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End User License Agreement

Questions? support@viveratales.com

Last updated May 29, 2026

VIVERA TALES is licensed to You (End-User) by QUANTUM APEX TECH PTY LTD, located at 19 Prospect St, Rosehill, New South Wales 2142, Australia ( "Licensor"), for use only under the terms of this License Agreement. We are registered in Australia and have our registered office at 19 Prospect St,, ROSEHILL, New South Wales 2142. Our VAT number is 21697323676.

By downloading the Licensed Application from Apple's software distribution platform ("App Store") and Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. App Store and Play Store are referred to in this License Agreement as "Services."

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. QUANTUM APEX TECH PTY LTD, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). QUANTUM APEX TECH PTY LTD acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

VIVERA TALES when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. VIVERA TALES is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").

TABLE OF CONTENTS

  • 1. THE APPLICATION
  • 2. SCOPE OF LICENSE
  • 3. TECHNICAL REQUIREMENTS
  • 4. MAINTENANCE AND SUPPORT
  • 5. USE OF DATA
  • 6. USER-GENERATED CONTRIBUTIONS
  • 7. CONTRIBUTION LICENSE
  • 8. LIABILITY
  • 9. WARRANTY
  • 10. PRODUCT CLAIMS
  • 11. LEGAL COMPLIANCE
  • 12. CONTACT INFORMATION
  • 13. TERMINATION
  • 14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
  • 15. INTELLECTUAL PROPERTY RIGHTS
  • 16. APPLICABLE LAW
  • 17. MISCELLANEOUS

1. THE APPLICATION

VIVERA TALES ("Licensed Application") is a piece of software created to Vivera Tales is a children's digital storytelling and audio entertainment application developed by Quantum Apex Tech Pty Ltd. The Application is designed to provide children aged 3 to 12 years with access to a curated library of age-appropriate fictional stories across educational and entertainment themes including but not limited to Bedtime & Calm, Adventure & Mystery, Nature & Animals, STEM & Discovery, Big Feelings & Growth, True Stories & Heroes, and Mindfulness & Well-Being. — and customized for iOS and Android mobile devices ("Devices"). It is used to The main use of the Application is to provide children aged 3 to 12 years with a safe, engaging library of audio stories they can listen to and read, organised by age group and interest theme. Parents and caregivers use the Application to select suitable stories for their children, set sleep timers for bedtime listening, and explore educational discussion questions and story morals together with their child after each story..

1. Children's Privacy — COPPA (USA) The Application is directed at children under 13 years of age. In compliance with the Children's Online Privacy Protection Act (COPPA), the Company does not knowingly collect personal information directly from children under 13. All accounts must be created by a parent or guardian aged 18 or older. Parents may contact support@viveratales.com to review, update, or delete any information collected about their child. 2. Children's Privacy — GDPR-K (European Union) For users in the European Union, the Company complies with the General Data Protection Regulation (GDPR) as it applies to children's data. The legal basis for processing any personal data of child users is parental consent. Parents and guardians have the right to access, correct, or erase their child's data at any time by contacting support@viveratales.com. 3. Australian Privacy Act 1988 & Australian Privacy Principles (APPs) As an Australian company (Quantum Apex Tech Pty Ltd, ABN registered), the Company complies with the Privacy Act 1988 (Cth) and the 13 Australian Privacy Principles. Users have the right to access and correct personal information held about them. Privacy complaints may be directed to the Office of the Australian Information Commissioner (OAIC) at http://www.oaic.gov.au. 4. Australian Consumer Law (ACL) — Competition and Consumer Act 2010 Nothing in this EULA excludes, restricts, or modifies any rights or guarantees that cannot be excluded under the Australian Consumer Law, including consumer guarantees that the Application will be of acceptable quality and fit for the purpose for which it was supplied. Where ACL guarantees apply, the Company's liability is limited to resupply of the service or the cost of having the service supplied again. 5. UK Children's Code (Age Appropriate Design Code) For users in the United Kingdom, the Application is designed in accordance with the UK Children's Code (Age Appropriate Design Code) issued by the Information Commissioner's Office (ICO). The Application defaults to high privacy settings for child users, does not use nudge techniques, and does not profile children for commercial purposes. 6. App Store & Google Play Families Policy The Application complies with the Apple App Store Guidelines for apps in the Kids category and Google Play's Families Policy. The Application does not serve personalised advertisements to child users, does not contain links that take children outside the app without parental notification, and does not include social features enabling child-to-child communication. 7. Subscription Auto-Renewal Disclosure (USA — California) In compliance with California's Automatic Renewal Law (ARL), users are informed that the premium subscription automatically renews at the end of each billing period unless cancelled at least 24 hours before the renewal date. Cancellation must be made through the Apple App Store or Google Play Store account settings.

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with QUANTUM APEX TECH PTY LTD's prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with QUANTUM APEX TECH PTY LTD's prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

4.2 QUANTUM APEX TECH PTY LTD and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy: https://viveratales.com/privacy.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. 2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement. 3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement. 4. Your Contributions are not false, inaccurate, or misleading. 5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule. 10. Your Contributions do not violate the privacy or publicity rights of any third party. 11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors. 12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

7. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

8. LIABILITY

8.1 Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third- party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.

8.3 Licensor takes no accountability and responsibility in case of Content Accuracy — All stories are AI-assisted fiction created for entertainment purposes only. The Company is not liable for any inaccuracies, errors, or omissions in story content, morals, or educational discussion questions..

8.4 Licensor takes no accountability and responsibility in case of Children's Use — The Company is not liable for any harm arising from unsupervised use of the Application by minors. It is the parent's or guardian's responsibility to monitor their child's use..

8.5 Licensor takes no accountability and responsibility in case of Subscription & Billing — The Company is not liable for any billing errors, failed payments, or subscription lapses caused by the Apple App Store, Google Play Store, or the user's payment method. All billing disputes must be directed to Apple or Google directly..

8.6 Licensor takes no accountability and responsibility in case of Audio & Connectivity — The Company is not liable for poor audio quality, playback failures, or inability to stream stories caused by the user's internet connection, device hardware, or operating system..

8.7 Licensor takes no accountability and responsibility in case of Offline Downloads — The Company is not liable for loss of downloaded stories due to device failure, app reinstallation, or operating system updates..

8.8 Licensor takes no accountability and responsibility in case of Third-Party Services — The Company is not liable for disruptions caused by third-party services including Firebase, Google, Apple, or Qonversion that the Application depends upon..

8.9 Licensor takes no accountability and responsibility in case of Maximum Liability Cap — In no event shall the Company's total liability to any user exceed the amount paid by that user for the Application in the 12 months preceding the claim..

9. WARRANTY

9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of QUANTUM APEX TECH PTY LTD's sphere of influence that affect the executability of the Licensed Application.

9.3 You are required to inspect the Licensed Application immediately after installing it and notify QUANTUM APEX TECH PTY LTD about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of fourteen (14) days after discovery.

9.4 If we confirm that the Licensed Application is defective, QUANTUM APEX TECH PTY LTD reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. PRODUCT CLAIMS

QUANTUM APEX TECH PTY LTD and the End-User acknowledge that QUANTUM APEX TECH PTY LTD, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application 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 Your Licensed Application’s use of the HealthKit and HomeKit .

11. LEGAL COMPLIANCE

You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

VARUNKUMAR NAGLE 19 Prospect St Rosehill, New South Wales 2142 Australia vkquantumapex@gmail.com

13. TERMINATION

The license is valid until terminated by QUANTUM APEX TECH PTY LTD or by You. Your rights under this license will terminate automatically and without notice from QUANTUM APEX TECH PTY LTD if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

QUANTUM APEX TECH PTY LTD represents and warrants that QUANTUM APEX TECH PTY LTD will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

QUANTUM APEX TECH PTY LTD and the End-User acknowledge that, in the event of any third- party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, QUANTUM APEX TECH PTY LTD, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

16. APPLICABLE LAW

This License Agreement is governed by the laws of Australia excluding its conflicts of law rules.

17. MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

17.3 1. AI-Generated Content Disclaimer All stories, narratives, characters, morals, and educational content within the Vivera Tales Application are AI-assisted and created for entertainment and general enrichment purposes only. The Company does not warrant the factual accuracy, educational completeness, or cultural appropriateness of any story content for every individual child. Parents and guardians are encouraged to preview content before sharing with their child. 2. Parental Responsibility The Application is intended to be used by children under the direct supervision or with the prior approval of a parent or legal guardian. The account holder (parent or guardian) is solely responsible for monitoring their child's use of the Application, including the stories accessed, time spent, and volume levels used during audio playback. The Company accepts no liability for unsupervised use by minors. 3. Subscription & Premium Content Certain features of the Application, including access to the full story library, offline downloads, dual-voice narration, background music, and sleep timer, require an active premium subscription. Subscription fees are billed through the Apple App Store or Google Play Store. The Company does not process payments directly and is not responsible for billing errors, failed transactions, or refund disputes — all of which must be directed to Apple or Google. Upon cancellation or expiry of a subscription, access to premium features and downloaded content will cease at the end of the current billing period. 4. Offline Downloads & Device Storage Premium subscribers may download stories for offline listening. Downloaded content is licensed for personal, non-commercial use on the user's own device only. Downloaded stories may not be copied, transferred, shared, or played on any other device or platform. The Company is not responsible for loss of downloaded content due to device failure, app deletion, operating system updates, or account termination. 5. Audio Content & Volume Safety The Application contains audio narration and background music. Parents and guardians are responsible for ensuring their child listens at a safe volume level. Prolonged listening at high volumes may cause hearing damage. The Company strongly recommends the use of child-safe headphones and adherence to recommended listening guidelines for children. 6. Sleep Timer & Bedtime Features The Application includes a sleep timer feature designed to automatically stop audio playback after a set period. The Company does not guarantee that the sleep timer will function correctly in all device conditions, including low battery, background app restrictions, or operating system interruptions. The sleep timer is provided as a convenience feature only and should not be solely relied upon as a screen-time management tool. 7. Story Themes & Emotional Content While all content is reviewed and designed to be age-appropriate, some stories may explore themes such as loss, fear, conflict resolution, or big emotions. These themes are presented in a positive, constructive, and child-friendly manner. Parents are advised to use the Learning Corner feature — which includes story morals and discussion questions — to engage with their child after listening to emotionally themed stories. 8. Account Termination for Misuse The Company reserves the right to suspend or permanently terminate any user account that is found to be in violation of this Agreement, including but not limited to: attempting to extract or redistribute story content or audio files, manipulating the subscription system, sharing account credentials with non- family members for commercial benefit, or using the Application in any manner that infringes the intellectual property rights of the Company. 9. Intellectual Property Ownership All story content, audio narrations, background music licensed by the Company, images, user interface design, branding, and software code within the Application are the exclusive intellectual property of Quantum Apex Tech Pty Ltd or its licensors. No content from the Application may be reproduced, republished, broadcast, screen-recorded for distribution, or used commercially without the prior written consent of the Company. 10. Governing Law & Dispute Resolution This Agreement is governed by the laws of New South Wales, Australia. Any disputes arising from the use of the Application shall first be attempted to be resolved through good-faith negotiation by contacting support@viveratales.com. If unresolved within 30 days, disputes shall be submitted to the jurisdiction of the courts of New South Wales, Australia.