This Terms and Conditions Agreement (the "Agreement") is entered into by and between Abloomy Technologies Inc., a California corporation ("Abloomy"or "Provider") and parents or guardians ("you,""your," "parent,""guardian" etc.) who use Abloomy's websites, software applications, any other products and services (collectively, the "Services") to monitor and manage the mobile and internet activities of their child or children (collectively "Users", which shall include "parent,""guardian,""child,""children"). The terms, "we" and "our" as used in this Agreement refer to Abloomy. By using the Services, you agree to and accept the terms of this Agreement, if you do not agree to or accept the terms of this Agreement, you should immediately cease using the Services.

To the extent a dispute is not related to the personal data of a Data Subject (as defined below) of the European Union, this Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. If you are a Data Subject of the European Union, please refer to our Privacy Policy located at https://www.kidbalance.net/privacy/kid

 for rights regarding your and your child’s personal data.

 

1. License

Abloomy offer two software applications (the "Software") – one for children, KidBalance Kids, and one for the parents, KidBalance.These software applications allows parents to monitor and manage their child’s mobile or internet device usage. Certain features are provided to you free-of-charge; these features are referred to as Free Services ("Free Services"). Other features require payment before you can access them; these features are referred to as VIP Services ("VIP Services"). The use of both Free Services and VIP Services is governed by this Agreement, Subject to the terms of this Agreement, Abloomy grants you a non-transferable, non-exclusive, limited license to use the Services for your personal use. Also subject to the terms of this Agreement, Abloomy grants you a non-transferable, non-exclusive license to use a copy of the Software downloaded and installed solely in connection with the Services on a mobile device that you own or control (collectively the "License").

 

2. Certain Restrictions

To use KidBalance, You warrant that you are 18 years of age or older.

You may not:

a. transfer or sublicense the Services to anyone else;

b. copy, modify, or distribute our Services;

c. reverse engineer, decompile, or create derivative works of the Services;

d. use more than one account per individual;

e. use the Services in any unlawful manner or in a manner inconsistent with these Terms.

 

3.Legal

You are solely responsible for your compliance with all applicable laws.

You hereby warrant that:

 

a. All information that you provide us is true and accurate, including, without limitation, the ages of your children that will be using mobile devices with the Services;

b. You will only use the Services as an aid to your efforts to protect and enhance the welfare of children for whom you are the legal guardian or a user authorized by the legal guardian;

c. You consent to the Services collecting the necessary information to help you monitor and manage the mobile and internet activities of each of your children that is 13 years of age or younger that you have registered with us.

d. You warrant that you have notified any User over 14 years old of such devices that it includes control and monitoring software and you have their consent to such activity;

e. You will not use the Services to monitor the activities of any child of yours that is 18 years of age or older or any other person for whom you are not the legal guardian;

f. You will not use the Services in violation of any Federal, State or local law, rule, ordinance or governmental regulation;

g. You will only use the Services to monitor the mobile device and location of children for whom you are the legal guardian;

h. You will only install the application in mobile devices for which you are the authorized owner.

 

4. Acceptable Use Policy

a. You may not create or use an account on the Services for anyone other than yourself and your family. You may not let others use your account and you may not share your login information with others. You must keep your contact and personal profile information accurate and current. You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.

 

b. You agree not to use the Services to upload, distribute, or otherwise use any User Content (1) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (2) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (3) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (4) that is harmful to minors in any way; (5) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (6) that violates of any law, regulation, or contractual obligations.

 

5. Ownership

Abloomy reserves all rights not expressly granted to you in this Agreement. The Software is protected by copyright and other intellectual property laws and treaties. Abloomy or its suppliers own the title, copyright and other intellectual property rights in the Software. The Software is licensed, not sold.

Abloomy reserves the right, at any time, to modify, suspend, or discontinue the Service, the Software or any part thereof with or without notice. In the future, we may offer additional services, features, functionalities, and in-app purchases. You agree that Abloomy will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or the Software or any part thereof.

 

6. Privacy and Data Collection

KidBalance does not collect any information or log data from the device from which it is being used except for the user’s personal information including the name and email address, which the user has consented being used to register an account.

Use of the Service is governed by our Privacy Policy, which is available at https://www.kidbalance.net/privacy/kid.

By downloading, installing, using the Services, you agree that personal information, technical information, or other information collected or received by Abloomy in connection with the Services may be transferred, stored and processed in the United States by Abloomy and our affiliates.

 

7. User Content

You own the content you submit to Abloomy as well as any content generated as a result of your use of the Services ("User Content"). As such, you are free to share your content with anyone else, wherever you want. To provide our Services, though, you give us some legal permission to use the User Content. Specifically, when you share, post, or upload User Content that is covered by intellectual property rights (like photos or videos) on or in connection with the Services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, modify, run, or copy your User Content for the purpose of providing the Services. This means, for example, that if you share with us your User Content, you give us permission to store and share it with others (again, consistent with your settings) in accordance with our Privacy Policy. You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users).We reserve the right (but have no obligation) to review any User Content from time to time in our sole discretion. We may remove or modify any User Content at any time for any reason in our sole discretion with or without notice to you.

 

8. User Identity

Any information relating to an identified or identifiable natural person ("Data Subject") is "User Identity", which could be an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the identity of a natural person. You agree that you do not provide to Abloomy the User Identity of other Data Subjects without legal grounds.

 

9. Feedback

If you provide Abloomy any feedback or suggestions ("Feedback"), you hereby transfer and assign to Abloomy all rights in the Feedback and agree that Abloomy shall have the right to use such Feedback and related information in any manner as non-confidential and non-proprietary. You agree that you will not submit to Abloomy any information that you consider to be confidential or proprietary.

 

10. Termination

You agree that we may (a) suspend your rights to use the Service, (b) terminate this Agreement,(the "Termination"), at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement.You acknowledge and agree that the Termination includes deactivating or deleting any of your accounts and all related information and files in such accounts, and baring any further access to such files or our Service. You agree that we will not be liable to you or any third party for any loss or damages of any kind resulting from the Termination. 

If you have selected our VIP Services, your account will continue to be in effect and you will continue to be billed with each renewal period until and unless you cancel the VIP Services or terminate your account. 

 

11. Discontinuation of the Services

We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of the Services with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of our Service. We have the right to:

a. remove or refuse to post any User Content for any or no reason in our sole discretion;

b. take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion;

c. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

d, Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose User Identity or User Content.

 

12. Disclaimer of Warranty

THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS-IS" AND AS AVAILABLE AND ABLOOMY (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. ABLOOMY (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES AND THE SOFTWARE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

13. Limitation on Liability

IN NO EVENT SHALL ABLOOMY (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE USE OF OR THE INABILITY TO USE THE SERVICES AND THE SOFTWARE, EVEN IF ABLOOMY  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESSING, AND USE OF, THE SERVICES AND THE SOFTWARE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA RESULTING THEREFROM. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

 

14. Dispute Resolution

Except the ones related to the Personal Data rights of Data Subjects of the European Union, all disputes between you and Abloomy shall be exclusively settled through binding arbitration through the American Arbitration Association ("AAA") pursuant to the AAA’s then-current rules for commercial arbitration. you and abloomy that any such arbitration shall be conducted on an individual basis and not in a class, consolidated, or representative action. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable; however, neither you nor we are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator's award may be entered in any court of competent jurisdiction. 

This Agreement is governed by the laws of the State of California without regard to conflict of law principles. If the arbitration in this section provision is found unenforceable or not to apply for a given dispute, then the proceeding must be brought exclusively in a court of competent jurisdiction in San Francisco, California.

 

15. Entire Agreement, Severability

This Agreement is the entire agreement between you and Abloomy relating to the Services and the Software. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

 

16. REGISTRATION

In order to use the Services, you must register an account. In order to register, you must be at least 18 years of age. During registration, you will be asked to provide certain personal information, including your email address. In addition, you will be asked to provide certain personal information about your child, including his or her name, date of birth, etc. You must provide full and accurate information. You may only supply personal information of children in your legal custody. By registering an account you consent to our use and storage of your personal information and automatically collected information, as governed by our Privacy Policy.

In accordance with the Child Online Protection Act, by registering an account for a child under the age of 13, you agree, consent, and authorize our collection, use, and disclosure of the child’s personal information in accordance with these Terms and the Privacy Policy.

By registering an account, you warrant that: you are the parent or legal guardian of the child that is the subject of your account; you have the authority of the parent or legal guardian of the child to register the account for that child; or you have the authority of the person that is the subject of the account if that person is not a minor. By registering an account, you agree that you will not use the Services to collect information and track location data of your child over 18 years.

 

17. Billing Information

To receive VIP Services, you must have Internet access and provide us with a current, valid and accepted method of payment ("Payment Method"). The day that you register for and purchase or activate your VIP Services ("Activation Date") is the first day of your billing cycle. 

By purchasing or activating VIP Services, you authorize Abloomy to charge the stated VIP Services fee amount, and any applicable sales, telecommunication, excise or similar taxes to the payment method that you provided at the time of purchase or activation. If you elect automatic renewal, you also authorize Abloomy to charge the then-current VIP Services fee amount, and any applicable sales, telecommunication, excise or similar taxes, at the end of your Subscription Term. Abloomy may change the VIP Services fee amount for new or renewal Subscription Terms upon 30 days’ prior notice to you via email or the messages of KidBalance . Any changes to the VIP Services fee will be effective upon your next billing cycle, and will not apply retroactively or to the remainder of your current Subscription Term.

 

18. Cancellation

You may cancel your VIP Services at any time. Your billing will commence until the end of the period you have selected. We do not provide refunds or credits for any partial time left on your account. To ensure proper cancellation of your service, please cancel at least 24 hours before the end of your next billing cycle. We are not responsible for any charges that are incurred as a result of failing to cancel your VIP Services within 24 hours of your next billing cycle.

 

19. Refund Policy

You may cancel your VIP Services at any time; however, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the Services. Upon cancelling your VIP Services, your subscription will be valid until your paid period is completed.

 

20. Support

If you have any issues or concern with the Services or the Software, you can always contact the Abloomy team by email abloomy@abloomy.com.