iKydz Terms and Conditions of Use
Use of the iKydz Services implies your acceptance of notices, use regulations and instructions made known to you by us following acceptance of these Terms; non-acceptance will lead to the termination of the iKydz Services.
We provide iKydz Services to help parents and legal guardians to manage their family’s use of the internet and internet-connected devices. iKydz Services are designed to help you to be able to control and monitor the use of your and your family’s computer internet-connected devices, with a parental control platform that allows you to set the level and degree of internet access and to enable optional services such as safe internet search and the internet monitoring of the devices. The purpose is to allow you to manage the internet-use of the devices by their users, when and to the extent that such activity is permitted by applicable law and without infringing the rights of others (including the fundamental rights of the users) or other applicable regulations.
You are solely responsible for the use of the iKydz Customer Portal and iKydz App and the processing of personal data associated with your iKydz Account which may include, amongst others, collecting, storing and analysing personal data from Device users. The iKydz Customer Portal and associated iKydz app automatically deploys the configuration and instructions given by you and you are solely responsible for this configuration.
iKydz Ltd disclaims responsibility for any illegal use you make of the iKydz Services.
iKydz Services are under development and we reserve the right to modify or temporarily suspend the iKydz Services at any time for any reason. Notice of any suspension will be made in accordance with these Terms. We may revise these Terms at any time; if we do so we will post an updated version with the date of the update posted below the effective date. It is your responsibility to visit this page periodically to review any updates. Your continued use of iKydz Services after any changes to these Terms constitutes your acceptance of the revised Terms.
Devices: means any devices, including but not limited to computers, laptops, phones, tablets, compatible with the iKydz Services which you either own or have a right to use.
iKydz Account: means the customer account created by You to allow you to access and use the iKydz Services.
iKydz App: means the Android and iOS app developed by iKydz Ltd and downloaded and installed in the parent or guardians’ Device that enables You to make use of the iKydz Services.
iKydz Customer Portal: means the iKydz online platform providing access to the iKydz Customer Portal control panel that enable You to access and use the iKydz Services.
iKydz Mobile: means the product developed and sold by iKydz, its affiliates or business partners, or their successors, that allows personalised control of access to websites, feeds, and other content on the Internet through mobile networks with which the iKydz Software was designed to be used and those products developed in the future, and products developed by third-party manufacturers that incorporate iKydz technology and iKydz Software.
iKydz SaferK: means the software developed by iKydz Ltd and downloaded and installed in your family’s Devices that enables You to make use of the iKydz Services.
iKydz Services: means the iKydz parental control service used by You, to enable the blocking, or limiting, of internet use or the blocking, or limited use, of categories of websites and/or apps or specific websites or apps and the monitoring and storing of online activity reports, at your discretion and by your configuration. The iKydz Service includes the use of the iKydz website, or applications designed to access the website, whether stand-alone applications for computers or mobile devices, and the iKydz Unit, iKydz Software incorporated into an iKydz Unit, the iKydz App, iKydz Mobile, associated iKydz SaferK application and the iKydz Customer Portal.
iKydz Software: means the software developed by iKydz Ltd downloaded and installed in your iKydz Unit, and available through the iKydz Customer Portal and downloaded and installed in your Device(s) to enable use of the iKydz Services, including the iKydz App, iKydz Mobile and iKydz SaferK. iKydz Software includes software applications that allow You to administer, configure, and manage your iKydz Services, and an Application Protocol Interface (“API”) that allows the iKydz Software to communicate with iKydz servers in order to facilitate the flow of information from the iKydz Unit and User Devices to You.
iKydz Unit: means a local control and internet access device that allows personalised control of access to websites, feeds, and other content on the Internet, sold by iKydz, its affiliates or business partners, or their successors, with which the iKydz Software was designed to be used, including iKydz Home and iKydz Pro and those products developed in the future, and products developed by third-party manufacturers that incorporate iKydz technology and iKydz Software. For purposes of this Agreement, “iKydz Unit” shall have the same meaning in singular as in plural.
Users: means any natural person using the Devices on which the iKydz Software is installed and/or accessing the iKydz Customer Portal
You: means all visitors, including individuals, family members, and other users, to the iKydz website, as well as all users of the iKydz Services.
3. Use of Service and Conditions
3.1. iKydz Unit License Grants
Subject to the Terms of this Agreement, You are hereby granted a limited, revocable, non-exclusive and non-transferable licence (without right to sub-licence) to:
- Install, administer and operate the iKydz Services (including the iKydz Unit and iKydz Software) as part of a home network or any other compatible network over which You have administrative authority;
- Install and integrate iKydz Software in conjunction with Your network, Your computer or mobile Devices and any other of Your Devices designed to access or use the iKydz Services
- Use the iKydz Software in complete, unmodified form on any such home network, computer, mobile Device or other Device designed to interact with the iKydz Services.
3.2. iKydz Mobile License Grants
Subject to the Terms of this Agreement, You are hereby granted a limited, revocable, non-exclusive and non-transferable licence (without right to sub-licence) to install and use one copy of the iKydz SaferK software on one of your Devices, for your own internal and private (domestic) use only.
3.3. iKydz Trial App Use
You may use the iKydz Trial app (which only provides demonstration data) under the above License at no charge (as indicated by us) for domestic use only on an as-is basis. This license includes only downloading, installing and using the iKydz App on your Device at home under your control. The iKydz Trial app does not provide any functionality to control or manage your Devices and only provides an example as to how the functions of the iKydz App would work.
3.4. iKydz Mobile User Free Trial
You may use iKydz Mobile under the above License at no charge (as indicated by us) for domestic use only on an as-is basis. This license includes only downloading, installing and using the iKydz App on your Device at home under your control.
3.5. Restriction on Modification
You may not modify the iKydz Unit or iKydz Services for use in any way other than as described in Sections 3.1 and 3.2. Any such modification will void any warranties, whether express or implied, on the iKydz Unit or iKydz Software. Further, any tampering with, destruction of, or other alteration of the iKydz Unit will void any warranties, express or implied, on the iKydz Unit. If and to the extent that the iKydz Software is designed to be compliant with any published communications standard (including, without limitation, Bluetooth SIG, IEEE, and ITU standards), You may not make any modifications to the iKydz Software that would cause the iKydz Software or the accompanying iKydz Unit to be incompatible with such standard.
3.6. Restriction on Distribution
You shall not distribute the iKydz Software, nor hold yourself out as a distributor, author, or creator of the iKydz Software, nor lead others to believe through implicit or explicit means that it has the right to sublicense or otherwise distribute the iKydz Software. You may not loan, lease, rent, distribute, resell, or otherwise distribute the iKydz Software other than as provided by the terms of this Agreement without the express written consent of iKydz.
3.7. Proprietary Notices
You shall not remove, efface or obscure any copyright or trademark notices from the iKydz Software. You acknowledge that any symbols, trademarks, tradenames, and service marks adopted by iKydz to identify the iKydz Software belong to iKydz and that You shall have no rights therein.
iKydz shall retain all right, title and interest, including all intellectual property rights, in and to (i) the design and technical specifications of the iKydz Unit; (ii) all current or future iKydz applications, including iKydz, iKydz Home, iKydz Pro, iKydz Mesh, and iKydz Mobile; and (iii) the iKydz Software. You hereby acknowledge and agree that You have no rights in the iKydz Unit or in iKydz Mobile apart from those granted in this Agreement. You hereby covenant that You will not assert any claim that the iKydz Software provided by iKydz hereunder and used or accessed by You from time to time, regardless of whether created by or for iKydz, including any derivative works thereof, infringes any intellectual property right owned or controlled by You.
3.9. No Other Rights Granted; Restrictions
Apart from the license rights expressly set forth in this Agreement, iKydz does not grant and You do not receive any ownership right, title or interest nor any security interest or other interest in any intellectual property rights relating to the iKydz Unit, iKydz Mobile and the iKydz Software, nor in any copy of any part of the foregoing. iKydz Services may only be used for monitoring usage of Devices in a domestic context, for controlling use of these Devices by your Users when and to the extent such activity is permitted by applicable law and without infringing any third party rights (including your User’s fundamental rights) or other applicable regulation. You agree to indemnify and hold iKydz harmless to the fullest extent allowed by law regarding all matters related to your use of the iKydz Services. In addition, you may not:
- use, license, sell or otherwise distribute the iKydz Unit, iKydz Mobile or iKydz Software except as provided in this Agreement;
- attempt to reverse engineer, decompile or disassemble any portion of the iKydz Unit or iKydz Software;
- attempt to steal from or gain unauthorised access to the iKydz Services
- use iKydz Software in a computer-based services business or publicly display visual output of iKydz Software; or
- query the API in a manner which causes damage to iKydz servers, or interferes with the operation of the API for other users;
- attempt to utilise the API as a vector for scripts, worms, malware, or other intrusions into iKydz servers for any reason;
- use the iKydz Unit, iKydz Mobile, iKydz Software or iKydz Services for the purpose of directly competing with iKydz; or
- use the iKydz Unit, iKydz Mobile, iKydz Software, iKydz Services or other material in violation of any applicable law or regulation, including but not limited to any regulatory agency rules.
- not use the Services for any illegal or unauthorised purpose or any activity that infringes third party rights or breaches these Terms
- use the Services in any manner that may deteriorate the iKydz Services
3.10. Prohibitions on Use
You agree not to use or permit use of the iKydz Services to monitor or control Users Devices and activities in any of the following conditions:
- When the Devices are not your property (or of your immediate family members) or have not been leased to you
- When it is not clear in your jurisdiction that controlling and monitoring use of the Devices through the functionalities offered by the iKydz Services are permitted by law or regulation.
- When it is not clear in your jurisdiction that controlling and monitoring use of the Devices through the functionalities offered by the iKydz Services does not require express User consent, unless such express consent is obtained and documented by you.
- When there are no guarantees that the use of information obtained through using the iKydz Services will respect third party (including Users’) rights and applicable regulation.
3.11. Content Blocking Not Guaranteed
You acknowledge that use of the iKydz Services does not guarantee that content you deem objectionable will be 100% unavailable at all times or at any time. You assume full risk and responsibility for the use of or reliance on the iKydz Services as regards content blocking. “False positive” content blocking may occur from time to time or at any time. We strive to allow sufficient control of content filters to allow User acceptable content through, if that is the intent of the User. However, there is no guarantee that some content that You would deem acceptable will not be blocked by the iKydz Services. In the event that you believe iKydz is miscategorising a site or service, please contact iKydz support at email@example.com to submit the issue for review.
We reserve the right to exclude you from iKydz Services without prior warning should you, or any of your Users, breach these Terms.
4. Term & Termination
Subject to payment, where applicable, of the fees, your iKydz Account shall be activated and remain in force for the term indicated below, unless terminated by either us or you hereunder:
- iKydz Trial App: use of the iKydz Trial App (demonstration data only) for a period of 30 days from the registration of the iKydz Account.
- iKydz Unit: subject to proof of purchase, the use of the iKydz Services using the iKydz Unit.
- iKydz Mobile User Free Trial: use of the iKydz Services for a period of 30 days (or for the period determined by the conditions of the free trial) from the registration of the User Account.
- iKydz Mobile User: subject to payment of the fees, use of the iKydz Services for the contracted term, in accordance with the payment plan you have chosen. Plans are automatically renewed for the same term, unless written notice of cancellation is provided by either party at least 30 days’ prior to renewal.
You may cancel your iKydz Account at any time. All cancellations should be addressed to: firstname.lastname@example.org. No refunds will be given for early termination unless we are in breach of these terms. In addition, we reserve the right to cancel this agreement with you if:
- the provision of the Services is, in our sole opinion, no longer commercially or otherwise viable or
- your iKydz Mobile User payment has not been made within 15 days of the payment due date; in this event, we will notify you by email (to your registered email address) of the failure to pay on the day of the initial failed payment, and provide you 15 days’ notice of termination.
4.3. Termination for breach
We may suspend or cancel your registration immediately in case of breach by you of these Terms, by written notice. We may cancel the Account of any Free Trial User at any time, with 30 days’ notice of termination, and of iKydz Mobile Users by providing you with 30 days’ notice prior to the end of any iKydz Mobile User term.
4.4. Upon Termination
On termination for any reason, your access to your iKydz Account and all of its content will be disabled and your content deleted, except as maintained in backups (for back-up retrieval purposes only or for any legal contingency). You shall uninstall all iKydz Software following the instructions of your Device operating system.
5. Your Responsibilities
You must register and create an iKydz Account in order to access and use the iKydz Services. To register, you must create an account by completing the corresponding form with your details (email and name) and agreeing to these Terms. You warrant that this information is and will at all times be correct, complete and accurate. A verification email will be sent to you, and we will try to provide you with access to the iKydz Services immediately.
Passwords for your iKydz Account must be kept confidential and it is therefore your responsibility to safeguard and ensure their correct use. You agree to notify us immediately upon disclosure of the passwords, or upon learning of any unauthorised use of your iKydz Account or any other breach of security known to you. To notify us, email email@example.com.
5.3. iKydz Customer Portal & iKydz App
You are solely responsible for how the iKydz Customer Portal and iKydz App controls are configured and the processing of any personal data through the iKydz Services as a consequence, including its collection, storage and analysis on the iKydz Customer Portal. iKydz automatically implements the configuration and instructions provided by you.
5.4. Collaboration with compliance with current regulations.
You agree that we can configure the iKydz Services so that access to certain websites, protocols or technologies is not possible while the iKydz Services are used. Especially, but not only, we can use this option in cases where:
- it is known or suspected that these are used to violate mandatory applicable laws and regulations and/or
- if we believe (at our absolute discretion) that these may be harmful to the iKydz Services.
6. User Data
6.1. User Content
6.2. Responsibility for User Content
We do not control or supervise any User Content, except when required to in accordance with your instructions (e.g. through configuration of the iKydz Customer Portal or iKydz App) or by applicable law, competent court or administrative decision. We do however reserve the right to eliminate at any time any User Content if we become aware that it infringes or may infringe the law or third-party rights. You Must Have Rights to the Content You Post. You represent and warrant that:
- you own the content posted by you on or through the iKydz Services or otherwise have the right to grant the license set forth in these Terms,
- the posting and use of Your User Content on or through the iKydz Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and
- the posting of Your User Content on the iKydz Services does not result in a breach of contract between you and a third party.
- You will not post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity
- You will not harass, stalk, abuse, or post irrelevant or objectionable material
- You will not post advertising, marketing, or spam links or content, except as specifically allowed by these Terms (posting the same content more than once can be considered “spam” or “spamming”)
You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the iKydz Services. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.
6.3. User Content on termination
In the event of termination for any reason, your access to your iKydz Account and all of your User Content will be disabled and your User Content will be deleted. However, we may retain such User Content:
- under backup protocols and
- to cover any legal responsibilities that may arise from our relationship with you. Access to such data will be blocked in accordance with applicable laws unless such event arises.
6.4. Data retention
If there are any data you wish to retain for legal purposes, you must request it via the control panel of the Platform prior to termination. You are responsible for the conservation of such data. If we terminate the contract without notice because you have breached these Terms, you must provide evidence to us of the need to retain the data within 3 days following termination, and you will have an additional 5 days to obtain these data. We will also retain data according to that set out in our Data Retention Policy.
7. Charges and Payment of Fees
Fees for iKydz Units and iKydz Mobile and any payment plans are set out at www.ikydz.com or via our resellers (“Fees”). For the payment plans, you agree to pay the Fees set out in the Plan selected by You. Payment is by way of online payment system provided by us or as agreed by us. We are not responsible for the data processed by our payment gateway provider which will be done pursuant to the terms made available to you in the payment process. On periodic renewal, you will be charged at the then current price, unless otherwise agreed in writing with us. Fees are non-cancellable and non-refundable. Fees for additional Users or Devices added during the subscription term are charged at the same price as for the pre-existing subscriptions, and the overall subscription fees will increase accordingly.
7.2. Price updates
Prices for the iKydz Services may change at any time by giving you at least thirty (30) days prior written notice. If you do not reject such a price change in writing requesting the termination of the iKydz Services, you will be deemed to have accepted the new prices. New prices applying to the next renewal period or subscription can be communicated at the moment of the subscription or renewal. In case of any continued use of the iKydz Services after the date of renewal, you will be deemed to have accepted the new prices.
Invoicing for Fees will be issued upon acceptance of the online order and 15 days prior to renewal of the subscription period. You will be invoiced for additional Users – for a full period, regardless of the start date. Renewals are charged with regularity as set out in your order form. Unless otherwise specified in the order, invoices are issued in euros or dollars (as indicated). You agree to provide us or our distributor complete and accurate billing and contact information.
Unless stated otherwise on your order form, all amounts invoiced shall be due and payable in advance on contracting the service and 7 days prior to renewal. We reserve the right to suspend or terminate this Agreement and access to the iKydz Services if you do not pay in timely manner. In the event of credit card payment, you will provide us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to us. If you provide credit card information, you authorise us to charge such credit card for all iKydz Services set out in the order form for the initial subscription term and subsequently any renewal subscription term(s).
7.5. Late Payments
Overdue charges may accrue late payment interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In the event of late payment, we may condition future subscription renewals and Order Forms on payment terms shorter than those specified herein or we may suspend or terminate this Agreement and access to the iKydz Services.
Unless otherwise provided, prices do not include any taxes that may apply, including without limitation VAT or equivalent sales tax, such taxes being your responsibility. If we have the legal obligation to pay or collect taxes for which you are responsible under this clause, the appropriate amount shall be invoiced to and paid by You, unless You provide us with a valid tax exemption certificate authorised by the appropriate taxing authority.
8. Service Provision, Security and Support, Suspension
8.1. Service Provision
We use reasonable endeavours to make available to you at all times the iKydz Services but we shall not, in any event except for our own negligence, be liable for interruptions of iKydz Service or down-time. Due to special maintenance, security or capacity issues, and also to some events over which we may not influence (e.g., anomalies in public communication networks, electricity cut offs, etc.), iKydz Services may be temporally suspended or affected by brief anomalies.
You understand that the iKydz Services will be used for transmission of your User Content to the iKydz Services, collected from the Devices associated to the User Account, and that during processing, this User Content, including contact names, email or IM communications, social network activity and other account information, are transferred (encrypted) over the Internet. Currently they are not stored in an encrypted manner, as this would prevent the monitoring and filtering services.
We agree to keep confidential and use best efforts to prevent and protect the User Contents from unauthorised disclosure or use, except when required to disclose such User Content by court of law or public authority.
In addition to monitoring User behaviour at your request and on your behalf in accordance with these terms, which is the one of the objectives of the iKydz Services, you agree to us including optional functional usage tracking capability which allows us to collect, for improving our own iKydz Services, general statistical information about iKydz Service usage. This information is collected by us associated to your Account, but is subsequently processed on an anonymous basis.
We try to provide the iKydz Services 24/7, however due to maintenance, security or capacity issues, and also to some events over which we may not influence (force majeure), the iKydz Services may be temporally suspended or affected. Our support policy is set out www.ikydz.com.
8.6. Technical Requirements
The technical requirements of the iKydz Unit, iKydz Mobile and iKydz Software are set out at www.ikydz.com (in particular, https://www.ikydz.com/system-requirements).
9. Privacy and Data Protection
9.1. Privacy and data Protection
10. Warranties and Support
10.1. Your warranties
- You are older than 18 years old
- You are either the owner of the Devices on which you wish to install the iKydz software, or You are the tenant of such Devices and, if legally required, have the authorisation of the owner of such Devices.
- there are mandatory rules in your country that would exempt you from the aforementioned obligations.
10.2. One Year Limited Warranty on the iKydz Unit
This warranty covers the operation of iKydz Units in Your home network. Except as described in Section 3.4 above, iKydz Units carry a warranty of operability for a period of one (1) year from the date of purchase. If an iKydz Unit fails to power on, does not successfully initialise, or otherwise fails during the warranty period, Your first recourse for refunds or exchanges is to the retailer where the iKydz Unit was purchased according to the retailer’s return policies. If the retailer is unable to exchange or refund the purchase, You may send the malfunctioning unit, along with a copy of the purchase receipt and, if applicable, a description of the problems encountered, to:
E7 Network Enterprise Park
iKydz will inspect the iKydz Unit and any accompanying documentation of malfunction. After such inspection, and depending upon the findings of such inspection, iKydz may at its discretion:
- return the iKydz Unit to You with a certification that it is functional;
- repair any defect and then return the iKydz Unit to You with a certification that a repair has been made, and that the iKydz Unit should now function normally;
- issue a refund to You; or
- send a replacement iKydz Unit to You.
You are entitled under this Section 10.2 to a refund of your purchase price, repair of you iKydz Unit, or replacement iKydz Unit, You acknowledge and agree that this limited warranty provides no other remedies or implies any liability on iKydz’s part. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Insofar as You utilise iKydz services installed on third-party hardware, any questions or concerns related to the functioning of the hardware must be handled in accordance with the third party’s expressed warranty and remediation processes. iKydz in no way assumes responsibility for the functionality or operability of third-party hardware.
10.3. Guarantee of conformity (if applicable)
Should the consumer rules be applicable to you, we recognise and warrant that the iKydz Services conform to the description given by iKydz and conform to applicable laws. You should consult the deadlines, forms and consequences of exercising this right to the applicable specific consumer legislation.
10.4. No application of the right of withdrawal
Because the provision of the iKydz Services starts and runs completely at same time as each new subscription period begins simply by entering your iKydz Account, you agree that in case applicable regulations gives you a right of withdrawal, you will and may not exercise such right of withdrawal in order to waive to your subscription for that period and recover payment of the subscription period.
Our iKydz Services may contain links to third party Internet sites. We make no representation whatsoever nor accept any responsibility about such sites nor have any control over them. Any third-party content or a link to a third-party site is for informational purposes only.
10.6. No Support
Nothing in this agreement shall obligate iKydz to provide any support for the iKydz Software. IKydz may, but shall be under no obligation to, correct any defects in the Software and/or provide updates to licensees of the Software. You shall make reasonable efforts to promptly report to iKydz any defects you find in the Software, as an aid to creating improved revisions of the Software. iKydz shall have a worldwide, perpetual, royalty-free non-exclusive license to make use of any suggestions, comments or statements of Licensor in enhancing or correcting the Software and Licensor shall receive no compensation for their contribution.
10.7. Supported Uses
The iKydz Services are limited in the systems and applications that are supported. iKydz is under no obligation to support, and does not license, unsupported uses of the iKydz Services for reasons other than those described in the iKydz documentation.
10.8. Permission to Access
You understand and agree that directly requesting support through any communication channel for the setup, continued use, or technical troubleshooting of your iKydz Services will also constitute express permission to allow iKydz or its duly authorised support representatives to access Your configuration files and other information stored on iKydz servers. iKydz requires such access in order to troubleshoot, debug, or optimise the setup or use of Your Account. You may limit the level of access iKydz or its duly authorised support representatives have to Your server-side information only by explicitly stating at the moment of the support request the specific limitations they wish to impose with regard to the logs, diagnostics, configurations, software processes, or other server-side information. iKydz or its duly authorised support representatives will only access such information under the conditions set by You. Whether or not You set any limitations on remote access, iKydz will discontinue access upon resolution of the support request.
11.1. Liability Limitation
You expressly understand and agree, except as established by mandatorily applicable law, that
your use of the iKydz Services, including any content, information or functionality contained within it, is at your sole risk and is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- iKydz make no promises and disclaim all liability of specific results from the use of the iKydz Service and make no warranty that:
- The iKydz Service will meet your requirements
- The iKydz Service will be uninterrupted, timely, secure or error-free
- The results that may be obtained from the use of the iKydz Service will be accurate or reliable
- The quality of any goods or service available on the iKydz Service will meet your expectations, and:
- Any errors in the iKydz Service will be corrected; and
- Any material downloaded or otherwise obtained through the use of the iKydz Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of such material.
- in no case is iKydz, its directors, employees, shareholders, or affiliates responsible or liable for any indirect or consequential loss, including without limitation, damages, loss of reputation, equipment failures or other damage or loss, arising out of or relating in any way to:
- The use or the inability to use the Services;
- reliance placed by you on the completeness, accuracy or existence of any of the Services;
- any changes which we may make to the iKydz Services, or for any permanent or temporary cessation in the provision of the iKydz Services;
- unauthorised access to or alteration of your data or failure to keep your password or account details secure and confidential;
- the deletion of, corruption of, or failure to store, any your content and other communications data maintained or transmitted by or through your use of the iKydz Services;
- any errors in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the iKydz Services; or
- statements or conduct of any third party on the iKydz Service.
11.2. Our aggregate liability
Our aggregate liability arising out of this statement or iKydz will not exceed either (a) the greater of one hundred euros (€100) or (b) the total fees paid by you to the Company until the date, whichever amount is the lowest. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
12. Intellectual Property Rights
We own or are licensees of all intellectual and industrial property rights in the technology underlying the iKydz Services. Access to and use of our iKydz Services does not imply any transfer of all or part of these rights to you. iKydz Software shall remain the exclusive property of iKydz and all rights therein, including all rights in patents, copyrights, trademarks and trade secrets applicable thereto, shall remain vested in iKydz and/or our licensors. You shall do nothing inconsistent with our title. You shall not transfer, sell, assign, sublicense, pledge or otherwise dispose of, encumber or suffer a lien or encumbrance upon or against any interest in the Software without our prior written approval. You shall not remove any trademark, trade name, copyright notice or other proprietary notice about our Services.
You will not use our trademarks, trade names, logos, domain names, other distinctive brand features or any copyrighted material or which are associated with iKydz without our consent.
These Terms constitute the entire agreement between you and iKydz concerning your use of the iKydz Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
You agree to indemnify iKydz, and its agents, directors, officers, employees and partners against any loss, liability or cost arising out of your breach of any of these Terms or of any applicable laws, rules or regulations or any third party rights in connection with your use of the iKydz Services.
13.4. Contact and notifications
You agree to receive our email notifications related to the iKydz Services. We will not share your email with third parties except as indicated herein. We may contact you for information and service notifications relevant to your account or when required by law. You hereby acknowledge and consent that such notices will be effective upon our posting them on the iKydz Website or iKydz Customer Portal or delivering them to You through e-mail. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
13.5. Law and Jurisdiction
These Terms and the provision and use of the iKydz Services are subject to Irish Law without regard to its conflicts of laws provisions. For the resolution of any conflict regarding the interpretation, performance or breach of these Terms or use of the iKydz Services, the parties submit to the exclusive jurisdiction of the Courts of the Republic of Ireland, without prejudice to any applicable consumer rights to bring actions in the court of the user’s domicile. The parties agree to use all reasonable efforts to resolve such issues amicably prior to initiating any legal action.
13.6. Online Conflict Resolution
The European Commission provides an online dispute resolution platform available here: http://ec.europa.eu/consumers/odr/
Any questions regarding iKydz, our products and services or these Terms should be addressed via the online web form or to firstname.lastname@example.org. iKydz Ltd is registered in Ireland, number 562098, with its registered address at E7 Network Enterprise Park, Kilcoole, Co. Wicklow, A63KV04, Ireland. VAT No. IE3384973RH.