Kidiosity Terms of Use

Last Updated: December 30, 2020

Please enjoy the activities offered by Kidiosity, and use common sense when performing them. Kidiosity is not liable for any consequences arising from attempting an idea suggested by Kidiosity. If you are not sure your child is able to perform the steps indicated in an activity, please refrain from doing it.

Acceptance of the Terms of Use

These Terms of Use ("Terms" or "Agreement") represent an agreement made between you and Kidiosity, LLC ("Company", "we", "us", or "our"). These Terms govern your access to and use of the Kidiosity website(s), products, services and applications (the "Services").

Please read the Terms carefully before you use the Services. By using the Services and/or checking a box that states that you accept or agree to these Terms of Use, you accept and agree to be bound by these Terms and our Privacy Policy, found at www.kidiosity.com/privacy. If you do not agree to these Terms or the Privacy Policy, you may not use the Services.

By using the Kidiosity mobile application (the "App"), you also accept and agree to be bound and abide by the End User License Agreement found further down in these Terms.

The Services are available to users who reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the necessary eligibility requirements. If you are not of legal age, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Services and they must agree to these Terms of Use in order for you to use the Services.

The Services are controlled, operated and administered by Kidiosity from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Kidiosity Content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Access to the Services

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of a Service is unavailable at any time or for any period, and we make no promise that the service will always be available uninterrupted.

To access the Services, you may be asked to provide certain registration details or other information. You agree to provide true, accurate, current and complete information about yourself and to keep such information up to date and current at all times. You are responsible for ensuring that all persons who access the Services through your username and password are aware of and comply fully with these Terms.

Account Security

Your user account is personal to you, and you are responsible for maintaining the confidentiality of your username and password. You agree not to provide any other person with access to Services or any portions of them using your username and password, or other secured login information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

You agree not to circumvent log in, password, or other protections put in place to restrict access to certain parts of the Services.

Cost

We charge fees for using the Services, although we may offer limited-time free or promotional use of the Services. We will notify you before any Services you are then using begin carrying a fee or increase in price, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.

1. Paid Services. Certain of our Services may be subject to fees now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms. For example, some Paid Services will charge a fee for downloading or installing the Services through the applicable app store linked to your specific device. You agree to comply with, and your license to use our mobile application ("Kidiosity App") is conditioned upon your compliance with, such app store terms and conditions. Any refunds relating to the Kidiosity App or inquiries regarding refunds relating to the Kidiosity App shall be handled solely by the applicable app store in accordance with such app store’s terms and conditions. We are not responsible for any error by, or other acts or omissions of, any app store. By choosing to use Paid Services, you agree to pay all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms.

2. In-App Purchases. Through our Kidiosity App, you may purchase certain goods or features designed to enhance the performance of the Services ("In-App Purchase"). When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html). Kidiosity is not a party to any In-App Purchase.

3. Recurring Billing. Some of the Paid Services may consist of an initial free or introductory promotional period, for which there may be a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, VISIT YOUR PLAN IN THE KIDIOSITY SETTINGS.

4. Auto-Renewal for Paid Services. Unless you opt out of auto-renewal, which can be done through the subscription management section of the applicable App Store or by visiting Your Plan in the Kidiosity Settings, any Paid Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate, provided that you will receive notice of any increases in rates prior to being charged. To manage your Paid Services at any time, manage your subscription in the subscription management section of the applicable App Store or visit Your Plan in the Kidiosity Settings. If you terminate a Paid Service, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable Paid Service through the subscription management section of the applicable App Store or, through Your Plan in the Kidiosity Settings, or terminate your Kidiosity account before the end of the recurring term. Paid Services cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, we will not refund any fees that you have already paid.

5. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT THE SUBSCRIPTION MANAGEMENT SECTION OF THE APPLICABLE APP STORE OR FROM YOUR PLAN IN THE KIDIOSITY SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU CONTINUE TO BE LIABLE FOR ALL CHARGES THAT ACCRUE, INCLUDING ANY APPLICABLE INTEREST DUE FOR LATE PAYMENTS.

6. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service automatically renews for the period selected and at the fees selected at the time you sign up for and agree to such promotion. If you cancel prior to the end of the trial period, you will not be charged thereafter. For any questions about charges, please contact us at [email protected]

Use of Payment Information

If you provide credit or debit card information, we use this information as described in our Privacy Policy. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party payment processors. Further, by providing credit or debit card information, you represent, warrant and covenant that: (i) you are legally authorized to provide such information, (ii) you are legally authorized to initiate payments from the credit or debit card account(s), and (iii) such action does not violate the terms and conditions applicable to your use of such credit or debit card account(s) or applicable law.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Nothing stated or implied in the Services is designed to grant you or any other party any license or right under any copyright or other intellectual property rights of ours or any of our third party providers or to use any names, logos, pictures, trademarks or other works or content featured in the Services.

You are permitted to use the Services for information purposes and for your personal, non-commercial private use. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any of the material or Services or otherwise use the content for any other purpose other than as expressly permitted herein, with the following exceptions:

You Must Not

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately and you must, at our request, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

Additionally, you agree not to:

User Contributions

To the extent you are permitted to submit user content via the Services ("User Contributions"), you agree that any such user content submitted by you (i) will not infringe on the intellectual property rights of others; (ii) does not contain viruses, malware, spyware, spam, or any other injurious software or coding; and (iii) is not illegal, obscene, pornographic, defamatory, false, an invasion of privacy, or promotive of illegal activity or harm to yourself or others. We shall have no liability or responsibility for user content. However, we maintain the right to:

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Copyright Infringement

If you believe that your work has been used or copied in a way that constitutes copyright infringement, please notify us in writing by submitting the following: