EULA / Terms of Use

Please read this End User License Agreement and Terms of Use (the “Terms”) carefully before downloading, installing, or using the Pecky’s Number Bag 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’s Number Bag, including optional subscriptions.

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’s Number Bag is a math game 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, including any purchase made from the device.

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’s Number Bag is a math game for kids. Depending on the version and any purchase, it may include number play, locally saved progress, settings, and optional subscription features described in the App.

The App does not display advertisements and does not include advertising SDKs. It is designed to work without an Orimetry account. Gameplay and saved progress are stored on the device and are not sent to Orimetry servers. An internet connection may be used to validate or restore a subscription and to receive updates from the store.

The App is for play and informal practice. It is not a school, curriculum, assessment, tutoring service, or a promise of any learning result.

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 technical features
• Use the App in any unlawful manner, or for any unlawful purpose

5. Local Data

Progress and settings are stored locally on the device. Deleting the App deletes that local data. Clearing app storage, resetting the device, or losing the device may also permanently delete it. Orimetry does not keep a cloud copy of gameplay and cannot restore progress after the App is deleted.

Requests about subscription-related records are described on the Data Deletion Request page and in the Privacy Policy.

6. 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. Title, duration, price, and included features are shown in the App and in the store listing before you confirm a purchase.

Auto-renewal (Apple App Store and Google Play)

• Payment will be charged to the Apple ID or Google account at confirmation of purchase.
• A 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.
• Where a free trial is offered, any unused portion of that trial is 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 it in the store.
• A purchase may be restored in the App while signed into the same Apple ID or Google account used to buy it, if the store still allows restore. If the developer account is suspended, blocked, or terminated, restore may be unavailable. No liability rests with Orimetry for that, as stated in Section 9.

Subscription status is managed with RevenueCat together with Apple or Google, so access can be checked and restored. RevenueCat’s terms are at revenuecat.com/terms and its privacy policy is at revenuecat.com/privacy.

Refunds and billing disputes are handled by Apple or Google under their policies, except where consumer law requires otherwise. Orimetry does not control store refund decisions.

7. No Advertising

Pecky’s Number Bag does not display advertisements and does not include advertising SDKs.

8. 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’s Number Bag” 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.

9. Stores, Developer-Account Suspension, and No Liability

The App is offered through Apple and Google, and subscriptions are managed with those stores and RevenueCat. Your use of those services follows their own terms and privacy policies. Orimetry does not control Apple, Google, or RevenueCat.

Apple or Google may suspend, block, or terminate the developer account used to offer the App. Orimetry does not control that decision. If that happens, Orimetry may be unable to keep the App listed, publish updates, restore purchases, or answer support through the store. The installed copy may also stop receiving updates.

Orimetry remains solely responsible for maintenance and support, as stated in Section 10. Apple has no support obligation. To the maximum extent permitted by applicable law, no additional liability rests with Orimetry for a store outage, a billing error, a provider’s handling of purchase records, or the store’s refusal to list, update, or restore the App after the developer account is suspended, blocked, or terminated.

A subscription is not cancelled by a blocked developer account or by deleting the App. Cancel it in your Apple or Google account settings. Any refund is handled by Apple or Google under their policies.

10. 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 any maintenance and support services for the App, as specified in these Terms, or as required under applicable law. Support is contact with Orimetry at the address in the Developer contact item below and in Section 20. Orimetry does not promise a response time or that the App will remain listed. If the developer account is suspended, blocked, or terminated, Orimetry may be unable to publish updates or give support through the store. That does not shift support to Apple. You and Orimetry acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• 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. The App does not use the HealthKit or HomeKit frameworks. 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, to the extent required by Apple’s terms.
• 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 20.

11. 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.

12. Updates

Orimetry may publish an update through the Apple App Store or Google Play. It does not have to. If an update is published, you may need to install it to keep using the App or a subscribed feature. If an update cannot be published because the Apple or Google developer account is suspended, blocked, or terminated, Orimetry remains solely responsible for support as stated in Section 10, and Apple has no support obligation. To the maximum extent permitted by applicable law, that missing store update does not create additional liability for Orimetry. These Terms apply to an updated App unless a separate license is provided with the update.

13. Termination

You may stop these Terms at any time by uninstalling the App and ceasing all use. Uninstalling deletes local app data. A store subscription, if any, continues until you cancel it with Apple or Google. We may suspend or end the license if you materially breach these Terms, if required by law, if we discontinue the App, or if the Apple or Google developer account is suspended, blocked, or terminated. Ending the license does not by itself cancel a store subscription. Orimetry remains solely responsible for support as stated in Section 10. To the maximum extent permitted by applicable law, discontinuing the App because the developer account is unavailable does not create additional liability, as stated in Section 9. Sections that by their nature should survive — including intellectual property, disclaimers, liability limits, indemnity, and store-specific terms — will survive.

14. 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, AND ANY WARRANTY THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR PRODUCE A PARTICULAR LEARNING OUTCOME.

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.

15. 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, INCLUDING LOSS OF LOCALLY SAVED PROGRESS AFTER THE APP IS DELETED.

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’S NUMBER BAG DURING THE TWELVE (12) MONTHS BEFORE THE CLAIM; OR (B) USD 10 (OR THE EQUIVALENT IN LOCAL CURRENCY). FOR A CLAIM ARISING ONLY FROM A STORE OUTAGE, A BILLING ERROR, OR THE STORE’S REFUSAL TO LIST, UPDATE, OR RESTORE THE APP AFTER THE DEVELOPER ACCOUNT IS SUSPENDED, BLOCKED, OR TERMINATED, NO ADDITIONAL LIABILITY RESTS WITH ORIMETRY BEYOND SECTION 9 AND SECTION 10. ORIMETRY REMAINS SOLELY RESPONSIBLE FOR MAINTENANCE AND SUPPORT AS STATED IN SECTION 10.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the fullest extent permitted by law. Nothing in these Terms excludes liability that cannot legally be excluded, including liability for fraud or for death or personal injury caused by negligence where such an exclusion is prohibited.

16. Indemnity

To the maximum extent permitted by law, you will indemnify and hold harmless Orimetry and its officers, directors, and employees from claims, damages, losses, and expenses (including reasonable legal fees) arising out of misuse of the App, a purchase made in breach of these Terms, or a violation of these Terms. This section does not apply to the extent a claim is caused by Orimetry’s own breach or to the extent indemnity is not permitted for a consumer.

17. 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.

18. 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. If you continue to use the App after the effective date, you accept the revised Terms, except where applicable law requires a further step. If you do not agree, uninstall the App and cancel any subscription through Apple or Google.

19. 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 in Pune, 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, and except for any right Apple has to enforce these Terms as a third-party beneficiary.

20. 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

• Pecky’s Number Bag
• Privacy Policy
• Data Deletion Request