Last Updated: October [ • ], 2020
1.1. “Adult User” means a parent or legal guardian who is at least 18 years of age (or older if the legal age to enter into a binding contract in your country or state is higher), who registers his or her child as a Child User.
1.2. “Affiliate” means, with respect to a party, any person or entity that directly or indirectly controls, is controlled
by, or is under common control with that party, where “control” means an economic or voting interest of at least fifty percent (50%).
1.3. “Child User” refers to a preschool child who uses the Kido Home Program under an account registered by an Adult User.
2. PASSWORDS AND ACCOUNT ACCESS.
2.1. Each Adult User who registers an Adult User account with Kido Home may register his or her child for a Child User account with Kido Home (each such account, the “Account”). Each User is responsible for maintaining the confidentiality of the Account passwords and other information. The Adult User (a) must provide complete and accurate registration information for the Accounts and keep such information up to date, (b) is, together with the Child User, responsible for all activities that occur under the Accounts, (c) must ensure that each User logs out of his or her Account at the end of each session, and (d) must notify Kido Home immediately of any unauthorized Account use or access.
3. ACCOUNT FEES
3.1. Users of the Kido Home Program will pay fees in accordance with our fee schedule in effect when you subscribe to or purchase access to the Program. We reserve the right to change our fee schedule at any time, but your fee will not change until the end of your subscription period.
3.2. We may offer promotional trial subscriptions to access the Program for free or at special discounted prices. If you sign up for a trial subscription, your right to use the Program is limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and any applicable additional terms. We do not provide price reductions or refunds for existing Users in the event of a price drop or promotional offering for new Users. To avoid being charged during any free trial promotion (if applicable), you must cancel your subscription before the end of the day your free trial ends. If you complete a course during the free trial period, Kido Home reserves the right to require you to pay for a one-month subscription in order to receive a class certificate
3.3. You must use a credit card or other payment mechanism accepted by us (for example, PayPal and Stripe) (“Pay Mechanism”) to activate and maintain a paid Account. You authorize us to charge you through the Pay Mechanism that you use when registering for an Account and purchasing any additional Program Components, you will also be responsible for charges (including applicable taxes) for any products or services that you order that are offered for sale through the Program. If we do not receive payment from the Pay Mechanism you use, you agree to pay all amounts due upon our demand and you will be solely responsible for any dispute with your payment provider. Should the Pay Mechanism provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full or in lesser installments of the initially incurred charge for the duration of the Account subscription you selected and for up to an additional 90 days. You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and penalties that may be assessed by your payment provider. We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Kido Home, we will in no way be responsible or liable to you for such data breach.
3.4. If you subscribed for the Program subject to automatic renewal, you agree that we may renew your subscription automatically for the same subscription term commencing on the day after your previous subscription ends. By agreeing to the renewal terms, you authorize us to charge you for the renewal fee using the same Payment Method as you initially used, unless you previously updated such method. Your renewal fee will be the same as your prior fee unless we provide you with at least 30 days’ prior notice of any change and you do not cancel the renewal within 30 days after the date of such notice.
3.5. Failure to pay any fees may result in suspension or termination of your right to access or use the Program. In addition, Kido Home reserves the right to terminate Accounts that are inactive for an extended period of time.
3.6. If you fail to timely pay any fees due on your Account, Kido Home may take any steps it deems necessary to collect such fees from you. In such event, Kido Home may assess your Account late fees at the rate of 1.5% per month or, if less, the highest rate permitted by applicable law. In addition, you will be responsible for all costs and expenses incurred by Kido Home in connection with any collection activity, including collection fees, court costs, and attorneys' fees.
3.7. You may cancel your subscription at any time. If you cancel at least 10 days prior to the end of any subscription term, you will not be billed for the next subscription term. No refunds will be given for any unused portions of a Subscription Term for which you already paid, and you will have the right to use the Program for the remainder of such Subscription Term. Similarly, no refunds will be given for any one-time fee paid for a class, whether or not you complete such class.
4. USE OF THE KIDO HOME PROGRAM
4.1 General Practices Regarding Use and Storage: You acknowledge that Kido Home may establish general practices and limits concerning use of the Program and all Program Components, including without limitation the maximum period of time that data or other content will be retained by Kido Home and the maximum storage space that will be allotted on Kido Home’s servers for your use. You agree that Kido Home has no responsibility or liability for the deletion or failure to store any data or other content created on or uploaded to the Program. You further acknowledge that Kido Home reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
4.4 Prohibited Uses: Your use of the Program is solely for your personal and non-commercial use. Any use of the Program or any Program Components other than for personal purposes is prohibited. Your use of the Program is further subject to the following restrictions:
4.4.1. You may not decompile, reverse engineer, or disassemble the Program or any Program Component or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or content (including User Content of other Users) obtained from the Program, or remove any copyright, trademark registration, or other proprietary notices from the Program, any Program Component, or any content obtained from the Program.
4.4.2. You will not (a) use the Program for commercial purposes of any kind or (b) advertise or sell the Program (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Program or any Program Component in any way that is unlawful or detrimental to the Program, Kido Home, or any other person or entity.
4.4.3. You will not perform any of the following prohibited activities while using the Program or any Program Component:
Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
Stalking, intimidating, or harassing another or inciting other to commit violence;
Transmitting material that encourages anyone to commit a criminal offense, that results in civil liability or otherwise breaches any relevant laws, regulations, or codes of practice;
Interfering with any other User’s use or enjoyment of the Program;
Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the copyright owner, committing any act that amounts to the infringement of intellectual property rights or making available any material that infringes any intellectual property rights or other proprietary rights of any third party;
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Posting, transmitting, or making available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files, or such other programs that may harm the Program or any interests or rights of other Users, limiting the functionality of any computer software, hardware or telecommunications, or harvesting or collecting any data or personal information about other Users without their express consent;
Accessing or using the Program in any manner that could damage, disable, overburden, or impair any of the Program’s servers or the networks connected to any of the servers on which the Program or any Program Component is hosted;
Disrupting or interfering with the security of, or otherwise causing harm to, the Program or gain unauthorized access to User Accounts, passwords, servers, or networks connected to or accessible through the Program or any affiliated or linked sites;
Using deep-links, page-scrape, robot, spider, or other automatic devices, programs, algorithms, or methodologies, or any similar or equivalent manual processes, to increase traffic to the Program or engage in any denial of service attacks, to access, acquire, copy or monitor any portion of the Program, or in any way reproduce or circumvent the navigational structure or presentation of the Program, or any content, or to obtain or attempt to obtain any content, documents, or information through any means not specifically made available through the Program;
Framing or utilizing framing techniques to enclose the Program, any Program Component, or other proprietary information (including images, text, page layout, or form) of Kido Home without Kido Home’s express written consent;
Altering or modifying any part of the Program;
5. INTELLECTUAL PROPERTY RIGHTS.
5.1 Proprietary Information: Except as expressly provided below, all information, content, material, trademarks, services marks, trade names, logos, domain names, and trade secrets, including but not limited to the software, text, images, graphics, videos, scripts, and audio, contained in the Program, and all Class Recordings, are proprietary property of Kido Home ("Proprietary Information"). Proprietary Information may NOT be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any way without obtaining prior written permission from Kido Home and nothing in the Program shall be deemed to confer to the User a license of or any other right, interest or title in or to any of the intellectual property rights belonging to Kido Home. You may own the device on which the Program is viewed or a Program Component temporarily resides, but Kido Home (or its licensors) shall at all times retain full and complete title to the information, content, or materials and all intellectual property rights inserted by Kido Home on such device. You may not use any meta tags or any other "hidden text" utilizing any Proprietary Information without Kido Home's express written consent. Certain Proprietary Information in the Program may belong to third parties. Any such Proprietary Information is used by Kido Home with the consent of the applicable third party and all rights relating to such Proprietary Information will remain with such third party. Further, you are not permitted to use the same without the consent of such third party. All goodwill generated from the use of Proprietary Information will inure to Kido Home’s (or the applicable owner’s) exclusive benefit.
with respect to User Content that you submit, post, or otherwise make publicly or generally available via the Program (e.g., public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Program or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
with respect to User Content that you submit, post, or otherwise transmit privately via the Program, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content for the sole purpose of enabling Kido Home to provide you with the features and benefits of the Program.
5.4 User Submissions: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Program (“Submissions”), provided by you to Kido Home are non-confidential and non-proprietary to you, and Kido Home will be entitled to the unrestricted use and dissemination of such Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5.5 Copyright Complaints: Kido Home respects the intellectual property of others, and we ask our Users to do the same. If you believe that there has been an instance that constitutes copyright infringement, you should notify Kido Home of your infringement claim in accordance with the procedure set forth in this Section. Kido Home will process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual copyright infringement. A notification of claimed copyright infringement should be emailed to firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Program or any Program Component, with enough detail that we may find it;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or applicable law; and
a statement by you, made under penalty of perjury, that all of the information in your notification is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
5.6 Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Kido Home has adopted a policy of terminating, in appropriate circumstances and at Kido Home's sole discretion, Users who are deemed to be repeat infringers. Kido Home may also in its sole discretion limit access to the Program and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. SOCIAL NETWORKING SERVICES.
6.2 Kido Home is not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, Kido Home is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Kido Home enables these features merely as a convenience to you, to be used at your request, and the integration or inclusion of such features does not imply an endorsement or recommendation. Kido Home may discontinue the connection with any Social Networking Services at any time without notice to you.
7.2 In case of suspected fraudulent, abusive, or illegal activity, Kido Home may provide information about such activity to appropriate law enforcement authorities.
7.3 Kido Home may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
7.4 Upon termination of your Account, subject to applicable law, Kido Home may immediately terminate your access to the Program, any Program Components, and any content (including your User Content) without prior notice to you. Kido Home will not be liable to you or any third party for any termination of your access to the Program, any Program Components, or any such content.
8. EXPORT RESTRICTIONS
8.1 You acknowledge that some or all of the Program and any Program Components may be subject to applicable country export control and trade sanctions laws (“Export Control and Sanctions Laws”). Accordingly, you agree that you will not be permitted to access, use, export, re-export, divert, transfer, or disclose any portion of the Program or Program Components, or any related technical information or materials, directly or indirectly, in violation of any applicable export control or trade sanctions law or regulation.
8.2 By your use of the Program, you represent and warrant that: (i) you are not citizens of, or located within, a country or territory that is subject to U.S. or other applicable trade sanctions or significant trade restrictions (e.g., Cuba, Iran, North Korea, Syria, and the Crimea region of the Ukraine) and that you will not access or use the Program, or export, re-export, divert, or transfer the Program, in or to such countries or territories; (ii) you are not identified on any U.S. or other applicable government restricted party lists (including without limitation the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons and Foreign Sanctions Evaders List, the U.S. Department of Commerce’s Denied Parties List, Entity List, and Unverified List, and the U.S. Department of State proliferation-related lists); and (iii) no User Content submitted by you is subject to any restriction on disclosure, transfer, download, export, or re-export under the Export Control and Sanctions Laws.
9. INJUNCTIVE RELIEF.
10. NO WARRANTIES.
10.1 YOU UNDERSTAND AND AGREE THAT THE PROGRAM AND PROGRAM COMPONENTS ARE PROVIDED "AS IS" AND KIDO HOME, ITS AFFILIATES, LICENSORS, AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. KIDO HOME, ITS AFFILIATES, LICENSORS, AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAM OR ANY PROGRAM COMPONENTS, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROGRAM, OR THAT THE PROGRAM WILL MEET ANY USER'S REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF THE PROGRAM IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE PROGRAM. KIDO HOME DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. KIDO HOME CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
10.2 KIDO HOME CAREFULLY SELECTS ITS TEACHERS FROM AROUND THE WORLD AND USES A THIRD PARTY SERVICE OR OTHER REASONABLE PROCESS TO VERIFY THAT OUR TEACHERS HAVE PROPER TRAINING AND QUALIFICATIONS FOR THE CLASSES THEY TEACH. HOWEVER, KIDO HOME ASSUMES NO RESPONSIBILITY FOR THE ACTIONS OF OUR TEACHERS OR OTHER PERSONNEL WHO INTERACT WITH YOU (OR YOUR CHILD USER) IN ANY MANNER OUTSIDE THE PROPER SCOPE OF THEIR RESPONSIBILITIES AND AUTHORITY. YOU ARE SOLELY RESPONSIBLE FOR MONITORING YOUR CHILD USER’S EXPERIENCE IN THE PROGRAM AND INTERACTION WITH TEACHERS. IF YOU SUSPECT ANY WRONGDOING BY KIDO HOME TEACHERS OR OTHER PERSONNEL, PLEASE NOTIFY US IMMEDIATELY BY EMAIL TO email@example.com.
12. LIMITATION OF LIABILITY
12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, KIDO HOME WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, SUCH AS DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF KIDO HOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PROGRAM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROGRAM; OR (V) ANY OTHER MATTER RELATING TO THE PROGRAM. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT WILL KIDO HOME’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID KIDO HOME IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU.
13. PRIVACY AND OTHER POLICIES
14. EVENTS OUTSIDE OF OUR CONTROL
Strikes, lock-outs, or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations, or restrictions of any government.
Viruses and cyberattacks.
Power or other failure affecting any part of our servers, premises, or any other part of our service.
Governing Law; Agreement to Arbitrate;
Waiver of Jury Trial and Class Actions; Etc.
Informal Resolution. Before filing a claim against Kido Home, you agree to try to resolve the dispute by first emailing firstname.lastname@example.org with a description of your issue or claim. We will try to resolve the dispute informally by following up via email, phone or other methods. If you and we cannot resolve the dispute within thirty (30) days of our receipt of your first email, you or Kido Home may then bring a formal proceeding as described below.
Arbitration Process. The arbitration will be administered by, and will follow the then-current and applicable rules of, the arbitration body indicated in the table below. The number of arbitrators will be one. Payment of all filing, administration and arbitrator fees will be governed by the applicable rules. For monetary claims of less than $10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The language to be used in the arbitration will be English. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Small Claims Court. Notwithstanding the foregoing, you may initiate an action in your local Small Claims Court if you meet the court’s requirements. However, if such a claim is transferred, removed, or appealed to a different court, Kido Home reserves the right to require arbitration.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND KIDO HOME EACH AGREES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT CLAIMS MAY ONLY BE BROUGHT AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. NO CLAIMS BY UNRELATED PARTIES MAY BE BROUGHT OR HEARD TOGETHER.
Severability. If any provision of this Exhibit A is found to be illegal or unenforceable, then that provision will be severed; however, the remaining provisions will still apply and will be interpreted to as nearly as possible achieve the original intent of this Exhibit A, inclusive of the severed provision.
this document has been drafted in English