Terms of Use

MTOTOSMART

Terms of Use

1. Agreement and scope

These Terms of Use (“Terms”) govern access to and use of the MtotoSmart mobile application and related learning services (“MtotoSmart” or the “Service”). The Service is published by Ihunyo Boniface Nzogere (“we”, “us” or “Publisher”). By accessing or using the Service, the parent or legal guardian and, where appropriate, the user agree to these Terms. If you do not agree, do not use the Service.

MtotoSmart is an educational product intended to support primary-school learning. These Terms should be read together with the MtotoSmart Privacy Policy, which explains how information is handled. The Privacy Policy and these Terms are separate documents.

2. Children and parental responsibility

MtotoSmart is designed for children. A parent or legal guardian should review these Terms and supervise a child’s use of the Service. Where applicable law or platform rules require parental permission or consent, the parent or guardian must provide it before the relevant feature is used.

Children must not use features that require adult action—such as contacting the Publisher, opening external websites, or making purchases—unless the required parental gate and permission process has been completed. A parental gate is a child-safety measure and does not replace any legally required parental consent.

The parent or guardian is responsible for supervising the child’s use of the device and for any actions taken through an adult-controlled account or purchase method, subject to applicable law.

3. Educational purpose; no guarantee of results

The Service may include lessons, animations, illustrations, audio, exercises, quizzes, tests, scoring, progress information and other learning tools. Content is provided for general educational support and is not a guarantee of particular academic results, examination outcomes or learning progress. Results can vary according to a learner’s age, ability, access, practice and other circumstances.

Parents and educators remain responsible for determining whether content is suitable for a particular learner and for providing any additional instruction or supervision required.

4. Permission to use the app

Subject to these Terms and applicable app-store rules, the Publisher grants the user a limited, personal, non-exclusive, non-transferable and revocable permission to use the Service for personal, non-commercial educational purposes on a supported device. This permission does not transfer ownership of the app or its content.

You may not sell, rent, sublicense, distribute, publicly display, commercially exploit, reverse engineer, decompile or modify the Service except where applicable law expressly permits it or the Publisher gives written permission. You must not bypass security, access controls, parental gates, subscription checks or technical restrictions.

5. Intellectual property and learning content

Unless stated otherwise, MtotoSmart and its app design, software, brand elements, lesson structure, text, graphics, illustrations, animations, audio, video, characters and other content are owned by or licensed to the Publisher and are protected by applicable intellectual-property laws.

You may use the content within the Service for personal educational use as permitted by the app. You may not copy, extract, reproduce, republish, sell, distribute or create commercial derivative works from the content without prior written permission, except where applicable law permits.

If the Service permits a user to submit content, the user or parent/guardian must have the rights and permissions needed to submit it. The Publisher must not be sent unlawful, harmful, infringing or confidential material.

6. Acceptable use

You agree that you and any child using the Service under your supervision will not:

• Use the Service unlawfully or in a way that harms another person.

• Attempt to access another user’s account, private information, systems or data without authorisation.

• Interfere with, disrupt, overload or compromise the Service or its security.

• Copy, scrape, redistribute or commercially exploit content except as expressly permitted.

• Circumvent parental gates, age-related safeguards, payment controls or subscription restrictions.

• Use the Service to upload or transmit malicious code, unlawful content or material that infringes another person’s rights.

7. Accounts and access

MtotoSmart does not require users to create an account or log in to access the learning lessons in the current version. Do not share personal information about a child unnecessarily when contacting support. If the Publisher adds accounts or sign-in in a future version, the Terms, Privacy Policy and applicable account-management and deletion features will be updated before that feature is released.

The Publisher may introduce, change or discontinue account features where reasonably necessary for operation, safety, security or legal compliance. Any account deletion and personal-data handling are subject to the Privacy Policy and applicable law.

8. Subscriptions, fees and in-app purchases

Some features or content may require payment or a subscription. Before a purchase, the app or store purchase screen should identify the plan, subscription period, price, renewal terms and included access. The actual price, billing period, free-trial terms (if any) and other purchase details displayed at the point of sale form part of the offer.

For purchases made through the Apple App Store on iOS, billing, renewal, cancellation and refunds are generally managed under Apple’s terms and procedures. For purchases made through Google Play on Android, billing, renewal, cancellation and refunds are generally managed under Google Play’s terms and procedures. Users can manage or cancel a subscription in the relevant store account settings. Deleting the app does not by itself cancel a subscription.

An auto-renewable subscription renews automatically unless cancelled in accordance with the relevant app store’s instructions before the renewal date. The timing of cancellation and continued access after cancellation are governed by the applicable store terms and the details shown at purchase. Any trial or introductory offer, eligibility conditions, conversion to paid service and charge timing must be clearly disclosed before the user subscribes.

Refund requests for purchases made through an app store must generally be directed to that store. Nothing in these Terms limits rights that cannot legally be excluded. The Publisher must not insert a web-payment process or direct users to an alternative payment method where platform rules prohibit it.

The intended model is Apple In-App Purchase on iOS and Google Play Billing on Android. Before publication, confirm that the actual products, billing flows, subscription durations, prices, trial offers (if any), renewal disclosures and cancellation instructions match the products configured in App Store Connect and Google Play Console.

9. Updates, availability and changes

We may update, maintain, improve, suspend or discontinue all or part of the Service for operational, educational, security, legal or business reasons. We will use reasonable efforts to keep the Service available, but uninterrupted access is not guaranteed. Some features may require an internet connection, compatible hardware, a supported operating system or a current app version.

We may issue updates, bug fixes or changes to content and functionality. You may need to install updates to continue using the Service or maintain security and compatibility.

10. Third-party services and external links

The Service may depend on app stores, hosting providers or other third-party services, or may provide external links if those features are included in the released app. Third-party services are controlled by their respective providers and may be subject to separate terms. We are not responsible for third-party services to the extent permitted by law. For a child-directed app, external links and other actions requiring adult involvement must be protected by the parental gate and safeguards required by applicable platform rules.

For a child-directed app, external links and other actions requiring adult involvement must be protected by the parental gate and safeguards required by applicable platform rules. The Publisher should remove this paragraph’s implication of external links if the app contains no such functionality.

11. Privacy

Our collection and use of personal information are described in the separate MtotoSmart Privacy Policy, available at mtotosmart.com/privacy-policy. The Privacy Policy and these Terms are separate documents and should be read together.

12. Suspension and termination

We may suspend or restrict access where reasonably necessary to protect children, users, the Service or our systems, to investigate suspected misuse, to comply with law or to enforce these Terms. Where reasonably practicable and appropriate, we will provide notice or an opportunity to resolve the issue. You may stop using the Service at any time.

Termination of access does not automatically cancel an app-store subscription. Subscription cancellation must be completed through the relevant store or payment provider. Any rights or obligations that by their nature should continue after termination will survive to the extent permitted by law.

13. Disclaimers

To the extent permitted by applicable law, the Service is provided on an “as available” basis. We do not warrant that it will always be uninterrupted, error-free, compatible with every device or meet every individual educational requirement. We will not exclude any warranty or consumer right that cannot lawfully be excluded.

The Service is not a substitute for a parent, guardian, teacher or other responsible adult. Users should report suspected errors or inappropriate content to info@mtotosmart.com.

14. Limitation of liability

To the maximum extent permitted by applicable law, the Publisher will not be liable for indirect, incidental, special or consequential loss arising from use of or inability to use the Service. Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including any mandatory consumer rights or liability that cannot legally be excluded.

If a liability limit is required for the Publisher’s circumstances, it should be reviewed by a qualified lawyer in the relevant jurisdiction before publication; do not add a monetary cap without legal review.

15. Changes to these Terms

We may update these Terms to reflect changes to the Service, subscriptions, law or business practices. We will publish the revised Terms at the public URL and update the effective date. Where required by law, we will give notice or obtain consent to material changes. Continued use after a revised version takes effect constitutes acceptance only to the extent permitted by applicable law.

16. Governing law and disputes

These Terms are governed by the laws of Tanzania, without limiting mandatory consumer-protection rights that apply where the user lives. The courts of Tanzania will have jurisdiction to the extent permitted by applicable law. Before publication, the Publisher should obtain legal advice on the appropriate governing law, jurisdiction and any required dispute-resolution wording.

17. Contact

Questions about these Terms can be sent to:
Ihunyo Boniface Nzogere
MtotoSmart Support
Email: info@mtotosmart.com
Website: https://www.mtotosmart.com