KinderMate Terms of Use

Last Updated: December 27, 2023

Welcome to KinderMate!  If you are a child (under the age of 18) please review these Terms of Use with a parent.  If you are a parent, please supervise your children’s use of KinderMate and discuss the rules provided below with them. 

This Terms of Use Agreement (“Agreement”) has been prepared as a legally binding agreement between you (along with your children, collectively, “you” or “your”) and KinderMate Inc., a Delaware corporation (along with its affiliates, collectively, “KinderMate,” “us,” “our,” or “we”). You and KinderMate collectively referred to as the “Parties”.

KinderMate makes its websites (collectively, the “Site”) and its applications (collectively, the “App”) that link to this Agreement (the Site together with the App, collectively, the “Service”) available for your use subject to the terms and conditions in this Agreement. 

BY ACCESSING OR USING THE SERVICE IN ANY WAY, YOU AGREE TO AND ARE BOUND BY THIS AGREEMENT, AND IF YOU DO NOT ACCEPT ANY OF THE TERMS OF THIS AGREEMENT OR YOU DO NOT MEET OR COMPLY WITH THEIR PROVISIONS, YOU MAY NOT USE THE SERVICE.

IMPORTANT NOTICES:

· Your use of the Service is subject to an arbitration provision in Section 11 of this Agreement, requiring all claims to be resolved by way of binding arbitration.  Please carefully review Section 11 of this Agreement for more information.

· KinderMate does not make any representations or warranties about any content, whether text, photos, or videos, accessed through the App.  Although the App uses an algorithm (which we are constantly working to improve) to filter out inappropriate content for children, there is no substitute for a parent’s judgment.  We strongly recommend that parents do not rely solely on the algorithm’s content filtering to prevent their children from accessing inappropriate content on the Internet. For that reason, we provide parental access controls to help parents further block access to sites and contents inappropriate for their children.

1. Your Rights to Access and Use the Service

            A.  Our Intellectual Property Rights in and to KinderMate Technology

The Service and all related content and materials (excluding Submitted Content (defined below)), the designs of each of the foregoing (collectively, the “KinderMate Technology”), and any and all intellectual property rights in the foregoing, as between KinderMate and you, shall at all times remain the exclusive property of KinderMate and its third-party licensors. Any third-party software included in the Service is licensed subject to the additional terms of the applicable third-party license.  You are not acquiring any rights in or to the KinderMate Technology other than a non-exclusive right to access and use the Service solely in accordance with the terms of this Agreement.

B.  Rights to Access and Use the Service

On the condition that you comply with all your obligations under this Agreement, subject to additional terms of any third-party licenses applicable to third-party software included in the Service, KinderMate grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service and KinderMate Technology for your own personal, non-commercial use.  Any use of the Service that exceeds the rights expressly granted in this Agreement is strictly prohibited and constitutes a violation of this Agreement, which may result in the termination of your right to access and use the Service.  Your access to the Service is provided on a temporary basis with no guarantee for future availability.  Without limiting the prior sentence, KinderMate may terminate your access to the Service and the KinderMate Technology immediately in the event you violate the terms of this Agreement or at any time as deemed necessary by KinderMate in its sole judgment to protect the Service, KinderMate Technology, or other users of the Service.  Any use of the Service or KinderMate Technology other than as specifically authorized in this Agreement or without our prior written permission is strictly prohibited and will terminate the license granted under this Agreement. You may not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the KinderMate Technology.

2.  Submitted Content and Suggestions

A.  Ownership of and License to Submitted Content

The Service includes features that involve the creation and submission of voice files and search queries (“Submitted Content”).  KinderMate does not claim ownership of Submitted Content. You hereby grant KinderMate a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use your Submitted Content without compensation to you and without attribution for any purpose consistent with our Privacy Policy. Except for the license you grant in this Section, you retain all rights in and to Submitted Content, as between you and KinderMate.

B.  Your Suggestions

We welcome your comments regarding the KinderMate Technology and the Service. If you elect to provide or make available suggestions, comments, ideas, improvements, or other information or materials to us (“Suggestions”) in connection with or related to the KinderMate Technology or Service, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable license, with the right to sublicense, to use and disclose such Suggestions in any manner and via any media KinderMate chooses, without reference to its source and without any other obligation.

3. Prohibited Uses of the Service

In addition to complying with the terms and conditions of this Agreement, you agree that when using the Service you will not:

· Misrepresent your age or pretend to be an adult if you are not;

· Sell, resell, or commercially use the Service or KinderMate Technology;

· Copy, reproduce, distribute, publicly perform, or publicly display KinderMate Technology, except as expressly permitted by us or our licensors;

· Modify the KinderMate Technology, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service or KinderMate Technology, except as expressly set forth in these Terms;

· Violate any applicable law, contract, intellectual property, or other third-party right, or commit a tort;

· Commit fraud or other unlawful activity;

• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
• Access or attempt to access another user’s account without authorization from that user and KinderMate;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Service that you are not authorized to access;
• Connect to or access any KinderMate computer system or network without authorization;
• Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service in any manner;

· Copy, modify, create derivative works from, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Service is based;

· Decrypt, transfer, frame, display, or translate (except translations for personal use) any part of the Service;

• Develop or use any third-party applications that interact with the Service without our prior written consent, including any scripts designed to scrape or extract data from the Service;
• Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement;
• Use the information in the Service to create or sell a similar service; or
• Use the Service for the purpose of soliciting, selling, or offering services, merchandise, or products.

We may suspend or terminate, in whole or in part, your access to the Service if you violate the terms and conditions set forth in this Section. 

4. Parental Accounts

We require a parent or guardian to create an account before anyone may use the App.  The parent is responsible for all activity that happens by any user logged into his or her account, and is responsible for protecting the account’s log-in credentials from unauthorized access and use.  You must promptly notify KinderMate by email at support@kindermate.com of any known or suspected unauthorized use(s) of the KinderMate account used by you or your parent.

5. Privacy

Please refer to our Privacy Policy for information about how we collect, use, and disclose personal information.

6.  Links to Third-Party Sites

KinderMate does not control or endorse any third-party websites and is not responsible for their products, services, or content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. If you decide to access any third-party website linked to the Service, you do so at your own risk, and you should review the terms and conditions and privacy policies of such third-party sites. KinderMate disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

This application uses YouTube to display video content and OpenAI for services. By using this application you are agreeing to the YouTube Terms of Service and Open AI Terms of Usage:
https://www.youtube.com/t/terms
https://openai.com/policies/business-terms

7.  No Warranties

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND KINDERMATE, THE SITE, THE APP, THE SERVICE, AND ALL KINDERMATE TECHNOLOGY, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, KINDERMATE MAKES NO WARRANTY THAT: (i) THE KINDERMATE TECHNOLOGY AND SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE KINDERMATE TECHNOLOGY AND SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE KINDERMATE TECHNOLOGY OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (iv) ANY ERRORS, TYPOS, OR DEFECTS IN THE KINDERMATE TECHNOLOGY OR SERVICE WILL BE CORRECTED.

The Service IS not intended to subject KinderMate to the laws or jurisdiction of any state, country, or territory outside the United States. KinderMate does not represent or warrant that the Service, the KinderMate Technology, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with local laws.

IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS CONTAINED IN THIS AGREEMENT SHALL BE DETERMINED BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW, AND TO THE EXTENT PERMISSIBLE, ANY SUCH IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS.

8.  Limitation of Liability and Release

YOU EXPRESSLY AGREE TO WAIVE AND RELEASE AND HEREBY WAIVE AND RELEASE, ANY AND ALL CLAIMS AND LIABILITIES AGAINST KINDERMATE AND ITS OWNERS, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS AND REPRESENTATIVES (THE “RELEASED PARTIES”) THAT ARISE FROM YOUR USE OF THE SERVICE OR KINDERMATE TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE SERVICE OR KINDERMATE TECHNOLOGY IN VIOLATION OF THIS AGREEMENT OR ANY APPLICABLE LAWS OR REGULATIONS.

UNDER NO CIRCUMSTANCES SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KINDERMATE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY KINDERMATE TECHNOLOGY, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE OR THE KINDERMATE TECHNOLOGY. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE AND KINDERMATE TECHNOLOGY, THAT SUCH USAGE IS AT YOUR SOLE RISK AND YOU ACCEPT THE TERMS AND CONDITIONS STATED IN THIS AGREEMENT, INCLUDING THE LIMITATION OF LIABILITY AND DISCLAIMERS SET FORTH HEREIN.

IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN THIS AGREEMENT SHALL BE DETERMINED BY A COURT OR ARBITRATOR TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER THIS AGREEMENT OR RELATING TO THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SERVICE IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100.00).

IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST THE RELEASED PARTIES.

9. Indemnity

You agree to indemnify and hold the Released Parties harmless from and against any all claims, losses, liabilities, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees) resulting from or alleged to result from your use of the Service or KinderMate Technology or your violation of this Agreement.  You agree to promptly notify the Released Parties of any third party claims, cooperate with the Released Parties in defending such claims and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees). You also agree that the Released Parties will have control of the defense or settlement of any third party claims.

10. Governing Law

This Agreement and the rights of the Parties hereunder will be governed by and construed in accordance with the laws of the state of Washington, exclusive of conflict or choice of law rules. Notwithstanding the preceding sentence with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). 

11. Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with KinderMate and limits the manner in which you can seek relief from us.

A.  Arbitration

To the extent feasible, the Parties desire to resolve any dispute, claim, or controversy arising out of or relating to your use of or access of the Service, this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”) through discussions and negotiations between each other. The Parties agree to attempt to resolve any Disputes by negotiation with the other Party (by phone, electronic correspondence, or written correspondence). If, after good faith discussions, the Dispute(s) cannot be resolved solely between the Parties, such Dispute(s) will be determined by arbitration in the English language in King County, Washington before a single arbitrator.

The arbitration will be administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of JAMS, which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and KinderMate agree that the state or federal courts sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.  This provision will not preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

B.  Conduct of Arbitration

The arbitration will be commenced by the claimant party filing a demand for arbitration with JAMS and serving the demand on the opposing party. Within 30 calendar days of the date the demand for arbitration is filed, the Parties will select an arbitrator by following the Rules’ arbitrator selection procedures. Except as may be required by law, neither Party nor the arbitrator may disclose the existence, content, or results of any arbitration under this Agreement without the prior written consent of both Parties. The arbitrator’s award will be in writing, in the English language, and accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.  

C.  Arbitration is on an Individual Basis Only; Class Action Waiver

The Parties 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 arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitrator’s power to rule on his or her own jurisdiction and the validity or enforceability of the agreement to arbitrate, the arbitrator has no power to rule on the validity or enforceability of THIS agreement to arbitrate solely on an individual basis. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this Section 11 will remain in force.

12. Additional Terms Applicable to iOS Devices

The following terms only apply if you install, access, or use the App on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”).  If you use the App on an Apple-manufactured device, and if there is any conflict between the terms in this Section and other terms in this Agreement, the terms in this Section will control.

• Acknowledgement. You acknowledge that this Agreement is concluded solely between the Parties, and not with Apple. KinderMate, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App (the “Usage Rules”), and in the event of any conflict, the Usage Rules shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
• Scope of License. The license granted to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control as permitted by the Usage Rules.
• Maintenance and Support. You and KinderMate acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
• Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The Parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of KinderMate. However, you understand and agree that in accordance with this Agreement, KinderMate has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
• Product Claims. You and KinderMate acknowledge that as between Apple and KinderMate, KinderMate, not Apple, is responsible for addressing any claims you may have, as limited by this Agreement, or claims of any third party relating to the App or your possession and/or use of the App, subject to KinderMate’s indemnification rights, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights. The Parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, KinderMate, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required under this Agreement.
• Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.
• Third-Party Beneficiary. The Parties acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

13. Changes to the Agreement

We may make changes to the Agreement from time to time. If we make changes, we will post the amended Agreement to the Service and update the “Last Updated” date, above. We may also attempt to notify you by sending an email notification to the address associated with your account, if any, or providing notice through the Service. Unless we say otherwise in our notice, the amended Agreement will be effective immediately and your continued access to and use of the Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Agreement, you must stop accessing and using the Service.

14. Miscellaneous Terms

A. Complete Agreement.  This Agreement constitutes the entire agreement between you and KinderMate relating to your use of, and access to, the Service and supersedes any prior or contemporaneous agreements or representations.  This Agreement may not be amended except as set forth in Section 13 of this Agreement.  

B. Construction; Conflict with Separate Agreements.  If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted.  Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. If there is a conflict between this Agreement and a separate written agreement applicable to a specific portion of the Service or for any service offered on or through the Service, the latter terms shall control with respect to your use of that portion of the Service.

C. Headings.  Descriptive headings contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of this Agreement.

D. No Waivers.  Our failure to enforce or exercise any provision of this Agreement or related right will not constitute a waiver of that right or provision.

E. No Assignments and Transfers.  No rights or obligations under this Agreement may be assigned or transferred by you, either voluntarily or by operation of law, without our express prior written consent and in our sole discretion.

F. Language of the Agreement.  Although this Agreement may be translated into other languages, the English language version of this Agreement shall control in any dispute between the Parties.

G. No Third Party Beneficiaries.  Except as expressly provided in this Agreement, nothing in this Agreement will confer upon any person, other than the Parties, any rights, remedies, obligations, or liabilities whatsoever.

H. Notices.  You can provide any notices to us under this Agreement by using the contact information provided in Section 15.  Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by email. The parent who created the account that you use to access the Service is responsible for providing KinderMate with up-to-date contact information.  Any necessary updates to contact information may be made by updating the account information through the Service or by sending a message to us via the contact information provided in Section 15, below.  You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.

9. Survival: The following Sections will survive any termination of this Agreement: 1(A), 2, 6-14.

15. Contact Us

If you have any questions or need to contact us for any reason relating to this Agreement, please email us at support@kindermate.com or contact us at:

KinderMate Inc.

999 3rd Ave, Suite 700, Seattle, WA 98104, USA

Telephone +1 206 368 3178