Terms & conditions of using SafeKiddo
- 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.
- Child App – the SafeKiddo Mobile App for mobile devices used by underage persons over whom a parent (guardian) exercises parental authority (custody).
- 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.
- 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.
- Child Profile – a profile of an underage person created and registered by the User within the User Account for managing the Child App.
- Terms & Conditions – these Terms and Conditions of using the Product.
- 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 Services offered and provided via electronic means by the Service Provider in accordance with the Terms & Conditions.
- Website – the internet site available at www.safekiddo.com, safekiddo.com and my.safekiddo.com.
- 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.
- 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.
- Service – an individual service which may be rendered by the Service Provider for the Users within the Product.
- Service Provider – SafeKiddo Ltd. with its registered office in London, 85 Great Portland Street, W1W 7LT London, United Kingdom, VAT ID: 216308629, firstname.lastname@example.org
- User – a person who registered an account in the Service.
§2 General provisions
- These Terms & Conditions shall determine the conditions of rendering services available within the Product, including services rendered via SafeKiddo Mobile Apps and the Website.
- Only natural persons having legal capacity may be the Product Users.
- The product is intended for users who exercise parental authority or guardianship over underage persons. The User has the right to install the Child App on mobile devices of such underage persons.
- The User, before concluding the agreement for providing Services, shall be under the obligation to register in the Product, pay for the Services, and accept these Terms & Conditions.
- The User shall be under the obligation to observe the provisions hereof.
§3 Registration and activation of the Services
- User Accounts 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.
- 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.
- 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.
- 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.
- 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.
- After installing the Parent App on a mobile device, the User’s login and password must be entered to associate the device with the User Account.
§4 Conditions of using the Services
- The Service Provider shall be under the obligation to provide Services within the Product on the conditions stipulated herein.
- The Contract for providing web-based services between the User and the Service Provider shall be concluded upon a successful registration in the Product.
- 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.
- The Service Provider shall have the right to modify the technical method of rendering the Services, as per the conditions and scope resulting from the authorisations held by the Service Provider, with no detriment to the quality of Services and with no impact on the rights and obligations of the parties.
§5 Scope of the Services
- Under the contract, the Service Provider shall render the following payable Services to the User on conditions stipulated herein: making SafeKiddo Mobile Apps available via the internet and providing server capacity to store data processed by SafeKiddo Mobile Apps and the Website.
- The scope of Services rendered by the Service Provider shall include enabling the User control over: the viewed internet content, the mobile apps run, and the time of internet access through the Child’s Device.
- 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 allow access to individual websites or use of individual mobile applications from time to time after obtaining a notification on an attempt of accessing such website or mobile application from the Child’s Device.
- The User may receive the following notifications and information to the submitted e-mail:
- information that the User Account is registered in the Product,
- notification about Child requests,
- notification about state of SafeKiddo Mobile Applications,
- information about new services,features and promotions in the Service and SafeKiddo Mobile Applications,
- information about subscription status and upcoming renewsls,
- other, based on Service, Product and SafeKiddo Mobile Applications features.
- 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
- 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. Service Provider reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Spotify Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Service or any function or feature thereof. You understand and agree that Service Provider has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
§7 Rules of using the Product
- The User shall be under the obligation to:
- use the Product in a way which does not disrupt its operation;
- provide true, current, and accurate information which is not misleading or infringing the rights of third parties;
- update the information provided in the registration form;
- keep the password and login secret and not share it with third parties;
- provide only legal content;
- not engage in activities aiming to infringe the safety of data processed in the Product, not attempt unauthorised access to the Product, and not engage in other activities aiming to disrupt the correct operation of the Product;
- use the Product as intended, that is to control internet access of persons under parental authority or guardianship of the User, with full respect of the right to privacy and telecommunication secrecy of underage persons;
- pay for the Services in due time;
- comply with legal regulations.
- If it is found that the User infringes these Terms & Conditions, and in particular engages in activities 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 in the following cases, among others:
- if the Service Provider discovers that the User was deprived of parental authority/guardianship, or that it was limited, over the person on whose mobile device the Child App controlled by the User is installed,
- 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.
- Removal or blocking the User Account in situations described in this section shall be equal to immediate termination of the contract for providing Services, to which the Service Provider is entitled.
- 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.
- The User represents and guarantees that he/she is authorised to convey to the Service Provider the data generated in the course of rendering Services 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.
- 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.
- The User shall be under the obligation to use the Services 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 Services only as a particular way of exercising legal parental authority or guardianship.
- The Services shall only be made available on condition that the User utilizes them in compliance with these Terms & Conditions. Only using the Services in that way excludes any possibility of committing a crime.
- Using the Services to commit or attempt to commit any criminal act shall constitute a flagrant breach hereof. If the Service Provider has grounds for suspecting such behaviour, the Service Provider shall forthwith notify relevant law enforcement agencies.
- 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.
- 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
- Using the Product and Services is free for the fist 14 days after User Account registration. After that time, the User is required to pay the subscription fee or use the “Free” version.
- The subscription for using the Product shall be available in two versions:
- “Child” package – allows for creating a single Child Profile to which a maximum of two Child Devices may be associated with User Account,
- “Family” package – allows for creating an unlimited number of Child Profiles, and a maximum of five Child Devices may be associated with User Account.
- “Family+” package – allows for creating an unlimited number of Child Profiles, and a maximum of fiveteen Child Devices may be associated with User Account.
- The „Free” version is provided with limited functionality without subscription fee. List of limitation is provided below:
- User may have maximum 1 device assigned
- Blocking of internet pages browsed on Child’s Device is limited only to pages provided by the User, content categories are not processed
- In Child App screen time managemet features are not available
- User does not have access to applications time management functions on Website and Child App
- User does not have access to internet time management functions on Website and Child App
- User does not have access to Parent App
- User does not have access to web browsing history on Child’s Device
- User does not have access to applications use history on Child’s Device
- User does not have access to Child’s Device localization functions
- The subscription fee shall be collected in advance for the chosen period (a month or a year). After the end of that period, a fee for the next period shall be automatically collected in advance.
- At the User’s request, the Service provider shall issue a VAT invoice for rendering Services. To that end, the User should send the Service Provider an e-mail to the address: email@example.com, containing the User’s login, address information, and the Tax Identification Number, as well as information on whether the invoice should be issued in paper or electronic form.
- 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
- The contract for rendering Services within the Product shall be concluded for an indefinite period starting on the day the User pays the subscription fee.
- The User may terminate the Services rendered within the Product at any time.
- In order to terminate using the Product, the User should delete his/her User Account through the Website, or send a written declaration to the Service Provider’s correspondence address provided in § 1 item 12.
- The termination of Services shall be effective as of the moment the User Account is deleted. The Service Provider shall not return the costs for the unused period of access to the Product paid for in advance.
§10 Contract termination
- The User shall have the right to terminate the contract without providing grounds within 14 days from its execution. To that end, the User should submit a relevant written declaration by sending it to the Service Provider’s correspondence address indicated in § 1 item 12 hereof, and it shall be enough to send the declaration before the above deadline. The Service Provider shall then return the paid subscription fee to the bank account indicated by the User. If the fee is paid by payment card, the funds shall be returned directly to the User’s payment card.
- The above right shall lapse if the User, by own actions, starts using the Product before the end of the 14-day period for contract termination.
§11 Intellectual property rights, licence for using the Mobile App
- 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 Services, licence for installation and use of copies of SafeKiddo Mobile Apps along with the Product for the purposes indicated herein. This licence to use SafeKiddo Mobile Apps shall lapse automatically upon the dissolution or termination of the contract for rendering Services.
- 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.
- The Service Provider shall not consent to:
- placing SafeKiddo Mobile Apps on the market by the User, making them available, distributing, lending, renting, leasing, or transferring any rights to SafeKiddo Mobile Apps to third parties;
- using reverse engineering techniques, decompilators, disassembly, or attempting to obtain the source code of SafeKiddo Mobile Apps;
- publishing comparisons of SafeKiddo Mobile Apps with other computer programmes;
- modifying, altering, or creating any derivative works basing on SafeKiddo Mobile Apps;
- using SafeKiddo Mobile Apps or a part thereof in another computer programme;
- deleting or modifying any SafeKiddo Mobile Apps designations.
- 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.
- The Service Provider shall endeavour 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.
- 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 Users, 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 Users, 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.
- 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.
- 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.
- 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.
§13 Personal data protection and cookies
- 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.
§14 Claims and contact with the Service Provider
- 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 Services with these Terms & Conditions.
- Claims may be submitted by e-mail to the Service Provider’s address or to his correspondence address indicated in § 1 item 12.
- 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).
- 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.
- The Service Provider shall investigate the claim within 14 days from obtaining it, and the User shall be forthwith informed about its result.
- Any claims caused by non-compliance with these Terms & Conditions shall not be investigated.
- All questions and remarks shall be directed to the Service Provider’s e-mail address indicated in § 1 item 12.
§15 Final provisions
- The content hereof shall be made available to all the Users on the Website www.safekiddo.com/en-privacy-policy/, and also through SafeKiddo Mobile Apps.
- 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.
- 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/en-privacy-policy/. In the event any changes are introduced hereto, the User shall be bound by new provisions hereof unless the User terminates the contract for rendering Services within 30 days from the date the changes are published on the above webpage.
- 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 unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.