Terms of Service
Effective Date: October 08, 2025
Company: Gibney Technology Enterprises Limited ("we," "our," or "us")
Service: Fidgie mobile and web application ("Fidgie," the "App," or the "Service")
1. Introduction and Acknowledgement
These Terms of Service ("Terms") form a legally binding agreement between you and Gibney Technology Enterprises Limited regarding your use of Fidgie. This agreement is concluded between you and Gibney Technology Enterprises Limited only, and not with Apple. Gibney Technology Enterprises Limited, not Apple, is solely responsible for Fidgie and its content. Your use of Fidgie must also comply with the Apple Media Services Terms and Conditions.
2. Eligibility
Fidgie is intended for use by parents and legal guardians. Children may indirectly benefit from the content generated by Fidgie, but children are not the intended users of the App. By creating an account or using Fidgie, you represent that you are at least eighteen (18) years of age and have the legal authority to enter into this agreement.
3. Accounts
To use Fidgie, you must create an account and provide accurate and complete information. A parent account may include multiple child profiles. You are responsible for safeguarding your login credentials and for all activities under your account. You agree to notify us promptly if you suspect unauthorized access.
4. Scope of License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to download, install, and use Fidgie on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. The license also allows access via Family Sharing or volume purchasing where applicable.
5. Subscriptions, Payments, and In-App Purchases
Fidgie is available only through a paid subscription. Access to the Service requires an active, paid subscription. If your subscription expires or is cancelled, you will no longer be able to access Fidgie. Subscriptions are billed in advance on a recurring monthly or annual basis, depending on your selection. Payments are processed exclusively by Apple or Google app stores, and their terms also apply. Except where required by law, all fees are non-refundable. You may make in-app purchases to generate additional stories beyond your subscription allowance. Such purchases are non-refundable.
6. Maintenance and Support
Gibney Technology Enterprises Limited is solely responsible for providing maintenance and support for Fidgie. Apple has no obligation whatsoever to provide any maintenance or support services for Fidgie. For assistance, you may contact us at support@fidgie.com.
7. Warranty
Fidgie is provided on an "as is" and "as available" basis. Gibney Technology Enterprises Limited is solely responsible for warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event Fidgie fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Fidgie. Any other claims, losses, liabilities, damages, or expenses arising from a failure to conform to a warranty shall be our sole responsibility.
8. Product Claims
You acknowledge that Gibney Technology Enterprises Limited, not Apple, is responsible for addressing any claims you or any third party may have relating to Fidgie or your possession and/or use of Fidgie. This includes, but is not limited to: (i) product liability claims; (ii) any claim that Fidgie fails to conform to applicable legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy, or similar legislation.
9. Intellectual Property
All rights, title, and interest in Fidgie, including all software, graphics, text, and other content, are owned by Gibney Technology Enterprises Limited or our licensors. In the event of any third-party claim that Fidgie or your possession and use of Fidgie infringes intellectual property rights, Gibney Technology Enterprises Limited, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.
10. User Conduct and Third-Party Terms
You may use Fidgie only for lawful, personal, and non-commercial purposes. You must comply with all applicable third-party terms of agreement when using Fidgie, including those imposed by your wireless data service provider. You must not copy, modify, distribute, or reverse engineer Fidgie, attempt to gain unauthorized access, or use Fidgie for any unlawful purpose.
11. Legal Compliance
By using Fidgie, you represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Privacy
Your privacy is important to us. Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms. Parents remain in control of all information relating to children.
13. Termination
You may terminate your use of Fidgie at any time by cancelling your subscription. We may suspend or terminate your account if you violate these Terms, misuse Fidgie, or fail to pay fees when due. Upon termination, you lose access to Fidgie and its content.
14. Limitation of Liability
To the fullest extent permitted by law, Gibney Technology Enterprises Limited shall not be liable for any indirect, incidental, consequential, or punitive damages arising from or relating to your use of Fidgie. In all cases, our total liability to you shall not exceed the lesser of one hundred euros (€100) or the total fees you paid in the twelve (12) months preceding the claim.
15. Indemnification
You agree to indemnify and hold harmless Gibney Technology Enterprises Limited, its directors, employees, and partners, from any claims, damages, or expenses arising from your violation of these Terms or misuse of Fidgie.
16. Governing Law and Disputes
These Terms are governed by the laws of Ireland. Any disputes shall be subject to the exclusive jurisdiction of the courts of Ireland.
17. Third-Party Beneficiary
You and Gibney Technology Enterprises Limited acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this agreement. Upon your acceptance of these Terms, Apple will have the right (and be deemed to have accepted the right) to enforce this agreement against you as a third-party beneficiary.
18. Changes to the Terms
We may amend these Terms from time to time. When material changes occur, we will notify you by email. Continued use of Fidgie after such changes take effect constitutes your acceptance of the updated Terms.
19. Contact Information
If you have questions about these Terms or require support, you may contact us at support@fidgie.com. Postal contact details are available under our company information.