Effective Date: 12/02/2021
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1. Acceptance of Terms
Kidas Inc. (referred to as “Kidas,” “us,” “our,” or “we”), provides the Getkidas.com website (https://www.getkidas.com/) (the “Site”), the Kidas console monitoring application, as well as the child virtual activity monitoring and parent alert service (the Site, console monitoring application and service collectively referred to as the “Service”), subject to your compliance with the following Terms of Service (“Terms”).
Kidas reserves the right to amend these Terms at our discretion and at any time. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to use of the Service. If we make material changes to these Terms, we will post the updated Terms of Service on the Site and update the new effective date. If you are a subscriber to the Service (“Account Holder”), Kidas will also provide notice of material changes to the Terms of Service to the email address you use to register for the Service. Your continued use of this Site and Service after notice of such amendments will constitute acknowledgement and acceptance of the amended Terms.
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and the Service.
2. Description of the Service
As part of the Service, Kidas automatically reviews the online activity of the child or children you register under your account (“Registered Child” or “Registered Children”), including activity conducted through text messages, voice conversations and/or interactions with games or other applications (each a “Covered Application”) on the child’s gaming device. Kidas provides the Account Holder (“you” or “your”) with email alerts flagging signals of cyberbullying, depression, online predators, and other potential dangerous activity that our proprietary artificial intelligence system (“AI System”) detects through review of each Covered Application. The email alerts may also provide educational material to give you background information regarding the virtual content the AI System has detected your child has accessed in the monitoring period, including new Internet trends, slang, and abbreviations, amongst other topics. The Service currently supports English language interactions only.
We reserve the right in our sole and absolute discretion to make changes to how we operate and provide our Service, including adding new features, modifying existing features, or discontinuing existing features.
3. Account Registration
a) General. You must be 18 years or older in order to sign up for a subscription to the service (“Parent Account”). In order to register for a Parent Account account on our Site, you must provide Kidas with your name, email address and password (“Registration Data”). To complete set up of your account and access your personal account information page (“Account Portal”) on the Site, you must set up a password of your choice. To review your Registration Data and make any updates, you must use the password and the email you used to register for the Service as your username to access your personal Account Portal.
1. Accuracy of Information. Accurate records enable Kidas to provide the Service to you. In order for the Service to function effectively, you must keep your Registration Data up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. You bear all risks associated with providing Kidas with inoperable or incorrect contact information.
2. Impersonating Another Account Holder. You agree you will not attempt to sign into another Kidas subscriber’s Account Portal or gain access to another subscriber’s information for any purpose.
b) Account Security. You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your username, allows you to access the Service. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your username, password, or other security information. Our employees will never ask you for your password. If you become aware of any unauthorized use of your Parent Account, you agree to notify Kidas immediately.
c) Parent or Legal Guardian. The Service is only to be used to monitor children under 18 years old. You may register only your own minor child or children to be monitored under your subscription to the Service. You hereby represent and warrant that you are the parent or legal guardian of the Registered Child(ren) and that each Registered Child is under 18 years old. You agree to uninstall the Kidas mobile application from the gaming console of the Registered Child and terminate your subscription once the Registered Child turns 18 years old.
4. Subscription Plans, Payment, & Cancellation
a) Free Trial, Subscription Plans, & Payment. The Service is offered on a free, limited duration, trial basis (“Free Trial”) or paid subscription basis (“Paid Subscription”) only. At time of registration for a Free Trial, you will be asked to make a choice whether you would like to subscribe to the Service on a monthly billing cycle or yearly billing cycle, if you choose to continue with a Paid Subscription after the expiration of the trial period. You may cancel your Free Trial any time during the trial period. If you do not cancel your Free Trial during the trial period, your account will convert to a paid subscription automatically on the expiration date of the Free Trial for the billing cycle you chose when you registered for the Free Trial. If you choose the monthly subscription, a monthly subscription fee is charged each month, starting on either (1) the day your free trial expires or (2) the day you register for a Paid Subscription account, to the credit card or payment method registered with Kidas. If you choose the yearly subscription, a yearly subscription fee is charged, starting on either (1) the day your free trial expires or (2) the day you register for a paid subscription account to the credit card or payment method registered with Kidas. Monthly billing cycle subscriptions automatically renew every month, charging your card or payment method every 30 business days from the first day of the previous subscription billing cycle, unless you cancel the subscription at least 24 hours before the end of the current subscription cycle. Yearly billing cycle subscriptions automatically renew every year, charging your card or payment method every 365 business days from the first day of the previous subscription billing cycle, unless you cancel the subscription at least 24 hours before the end of the current subscription cycle.
b) Cancellation. To cancel your subscription at any time, please navigate to your Account Portal and follow the listed steps. Upon cancellation of the subscription and uninstallation of the gaming application, the Service will terminate at the end of the current billing cycle and Kidas will cease any further monitoring of all Covered Applications associated with your Registered Child(ren). Even if you cancel your subscription before a billing cycle is complete, Kidas will not provide a refund.
5. Privacy & Security
a) Scope of Children’s Information Collected
1) Generally. During your registration for a Parent Account, Kidas will collect the name, date of birth, gender, and address of each Registered Child associated with your Parent Account. In connection with providing the Service to you thereafter, Kidas’s AI System will monitor and process all communications to and from the Registered Child on all Covered Applications. Kidas also collects certain technical information from the Registered Child’s console, including IP address, MAC address, and specific console device information.
2) Consent. You expressly consent to Kidas’s collection, monitoring, review, and caching of any information obtained by the AI System from or related to a Registered Child’s use of a Covered Application, including all communications to and from such Covered Application.
3) Termination of Information Collection. You may terminate Kidas’s ability to access, collect, monitor, review and cache new information from any Covered Application by terminating your subscription through your Account Portal and uninstalling the Kidas console application from each Registered Child’s device.
4) Questions on Information Collected & Policies. Questions about Kidas’s policies or use of information from children under the age of 13 can be directed to Kidas at [email protected].
b) Reporting Policies
Health, Welfare, and/or Safety Concerns. We provide alerts to you regarding your Registered Child’s online activities. If our alerts cause you to suspect or determine a threat to the health, welfare, or safety of any individual or entity, you should contact law enforcement or other governmental agencies to make a report. If we identify information that in our sole discretion indicates health, welfare, or safety concerns for an individual or entity, we have the right, but not the obligation, to make reports to law enforcement or other appropriate governmental agencies, and you consent to our authority to do so. The foregoing consent is a condition to your use of the Service.
6. Kidas Intellectual Property
a) By accepting these Terms, you agree that all content presented to you and generated for you on this Site and through the Service is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Kidas or its Affiliates. Reports generated by Kidas for you within the Service may also contain some licensed third party copyrighted material. You may use the reports for your own personal non-commercial use only, and you may not reproduce or display or distribute any of the Site or content generated through the Service without first obtaining prior written consent from Kidas and any third party content provider.
b) All custom graphics, icons, logos and service names used in conjunction with the Service are registered or unregistered trademarks or service marks of Kidas or its Affiliates. All other trademarks or service marks on the Site are the property of their respective owners. Nothing in these Terms grants you any right or license to use any third party trademark or any of Kidas’s trademarks, service marks, logos, and/or the company names of Kidas or its Affiliates.
7. Violation of Terms
a) Suspension or Termination of Account. We may suspend or terminate any subscriber account at any time, with or without cause. If we terminate your account without cause and you are a paid subscriber, we will refund a prorated amount of your monthly subscription fee if you are a monthly billing cycle subscriber or a prorated amount of your yearly subscription fee if you are a yearly billing cycle subscriber. We will not refund your subscription fee for suspension or termination of your subscriber account for cause.
b) Scope of Cause. Cause for suspension or termination of your subscriber account includes, but is not limited to, actions such as intentional provision of inaccurate Registration Data, attempt to sign in to another subscriber’s Account Portal or access another subscriber’s information for any purpose, attempt to register a child of whom you are not a parent or legal guardian, failure to pay subscription fees, use of Kidas’s intellectual property without a license or our permission, and any other action we deem in our sole discretion is a violation of these Terms.
a) Warranties & Guarantees: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
1. THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (i) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, (ii) ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND (iii) ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
2. KIDAS DOES NOT WARRANT THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
3. KIDAS MAKES NO WARRANTY THAT THE SERVICE WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS; OR THAT USE OF THE SERVICE WILL PROTECT ANY CHILD(REN) FROM HARM;
4. KIDAS MAKES NO WARRANTY AS TO THE ACCURACY OF THE INFORMATION CONVEYED, INCLUDING NAME OR IDENTITY OF A SOURCE OF POTENTIAL HARRASSMENT OR PHYSICAL HARM TO A REGISTERED CHILD;
5. ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE IS DELIVERED TO YOU FOR YOUR USE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM KIDAS’S PROVISION OF OR FAILURE TO PROVIDE ANY SUCH INFORMATION;
6. NO ADVICE, RESULTS OR INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN;
7. THE KIDAS SERVICE DOES NOT PROVIDE LEGAL OR MEDICAL ADVICE AS PART OF THE SERVICE, AND DOES NOT SUBSTITUTE FOR FAMILY OR PSYCHOLOGICAL OR PSYCHIATRIC COUNSELING; AND
8. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.
b) Reliance on Educational Material:
The educational material shared on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site or user of the Service, or by anyone who may be informed of any of its contents.
This Service may share content provided by or through third parties, including materials provided by third-party educational organizations, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Kidas, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Kidas. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Limitations on Liability
Limitations on Liability. IN NO EVENT SHALL KIDAS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE, OR ANY OF THE CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF KIDAS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF KIDAS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SERVICE EXCEED, IN THE AGGREGATE, ANY SUBSCRIPTION FEES PAID BY YOU TO KIDAS DURING THE TWELVE (12) MONTHS PRECEDING ANY SUCH CLAIM.
You shall defend, indemnify and hold Kidas, its directors, officers, employees, agents and Affiliates harmless from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) in any way arising from, related to or in connection with (i) your use or misuse of the Service, (ii) your violation of these Terms, (iii) your violation of any laws or regulations, (iv) any misrepresentations made by you, or (v) a breach of any representations and warranties you have made to us.
11. Arbitration & Class Actions
a) Arbitration. Agreement to Arbitrate. In the interest of resolving disputes between you and Kidas in the most expedient and cost-effective manner, you and Kidas agree that every dispute arising in connection with the Agreement will be resolved by binding arbitration. You further agree that the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration provision. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of the Terms. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THE AGREEMENT, YOU AND KIDAS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b) Class Actions. YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
1) Territorial Restrictions. We control and operate our Service from the United States and we make no representations or warranties that the information or services provided through our Service are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Service in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Service to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion.
2) Compliance with Law. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Service. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
3) Governing Law & Jurisdiction. All matters relating to the Service and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule whether of the Commonwealth of Pennsylvania or any other jurisdiction.
5) Limitation of Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between Kidas and you as a result of these Terms or your use of the Service.
6) Severability and Waiver. The failure of Kidas to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is held to be invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
7) Assignment. You may not assign the Terms or any of your rights or obligations under the Terms without Kidas’s express written consent.
8) Successors, Assigns, Licensees. The Terms inure to the benefit of Kidas’s successors, assigns and licensees.
9) Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.
a) it is stated that Kidas is a “tool” to assist parents/ guardians in their effort to monitor and manage their child(ren)’s Internet/ Online activities. It is the ultimate responsibility of the parent/ guardian to monitor and manage their child(ren) Internet/ Online activities.
Kidas may notify you via either email or regular mail. Any inquiries you may have concerning these Terms, or to provide any notice to Kidas hereunder, should be directed to: Kidas 701 E Cathedral Rd Ste 45 PMB 322 Philadelphia, PA 19128 with a copy to [email protected].