping them is your responsibility, and we are not liable for their loss.
5. Purchases and refunds
The app is free to download. "Unlock everything" is an optional, one-time in-app purchase. Its price is shown by the store before you buy, and the store handles the payment, billing, taxes and refunds under its own policies. We cannot see your payment details, and we cannot issue refunds ourselves; please ask the store. Unless the store's policy or the law says otherwise, purchases are final.
The unlock belongs to the store account used to buy it. It can be restored on other devices that use the same store account ("Restore purchases" in the app), but it does not move between stores, for example from the Amazon Appstore to Google Play. Checking, buying and restoring need an internet connection and the store and RevenueCat to be working.
The unlock includes the pages and worlds the app offers when you buy it and those we add to the app later, for as long as we offer them. It does not promise any particular amount of future content or updates.
6. Changes to the app
We may update, change, add or remove features and content, set requirements such as a minimum device or operating system version, or stop offering, updating or supporting the app, at any time and without notice, as far as the law allows. You may need to install updates for the app to keep working. If the app stops being offered, the copy already on your device may keep working, but we do not promise it will, or for how long.
7. Health and safety
- Supervise young children whenever they use a device, and encourage regular breaks.
- Keep the volume at a comfortable, low level. The app has settings for sound effects, music and the voice under Grown-ups.
- The app shows moving pictures, sparkles and short animations. A small number of people may have seizures or other reactions when they see flashing or moving images. If your child has epilepsy or such reactions, ask a doctor before they use the app. Stop using it right away if your child feels unwell, dizzy or uncomfortable. "Calm mode" under Grown-ups slows motion and reduces sparkles, but does not remove all motion.
8. Other companies' services
The app depends on services from other companies, such as the app stores, RevenueCat, device makers, operating systems and internet providers. We do not control them and are not responsible for them, for their availability, or for anything they do or fail to do. Your use of them is governed by their own terms.
9. No warranties: use at your own risk
To the fullest extent permitted by law, the app, its content and everything we provide are supplied "as is" and "as available", with all faults and without any warranty, condition, guarantee or representation of any kind, whether express, implied or statutory. This includes, without limitation, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement.
You use the app entirely at your own risk. The whole risk as to its quality, performance, safety, suitability for any child and results is with you. We do not warrant that the app will meet your or your child's needs, work on your device, be available, uninterrupted, timely, secure, or free of errors, bugs or harmful components, that it will save or keep any drawing or setting, or that any error will be corrected. No advice or information from us creates any warranty that these terms do not expressly state.
10. Limitation of liability
To the fullest extent permitted by law, none of the Velassi Parties will be liable to you, your child or anyone else for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data or drawings, loss of or damage to any device, loss of use, loss of profits, revenue or goodwill, or for any personal injury, illness or emotional distress, arising out of or in connection with the app, these terms, or the use of or inability to use the app, whether based on contract, warranty, tort (including negligence), strict liability, statute or any other theory, and even if we were told such damage was possible.
To the fullest extent permitted by law, the total liability of all the Velassi Parties together, for all claims of every kind connected with the app or these terms, is limited to the amount you actually paid for the app and its in-app purchase in the twelve months before the event that gave rise to the first claim. If you paid nothing, it is zero.
These limits apply even if a remedy fails of its essential purpose, and they are an essential part of the bargain between you and us. The app is offered at its price only because of them.
11. Rights the law protects
Some countries and states do not allow certain warranties to be excluded, or certain kinds of liability to be limited or excluded. Examples include liability for death or personal injury caused by negligence, for fraud, for intentional or grossly negligent harm, and some statutory consumer rights, such as rights about faulty digital content in the EU and the UK. Nothing in these terms excludes or limits any liability or right that cannot lawfully be excluded or limited. Where such a law applies to you, the exclusions and limits in sections 9 and 10 apply to the fullest extent that law allows, and no further.
12. Your responsibility for misuse
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Velassi Parties from and against any claims, losses, liabilities, damages, costs and expenses, including reasonable legal fees, arising out of your or your child's misuse of the app, your breach of these terms, or your violation of any law or of anyone else's rights.
13. Ownership
The app and everything in it, including its name, pictures, characters, sounds, voices, music, texts and code, belong to Velassi or its licensors and are protected by copyright, trademark and other laws. Some fonts and sounds are used under open licenses, which are listed in the app under Grown-ups, Credits.
14. Ending these terms
You can end these terms at any time by deleting the app. Your license ends automatically, without notice, if you break these terms. When it ends, you must stop using the app and delete it. Sections 4 and 8 to 16 continue to apply after these terms end.
15. Claims and disputes
If you have a problem with the app, please contact us first at velassi.co@gmail.com. Most problems can be solved quickly that way, and you agree to give us at least 60 days to try before starting any formal claim.
To the fullest extent permitted by law: any claim must be brought individually, not as a plaintiff or member of a class, collective or representative action; and any claim connected with the app or these terms must be started within one year after the cause of the claim arose, or it is permanently barred.
These terms are governed by the laws of the country where Velassi is based, without regard to conflict-of-law rules. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in its courts where that law gives you the right to.
16. General
- Changes to these terms. We may update these terms. The new version applies from the date shown at the top of this page. If you keep using the app after that, you accept the new version; if you do not, stop using the app and delete it.
- Whole agreement. These terms, the Privacy Policy and the store's terms are the whole agreement between you and us about the app.
- Severability. If a court finds any part of these terms invalid or unenforceable, that part is limited or removed only as far as needed, and the rest stays in full force.
- No waiver. If we do not enforce a part of these terms, that does not waive our right to enforce it later.
- Transfer. You may not transfer these terms. We may transfer them, for example to a new publisher of the app.
- Events beyond our control. We are not responsible for any delay or failure caused by events beyond our reasonable control.
- Store terms. Amazon and Google are not parties to these terms and are not responsible for the app or its support.
- Language. These terms are written in English. If a translation differs, the English version applies, unless the law says otherwise.
17. Contact
Velassi, velassi.co@gmail.com