Terms of Service

Terms of Service for APPe Nik Inc.

Effective Date: [Insert Date]

Welcome to https://appenik.com/ (“Site”). These Terms of Service (“Terms”) govern your access to and use of the Site, the DIMR app, and any other services provided by APPe Nik Inc. (“we,” “us,” or “our”). By accessing or using our services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By accessing or using the Site, DIMR app, or any other services provided by APPe Nik Inc., you agree to abide by these Terms and our Privacy Policy. You must be at least 18 years old or have the consent of a parent or guardian to use our services.

2. Changes to the Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting the revised Terms on this page, with an updated “Effective Date.” Your continued use of our services after any changes constitute your acceptance of the new Terms.

3. User Accounts

To access certain features of our services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to keep this information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. User Conduct

By using our services, you agree not to:

  • Use our services for any unlawful purpose or to solicit others to perform or participate in any unlawful acts.
  • Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of our services.
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • Attempt to gain unauthorized access to our services or systems.

5. Intellectual Property Rights

All content and materials available on the Site and DIMR app, including but not limited to text, graphics, website name, code, images, and logos, are the intellectual property of APPe Nik Inc. and are protected by applicable copyright and trademark laws. Unauthorized use, reproduction, or distribution of any content is strictly prohibited and may result in civil and criminal penalties.

6. Digital Services

APPe Nik Inc. offers a range of digital services designed to provide comprehensive solutions for your business and personal needs:

  • App Development: Custom mobile and web application development tailored to client specifications.
  • Website Design: Design and development of professional websites, including e-commerce and personal sites.
  • Digital Marketing: Services include SEO, pay-per-click advertising, email marketing, and content strategy.
  • AI Video Creation: Creation of custom AI-generated videos for marketing, education, or personal use.
  • Social Media Management: Full-service management of social media profiles, including content creation, posting schedules, and audience engagement.

Each service will be billed according to the scope of work agreed upon in the service agreement. Specific pricing details will be provided during the consultation phase and included in the service agreement.

7. Subscription Plans and Fees

APPe Nik Inc. offers various subscription plans and additional services for the DIMR app, designed to provide the best value over time:

  • Brass: Free
  • Silver: $4.97 Monthly, with savings of 5% for 6-month subscriptions and 10% for 12-month subscriptions.
  • Gold: $9.97 Monthly
  • Audiobook Subscriptions: Range from $22.97 for 1 month to $99.97 for 12 months.
  • eBooks and Audiobooks: Priced at $6.97 and $7.97 respectively.
  • Downloadable Activity Pages: Free for children.
  • Promotional Ad Services and In-App Blogging: Packages for educational institutions start at $350, with more extensive packages available. In-app blogging priced at $3.97 per blog.

Clients pay for products or services before accessing them through third-party payment providers (Google Pay, Apple Pay, Stripe). All fees are subject to change without notice and are non-refundable as clients receive immediate access to our intellectual property.

8. Third-Party Services

Our Site and app may include links to third-party websites, services, or content. We are not responsible for the content, accuracy, or opinions expressed on such websites, and they do not imply our endorsement. Use of third-party services is at your own risk.

9. Disclaimer of Warranties

APPe Nik Inc. provides the services on an “as-is” and “as-available” basis without any warranties, express or implied. We do not warrant that the services will be uninterrupted, secure, or error-free, or that any defects will be corrected.

10. Limitation of Liability

To the maximum extent permitted by law, APPe Nik Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data, or use, resulting from your use of or inability to use the services.

11. Indemnification

You agree to indemnify, defend, and hold harmless APPe Nik Inc. and its affiliates, directors, officers, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of your use of the services, your violation of these Terms, or your violation of any rights of another party.

12. Termination

We reserve the right to terminate or suspend your account and access to the services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the services, us, or third parties, or for any other reason.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.

14. Dispute Resolution

Any disputes arising out of or related to these Terms or our services shall be resolved through binding arbitration conducted in Ontario, Canada, unless prohibited by law.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

 

16. Children’s Privacy and Parental Supervision

a. Age Limitations: APPe Nik Inc. is committed to protecting the privacy of children. The DIMR app and related services are not intended for children under the age of 13 without parental supervision and consent. If you are under 13, you must have your parent or guardian read and agree to these Terms of Service before you use the app or any associated services.

b. Parental Consent: We require that all users who are minors in the jurisdiction in which they reside (generally under the age of 18) have the permission of, and be directly supervised by, their parent or guardian to use the Site and the DIMR app. The parent or guardian is responsible for monitoring and guiding the minor’s use of our services.

c. Parental Control and Responsibility: Parents or guardians who allow their children to access and use our services are responsible for the activities and conduct of their children in relation to our services, including any purchases and consents given. Parents or guardians agree to be fully responsible for ensuring that their children comply with these Terms and acknowledge that APPe Nik Inc. does not collect personal information from children under 13 without parental consent.

d. Reporting and Contact: If you believe that we have collected personal information from a child under 13 without parental consent, or if you as a parent or guardian wish to ask us to delete personal information collected from your child’s account, please contact us at support@appenik.com, and we will use reasonable efforts to delete such information from our databases.

 

17. Ad-Free Child-Friendly Content

a. Child-Safe Environment: At APPe Nik Inc., we prioritize creating a secure and child-friendly platform. Our DIMR app is designed to shield children from exposure to advertisements, promotional content, and payment sections. Children can freely engage with the educational and entertainment content on the app without interruptions or risks associated with exposure to inappropriate material.

b. Parental Access to Sponsor Services: While the children’s version of the app remains ad-free, parents and adult users have the option to access additional features, including sponsor services and promotional content. This allows us to offer a comprehensive experience for parents who wish to engage with these services without compromising the safety and integrity of the children’s user experience.

c. Safety Features: Our app incorporates robust safety features that ensure all child-directed content is suitable for their age and free of any commercial influences. These features include:

  • Strict filtering of content accessible in the children’s section.
  • Locks and safeguards that prevent children from accessing adult profiles or payment-related functionalities.
  • Regular updates and monitoring to maintain compliance with the latest safety standards and regulations.

d. Parental Responsibilities: Parents and guardians are encouraged to actively participate in their children’s digital experiences. We provide tools and settings that allow parents to maintain control over the interactions their children have within the app. Parents are responsible for managing their children’s profiles and ensuring their settings are configured according to their preferences and safety standards.

 

18. Contact Information

If you have any questions or concerns about these Terms, please contact us at: APPe Nik Inc. Mailing Address: PO BOX 88, Ottawa POB, Ontario K1P 6C3 Business Address: 1 Rideau Street, 7th and 8th Floor, Ottawa, ON K1N 8S7 Email (In-App Experience): dimr@didinmyroots.com Email (Products and Services): support@appenik.com