Terms and Conditions
Welcome to our Terms and Conditions page. It's important to read and understand this document, as it has been written in a clear and transparent manner to prioritize your safety. We've crafted these terms to protect our users and ensure that your data is never compromised for revenue-maximizing pursuits.
Terms and Conditions
These Terms of Services (“Terms”) apply to your access to and use of the websites, applications and other online products and services (collectively, our “Services”) provided by PARNIKA KID TECH PRIVATED LIMITED. (“Kidandtech”, “we” or “us”). By accessing or using our Services, you agree to these Terms. If you do not agree to these Terms, do not access or use our Services.
We may make changes to these Terms from time to time. Depending on the nature of the change, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and update the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
User rights
Subject to all terms and conditions of these Terms, Kidandtech grants you a limited, non-exclusive, non-sublicensable, royalty-free, non-transferrable access to its Products and Services for your personal, non-commercial purposes. The Services are subject to modification, restriction, or suspension from time to time at Kidandtech’s sole discretion, for any purpose deemed appropriate by Kidandtech.
You will not, and will not permit any third party to: reverse engineer (except to the limited extent applicable law expressly prohibits such a restriction), decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation, reports, or data related to or generated by the Services; modify, translate, or create derivative works based on the Services; use the Services for timesharing or service bureau purposes or for any purpose other than its own internal business purposes; use the Services other than in accordance with these Terms and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy laws) or in any manner that infringes or violates the intellectual property rights or proprietary rights of any third party; or use the Services in any manner that is harmful, fraudulent, deceptive, threatening, abusive, obscene, libelous, or otherwise objectionable.
The Services, this Website and other content contained therein (collectively, the “Kidandtech Content”) are owned by or licensed to Kidandtech and are protected under both local (India) and foreign laws. Except as explicitly stated in these Terms, Kidandtech and our licensors reserve all rights in and to our Services and the Kidandtech Content.
User accounts
You may need to register for an account to access some or all of our Services. You must be at least 18 years old or the age of majority in your jurisdiction to create an account on the Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to suspend or terminate your account if we reasonably believe that you have violated these Terms. We will use the information you provide in accordance with our Privacy Policy.
By creating an account, you also consent to receive electronic communications from Kidandtech (e.g., via email or by posting notices on our Services). These communications may include notices about your account (g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Kidandtech offers support through its support pages in its website and its parent control center dashboard. We will use commercially reasonable efforts to respond to your support requests in a timely manner, but we do not promise that we can fix the problem you may be having.
User data
At Kidandtech, we are committed to maintaining the privacy and security of your data. This Data Privacy section outlines how we collect, use, and share user information in relation to our services and products under the branding of Kidandtech. By accessing and using our services, you consent to the practices described herein.
Sharing User Information with Third-Party Service Providers:
Kidandtech collaborates with third-party service providers to offer our services and products. In order to provide these offerings, we may share certain user information with these third parties. This information includes, but is not limited to:
– User device details and specifications.
– Device status and operational logs for devices managed by Kidandtech.
– Current activity and status of the user’s device.
– All data transmitted by the user’s device to our third-party service providers.
By utilizing our services, you acknowledge and agree that this sharing of information is necessary to facilitate the functionality and delivery of our services under the Kidandtech branding.
Third-Party Service Provider Agreement:
By using our services, you also acknowledge that our end users are required to comply with the terms of service and privacy policy of our third-party service provider, Esper. These terms and policies are linked here in this page or can be found on Esper’s official platform. You understand that your use of our services implies acceptance of Esper’s terms of service and privacy policy, which govern the usage and handling of your data by both Kidandtech and Esper.
Data Collection and Analysis:
Kidandtech reserves the right to collect, aggregate, and analyze data from our users’ interactions with our services and products. This data may include usage patterns, preferences, and other relevant metrics. The purpose of this data collection is to improve and enhance our offerings, ensuring a better experience for our end users. Such data will be used in a manner that maintains the privacy and confidentiality of individual users.
Your Consent:
By using our services, you grant Kidandtech the necessary permissions to share user information with third-party service providers as described in this Data Privacy section. You also agree to be bound by Esper’s terms of service and privacy policy as part of your use of our services.
Changes to this Data Privacy Section:
Kidandtech reserves the right to update and modify this Data Privacy section to reflect changes in our practices or legal requirements. Any such updates will be communicated to users through appropriate channels.
If you have any questions or concerns about the privacy of your data or this Data Privacy section, please contact us at support@kidna.
By continuing to use Kidandtech’s services, you acknowledge that you have read, understood, and agreed to the practices outlined in this Data Privacy section.
Parental Device Control and Data Access Clause
By using your account with Kidandtech, you acknowledge and agree to the following terms and conditions regarding the control of your child’s device and the access to data associated with it:
Device Control and Data Access:
As a parent or guardian, you are granted the ability to use your Kidandtech account to control your child’s registered device at a policy level. This control encompasses managing device settings, usage restrictions, and other related features that facilitate responsible device usage for your child.
Data Visibility:
By using your Kidandtech account to control your child’s device, you understand and acknowledge that you will have access to the data stored on your child’s registered device. This data includes information related to device activity, usage patterns, and any content stored on the device. You also grant unrestricted access to this data to Kidandtech and its third party service providers to enable kidandtech to provide its services, products and support to you.
Exclusive Rights to Control and Access:
You grant Kidandtech and its third-party service providers exclusive rights to control the registered device on your behalf. This control extends to implementing policies, managing settings, and enforcing usage restrictions as configured through your Kidandtech account.
Consent and Authorization:
As a parent or guardian, you confirm and guarantee that you hold the legal right to provide Kidandtech and its third-party service providers with the necessary consent and authorization to control the registered device on behalf of you and your child. This consent includes granting complete access to the data associated with the registered device.
Ownership and Responsibility:
You retain ownership of the registered device and its associated data. Kidandtech and its third-party service providers act as your authorized agents to facilitate the control and data access as specified in this clause.
Child’s Data
You acknowledge that the data associated with the registered device pertains to your child’s usage and activity. By using Kidandtech’s services, you agree that any data generated, collected, or associated with the registered device is related to your child’s interactions and usage.
By utilizing your Kidandtech account to control your child’s device and access associated data, you affirm that you have read, understood, and consented to the terms outlined in this clause. Furthermore, you acknowledge your responsibility to ensure compliance with applicable laws and regulations related to child data protection and privacy.
Your continued use of Kidandtech’s services signifies your acceptance and agreement to the terms stated in this clause.
Payment, Billing, Term and Termination
Payment and Billing:
You understand and agree to the pricing terms for the services provided by Kidandtech. Payment for services can be made through various accepted methods as outlined in our billing procedures.
Subscriptions and one-time purchases are subject to the payment terms specified at the time of purchase. You are responsible for timely payment of subscription fees and any applicable taxes.
Termination of Services:
You may terminate your use of the Services at any time by informing us in writing and placing a request to us for deleting your account. Kidandtech may terminate the availability of the Services at any time for any reason or for no reason upon written notice to you (email sufficing).Kidandtech may suspend or terminate your access to the Services at any time and without notice, if Kidandtech reasonably believes in its sole discretion that you have breached any of these Terms.
Termination of your use of our services will not automatically services that have already been paid for via subscriptions. Services under subscriptions will continue until the end of their respective billing periods unless you explicitly requested for your deletion of account.
Refund Policy
If you have an active subscription that has been in effect for any period beyond 7 days, you acknowledge and agree that you are not entitled to claim a refund for any unused portion of the subscription.
Refund requests for purchases made within 7 days of the transaction date will be considered. However, it is important to note that submitting a refund request does not guarantee a refund or a full refund.
The decision to grant a refund or a partial refund rests solely at the discretion of Kidandtech and its internal authorities. Factors such as the nature of the service, usage patterns, and the circumstances of the refund request will be considered in making this determination.
Refund decisions are final and non-negotiable. You acknowledge and agree that Kidandtech’s determination on refund requests is binding.
Contact for Refund Requests:
For refund requests and related inquiries, please contact our customer support team through our standard support channel on our website www.kidandtech.com or through our parent controle center dashboard at app.kidandtech.com . We will endeavor to address your concerns promptly and provide you with assistance as needed.
By continuing to use Kidandtech’s services, you confirm that you have read, understood, and agreed to the terms stated in this Payment, Billing, term and Termination clause. Kidandtech reserves the right to update and modify these terms as necessary, with any changes being communicated through appropriate channels.
Limitation of liability and Indemnification
The site is presented “as is.” neither we nor our holding, subsidiaries, affiliates, partners, third party service providers or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, third party service providers or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site or its services; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, its services, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the company. we make no representations or warranties that defects or errors will be corrected.
Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, third party service providers or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site, its services, apps, dashboards etc or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.
You agree that no claims or action arising out of, or related to, the use of the site, our services, apps, controle dashboards etc or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. if you have a dispute with us or are dissatisfied with the site, services, apps, dashboards, termination of your use of the site, service, app and dashboard is your sole remedy. we have no other obligation, liability, or responsibility to you.
To the extent permitted by law, you shall defend, indemnify, and hold harmless Kidandtech, its affiliates, and each of its, and its affiliates’, employees, contractors, directors, suppliers, licensors and representatives, from and against any liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, arising from your breach of these Terms or you misuse of the Services.
This disclaimer constitutes an essential part of this Terms of Use.
Dispute resolution
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Bangalore shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Bangalore.
Without any prejudice to particulars listed “User rights” clause above, the Company shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Bangalore.
accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
sending unsolicited email, including promotions and/or advertising of products or services; or
forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability
The Company is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site, its products and its services or any activity being conducted on this Site or within relevant products and services. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
General
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of our Site, services, apps and dashboards and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site, services, apps and dashboard thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site, services, apps and dashboards.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
Last edited on 26 Aug 2023