Kidgy: Find my Friends & Family Phone End User License Agreement
Please carefully read this End User License Agreement (“EULA”) prior to
purchasing or using the Kidgy: Find my Friends & Family Phone Application Licensed Software (hereinafter –
Application/Licensed Software).
By purchasing or using the Licensed Software, you agree to adhere to the
terms of this EULA.
If you do not accept the terms of this EULA, do not install or use the
Application and delete the Licensed Software and all of its related files
from all your devices.
This EULA is a legal agreement between you (hereinafter - the user) and
Application Provider Kidgy: Find my Friends & Family Phone (hereinafter - Kidgy: Find my Friends & Family Phone) for use of the
Application.
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Kidgy: Find my Friends & Family Phone is a Licensed Software Application that monitors and provides an
access to a target device (as phone and/or computer) including, but not
limited to, calls, text messages, contacts, location and applications on a
target device of user’s children for monitoring their activity by user as
their parents/legal guardians.
User acknowledges that the Licensed Software shall be used for the purpose
of parental control for monitoring, tracking and obtaining access to
child’s target device(s), on which the Application is installed.
User also agrees to notify his/her minor children, who use a device with
the installed Application of the presence of the Application.
User warrants that he/she has notified any his/her child, who is over 14
years old of such control and monitoring Application on his/her target
device(s) and he/she has their consent to such activity.
User agrees that the installation and use of the Application will be in
accordance with the laws of England and Wales governing the usage and
activity regarding monitoring of device(s), account(s), application(s) or
program(s) and will not use the Application in violation of any laws the
User is subject to, including any law, rule, ordinance or governmental
regulation.
User agrees to install this Application ONLY on a parent and child’s
devices, which are owned by the User.
User acknowledges that the Application icon is visible when installed to a
target device.
User agrees not to use the Application to monitor the activities of any
person that is 18 years of age or older or any other person for whom the
User is not the legal guardian.
User agrees not to use the Application in violation of any laws he/she is
subject to, including any law, rule, ordinance or governmental regulation.
User agrees not to use the Application to monitor the target devices of
children for whom the User is not the legal guardian.
User agrees not to allow any other person to access the information that
the Application collects from child’s target device, on which the
Application is installed.
User acknowledges that the physical access to a child’s target device is
required for the Licensed Software to be installed on that target device.
User is aware that every target device supports the Application whether it
fits the compatibility requirements – Android starting from version 4.0.3.
and iOS starting from version 9.0.
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BY INSTALLING THE APPLICATION YOU HEREBY WARRANT, REPRESENT, COVENANT AND
CERTIFY THE FOLLOWING:
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Scope of the License:
Kidgy: Find my Friends & Family Phone grants you a limited, non-exclusive, non-transferable revocable
license (hereinafter – the “License”) (i) to install the Application on
one or more target devices, which are owned by you and/or are under
your control, and (ii) to view, review and utilize the Application and
any related information provided to you by the Licensed Software, (iii)
or to use the Application for cloud-based monitoring of a target
device. Nothing in this EULA should be interpreted as permitting
installation of the Application on any target device you do not own or
control, or which you do not have the legal right to monitor, or to
monitor any account, application, or program you do not have the legal
right to monitor. It is your responsibility to determine whether you
have the legal right to monitor the target device(s).
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Kidgy: Find my Friends & Family Phone is Designed for Legal Use.
The Application is designed for use by those, who have the legal right
to monitor child’s target device(s), on which it is installed. Kidgy: Find my Friends & Family Phone cannot provide legal advice to you regarding your use
of the Licensed Software. Be aware that it is considered a violation of
laws of England and Wales in most instances to install and/or use
tracking Licensed Software, such as the Licensed Software, to any
device(s), you do not have the right to monitor. The law requires you
to notify your children, whom are using such target device(s) that it
is being monitored. Failure to do so may result in violation of
applicable law, which could result in severe monetary and criminal
penalties imposed on the violator. You should consult your own legal
advisor with respect to legality of using the Licensed Software in the
manner you intend to use it prior to downloading, installing, or using
the Licensed Software. You take full responsibility for determining
that you have the right to monitor target device(s), on which the
Licensed Software is installed. Kidgy: Find my Friends & Family Phone shall not be held responsible if
you choose to monitor device(s) you do not have the right to monitor.
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Improper Use of the Licensed Software.
You agree not to use the Licensed Software in any manner to harass,
abuse, stalk, threaten, defame or otherwise infringe or violate the
rights of any other person, including children, and that Kidgy: Find my Friends & Family Phone is not
in any way responsible for any such use by you, nor for any harassing,
threatening, defamatory, offensive or illegal messages or transmissions
that you may receive as a result of using the Licensed Software. In
case the Licensed Software is installed on the target device without
permission of the owner, Kidgy: Find my Friends & Family Phone has the right to open un-installation
instruction for this person and make sure that the account of a
violator is blocked.
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License
. It is understood and agreed that Kidgy: Find my Friends & Family Phone is the owner of all right,
title, and interest in and to the original, and any copies of the
Licensed Software and related information, improvements, enhancements
or derivatives thereto and ownership of all intellectual property
rights pertaining thereto, in whole or in part, shall be, vest with,
and remain the exclusive property of Kidgy: Find my Friends & Family Phone. You, as licensee, through
your downloading, installing, or use of the Licensed Software do not
acquire any ownership rights to the Licensed Software. The Licensed
Software is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
rights granted in this license are limited to the right to download,
install, and use the Licensed Software and do not include any other
intellectual property rights.
You agree that you may not and will not: (i) sell, lease, rent, license,
sublicense, redistribute, assign or grant the Licensed Software; (ii)
decompile, disassemble, or reverse engineer the Licensed Software, in whole
or in part; (iii) write or develop any derivative Licensed Software, make
attempt to derive the source code of, modify, or create derivative works of
the Licensed Software, any updates, or any part or any other Licensed
Software program based upon the Licensed Software; (iv) provide, disclose,
divulge or make available to, or permit use of the Licensed Software by any
third party without Kidgy: Find my Friends & Family Phone prior written consent; or (v) copy the Licensed
Software.
Any attempt to do so is considers as a violation of the EULA and the rights
of Kidgy: Find my Friends & Family Phone. If you breach this restriction, you may be subject to legal
actions and damages.
Kidgy: Find my Friends & Family Phone may provide upgrades, modifications, updates, or additions
(hereinafter – the Modifications) to the Licensed Software during the term
of the License. The terms of this EULA shall be applied to any such
Modification unless such Modification is accompanied by a separate license,
in which case the terms of that license will be applied.
You represent that participation under this EULA will not breach any
agreement to keep in confidence proprietary information acquired by you in
confidence or in trust prior to this EULA. You represent that you have not
entered into, and will not enter into, any oral or written agreement in
conflict herewith.
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Consent to Use of Data:
You agree that Kidgy: Find my Friends & Family Phone may collect and use technical data and related
information, including but not limited to technical information about
your target device(s), system and application software, and
peripherals, that is gathered periodically to facilitate the provision
of Licensed Software updates, product support and other services to you
(if any) related to the Licensed Software. You agree that Kidgy: Find my Friends & Family Phone may use
this information, as long as it is in a form that does not personally
identify you, to improve its products or to provide services or
technologies to you. Kidgy: Find my Friends & Family Phone will use data that does personally identify
you only in the normal course of business with you directly and will
not disclose such data to other parties except as required by courts or
agencies of law enforcement or as set forth in the Privacy Policy.
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Third Party Information
.
You agree that you will not at any time prior to or after this EULA,
improperly use or disclose any proprietary information or trade secrets
of any other persons which may be in your possession, if any. Further,
should Kidgy: Find my Friends & Family Phone disclose confidential information of its third party
licensors, you will comply with any use and confidentiality guidelines
requested of you by Kidgy: Find my Friends & Family Phone. You will hold all such confidential and
proprietary information in the strictest confidence and will not
disclose it to any third party or use it for the benefit of any person
other than for Kidgy: Find my Friends & Family Phone or such third party.
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Term and Termination:
The term of this License runs concurrently with the term of your
account registration and subscription, which is the period during which
you are authorized to use the Licensed Software. Your rights under this
License will terminate automatically without notice from Kidgy: Find my Friends & Family Phone if you
fail to comply with any term(s) of this EULA or your subscription
period expires. Upon termination of the License, you shall cease all
use of the Licensed Software and uninstall it from any devices on which
it was installed.
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Limited warranty
.
This limited non-transferable warranty covers the Licensed Software for
the period from your account registration and subscription purchase
until the account expiry. If you receive supplements, updates, or
replacement of the Licensed Software during that time then the limited
warranty will be prolonged until the expiry of your account. To the
extent permitted by law, this implied warranty lasts only during the
term of the Limited Warranty.
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Exclusions from Warranty.
This Limited Warranty does not cover problems caused by your acts (or
failures to act), the acts of others, or events beyond Kidgy: Find my Friends & Family Phone’s
reasonable control.
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Technical issues
. In the event of technical issues with the Licensed Software you may
address professional help from Kidgy: Find my Friends & Family Phone Customer Support Center, which
will provide you with the full support under the limited warranty
during the period of your account validity.
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Remedy.
In case you have technical issues with the Licensed Software, which can
not be fixed by Kidgy: Find my Friends & Family Phone Customer Support Center, the sole remedy you are
eligible for is a full refund in accordance with the Refund Policy.
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Limitations of Liability
.
To the extent permitted by the applicable law, Kidgy: Find my Friends & Family Phone shall not be
liable to you in respect of any claim, demand or action, irrespective
of the nature of the cause of the claim, demand or action alleging any
loss, injury or damages, direct or indirect, which may result from use
or possession of the Licensed Software; or for any loss of profit,
revenue, data, contracts or savings, or any other direct, indirect,
incidental, special or consequential damages arising out of your use of
or inability to use the Licensed Software, any defect in the data, or
the breach of this EULA, whether in an action in contract or tort or
based on a warranty, even if Kidgy: Find my Friends & Family Phone have been advised of the possibility
of such damages.
This EULA is not intended to and does not (a) change or exclude any
statutory consumer rights that cannot be lawfully changed or excluded, or
(b) limit or exclude any right that you may have against any other party if
you did not purchase the Licensed Software directly from Kidgy: Find my Friends & Family Phone website.
Some jurisdictions do not allow certain liability exclusions, damage
limitations, or disclaimers of warranty. In no event shall Kidgy: Find my Friends & Family Phone be liable
for your use of the Licensed Software.
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Additional Terms and Conditions
.
This End User License Agreement constitutes the entire, final and
integrated agreement between the Parties concerning the subject matter
hereof and supersedes all prior and contemporaneous understandings and
communications, whether oral or written, between the Parties relating
to the subject matter hereof. Kidgy: Find my Friends & Family Phone reserves any rights or licenses
other than those specifically granted herein.
This EULA shall not be assigned (by operation of law or otherwise) or
transferred in any manner by you without the prior written consent of
Kidgy: Find my Friends & Family Phone.
You acknowledge that a breach of this EULA would cause irreparable injury
to Kidgy: Find my Friends & Family Phone for which monetary damages are not an adequate remedy.
Accordingly, Kidgy: Find my Friends & Family Phone shall be entitled to seek injunctive relief and other
equitable remedies in the event of such breach.
The conditions of this EULA are subject to change at any time, and in the
event of any changes, the updated version of the EULA will appear on this
page.
Kidgy: Find my Friends & Family Phone reserves the right to change this License granted to you at any time;
the changes will be effective when posted on the website KIDGY.com. Kidgy: Find my Friends & Family Phone
may also change, discontinue, or impose limits on certain features of the
Licensed Software without liability. Your continued use of the Licensed
Software indicates your consent to the changes.
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Applicable Law.
This EULA shall be construed under laws of England and Wales, and you
consent to the exclusive jurisdiction of the English Courts.
Nothing in this EULA gives or claims to give to any third party any benefit
or right to enforce any term of this Agreement, and the provisions of the
Contracts (Rights of Third Parties) Act 1999 (as amended or modified from
time to time) are expressly excluded.
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International Use
.
Although the Licensed Software may be accessible worldwide, we make no
representation that the Licensed Software or related materials are
appropriate or available for use in your location, and the Licensed
Software may not be accessed from territories where the content is
prohibited by local laws. Those who choose to access the Licensed
Software from such locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable. Any offer and/or information made in connection
with the Licensed Software is void where prohibited.
Without limiting the foregoing, the Licensed Software may not be exported
or re-exported (a) into (or to a national resident of) any U.S. embargoed
countries or (b) to anyone on the U.S. Treasury Department’s list of
Specially Designated Nationals or the U.S. Department of Commerce Denied
Person’s List or Entity List. By accessing and using the Licensed Software,
you represent and warrant that you are not located in, under control of, or
a national resident of any such country or on any such list.
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You expressly acknowledge that you have read this EULA and you understand
the rights, obligations, terms and conditions set forth herein.
By continuing to install the Licensed Software, you accept this EULA and
expressly consent to be bound by its terms and conditions.
KIDGY.com is operated in UK.
Current license version: September 01, 2017.
