Thank you for using Kidbo!
These Terms of Service ("Terms") govern your access to and use of the Kidbo website, apps, APIs and widgets (“Kidbo” or the “Service”). Please read these Terms carefully and contact us if you have any questions (info@kidbo.co). By accessing or using Kidbo, you agree to be bound by these Terms and our Privacy Policy.
More simply put: Every company has its terms. These are ours.
1. Our service
Kidbo helps parents discover parenthood in a digital world. To do that, we show you things we think will be relevant, interesting and personal to you based on your onsite and APP activity. To provide our Service, we need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers. As part of our service, we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.More simply put: Kidbo helps you discover parenthood in a digital world. It’s customised to you. We need to know what you like to make everything on Kidbo relevant to you.
2. Using Kidbo
a. Who can use Kidbo
You may use Kidbo only if you can legally form a binding contract with Kidbo, and only in compliance with these Terms and all applicable laws. When you create your Kidbo account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is not allowed. If you’re based in the EEA, you can only use Kidbo if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Kidbo has been provided to us. Using Kidbo may include downloading software to your computer, phone, tablet or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.b. Our licence to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable and revocable licence to use our Service.c. Commercial use of Kidbo
Currently, Kidbo does not support business accounts, but will look at adding this in the near future.More simply put: You cannot use Kidbo if you're under 13 (or older in some countries). Also, if you are using Kidbo for work, you will need to use a personal account.
3. Your content
a. Posting content
Kidbo allows you to post content, including photos, comments, links and other materials. Anything that you post or otherwise make available on Kidbo is referred to as "User Content". You retain all rights in, and are solely responsible for, the User Content you post to Kidbo.More simply put: If you post your content on Kidbo, it still belongs to you.
b. How Kidbo and other users can use your content
You grant Kidbo and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide licence to use, store, display, save, create derivative works, perform and distribute your User Content on Kidbo solely for the purposes of operating, developing, providing and using Kidbo. Nothing in these Terms restricts other legal rights Kidbo may have to User Content, for example under other licences. We reserve the right to remove or modify User Content, or change the way it’s used in Kidbo, for any reason. This includes User Content that we believe violates these Terms or any other policies.More simply put: If you post your content on Kidbo, we can show it to people and others can save it. Don't post inappropriate links or spam or be rude to other people on Kidbo.
c. How long we keep your content for
Following termination or deactivation of your account, or if you remove any User Content from Kidbo, we may keep your User Content for a reasonable period of time for backup, archive or audit purposes. Kidbo and its users may retain and continue to use, store, display, reproduce, save, modify, create derivative works, perform and distribute any of your User Content that other users have stored or shared on Kidbo.More simply put: If you choose to post content, you give us permission to use it to provide and improve Kidbo. Copies of content shared with others may remain even after you've deleted the content from your account.
d. Feedback you provide
We value hearing from our users, and are always interested in learning about ways we can make Kidbo better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Kidbo doesn’t waive any rights to use similar or related feedback previously known to Kidbo, or developed by its employees, or obtained from sources other than you.More simply put: We can use your suggestions to make Kidbo better.
4. Copyright Policy
Kidbo has adopted and implemented the Kidbo Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. More simply put: We respect copyrights. You should too.5. Security
We care about the security of our users. While we work to protect the security of your content and account, Kidbo can’t guarantee that unauthorised third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorised use of your account.More simply put: We take your data’s security seriously and will always work to protect it.
6. Third-party links, sites and services
Kidbo may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Kidbo. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third-party websites, services or content from Kidbo, you do so at your own risk and you agree that Kidbo has no liability arising from your use of or access to any third-party websites, services or content.More simply put: Kidbo has links to content outside Kidbo. Most of that stuff is great, but we're not responsible when it's not.
7. Termination
Kidbo may terminate or suspend your right to access or use Kidbo for any reason with appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason. Upon termination, you will continue to be bound by Sections 3 and 8 of these Terms.More simply put: Kidbo is provided to you free of charge. We reserve the right to refuse service to anyone, but we will be reasonable about it.
8. Indemnity
If you use Kidbo for commercial purposes (i.e. you are not a consumer), you agree to indemnify and hold harmless Kidbo Limited, their affiliates and their respective officers, directors, employees and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defence of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content or your breach of any of these Terms.More simply put: If we are sued because of something your business does on Kidbo, you will have to pay our costs.
9. Disclaimers
Our Service and all content on Kidbo is provided on an "as is" basis without warranty of any kind, whether express or implied.Kidbo specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising out of course of dealing or usage of trade.Kidbo takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose.
If you're a consumer in the EEA, we don’t exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
More simply put: Unfortunately, people might post bad stuff on services like Kidbo. We take that kind of thing seriously but you may still run into it before we have a chance to take it down. If you see bad stuff, please report it to us here.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIDBO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL KIDBO’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE DOLLAR (USD 1.00).If we cause damage to you and you are a consumer in the EEA, the above does not apply. Instead, Kidbo’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Kidbo is not liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or wilful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
More simply put: We are building the best service we can for you, but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.
12.Governing law and jurisdiction
These Terms shall be governed by the laws of the Hong Kong, without respect to its conflict of laws principles. If you are a consumer in the EEA, this will not deprive you of any protection you have under the law of the country where you live and access to the courts in that country.More simply put: Hong Kong is beautiful at this time of year. It doesn't matter what time of year it is – that is what is so great! Anyway, you will have to sue us here. In the EEA, this applies if you're a merchant, but not if you're a consumer. If you are a consumer in the EEA, you can sue us in your home courts.
13. General terms
Notification procedures and changes to these Terms
We reserve the right to determine the form and means of providing you with notifications, and you agree to receive legal notices electronically if that is what we decide. We may revise these Terms from time to time; the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use Kidbo once revisions have become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using Kidbo.More simply put: If we are making a big change to the Terms, we will let you know. If you do not like the new Terms, please stop using Kidbo.
Assignment
These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by Kidbo without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If you are a consumer in the EEA, Kidbo may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment, you are entitled to terminate the agreement with immediate effect by deactivating your account. Kidbo will provide you with reasonable notice of any such assignment.Entire agreement/severability
These Terms, together with the Privacy Policy and any amendments and additional agreements you may enter into with Kidbo, shall constitute the entire agreement between you and Kidbo concerning the Service. If any provision of these Terms is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Kidbo's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.Parties
These Terms are a contract between you and Kidbo Limited, a Hong Kong company with its registered office at Level 15, Yardley Commercial Building, 1-6 Connaught Road West, Sheung Wan, Hong Kong.More simply put: Who you deal with depends on where you live.
Effective: 30 July 2018