Terms of Use
PLEASE READ THIS TERMS OF USE CAREFULLY.
THESE TERMS OF USE ARE BINDING.
These Terms of use will be effective as of September 01, 2017.
By using the KIDGY service you agree to be bound by the following Terms of
Use.
Welcome to the kidgy.com Website (hereinafter - the “Website”).
These Terms of Use (hereinafter - the “ToU”) describe the terms and
conditions applicable to your access and use of the Website and its offered
application made available through or in connection with the Website
(hereinafter - the “Application”).
In these Terms of Use “we”, “KIDGY”, “us” and “our” means Application
Provider.
KIDGY Application is a family assistant application that monitors and
provides you access to a child’s target device including, but not limited
to, calls, text messages, contacts, location and applications on a child’s
target device of your children for monitoring children’s activity by their
parents (hereinafter – the “Service”).
Your use of the Website and/or the Service hereto signifies that you agree
to these Terms of Use and constitutes your binding acceptance of these
Terms of Use, including any modifications that KIDGY makes from time to
time.
You are aware that the use of the Application is regulated by these Terms
of Use and other legal documents embodied in Mobile Application Stores (as
Google Play and App Store), from which you are able to download the
Application.
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Principal Points
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KIDGY is an application (hereinafter – the “Application”), which aim of
use is family assistance including parental control.
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To use the Application you should (i) download it from the Mobile
Application Store; (ii) install it to both target devices – parent
device and child’s device; (iii) pass a registration through your
email/Facebook account; (iv) choose a subscription; (v) make payment
for the subscription.
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KIDGY only receives the information provided by you as your ID and
email;
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All payments are made only through Mobile Application Store.
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You will not use the Application in violation of any laws you are
subject to. Notwithstanding the foregoing, KIDGY is not responsible for
your access or use of the Application.
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You consent to KIDGY to check the compatibility of both devices before
purchasing the Application.
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You understand that you require a physical access to both target
devices to install the Application.
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You agree that KIDGY is not responsible or liable in any manner for the
installation by you of the Application to both target devices.
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You will properly follow all instructions and documentation provided by
KIDGY to you at the Website and/or Mobile Application Store.
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You will not allow any other third party to access your account or to
utilize the Application. In case the access to your account was granted
to a third party deliberately or by mistake or in any other way without
your consent you acknowledge that KIDGY does not bear the
responsibility therefore.
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You will only install the Application on your device and devices of
your children, for which you are the owner.
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We reserve the right to modify, terminate or refuse the KIDGY Service
to anyone for any reason, without notice at any time.
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We reserve the right to alter these Terms of Use at any time.
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Account and Subscription
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Following the registration of your account you get Freemium
Auto-renewing subscription. It means that you will have free and for
the whole period of your account validity access to use features as
Locations, Scheduler, Panic Button per one device.
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To receive access to other features you have to purchase a relevant
subscription plan.
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To monitor more than 1 (one) child’s device you have to purchase a
relevant subscription plan (you are able to monitor from 1 (one) to 10
(ten) your children’s devices.
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Upon the expiry of your purchased subscription the Freemium
Auto-renewing subscription will stay active within your one account
(marked with label ‘free features’ and colored).
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To purchase the Application you should complete the Billing Information
and the Payment Method providing your personal information.
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Provided that it is a Mobile Application Store that receives payment
details and provides the processing of payments you are aware that all
operations will be made through your Mobile Application Store account.
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In case you entered to your account by using your credentials from
another device, to which another Mobile Application Store account is
linked, you are aware that the Application will fully function except
for an option to change the subscriptions.
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You may purchase 3 (three) different subscription plans for the period
of 1 (one) month, 3 (three) months and 12 (twelve) months with
automatic renew and from 1 (one) to 10 (ten) slots available to monitor
1 (one) to 10 (ten) your children’s devices.
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The price for monthly subscription is: (i) for 1 (one) device is USD
9.99; (ii) for 2 (two) devices is USD 14.99; (iii) for 3 (three)
devices is USD
19.99; (iv) for 4 (four) devices is USD 24.99; (v) for 5 (five) devices
is USD 29.99; (vi) for 6 (six) devices is USD 34.99; (vii) for 7
(seven) devices is USD 39.99; (viii) for 8 (eight) devices is USD
44.99; (ix) for 9 (nine) devices is USD 49.99; (x) for 10 (ten) devices
is USD 54.99.
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The price for 3 (three) months subscription is: (i) for 1 (one) device
is USD 23,99; (ii) for 2 (two) devices is USD 35.99; (iii) for 3
(three) devices is USD
47.99; (iv) for 4 (four) devices is USD 59.99; (v) for 5 (five) devices
is USD 71.99; (vi) for 6 (six) devices is USD 83.99; (vii) for 7
(seven) devices is USD 95.99; (viii) for 8 (eight) devices is USD
107.99; (ix) for 9 (nine) devices is USD 119.99; (x) for 10 (ten)
devices is USD 129.99.
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The price for 12 (twelve) months subscription is: (i) for 1 (one)
device is USD 77; (ii) for 2 (two) devices is USD 116; (iii) for 3
(three) devices is USD
155; (iv) for 4 (four) devices is USD 194; (v) for 5 (five) devices is
USD 233; (vi) for 6 (six) devices is USD 272; (vii) for 7 (seven)
devices is USD 311; (viii) for 8 (eight) devices is USD 350; (ix) for 9
(nine) devices is USD 389; (x) for 10 (ten) devices is USD 399.99.
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You are aware that you may use the Application for more than one
child’s device (from 1 to 8) depending on the subscription you have
chosen. For this purpose you have to upgrade your subscription on a
parent device.
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Subscription automatically renews unless auto-renew is turned off at
least 24-hours before the end of the current subscription plan.
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In case you are not ticking off the auto-renewal for your order you
will be charged for the next subscription plan period. You may tick off
the auto-renewal in your control panel/account during the subscription
period. You may interact with the Service through your account in the
Application by changing settings that are made available to you. You
may enable auto-renewal for your placed order or turn it off.
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You agree not to create or access an account using a false identity or
information, or on behalf of someone other than yourself.
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You agree not to create an account or use the Service if your account
has been previously removed by KIDGY, or if you have been previously
banned from the Service.
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You have the right to cancel any account of yours at any time. You may
cancel any account registered to you by following the instructions in
the Application.
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In case you have terminated using your subscription, cancelled the auto
renewal of the subscription and/or its term has lapsed, you may
purchase a new subscription within 40 (forty) days and receive the
access to your account and stored logs (information you received form
the child’s monitored device). After 40 (forty) days all logs may no
longer be accessed by you as KIDGY deletes them from its servers.
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Accounts terminated by KIDGY for any type of abuse, including without
limitation a violation of these ToU, may not be reactivated for any
reason.
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In case you have terminated using your subscription, cancelled the auto
renewal of the subscription and/or its term has lapsed, the monitoring
of all devices on which the Application is installed shall be ceased,
however, your account will be active and all logs (information you
received from the child’s monitored device) will be stored for 40
(forty) days.
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When you install the Application on target device(s) the permission to
use information before you install is required.
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You are aware that for the purpose of receiving actual log files from
child’s device(s) the Application shall be active on child’s target
devices.
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You understand that for log information update in the Application a
target device shall have internet connection.
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You may never use another user’s account without permission. When
creating your account, you must provide accurate and complete
information.
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You are solely responsible for the activity that occurs from your
account, and you must keep your account password secure.
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You may not share or transfer any account. You may not disclose your
password to anyone else.
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You must notify KIDGY immediately of any breach of security or
unauthorized use of your account and if you believe that an account
password may have been compromised.
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KIDGY will not be liable for any losses caused by any unauthorized use
of your account.
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In case you forgot your password to the account you may restore the
access by pressing Forgot password button in the Application and get a
new password by email.
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Application
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The Application may only be used in connection with these Terms of Use,
End User License Agreement, rules, restrictions or documentation set
forth by KIDGY from time to time.
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You understand that KIDGY in its sole discretion may at any time for
any reason suspend or terminate or disable the Application and
information you may already have accessed to or installed without prior
notice.
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KIDGY reserves the right to add or remove features or functions to the
Application at any time in its sole discretion.
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KIDGY reserves the right to update and upgrade the Application at any
time in its sole discretion.
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In case your device was unlinked from the Application due to update of
your device operating system you may address customer service at [email protected] for the relink.
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In case you have any technical question, please contact customer
service at [email protected].
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Acceptance
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By using the Application you represent that you have read and consent
to these Terms of Use, End User License Agreement and other legal
policies represented on the Website.
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KIDGY may revise all legal policies at any time, without notice, and
the new versions will be available on the Website.
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If at any point you do not agree to any portion of these legal policies
you must immediately stop using the Application.
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Security
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KIDGY cares about the integrity and security of your personal
information.
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You acknowledge that you provide your personal information to Mobile
Application Store while purchasing the Application.
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Provided that it is the Mobile Application Store that receives payment
details and provides the processing of payments KIDGY receives personal
information of a user from Mobile Application Store in the volume of
user’s ID and email (login); a password is known only to a user.
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KIDGY stores user’s login in database. User’s password is not stored.
We store only hash of the password generated by md5 hash function from
user’s passwords.
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KIDGY does not store in its servers all logs and data downloaded from
target device(s) with the use of the Application for more than 40
(forty) days period from the subscription termination. Upon the expiry
of this period all information gets deleted.
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In case of disclosure of such encrypted data KIDGY may not be held
responsible.
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KIDGY does not control, monitor and/or is not aware of the purpose a
user exploits the Application and KIDGY may not be held responsible for
such use thereof. It is at a user’s risk and responsibility.
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You acknowledge that KIDGY does not encourage its users to exploit the
KIDGY service illegally.
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Requirements to a user
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When purchasing the Application you confirm that you are adult of the
age above 18 and have the legal capacity to enter a contract in the
jurisdiction where you reside.
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When installing the Application to target device(s) you acknowledge and
agree that you are a parent to your minor child or children.
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When installing the Application to target device(s) you acknowledge and
agree that you are a legal guardian of your minor child or children.
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When installing the Application to target device(s) you acknowledge and
agree that you own these devices (parent device and child’s device(s)).
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When using a feature ‘Internet filter’ you are aware that blocking
websites/URL you know are not
good for your child is applicable only to the following browsers:
Chrome, Firefox, Yandex, Opera.
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Compatibility of a target device
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You are aware that the Application is supported by parent and child’s
target device(s)– for Android starting from version 4.0.3. and for iOS
starting from version 9.0.
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In case your device is not compatible you may not install and use the
Application.
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In case you have failed to comply with compatibility before the
purchase of the Application, you agree that it is your responsibility
and you will not be refunded.
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Subscription Upgrade and Downgrade
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In case you require more child’s devices to be monitored you may
upgrade your subscription by adding child’s devices to your
subscription.
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You may upgrade your subscription at any time during your subscription.
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To add more monitored child’s devices you should pick the required
quantity of monitored child’s devices through your account.
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The payment for the subscription upgrade shall be made by paying the
difference between the previous subscription and the new one.
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The process of recalculation of the difference between the previous
subscription and the new one is made by Mobile Application Store.
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In case you require decreasing the quantity of monitored child’s
devices, you should pick on your account the required subscription to
be deleted.
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The payment for the deleted subscription shall not be refunded.
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Following the subscription deletion Mobile Application Store shall
recalculate the new term of the existing subscription proportionally to
the made payment for the deleted subscription.
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Following the subscription deletion you are aware that all logs
(information you received form the child’s monitored device) from that
subscription would be deleted as well.
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Application Updates
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In an effort to improve the Service, KIDGY may update the Application
from time to time.
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You acknowledge and agree that KIDGY may update the Application with or
without notifying you.
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You acknowledge and agree that KIDGY may request you via email or
account to make such Application update on a target device.
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Freemium Subscription
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When you register your account you automatically get Freemium
Auto-renewing Subscription (hereinafter – the “c”).
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Freemium Subscription means that you will have free and for the whole
period of your account validity access to use features as Locations,
Scheduler and Panic Button per one child’s device.
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Those users, who used previously the Free Trial, will be automatically
turned on to the Freemium Subscription on their accounts.
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You may cancel your use of the Freemium Subscription by purchasing
another subscription plan or by deactivating your account.
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Upon deactivation of your account you will immediately lose all access
to the Application and any data and information stored within your
account.
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KIDGY reserves the right to modify, cancel or limit the Free Trial
without notice at any time.
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Refunds and Returns.
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Please review Mobile Application Store terms and conditions regarding
the refund policy (cooling-off period). It includes a money-back
guarantee if you are not satisfied for any reason.
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Your eligibility for a refund may depend on the Mobile Application
Store terms and conditions, subscription, duration since the
transaction, etc.
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Links
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The Website may contain links to websites operated by other parties.
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KIDGY provides these links to other websites as a convenience, and use
of these websites is at your own risk.
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The linked websites are not under the control of KIDGY, and KIDGY is
not responsible for the content available on the other websites.
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Intellectual Property
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Trademarks. Logo KIDGY is a trademark/service mark protected by the
applicable law.
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Unauthorized use of any KIDGY trademark, service mark or logo is a
violation of UK trademark laws and prevalent intellectual property
laws.
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Copyright. The Website, Service and the Application are protected by UK
and international copyright laws.
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All intellectual property in the design and layout of this Website and
the materials and information published on its pages belongs to and are
vested in to KIDGY. You may not copy any part of this Website or
otherwise do anything in relation to any part of the Website other than
the following:
(a) You may print or download to a local hard disk pages from this Website
for your personal and non commercial use only,
(b) In material issued to third parties you may only quote from this
Website provided that such quote is not used in a misleading context and
that you give due credit to both the author and to KIDGY.
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You may not otherwise use or reproduce any of this web Website or the
material contained within it in any manner other than those listed
above without first obtaining the prior written permission of KIDGY.
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Any images that appear on this Website with an acknowledgement to the
Licensed Material include restrictions on downloading such material for
other than personal use, and prohibit republication, retransmission,
reproduction or other use of the Licensed Material.
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Location.
The Website and the Service are hosted and operated in UK.
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Disclaimer of warranties.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW THE WEBSITE AND THE SERVICE ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF
DEALING OR USAGE OF TRADE. KIDGY MAKES NO WARRANTY AS TO THE ACCURACY,
COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE
PERFORMANCE OF, THE WEBSITE OR THE SERVICE. YOU ARE RESPONSIBLE FOR
VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE
AND/OR THE SERVICE IS AT YOUR SOLE RISK. KIDGY DOES NOT WARRANT THAT
YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR SERVICE AT THE
TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE WEBSITE OR THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR
THAT THE WEBSITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
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KIDGY PROVIDES NO WARRANTY OR GUARANTY OF ANY KIND THAT (I) YOU WILL
RECEIVE ANY TYPE OF BENEFIT FROM THE USE OF THE SERVICE; (II) THE
SERVICE WILL FIND OR COMMUNICATE TO YOU EVERY EXAMPLE OR ALL EXAMPLES
OF INTERNET OR MOBILE DEVICE CONTENT ABOUT THE SUBJECT(S) OF THE
MONITORING; OR (III) THE SERVICE WILL MEET YOUR EXPECTATIONS.
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Because some states or jurisdictions do not allow the disclaimer of
implied warranties, the foregoing disclaimer may not apply to you.
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Limitation Of Liability; Sole And Exclusive Remedy
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIDGY, ITS AFFILIATES,
LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”)
DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL
LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, THE APPLICATION AND/OR
SERVICE, EVEN IF KIDGY AND/ OR RELATED PARTIES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
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Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in
such states or jurisdictions, the liability of KIDGY and its affiliates
shall be limited to the fullest extent permitted by law.
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Indemnification
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You agree to indemnify, defend and hold KIDGY and the related parties
harmless from any and all claims, demands, damages or other losses,
including reasonable attorneys’ fees, resulting from or arising out of
your use of the Website, the Application and/or the Service or any
breach by you of these ToU or any other policies that KIDGY may issue
for the Website, the Application and/or Service from time to time.
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Assignment
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KIDGY may assign these ToU, in whole or in part, to any person or
entity at any time with or without your consent.
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You may not assign these ToU and any unauthorized assignment by you
shall be null and void.
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Severability
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If any part of these ToU is determined to be invalid or unenforceable,
then that portion shall be severed, and the remainder of the ToU shall
be given full force and effect.
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No Waiver.
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Failure or delay by KIDGY to enforce compliance with the ToU does not
constitute a waiver of these ToU.
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The express waiver by KIDGY of any provision, condition or requirement
of these ToU shall not constitute a waiver of any future obligation to
comply with such provision, condition or requirement.
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Notices.
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You agree that KIDGY may send you push-notifications.
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You are aware that in case the Application, installed on iOS, is not
active on a parent device you will not receive the push-notifications
and logs.
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In case you turn off the push-notifications you acknowledge that part
of the Application’s functions may operate incorrectly and KIDGY will
be not held responsible for this.
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All notices and technical requests under these ToU shall be in writing
and addressed to: [email protected] .
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Entire Agreement.
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These ToU, including the documents expressly incorporated by reference,
constitutes the entire agreement between you and us with respect to the
Website and/or Service and supersedes all prior or contemporaneous
communications, whether electronic, oral or written, between you and us
with respect to the Website, the Application and/or Service.
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Termination of Service
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The Service may be terminated upon the expiration of the subscription.
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KIDGY reserves the right to deny Service to any user at KIDGY’s sole
and absolute discretion.
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The Service is offered with the understanding that KIDGY may terminate
any subscription and/or your access to the Service at any time, for any
reason or no reason, including without limitation for any violation of
these ToU.
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KIDGY reserves the right to deny Service to, or if applicable,
terminate the Service of any user or associated with, a user that
attempts to use the Application that contravenes its aim and/or
illegally.
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In such cases KIDGY reserves the right to block all accounts associated
with such potential violating user.
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Governing Law
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These Terms of Use are governed by the laws of England and Wales and
will be interpreted in accordance with the English courts. The English
courts shall have exclusive jurisdiction to settle any claim or dispute
which might arise out of or in connection with these terms and
conditions.
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Those who access the Website from locations outside of the United
Kingdom are responsible for compliance with local laws if and to the
extent that local laws are applicable;
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With respect to users out of UK jurisdictions they shall consult their
local attorney before installing the Application . KIDGY is not
responsible for any illegal use of the Application by a user out of UK
jurisdiction. Users out of UK jurisdiction may install and use the
Application at their own risk and responsibility.
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None of the terms hereof shall be enforceable under Contracts (Rights
of Third Parties) Act 1999 by any third party.
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Legal Effect
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These ToU describe certain legal rights. You may have other
rights under the laws of your state or country. These ToU do
not change your rights under the laws of your state or country.
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In case the laws of your state or country do not permit you to
use the Application or to use not all features hereof you
acknowledge and agree that it is upon your responsibility.
For more information, please contact KIDGY Customer Support at +13239772847 or email us at [email protected] .