Terms of Use for WhizToonz

1. Introduction

These Terms of Use (hereinafter the “Terms” or “Agreement”) constitute a legally binding contract between you (“User,” “You,” or “Your”) and WhizToonz (“WhizToonz,” “We,” “Our,” or “Us”). WhizToonz is a global edutainment platform operated by Oaks Intelligence Limited (“Company,” “we,” “our,” or “us”) that delivers interactive educational content, animated episodes, games, and structured activities through digital storytelling and gamification. These Terms govern your access to and use of the WhizToonz platform, services, applications, software, digital products, and in-platform virtual currencies (collectively, the “Platform” or “Services”). By accessing, registering for, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must immediately cease all use of the Platform.

These Terms are intended to clearly outline the obligations, rights, and remedies of both the User and the Company, reflecting industry-standard legal provisions. Your continued access to or use of the Platform is expressly conditioned on your acceptance of and adherence to these Terms. If you are a parent or guardian of a minor using the Platform, you agree to these Terms on the minor’s behalf and are responsible for supervising the minor’s use. In addition, you agree to our Privacy Policy (which explains how we collect and handle your data) and any other guidelines or policies we post in conjunction with specific features of the Platform, all of which are incorporated by reference into these Terms.

2. Account Creation & Eligibility

2.1 Eligibility

  • Individual Accounts Only: You must register for an individual user account to use WhizToonz. We do not permit shared, joint, or family accounts. Each account is tied to a single individual user.
  • Age Groups: The Platform has two age-based user categories. Children ages 5–12 are part of WhizToonz Kiddiez, and they may use the Platform only with parental supervision and consent. Individuals aged 13 and above are part of WhizToonz Toonz and may create and use accounts independently (subject to parental consent where required by law, for example for minors under the age of majority). By registering, you represent that you fall within the permitted age range for the account type and that, if under 13, a parent/guardian has reviewed and agreed to your use of the Platform.

2.2 Registration Information

  • Sign-Up Credentials: To register, you must provide a valid email address or phone number. Parents or legal guardians are permitted to register accounts on behalf of their children in the Kiddiez category (ages 5–12).
  • Name and Profile: You are not required to use your real name on the Platform; you may choose a username. If you choose to upload a profile picture, ensure it is appropriate (no sensitive personal images).
  • Accuracy of Details: All information you provide during registration and in your account profile must be truthful, accurate, and up-to-date. You are responsible for maintaining and promptly updating your contact information (such as your email or phone number) so that we can reach you with important notices. The Company is not liable for communication failures if your details are incorrect or not updated.
  • Age Confirmation: Our current registration process asks for your date of birth or age category. Parents are strongly encouraged to supervise their children’s use of WhizToonz Kiddiez and to ensure that they have consented to their child’s use of the Platform.

2.3 Account Security

  • Personal Account, No Sharing: You are responsible for all activity that occurs under your WhizToonz account. You must keep your login credentials (password or any authentication tokens) confidential and not share your account with anyone else. If you suspect that anyone else has obtained access to your account or password, you must notify us immediately.
  • Security Measures: For your security and the protection of our content, certain device functions may be disabled or restricted while using the Platform. For example, the WhizToonz apps may block or prevent screenshots, screen recordings, or other copying methods when content is playing. You agree not to attempt to circumvent any content protection mechanisms.
  • Liability for Account Use: You are responsible for maintaining the confidentiality of your login information and for any use of your account. The Company will not be liable for losses or damages arising from unauthorized use of your account (for example, if someone else uses your account without permission). However, you may be held liable for losses incurred by the Company or others due to such unauthorized use. We advise using a strong password and enabling any available security features. If your account is compromised, we may suspend or terminate it as needed (see Section 5) to protect you and the Platform.

3. User Interactions & Community Rules

3.1 Communication Features

WhizToonz offers limited communication features tailored to protect younger users:

  • No Open Chat for Kids: Direct messaging or free-form chat is not available for WhizToonz Kiddiez accounts (users ages 5–12). Children cannot send personal messages to other users.
  • Pre-Approved Phrases: In interactive games or cooperative activities, Kiddiez users may have the ability to send pre-set, pre-approved short phrases (such as “Good game,” “Well done,” or emojis) to other players. These canned messages are provided to allow basic positive interactions without risking exposure of personal information or inappropriate content.
  • Comments in WhizToonz Toonz: Users aged 13+ (WhizToonz Toonz) have access to community features like commenting only on specific content (e.g., on animated episodes). Comment sections (if provided) are public and are moderated. By posting comments, you agree to follow the content rules in Section 3.2.
  • No Comments in Kiddiez: Commenting or any form of public posting is disabled for Kiddiez users. Younger children can enjoy content and game features but cannot post text or upload media on the Platform.

3.2 Community Conduct

When interacting on the Platform (including using pre-set phrases, posting comments on episodes, or any future interactive feature), you agree to uphold a friendly, safe environment. Users must NOT:

  • Post or Share Inappropriate Content: You may not post, share, or transmit any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, violent, pornographic, sexually explicit, or otherwise objectionable or inappropriate for a general audience (especially an audience that includes children). This includes any content that exploits or endangers minors, or that promotes self-harm, hate speech, or discrimination.
  • Engage in Cheating or Hacking: You must not engage in any fraudulent or disruptive activities. This includes attempting to cheat in games, hack or manipulate the Platform or its code, deploy malware or viruses, perform data mining or scraping, pirate our content, or otherwise interfere with the operation of the Services. You also agree not to bypass any content protections or access systems you do not have permission to use.
  • Violate Laws or Regulations: You may not use the Services for any unlawful purpose or in furtherance of illegal activities. All users must comply with all applicable local, national, and international laws and regulations while using WhizToonz. For example, you must not attempt to solicit personal information from children in violation of privacy laws, or engage in any activities that would violate anti-bullying/cyber-harassment laws, intellectual property laws, etc.

We reserve the right (but do not assume the obligation) to moderate and review user interactions on the Platform. Any content that you post may be subject to removal or editing by our moderators if it violates these Terms or our community guidelines. We may also suspend or terminate (Section 5) your account for violating the above rules. The Company is not responsible for information or materials that users communicate to each other, and you use the communication features at your own risk. However, if you encounter any content or behavior that breaches these standards, please report it to us so we can take appropriate action.

4. Content Ownership & Licensing

All content provided on the WhizToonz Platform is protected intellectual property. The following terms clarify ownership and your rights to use the content:

  • WhizToonz Content Ownership: Except for any User-Generated Content that might be introduced in the future (see below), all materials on the Platform — including but not limited to animations, videos, graphics, illustrations, characters, stories, text, software, music and sound effects, game designs, and interactive features (collectively, “WhizToonz Content”) — are owned by Oaks Intelligence Limited or its licensors. WhizToonz Content is protected by copyright, trademark, and other intellectual property laws. “WhizToonz” and associated logos or mascots are trademarks/service marks of Oaks Intelligence Limited. All rights are reserved by the Company.
  • Limited License to Users: When you lawfully access the Platform and WhizToonz Content, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the content for your own personal, non-commercial, educational and entertainment use only, and only within the Platform. This means you can view episodes, play games, and interact with activities for your enjoyment. You do not acquire any ownership or intellectual property rights in the content by using the Platform, aside from this personal use license. You agree not to use the content in any manner not expressly permitted by these Terms. If we provide downloadable content or offline features, your use of those will be governed by this same license and any additional terms we provide.
  • Prohibited Uses of Content: You may not copy, reproduce, record, screenshot, download, distribute, publicly display, perform, publish, broadcast, create derivative works from, or otherwise exploit any WhizToonz Content outside of the Platform without our prior written permission. For example, you cannot take videos from the app and upload them to YouTube, or print out images from episodes for resale. Educational use in a classroom setting is permitted only if via the Platform itself (e.g., playing a video in class from a legitimate account). Any unauthorized use of our content is a violation of these Terms and may also infringe our copyrights or other rights. We reserve the right to disable or terminate accounts that engage in infringing activities.
  • Feedback and Ideas: If you choose to send us any suggestions, ideas, feedback, or recommendations regarding the Platform or content (“Feedback”), you agree that such Feedback is provided on a non-confidential basis and you grant us permission to use it freely. We shall be entitled to use and implement any Feedback without compensation or attribution to you, and you waive any claim to any intellectual property rights in such Feedback. This helps us improve our Platform – for example, if you suggest a feature and we develop it, we can do so without owing you royalties.

All rights not expressly granted to you in these Terms are reserved by the Company. Misuse of WhizToonz Content may result in immediate termination of the limited license and your account (Section 5), and could subject you to legal action.

5. Account Suspension & Termination

We hope you enjoy WhizToonz for a long time, but we reserve the right to suspend or terminate accounts to protect our users, our content, and our business. This section explains when and how we might suspend/terminate accounts, and what happens when an account is closed.

5.1 Suspension of Accounts

Suspension is a temporary account hold – the account is disabled for a period of time pending investigation or resolution of an issue. We may suspend your account immediately and without notice if we suspect that: (a) you have violated these Terms or any applicable law; (b) your account has been or may be compromised (e.g., hacked or used by an unauthorized person); or (c) there is other conduct on your account that, in our judgment, poses risk or harm to the Platform or other users. For example, an account engaging in suspected cheating or content piracy might be suspended while we investigate. During suspension, you will not be able to log in or use the Platform, and any current sessions may be terminated. We will notify you (using your registered email or phone, if possible) of the suspension and the reason (unless we are legally or operationally prevented from doing so). 

Investigation & Reinstatement: We will investigate the circumstances leading to suspension. You agree to cooperate if we reach out for more information. If we determine that the issue has been resolved or the suspicion was unfounded, we may reinstate your account and restore full access. If we find a violation of Terms, we may proceed to termination (see below) or take other appropriate actions. We are not responsible for any loss of access or user content during a suspension, and no extension of any content access periods or currency (e.g., if a rented item expired during suspension) will be provided, unless required to mitigate an incorrect suspension.

5.2 Termination by the Company

Termination is a permanent closure of your account. We may terminate or ban your account at our sole discretion if we determine that you have seriously or repeatedly violated these Terms, or for other serious reasons, such as: engaging in piracy or theft of our content, attempting to hack or attack our systems, posting or distributing extremely inappropriate or harmful content, harassment of other users, or other egregious misconduct. Termination means you will lose all access to the Platform and any content or privileges associated with your account (subject to any withdrawal rights in Section 6.3 for convertible currency). In most cases, termination for cause will be immediate and without prior notice. We will inform you of your account termination via email or other contact info you provided, along with (in our discretion) a brief statement of the reason. Terminations are final. If your account is terminated due to your breach of these Terms or unlawful behavior, you are not entitled to any refunds of fees or recovery of unused virtual items (except possibly a cash-out of remaining WhizBits as described later, and only if eligible). We also reserve the right to refuse re-registration or new accounts by you. In serious cases (for example, illegal activities), we may report the incident to appropriate law enforcement or pursue legal action.

Appeals: We understand mistakes or misunderstandings can happen. If you believe your account was wrongfully terminated, you may appeal by contacting us via email (see Section 14: Contact Information) with the subject “Account Termination Appeal” and explaining your case. We may, at our discretion, review the termination decision. However, please be aware that the Company’s decision on termination (and any appeal) is final. We are not obligated to provide detailed evidence or a negotiation process, especially if doing so could compromise our platform’s security or other users’ privacy.

5.3 Voluntary Account Closure by User

You have the right to stop using WhizToonz at any time and may request account closure/deletion. If you wish to delete your account, you should contact our customer support (see Section 14) with a clear request to close your account. For security, we may require you to verify your identity or ownership of the account (for example, by responding to a confirmation email or providing account information). Process: Upon receiving a proper request, we will mark your account for closure. We may guide you through certain steps (for instance, advising you to use up any virtual currency or cancel any pending transactions before closure). Account deletion will typically involve deactivating your login and anonymizing or deleting personal data per our Privacy Policy (subject to the “Data Retention” clause in Section 12.3). Keep in mind that account closure is irreversible – once completed, you will not be able to recover the account or any content linked to it. If you later wish to rejoin, you would need to create a new account.

Effect of User-Initiated Closure: On closing your account, you will lose access to all WhizToonz Content and features that require an account. Any purchased episodes, games, or activities tied to your account will become inaccessible (we do not provide offline copies). Any virtual currencies or rewards (WhizBits, Gold Coins, etc.) remaining on the account at closure will be handled as described in Section 5.4 below (generally, they are forfeited if not used or eligible for withdrawal prior to closure). We strongly recommend that before requesting closure, you: (a) spend any remaining Gold Coins on fun power-ups, (b) use any WhizBits to unlock content you want to experience, or if you prefer, (c) withdraw eligible WhizBits to real money (if you have a substantial balance and prefer a payout, see Section 6.3 for conditions). Once the account is closed, we cannot recover or reimburse unused digital items except as provided below or required by law.

5.4 Effect of Account Termination or Closure (Consequences)

Whether an account is terminated by us or closed at your request, certain consequences will apply:

  • Loss of Access: Upon termination or closure, your license to use the Platform and any WhizToonz Content ends immediately. You must cease any further use of the Services. You will no longer be able to log in with your credentials, and any data or content associated with your account (profile information, progress, preferences, etc.) will typically be disabled or deleted (subject to data retention policies in Section 9.2 and 12.3). You understand that you will lose access to all purchased or earned content once your account is gone. For example, if you unlocked certain episodes or games with WhizBits, you will not be able to view or play them after termination, nor will you be refunded the WhizBits spent.
  • Virtual Currency Balances: If your account had a balance of WhizBits at the time of termination/closure, you may be eligible to withdraw those WhizBits into real currency (since WhizBits are convertible) within a short grace period. Specifically, we offer a 7-day window from the date of account termination/closure during which you (or a parent/guardian for a minor’s account) can request a payout of remaining WhizBits (this must be done by contacting us through email). The withdrawal will be processed according to Section 6.3, including the deduction of the 5% processing fee on the amount withdrawn. After 7 days, any remaining WhizBits in a terminated account will be permanently forfeited and will not be recoverable or refundable.
    • Exception: If your account was terminated by us for a serious violation of these Terms or for fraudulent/illegal conduct, the Company reserves the right to disallow any withdrawal of remaining WhizBits. In such cases, the virtual currency may be deemed forfeited immediately upon termination, especially if it was acquired through wrongful means or if required by law or legal process. We will communicate to you if we are denying a withdrawal request for this reason. (For example, an account banned for fraud might not receive a payout to prevent rewarding bad actors.)
  • Gold Coins and Non-Convertible Items: Any balance of Gold Coins (or similar non-withdrawable virtual currency) in your account at termination/closure is forfeited. Gold Coins cannot be redeemed for cash value (Section 6.2), so we cannot provide any payout or refund for them. Likewise, any non-monetary, in-app items, achievements, or progress will be lost and are not recoverable. We do not provide cash or credit refunds for virtual goods or levels earned. This is a standard condition for virtual goods in online services.
  • Outstanding Transactions: If at the time of termination or closure you have any pending transactions (for example, a payment in process or a dispute in progress), we may handle those on a case-by-case basis. We might refund a payment that was charged but not fully applied to your account, or we may conclude any open dispute with a third-party payment provider. We will not charge you new fees after termination except for fees already incurred (such as the 5% withdrawal fee if you cash out WhizBits, or any chargebacks).
  • No Re-registration after Termination: If we terminated your account due to misconduct, you are prohibited from creating a new account without our express permission. We may employ technical measures to prevent banned users from returning. If you were terminated in error and later reinstated, we might reactivate your old account or invite you to register again.
  • Survival of Terms: Any provision of these Terms which by its nature should survive termination (for example, our rights regarding content you submitted, your indemnification obligations, disclaimers of warranties, limitations of liability, and governing law provisions) will continue to apply even after your account is gone.

6. Virtual Currencies & Transactions

WhizToonz uses virtual in-platform currencies for certain transactions. By using or purchasing these virtual currencies, you agree to the following terms, which outline how they work, how they can be used, and any conversion rights or limitations. Please note: Virtual currencies have no value outside the Platform and are not real money, though one of them (WhizBits) can be converted to real money under specific conditions.

6.1 WhizBits  – Primary Currency for Content

WhizBits are the primary virtual currency on WhizToonz, used to unlock premium content like animated episodes, games, and special activities. Here’s what you need to know:

  • Purchasing WhizBits: You can obtain WhizBits by purchasing them with real money through the Platform’s payment interfaces (using our approved payment processors). WhizBits are sold in bundles/packages – for example, you might buy a small pack or a larger pack, with larger packs often granting bonus WhizBits (volume discounts). Prices for WhizBits bundles will be clearly shown at purchase.
  • Earning WhizBits: In some cases, WhizBits might be earned through promotions or rewarded for certain actions (for instance, watching advertisements on the Toonz side as described in Section 7, or participating in events). These promotional WhizBits are treated the same as purchased ones in your account balance.
  • Using WhizBits: You spend WhizBits within the Platform to unlock content. When you spend WhizBits to unlock content, that content becomes accessible to your account (typically with no time limit, unless specified otherwise for a particular item). The Platform will deduct the appropriate WhizBits amount from your balance at the time of transaction.
  • No Expiration (While Active): WhizBits in your account do not expire as long as your account remains active and in good standing. However, if your account is terminated or dormant for an extended period, we reserve the right to treat unused WhizBits as forfeited or subject to maintenance fees as allowed by law. We will notify you of any policy change regarding inactive account balances.
  • Not a Legal Currency: WhizBits are not real money, but for regulatory and legal purposes they might be considered a prepaid, limited license for digital goods. Ownership of WhizBits remains with the Company; you have a license to use them for transactions within the Platform. You cannot use WhizBits outside of WhizToonz or for other services.

6.2 Gold Coins  – Secondary Currency for Power-ups

Gold Coins are another type of in-platform currency, distinct from WhizBits:

  • Purpose: Gold Coins are primarily used to obtain power-ups, boosters, or cosmetic items within games and activities on WhizToonz. For example, a game might allow you to spend Gold Coins for a temporary ability boost or to customize your avatar. Gold Coins enhance gameplay but are not used to unlock main content episodes (that’s what WhizBits are for).
  • Obtaining Gold Coins: Gold Coins may be earned as rewards (for instance, by achieving certain milestones in a game, as daily login bonuses, or as rewards for watching optional ads as described in Section 7). In some cases, Gold Coins might also be sold in the in-app store for real money, or included as a bonus when purchasing WhizBits bundles. The Platform will indicate how Gold Coins can be acquired.
  • Use and Limitations: You can spend Gold Coins only within the WhizToonz Platform for the designated purposes (power-ups, etc.). Gold Coins have no cash value and cannot be converted to real currency. They are non-refundable and non-transferable. This means once you purchase or earn Gold Coins, the only thing you can do with them is use them in the game; you cannot get a refund for them in money or exchange them with other users.
  • No Withdrawal: Unlike WhizBits, Gold Coins cannot be withdrawn or cashed out. They are a use-it-or-lose-it virtual item. Any Gold Coins remaining in your balance will remain until used, or until they expire (if we ever implement an expiration for inactivity) or your account is terminated (at which point they are forfeited). We do not provide compensation for unused Gold Coins.
  • Adjustments: We reserve the right to adjust the earning rates, prices, or usage rules for Gold Coins as needed for game balance or other reasons. We’ll try to notify users if any significant change will impact existing balances. We won’t, however, arbitrarily take away Gold Coins you’ve already acquired except as permitted under these Terms (e.g., for fraud or if required by law).

6.3 Conversion & Payouts (WhizBits to Real Money)

One unique feature of WhizToonz is that WhizBits can be converted back into real money, subject to certain conditions. This section explains the payout process and its limitations:

  • Eligibility for Conversion: Conversion (or “payout”) of WhizBits to real currency is designed to reward users who may have earned WhizBits  and wish to cash out, or who decide to leave the platform and have unused WhizBits. Not all users in all regions may be eligible – there may be minimum balance requirements or geographic restrictions based on financial regulations. We will clearly communicate in the app or website if conversion is available to you. 
  • Withdrawal Process: To withdraw WhizBits, you will need to initiate a payout request through the Platform (or by contacting support). We will provide a mechanism to convert WhizBits into a specified real-world currency at a fixed exchange rate which we will set and publish. The exchange rate may reflect the purchase price of WhizBits. The exact rate and any minimum withdrawal amount will be disclosed at the time of your request.
  • 5% Withdrawal Fee: All WhizBits payouts are subject to a five percent (5%) processing fee on the amount of real money being withdrawn. This fee covers payment processor fees and administrative costs. For example, if you are withdrawing the equivalent of $100 worth of WhizBits, a fee of $5 will be deducted, and you will receive $95. The fee is calculated and shown to you before you confirm the withdrawal. By proceeding, you agree to this fee. 
  • Payment Method: Payouts will be made via the original payment method you have on file (if supported for refunds) or via an alternative method we support. We may require you to provide additional information to process the payout (such as payment account details or identity verification documents) especially for larger sums, to comply with anti-fraud and anti-money laundering regulations. Payouts will be processed in a reasonable time frame but delays may occur depending on banking systems.
  • Regulatory Compliance: The WhizBits payout feature is subject to financial and legal regulations. We may require you to be at least 18 years old (or have parental assistance) to withdraw funds. We reserve the right to refuse or report a withdrawal request if we suspect fraudulent activity, money laundering, or violation of any law. By requesting a payout, you confirm that the WhizBits were earned or obtained in compliance with these Terms and that you are entitled to withdraw them.
  • Withdrawal Limits: We may impose limits such as a minimum withdrawal amount) or a maximum withdrawal frequency. These limits will be communicated in the withdrawal interface. We also note that any app store policies (for mobile app versions) might restrict or influence our ability to offer payouts. We will always operate within those rules, and if for any reason we cannot honor a payout through the original app platform, we will find an alternative route or make it clear to users.
  • No Gold Coins Conversion: To reiterate, Gold Coins cannot be converted or withdrawn. Any attempt to convert Gold Coins is void. Only WhizBits have the special conversion feature.
  • Account Termination Scenario: Refer to Section 5.4 for how payouts are handled if your account is terminated or closed. In short, you have a 7-day window to request a payout of WhizBits after account termination (unless you were banned for cause, in which case we might not allow it). If you don’t request in time, the opportunity lapses and your balance is forfeited.
  • Currency Fluctuations and Changes: WhizBits are not a cryptocurrency or investment, and their value is fixed in the context of our Platform (we control their conversion rate). However, we reserve the right to adjust the conversion rate or the economics of the Platform at any time (for example, if required by economic conditions or regulation). We will notify users of any significant changes to the WhizBits system. You acknowledge that no expectation of profits is conferred by holding WhizBits; they are meant for entertainment purchases, and the conversion feature is a bonus feature that could be modified or discontinued if necessary (we would provide notice if we plan to end or pause the payout program).

6.4 Refunds

All purchases on WhizToonz are generally final. This applies to purchases of WhizBits, Gold Coins, or direct content purchases (if any). Once you have made a payment and your account has been credited with the virtual currency or the content access, we do not offer refunds or returns, except in the limited cases described below or as required by law.

  • Erroneous or Duplicate Transactions: If you believe that you were charged in error, you should contact our customer support as soon as possible (and in any event, within 14 days of the purchase). Provide all relevant details (account info, transaction ID, date, amount, and what went wrong). We will investigate the claim. If we find that the error is valid (e.g., a payment went through but you didn’t get credit, or a bug caused a duplicate charge), we will issue a refund or credit to rectify the situation. The choice of refund vs. credit (e.g., giving you WhizBits vs. money back) may depend on the circumstances and platform (some app stores require refunds to be processed through them, for instance). We will act in good faith to ensure you aren’t out-of-pocket for an error that’s on our side.
  • Unauthorized Purchases: If you suspect someone (for example, a child or a third party) made purchases on your account without permission, notify us immediately. Depending on the facts, we might work with you to refund those or not. Keep in mind that protecting your account with secure credentials is your responsibility; however, we do understand scenarios like children accidentally making in-app purchases. We reserve the right to refund in our discretion in such cases, possibly deducting used content or currency from the account. Repeated instances of claimed unauthorized purchases might result in account suspension for security.
  • No Refund for Change of Mind: If you buy WhizBits or Gold Coins and then simply change your mind, or if you have leftover currency that you decide you don’t want to use, we will not be able to refund those. Similarly, if you unlock an episode or game with WhizBits, watch/play it, and then decide you didn’t enjoy it, we will not refund the WhizBits spent (think of it like buying a movie ticket – if you didn’t like the movie, the theater doesn’t typically refund the ticket). All content is provided “as is” (see Section 13 on Warranties Disclaimer).
  • Platform-Specific Refund Rights: If you downloaded WhizToonz via a mobile app store or other platform, note that any statutory refund rights or platform-specific guarantees will still apply. For example, some jurisdictions provide a short “cooling-off” period for digital purchases or the right to refunds if certain conditions are met. We will, of course, comply with any such laws. Additionally, the Apple App Store, Google Play, or others might handle refunds under their policies for in-app purchases. In some cases, you may need to request a refund through those channels and we’ll abide by their decisions.
  • Refund of Real Currency vs. Virtual: If a refund is approved for a purchase of WhizBits that you have not used, we will likely remove the corresponding WhizBits from your account (or invalidate any content that was unlocked using them) when issuing the refund, to prevent double-dipping. Refunds will generally be made to the original payment method. We cannot issue refunds in cash or check for purchases made by credit card or app store; it has to go back via the same route, due to how payment processing works.
  • Chargebacks: Initiating a chargeback or payment dispute with your bank/card for a legitimate charge may be considered a violation of these Terms (if the charge was not in error). We urge you to contact us first to resolve any billing issues. Fraudulent chargebacks might lead to account suspension or termination. We keep records of transactions and will contest unjustified chargebacks.

Other than the scenarios above, all sales are final. Please purchase responsibly. If you have questions about a charge or aren’t sure about buying, contact us or review these Terms before completing your purchase. We want you to be happy with your experience, and while we stand by a no-refund policy as a rule (because digital goods can’t truly be “returned”), we will always listen to user concerns and do our best to be fair within the confines of these Terms.

7. Advertisements & Rewards

WhizToonz’s approach to advertisements is mindful of our young audience while also providing opportunities for older users to earn rewards. This section describes how and where ads may appear, and what rewards you might gain from them:

  • No Ads for Kiddiez (Under 13): The WhizToonz Kiddiez platform (for ages 5–12) is intended to be ad-free. We do not serve third-party advertisements to child users. This means you should not see commercial banner ads, video ads, or any sponsored content while using a Kiddiez account. We believe this is important for compliance with children’s privacy regulations and to maintain a safe environment for kids. (There may be internal promotional messages about WhizToonz content itself, but no external ads.)
  • Ads on Toonz (13+): Users on the WhizToonz Toonz platform (typically 13 and older) may encounter advertisements. These could be in the form of short video ads, banners, or offers displayed during the use of the Platform. We will endeavor to ensure that ads are family-friendly and relevant, but they are provided by third-party advertising networks. For example, you might have the option to watch a 30-second ad in exchange for some free WhizBits or Gold Coins (an “ad reward” system). All advertisements will comply with our content standards (no inappropriate content), and we will not knowingly allow ads that are overly aggressive or misleading. However, we do not control every aspect of third-party ad content , so if you see an ad that you find objectionable, please report it to us with details.
  • User Rewards for Ads: In some cases, you can earn in-platform rewards by choosing to watch ads. For instance, a Toonz user might be offered “Watch this ad to earn 10 Gold Coins” or “Watch an ad to get 20 WhizBits.” These opportunities are optional. If you choose to participate, the ad will play and the reward will be credited to your account upon completion. We may cap the number of ad rewards per user per day to prevent abuse or overexposure. If an ad fails to load or complete, you might not receive the reward; we aren’t obligated to credit it manually, though we try to ensure the system works smoothly. Ad rewards are a promotional feature and could change or be discontinued at any time.
  • No Endorsement of Third-Party Ads: If the Platform displays ads for third-party products or services, such display is not an endorsement or recommendation by WhizToonz or Oaks Intelligence Limited. We do not vouch for the advertiser or their offerings. Any interactions or transactions you have with advertisers (for example, clicking an ad and buying something on an external site) are solely between you and that third party . The Company is not responsible for anything that happens outside of our Platform, even if you learned about it through an ad on our Platform. Be cautious and use your judgment when dealing with external sites or offers.
  • Advertising and Privacy: We value user privacy, especially for children. We do not share personal data of Kiddiez users with advertisers. For Toonz users, advertising may be contextual or generic (based on non-personal criteria). We do not provide your personal information to advertisers without your consent. Please see our Privacy Policy for more about how we handle data in relation to ads. We comply with advertising regulations and, for example, we do not engage in behavioral targeting of ads to known children. If any tailored advertising occurs for older users, it would be in line with applicable privacy laws and with appropriate consent.
  • Third-Party Content: Some ads might be interactive or might take you to third-party websites or app stores. Remember that our Terms and Privacy Policy do not apply once you leave our Platform. If you go to an external site or download a third-party app, their terms will govern. We cannot control the content or security of other sites. We advise that you (and especially minors with their parents) exercise caution. We also encourage parents to discuss advertising with their teens.

In summary, WhizToonz tries to create a balanced ecosystem: ad-free for kids, and ad-supported (with rewards) for teens/adults. We are not responsible for third-party ads or their promises. If you ever have a concern about an ad on our Platform, let us know and we’ll investigate if it violates our standards or agreements with ad providers.

8. Data Protection & Privacy

We take the privacy of our users seriously, especially since many of our users are children. This section provides an overview of our data practices. (For full details, please refer to our Privacy Policy document, which is hereby incorporated by reference.) By using WhizToonz, you acknowledge that your personal information will be handled as described in these Terms and our Privacy Policy, in compliance with relevant data protection laws.

8.1 Information Collected

When you register for or use WhizToonz, we collect certain personal information:

  • Required at Sign-Up: We ask for a parent’s or user’s email address or phone number for account creation and login purposes. We also collect your age or date of birth (to ensure you are placed in the correct platform version – Kiddiez vs. Toonz – and to handle age-specific protections). You may be asked to provide your country or region, so we can customize content and ensure compliance with local requirements.
  • Profile Information: You have the option to provide a display name or nickname (which need not be your real name) and, if desired, a profile avatar or picture. Providing your real name is not mandatory, and we generally advise children not to use their full real names in the app for safety. Any profile picture or avatar you upload should not contain personally identifying imagery of a child (to protect their privacy) or any inappropriate content. We do not ask for or require sensitive personal details like home address, social security number, or school name. In fact, please do not provide sensitive personal information on your profile or through any communications on the Platform.
  • Automatically Collected Data: Like most online services, we and our third-party analytics providers may collect certain technical data automatically when you use the Platform. This includes device information (e.g., device type, operating system, app version), usage data (features used, pages viewed, content played, in-game progress, etc.), and other diagnostics. This data helps us improve the service and troubleshoot issues. It’s generally aggregated and not used to identify you personally, except insofar as it may be linked to your user account for personalizing your experience or providing support. We do not collect precise geolocation data (beyond coarse info like country, based on IP address), nor do we collect biometric identifiers or anything of that nature.
  • Children’s Data: For users under 13 (or the age as defined by child privacy laws in your region), we follow the principle of data minimization. We collect only what is reasonably necessary for the child to participate in the app. Typically this is a username, age, and parent contact info. We do not ask kids to provide personal contact info or publicly share personal details. We encourage parents to be involved in the registration process for children and to use a parent’s email for the account contact.
  • No Special Categories: We do not intentionally collect any “special categories” of personal data such as information about race, ethnicity, health, biometrics, political opinions, or religious beliefs. Please refrain from sharing such information on the Platform. If you do (for example, a user writes something about themselves in a comment), that is at your discretion, but we may moderate/remove it to protect privacy.

9.2 Data Storage

  • Storage Location: User data (including personal information and content progress) is stored securely in our databases. We currently utilize MongoDB Atlas (cloud database service) hosted in the East US region for data storage. This means your data may be transferred to and processed on servers located in the United States. We chose a reputable hosting provider with strong security measures. However, by using the Platform, you acknowledge that your data may be stored outside your home country, and you consent to any such cross-border data transfer in accordance with applicable data protection laws. We will apply appropriate safeguards (like standard contractual clauses or equivalents) for data of EU/UK users transferred internationally.
  • Security Measures: We employ administrative, technical, and physical safeguards to protect personal data against unauthorized access or disclosure. This includes encryption of data in transit, secure credential storage (passwords are hashed), regular security audits, and restricted access to databases. However, no system can be 100% secure. You also play a role in security by keeping your login credentials confidential (see Section 2.4).
  • Retention and Deletion (Soft Delete Policy): WhizToonz operates with a “soft delete” policy for account data. This means that when you or we delete or deactivate your account, the data is not immediately and permanently erased from all systems. Instead, we mark it as inactive and remove it from active user access. Your profile may no longer be visible to others, and you will not be able to log in. However, the underlying information might still reside in our archives or backups. We retain data for as long as it is deemed necessary for our legitimate business purposes or as required by law. For instance, we might keep data to be able to restore an account if needed, or to have records in case of a dispute. Additionally, certain data (like purchase records or payout records) must be kept for financial and auditing obligations. We will periodically purge data that is no longer needed. If required by law (for example, under GDPR’s right to erasure or certain US state laws), we will permanently delete or anonymize personal data upon verified request, except for information we are obligated to keep. Our soft delete approach is intended to protect against accidental loss and to comply with obligations, but we acknowledge it may not fully meet the stringent “right to be forgotten” criteria in some jurisdictions (see Section 12.3 on Risk & Liability regarding this). If you have a specific deletion request, please contact us and we will handle it in accordance with applicable law.

9.3 Payment Data

  • Third-Party Payment Processors: All payments made for WhizToonz (such as purchasing WhizBits bundles or other transactions) are handled through trusted third-party payment processors, not by WhizToonz directly. We currently use providers like Stripe and Paystack  for secure payment processing. When you enter your credit card or other payment details, that information is sent directly to the payment processor over encrypted connections; we do not see or store your full financial account numbers on our servers. For example, Stripe is a PCI-DSS compliant service that tokenizes card information, meaning we might store a token or ID that represents your card for repeat purchases, but not the card number itself.
  • Limited Information Stored: WhizToonz may store basic transaction information such as the last four digits of your card, the card type (Visa/MC), expiration date, your billing country, and the amount and date of each transaction. This is used for record-keeping, customer support, and to comply with accounting rules. However, this info is not enough to charge your card outside of the third-party system or to steal your identity. Full payment details remain with the payment provider. We also do not store other sensitive info like CVV codes.
  • Use of Payment Info: Payment information is used solely to process transactions you have authorized. We (or our processors) may also use it to detect and prevent fraud. For instance, they may check if a card is being used from an unusual location and decline it for security. We abide by our processors’ terms and all applicable laws (such as not storing card data in plaintext, etc.).
  • No Liability for Processor Actions: While we select reputable payment processors, we do not control their systems. Any issues or data breaches on the payment processor’s side are outside of WhizToonz’s control, though we would coordinate with them to inform users and take necessary actions if such an event occurred. By making a purchase, you also agree to the payment processor’s terms of service and privacy policy, which will be presented to you during the transaction flow.
  • Parental Consent for Payments: For Kiddiez accounts, any purchases (like a parent buying WhizBits for a child) should be made by the parent or with the parent’s approval. We do not knowingly solicit credit card or other payment info directly from children. If a child attempts to make a purchase, we expect the parent to be involved to complete the transaction (for example, through parental controls or requiring a password). If unauthorized payments occur by minors, see Section 6.4 on how we handle such refund requests.

9.4 Cookies & Tracking

  • No Cookies (for now): At present, the WhizToonz Platform does not use traditional cookies for web since our primary interface is likely a mobile app or controlled environment. If you are using a web browser version, we are not dropping tracking cookies on your browser. We also do not use third-party analytics scripts that employ cookies. This could change in the future if we launch a fuller web experience or need to gather usage analytics.
  • Equivalent Technologies: The mobile app may use local storage or similar mechanisms to save user preferences (like volume level, last episode watched, etc.), but this stays on your device. We aren’t tracking you across other apps or sites.
  • Notification of Changes: If we decide to implement cookies or any user-tracking technologies, we will update our Privacy Policy. We believe in transparency about any tracking.
  • Do Not Track: Since we do not have cross-site tracking currently, any “Do Not Track” signals from browsers are moot. But if that changes, we will honor such preferences in accordance with relevant laws like CCPA or others.

9.5 Compliance with Data Protection Laws

We strive to comply with all applicable data protection and privacy laws in the jurisdictions in which we operate or where our users are located. Key laws and regulations we adhere to include:

  • GDPR (European Union): The EU General Data Protection Regulation (Regulation (EU) 2016/679) imposes strict requirements on how we collect, use, and protect personal data of individuals in the EU. If you are in the EU (or EEA, or UK under similar law), you have specific rights such as the right to access your data, correct it, delete it, restrict processing, and object to certain uses. WhizToonz complies with GDPR principles of lawfulness, transparency, minimization, etc. We have a legal basis for the processing we do (for children, typically consent from a parent; for necessary service operations, our legitimate interest, etc.). We also adhere to GDPR’s requirements for obtaining parental consent for users under 16 in the EU (or lower age as each member state sets, but not below 13). UK GDPR / Data Protection Act 2018: Similarly, for users in the United Kingdom, which has adopted laws mirroring GDPR, we comply with the UK data protection regime.
  • COPPA (United States): The U.S. Children’s Online Privacy Protection Act (COPPA) sets rules for online services directed to children under 13 regarding data collection and parental consent . WhizToonz Kiddiez is designed with COPPA in mind. We do not collect more personal info from children than permitted, and we either obtain verifiable parental consent or meet a COPPA exception (such as using a parent’s email for communication and getting consent). We also allow parents to review and delete their children’s information. We do not use children’s personal info for marketing or share it with third parties (except as allowed by law for internal operation of the service).
  • NDPR / NDPA (Nigeria): We acknowledge and comply with Nigeria’s data protection regulations, notably the Nigeria Data Protection Regulation 2019 (NDPR) and the new Nigeria Data Protection Act 2023 (NDPA). If we have users in Nigeria or process data there, we follow the requirements such as data processing notifications, data subject rights, etc. The NDPA 2023 strengthens privacy rights and we are aligning our practices with its provisions.
  • Other Jurisdictions: WhizToonz is a global service. We also strive to respect other data privacy laws such as the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) in the USA, and any relevant laws in Canada, Australia, and elsewhere. We conduct our data practices under the principle of protecting user privacy universally, even if specific local laws may not strictly apply to us. For example, even if not all countries have a “right to be forgotten,” we will consider deletion requests from any user seriously. We also follow applicable data breach notification laws – if an incident occurs that compromises personal data, we will notify affected users and regulators as required by law.

In essence, WhizToonz is committed to user privacy and data protection compliance across all regions. We encourage you to read our full Privacy Policy for comprehensive details, and you may contact us with any privacy-related questions (see Contact Information). By using the service, you agree to the data practices described, and where consent is required (for processing children’s data, for optional data uses, etc.), you will be asked for that consent in a clear manner.

10. Dispute Resolution

We sincerely hope that you have a problem-free experience with WhizToonz. However, if issues do arise, this section describes how disputes will be handled between you and the Company. Please read this section carefully, as it impacts your rights.

  • Internal Resolution First: If you have any concerns, complaints, or disputes regarding the Platform or our services (for example, you believe there was an error in charging your account, or you have a complaint about another user, or you feel we violated these Terms), we encourage you to contact us first to attempt an informal resolution. You can reach us via the contact email provided in Section 14 (e.g., support or legal contact). Provide as much detail as possible about your issue. We will attempt to respond and resolve the matter in a timely and fair manner. Many disputes can be solved through our customer support without formal procedures.
  • Appeals Process: For certain decisions we make — such as content moderation, account suspension/termination, or payout disputes — we may have a more formal appeals process (as mentioned in relevant sections like 5.2). Follow the instructions given for appeals (usually contacting via email with an “Appeal” subject and details). Our team not involved in the initial decision will review the matter when possible. While we cannot guarantee a reversal of a decision, we promise to consider your arguments in good faith.
  • No Arbitration (at this time): We currently do not mandate arbitration or any specific alternative dispute resolution for disputes. That means you or we can choose to resolve disputes through the courts (see Governing Law & Jurisdiction in Section 13) if it comes to that. We have not implemented a binding arbitration clause or a class-action waiver in these Terms for the time being (though we reserve the right to introduce such clauses in future updates, which would then apply prospectively with notice to you). Binding arbitration is not required as of now.
  • Jurisdiction and Venue: If a dispute cannot be resolved informally and leads to legal action, it will be subject to the governing law and jurisdiction indicated in Section 13 of these Terms. In general, unless otherwise required by local law, disputes will be resolved in the courts of the Company’s domicile. By agreeing to these Terms, you consent to the jurisdiction of those courts for such disputes.
  • Injunctive Relief: Notwithstanding the foregoing processes, the Company reserves the right to seek injunctive or equitable relief in a court of competent jurisdiction if you have violated or threatened to violate our intellectual property rights or any provisions of these Terms that may cause irreparable harm to us (since in such cases, monetary damages may not be a sufficient remedy).
  • User Disputes with Others: If you have a dispute with another user (for example, an argument or someone else’s conduct caused you harm), we are not responsible for the other user’s actions. However, you can report the issue to us and we may, at our discretion, help mediate or take actions like suspending the offending account. You release the Company from claims, demands, and damages arising from disputes with other users, per Section 12.4.
  • Record Keeping: In the event of a dispute, both parties should preserve any evidence or records relevant to the issue (emails, screenshots, payment confirmations, etc.). This will aid in resolution. By using the Platform, you agree that our electronic records and data (e.g., logs of activity, records of transactions) are admissible in any dispute resolution proceeding and shall not be objected to on the basis of being in electronic form.
  • Final Decision: The Company will make a good-faith effort to resolve any complaints or disputes that are brought to our attention. If after internal review and communication with you, we provide a final decision or response that you find unsatisfactory, you are free to pursue formal legal remedies. We hope it never comes to that, and we value our community such that we’ll try to be fair and understanding within the boundaries of our Terms.

11. Updates to Terms

From time to time, WhizToonz may need to update or modify these Terms to adapt to new features, changes in the law, or other business needs. It’s important that you are aware of and accept the latest terms under which you use our Platform. 

Past versions of the Terms may be archived by us, and if required by law, we can furnish a copy of previous terms that you accepted. Generally, though, only the current Terms are in effect.

12. Risk & Liability

Using any online platform involves some risks. In this section, we outline various risks and disclaimers related to using WhizToonz, particularly focusing on areas of children’s safety, financial transactions, data retention, and third-party services. We also limit our liability to users, as detailed below. Please read this section to understand the extent of our responsibilities and your assumption of risk when using the Platform.

12.1 Children’s Safety and Parental Responsibility

WhizToonz is designed for children’s education and entertainment, but it is crucial to acknowledge that no online platform is 100% safe without parental involvement. By allowing your child to use WhizToonz, you (the parent/guardian) understand and accept the following:

  • Supervision: WhizToonz Kiddiez (ages 5–12) is intended to be used under parental supervision. The Platform tries to provide age-appropriate content and restrict communications to safe formats, but active parental guidance is irreplaceable. You should regularly monitor your child’s screen time, know what content they are accessing, and with whom (if anyone) they are interacting. If you see anything concerning, intervene and let us know if it violates the rules. We have built-in parental controls and settings – please use them (for instance, if we allow a “parent mode” to review activity).
  • No Guaranteed Parental Consent Mechanism Yet: Our current age verification relies on the honesty of the user and the involvement of a parent’s email for under-13 accounts, which is a “best-effort” compliance with COPPA and similar laws. Risk: This means it’s technically possible for a child to register claiming to be older, or without a parent properly overseeing, thus using the Platform without actual parental consent. We do not knowingly allow this, but it can happen. This poses regulatory and practical risks: such a child might be exposed to features meant for older users (like ads or comment sections) or might share info without a parent’s knowledge. By using the Platform, you acknowledge this limitation and accept that we are working to improve it. You also agree that you will provide verifiable consent when our systems are in place (e.g., link your child’s account to yours) and that you will be responsible for any use of the Platform by your child in the interim.
  • Content Limitations: We strive to keep content kid-friendly. However, in very rare cases, something might slip through that a parent finds objectionable or not suitable for their particular child. For example, maybe an animated story has a scene that a parent feels is too intense. While our content rating aims to avoid this, each child is different. Parents should preview content if concerned and make use of content descriptions we provide. By using WhizToonz, you acknowledge that you are in the best position to judge what is appropriate for your child. We provide tools, but ultimate discretion is yours.
  • External Links: WhizToonz generally does not have external links accessible to kids, but if any exist (say, to our website or an edu resource), there is a risk a child could leave our app and go to the internet at large. We advise using device-level parental controls to restrict web access if unsupervised. We are not responsible for content on the broader internet accessed outside our app.
  • Online Interactions: Although direct chat is disabled for kids and communications are limited to preset phrases, any online interaction carries some risk. Kids might still manage to convey personal info through clever use of game mechanics or might misinterpret messages from others. We do our best to prevent abuse (and as stated, we don’t allow free text chat for kids), but you acknowledge this risk. We cannot guarantee that some user won’t attempt to communicate improperly or that our filters will catch every instance of inappropriate phrasing in preset selections (we curate them, though, so this risk is extremely low).
  • Hold Harmless for Supervision: To the maximum extent permitted by law, the Company will not be liable for any injuries, losses, or damages arising from a child’s use of the Platform where parental supervision was required but not provided, or where a parent failed to enable available safety features. For example, if a child somehow manages to share personal information with a stranger by misuse of a feature (contrary to our rules), and a parent was not supervising as recommended, the parent assumes responsibility. Of course, we still take such incidents seriously and will address them, but we need to make clear that we are not insurers of children’s online behavior – we are partners with parents in fostering a safe experience.

12.2 Currency & Refund Risks

WhizToonz’s innovative model of virtual currency (especially the WhizBits payout feature) comes with certain risks and considerations, particularly financial and regulatory ones. Users engaging in purchasing or cashing out virtual currency should be aware of and accept the following risks:

  • Regulatory Changes: The ability for users to convert WhizBits to real money is a unique feature that could draw regulatory scrutiny. Laws regarding virtual currencies, digital assets, or money transmission can evolve. Risk: If a government or regulator (in any jurisdiction where we operate) imposes new rules that restrict or forbid such payouts, we may have to modify or shut down the payout feature, perhaps on short notice. This could mean that users might not be able to withdraw accumulated WhizBits as planned, especially if, say, a law requires us to first obtain a special license or impose heavy taxation. We will comply with all laws, but users assume the risk that the system’s availability may change due to no fault of ours. We will communicate any such changes promptly.
  • Taxation: Depending on your jurisdiction, converting WhizBits to real money might be considered taxable income or a taxable event. We do not provide tax advice. Risk: You are responsible for reporting and paying any taxes that may arise from your use of the Platform, including any gains from WhizBits payouts. We may be required by law to report payouts or withhold taxes in some cases (for example, if you earn above a certain threshold and are in a jurisdiction that treats it like earnings). We may request tax-related information from you if necessary (like a tax ID for issuance of tax forms in the U.S.). Failure to provide such information might result in withholding or inability to withdraw. By using the payout feature, you acknowledge these possibilities.
  • Currency Fluctuation & Value: WhizBits do not fluctuate like a cryptocurrency – the exchange rate is set by us. However, if your local currency differs from the currency we pay out in (likely USD or local currency based on region), normal foreign exchange fluctuations can affect the real value you receive. Also, we might adjust prices for virtual currencies over time (for instance, if we double the cost of content but also double WhizBits in purchases, effectively the value shifts). Risk: The effective purchasing power or cash-out value of WhizBits could change over time, meaning what 1000 WhizBits gets you today might differ next year. By holding WhizBits, you accept that they are a product of the platform economy, not a guaranteed store of value.
  • No Banking Relationship: WhizBits are not electronic money in the legal sense. We are not a bank or e-money issuer. Funds held as WhizBits do not earn interest. Risk: In the unlikely event of Company insolvency or shutdown, virtual currency balances might not be redeemable. We make no guarantees that virtual currency will be treated as a redeemable balance in scenarios beyond our control (though we would obviously strive to allow users to withdraw if we ever sunset the service). Use or purchase virtual currency only with the understanding that it’s for entertainment, not as an investment or savings.
  • Refund Limitations: As per Section 6.4, purchases are largely non-refundable. Risk: If you purchase a large amount of WhizBits and then change your mind or no longer need them, you won’t be able to get a refund back to your payment card (aside from the payout which charges 5%). Even the payout costs 5%, so that’s a “loss” compared to not having bought them in the first place. Plan your purchases accordingly. Also note, if you violate Terms and are banned, you might lose your virtual currency without refund (again, except possibly WhizBits via payout within 7 days, unless disqualified by misconduct). The risk of forfeiture in such cases lies with you — don’t break the rules especially after investing in the platform.
  • In-App Purchase (Platform Policies): If you are on a mobile app, the purchase of WhizBits likely goes through Apple’s App Store or Google Play billing. Those platforms might have their own refund policies or dispute mechanisms that are outside of our direct control. Risk: If you seek a refund through the app store for a WhizBits purchase (contrary to our Terms which say no refund, but some stores allow it in certain cases), the store might refund you and then charge us back. In such cases, we reserve the right to deduct the equivalent WhizBits from your account (or if already spent, we may suspend the account until the value is restored). This can be messy — so it’s better to follow our support process. If you involve a platform or bank to force a refund, understand it may trigger consequences on your WhizToonz account due to our need to protect against fraud.
  • Service Availability: The value of your purchases assumes ongoing availability of our Platform. Risk: If there are outages, technical failures, or if our Platform is discontinued, the virtual goods could become unusable. We are not liable for downtime or permanent discontinuation beyond what is stated in our Terms. For example, if for technical reasons the service is offline for a day, any time-limited items might expire — we will try to compensate where fair, but the Terms disclaim liability for such loss to the extent permitted. Similarly, if we decide to discontinue WhizToonz (let’s hope not!), we will attempt to allow conversion of WhizBits for a period, but after that, any remaining digital assets would be lost. This is a standard risk of digital-only goods.
  • Fraud and Reversals: If you are paid out WhizBits and then a payment you originally made is reversed (e.g., you bought WhizBits with a stolen card and cashed out), that’s fraud. We will seek to claw back the funds or hold you liable. Risk: We have systems to detect suspicious activities. If you engage in any form of fraudulent behavior, not only will your account be terminated, but you might face legal consequences. On the flip side, if you are a victim of someone else’s fraud (say someone hacked your account and withdrew your WhizBits), let us know immediately; we’ll investigate. You acknowledge we may freeze transactions while investigating to prevent further harm.

By participating in the WhizToonz economy (earning, buying, or withdrawing WhizBits), you acknowledge and accept these risks. The Platform provides a fun way to reward engagement, but it is not a risk-free financial system. We limit our liability in these matters as described in Section 14 (Limitation of Liability) – specifically, we are not liable for indirect or unforeseeable losses like “lost potential earnings” from WhizBits or similar . Use the features wisely and within your means.

12.3 Data Retention & “Right to be Forgotten”

Our data retention practices (particularly the “soft delete” policy mentioned in Section 9.2) carry certain privacy risks or limitations, especially for users in jurisdictions with strong erasure rights like the GDPR. Here’s what you should be aware of:

  • Soft Delete Implications: When you delete your account or request deletion, our default action is to deactivate the account in our production database but keep the data archived. Risk: This means that personal data might still reside in our backups or archives for an indefinite period, even though it’s no longer actively used. In the event of a data breach or unauthorized access to our stored archives, there is a risk (albeit likely small) that data you thought deleted could be exposed. By using WhizToonz, you acknowledge and accept this practice and the associated risk that your data may not be immediately and completely expunged.
  • Right to Erasure (GDPR and similar): Under the EU GDPR and similar laws, users have a right to request deletion of their personal data (the “right to be forgotten”). We have noted that our standard procedure is soft deletion. If you are an EU/UK user or otherwise entitled to strict deletion: You have the right to specifically request full erasure. We will honor such requests to the extent required by law. However, note that some data may be exempt from deletion requests – for instance, if we have to retain transaction records for financial audits, we may anonymize those records rather than delete them, to both satisfy legal retention and your privacy. Risk: If you do not explicitly make a formal erasure request, we will treat data under our general policy. Even after an erasure request, tiny remnants might still exist in backup storage for a time until those backups cycle out, though we will take steps to securely delete or overwrite them when feasible.
  • User Requests: We encourage users who have privacy concerns to reach out. If you want your data fully deleted, ask and we will do our best to accommodate (again, subject to needing certain info by law). We might need to verify your identity for such requests. Risk: If you request deletion and we comply, you will permanently lose your account and any purchases/content associated with it (no refunds or recovery in such cases). Ensure you truly want deletion when you request it. We can also discuss alternative solutions like data minimization (removing some data but keeping account active) if that solves your concern.
  • Backups and Disaster Recovery: We maintain backups to ensure the integrity of our service. Those backups are typically encrypted and secured. But a side effect is, as mentioned, data lingers. Risk: While unlikely, a possibility exists that someone with sufficient skill could breach our backups. In such a scenario, even data from “deleted” accounts might be at risk if not yet pruned. We reiterate that we use strong security practices to prevent this. In case of any significant data breach, we will notify affected users and authorities as required (see compliance above).
  • Mismatch with User Expectations: We want to set expectations clearly: if you delete something (like remove a profile detail, or close your account), you might reasonably expect that data is gone forever. With soft delete, it’s gone from the user interface, but not our entire infrastructure immediately. Risk: If you were expecting a total wipe, you might feel misled. That’s why we are clarifying it here. We prefer transparency over giving a false sense of security. We believe our approach balances user experience (quick reactivation if needed, ability to investigate abuse even after deletion, etc.) with privacy. But it’s not a perfect alignment with the strongest privacy stance of absolute erasure.
  • Legal Conflicts: In some jurisdictions, failing to fully delete data upon request could lead to legal penalties. We assert that we keep data only as long as necessary and for legitimate purposes, which is allowed by laws like GDPR to some extent, even after a request. But there’s a judgment call. Risk: If a regulator disagrees with our retention, they might fine us or order deletion. If that happens, we will comply and permanently erase relevant data. You as a user likely wouldn’t be directly affected beyond what you already experience (your account already being gone), but it’s worth noting that data handling laws are complex and evolving.

In conclusion, while we employ a “soft delete” for practical reasons, we acknowledge it’s not the same as a “hard delete.” If you have a strong preference or legal right for hard deletion, communicate with us and we will honor it to the extent required. By using WhizToonz, you accept that your data might not be immediately vaporized upon account deletion, and you agree that this approach is acceptable for your use of the Platform, except where you exercise your legal rights otherwise.

12.4 Third-Party Services & Ads – Disclaimer of Liability

WhizToonz integrates with or depends on certain third-party services (for example, payment processors like Stripe/Paystack, advertisement networks, maybe login via Google/Apple, etc.). Additionally, third-party content (ads, links) may appear for users 13+. It’s important to understand that we cannot control these external entities, and therefore we cannot accept liability for their actions or content. Here are the relevant points and risks:

  • External Websites/Links: If the Platform or any user-generated content on it contains links to third-party websites or services, those links are provided for convenience or as part of an ad. WhizToonz does not endorse and is not responsible for third-party sites or services. When you click an external link, you will be leaving our Platform, and the destination site’s terms and privacy policy will apply. Risk: Those sites could potentially be harmful (though we wouldn’t knowingly allow a link to a malicious site, one could become compromised after we initially check it, for example). They could also have different practices (like collecting your data or requiring sign-up). We disclaim liability for any loss or damage incurred by you as a result of visiting or using any third-party sites or services. This includes if you download something from them (like an external educational game) and it causes issues, or you give them personal info that they misuse.
  • Advertisements: As covered in Section 7, ads on WhizToonz Toonz are supplied by third-party ad networks. We do not create these ads (except maybe our own cross-promotions). Therefore, we cannot guarantee that every ad will be safe or accurate. Risk: An ad might make a false promise or lead to a product that is unsatisfactory. It might also inadvertently show content that someone finds inappropriate (though we contractually require kid-friendly content, mistakes happen). By using the Platform, you release us from liability for any issues arising from advertisements. If an ad deceives you and you lose money buying something from it, your claim is with that advertiser, not with WhizToonz. We do not compensate users for third-party ad dealings. However, we do want to know if an ad is problematic, so we can address it with the ad network. We will assist in removing bad ads, but we won’t pay for the damages they caused, to the extent permitted by law.
  • Payment Processors: We use third-party payment gateways to handle transactions. While we pick reputable providers, we don’t control their systems. Risk: If a payment processor has an outage or error, you might not be able to make purchases or you might be double-charged. We will work to resolve such issues (for example, by refunding a duplicate charge as per Section 6.4), but we are not liable for the underlying technical failures of a third-party service. Also, if a processor suffers a data breach that exposes your payment info, that’s on the processor’s security. We will support users in such events but legally, we likely aren’t the entity at fault (besides maybe for choosing them). By using our Platform, you acknowledge that our liability for payment processing issues is limited.

Summary of Disclaimer: To the fullest extent allowed by law, Oaks Intelligence Ltd (WhizToonz) disclaims any and all responsibility or liability for the acts, omissions, content, services, or failures of any third parties that you may encounter through our Platform. This includes advertisers, payment providers, login/authentication providers, content partners, or other users. We do not guarantee any third party will meet your expectations or comply with their own promises or legal obligations. Any dealings you have with third parties are at your own risk, and you agree that you will not hold us liable for any loss or damage of any sort incurred as a result of such dealings.

13. Governing Law & Jurisdiction

Because WhizToonz is a global service, it’s important to establish which laws govern this Agreement and where disputes will be resolved. Having a uniform governing law helps ensure consistency in interpretation of these Terms. This section identifies the governing law and forum for legal disputes, subject to certain international considerations:

  • Governing Law: This Agreement (Terms of Use), and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the laws of the jurisdiction where Oaks Intelligence Limited is registeredwithout regard to its conflict of laws principles. Currently, Oaks Intelligence Limited is registered in England (United Kingdom), so we designate the laws of England and Wales as the governing law. This choice of law means that, to the extent any part of these Terms needs to be interpreted by a court or arbitrator, or if there is a legal dispute, the rules and statutes of England and Wales will apply, except to the extent overridden by other mandatory laws (more on that below).
  • Jurisdiction and Venue: Subject to any arbitration clause (note: as of now, we have 

14. Contact Information

If you have any questions, concerns, feedback, or need assistance regarding these Terms or any aspect of the WhizToonz Platform, please feel free to reach out to us. Below is our official contact information:

  • Company Name: Oaks Intelligence Limited (Operator of WhizToonz)
  • Registered Office Address: 20 Foxborough Gardens, Bradley Stoke, Bristol, England, BS32 0BT. 
  • Email Contact: For general inquiries or support, you can email us at support@whiztoonz.com (if you have a question about your account, billing, or need technical help). For legal or privacy-related matters, you may use legal@whiztoonz.com or privacy@whiztoonz.com
  • Company Registration Details: Oaks Intelligence Limited is a registered company in England and Wales. Company Number: 14560141. You can verify our company status via Companies House records. We mention this for transparency and to help you identify us in official contexts.
  • Contact for Data/Privacy Requests: If you have questions specifically about personal data, or wish to exercise any of your data subject rights (access, deletion, etc.), please contact us at privacy@whiztoonz.com. You can also write to the postal address with Attn: Data Protection Officer or Privacy Team. We may provide a web form in the future for such requests.
  • Reporting Abuse or Violations: To report another user’s misconduct, content violations, or any abuse on the Platform, please email abuse@whiztoonz.com or use the in-app “Report” feature where available. Provide details like usernames, screenshots, and description of the issue so we can investigate promptly.
  • Time and Days of Operation: Our support team typically operates Monday–Friday, 9am–5pm GMT excluding public holidays. We appreciate your patience if contacting us outside of these times.