KidCall Terms & Conditions

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Last updated: November 16, 2021

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These Terms govern:

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• the use of this Application, and,

• any other related Agreement or legal relationship with the Company in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

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Please read these terms and conditions carefully before using Our Service.

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Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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Definitions

For the purposes of these Terms and Conditions:

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• Advertising refers to the services or access to the Service offered on an advertising supported basis by the Company to You.

• Account means a unique account created for You to access our Service or parts of our Service.

• Account Administrator means the parent or legal guardian of a child who is the sole Account owner.

• Affitiate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Application means the software program provided by the Company downloaded by You on any electronic device, named KidCall.

• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to KidCall LLC, P.O. Box 285, Winchester, MA 01890.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

• Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

• Service refers to the Application.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. 

• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

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Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

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Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

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By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

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You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service without parental consent.

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Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the End User License Agreement and Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

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User Accounts & Permitted Use

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

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Downloading the Application

Prior to any registration on the mobile Application, the Account Administrator must download the Application. The Application is available to be downloaded through the Application Store to a tablet or smartphone (hereinafter the Device). It is only possible to install a single Application per Device.

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Account Administrator Registration

Once the Application is installed on the Device, any person who wants to use the Service must register and create a profile containing their Personal Data. Registration of the Account Administrator is required. To register, the Account Administrator must either sign in using a Third-Party Social Media Service Account or give a name, email address, and create a password to enable the creation of an Account after activation and acceptance of the Terms and Conditions, End User License Agreement and Privacy Policy. Personal Data in relation to the Account Administrator is processed in accordance our Privacy Policy. Such Data are strictly personal and non-transferable. The Account Administrator guarantees that they over 18 years of age and that their identification details are correct. They also guarantee that the provisions of the present Terms and Conditions are compatible with any and all laws and statutes that apply to them, and that they may freely accept the Terms and Conditions. An email is sent by Us to the address indicated by the Account Administrator in order to confirm the registration. The Account Administrator may then access their Profile via the Application.

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Passwords

You (the Account Administrator) are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

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You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

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You alone are responsible for the confidentiality of the password and release KidCall and its Affiliates from any responsibility in this respect. You must undertake to change Your password periodically and if it is suspected that the password confidentiality has been compromised.

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Account Management Tasks for Account Administrator

• Changing the name, email, and/or login password of the Account Administrator.

• Setting and maintaining a confidential Parental Pin Code.

• Setting a profile image for the Account Administrator.

• Adding, editing, or deleting an additional Parent or Guardian Profile.

• Adding, editing, or deleting Child Profiles and creating a Child Profile Avatar.

• Setting call time limits for Child Profiles.

• Selecting a subscription to Our Premium Service.

• Sending and/or approving inbound connection requests from Friends (other child profiles), Family (father or mother), or Relatives (grandparents, uncles, aunts, cousins, etc.).

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Adult Profile Images

Profile Images (photographs) for themselves can be uploaded by the Account Administrator or other Family or Relatives that are over the age of 18. The Profile Image is used to help a Child using the Application to identify an Authorized Adult that they may interact with. You authorize the use of the photograph You uploaded when registering and any other image later uploaded or provided by You. You can, at any time, select another photograph or image for Your account profile.

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Child Profile Avatars

Account Administrators, when setting up a Child Profile, can choose to create an avatar with the Child’s likeness. The avatar is a digital representation of the Child’s appearance. The Account Administrator can create the avatar by choosing the gender, skin color, eye color, hair color and hair style from a selection of digitally drawn facial features. The final representative avatar is cartoonlike so that the Child cannot be identified in real life.

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Contact List of Friends, Family, and/or Relatives

Once registered, only the Account Administrator can add Friends, Family or Relatives. These contacts are added to the Account Administrator and Child contact list after acceptance from the contact or of an invitation from the Account Administrator. The invitation is sent directly to the Contact either via SMS and/or Messenger notification or via an invite notification within the Application. The invited contact must download the Application and have access to the internet to use the Services. The contact must confirm their identity and agree to be among the Account Administrator Friend, Family or Relative contacts. The contact must also confirm acceptance of the present Terms and Conditions, End User License Agreement, and Privacy Policy in order to be registered.

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Parental Pin Code

The Account Administrator is asked to enter a 6-digit Parental Pin Code of their choosing whenever they wish to access a restricted area of the Application, or approve an outgoing or incoming connection request. This is to prevent Children who are using the Services from adding unknown contacts or gaining access to the restricted area.

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Video Calls

Friends, Family and Relatives who are approved to call one another by the Account Administrator can initiate video calls with each other and initiate premium content and games after the call is connected. Media is encrypted end-to-end (E2E) using WebRTC security protocols. We do not mediate in the media exchange, which takes place through direct communication between the callers. As We do not intercept the media, it is not possible to record or to transcode the media or to make it interoperate with other RTC services.

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Advertising

An advertising supported version of the Service is available which allows use of Our Service with limited call minutes, limited access to premium games and content, and limited Friend, Family and Relative connections. We use Service Providers to show advertisements to You to help support and maintain Our Service. All advertising is age-appropriate for children 13 years of age or younger.

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Subscriptions

Subscription Period

We offer paid Subscription though the Apple or Google Play in-app purchase system which will require your Apple or Google password to be entered before purchase. If You subscribe to our Service and opt into a paid Subscription, You may use the Service with unlimited call minutes, access all premium games and content, have unlimited Friends, Family and Relative connections, and use the Service advertising-free with no in-app purchases. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

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At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

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A paid Subscription is shared with the other caller during the call, so non-subscribed contacts can access all premium content and games during the call with a paid Subscriber.

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You may manage subscriptions & turn off auto-renewal by going to Settings after purchase.

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Subscription Cancellations

You may cancel Your Subscription renewal either through Your Apple or Google settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

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Canceling a subscription will immediately end access to all premium content and games.

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You must Cancel at least 24 hours before the current billing period ends to avoid renewal charges.

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Billing

Payment will be charged to Apple iTunes or Google Play Account for mobile app subscriptions. It is your responsibility to ensure your payment information is up to date with these Service Providers so your Service is not interrupted or canceled.

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Fees & Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

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The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

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Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

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Fees listed on other websites may not be accepted. We may sell Our products through other channels, and We do not control when they are updated. We reserve the right not to accept a price listed from another source other than our own.

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Refunds

Except when required by law, paid Subscription fees are non-refundable.

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Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

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Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

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You will be required to Subscribe via Apple or Google Play in order to sign up for the Free Trial.

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If You do Subscribe when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

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At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

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Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

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The Service is protected by copyright, trademark, and other laws of both the State of Massachusetts, United States of America and foreign countries.

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Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

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Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

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Links to Other Websites

Our Application does not contain links to third-party web sites or services that are not owned or controlled by the Company.

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Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.

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The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

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We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

 

COPPA (Children’s Online Privacy Protection Act)

Our Service follows COPPA rules as no personal information is collected directly from Children. All data is collected and input directly and only from the Account Administrator, who guarantees that they exercise parental or legal guardian authority over the Child. Personal data relating to Children is not communicated to any third parties without the express consent of the Account Administrator in accordance with Our Privacy Policy, End User License Agreement, and these Terms and Conditions.

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Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

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Upon termination, Your right to use the Service will cease immediately. 

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If You wish to terminate Your Account, You may do so at any time and the Account Administrator may, at any time, terminate their account, free of charge and without compensation, by using the Application. If a User does not have the Application, they must ask Us for termination at the address support@kidcall.app. Termination by email may take up to 7 days. The deletion of the Application from the Devices does not result in termination from the Services.

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Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

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To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

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Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

 

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

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Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

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Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

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Governing Law

The laws of the State of Massachusetts, United States of America, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

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Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

 

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

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United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

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United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

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Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

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Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

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Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

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Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

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By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

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By email: support@kidcall.app

By visiting this page on our website: https://www.kidcall.app/contact

By mail: KidCall LLC, P.O. Box 285, Winchester, MA 01890

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