Terms of Service

Welcome to Kiddoo®! Kiddoo is a communications and location service and device for children to help parents/guardians connect with, monitor, track and locate their children.

YOUR ACCESS AND USE OF THE Kiddoo SERVICE IS SUBJECT TO (1) THESE TERMS OF SERVICE, (2) YOUR AGREEMENTS WITH THIRD PARTIES, SUCH AS YOUR WIRELESS CARRIER, APP STORE/PLATFORM OR DEVICE PROVIDER AND (3) ALL APPLICABLE LAWS, RULES AND REGULATIONS.  YOU MUST BE AT LEAST 18 YEARS OF AGE, THE AGE OF MAJORITY IN YOUR PLACE OF RESIDENCE TO USE THE Kiddoo SERVICE.  BY ACCESSING OR USING ANY PART OF THE Kiddoo SERVICE, YOU ACKNOWLEDGE THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE KIDDOO SERVICE.

Kiddoo Overview: The website, online service and mobile application (the “Kiddoo App”) and the mobile device (the “Kiddoo Device”, collectively the “Kiddoo Service”) are provided by Kiddoo Limited (“Kiddoo”).  The Kiddoo Device can be configured, monitored and contacted through the Kiddoo App.  Please read the User Manual www..kiddoowatch.com/user-manual for more information.  You may not resell use of, or access to, the Kiddoo Service to any third party. You may not use the Kiddoo Service for any commercial purpose without the prior written consent of Kiddoo.

Consent for the Child: The Kiddoo Device is intended to be worn and used by a child.  By providing the Kiddoo Device to a child, you represent and warrant to Kiddoo that you are authorized by such child’s parent or guardian to enable and permit Kiddoo to operate the Kiddoo Service and collect and use the information from the Kiddoo Device used by the child as stated in these Terms of Service and the Privacy Policy www.myKiddoo.com/legal/privacy-policy.

Operator:  The Kiddoo Device will only operate if you have entered into an airtime agreement with a phone operator.  The terms of such agreement for wireless service are between you and your operator.  Kiddoo is not a party to such agreement, does not control the actions of your operator. In no event shall Kiddoo be liable for the acts or omissions of your operator or the operation of the operator service and you hereby release and discharge Kiddoo from any such liability.

Location Device / Emergency:  The Kiddoo Service is intended for use as a location device.  However, the Kiddoo Service is not a failsafe security system.  Therefore, proper safety precautions should always be used with children, despite the use of the Kiddoo Service.

Not 911/ emergency numbers Compatible:  The Kiddoo Device is not compatible with 911, 112 or similar emergency telephone number systems.  Therefore, emergency calls from the Kiddoo Device will go to a designated recipient (such as a parent or guardian), but will not be placed or forwarded to emergency services personnel.

Not Compatible with Accessibility Features:  The Kiddoo Device is not designed to be compatible with telecommunications accessibility features or services such as TTY, audio prompts or similar features for those with certain disabilities.

Recording Calls:   By using the Kiddoo Service, you expressly agree that we may record audio conversations between the Kiddoo Device and the recipient of such call without further notification.  It is your obligation to ensure that the recipient of such emergency calls from the Kiddoo Device, such as the preset numbers that you program into the Kiddoo Device, consents to such recording.

Privacy: The Kiddoo Device is constantly collecting and transmitting data to Kiddoo, such as location data.  Such detailed data collection and use is critical to the successful operation of the Kiddoo Service.  To learn more about our data collection and use practices, please read our Privacy Policy www.myKiddoo.com/legal/privacy-policy.

Who is our customer:  Our customer is the individual who has registered the Kiddoo Device.   We are under no obligation to respond to requests, inquires, demands or communications from any party (such as another family member) other than our customer.

Limited Warranty for the Device: Kiddoo provides a limited warranty to you (if you are the initial and original purchaser of the Device) that the Device is free from defects in materials or workmanship under normal use when used in compliance with the User Manual for 1 year from the original date of purchase from an authorized Kiddoo reseller, subject to the limitations and terms of the warranty disclosure.  You should read Kiddoo’s full warranty disclosure here www.kiddoowatch.com/warranty.  Kiddoo provides no warranty regarding the wireless service provided by your operator or the Kiddoo App.

Kiddoo App License: In order to use the Kiddoo Service, you will need to download and install the Kiddoo App. Kiddoo hereby grants you a non-exclusive, non-transferable, revocable, limited license to use the Kiddoo App solely on devices and web browser installations that you own or manage. You represent and warrant to us that you have the right to install and operate the Kiddoo App on such devices you are using. You may not remove, obscure, modify or disable any proprietary notices from Kiddoo on any part of the Kiddoo Service. You may not transfer this license to another party unless that party affirmatively accepts these Terms of Service.   You may not use the Kiddoo Service for any purpose that is illegal or potentially harmful to another party, including Kiddoo.

Uninstall Kiddoo: You may uninstall the Kiddoo App at any time by deleting it from your device in the same manner that you delete similar apps.

Kiddoo App Updates: Kiddoo may change, update or otherwise modify the Kiddoo App or the software on the Kiddoo Device at any time. If we do so, you may have to download a patch or new version in order to continue using the Kiddoo Service. In addition, you agree that we may, without providing additional notice to you, automatically install updates to the Kiddoo App or the Kiddoo Device.

Registration and Passwords: In order to use the Kiddoo Service, you must register and install the Kiddoo App. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. All email accounts must belong to you and not any other person. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under your user name. If you suspect any unauthorized use of your user name, you should change your password and/or contact Kiddoo immediately at www.kiddoowatch.com/customer-support-platform

Accessories:  The purchase of accessories from Kiddoo may be subject to additional Terms of Service, in addition to these Terms of Service.

Termination of Access: In addition to any right or remedy that may be available to us under these Kiddoo Terms of Service or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Kiddoo Service, at any time with or without notice in the event (1) you have breached these Terms of Service, (2) such action is necessary to prevent harm to any party or liability to Kiddoo or (3) your operator is no longer providing you with wireless airtime for the Device.

Communications with Kiddoo: Any communication or material you transmit to us by electronic mail, social media or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Except to the extent expressly covered by our Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting and/or ranking. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Proprietary Rights: Kiddoo and/or its owners are the exclusive owner or authorized licensors of the Kiddoo Service, including all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained therein. Without limiting the foregoing, you acknowledge that the Kiddoo Service is the exclusive property of Kiddoo, and that you will not take any act inconsistent with our ownership rights or that would damage our ownership rights. No part of the Kiddoo Service may be reverse engineered, decompiled or modified, nor may derivative works be created based on the Kiddoo Service, without the prior written consent of Kiddoo. All rights not granted under these Terms of Service are reserved by Kiddoo.

Disclaimer of Additional Warranties: EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE SECTION ENTITLED “LIMITED WARRANTY FOR THE DEVICE”, ALL PARTS OF THE Kiddoo SERVICE ARE PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER AND WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Kiddoo SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE Kiddoo SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES.

Kiddoo DISCLAIMS ALL LIABILITY FOR, OR WARRANTIES FROM, THIRD PARTY SERVICES OR PRODUCTS USED IN CONNECTION WITH THE Kiddoo SERVICE, SUCH AS YOUR WIRELESS CARRIER, APP STORE/PLATFORM PROVIDER OR DEVICE MANUFACTURER.

IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states, countries or territories prohibit the limitation of warranties as set forth herein.  If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for all liabilities, shall not exceed the greater of (1) the amount paid by you to purchase the Kiddoo Device from an authorized reseller or (2) one hundred dollars ($100).

Your sole remedies, and Kiddoo’s sole obligations, are as set forth under the section entitled “Limited Warranty for the Device”, for you to stop using the Kiddoo Service or the dollar limitation set forth above.

Changes: We may change, suspend or terminate the Kiddoo Service at any time without notice.  In addition, these Kiddoo Terms of Service may be changed at any time without prior notice. We will make such changes by posting them on the Kiddoo site located at www.myKiddoo.com/legal/termsofservice or otherwise informing you of such changes. You should check for such changes frequently. Your continued access of the Kiddoo Service after such changes conclusively demonstrates your acceptance of those changes.

Indemnification: You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney fees and costs, arising from, or related to (1) any breach by you of these Terms of Service, (2) your use of the Kiddoo Service or (3) a violation by you of any applicable law, agreement or obligation to a third party.

Governing Law:  The laws of the Hong Kong Special Administrative Region shall govern these Terms of Service and, subject to the arbitration section below, YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN HONG KONG, FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR ACCESS OR USE OF THE Kiddoo SERVICE. Any claims asserted by you in connection with the Kiddoo Service must be asserted in writing to Kiddoo within one (1) year of the date such claim first arose, or such claim is forever waived by you.   Notwithstanding the arbitration section below, Kiddoo may seek an injunction in a court of competent jurisdiction to the extent necessary to prevent any harm to any party or liability to Kiddoo.

Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.

Waiver; Remedies: The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Export: You may not use or otherwise export or re-export the Kiddoo Service except as authorized by the Laws of the Hong Kong Special Administrative Region and the laws of the jurisdiction in which the Kiddoo Service was obtained.

Third Parties:  Platform providers, such as your phone operator, Apple®, Google® and other third party carriers, platform or software providers and device manufacturers (“Platform Providers”) are not parties to these Terms of Service.  Except as otherwise agreed in writing between you and the applicable Platform Provider, Platform Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the Kiddoo Service.  To the maximum extent permitted by applicable law, Platform Providers will have no other warranty obligation whatsoever with respect to the Kiddoo Service.  Except as otherwise agreed in writing between you and the applicable Platform Provider, You acknowledge that Platform Providers are not responsible for addressing any claims relating to the Kiddoo Service or your possession and/or use of the Kiddoo Service, including but not limited to: (i) product liability claims; (ii) any claim that the Kiddoo Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.  We, not the Platform Providers, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim by the Kiddoo Device.  Platform Providers are third party beneficiaries of these Terms of Service, and Platform Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

Contact Information: Should you have any questions regarding these Terms of Service, to report a violation of these Terms of Service or abuse of the Kiddoo Service, to receive help in uninstalling the Kiddoo App or for any other matter, you may contact us at: www.kiddoowatch.com/customer-support-platform.

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