Terms of Use and conditions of sale

Effective Date: 6 May 2025

Welcome to Lunesia (the “Application” or “App”), an interactive storytelling platform primarily designed for children aged 3 to 7 and operated by BusinessDynamite, a French simplified joint‑stock company (SASU) registered under SIREN 840 854 129, with its registered office at ZA Les Terrasses de la Sarre, 57400 Sarrebourg, France (“we,” “us,” or “our”).

By downloading, installing, creating an account, or otherwise using the App, you agree to be bound by these Terms. If you do not accept any part of the Terms, do not use the Application.

1. Definitions

  • Parent / Guardian: A legal adult who creates the account and authorises a child’s access to the App.
  • Child: Any individual aged 2  to 18 using the App under the Parent’s or Guardian’s supervision.
  • User: The Parent / Guardian and, where appropriate, the Child under their responsibility.
  • Content: All stories, text, graphics, audio, video, animations, software, and other materials available in or through the App.

2. Eligibility and Parental Responsibility

  1. Mandatory Supervision. The App is intended for use by Children strictly under the active supervision of a Parent or Guardian.
  2. Parental Consent. The Parent or Guardian must create the account, provide payment details where required, and ensure compliance with these Terms by the Child.
  3. Content Review. The Parent or Guardian is responsible for determining whether the stories and features are appropriate for the Child and for limiting or blocking access where necessary.

3. Account Registration

  1. Accurate Information. You certify that all information provided is accurate, complete, and current.
  2. Credential Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
  3. Security Breaches. You must promptly notify us of any unauthorised use or security breach.

4. User Conduct

Users (including Children) must not:

  • Use the App for illegal, harmful, or fraudulent purposes;
  • Impair the functioning or security of the App, including by introducing viruses or malicious code;
  • Impersonate any person or entity;
  • Access or attempt to access the App’s servers, databases, or source code without authorisation.

5. Intellectual Property

  1. Ownership. All Content is owned by us or licensed to us and is protected by intellectual‑property laws.
  2. Limited Licence. We grant you a personal, non‑commercial, non‑transferable, revocable licence to access and use the Content.
  3. Restrictions. You may not reproduce, distribute, modify, create derivative works of, or exploit any Content without our prior written consent.

6. Purchases, Subscriptions, and Right of Withdrawal

  1. Subscription Model. Certain features or story collections are offered on a subscription basis (“Subscription”). Applicable fees and taxes are shown at the time of purchase.
  2. Billing. You authorise us to charge Subscription fees automatically until cancelled.
  3. Free Trials. Unless cancelled before the trial ends, the Subscription fee is charged automatically at the trial’s expiry.
  4. EU Right of Withdrawal. Under Directive 2011/83/EU, you have 14 calendar days from the initial purchase to withdraw, unless you requested immediate performance of the service and acknowledged losing that right.
  5. Refunds.
    • Up to 7 days after purchase: full refund upon request.
    • After 7 days: no refund, except in case of proven defect or material non‑conformity.
  6. Third‑Party Stores. Purchases via the Apple App Store, Google Play, or another platform are subject to that platform’s refund policies.

7. Disclaimer of Warranties

The App and all Content are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all express or implied warranties, including merchantability, fitness for a particular purpose, non‑infringement, uninterrupted availability, and error‑free operation.

8. Limitation of Liability

  1. Maximum Liability. Except in cases of wilful misconduct or gross negligence, our aggregate liability (including that of our officers, employees, and subcontractors) is limited to the total amount you have paid in the 12 monthspreceding the event giving rise to the claim.
  2. Indirect Damages. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or reputation.
  3. Child Safety. Parents and Guardians remain solely responsible for supervising the Child and addressing any behavioural or emotional impact.
  4. Educational Content and Behavioural Outcomes. Lunesia’s stories, mini‑games, and other Content often illustrate positive behaviours or safety messages—such as overcoming fear of the dark, fire safety, and water awareness. These materials are provided solely for general educational and illustrative purposes and are not a substitute for parental guidance, professional advice, or formal training. We make no representation or warranty that a Child will understand, recall, or correctly apply any lesson, and we accept no liability for any action, omission, or behaviour of the Child arising from or related to their exposure to the Content.
  5. Non‑Waivable Rights. Some jurisdictions do not allow certain exclusions or limitations of liability; the above limitations may therefore not apply to you.

9. Indemnification Indemnification

You agree to indemnify and hold harmless BusinessDynamite, its officers, employees, and agents from any claim, liability, damage, loss, or expense (including reasonable legal fees) arising out of:

  • your or the Child’s use of the App;
  • your breach of these Terms; or
  • any alleged infringement of a third party’s rights by you or the Child.

10. Changes to the Terms

We may modify these Terms at any time. Material changes will be notified within the App or by email. Your continued use after such notice constitutes acceptance of the revised Terms.

11. Governing Law and Dispute Resolution

  1. Applicable Law. These Terms are governed by French law. Mandatory consumer‑protection provisions of your country of residence remain applicable.
  2. Amicable Resolution. In the event of a dispute, you should first contact our customer service using the details below. Failing agreement, you may use the EU Online Dispute Resolution (ODR) platform or any competent mediation service.
  3. Jurisdiction. Where amicable resolution is unsuccessful, the courts of Metz (France) shall have jurisdiction, unless mandatory law dictates otherwise.

12. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us concerning the App and supersede any prior agreements or communications.

14. Contact Information

  • Company: BusinessDynamite (SIREN 840 854 129)
  • Address: ZA Les Terrasses de la Sarre, 57400 Sarrebourg, France
  • Email: [email protected]
  • Website: https://lunesia.app/
  • Hosting Provider: BusinessDynamite