Terms of Usage

Please ensure to read these terms and conditions of usage carefully. These terms and conditions are binding in letter and spirit.

Installation

1. The user/subscriber agrees and consents to and shall be deemed to have agreed and consented to all the terms and conditions (present or modified from time to time), by subscribing/installing the software from the official web-portal/web-site (popularly known as "kidsafe360.com") of KidSafe360 (hereinafter referred to as "KidSafe360") and the same constitutes a legal binding contract.

2. You consent to KidSafe360 to check the requirements of your concerned phone according to the compatibility requirements mentioned on the Compatibility page, before placing the order.

3. These Terms and conditions of Usage (hereinafter referred to as "Terms of Usage") describe the terms and conditions applicable to your access and use of the web-portal and the software known as KidSafe360 (hereinafter referred to as "Software") made available through or in connection with the web-portal (hereinafter – the "Service"). These Terms of Usage set forth the terms and conditions under which KidSafe360 provides you access to the web-portal and the Service.

4. By installing KidSafe360/software on a phone, you unconditionally and unequivocally confirm, acknowledge and assure that you have proper consent/authority under applicable laws to install KidSafe360 & monitor the phone in question. If you have unwillingly or unknowingly installed/subscribed KidSafe360 on a phone for which you do not have rights to monitor, you undertake to contact us or write to us on contact@kidsafe360.com, immediately on the most urgent basis to get assistance on removing the software.

5. It is clarified that KidSafe360 software is granted to you only on license basis. All rights and authority over the software remains with KidSafe360. KidSafe360 shall have rights to withdraw its services/software, if it is given to know/understand/learn about misuse of the said software.

6. You represent, undertake and assure neither to use nor permit anyone to use the web-portal, software, or the Services in violation of any applicable laws. Notwithstanding the foregoing, KidSafe360 is not responsible in any manner whatsoever, for your access or use of the Software.

7. You are aware and understand that you require a physical access to a phone to install the Software.

Acceptance

1. By using KidSafe360 website and/or the Service(s) you represent and assure that you have read, understood and consent to all the Terms and conditions mentioned in the kidsafe360.com including but not limited to Terms of Usage and our End Consumer License, Privacy Policy and Refund Policy etc.

2. KidSafe360 in its sole discretion may revise these Terms of Usage, End Consumer License, Privacy Policy and Refund Policy at any time (on multiple occasions), without notice, and the new versions will be available on the web-portal and shall be binding in letter and spirit. In case if you have any objection to the same, you are under a legal obligation to stop using all the services of KidSafe360.

Monitoring

1. The web-portal and the Software of KidSafe360 shall be used only for the purpose of (i) parental control of child/children, (ii) by employers to monitor the phones, which belong to them and on which the employees work, after duly informing the employee about the software and its use, (iii) on a phone, which is of a user's ownership, (iv) by a user with consent of the phone owner. It is clarified that the software shall not be used for any purpose which is illegal, immoral or not permissible under any applicable laws.

2. You are not supposed to install KidSafe360 on someone's phone without his/her knowledge/consent and use his/her collected private data for any private/commercial purposes. If you are found indulged in any such activity, your license will be rendered void automatically and KidSafe360 shall have all the rights to stop its services forthwith. No refunds shall be entertained. KidSafe360 may also assist the government agencies in order to curb misuse of the software, by helping them to retrieve/receive data and records.

3. All the KidSafe360 subscribers are requested not to visit our office for the purposes of downloading & transferring the monitored data to an alternate storage device or gadget. You can only download your data from your KidSafe360 control panel. All those who demand the same, shall not be entertained under any set of circumstance.

Billing & Payment of License Fees

1. It is clarified that the software always remains the property and under exclusive ownership of KidSafe360 and only temporary, limited and revocable license is granted to you.

2. To subscribe the Software, you should create your account by completing the Billing Information and the Payment Method by providing your personal information.

3. You understand that KidSafe360 only receives the information provided by you as your ID and email;

4. By providing your information while subscribing the Software you are aware and understand that KidSafe360 does not collect this information, it is the Payment Provider that receives payment details;

5. You are aware and understand that KidSafe360 is not responsible for any third-party memory leak in databases and/or servers.

6. You represent, agree and admit that KidSafe360 is not responsible or liable in any manner (either directly or remotely) for the installation by you of the Software to a concerned phone.

7. You undertake to properly follow all instructions and documentation provided by KidSafe360 to you at kidsafe360.com;

8. You will not allow any other third party to access your account or to utilize the Software. In case the access your account was granted to a third party deliberately or by mistake or in any other way without your consent you acknowledge that KidSafe360 does not bear the responsibility therefore.

9. You will only install the Software on phones for which you are the owner or you received a valid and legal consent from such owner/user of the phone(s).

10. We reserve the right to modify, terminate or refuse the KidSafe360 service to anyone for any reason, without notice at any time.

11. We reserve the right to alter, modify, amend these Terms of Usage at any time. The altered, modified and/or amended terms of usage shall be binding on you. In case if the altered, modified and/or amended. Terms of usage is not acceptable to you, you shall forthwith inform in writing about the same to KidSafe360. You shall be responsible and undertake to be vigilant and keep yourself informed about any alteration, modification or amendment of terms of usage. KidSafe360 shall not inform about the said alteration, modification or amendment of terms of usage. Alteration, modification or amendment of terms of usage on KidSafe360.com shall without any further act or deed shall be deemed to be sufficient information/notice to you about all such alteration, modification or amendment of terms of usage.

Subscription

1. To subscribe you shall without fail first read all the Terms and conditions mentioned in the KidSafe360.com including but not limited to Terms of Use and our End Consumer License, Privacy Policy and Refund Policy etc.

2. Payment of requisite license fees after placing of order for installation of software is necessary and mandatory for subscription. All requests for installation in absence of payment of applicable license fees is liable to be rejected out rightly.

3. While placing the order you should complete the Billing Information and the Payment Method by providing your personal information. In case if you have any reservation(s) towards providing your personal information, you are requested not to subscribe for KidSafe360 software as though KidSafe360 endeavors to maintain highest order of security, however, it gives no guarantee/warranty.

4. The subscription period begins upon installation of the software and continues for the duration specified in your subscription plan.

Security

1. You are aware and understand that all the data collected by KidSafe360 is encrypted and stored in secure servers. KidSafe360 does not have any access to such encrypted data. Be as it may, KidSafe360 takes no responsible for any third party memory leak.

2. You agree and undertake that you are obliged to safely and securely retain the password provided to you by KidSafe360. Loss of password and any loss/damage (directly or remotely) resulting as a consequence thereof shall be solely your responsibility and you undertake to indemnify KidSafe360 for the same, without any limitation.

3. KidSafe360 stores user's login in database. User's password is not stored. We store only hash of the password generated. Thus, KidSafe360 at no point of time is aware of your password, which is only know to you. In case of disclosure of such encrypted data KidSafe360 shall not be held responsible. The subscriber/user indemnifies and undertakes to keep KidSafe360 and its directors, officials, staff indemnified from all claims, disputes, losses, damages, litigation etc.

4. KidSafe360 does not control, monitor and/or is not aware of the purpose a user uses/puts to use the Software and KidSafe360 may not be held responsible for any such use thereof. It is at a user's risk and responsibility. You undertake once again to use the software strictly in compliance with applicable laws, in letter and spirit. You shall be solely liable at your risk, costs and peril in case of failure to observe the same.

5. You are aware, acknowledge and admit that KidSafe360 does not encourage or asks its users to exploit the KidSafe360 service illegally or for any purpose/use other than those permitted under applicable laws.

Mandatory Requirements To Be A User

1. Before placing an order, you represent, acknowledge and agree that you are entitled under applicable law(s) to avail KidSafe360 services and are 18 year of age or above and of sound mind.

2. When installing the Software to a phone you acknowledge and agree that you are a parent to your minor child, or an employer and the employees' phone is owned by you and the employee is aware of the said software in all details, notified and received free consent from an owner of this phone, without any force or coercion.

3. The downloading/installation of the KidSafe360 software in any phone shall be done strictly under valid legal consent from the user/owner of the phone, given under free will, without any force or coercion. In case of any deviation from the above said, all liabilities shall solely rest on the defaulter (you/user). KidSafe360 takes no responsibility, whatsoever.

Software Updates/Improve

1. KidSafe360 team is continuously and zealously working towards providing of better and advanced software. In its endeavor to achieve better results and improve its services, KidSafe360 may update/make improvements in its software, from time to time, without any notice, for which you acknowledge, agree and accept the same, without any protest/objection.

Intellectual Property

1. Logos KidSafe360 and Trademark KidSafe360 is trademarks/proprietary rights of KidSafe360. Unauthorized use or permitting any other person to use the same is a violation of trademark laws, which also includes criminal prosecution. KidSafe360 shall be thankful, in case if you can spare your valuable time informing KidSafe360 about any such violation, which you may come across.

2. The web-portal, Service and Software are protected by Trademark and copyright laws.

Disclaimer

1. The web-portal and the service provided by KidSafe360 is on an "as is where is basis", without warranties/guarantees of any nature, either express or implied. KidSafe360 neither represents nor warrants any claim of accuracy, completeness or reliability of the software (either in part or full). You shall thoroughly examine and verify any information before relying on it and shall be solely responsible for the same at your risk and peril, for which KidSafe360 takes no responsibility. KidSafe360 does not warrant availability of its services during all times, at all locations. KidSafe360 also makes no claim that its services shall be free from all errors, uninterrupted, better than others, would be improved within a given time span, free from viruses, etc.

2. KidSafe360 understands that some states/territories do not accept/allow the disclaimer of implied warranties, in which case you are asked not to use/download/install the software in the said states/territories or use the same within the said states/territories. This is without prejudice to condition that only the courts of India shall have territorial jurisdiction and laws shall be applicable.

Limitation of Liability; Sole and Exclusive Remedy

1. Notwithstanding anything contained anywhere, to the maximum extent permitted by law, KidSafe360 disclaim all liability, whether based in contract, tort, strict liability or vicarious liability, and further disclaims all losses/damages, including without limitation direct, indirect, incidental, consequential, or special loses/damages arising out of or in any way connected with access to or use of the web-portal, the software and/or service, under any circumstances whatsoever.

2. Without limiting the foregoing, in no case shall the liability of KidSafe360 or any of the related parties exceed INR 5,000/-.

Indemnification

1. You agree to indemnify, defend and hold KidSafe360, its directors, officials and staff and all other related parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys' fees, resulting from or arising out of your use of the web-portal, the Software and/or the Service or any breach by you of these Terms of Usage or any other policies that KidSafe360 may issue for the web-portal, the Software and/or Service from time to time.

Assignment

1. KidSafe360 may assign these Terms of Usage, in whole or in part, to any person or entity at any time with or without any notice and your consent. Decision of KidSafe360 in this regard shall be final and binding. You agree to accept the said decision without any protest or objection.

2. You may not assign the Terms of Usage without KidSafe360's prior written consent, and any unauthorized assignment by you shall be null and void.

Governing Law

1. These Terms of Use are governed by the laws. The courts of India in exclusion to all other courts, shall have exclusive jurisdiction to settle any claim/dispute/difference which might arise out of or in connection with these terms and conditions and/or any other terms and conditions as provided on KidSafe360 web portal.

Usage

This application is strictly meant for kids and employee monitoring purpose only. If you wish to monitor a phone, you must have consent to do so or the device user must be aware about it. If it is found out that the application was installed without the knowledge or consent on a person's phone, we will immediately stop the services and the user of the application shall not be eligible for a refund in such a case.

Contact Information

If you have any questions about these Terms of Usage, please contact us at: