Terms & conditions of using SafeKiddo

§1 Definitions
  1. SafeKiddo Mobile App– software for mobile devices with internet access (e.g. smartphones, tablets) fulfilling the technical requirements determined herein, which may be downloaded by the User from the application stores indicated by the Service Provider.
  2. Child App– the SafeKiddo Mobile App for mobile devices, installed on Child’s Device.
  3. Parent App– the SafeKiddo Mobile App for devices used by adults having parental authority/custody over underage persons, used for User Account and Child App management.
  4. User Account– individual User account created after a single-time registration in the Product, available upon submitting a login and password. The User Account contains personal information submitted by the User and enables the User to amend it.
  5. Child Profile– a profile of an underage person created and registered by the User within the User Account for managing the Child App.
  6. Terms & Conditions– these Terms and Conditions of using the Product.
  7. Product– a web-based product named SafeKiddo which consists of the following elements: the Website, the Child App, and the Parent App; and which enables using Service offered and provided via electronic means by the Service Provider in accordance with the Terms & Conditions.
  8. Website– the internet site available at safekiddo.com, safekiddo.com and my.safekiddo.com.
  9. Child’s Device– a mobile device with internet access (e.g. a smartphone, a tablet), on which the Child App is installed, assigned to a given Child Profile created within a User Account.
  10. Parent’s Device– a mobile device with internet access (e.g. a smartphone, a tablet), on which the Parent App is installed, assigned to a given User Account.
  11. Service– an individual service which may be rendered by the Service Provider for the Users within the Product.
  12. Service Provider– SafeKiddo spółka z ograniczoną odpowiedzialnością sp. k. with its registered office in Warsaw (02-777), Aleja Komisji Edukacji Narodowej 93, Poland, entered in the registry of entrepreneurs in the National Court Registry under the number 0000742143, with the NIP (tax identification number) number: 7010449679, e-mail: contact@safekiddo.com.
  13. User– an adult natural person, having legal capacity, who registered an account in the Service.
  14. Child User – underaged person who uses Child App on Child’s Device, whose parent or legal guardian is the User, or an adult person, who agreed to install the Child App on his device by the User and to use the Service by the User;
 
§2 General provisions

  1. These Terms & Conditions shall determine the conditions of rendering services available within the Product, including services rendered via SafeKiddo Mobile App and the Website

  2. The product is intended for users who exercise parental authority or guardianship over underage persons.

  3. The User, before concluding the agreement for providing Service, shall be under the obligation to register in the Product and accept these Terms & Conditions. After the free trial period, to continue using services available within the Product, the User is obligated to pay the subscription fee.

  4. The User shall be under the obligation to observe the provisions hereof and generally applicable laws.

 
§3 Registration and activation of the Services

  1. User Account shall be registered on the Website, where users must fill in a registration form by providing their name and a valid e-mail address and setting up a password and the PIN code.

  2. Alternatively, User Account may be registered in the SafeKiddo Mobile App (either Android, iOS, HMS and Windows), where users must fill in a registration form by providing their name and a valid e-mail address and setting up a password and the PIN code.

  3. After the registration form is filled in, an e-mail which contains instructions for confirming the account registration shall be sent to the address provided.

  4. As a result of correct registration, the Service Provider shall create a User Account assigned to the e-mail and password submitted in the registration form.

  5. After the User Account is registered it must be configured by creating a Child Profile, i.e. entering the name of the person on whose mobile device the Child App is to be installed, submitting the child’s age/year of birth.

  6. After installing the Child App on the Child’s Device, the User’s login and password must be entered to associate the device with the User Account. If the User creates more than one Child Profile, after the Child App is installed on the Child’s Device, the User must indicate with which Child Profile the device is to be associated.

 
§4 Conditions of using the Services

  1. The Service Provider shall be under the obligation to provide Service within the Product on terms stipulated herein.

  2. The contract for providing web-based services between the User and the Service Provider shall be concluded upon a successful registration in the Product.

  3. The Service Provider shall not be a provider of data transfer services (internet service provider), or telecommunication services, which are rendered by providers of publicly available telecommunication services.

  4. The Service Provider shall have the right to modify the technical method of rendering the Service, as per the conditions and scope resulting from the authorizations held by the Service Provider, with no detriment to the quality of Service and with no impact on the rights and obligations of the parties.

 
§5 Scope of the Services

  1. Under the contract, the Service Provider shall render the following payable Service to the User on conditions stipulated herein: making SafeKiddo Mobile App available via the internet and providing server capacity to store data processed by SafeKiddo Mobile App and the Website.

  2. The scope of Service rendered by the Service Provider shall include enabling the User the supervision over (and is not limited to) the following actions on Child’s Device: the viewed internet content, the mobile apps run, the time of internet access through the Child’s Device, the location of the Child’s Device, as well as receiving and sending SOS messages from the Child’s Device, displaying reports on the use of the Child’s Device.

  3. The User may define in advance selected websites or website categories and applications which may be viewed or run on a given Child’s Device or may not be viewed or run on a given Child’s Device, or may allow access to individual websites or usage of individual mobile applications after obtaining a request to access such website or mobile application from the Child’s Device.

  4. The User may receive the following notifications and information to the submitted e-mail:

    1. information that the User Account is registered in the Product,

    2. notification of Child App’s requests,

    3. notification of state of SafeKiddo Mobile App,

    4. information about new services, features and promotions in the Service and SafeKiddo Mobile App,

    5. information about subscription status and upcoming renewals,

    6. other, based on Service, Product and SafeKiddo Mobile App features.

  5. For a detailed description of the Product and hints on Service configuration please go to www.safekiddo.com or other related web sides.
 
§6 Technology limitations and modifications

  1. Service Provider will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions.

  2. In the event of technical break lasting longer than 24 hours, the subscription period will be extended accordingly.

  3. The Service Provider shall not be responsible for non-performance or improper performance of the Service for reasons attributable to third parties or due to force majeure.

 
§7 Rules of using the Product
  1. The User shall be under the obligation to:

    1. use the Product in a way which does not disrupt its operation;

    2. provide true, current and accurate information which is not misleading or does not infringe the rights of third parties;

    3. update the information provided in the registration form;

    4. keep the password and login secret and not share it with third parties;

    5. provide only the legal content;

    6. not engage in activities aiming to infringe the safety of data processed in the Product, not attempt unauthorized access to the Product, and not engage in other activities aiming to disrupt the correct operation of the Product;

    7. use the Product as intended, that is to control internet access of Child User, with full respect of the right to privacy and telecommunication secrecy of Child User;

    8. pay for the Service in due time;

    9. comply with legal regulations.

  2. If it is found that the User infringes these Terms & Conditions, and in particular infringes any of the provisions described in item 1 above, the Service Provider may immediately block or delete the User Account, or limit the possibility to use the Product. The Service Provider may immediately block the possibility to use the Product also in the following cases, among others:
    1. if the Service Provider discovers that the User was deprived of parental authority/guardianship, or that it was limited, over the Child User,
    2. if the Service Provider finds out that the User installed the Child App on a device of a person who is not under the User’s parental authority/guardianship and who did not consent to the installation.

  3. Removal or blocking the User Account in situations described in this section shall be equal to immediate termination of the contract for providing Service, to which the Service Provider is entitled.

  4. If the User entrusts the Child’s Device to a person under the User’s parental custody/guardianship, the User shall be responsible for using this device by that person, and the User shall control and supervise the way the device is used by that person, which in particular consists in ensuring that the person does not entrust the device to persons other than the User or use the device to engage in illegal activities. The User shall not make the Parent’s Device available or entrust it to any other person.

  5. The User represents and guarantees that he/she is authorized to convey to the Service Provider the data generated in the course of rendering Service for processing, including the list of websites viewed on the Child’s Device as well as dates and times of access to such websites or applications. The User represents that he/she holds appropriate consents of the persons whose personal and other information the User submits for processing, and that those activities do not infringe any legal regulations or personal rights of third parties. The User shall have the obligation to indemnify the Service Provider against any liability at his first request if any claims of third parties in the above respect arise and reimbursement of any related costs.

  6. The User represents and shall have the obligation to ensure that only the User shall have access to the data referred to in the above item 5 provided to the User as part of the Service.

  7. The User shall be under the obligation to use the Service only as means of parental authority or guardianship over an underage person, i.e. exercising custody over that person with respect for the person’s dignity and rights, and without activities that would infringe the rights of third parties in any way, that is to say the User may use the Service only as a particular way of exercising legal parental authority or guardianship or after the consent of adult Child User .

  8. The Service shall only be made available on condition that the User utilizes it in compliance with these Terms & Conditions.

  9. Using the Service to commit or attempt to commit any criminal act shall constitute a flagrant breach hereof. If the Service Provider has grounds for suspecting such behavior, the Service Provider shall forthwith notify relevant law enforcement agencies and terminate the Service.

  10. If there are reasonable doubts as regards the authenticity of the data submitted by the User, the Service Provider shall have the right to limit the possibility of using the Product by the User until the data is verified.

  11. The User shall be solely liable for disclosing the login and password to other persons. The User shall be under the obligation to immediately inform the Service Provider about every case of disclosing the login or password to a third party, and about every case of infringing the rules set forth herein.

 
§8 Fees and costs

  1. Subject of the provisions of clause 2 below, using the Product and Service is free for the first 14 days after User Account registration. After 14 days, the User receives a bonus in the form of additional free 7 days, which is a reminder for the User of the necessity of adding the correct payment method. In order to use the Product and Service after the expiry of the above period, the User is required to pay the subscription fee .

  2. The selection of the appropriate payment method is made by entering the User’s credit card details on the User Account via the Website or by selecting a subscription service as part of the Parent App, including the App Store, Google Play and HUAWEI IAP – depending on the platform through which the User decides to pay for the subscription. If the User selects the payment method before the expiry of the period during which the use of the Product and Service is free of charge, referred to in clause1 of this paragraph, the User loses the right to use the Product and Service free of charge, and from that moment the Product and Service are used on the basis of a subscription.

  3. The Payment Method chosen to pay for the Service cannot be changed within one User Account.

  4. The subscription for using the Product shall be available in three plans:
    1. “Child” package – allows creating an unlimited number of Child Profiles to which a maximum of two Child Devices may be associated with the User Account
    2. “Family” package – allows for creating an unlimited number of Child Profiles, and a maximum of five Child Devices may be associated with User Account.
    3. “Family+” package – allows for creating an unlimited number of Child Profiles, and a maximum of fifteen Child Devices may be associated with User Account.

  5. The subscription fee shall be collected in advance for the chosen period. The subscription period starts in the moment of receiving payment by the Service Provider and ends in the last day of subscription period. After the end of that period a fee for the next period shall be automatically collected in advance, unless the User has turned off automatic payment.

  6. The current costs of the individual plans are indicated in web application, App Store, Google Play and HUAWEI IAP.

  7. The User may download the invoice for a given billing period from the user account on my.safekiddo.com.

  8. Using the Product may entail additional payments, e.g. data transfer costs. The Service Provider shall not be responsible for any additional payments charged to the User by mobile network operators and internet service providers.

 
§9 The term of the contract and termination of the Service

  1. At the time of installation of SafeKiddo Mobile App on the Parent’s Device, the User acquires the license to use the SafeKiddo Mobile App for the purpose for which it is intended, under the conditions specified in the Terms and Conditions. At this moment the contract for rendering Service within the Product is also concluded for period specified in § 8.1 Terms and Conditions. In case of paying the subscription, the contract for rendering Service within the Product is concluded for the duration of the subscription. The contract for rendering Service within the Product may be extended multiple times for subsequent subscription periods.

  2. The User may terminate the contract for rendering Service within the Product at any time, especially within 21 days after User Account registration.

  3. In order to terminate the contract, the User should delete his/her User Account through the Website and unsubscribe via App Store, Google Play or Huawei IAP services (if the User paid for the Service via App Store Google Play or Huawei IAP). In order to delete User Account through the Website, the User should open https://my.safekiddo.com/user and delete his/her account.

  4. The contract may be terminated by the User: (a) immediately – if 21 days have not elapsed since the User Account was registered and the User has not paid the subscription and has deleted User Account (in this case the contract is terminated with a moment the User Account is deleted), (b) immediately – after the subscription period has expired, if the User has not paid the subscription and has deleted User Account (in this case the contract is terminated with a moment the User Account is deleted), (c) immediately – if the User has deleted User Account during the subscription period.

  5. The contract may be terminated by the Service Provider immediately in the event of removal User Account by the Service Provider in any situation described in § 7.2 Terms and Conditions or point 7 below.

  6. In case of termination the contract during the subscription period by the User (in accordance with point 4 above) or by the Service Provider (in accordance with point 5 above) The Service Provider shall not return the costs for the unused period of access to the Product paid for in advance.

  7. The Service Provider has right to delete User Account, if the User has not paid the subscription for at least 3 months in a raw.

  8. At the time of removal User Account, all data stored in the User Account shall be deleted.

  9. The User may suspend the use of the Service by not paying the subscription for the next subscription period. In this case, the Service is not provided but the User has access to the User Account (only “Settings” and “Subscription” tabs). In this case the User does not have the access to the data concerning the Child’s Device. All datais stored in the User Account until it is deleted according the point 7 above. At this time the User may pay the subscription payment and use the Service again.

 
§10 Intellectual property rights, licence for using the Mobile App

  1. The Service Provider shall grant the User a payable, non-exclusive, non-transferrable, limited in time to the period equal to the term of the contract for rendering Service, license for installation and use of copies of SafeKiddo Mobile App along with the Product for the purposes indicated herein. This license to use SafeKiddo Mobile App shall lapse automatically upon the dissolution or termination of the contract for rendering Service.

  2. The User may temporarily copy a SafeKiddo Mobile App only for the User’s own use, for the purpose of recording it to the Child’s Device or Parent’s Device, installing, running, using, or storing and viewing the SafeKiddo Mobile App on the Child’s Device or Parent’s Device.

  3. The Service Provider shall not consent to:

    1. placing SafeKiddo Mobile App on the market by the User, making them available, distributing, lending, renting, leasing, or transferring any rights to SafeKiddo Mobile App to third parties;

    2. using reverse engineering techniques, decompilators, disassembly, or attempting to obtain the source code of SafeKiddo Mobile App;

    3. modifying, altering, or creating any derivative works basing on SafeKiddo Mobile App;

    4. using SafeKiddo Mobile Apps or a part thereof in another computer program;

    5. deleting or modifying any SafeKiddo Mobile App designations.

 
§11 Responsibility

  1. The Service Provider shall not be responsible for Product malfunctions caused by force majeure. A force majeure event shall be any event outside reasonable control of the Service Provider. If a malfunction occurs the Service Provider shall inform the User about its reasons by e-mail, provided the technical possibilities allow that.

  2. The Service Provider shall endeavor to ensure that the maintenance works of the Product it conducts or commissions are performed in a way which minimizes any inconvenience in using the Product by the User.

  3. If the Service Provider needs to conduct or commission technical maintenance of the Product, or perform other work concerning the Product, which causes an inconvenience in using the Product by the User, i.e. makes it temporarily impossible to access the Product or limits the access thereto, the Service Provider shall be under the obligation to notify the User, to the extent it is possible, in advance about such fact in the form of an information placed on the Product Website from time to time.

  4. The Service Provider shall not be responsible for technical issues, including delays in data transfer on the part of devices belonging to the User, as well as equipment, information systems and computer and telecommunication networks belonging to mobile network operators and internet service providers.

     

     

  5. The Service Provider shall not be responsible for any incorrect, i.e. incompliant with the Terms & Conditions, or illegal use of the Product by the User, especially infringement of personal rights of third parties by the User.

     

  6. The User shall indemnify the Service Provider against any responsibility resulting from claims of third parties relating to infringement of their personal rights by the User utilizing the Product or to infringement of intellectual property rights connected with the content and software which is not made available by the Service Provider.

 
§12 Personal data protection and cookies

  1. The User should inform the person on whose mobile device the Child App is installed that such installation was performed, and describe the functionalities of the App. In particular, the User should inform such person that the User will obtain information on what websites are viewed and what applications are run on the device. In case the Child App is installed on the adult’s device, the User should obtain the consent of that person.

  2. Providing User’s personal data mentioned in § 3.1 Terms and Conditions is voluntary but necessary to create a User Account and use the Service.

  3. The administrator of the User’s personal data is Service Provider, i. e. SafeKiddo spółka z ograniczoną odpowiedzialnością sp. k. with its registered office in Warsaw (02-777), Aleja Komisji Edukacji

    Narodowej 93, Poland. For full information on protection of personal information go to Privacy Policy.

  4. For information on cookies used by the Product go to Cookie Policy.

§13 Claims and contact with the Service Provider

  1. The User shall have the right to submit claims in situations determined by the current legal regulations, especially in the case of any incorrectness in the operation of the Product or incompliance of the Service with these Terms & Conditions.

  2. Claims may be submitted by e-mail to the Service Provider’s address or to his correspondence address indicated in § 1 item 12 herein.

  3. A claim should at least include the User’s first and last name, the e-mail address under which the User utilizes the Product, a detailed description of the problem, and the postal address of the User (if the claim is submitted by mail).

  4. If the information provided by the User is insufficient or requires complementary/more detailed data, the Service Provider shall ask the User filing the claim for such data, and the moment of filing the claim shall be the date when the Service Provider obtains the complementary/more detailed data allowing for investigating the claim.

  5. The Service Provider shall investigate the claim within 14 days from obtaining it, and the User shall be forthwith informed about its result.

  6. All questions and remarks shall be directed to the Service Provider’s e-mail address indicated in § 1 item 12.

§14 Final provisions

  1. The content hereof shall be made available to all User on the website www.safekiddo.com/privacy-policy/, and also through SafeKiddo Mobile App.

  2. If the provisions hereof contradict strictly applicable legal regulations, such regulations shall be effective instead of the provisions hereof, and all other provisions hereof shall remain unchanged.

  3. The Service Provider shall have the right to amend these Terms & Conditions at any time. Changes hereto shall be in force from their publication on the website www.safekiddo.com/privacy-policy/. To the User, who paid for the subscription before the publication of changes of these Terms & Conditions, changes apply from the day after the end of the current subscription, unless the User terminates the contract.

  4. Should any provision of the Terms & Conditions be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforlication of that provision shall be enforced to the extent permitted by law.