Legal

EULA / Terms of Use

Pecky Fly Kids
Android & iOS Application
by Orimetry Design Tech

Designed for children, with privacy first. Pecky Fly Kids does not display advertisements, does not require an account, and uses the microphone only to detect pitch on the device. A parent or guardian should review these Terms before a child uses the App.

Please read this End User License Agreement and Terms of Use (the “Terms”) carefully before downloading, installing, or using the Pecky Fly Kids mobile application (the “App”). By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree, do not download, install, or use the App, and uninstall it from your device.

These Terms are a legally binding agreement between you and Orimetry Design Tech (“Orimetry”, “we”, “us”, or “our”). They apply to the iOS and Android versions of Pecky Fly Kids, including optional purchases.

Your use of the App is also subject to our Privacy Policy. If you obtained the App from the Apple App Store, the Apple Licensed Application End User License Agreement and Apple Media Services Terms and Conditions also apply. If you obtained the App from Google Play, the Google Play Terms of Service also apply. Where those store terms conflict with these Terms on a matter that the store requires to control, the store terms prevail for that matter.

1. Eligibility and Parental Consent

Pecky Fly Kids is intended for children and families. If you are a parent or guardian, you accept these Terms on behalf of the child who uses the App, and you are responsible for the child’s use.

If you are under the age of 18 (or the age of majority where you live), you may use the App only with the consent and supervision of a parent or legal guardian who agrees to these Terms. Age ratings shown in the Apple App Store and Google Play Store also apply.

2. Description of the App

Pecky Fly Kids is a pitch-controlled music game designed for younger players. Depending on the version and your purchases, it may include:

Gameplay steered by detected musical pitch
Levels, badges, and high scores stored on your device
Game settings and locally saved progress
Optional in-app purchases or subscriptions, as described in the App

The App does not display advertisements and does not include advertising SDKs. It is designed to work without a user account. An internet connection may be used to complete or restore purchases and to download purchased or updated game content.

3. License Grant

The App is licensed, not sold, to you. Subject to your compliance with these Terms, Orimetry grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App on devices that you own or control, solely for personal or family use, and only as permitted by:

these Terms;
the Apple Media Services Terms and Conditions and Usage Rules, if you use the iOS version; and
the Google Play Terms of Service, if you use the Android version.

You may install the App on devices associated with your Apple ID or Google account as allowed by the applicable store. You may not make the App available over a network where it could be used by multiple devices at the same time, except as the store Usage Rules expressly permit (for example, Family Sharing where available).

All rights not expressly granted to you are reserved by Orimetry and its licensors.

4. License Restrictions

Except as expressly permitted by applicable law that cannot be waived, you may not:

Copy, modify, translate, or create derivative works of the App
Reverse engineer, decompile, disassemble, or attempt to extract the source code of the App
Rent, lease, lend, sell, sublicense, assign, distribute, or otherwise transfer the App or your rights under these Terms
Remove, obscure, or alter any proprietary notices
Circumvent, disable, or interfere with security, subscription, licensing, or gameplay features
Use the App in any unlawful manner, or for any unlawful purpose

5. Microphone, Privacy, and Children’s Use

The App uses the device microphone only to detect musical pitch and control gameplay. Audio is processed locally on the device. We do not store voice recordings, transmit audio to our servers, or share voice data with third parties.

We do not knowingly collect personal information from children. The App does not require registration, name, email, or an account. See the Privacy Policy for full details.

Gameplay is for entertainment and informal practice. It is not a school curriculum, graded assessment, or professional music instruction.

6. Local Data

Progress such as unlocked levels, badges, high scores, settings, and purchase flags is stored locally on the device unless the Privacy Policy says otherwise. Uninstalling the App, clearing app data, resetting the device, or losing the device may permanently delete local data. Orimetry does not operate a cloud backup of gameplay.

Data deletion instructions are in the Data Deletion Request page.

7. In-App Purchases and Subscriptions

The App may offer optional in-app purchases or auto-renewing subscriptions. A parent or guardian should complete any purchase. Payment is charged to the Apple ID or Google account through the Apple App Store or Google Play — not through Orimetry. We do not receive or store payment card details. Titles, duration, price, and included features are displayed in the App and in the applicable store listing before purchase is confirmed.

Auto-renewal (Apple App Store and Google Play)

Payment will be charged to the Apple ID or Google account at confirmation of purchase.
The subscription renews automatically unless auto-renewal is turned off at least 24 hours before the end of the current period (Apple) or cancelled according to Google Play’s cancellation rules before the renewal date (Android).
The account will be charged for renewal within 24 hours prior to the end of the current period on iOS, and on the renewal date determined by Google Play on Android, unless cancelled in time.
Unused portions of a free trial, where offered, are forfeited when a subscription is purchased, as permitted by store rules.

Managing and cancelling

iOS: Manage or cancel in Apple ID account settings, or see Apple’s subscription help.
Android: Manage or cancel in Google Play Payments & subscriptions, or see Google Play subscription help.
Deleting the App does not cancel a subscription. You must cancel through the store.
Purchases may be restored in the App while signed into the same Apple ID or Google account used to buy.

Subscription validation may be performed using RevenueCat together with Apple or Google. RevenueCat’s terms are available at revenuecat.com/terms.

Refunds and billing disputes are handled by Apple or Google under their policies, except where consumer law requires us to assist.

8. No Advertising

Pecky Fly Kids does not display advertisements and does not include advertising SDKs.

9. Intellectual Property

The App, including its design, text, graphics, characters, audio, user interface, and software, is owned by Orimetry or its licensors and is protected by copyright and other applicable laws. “Orimetry” and related Orimetry marks are trademarks of Orimetry Design Tech. “Pecky Fly Kids” is the product name of the App and is not a trademark of Orimetry Design Tech.

These Terms do not grant you any right to use our names, logos, or branding except as needed to identify the App in ordinary use.

10. Third-Party Services and Stores

The App may rely on third-party services, including RevenueCat, Apple, and Google. Your use of those services is subject to their own terms and privacy policies. Orimetry is not responsible for third-party services we do not control.

11. Apple-Specific Terms

The following terms apply if you download or use the iOS version of the App from the Apple App Store. They are intended to meet Apple’s minimum terms for a custom EULA.

Acknowledgement: These Terms are between you and Orimetry only, not with Apple. Orimetry, not Apple, is solely responsible for the App and its content. These Terms do not provide usage rules that conflict with the Apple Media Services Terms and Conditions.
Scope of license: The license granted to you is limited to a non-transferable license to use the App on Apple-branded products that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Maintenance and support: Orimetry is solely responsible for providing maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance and support services.
Warranty: Orimetry is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Orimetry’s sole responsibility.
Product claims: Orimetry, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit or HomeKit frameworks if applicable. The App does not use HealthKit or HomeKit. These Terms do not limit Orimetry’s liability beyond what is permitted by applicable law.
Intellectual property: In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Orimetry, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal compliance: You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-party beneficiary: Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Third-party terms: You must comply with applicable third-party terms when using the App (for example, your wireless data agreement).
Developer contact: Questions, complaints, or claims with respect to the App should be directed to Orimetry Design Tech, Sukhwani Residency, Ganesh Nagar, Dapodi, Pune 411012, India; phone +91 9881399113; email support@orimetry.com. See also Section 21.

12. Google Play-Specific Terms

The following terms apply if you download or use the Android version of the App from Google Play:

These Terms are between you and Orimetry only, not with Google LLC or its affiliates.
Google is not responsible for the App, its content, or any claims arising from your use of the App.
In-app products and subscriptions that are digital goods are billed through Google Play Billing as required by Google Play policy.
Family Library and other Google Play sharing features apply only to the extent Google makes them available for this App.

13. Updates

We may provide updates through the Apple App Store or Google Play. Some updates may be required to continue using the App or purchased features. These Terms apply to the updated App unless accompanied by a separate license.

14. Termination

You may terminate these Terms at any time by uninstalling the App and ceasing all use. Your store subscription, if any, continues until you cancel it with Apple or Google. We may suspend or terminate your license if you materially breach these Terms, if required by law, or if we discontinue the App. Sections that by their nature should survive will survive termination.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ORIMETRY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the exclusion of certain warranties. Nothing in these Terms limits any non-waivable consumer rights you may have under the laws of your country of residence, including under applicable Indian consumer protection law.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORIMETRY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORIMETRY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO USE PECKY FLY KIDS DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM; OR (B) USD 10 (OR THE EQUIVALENT IN LOCAL CURRENCY).

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the fullest extent permitted by law.

17. Indemnity

To the maximum extent permitted by law, you will indemnify and hold harmless Orimetry and its officers, directors, and employees from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of misuse of the App or violation of these Terms.

18. Export and Sanctions

You may not use, export, or re-export the App except as authorized by the laws of the United States, India, and the jurisdiction in which you obtained the App. You represent that you are not located in a sanctioned country and are not a prohibited or restricted party under applicable sanctions or export-control lists.

19. Changes to These Terms

We may update these Terms from time to time. The revised Terms will be posted on this page with an updated effective date. Continued use of the App after the effective date constitutes acceptance of the revised Terms, except where applicable law requires additional consent. If you do not agree, uninstall the App and cancel any subscription through Apple or Google.

20. Governing Law

These Terms are governed by the laws of India, without regard to conflict-of-law rules, except that mandatory consumer protection laws of your country of residence continue to apply, and nothing in this section limits Apple’s or Google’s rights as described in their store terms.

Courts of competent jurisdiction in India will have exclusive jurisdiction over disputes arising out of these Terms, except that you may bring a qualifying consumer claim in your country of residence where the law requires it.

21. Contact Us

Questions, complaints, or claims with respect to the App should be directed to:

Orimetry Design Tech
Sukhwani Residency, Ganesh Nagar, Dapodi, Pune 411012, India
Phone: +91 9881399113
Email: support@orimetry.com
Website: https://www.orimetry.com