Terms of Use

Last updated [9/5/2025]

Thank you for choosing to be part of our community at Hypersity OÜ, operating under the brand PucaPlay ("PucaPlay", "we", "us", or "our"). We are committed to providing a safe, secure, and enriching experience for children and their families. If you have any questions or concerns about these Terms or our practices, please contact us at [email protected].

By downloading or using the PucaPlay mobile application ("App") from the Apple App Store, including any future updates, you ("You", the parent or legal guardian) agree to be bound by the terms and conditions outlined in this License Agreement ("Agreement"). Your continued use of the App signifies your acceptance of this Agreement.

The parties acknowledge that Apple Inc. is not a party to this Agreement and bears no responsibility for the App’s content, maintenance, support, or warranty obligations. Hypersity OÜ, not Apple, is solely responsible for the PucaPlay App and all content contained therein.

This Agreement is intended to comply fully with the latest App Store Terms of Service. Hypersity OÜ affirms that it has reviewed these terms and confirms that this License Agreement does not conflict with Apple’s policies.

Unless otherwise stated, all rights not expressly granted to you in this Agreement are reserved.

1.The Application

PucaPlay (hereinafter referred to as the "Application") is a mobile software developed to provide children and their families with access to a curated collection of audio stories, meditations, and sleep sounds — all carefully crafted for young users between the ages of 3 and 10. The Application is optimized for Apple mobile devices and is intended to be used under the supervision and guidance of a parent or legal guardian.

The Application is not designed or intended for use in connection with industry-specific regulations, including but not limited to:

The Health Insurance Portability and Accountability Act (HIPAA)

The Federal Information Security Management Act (FISMA)

The Gramm-Leach-Bliley Act (GLBA)

If your use of the Application would subject it to such regulations, you are prohibited from using the App for those purposes.

The App is not intended for professional, therapeutic, medical, financial, or legal use. It is solely designed to offer age-appropriate audio content for recreational and educational enjoyment.

2. Scope of License

2.1 You are granted a non-exclusive, non-transferable, and non-sublicensable license to download, install, and use the PucaPlay application ("Licensed Application") on any Apple-branded device that you own or control, in accordance with Apple’s App Store Terms of Service and Usage Rules. This license also permits use by other family members through Apple Family Sharing, if enabled on your account.

2.2 This license extends to any future updates or enhancements provided to you by PucaPlay that replace, supplement, or improve the original application — unless a separate license is issued with such an update, in which case that new license will apply.

2.3 you may not:

Sell, rent, lend, lease, redistribute, or sublicense the Application;

Share access to the app with third parties except where expressly permitted (e.g., Family Sharing);

Use the Application in commercial, therapeutic, medical, or legal contexts.

2.4 You may not attempt to modify, reverse engineer, decompile, disassemble, translate, or otherwise tamper with any part of the Application, its source code, or related content, unless such actions are explicitly permitted by law or by written consent from Hypersity OÜ. 2.5 You may create a copy of the Application for backup purposes only, on a device that you own or control. All copyright and proprietary notices must be retained, and you must ensure that no unauthorized third parties gain access to these copies. 2.5 Any violation or attempted circumvention of these license terms may result in legal action, including potential civil or criminal penalties. 2.6 We reserve the right to modify this license at any time. Any changes will be made available via updated Terms of Use and will take effect upon publication. 2.7 You are responsible for complying with all third-party terms and conditions that may apply when using the Application (e.g., Apple iCloud, device settings, or third-party content platforms, if applicable)

3. Technical Requirements

3.1 The PucaPlay application requires iOS version 15.6 or higher to function properly. For the best performance, stability, and access to the latest features, we recommend using the most up-to-date version of iOS available on your Apple device.

3.2 We reserve the right to update or change the technical requirements of the Application at any time. These changes may be necessary to ensure continued compatibility, introduce new features, or enhance security and performance.

4. Maintenance and Support

4.1 Hypersity OÜ, as the Licensor, is solely responsible for providing all necessary maintenance, updates, and support services for the PucaPlay application. If you have any questions, encounter technical issues, or require assistance, you may contact us directly at the support email provided in the App Store listing:

Support Email: [email protected]

4.2 You and Hypersity OÜ acknowledge that Apple Inc. has no obligation to provide any maintenance or support services for the PucaPlay application. All responsibilities in this regard rest solely with the Licensor.

5. Use of Data

You acknowledge and agree that the Licensor, Hypersity OÜ, may access, process, and manage certain non-identifiable usage data and personal information associated with your use of the PucaPlay application — but only in accordance with:

Applicable data protection laws, including COPPA and GDPR (where relevant)

The Terms of Use outlined in this agreement, and

The Licensor’s official Privacy Policy

You can view the most up-to-date version of our Privacy Policy here: Privacy Policy All data collected and used by the Application — especially any data related to children — is handled with the explicit consent of a parent or legal guardian and solely for the operation, support, or improvement of the App. The Licensor does not use this information for advertising, tracking, or any other commercial purposes.

6. Fees and Payment

PucaPlay offers access to its library of audio stories, meditations, and sleep sounds through a subscription-based model, available for purchase via Apple’s App Store.

All subscription payments are processed by Apple, and by purchasing a subscription, you agree to Apple’s applicable App Store Terms of Service. The Licensor does not process or store any payment information directly.

To unlock the full catalog of child-friendly audio content within PucaPlay, you must subscribe through an auto-renewing plan managed by Apple. Your subscription will automatically renew at the end of each billing cycle unless you cancel it through your Apple account settings.

Note for Parents: All purchases must be made by a parent or legal guardian. Children are not permitted to make purchases within the app.

You are responsible for reviewing and managing your subscription status, including cancellations or billing inquiries, through your Apple ID account settings.

Renewals and Cancellations

PucaPlay offers its subscription through an auto-renewing plan via Apple’s App Store. This means that your subscription will automatically renew at the end of each billing cycle unless you cancel it beforehand.

You can manage or cancel your subscription at any time by accessing your Apple ID settings on your iPhone, iPad, or computer.

For detailed instructions on how to cancel or modify your subscription, please visit:
🔗 https://support.apple.com/en-us/HT202039

Note to Parents: Only the parent or legal guardian should manage subscription settings. Children are not permitted to make or modify purchases within the app.

Refunds: Your payment is managed by Apple via iTunes or Google via Google Play and you will need to contact Apple or Google customer service for refunds, as we are not able to process refunds ourselves.

7. Limitation of Liability

7.1 To the fullest extent permitted by law, Hypersity OÜ (the Licensor) shall only be held liable for damages resulting from intentional misconduct or gross negligence

In the event of a minor or non-intentional breach of essential contractual obligations, our liability is limited to foreseeable damages that are typical for this type of agreement. We are not liable for any indirect, incidental, or consequential damages.

This limitation of liability does not apply to cases involving personal injury, including harm to life, body, or health.

7.2 We are not responsible for any damages or loss of data resulting from misuse, unauthorized modification, or circumvention of the Application. You are solely responsible for ensuring that your device and usage comply with Apple’s terms and for performing regular backups where applicable.

If the Application is altered, hacked, or used in a way not intended or authorized by us, your access to the content and functionality may be suspended or permanently revoked.

8. Warranty

8.1 The Licensor warrants that at the time of download, the PucaPlay application is free from viruses, malware, spyware, or any other malicious code, and that it functions substantially as described in the app’s official documentation and promotional materials.

8.2 This warranty does not apply if the Application:

Is modified or altered without authorization

Is used with unsupported devices, operating systems, or third-party software

Fails due to misuse, improper installation, or external factors beyond our control

The Licensor is not responsible for issues caused by third-party accessories, hardware malfunctions, or changes to Apple’s systems.

8.3 Upon installing the App, you are encouraged to promptly test its core functionality. If you notice any technical defects, please report them within thirty (30) days of discovery by contacting us at:

[email protected]

We will investigate your report and take appropriate action if a verified defect exists. 8.4 If a valid defect is confirmed, we may choose to resolve the issue by:

Releasing an updated version of the Application, or

Providing a replacement or other reasonable remedy

8.5 In the event of any failure of the Application to conform to an applicable warranty, you may also contact Apple, the App Store operator. Apple may refund your purchase price if eligible under their App Store policies. However, Apple is not responsible for any further warranty claims or service obligations related to the Application. 8.6 This warranty is provided in accordance with local consumer protection laws. For users classified as consumers, statutory warranty rights apply. If you are a business user, warranty claims are subject to a limitation period of twelve (12) months from the date the App was made available

9. Product Claims

You and Hypersity OÜ, the Licensor, acknowledge and agree that Apple Inc. is not responsible for addressing any claims related to the PucaPlay application or your use of it.

This includes, but is not limited to:

Product liability claims

Any claim that the Application fails to comply with legal or regulatory requirements

Claims arising under consumer protection laws, child privacy regulations (such as COPPA), or any similar legislation

PucaPlay does not use Apple frameworks such as HealthKit or HomeKit, and no health-related or home automation data is collected or processed by the Application.

All product-related claims should be directed to the Licensor at:

[email protected]

10. Legal Compliance

By using the PucaPlay application, you represent and warrant that:

You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and

You are not listed on any U.S. Government list of prohibited or restricted parties.

It is your responsibility to ensure that your use of the Application does not violate applicable laws and export regulations.

11. Contact Information

If you have any questions about these Terms, please contact us at [email protected].

By using PucaPlay, you are agreeing to be bound by the above terms and conditions. If you do not agree with any part of these Terms, you must not use the Service.

Hypersity OÜ
Metro Plaza, 3rd Floor, Viru väljak 2, Tallinn, 10111
EstoniaEmail: [email protected]

12. Termination

This license will remain in effect until terminated either by Hypersity OÜ or by you, the user (parent or legal guardian).

Your rights under this license will automatically terminate without notice if you fail to comply with any of the terms outlined herein

Upon termination, you must:

Stop using the PucaPlay application

Delete or uninstall all copies of the app from your devices

13. Third-Party Terms and Beneficiaries

Hypersity OÜ affirms that it complies with all applicable third-party terms of agreement, including Apple’s App Store Terms of Service, in relation to the use and distribution of the PucaPlay application.

In accordance with Apple’s “Instructions for Minimum Terms of Developer's End-User License Agreement,” you acknowledge that Apple and its subsidiaries are third-party beneficiaries of this license. Upon your acceptance of this agreement, Apple gains the right (and is deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary.

14. Intellectual Property Rights

You and Hypersity OÜ agree that in the event of any third-party claim alleging that PucaPlay or its use infringes on someone else’s intellectual property rights, Hypersity OÜ (not Apple) is solely responsible for:

Investigating the claim

Defending against it

Settling or resolving it if necessary

All content, characters, stories, and visuals provided within PucaPlay are protected under intellectual property laws and may not be copied or reused without permission.

15. Applicable Law

This End User License Agreement shall be governed by and construed in accordance with the laws of the Republic of Türkiye excluding its conflict of law rules.

16. Miscellaneous

16.1 If any part of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any invalid clause will be replaced with a valid one that closely reflects the original intent.

16.2 Any additional agreements, modifications, or amendments must be made in writing to be considered legally binding.

This requirement for written form may itself only be waived in writing.