Term of Use
LilDrills is a mobile application (the “App”) designed to help parents (“You” or “Users”) instill lifelong habits in their children, who also get rewarded for completing tasks. LilDrills is a product owned and developed by Kidberry Inc. (the “Company,” “Kidberry” or “We”) Kidberry is a Delaware Corporation with its principal place of business at 1007 Chestnut St., Newton MA 02464.
This Agreement may change from time to time. If Company makes any major changes to Company policies, We will post a notice on the Website or the App. If the change significantly affects Users, We will send a notice to You by email. If We make any substantial changes in the way We handle children’s personal information, We will first notify and obtain the prior consent of their respective parent or legal guardian.
- Ownership of App and Website Content
The Website and App are both owned by Kidberry. Kidberry owns the copyright for all elements of the Website and the App, and all related intellectual property rights including, but not limited to, all trademark rights, patent rights and moral rights, with the exception of third party trademarks and user generated content as more fully discussed below. The elements of the Website and the App (together, the “Site Content”) include, without limitation, the content, software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress and stylistic convention of the Website and the App. Use of the Site Content does not give You ownership of any Site Content.
Except for third party logos and trademarks (including but not limited to those owned by Google, Facebook, and Apple, each of which are owned by their respective owners), all trademarks, logos, service marks and trade names (collectively, the “Trademarks” displayed on the Website, the App or in the Site Content are registered or unregistered trademarks of Kidberry, Inc. and may not be used without Company’s authorization in each instance. All trademarks not owned by Kidberry, Inc. which appear on the Website, in the App or in the Site Content, if any, are the property of their respective owners. Nothing contained on the Website or in the App should be construed as granting You, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed therein.
- Use of Services
You may access the Services only for You and Your children’s personal, noncommercial use, and provided that You do not remove or alter any Site Content. You may not (except where We have given You express permission or You are otherwise permitted by law) modify, copy, distribute, download, upload, post, broadcast or transmit, display, disassemble, perform, reproduce, publish, license, decompile, reverse engineer, create derivative works from, transfer, sell, or make other use of any of the Site Content. Any use of the Services, other than as explicitly permitted in this paragraph, is unauthorized and may be a violation of applicable federal or state law.
- Registration and eligibility
To create an Account, You must be at least 16 years old and not barred from using the App under applicable law.
Kidberry makes the App free because everyone should have the opportunity to use the Services. Standard (free) Accounts limit the number of Parents, children, and “Tasks” that can be fulfilled at any one time to one (1).
Upgrading a standard Account to a Premium Account costs money, but it allows for multiple Parents and multiple children to use the App at once, removes the limit on the number of Tasks that can be fulfilled, provides additional features such as tracking the location of a child’s phone, controlling a child’s phone battery charging capabilities, and other features as may be added from time to time.
Only a Parent can upgrade to a Premium Account, because a Premium Account requires the Account to be linked to a payment method, as billed through the Google Play or App Store. Premium Account subscriptions are offered on either a monthly or yearly basis. New Premium Account subscriptions on yearly basis include a free seven (7) day trial period.
Premium account prices may vary by region and currency. A premium account may be cancelled at any time through a Parent’s “Account” page, on the “Subscription” page, via the user’s Google Play or App Store, by emailing customer support at email@example.com or through our web contact form, but Kidberry does not offer any refunds following the expiration of the seven (7) day trial period.
All purchases must be authorized by the cardholder or the payment method account holder. If Your payment method was used to purchase a Premium Account without permission, immediately contact us at firstname.lastname@example.org or via our support form.
- Prohibited User Conduct
You warrant and agree that, while accessing or using the Services, You will not: impersonate any person or entity or misrepresent Your affiliation with any other person or entity, whether actual or fictitious; insert Your own or a third party’s advertising, branding or other promotional content into any of the Site Content or Services; obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Services through any means, including through means not intentionally made publicly available or provided for through the Website or App; engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Website or App, or obtaining lists of users or other information from or through the Website or App, including, without limitation, any information residing on any server or database connected to the Website or App; use the Site Content or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Website or App or interfere with any other party’s use and enjoyment of the same, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; use the Site Content or the Services in violation of the intellectual property or other proprietary or legal rights Kidberry or any third party; use the Website or App or the Services in violation of any applicable law; or
attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site Content or the Services.
You alone are responsible for ensuring that Your conduct, and the conduct of all other Users who gain access to the Services through Your account, comply with the Agreement.
- Links to Third Party Sites
- Links toThe Website from Third Party Sites
You agree that if You include a link from any other web site to the Website such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the Website. You are not permitted to link directly to any image hosted on the Website, such as using an “in-line” linking method to cause the image hosted by Company to be displayed on another website. You agree not to link from any other website to the Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may require that any link to the Website be discontinued, and to revoke Your right to link to the Website from any other website at any time.
- User Generated Content
You will have the opportunity to upload text, images, or other User-generated content to the App (“UGC”) or through the Services. You retain all rights to the UCG that You post or log in the App or through the Services.
By providing UCG, You (a) grant to Company a non-exclusive, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute such UCG in connection with providing and operating the App and the Services and/or for the Company’s promotional purposes (for example, by displaying on the Website, within the App, on Kidberry’s social media accounts, on any website or platform in the internet as We may deem appropriate), subject to the Agreement. You may not submit any UCG that contains any content that violates the rights of any third parties, or otherwise contains any material which Kidberry may deem to be pornographic or promoting criminal activity.
We reserve the right, but do not have an obligation, to monitor and/or review all UCG posted to the App or through the Services, and Kidberry is not responsible for the content of any such UCG. However, Kidberry reserves the right at all times to disclose any UCG as necessary to satisfy any law, regulation or government request. Kidberry reserves the right to edit, block, or remove any UCG, in whole or in part, that Kidberry should deem to be objectionable, in violation of this Agreement, or applicable law. We may also impose limits on certain features or restrict Your access to some or all of the features or Services without notice or liability if We believe You are in breach of this Agreement or applicable law, or for any other reason.
- Copyright Agent
We respect the intellectual property rights of others and require that the people who use the Services do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please forward the following information to Kidberry’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent: Natalya Rastoropnova (email@example.com)
- Limited License to the App
We grant You a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with this Agreement.
All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If You wish to use Company software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, You must obtain written permission from the Company in each instance. Permission requests may be sent to firstname.lastname@example.org.
- To avoid any doubt, Company owns all the text, images, photos, audio, video, location data, and all other forms of data or communication that the Company creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, compilation of UCG, and the compilation of aggregate user review ratings and all other elements and components of the App, excluding UCG.
- Export and Economic Sanctions Control
The software that supports the Website and App may be subject to U.S. export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that You are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Site Content nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
- Changes to the Website and/or App
From time to time, and without prior notice to You, We may change, expand, or improve the Website and/or App. We may also, at any time, cease to continue operating part or all of the Website or App or selectively disable certain features thereof. The Company makes no promise or warranty that the Website, App or the Services will be available for Your use at all times or at any time. Any modification or elimination of the Website, App or any Services will be done in Kidberry’s sole and absolute discretion and without any liability to You.
You agree to indemnify and hold harmless Kidberry, and its respective affiliates, directors, officers, employees and agents from and against any and all claims, liabilities, and expenses (including reasonable legal fees) that may arise from Your use of the Website, App, or Services in any way including Your placement or transmission of any message, content, information, UCG, software or other materials on, to, or through the Website or App or Your violation of law or breach of this Agreement. You further agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the Company’s use of UCG and/or Your failure to comply with this Agreement. Kidberry reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with the defense of any such claims by Kidberry.
Kidberry may terminate, change, suspend or discontinue any aspect of the Website, the App, or the Services at any time and without notice. Your reliance upon the Website, the App, or the Services is strictly at Your sole risk. Kidberry may restrict, suspend or terminate Your access to the Website and/or App if We reasonably believe or suspect that You have acted inappropriately on the Website or App or You are in breach of this Agreement or applicable law, or for any other reason without notice or liability. Additionally, Kidberry may terminate or restrict access to the Website, the App, or the Services of anyone who violates this Agreement. You may terminate this Agreement by discontinuing Your use of the Website, the App and the Services. This Agreement is effective until terminated by You, or by Kidberry for any reason, with or without notice. Upon any termination of this Agreement, You agree to discontinue Your use of the Website, the App, and the Services, and to immediately delete or destroy all materials obtained therefrom that may be in Your actual or constructive possession.
- Dispute Resolution
All unresolved disputes arising from the interpretation or enforcement of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SUFFOLK COUNTY, COMMONWEALTH OF MASSACHUSETTS AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
Notwithstanding the foregoing, Kidberry shall have the right to bring action against any User in courts of competent jurisdiction in the jurisdiction in which such User resides or is located: (i) to seek injunctive relief against such User, (ii) to obtain a judgment against such User where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such User resides or is located, or (iii) to enforce a judgment obtained against such User in a Massachusetts court.
Any cause of action You may have with respect to Your use of the Website, App or Services must be commenced within one (1) year after the claim or cause of action arises.
If, for any reason, a court of competent jurisdiction finds any portion of this Agreement to be void or otherwise unenforceable, all remaining non-offending portions shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement.
No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
All claims between the You and Company related to this Agreement will be litigated individually, and You shall not consolidate, seek, or encourage any class treatment for any claim unless previously agreed to in writing by the Company.
We may refuse access to the Service, close Accounts, and change eligibility requirements at any time in Kidberry’s sole discretion.
- General Disclaimer and Limitation of Liability
Kidberry controls and operates the Website and App from offices in the United States of America. We make no representation that the Services or Site Content is appropriate or authorized for use in every jurisdiction. If You choose to access the Site Content, You do so on Your own initiative and risk, and You are solely responsible for ensuring compliance with all applicable laws.
This Agreement provides information of a general nature only and You are responsible for determining whether it applies to Your specific situation. Kidberry specifically disclaims all liability concerning Your reliance upon any information or guidance provided on or through the App, the Website, the Site Content, or the Services.
Kidberry makes no guarantees as to the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the App, the Website, the Services, or Site Content and Kidberry is not liable for any resulting errors, omissions, or damages.
THE APP AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. KIDBERRY DOES NOT WARRANT THAT THE APP, WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE APP AND WEBSITE AT YOUR OWN RISK. KIDBERRY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE OR APP. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. KIDBERRY MAKES NO WARRANTY THAT THE WEBSITE OR APP WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE OR APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
EXCEPT AS SET OUT HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL KIDBERRY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE APP, WEBSITE OR SITE CONTENT OR WITH THE DELAY OR INABILITY TO USE THE SAME, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL KIDBERRY BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT SHALL KIDBERRY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO KIDBERRY.
You agree that Kidberry may freely assign any of its rights and/or transfer, sub-contract or delegate any of its obligations under this Agreement. This Agreement is personal to You and You may not transfer or assign it to a third party without Kidberry’s prior consent in each instance.
This Agreement constitutes the entire agreement between You and Kidberry with respect to the Website, the App, and the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Kidberry with respect to the same.