KIDGY End User License Agreement


Please carefully read this End User License Agreement (“EULA”) prior to purchasing or using the KIDGY 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 (hereinafter - KIDGY) for use of the Application.

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KIDGY 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:

  1. Scope of the License: KIDGY 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).
  1. KIDGY 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 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 shall not be held responsible if you choose to monitor device(s) you do not have the right to monitor.
  1. 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 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 has the right to open un-installation instruction for this person and make sure that the account of a violator is blocked.
  1. License . It is understood and agreed that KIDGY 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. 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 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. If you breach this restriction, you may be subject to legal actions and damages.

KIDGY 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.

  1. Consent to Use of Data: You agree that KIDGY 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 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 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.
  1. 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 disclose confidential information of its third party licensors, you will comply with any use and confidentiality guidelines requested of you by KIDGY. 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 or such third party.
  1. 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 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.
  1. 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.
  1. 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’s reasonable control.
  1. Technical issues . In the event of technical issues with the Licensed Software you may address professional help from KIDGY Customer Support Center, which will provide you with the full support under the limited warranty during the period of your account validity.
  1. Remedy. In case you have technical issues with the Licensed Software, which can not be fixed by KIDGY Customer Support Center, the sole remedy you are eligible for is a full refund in accordance with the Refund Policy.
  1. Limitations of Liability . To the extent permitted by the applicable law, KIDGY 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 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 website. Some jurisdictions do not allow certain liability exclusions, damage limitations, or disclaimers of warranty. In no event shall KIDGY be liable for your use of the Licensed Software.

  1. 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 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.

You acknowledge that a breach of this EULA would cause irreparable injury to KIDGY for which monetary damages are not an adequate remedy. Accordingly, KIDGY 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 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 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.

  1. 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.

  1. 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.