Little Shrine · Legal

Terms of Use

Read the document that accompanies the app.

App Terms of Use

Operator
Kiwi Tree
Release
buddha-legal-v1-draft.1
Status
draft
Effective date
Not set
Terms version
1.0.0-draft.1
TERMS OF USE
Draft for release review · Kiwi Tree

Important legal terms: Covered U.S. disputes are subject to binding individual arbitration instead of a court or jury trial, with a waiver of class, collective and representative proceedings, unless you use the 30-day arbitration opt-out described in the Terms. The Terms also include indemnity obligations and limits on liability. Small claims, public injunctive relief, non-waivable rights and other stated exceptions remain available. These provisions do not automatically bind children or apply to consumers outside the United States.

Who operates Little Shrine
Little Shrine is operated by Kiwi Tree. Contact dvdandroidapp@gmail.com. These Terms govern personal use of Little Shrine and its digital content. Purchases & Refunds is incorporated into this agreement. The Privacy Policy separately explains data practices. Google operates Google Play under its own terms and is not a party to this agreement.

Local notice and account agreement
Guest onboarding records an informational acknowledgment, not account agreement. After authentication, the person using an account must explicitly agree to the displayed Terms before connected practice and new purchases are enabled. The agreement is recorded for that account. An incomplete account setup or local notice does not establish account acceptance. Agreement does not establish contractual capacity, serve as verified parental consent, or waive non-waivable rights.

Country and age eligibility
The bundled Country and age check applies product minimums of at least 13, with higher minimums in some locations. See Children and Age Eligibility for the supported locations. We do not request a birthday or exact age. Unanswered age may permit local-only practice when no known restriction prevents it. Account setup requires a sufficient age range. Known younger evidence and mandatory Google Play verification or approval restrictions remain effective. No parental enrollment is offered. This product screening is not proof of adulthood or legal capacity.

Accounts, practice and your content
Prayer and the first figure are free. Local practice stays on this device. Signing in uses a separate account collection, balance and practice record. Guest coins, care and purchases do not transfer. Use your original account to restore connected purchases. Keep credentials safe and contact support about suspected unauthorized use; this does not automatically make you responsible for third-party unauthorized transactions. Firebase authentication may process information even if account setup is cancelled.

The app does not record the words of your prayers. You retain rights in private gift greetings you create. The service processes their encrypted form and gift records; anyone with the complete private link may read the greeting. We do not take permission to publish or commercially reuse your private messages. Only include content you have the right to share.

Coins, care and gifts
Unused coins and care supplies do not expire. Offerings last 24 hours after use; incense lasts 12 hours where supported. Replacing or extinguishing care does not refund a used supply. Figures and purchased settings are digital entitlements; availability depends on the app and supporting services, without removing mandatory consumer remedies. Private gift links are claimable once by an eligible verified account. Unaccepted gifts can be cancelled and expire after 30 days; accepted gifts remain with recipients if the sender deletes their account.

Symbolic use
Prayer, figures and offerings are symbolic. They do not promise spiritual, medical, financial or other real-world results. The app is not a medical device, treatment, monitoring or emergency service. Consult a qualified professional for medical advice. Stop if uncomfortable and use the app only where pausing is safe. App timers, prices, rewards and streaks are product choices, not religious obligations or measures of spiritual worth.

Your licence to use the app
Subject to these Terms and any applicable purchase, Kiwi Tree grants you a personal, limited, non-exclusive, non-transferable licence to install and use Little Shrine and the digital content made available to you on supported devices. You may make copies to the extent necessary for lawful installation and backup.

You may not redistribute the app or its supplied artwork and writing as a competing product, remove ownership notices, or exploit it commercially without permission. Restrictions do not limit rights that applicable law gives you, including protected interoperability, reverse engineering, accessibility or consumer rights.

Except for your private gift content and rights expressly granted here or by a third-party licence, Kiwi Tree and the relevant rights holders reserve all rights. You may not sublicense, sell, rent or commercially distribute supplied content, impersonate the operator, use its names or marks to imply endorsement, or bypass technical access or payment restrictions, unless a right protected by applicable law permits that activity.

The app and its original supplied content are protected by intellectual-property law. Third-party software, fonts and other materials retain their respective licences. This agreement grants use rights rather than transferring ownership of the app.

Concerns about intellectual property
If you believe material supplied in Little Shrine infringes your intellectual-property rights, contact dvdandroidapp@gmail.com. Identify the protected work or right, the specific app material and where it appears, why you believe the use is unauthorized, your connection to the rights holder and a way to reply. We may ask for information reasonably needed to investigate and respond. Do not send passwords or private gift messages. We will assess a sufficiently identified concern and take appropriate action where warranted.

Appropriate use
Do not use Little Shrine to break the law, gain unauthorized access, interfere with services, distribute malicious code, falsify payment evidence, obtain duplicate credits fraudulently, or circumvent lawful payment and security controls. Good-faith security reports and activity protected by applicable law are not prohibited by this section.

You must not exploit errors to obtain unearned credits, tamper with purchase verification, misrepresent authority over an account, or knowingly submit false refund or support information. A good-faith refund request, payment dispute, legal claim, security report or criticism is not payment abuse merely because it is disputed or unsuccessful.

Delays caused by events outside reasonable control
To the extent permitted by applicable law, neither party is responsible for a delay in performing an obligation caused directly by an event outside that party’s reasonable control that it could not reasonably prevent or overcome, such as a natural disaster, a widespread communications failure or a binding government restriction. Any relief applies only to the affected obligation and only for the period the event prevents performance. The affected party must take reasonable steps to limit the disruption and resume performance; Kiwi Tree will provide appropriate notice of a material service interruption when reasonably practicable.

This provision does not excuse a party’s own fault, ordinary lack of funds, required arbitration fees, payment already owed, mandatory refunds or other non-waivable remedies. It does not remove our security or legal-compliance duties, permit arbitrary removal of paid entitlements, or exclude responsibility for a provider where applicable law makes us responsible. Prolonged interruption and service withdrawal remain subject to the service-change provisions and applicable consumer rights.

Changes, suspension and ending use
You may stop using Little Shrine and request deletion of your connected account. Account deletion, local local practice erasure and deletion of exported copies are separate actions, described in the deletion information.

We may limit affected connected functionality when reasonably necessary to address fraud, unlawful interference, security incidents or a material breach of these Terms. Measures should be proportionate; we will provide notice and an opportunity to resolve the issue where appropriate and legally required, except where immediate action is necessary.

If a material service change or shutdown affects paid entitlements, we will explain the effect and applicable options with the notice required by law. We do not reserve a right to remove purchased value arbitrarily. Mandatory refunds and other remedies survive this agreement.

Material changes will carry a new version and effective date, and will be disclosed before they apply where required. Changes to arbitration or other dispute terms require affirmative agreement and do not retroactively govern a dispute already notified to either party without both parties’ express agreement. Merely posting changed terms is not treated as assent to a new dispute provision.

Warranties and limits on liability
The app is intended for personal symbolic reflection and local practiceing. Subject to the express commitments in this agreement and mandatory consumer rights, availability, results, uninterrupted operation and error-free performance are not guaranteed. No support statement creates an additional warranty unless the operator expressly makes that commitment or applicable law gives it that effect.

The United States warranty disclaimers, damages exclusions and monetary cap in this section apply only if you reside in the United States when you validly agree to these Terms and have legal capacity to enter the agreement. The United States indemnity below uses the same condition. Visiting or later moving to the United States does not by itself extend these provisions to an agreement made outside that scope. If your residence changes, any mandatory protections that then apply to you remain preserved; these provisions do not override them.

For United States users within that scope, the app and supplied digital content are provided “as is” and “as available”. To the extent those warranties can lawfully be disclaimed for this service, Kiwi Tree disclaims implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. This does not disclaim express commitments in these Terms or non-excludable warranties and consumer guarantees.

For those United States users, and subject to the exclusions below, Kiwi Tree, its proprietor and persons acting on its behalf in supplying Little Shrine are not liable for indirect, incidental, consequential, special, exemplary or punitive damages, or lost business profits, revenues, goodwill or business opportunities, arising from the app or this agreement, whether the claim is contractual, tort-based or otherwise, even if advised of the possibility of those losses.

For those United States users, and subject to the same exclusions, the aggregate monetary liability of Kiwi Tree, its proprietor and persons acting on its behalf for all related claims arising from Little Shrine or this agreement is limited to the greater of US$100 or the total amount you paid for Little Shrine digital purchases during the 12 months immediately before the first event giving rise to the related claims. Multiple claims arising from the same or related events do not multiply that cap. For this calculation, purchase payments are the amounts you paid for Little Shrine digital content before Google Play commissions, excluding separately itemized taxes and refunds already completed before that first event. Later refunds do not retroactively reduce the cap. Convert non-U.S.-dollar payments using a publicly available transaction-date exchange rate from an independent financial data source; any disputed conversion is determined by the court or arbitrator deciding the claim, not unilaterally by Kiwi Tree.

Neither the damages exclusion nor the cap limits liability for fraud, fraudulent misrepresentation, gross negligence, wilful injury or misconduct, unlawful conduct, or any other liability that cannot lawfully be excluded or limited. They do not reduce mandatory refunds, statutory conformity remedies, non-waivable statutory damages or other mandatory consumer relief, or liability for death or personal injury where exclusion or limitation is prohibited. These exceptions prevail over every limitation elsewhere in this agreement.

The United States warranty disclaimers, damages exclusions and monetary cap above do not apply automatically to consumers outside the United States. Those consumers retain the remedies, service/digital-content guarantees and liability protections of their applicable mandatory law. No claim is made that a United States clause overrides EEA, United Kingdom or other local consumer protections.

Within their lawful scope, these allocations of risk are part of the basis on which the service is made available. If a particular exclusion or limit is invalid, it is ineffective for the affected liability; the remaining independent provisions continue only where they remain lawful and enforceable.

United States users: defence and indemnity for third-party claims
If you reside in the United States when you validly agree to these Terms and have legal capacity to enter this agreement, you agree to defend, indemnify and hold harmless Kiwi Tree, its proprietor, permitted successors, personnel, agents, contractors and licensors involved in supplying Little Shrine against third-party claims, resulting judgments, approved settlements and reasonable documented defence costs, including reasonable legal fees, but only to the extent reasonably caused by your unlawful use of the app, fraud or payment abuse, material breach of these Terms, or infringement or violation of another person’s rights through material you supply or direct to be processed or shared.

This obligation does not cover loss caused by an indemnified person’s breach of these Terms, negligence, fraud, wilful misconduct or violation of law. It does not shift our own legal compliance duties to you, require you to pay for bringing your own good-faith claim, or penalize a privacy request, regulator complaint, lawful review, security report or good-faith refund request. An unsuccessful claim or complaint is not by itself a material breach or grounds for indemnity.

We will give reasonably prompt written notice of a covered third-party claim and reasonable cooperation at the indemnifying party’s reasonable expense. A delay in notice reduces your obligation to the extent the delay materially prejudices the defence. You may control the defence through suitably qualified counsel reasonably acceptable to us, without an unreasonable rejection of counsel; we may participate through our own counsel at our own expense.

Neither party may settle a claim in a way that admits fault by the other, imposes non-monetary obligations on the other, or requires payment by the other without that party’s written consent. Consent must not be unreasonably withheld for a settlement fully funded by the indemnifying party that completely releases the indemnified persons without other obligations. If you fail to undertake a required defence after reasonable notice, we may reasonably defend the covered claim and seek only reasonable documented covered costs. Defence and reimbursement duties extend only to the covered portion of a claim.

This contractual indemnity is not imposed on consumers outside the United States or on a person who lacks legal capacity to undertake it. A parent does not become an indemnitor merely because a child uses the app or selects an agreement control. This limitation does not excuse unlawful conduct or remove liabilities independently imposed by law.

United States disputes: mandatory individual arbitration
This arbitration agreement is between you and Kiwi Tree. It applies if you reside in the United States when you validly agree to these Terms and have legal capacity to do so, subject to mandatory protections that apply to you. It does not establish a minor’s capacity, remove a minor’s right to disaffirm where law provides one, or treat a child’s checkbox as a parent’s agreement. Consumers outside the United States are not required by these Terms to accept pre-dispute arbitration.

Except for the exceptions stated below, you and Kiwi Tree agree that disputes, claims and controversies between us arising from Little Shrine, its digital purchases, this agreement, related communications or our handling of data in connection with the app will be resolved exclusively by final, binding individual arbitration. This includes contract, tort and statutory claims within the lawful scope of this agreement. For covered claims, both parties give up a court or jury trial in favour of arbitration. This provision applies to disputes arising after valid assent; it does not reach unrelated dealings or retroactively capture an already-notified dispute.

The Federal Arbitration Act, 9 U.S.C. sections 1–16, governs interpretation and enforcement of this arbitration agreement. Applicable substantive law and non-waivable consumer protections remain in force. You may reject arbitration through the 30-day opt-out below. Unless you validly opt out, covered disputes remain subject to this arbitration agreement and its stated exceptions.

Your 30-day choice to opt out of arbitration
You may opt out by sending a clear written statement that you reject Little Shrine’s arbitration agreement within 30 calendar days after you first validly agree to it. The window begins with your first successfully recorded account acceptance. Email dvdandroidapp@gmail.com with the subject “Arbitration opt-out”. Include your name, mailing address and the email associated with a Little Shrine account, if you have one.

You do not need an account, purchase, lawyer, special form or another Terms acceptance to send this notice. Do not send passwords, private gift messages or full payment-card details. Your email must be delivered within the 30-day window. Keep available sending or delivery information. Preparing an email does not send it; send it from your email app. We may seek reasonable clarification, but a timely, reasonably identifiable notice clearly rejecting arbitration is not invalid merely because of a technical defect.

An effective opt-out means neither you nor Kiwi Tree may compel the other to arbitrate under this agreement. The associated arbitration-only class, collective and representative proceeding restriction also does not apply to you. The remaining Terms, including lawful liability and indemnity provisions, continue to apply. Opting out does not cancel your account, remove paid entitlements or prevent ordinary app use, purchases, refunds, restoration, deletion or privacy requests.

A later routine acceptance of Terms, account sign-in or switch, reinstall or change of device does not revoke a valid opt-out or by itself restart this window. We will not use an ordinary Terms acceptance to reinstate arbitration after you have effectively opted out. Any future agreement to reinstate it must be separate, express and lawful. We will confirm an effective opt-out; its validity does not depend on our acknowledgment. Contact support if confirmation is missing or you need a correction.

Prepare an arbitration opt-out email: mailto:dvdandroidapp@gmail.com?subject=Buddha%20Pray%20arbitration%20opt-out

Notice and informal resolution before arbitration
Before starting a covered arbitration, the claimant must give the other party a written notice reasonably describing the dispute, the requested remedy and a way to reply. A notice to Kiwi Tree may be sent to dvdandroidapp@gmail.com with the subject “Notice of dispute”. Include your name and, if relevant, the account email or a purchase reference sufficient to identify the issue. No lawyer, special form, notarization, password, complete payment-card details or private gift content is required.

Kiwi Tree will send its notice to your available account/contact address or another lawful notice route. Both parties will make a good-faith effort to resolve the issue for 30 calendar days after receipt. This is not a compulsory paid mediation or an in-person meeting. If unresolved, either party may initiate arbitration under the rules below. Preparing an email does not send notice until you send it.

An email notice is received when it is delivered to the designated email address; receipt does not depend on an acknowledgment or whether someone opens it. A bounced email is not delivered. Keep reasonable delivery information if available. If delivery or its date is disputed, the good-faith notice and protective-filing safeguards below still apply; do not wait past a legal deadline while seeking acknowledgment.

Applicable limitation periods are tolled during this 30-day process to the extent legally permitted. A party may make a protective filing to preserve a deadline if tolling is unavailable or uncertain. This process does not delay urgent interim relief, regulator complaints, statutory notices, privacy requests, platform refund procedures or the small-claims/public-injunction exceptions below. A reasonable good-faith effort to provide the necessary information is sufficient; technical notice defects do not automatically forfeit a claim.

Administrator, rules, costs and hearings
The American Arbitration Association (AAA) will administer covered disputes under its Consumer Arbitration Rules in effect when the administrative filing requirements are met, as provided by those rules, subject to the express terms here and applicable mandatory law. One neutral arbitrator will decide the merits. The AAA’s applicable Mass Arbitration Supplementary Rules may govern administration when their criteria are met; using those procedures does not make an individual claim a class arbitration.

AAA Consumer Arbitration Rules and fee schedules: https://www.adr.org/rules-forms-and-fees/consumer/

AAA consumer dispute information and filing help: https://www.adr.org/industries/consumer/

You may request a copy of the applicable rules from dvdandroidapp@gmail.com. Your arbitration filing fees and any share of arbitrator compensation are limited to what the AAA Consumer Arbitration Rules and applicable law permit a consumer to pay. Kiwi Tree pays the remaining fees, administration charges, arbitrator compensation and expenses allocated to the business. Applicable hardship waivers and any additional payment required to keep arbitration accessible remain available. The company will not use the indemnity clause to shift its required arbitration costs to you.

If the arbitrator determines that a claim or counterclaim was brought for harassment or is patently frivolous, or applicable law requires a different allocation, the arbitrator may order payment or reimbursement only as the AAA Consumer Arbitration Rules and applicable law allow. You must reimburse amounts Kiwi Tree advanced only to the extent a valid ruling makes those amounts your responsibility. An unsuccessful claim is not, by itself, harassment or a patently frivolous claim. Kiwi Tree cannot decide that you owe these costs unilaterally, deduct them from your coins, or withhold its required payments while seeking a ruling.

Each party ordinarily bears its own legal fees, except where applicable law permits or requires an award. The arbitrator retains authority to award statutory legal fees and costs to an eligible consumer, and to apply lawful sanctions for a frivolous or bad-faith proceeding. Merely losing a claim does not make it frivolous, and these Terms do not create a general loser-pays rule for consumers.

Arbitration may proceed on documents, by telephone or video, or through a hearing as allowed by the consumer rules and fairness requirements. An in-person hearing must be reasonably convenient to the consumer under those rules, ordinarily in the consumer’s county of residence unless the parties agree otherwise after the dispute arises. Reasonable disability accommodations and information exchange needed to present the claim must be available. The arbitrator must issue a reasoned written award and may grant the relief available for an individual claim under applicable law, subject to the preserved exceptions below. A court of competent jurisdiction may enter judgment on the award; judicial review remains as provided by law.

If AAA is unavailable for a reason unrelated to a party’s noncompliance, the parties may agree on another neutral consumer administrator. Kiwi Tree cannot choose a substitute unilaterally. If no substitute is mutually agreed, either party may proceed in a court of competent jurisdiction. If AAA declines or closes a case because Kiwi Tree has not paid required fees, registered or supplied a compliant clause, or otherwise satisfied the administrator’s requirements, available court access and other remedies are preserved under the rules and law; this clause does not compel an indefinite wait.

Waiver of class, collective and representative proceedings
For claims properly subject to the arbitration agreement where you have not effectively opted out, you and Kiwi Tree agree to proceed only in an individual capacity, and not as a class representative or member or in a collective or representative proceeding. An arbitrator may resolve only the individual claims of the parties before that arbitrator and may not conduct class arbitration or consolidate separate claimants’ merits without all affected parties’ written agreement after the dispute arises.

This restriction does not waive a right or means of enforcement that applicable law makes non-waivable, prevent an individual from using the same lawyer as other claimants, eliminate applicable AAA mass-filing administration, or bind absent users to another person’s result. It is not an independent waiver of jury or class rights for disputes outside the lawful scope of the arbitration agreement. The following exceptions take priority over this paragraph.

Claims, remedies and court questions that remain available
• Either party may bring an eligible individual claim in a small-claims court and keep it there while it remains within that court’s jurisdiction, as the applicable consumer rules allow.
• You may contact, complain to and cooperate with government agencies, regulators or law enforcement. Nothing limits their authority or your non-waivable rights and remedies.
• A claim for public injunctive relief that cannot lawfully be waived may be brought in a court of competent jurisdiction. Such relief is not waived, and the individual-only restrictions do not eliminate it in every forum.
• A protected claimant may choose a court for a case covered by 9 U.S.C. section 402 concerning sexual assault or sexual harassment; that statute’s restrictions on pre-dispute arbitration and joint-action waivers prevail.
• Either party may seek temporary or preliminary court relief genuinely necessary to preserve rights pending arbitration, without using that request to exclude the otherwise arbitrable merits.
• Other claims or remedies that applicable law makes non-arbitrable or non-waivable remain available in the legally required forum.

A court, not an arbitrator, decides whether an agreement was formed, whether a party had capacity to agree, the enforceability and scope of the arbitration/class-waiver provisions, and whether a mandatory exception applies, including questions reserved to courts by 9 U.S.C. section 402. This allocation controls over a contrary delegation in incorporated rules. The arbitrator decides the merits of claims properly sent to arbitration.

If an individual-proceeding restriction is unenforceable for a particular claim or requested remedy, only that affected claim or remedy proceeds in court unless law requires otherwise; there is no agreement to class arbitration. Other separable, validly arbitrable claims remain individual. A court may stay or sequence proceedings only as law permits, without extinguishing or indefinitely obstructing a preserved remedy. If the arbitration agreement itself cannot be enforced, the affected dispute may proceed in court.

Governing law and other terms
California law governs this agreement, excluding choice-of-law rules only to the extent that exclusion is lawful, while the Federal Arbitration Act governs arbitration as described above. Consumers retain mandatory protections of the law that applies to them, including protections and local forums that cannot be displaced by contract. For disputes properly proceeding in court, use a court with lawful jurisdiction and venue; this agreement does not require a protected consumer to travel to California.

These Terms and the incorporated Purchases and Refunds terms constitute the agreement about app use, subject to applicable platform terms and separate third-party licences. A privacy notice is not an agreement to optional processing or a waiver of legal privacy protections. No oral assurance displaces this agreement unless applicable law or an authorized express commitment gives it that effect.

You may not assign this agreement or transfer account-specific digital entitlements without permission except where law permits it. Kiwi Tree may assign the agreement with a lawful business transfer only if the successor assumes the applicable obligations, required notices are given and your mandatory rights and paid entitlements are preserved.

Subject to the specific arbitration severability rules, an unlawful provision is ineffective to the extent of the defect and independent lawful provisions may remain effective. Failure to enforce a provision once is not a general waiver. No third party gains rights under this agreement except a person expressly protected by the licence, liability or indemnity clauses, and only within that protection’s lawful scope. Third-party platforms remain responsible under their own agreements and applicable law.

Clauses concerning intellectual-property ownership, permitted use of product suggestions, accrued payment obligations, lawful liability limits, covered indemnity and resolution of disputes survive the end of use to the extent their purpose requires. Survival does not authorize retention of personal information beyond the applicable retention rules or change the promised deletion of account Terms records. Contact dvdandroidapp@gmail.com for notices and questions.

This draft must be approved before public release.