Terms and conditions Terms and conditions

TERMS AND CONDITIONS

 

Welcome to WonderTree!

These are the terms and conditions for:

By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refer to WonderTree's website, the platform for games and WonderTree's games as a whole, "we", "us", "our", and "WonderTree" refers to WonderTree, and "you" and "user", refers to you, the WonderTree user.

The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of WonderTree accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE FUNCTIONALITIES AND SERVICES AVAILABLE ON THE PLATFORM.

 

  1. ACCEPTANCE OF TERMS

By using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modification of these terms and conditions when you use WonderTree after the posting of such modification; therefore, it is important that you review this agreement regularly.

By using the platform, you represent and guarantee that you have full right, power and authority to enter into this agreement and to fully perform all your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

 

  1. NOTIFICATIONS

By providing your email address to WonderTree, you agree that we may use your email address to send you notifications and other messages, such as changes to service features, news and special content via email. If you do not wish to receive these emails, you may opt out of receiving them by submitting your unsubscribe request through the contact information or by using the "unsubscribe" option included in the emails. Unsubscribing may prevent you from receiving notifications of updates, news or special content related to WonderTree.

 

  1. ACCOUNT

Users can register on the platform by providing their full name, email address, and creating a password. Users will also be able to register and log in through their Google accounts. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WonderTree of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without WonderTree's prior authorization. WonderTree will not be liable for any loss or damage arising from your breach of this agreement.

Users can cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will result in the deletion of the account and the deletion of all personal data transferred to WonderTree.

WonderTree reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if WonderTree believes that you have violated any of these terms or provided WonderTree with false or misleading information.

 

  1. SUBSCRIPTIONS

WonderTree offers the following subscription plans:

  • Free Plan
  • Premium Plan
  • Customizable Plan for Institutions

Please check the descriptions of each type of subscription before purchasing a subscription. In the case of the customizable plan for institutions, the plan will be adapted according to the needs of each institution. When a user purchases a subscription, WonderTree will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of the payment and the start of the subscription. If the user does not receive the purchase confirmation and subscription initiation email, it is possible that it has been sent to the user's spam folder. In case the user did not receive the email even in the spam folder, please contact our support team through our contact information.

Subscriptions include automatic recurring billing payments according to the type of subscription (monthly and annual billing). You authorize WonderTree to renew your subscription and to make periodic and progressive charges on each billing date. The subscription billing date is the date on which you purchase the subscription and make the first payment. On the corresponding billing date, you will be automatically charged the subscription fee according to the subscription selected by the user (monthly or annual billing). The subscription will remain active until you cancel it, or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill you for the subscription billing fee in the payment method you choose during registration and subscription purchase.

Subscriptions will automatically renew for an additional period unless cancelled prior to the next billing period. To cancel subscriptions, users may cancel the subscription through their account settings in the billing section or they must submit a cancellation request through our contact information and the subscription will be cancelled for the next billing period. If a subscription is cancelled, the user will be able to continue using it until the next billing period.

WonderTree may change or discontinue the availability of subscriptions at any time at its sole discretion. If a subscription purchase is cancelled, the payment made for the subscription will be refunded for the applicable billing period. This does not affect your statutory rights.

 

  1. PAYMENTS

Subscriptions will be paid by the following payment methods:

  • Credit/debit card (Visa, Mastercard, Discover, Amex, Diners, etc.)

The corresponding subscription payment will be charged to your credit or debit card upon completion of the payment and subscription registration process. The subscription will be activated upon completion of the payment and registration process and will be charged on each billing date of the plan automatically. Once the transaction has been processed, we will send an electronic receipt to the user's e-mail address. 

If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via customer service of the relevant payment processor.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for several reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the subscriptions. WonderTree reserves the right to engage any payment platform available.

 

  1. SPECIFIC CONDITIONS FOR THE USE OF WONDERTREE

WonderTree's commitment is to provide a safe, inclusive and effective experience, promoting the cognitive, physical and emotional development of users. To achieve this goal and ensure maximum benefit from the platform, the following specific conditions of use are established:

  • Active Supervision: It is imperative that a responsible adult constantly supervises the child while using WonderTree games. This supervision will ensure that the child remains safe, attentive and properly guided throughout their gaming experience.
  • Customization of Session Duration: The length of play sessions should be tailored to the child's individual abilities and needs, promoting short, frequent sessions over extended periods of play to maximize attention and interest.
  • Encouraging Breaks: Regular breaks should be incorporated during play sessions to prevent fatigue and maintain an optimal level of concentration. These breaks are ideal opportunities for light physical activity or stretching.
  • Personalized Settings: Adjust game settings to align with the child's abilities, needs and preferences. Modifying the difficulty, speed and sensory stimuli of play will contribute to a positive and enriching experience.
  • Optimizing the Physical Environment: It is essential to create a play environment that is safe, comfortable and appropriate for the child. This includes ensuring appropriate lighting, comfortable furniture and an unobstructed space that facilitates movement.
  • Open Communication: Establish an open and active channel of communication with the child during play, allowing for the expression of emotions, whether enjoyment or frustration, through verbal or nonverbal means.
  • Positive Reinforcement: The child's motivation and confidence are nurtured by positive reinforcement. Celebrate their accomplishments and progress to strengthen their self-esteem and sense of accomplishment.
  • Sensory Sensitivity: When selecting games, consider the child's sensory sensitivities, choosing those that align with the child's sensory profile and avoiding stimuli that may be uncomfortable or disruptive.
  • Safety in Physical Interaction: Promote safe physical interaction with play by monitoring that movements are appropriate and do not pose a risk of injury.
  • Epilepsy Caution: Before allowing children with epilepsy or a history of seizures to play WonderTree games, it is crucial to consult with health care professionals. Avoid games with intense visual stimuli or flashing lights that may induce seizures.
  • Professional Consultation: We strongly recommend consultation with health or therapy specialists familiar with the child's specific needs to select the most appropriate games and play strategies, thus ensuring that the experience is safe and beneficial.

Compliance with these conditions is critical to maximizing the therapeutic and educational benefits of WonderTree, contributing to the holistic development of the child in a safe and stimulating environment. Supervision and personalization of the play experience, aligned with the child's specific needs and preferences, are key pillars in this commitment.

 

  1. SUPPORTING CONDITIONS FOR GAMES

This clause establishes the conditions of use necessary to guarantee an optimal and satisfactory experience when accessing and playing the augmented reality games offered by WonderTree, specially designed for children with special needs. The enjoyment of these games implies the fulfillment of certain technical and environmental requirements, detailed below:

  • Internet Access: A stable and secure Internet connection is essential to access WonderTree's games and enjoy all the online features they offer.
  • Use of Camera: The games require the use of a camera to detect the user's body movements, which serve as inputs to interact with the game. Authorisation to access the user's device camera will be required prior to starting any game. Please note that accessing the user's device camera does not require recording video or taking photos of the user. WonderTree only uses AI to acquire data points for user input into the game.
  • Browser Compatibility: WonderTree games operate directly from the browser, eliminating the need to download additional software or applications. This feature facilitates access and compatibility with a variety of devices.
  • Lighting Conditions: To ensure accurate detection by our artificial intelligence, it is essential to play in a well-lit environment. It is recommended to avoid complex or heavily loaded backgrounds that may interfere with motion recognition.
  • Laptop Power Connection: In case of using a laptop, it is suggested to connect it to a power adapter during gaming. This helps to improve the frames per second (FPS), which translates into a smoother and uninterrupted gaming experience. This is because most laptops have a setting to increase their performance when connected to the charger.
  • Large Screen Use: To maximize immersion and gaming enjoyment, it is recommended to connect the device to a large screen, minimum 32 inches, ideally 42 inches or larger. This amplifies the visual experience and facilitates interaction with the game.
  • Recommended Browsers: In order to ensure the best possible gaming experience, it is recommended to use the following browsers, which have proven to offer the best compatibility and performance with WonderTree games:
    • Google Chrome
    • Microsoft Edge
    • Mozilla Firefox

Compliance with these conditions not only ensures an optimal gaming experience, but also ensures safety and that the educational and therapeutic benefits of the games are realized. WonderTree is committed to providing an accessible and enjoyable platform, promoting children's development and fun in a safe and stimulating environment. We urge users to adhere to these conditions to facilitate a positive and enriching play experience for all.

 

  1. LIIMITATION OF LIABILITY

In consideration of accessing and using the services and content offered by WonderTree, including but not limited to augmented reality (AR) games and any other material or services provided on our platform designed specifically for children, including those with special needs, it is important that users understand and accept the following limitations of liability:

  • Use of the Platform: WonderTree strives to provide a safe, educational and developmental experience through augmented reality technology. However, WonderTree does not guarantee that the services offered will exactly meet user expectations, be uninterrupted, timely, secure or error-free. Use of our platform and any content or services provided through it is at the user's own risk.
  • Quality and Availability: Although WonderTree is committed to using state-of-the-art technology and maintaining content and services at the highest quality standards, we assume no responsibility for the temporary unavailability of the platform, technical failures, or for the obsolescence of our games and services. WonderTree's liability is limited to the continuous improvement of our services within our capabilities.
  • Information Provided: WonderTree takes all necessary precautions to ensure that the information and data provided on the platform is accurate and up to date. However, WonderTree is not responsible for the accuracy, completeness, or timeliness of such information, nor for decisions made on the basis of such information.
  • Interaction with the Platform: Users agree that WonderTree shall not be liable for direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use or inability to use the services or content of the platform.
  • Physical injury and damage: At WonderTree, we strive to provide a safe and educational play experience for children. However, we are not responsible for any physical injury or damage that may occur while a child is using our platform. We have designed WonderTree to be used under the constant supervision of a responsible adult. It is crucial that the adult supervises the use of WonderTree at all times to ensure that the child does not experience fatigue or injury during play. Adult attention and guidance are essential to ensure a safe and positive experience for the child.
  • Third Party Content: From time to time, WonderTree may include or offer third party content, promotions or services on our platform. WonderTree is not responsible for the content, accuracy, opinions expressed, privacy policies, products or services provided through these third party links or representations.
  • Age and Ability Limitations: While WonderTree focuses on benefiting children with special needs, adult supervision is recommended at all times during use of the platform. WonderTree is not responsible for the interpretation or misuse of the content or services by underage users or users without proper supervision.

This limitation of liability clause is essential to ensure a clear and fair relationship between WonderTree and its users. By accessing and using the platform, users acknowledge and agree to these limitations as an integral part of WonderTree's terms and conditions of use.

 

  1. LICENSE TO USE THE PLATFORM

WonderTree grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the WonderTree platform, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions and copies, if any. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our platform or the included software, nor may you reverse engineer or attempt to extract the source code of such software, unless such restrictions are prohibited by law, or unless you have our written permission.

Please note that the user license only applies to 1 child per license. If the user wants several children to access the WonderTree platform and play the games, as in the case of an institution, additional licenses for several children must be purchased.

The user agrees not to use the platform in a negligent, fraudulent or unlawful manner. It also undertakes not to carry out any conduct or action that could damage the image, interests or rights of WonderTree or third parties.

WonderTree reserves the right to terminate the user's access immediately, with or without notice, and without liability to the user, if WonderTree considers that the user has violated any of these terms.

 

  1. SYSTEM REQUIREMENTS

To enjoy WonderGames, you need a system released as of 2019 with at least 8 GB of RAM. If your system is earlier than 2019, you might experience problems or the platform might not work at all. While a system from 2019 or 2020 might be sufficient, we strongly recommend using a new system with a processor released in 2022 or later and with more than 8 GB of RAM to ensure the best performance and user experience.

 

  1. COPYRIGHT

All materials on WonderTree, including but not limited to names, logos, trademarks, games, images, text, columns, music, graphics, videos, photographs, illustrations, software and other items, are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by WonderTree or our users who have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on WonderTree are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without WonderTree prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize WonderTree or any part of the material for any purpose other than its intended purposes is strictly prohibited.

 

  1. COPYRIGHT INFRINGEMENT

WonderTree will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). WonderTree respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information: 

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
  • A statement that specifically identifies the location of the infringing material, in sufficient detail so that WonderTree can find it on the platform.
  • Your name, address, telephone number and email address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
  • An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

 

  1. PROHIBITED ACTIVITIES

The following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
  • Violate the restrictions in any robot exclusion headers on the platform or bypass or circumvent other measures employed to prevent or limit access to the platform.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any portion of the platform for any purpose without our express written permission.
  • "Frame", "mirror" or otherwise incorporate any part of the platform into any other websites or Service without our prior written authorization.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by WonderTree.
  • Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.

 

  1. DISCLAIMER OF WARRANTIES

Due to the nature of the Internet, WonderTree provides and maintains the platform on an "as is", "as available" basis and does not promise that use of the platform will be uninterrupted or error-free. We will not be liable to you if we are unable to provide the platform and the functionality included on the platform for any reason beyond our control.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse WonderTree for any loss or damage caused as a result.

WonderTree shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, WonderTree excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to WonderTree and WonderTree shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the platform.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the
  • Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from WonderTree.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

 

  1. ELECTRONIC COMMUNICATIONS

WonderTree will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorized human acts, including any errors or mistakes.

 

  1. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the platform, its officers, employees, affiliates and suppliers against any claims, losses, damages, costs and expenses (including reasonable legal fees) resulting from or related to your misuse of the platform or violation of this clause.

 

  1. CHANGES

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.

 

  1. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by WonderTree, shall constitute the entire agreement between you and WonderTree concerning and governs your use of the platform.

 

  1. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

 

  1. FORCE MAJEURE

WonderTree shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.

 

  1. TERMINATION

Both the user and WonderTree acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, WonderTree reserves the right to unilaterally terminate the user's access to and use of the platform. WonderTree may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, WonderTree shall not be liable for any loss of data or information associated with the user's account.

In case of non-compliance by WonderTree: If WonderTree fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify WonderTree in writing of the breach and allow a reasonable time for WonderTree to remedy the situation. If WonderTree does not remedy the breach within the set period, the user may proceed with the termination of the agreement.

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

 

  1. DISPUTES

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, enforcement, interpretation or validity, as well as any aspect of the use of the platform, shall preferably be resolved by binding arbitration between you and WonderTree. However, the right of both parties to bring individual claims before a court of competent jurisdiction if deemed necessary remains.

In the event of any dispute arising in connection with the use of the platform or breach of these terms and conditions, both parties agree to seek a solution through an arbitration process. This process will be carried out before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the platform. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over collective proceedings.

 

  1. GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of the United States, United Arab Emirates and Pakistan. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Delaware, United States. This applies unless binding arbitration is agreed to in the applicable section.

 

  1. FINAL PROVISIONS

Use of our platform is conditioned upon acceptance of and compliance with all terms and conditions set forth. This authorization to use the platform does not extend to jurisdictions where these provisions are not respected or applied.

Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our platform. Information provided or collected in connection with the use of the platform will be subject to these requirements.

In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.

 

  1. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us through our contact forms or by using the following contact information:

WonderTree.

Email: [email protected]

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