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TERMS OF SERVICE & RELEASE OF LIABILITY

Last Updated: June 21, 2026

Welcome to the website operated by "UpMinds" (hereinafter referred to as the "Company", "we", "us", or "our"). These Terms of Service and Release of Liability (the "Terms") govern your access to and use of our website, digital platform, and all associated products, including but not limited to "NeuroBook", "YumVerse", "100 Activity Cards", "Interactive Academy", and "Fairy Tales" (collectively referred to as the "Products").

PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING OR USING ANY PRODUCTS. BY ACCESSING, PURCHASING, OR USING THE PRODUCTS, YOU (ACTING FOR YOURSELF AND AS A PARENT OR LEGAL GUARDIAN OF ANY MINOR CHILD USING THE PRODUCTS) EXPRESSLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PURCHASE OR USE THE PRODUCTS.

1. FINAL SALE & NO REFUND POLICY

Due to the digital and instantly downloadable nature of our Products, all sales are strictly FINAL, NON-REFUNDABLE, AND NON-CANCELLABLE. Upon completion of your purchase, you receive immediate and unconditional access to our proprietary digital content, intellectual property, video materials, and downloadable assets. Consequently, you expressly waive any statutory or legal right to a "cooling-off" period, retraction, or refund once digital delivery has commenced. By initiating a purchase, you acknowledge and agree that no chargebacks, disputes, or refund requests will be honored or processed for any reason whatsoever, including but not limited to subjective dissatisfaction with content, child non-engagement, change of mind, or technical incompatibility with your hardware or software devices.

2. ASSUMPTION OF RISK AND RELEASE OF LIABILITY

BY PERMITTING YOUR CHILD TO ENGAGE WITH THE PRODUCTS, YOU VOLUNTARILY, KNOWINGLY, AND EXPRESSLY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH PHYSICAL ACTIVITY, MOTOR EXERCISES, STRETCHING, AND CULINARY ACTIVITIES, EVEN IF ARISING FROM THE NEGLIGENCE OF THE COMPANY OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR YOUR CHILD'S PARTICIPATION.

You acknowledge that the Products involve physical movement, motor coordination exercises, active games, and physical stretching. You represent, warrant, and covenant that your child is in excellent physical health and possesses no medical, physical, psychological, or developmental condition that would prevent or inhibit their safe participation. To the maximum extent permitted under applicable United States federal and state laws, you hereby RELEASE, WAIVE, FOREVER DISCHARGE, AND HOLD HARMLESS "UpMinds", its parent companies, subsidiaries, affiliates, owners, officers, directors, employees, independent contractors, and agents from any and all liabilities, claims, demands, losses, damages, costs, or causes of action (including reasonable attorneys' fees) arising out of or related to personal injury, illness, bodily harm, property damage, economic loss, or wrongful death resulting from, connected to, or arising out of the use or misuse of the Products, whether caused by the active or passive negligence of the Company or otherwise.

3. ABSOLUTE MEDICAL DISCLAIMER (NOT MEDICAL ADVICE)

THE CONTENT, VIDEOS, MATERIAL, AND INFORMATION PROVIDED WITHIN THE PRODUCTS ARE FOR GENERAL EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. The Company is not a medical provider, physical therapist, occupational therapist, licensed pediatrician, nutritionist, registered dietitian, or certified healthcare professional. Nothing contained in the Products or our communications should be construed, interpreted, or relied upon as medical advice, diagnosis, prognosis, prescription, or treatment. The physical exercises, developmental milestones, and nutritional recommendations provided do not account for individual physiological differences or underlying medical concerns. ALWAYS CONSULT WITH A LICENSED PEDIATRICIAN OR QUALIFIED HEALTHCARE PROVIDER before beginning any new physical regimen, developmental framework, or dietary changes with your child. Never disregard professional medical advice or delay seeking it because of content viewed in our Products.

4. MANDATORY ADULT SUPERVISION & ENVIRONMENT

The Products are explicitly designed, structured, and licensed to be used ONLY under the direct, constant, uninterrupted, and active supervision of a responsible adult. You assume sole and absolute responsibility for: (a) verifying the structural safety and appropriateness of the environment (e.g., clear floor space free of hazards, sharp edges, toys, or slippery surfaces); (b) ensuring your child's proper posture and safe execution of all movements; and (c) modifying any activities to match your child's individual capabilities and developmental stage. The Company disclaims all liability for any injuries or accidents occurring during unsupervised or under-supervised utilization of the Products.

5. YUMVERSE SPECIFIC TERMS: ALLERGIES, CHOKING, AND NUTRITIONAL ESTIMATES

The culinary, recipe, and dietary suggestions within "YumVerse" are subject to the following strict operational terms:

  • Allergies and Food Safety: You possess the sole and exclusive responsibility to review all ingredients listed in our recipes before preparation or consumption. You are entirely responsible for ensuring that ingredients do not provoke allergic reactions, anaphylaxis, intolerance, or adverse medical interactions in your child or anyone consuming the food. We disclaim any liability for adverse reactions, food poisoning, cross-contamination, or chronic allergy occurrences (including but not limited to reactions to nuts, dairy, gluten, soy, or eggs).
  • Choking Hazards: Certain recipes include components (such as whole nuts, seeds, dense raw vegetables, or specific structural food shapes) that pose an inherent choking hazard for infants and young children. You must meticulously modify all ingredients (by chopping, pureeing, mashing, or substituting) to align strictly with your child's age-specific chewing and swallowing competence.
  • Nutritional Estimates: All nutritional data, macronutrient profiles, caloric breakdowns, and associated health labels (such as "BrainBoost" or "Sugar-Free") are mathematical estimations generated via third-party software applications. They are provided solely as an analytical guide. The Company makes no warranties, express or implied, regarding the factual accuracy or clinical certainty of such metrics.

6. INTELLECTUAL PROPERTY & LIMITED LICENSE

Your lawful purchase grants you a single, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and view the digital material for personal, non-commercial, single-household use only. You are strictly prohibited from: copying, downloading (unless explicitly authorized), recording, mirroring, broadcasting, distributing, or republishing any video or text content; sharing account access credentials with any third party; or utilizing the Products for commercial benefit or within institutional facilities (e.g., schools, daycares, clinics) without a dedicated commercial license. Unauthorized distribution constitutes severe copyright infringement under U.S. copyright laws and will result in immediate termination of access without liability or refund, and the pursuit of statutory damages.

7. ABSOLUTE LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR EMOTIONAL DISTRESS, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF FORESEEABLE. THE TOTAL AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE PRODUCTS SHALL NOT EXCEED THE TOTAL EXACT AMOUNT PAID BY YOU TO THE COMPANY FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

8. GOVERNING LAW, MANDATORY ARBITRATION, AND CLASS ACTION WAIVER

These Terms, and all disputes arising directly or indirectly from them, shall be governed by and construed in accordance with the internal substantive laws of the State of Delaware, United States, without regard to its conflict of laws principles. This choice of law ensures uniform application across all fifty US states.

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR THE USE OF THE PRODUCTS SHALL BE SETTLED EXCLUSIVELY BY BINDING, INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. THE PLACE OF ARBITRATION SHALL BE WILMINGTON, DELAWARE, OR CONDUCTED VIRTUALLY BY MUTUAL AGREEMENT.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. ALL CLAIMS MUST BE BROUGHT IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING.