Terms of Use

1 Introduction

1.1 Services

Thumsters is the creation of KØBEN Digital Pty Ltd ("Koben" “KØBEN Digital” "we", "us" or "our") provides a way for you to track your children’s behaviour and the incentives that you provide them via:

the following digital delivery services (collectively the “app"):

  • Our standard free mobile application which provides access to select features and functionality free of charge.
  • Standard monthly and yearly subscription, which provides access to extended account features (“paid app”) not provided in the free application.

1.2 Your access to the paid subscription services is subject to you:

  • paying an agreed regular fee (with the exception of during a free-trial or promotion period) for the extended application features not supplied in the free App; and
  • agreeing to these terms and conditions ("Terms and Conditions");

1.3 Terms and Conditions

These Terms and Conditions apply to your use of the Thumsters service(s), your use of the app (as defined in clause 7.1).  You should read these Terms and Conditions before using the Services. These Terms and Conditions as updated from time to time will apply to your use of the Services, the Thumsters Interfaces and access of the app.

1.4 Changes to Terms & Conditions

KØBEN Digital can change these Terms and Conditions at any time provided that we notify you by email (to the email address you provide us on sign up), of any material updates to these Terms and Conditions. If we do so you may choose to cancel the Service in accordance with clause 6.2 if the change makes you materially worse off.

The most current version of the Terms and Conditions supersedes and replaces all previous versions and is available at "the Terms and Conditions" hyperlink located at the bottom of each page of the Thumsters Website, and in the Settings section of the app.

2 Eligibility to be a Service User

To be a user of the paid app services ("Service User") you must create a membership, supply a valid email address, and have a valid iTunes (“App Store”) or Google Play Store (“App Store(s)”) payment method.

Service Users may use the Services in accordance with these Terms and Conditions.

 3 Service Details

3.1 Access to Content on the Thumsters app

Subject to availability, the app can be accessed on internet protocol enabled devices:

  • You acknowledge that the app may not work on all internet protocol enabled devices, such that some device manufacturers may implement their own proprietary operating system which restricts the implementation of the app. You are responsible for ensuring that you are able to access the app through your individual internet protocol enabled device.
  • Access to certain features may be dependent on Service Users having subscribed to the standard monthly or yearly subscription.
  • You acknowledge that delivery of Content via the internet may involve significant internet usage. The payments you make for any Digital Delivery Services do not include any charges for internet usage. You are solely responsible for any internet usage or access charges that your internet service provider (ISP) may apply in relation to delivery of any Content you access as part of your Service or any trial basis.
  • You acknowledge that your ability to access Content and the quality of the digital delivery is affected by many factors including the specifications of the device through which you are viewing the Content, the internet connection (including the speed of uploading and downloading) through which the Content is being digitally delivered, other tasks that your device is performing whilst the Content is being delivered as well as the amount of other traffic on the network at the time you are viewing the Content.

3.2 Payment Information

Details of the pricing for all the Services can be viewed in app during subscription process or via the app’s iTunes Store or Google Play Store app listing.

We will notify you by email at least 30 days in advance of any change in the fees for your Subscription Package. You will have the option of accepting the change, moving to another Subscription Package or cancelling the Subscription Package. If you do not move to another Subscription Package or cancel the Subscription Package, we will charge your selected app store payment method at the new fee from the start of your next payment cycle.

3.3 Free Trials and Promotional Offers

Free trials of the Services may be offered to eligible new Service Users from time to time. Thumsters will determine if you are entitled to a free trial of a Service.

Thumsters may charge for free trials and promotional offers based on the standard fee for the Service if we consider that the trial or promotional offer is being abused.

The duration of any free trial or promotional offer may vary and will be displayed in the Thumsters App and on the app store(s) for new Service Users and/or communicated directly to existing Service Users via in app notification or via email communications.

If during a free trial or promotional offering you decide to cancel your subscription, then the cancellation becomes effective immediately.

It is your responsibility to know when your free trial or promotional offer of a Service ends, and to cancel your free trial or promotional offer if you do not wish to become a paying subscriber of the relevant Subscription Package.  If you do not cancel your free trial or promotional offer within the free trial or promotional period, you will be billed your first subscription fee at the end of your free trial or promotional offer for the subscription fees for the relevant Subscription Package.

We reserve the right not to offer, refuse, or cancel a free trial or promotional offer. These offers are limited to one per person and cannot be combined with any other offer.

Except to the extent otherwise stated in a free trial or promotional offer, if you have previously been a Service User you will not qualify for a free trial or any promotional offers for the Services, and if you select a Subscription Package you will be charged the first subscription payment as may be determined by us, and communicated effectively at point of purchase, immediately for the Subscription Package you have selected.

3.5 Restrictions on the use of the Services and Content

You must comply with the Usage Rules set out in clause 9;

You must not use the Services, the Thumsters Website, the Thumsters Interfaces, or display, access or transmit the Content made available to you in a manner which results in you or a third party breaching any laws (including by infringing any person’s intellectual property rights or by breaching these Terms and Conditions);

You must not, and must not permit, authorise or assist any other person to reverse engineer, create derivative works of, modify, disable or alter the Services, Content, the Thumsters app, the Thumsters website or the Thumsters Interfaces made available to you or any security, encryption or anti-piracy software or technology included in the Service or Content; and

You must not, and must not permit, authorise or assist any other person to copy, reproduce, communicate to the public the Content, except as expressly permitted in these terms and conditions.

4 Payment

We will charge your selected app store payment method for for your Subscription Package at the start of the initial period, subject always to any free-trials, promotions which may be utilised at the time. We will continue to charge your selected app store payment method in accordance to the frequency specified on the selected Subscription Package after the initial period, free-trial, promotion period, until you cancel your subscription.

Unless specifically stated otherwise, all amounts or fees in relation to the Services include any applicable sales taxes.

5 Your Information

Please contact us via the support@thumsters.com for any issues or change requests, and we will assist you accordingly.

6 Changing, Terminating or suspending your Subscription Package

If you have subscribed you can cancel your subscription via the following methods:

iTunes & App Store:

  1. Go to Settings > [your name] > iTunes & App Store.
  2. Tap your Apple ID at the top of the screen.
  3. Tap View Apple ID. You might need to sign in or use Touch ID.
  4. Tap Subscriptions.
  5. Tap the subscription that you want to manage.
  6. se the options to manage your subscription. You can choose a different subscription offering, or tap Cancel Subscription to cancel your subscription. If you cancel, your subscription will stop at the end of the current billing cycle.

Google Play Store:

  1. Open the Google Play Store Google Play.
  2. Tap Menu.
  3. Tap Account.
  4. Tap Subscriptions.
  5. Find the subscription you want to cancel.
  6. Tap Cancel.

We are unable to cancel or change your subscriptions on your behalf.

If you request changes other than subscription changes via email you may be requested to provide proof of identity, and upon acceptance of your identification, you then empower KØBEN Digital to make the changes to your information on your behalf.

If you cancel your Subscription Package your cancellation is effective at the end of a payment cycle, unless you cancel as a result of us changing these Terms and Conditions in a way which makes you materially worse off in which case the cancellation will be effective when the change to these Terms and Conditions is effective.

We reserve the right to suspend or cancel your access to Services and your Membership if we have reasonable grounds to suspect that your Service User information is incorrect, inaccurate or incomplete or there has been unauthorised access of your account.

We reserve the right to terminate or restrict your use of the Service if:

  • you are in breach of this agreement;
  • you are using or accessing the Services or the Thumsters Interfaces for a commercial, non private use;
  • you are in breach of the Usage Rules set out in clause 9;
  • we consider it necessary for security, copyright protection or anti-piracy reasons;
  • with 30 days prior written notice, for any or no reason whatsoever;

7 Intellectual Property

All content on or available through the Thumsters App (including the Content) and all Thumsters interfaces created for devices including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations and software and its compilation ("Thumsters Interfaces") is the property of KØBEN Digital or its suppliers and is protected by Australian and international copyright laws.

Unless otherwise specified, the Services, Thumsters Interfaces and all Content accessed via the Services is for your personal and non-commercial use and we grant you a limited licence to access the Thumsters App and Thumsters Interfaces and the Content for that purpose. You may not download (other than through temporary app caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any Content or any information contained on, or obtained from, the Thumsters App or Thumsters Interfaces or via the Services without our express written consent. Except for rights expressly granted to you, all rights in the Content are reserved by us or our licensors and your licence to the Content terminates upon breach by you of these Terms and Conditions.

7.1 Copyright

We take copyright infringement of our or our licensors copyright very seriously. You must not copy, reproduce, communicate to the public, transmit, broadcast the Thumsters App, Thumsters Interfaces or any Content accessed via the Services. We reserve the right to take all steps necessary to prevent the unauthorised distribution, copying, reproduction, broadcasting or communication of the Content.

7.3 Member generated content

Service User generated content or information and data about their children, such as name, gender, birthdate, avatar (photograph), incentives, and behavioural tracking information (“Thumbs Up reasons” or “Thumbs Down reasons”) is stored securely on behalf of the user.

By posting any content or information on the Services, Thumsters App and Thumsters Interfaces, you grant us a nonexclusive, perpetual, irrevocable, royalty-free licence to display, use, reproduce, sub-licence or modify, adapt and communicate to the public that information in an anonymised format for statistical and research purposes.

In posting such content or information, you agree not to use a false e-mail address or otherwise mislead us or others regarding the origin of such content. You also agree to indemnify KØBEN Digital, its subsidiaries, shareholders, directors, officers or employees ("indemnified party") from and against any loss, damage, liability, costs or expenses the indemnified party suffers or incurs in connection with any content or information posted on the Thumsters App and Thumsters Interfaces or any other information you provide to us. We reserve the right to remove or edit such content at any time without notice.

Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Thumsters App and Interfaces are those of the respective authors or producers and not of KØBEN Digital or its shareholders, directors, officers or employees. To the extent permitted by applicable laws, under no circumstances shall KØBEN Digital or its shareholders, directors, officers, directors or employees be held liable for any loss or damage caused by your reliance on information obtained through the Thumsters App, Services and Thumsters Interfaces. It is your responsibility to evaluate the information, opinion, advice or other content available through the Thumsters App, Services and Thumsters Interfaces.

8 Limitations on liability

Other than as specified expressly in these Terms and Conditions and subject to your rights under statutory guarantees provided under consumer protection laws that cannot be excluded, we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of Thumsters App and Interfaces except to the extent that such liability cannot be excluded by law.

Except for the express warranties set out in these Terms and Conditions and your rights under statutory guarantees provided under consumer protection laws, KØBEN Digital provides no warranties or guarantees to you (including in relation to KØBEN Digital provision of the Services or the Thumsters Interfaces or the performance of the Services).

Whilst we use due care and skill in relation to the provision of the App, the Website and the Thumsters Interfaces, KØBEN Digital does not warrant or guarantee that the App, Services, Website or Thumsters Interfaces will be free from errors or will be provided to you within a particular time.

9 Usage Rules

9.1 General Usage Rules

These rules apply to your access of Content on IP connected Approved Digital Delivery Devices ("Approved Devices"):

  • To access the paid subscription features you must be an active Service User prior to accessing the paid subscription features, except for any free features which are available without a registered account, however KØBEN Digital reserves the right to request some registration in order to access Free features.

9.2 Registration of Devices

KØBEN Digital may require users to register devices, which will be at the discretion of KØBEN Digital.

10 General Terms

10.1 Assignment

We may assign any or all of our rights and obligations pursuant to these Terms and Conditions without the need to obtain your consent.

10.2 Privacy

KØBEN Digital collects, stores, uses and discloses personal information in accordance with its "Privacy policy". You agree to be bound by our "Privacy policy".

10.3 Applicable law

Your use of this App and the Digital Delivery Services is governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria, Australia.