Terms & Conditions

Effective Date: October 25, 2025

Welcome to Kiddos Genius, a sub-product of Kiddos AI, developed and powered by Kiddos LLC.

These Terms of Use apply to your access and use of Kiddos Genius, including related services (collectively, the "Mobile Application").

These Terms form an agreement between you and Kiddos LLC, a California limited liability company. Use of this Mobile Application is conditioned upon your approval of all terms and conditions expressed here, including provisions about resolving disputes through arbitration.

By downloading, installing, or using the Mobile Application, you agree to these Terms.

# 1. Registration and Access

The Mobile Application is directed only to users located in the United States and its territories. It is not intended for distribution or use in any other jurisdiction. If you choose to access it from elsewhere, you do so at your own initiative and are responsible for compliance with local laws. You are responsible for all activities that occur during both the free trial and any subscription period. If you access or use the Mobile Application on behalf of another person or entity, you represent that you have the authority to accept these Terms on their behalf.

Use of the Kiddos Genius Mobile Application through Apple's App Store is governed by Apple’s Media Services Terms and Conditions.

Payments, refunds, and in-app purchases are managed by Apple and are subject to Apple’s terms: https://www.apple.com/legal/internet-services/itunes/dev/minterms/.

## 1.a. Business Use

If you purchase, install, or otherwise use the Mobile Application on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

## 1.b. Content and Connectivity

Content, activities, and features available within Kiddos Genius may vary by region and may be updated or changed over time.

A stable internet connection may be required to access certain interactive features or download educational materials. Data charges may apply based on your internet service provider’s plan.

# 2. Parental Responsibility

You must be at least 13 years old or the minimum age required in your state to consent to use the Mobile Application.

Children under 13 may use the Mobile Application only after a parent or legal guardian completes the in-app parental-consent or activation step, in accordance with the Children’s Online Privacy Protection Act (COPPA). Parents or guardians must review and approve these Terms and the Privacy Policy before their child uses the Mobile Application.

# 3. Usage Restrictions

You may not:

* Use the Mobile Application for any unlawful purpose.

* Use the Mobile Application in any way that infringes upon the rights of others.

* Modify, copy, lease, sell, sublicense, or distribute the Mobile Application or any part of its content.

* Attempt to reverse engineer, decompile, or discover the source code or underlying components, except as expressly permitted by applicable law.

* Interfere with, disrupt, or attempt to gain unauthorized access to the Mobile Application or its related systems.

* Share or redistribute content from the Mobile Application beyond your authorized use.

# 4. AI-Generated Content and Third-Party Materials

Certain educational activities, voice interactions, illustrations, and features within Kiddos Genius are created or enhanced using artificial-intelligence (AI) technologies. These tools help provide adaptive, age-appropriate learning experiences while respecting user privacy. Although Kiddos LLC strives for quality and accuracy, AI-generated materials may occasionally include errors or inconsistencies. Parents or guardians should review and select activities they consider appropriate for their child.

The Kiddos Genius mobile application may use trusted third-party technologies to support certain features, such as cloud services and artificial intelligence tools. These providers operate under their own terms and privacy practices. While Kiddos LLC carefully selects and monitors such providers, it is not responsible for their independent operations or policies.

# 5. Feedback

We welcome your feedback!

By providing suggestions, ideas, or comments, you grant Kiddos LLC permission to use your feedback without obligation to compensate you.

# 6. Intellectual Property Rights

## 6.a. Ownership

All rights, titles, and interests in and to the Kiddos Genius mobile application—including its design, structure, functionality, software code, text, graphics, illustrations, animations, educational activities, voice interactions, sound effects, and all other creative elements—are the exclusive property of Kiddos LLC and are protected by applicable copyright, trademark, and other intellectual-property laws.

All materials generated, enhanced, or compiled through artificial-intelligence (AI) technologies within Kiddos Genius are created under the direction and supervision of Kiddos LLC and form part of its proprietary content. Accordingly, all AI-assisted or AI-generated materials are owned exclusively by Kiddos LLC, including the rights in their selection, arrangement, adaptation, and presentation.

Certain third-party technologies may be used to support app functionality (for example, cloud hosting or AI processing). These technologies remain the property of their respective owners, but all resulting creative content and educational experiences produced within the Kiddos Genius environment belong solely to Kiddos LLC.

## 6.b. Restrictions

You may not reproduce, modify, distribute, publicly display, create derivative works from, or otherwise exploit any part of the Kiddos Genius mobile application or its content without prior written permission from Kiddos LLC.

## 6.c. Trademarks

Nothing in this Agreement grants you any right to use the Kiddos Genius name, logo, trademarks, service marks, or other brand identifiers. Any such use requires the express prior written consent of Kiddos LLC.

## 6.d. Limited License to Use

Kiddos LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, access, and use the Kiddos Genius mobile application solely for personal, non-commercial educational purposes, subject to these Terms of Use. This license does not transfer any ownership rights in the application or its content.

## 6.e. Reservation of Rights

All rights not expressly granted in these Terms remain reserved by Kiddos LLC. Any unauthorized use of the application or its content may violate intellectual-property laws and result in legal action.

# 7. Your Information

Kiddos LLC values your privacy and complies with applicable privacy and child-protection laws, including the CCPA and COPPA.

Your use of Kiddos Genius is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

Kiddos Genius’s core features do not require children to provide personal information. Kiddos LLC does not knowingly collect, use, or disclose personal information from children under 13. If limited information is ever collected for support or parental-control purposes, it remains on device or is handled only with verified parental consent. Certain third-party platforms or services (such as Apple) may collect limited data in accordance with their own privacy policies.

Please review our Privacy Policy for more details: https://www.kiddos.ai/genius/privacy-policy.

# 8. Parental Controls

Kiddos Genius provides parental control features that help adults oversee their child’s use of the app and maintain a safe, age-appropriate learning experience.

# 9. Cybersecurity

To the extent permitted by law, we do not guarantee that the Mobile Application or any linked websites will be free from viruses or other harmful components.

You are responsible for maintaining your own device security and using appropriate virus protection.

Misuse of the Mobile Application, including introducing harmful material or attempting unauthorized access, is prohibited and may result in suspension, termination, and/or legal action.

# 10. Subscriptions and Free Trial

## 10.a. Billing and Cancellation

Users can access a limited selection of free educational activities within the Kiddos Genius mobile application. Access to the full catalog of learning games, interactive features, and personalized experiences requires a paid subscription (monthly or annual), managed through the Apple App Store.

If Apple cannot process your payment, your subscription may automatically end at the close of the current billing period.

## 10.b. Availability of Content

Content availability may change over time as Kiddos LLC updates its offerings. Kiddos LLC does not guarantee permanent availability of any specific activity or feature.

## 10.c. Price Changes

We may adjust subscription pricing from time to time. If a price increase applies to your active subscription, we will provide at least 30 days’ advance notice. Your continued use of the service after the effective date of the new price constitutes your acceptance of the updated pricing.

## 10.d. Refunds and Payment Processing

All payments are processed through Apple. Refunds for prior charges are handled exclusively through Apple’s App Store refund process. Kiddos LLC cannot issue refunds directly. For refund requests, visit: https://reportaproblem.apple.com.

# 11. Modification and Discontinuation

Kiddos LLC reserves the right to modify, suspend, or discontinue Kiddos Genius at its sole discretion.

In the event of discontinuation, no new subscription charges will be applied, but no refunds will be issued for prior charges.

If we discontinue the service, we will make reasonable efforts to provide advance notice to active subscribers.

# 12. Termination

We reserve the right to suspend or terminate your access if you violate these Terms or if required by law.

# 13. Disclaimer of Warranties and Limitation of Liability

THE MOBILE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT OR REQUIRED BY LAW, KIDDOS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND LICENSORS MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, QUIET ENJOYMENT, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE, INFORMATION, OR CONTENT PROVIDED BY KIDDOS LLC, ITS AFFILIATES, OR LICENSORS SHALL CREATE ANY WARRANTY OR MODIFY THIS DISCLAIMER. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OR SUITABILITY OF THE MOBILE APPLICATION OR ITS FEATURES TO MEET YOUR NEEDS. USE OF THE MOBILE APPLICATION IS AT YOUR OWN RISK.

EXCEPT AS REQUIRED BY LAW, KIDDOS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA, OR OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE MOBILE APPLICATION DURING THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE CLAIM, OR THIRTY DOLLARS (USD $30), WHICHEVER IS LESS.

NOTHING IN THIS AGREEMENT SHALL BE INTERPRETED TO HOLD THE OWNER(S) OF KIDDOS LLC PERSONALLY LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING FROM THE MOBILE APPLICATION, ITS CONTENT, OR ITS USE.

THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME OR ALL OF THE TERMS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THAT CASE, THESE TERMS ONLY LIMIT KIDDOS LLC’S AND THE OWNER(S)’ RESPONSIBILITIES TO THE MAXIMUM EXTENT PERMISSIBLE IN YOUR STATE OR JURISDICTION.

KIDDOS LLC’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.

# 14. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Kiddos LLC, its Affiliates, officers, directors, employees, agents, and the owner(s) of Kiddos LLC, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:

* your use of and access to the Mobile Application;

* your violation of any term of this Agreement;

* your violation of any third-party right, including without limitation any copyright, property, or privacy right;

* or any claim that your use of the Mobile Application caused damage to a third party.

This defense and indemnification obligation will survive this Agreement and your use of the Mobile Application, and applies to the maximum extent permitted by applicable law, including protection of the personal assets of the owner(s) of Kiddos LLC.

# 15. Contact and Resolution Requirement Before Any Claim

Before initiating any legal claim, arbitration, or proceeding of any kind against Kiddos LLC, you agree to first contact Kiddos LLC at contact@kiddos.ai and provide a written description of the issue, along with any supporting information reasonably necessary to evaluate the matter.

Kiddos LLC must be given a good-faith opportunity to investigate and respond to your concerns within ninety (90) days from the date the written notice is received.

No claim, demand, or legal action may be initiated until this ninety-day response period has elapsed.

If you do not agree to this requirement, you should not download, install, or use the Mobile Application.

This pre-dispute contact and resolution requirement is a material condition of these Terms and applies to the maximum extent permitted by law.

# 16. Dispute Resolution

## 16.a. Mandatory Arbitration

YOU AND KIDDOS LLC AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

"You and Kiddos LLC agree to resolve any claims arising out of or relating to these Terms or the Mobile Application, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by sending a written request to contact@kiddos.ai with your name, account information, and a statement that you wish to opt out of arbitration. If you opt out of an update, the last set of agreed upon arbitration terms will apply."

### 16.a.i. ARBITRATION FORUM

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration by videoconference if possible, or at a mutually agreed upon location if the arbitrator determines a hearing should be conducted in person. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

Kiddos LLC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

### 16.a.ii. EXCEPTIONS

This section does not require arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Mobile Application.

## 16.b. CLASS AND JURY TRIAL WAIVERS

You and Kiddos LLC agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Kiddos LLC knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

## 16.c. Severability

If any portion of this arbitration clause is deemed illegal, invalid, or unenforceable, that portion will be modified or removed to the minimum extent necessary to make the clause enforceable, and the remainder of the arbitration clause will remain fully in effect. This ensures continued protection for Kiddos LLC and its owner(s) to the maximum extent permitted by applicable law.

# 17. General Terms

## 17.a. Assignment

You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with the Mobile Application.

## 17.b. Changes to These Terms or Our Service

We are continuously working to develop and improve the Mobile Application. We may update these Terms or the Mobile Application accordingly from time to time. For example, we may make changes to these Terms or the Mobile Application:

* To address changes to the law or regulatory requirements.

* For security or safety reasons.

* In response to circumstances beyond our reasonable control.

* To implement changes we make in the usual course of developing the Mobile Application.

* To adapt to new technologies.

Unless circumstances prevent us from doing so, we will provide at least 30 days’ advance notice of any material changes to these Terms, either via email or an in-product notification. Material changes will take effect no sooner than 30 days after notice. If you do not agree, you must stop using the Mobile Application.

## 17.c. Delay in Enforcing These Terms

Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

## 17.d. Entire Agreement

These Terms contain the entire agreement between you and Kiddos LLC regarding the Mobile Application and, other than any Mobile Application-specific terms, supersedes any prior or contemporaneous agreements between you and Kiddos LLC.

## 17.e. Governing Law

California law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Santa Clara County, California.

# 18. Data Retention

Kiddos LLC retains user-provided information only as long as necessary to fulfill the purpose for which it was provided (for example, responding to support requests) and then securely deletes it.