Terms & Conditions
Effective Date: 09/24/2024
Welcome to Kiddos TV, a sub-product of Kiddos AI, developed and powered by Kiddos LLC.
These Terms of Use apply to your access and use of Kiddos TV, including related services (collectively, the “Mobile Application”).
These Terms form an agreement between you and Kiddos LLC, a California limited liability company. The use of this mobile application is conditioned upon your approval of all terms and conditions expressed here. These terms include 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 available only to users who reside in the United States or its territories. 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. By using the Mobile Application, you agree to be bound by these Terms.
The use of the Kiddos TV Mobile Application through Apple's App Store is governed by Apple’s Media Services Terms and Conditions. By downloading and using the app, you agree to be bound by Apple’s licensing terms. Payments, refunds, and in-app purchases are managed by Apple and are subject to Apple’s terms, which can be found here: 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 and feature availability may vary depending on your region of subscription or access and is subject to change over time due to licensing agreements or local restrictions.
* A stable internet connection is required to stream and view videos; 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 the age of 13 may use the Mobile Application only if enabled by a parent or legal guardian, in compliance with the Children's Online Privacy Protection Act (COPPA).
If you are under 18, you must have your parent or legal guardian’s permission to use the Mobile Application. Please have them read this Agreement with you.
If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Mobile Application, you agree to the terms of this Agreement and accept responsibility for your child’s activity on the Mobile Application.
# 3. Usage Restrictions
You may not:
* Use the Mobile Application for any end use prohibited by applicable laws.
* Use the Mobile Application in a way that infringes, misappropriates, or violates anyone’s rights.
* Modify, copy, lease, sell or distribute the Mobile Application.
* Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of the Mobile Application or related services, except to the extent this restriction is prohibited by applicable law.
* Interfere with or disrupt provision of the Mobile Application or its functionality.
* Share Mobile Application content with individuals or entities not covered by your subscription.
# 4. Third-Party Materials
The Mobile Application may redirect users to or display content provided by YouTube, including advertisements. While the content displayed in the Mobile Application is streamed via the YouTube API, it is sourced from YouTube Made for Kids, a designation for content aimed at younger audiences on the YouTube platform, owned and operated by Google LLC. All content, including advertisements, is subject to YouTube's terms of service and policies. This includes carefully vetted kid-friendly ads compliant with strict safety guidelines. We disclaim any responsibility for the accuracy, appropriateness, or content of third-party materials and do not guarantee that such materials will be suitable for all audiences. By using the Mobile Application, you agree to comply with YouTube's policies and acknowledge that we make no warranties regarding third-party content and disclaim any liability arising from your access to or interaction with such materials.
By using Kiddos TV, you are agreeing to be bound by the **YouTube Terms of Service** (https://www.youtube.com/t/terms).
# 5. Feedback
We welcome your feedback. You agree that Kiddos LLC may use your feedback without any obligation to compensate you.
# 6. Intellectual Property Rights
## 6.a.
Except for third party content as set forth in section 4, you acknowledge and agree that we own all legal rights, title, and interest in and to the Mobile Application, including all intellectual property rights and content included in the Mobile Application. You may not use our name or logo except as expressly permitted by us.
## 6.b.
Unauthorized reproduction, modification, or compilation of these contents or creation of derivative works based on the contents, is not permitted.
## 6.c.
Unless expressly authorized in writing by us, this Agreement does not grant you any rights you to use the application name, trademark, service mark, domain name, or any other distinctive signs associated to us.
# 7. Your Information
Kiddos LLC takes privacy seriously and complies with applicable data protection laws, including the California Consumer Privacy Act (CCPA) and the Children’s Online Privacy Protection Act (COPPA). While Kiddos LLC does not collect, process, or store personal information, third-party services like YouTube may collect and use your data according to their own privacy policies and practices. It is essential to review our **Privacy Policy** (https://www.kiddos.ai/tv/privacy-policy), which outlines the collection, use, and protection of your information within the scope of the Mobile Application. Kiddos LLC cannot control third-party data usage.
# 8. Parental Control
Kiddos TV offers comprehensive parental control tools, allowing parents and guardians to manage their child's content by selecting channels, setting viewing limits, and flagging or blocking inappropriate material. Subscribing unlocks additional features like unlimited channel and theme management, extended time limits, and access to detailed in-app activity reports. These controls are designed to provide a safe, customized, and supervised viewing experience, fostering responsible digital media consumption for children.
# 9. Cybersecurity
We do not guarantee that this Mobile Application and/or any weblinks contained within it, will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access our Mobile Application and the web sites listed in this Mobile Application. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Mobile Application, servers, or any server, computer, or database connected to the Mobile Application. Any breach or attempt to bypass security features, including accessing restricted areas without permission, is prohibited. Engaging in activities such as a denial-of-service attack or distributed denial-of-service attack is strictly forbidden. Any violation of these provisions may result in legal action, including prosecution under applicable cybercrime laws, and may lead to suspension or termination of your access to the Mobile Application.
# 10. Subscriptions and Free Trial
## 10.a. Billing and Cancellation
Users can access Kiddos TV without a subscription, but with a limitation of up to three channels. Once more than three channels are selected, a subscription—either monthly or annual—is required to continue benefiting from the services provided through the Kiddos TV mobile application. Subscription tiers, billing information, and cancellation policies are managed through Apple’s App Store. Please refer to the App Store’s terms for further information regarding payment processing.
## 10.b. Availability of Third-Party Content
Kiddos LLC is not responsible for the availability, quality, or continued access to third-party content, including but not limited to YouTube videos. Third-party content is subject to changes, interruptions, or removal due to decisions by external providers like YouTube, which are beyond Kiddos LLC’s control. No refunds or compensation will be issued for service interruptions, changes, or removal of third-party content. In the event of a service shutdown by Kiddos LLC, all payments are final, including for unused portions of subscriptions, and no refunds will be issued. Subscribers acknowledge and accept these terms as a condition of using the Mobile Application.
## 10.c. Price Changes
We may change our prices from time to time. If we increase our subscription prices, we will give you 30 days'notice. Your continued use of the Mobile Application after such notice constitutes your acceptance of the new price. To the extent permitted by Apple, price increases will take effect without interruption of your access to and use of the Mobile Application.
## 10.d. Refunds and Payment Processing
All payments, subscriptions, and in-app purchases made through the Kiddos TV Mobile Application are processed by Apple via its App Store. As a result, Kiddos LLC does not have the ability to issue refunds or handle payment-related disputes directly.
If you wish to request a refund for any purchase made within the Mobile Application, including subscriptions, you must submit your request to Apple through their refund request system at reportaproblem.apple.com. Refunds are granted at Apple’s discretion, and all refund policies and decisions are governed by Apple’s Media Services Terms and Conditions, which can be reviewed here.
Please refer to Apple’s refund policies for more detailed information, including any region-specific rights or consumer protection laws that may apply.
# 11. Modification and discontinuation of the Mobile Application
Kiddos LLC reserves the right to modify, update, or discontinue any aspect of the Mobile Application at its sole discretion. We strive to provide notice of any major changes or discontinuations affecting the Mobile Application’s features or availability. However, we do not guarantee the continued availability of any feature, service, or functionality within the Mobile Application.
If you disagree with any modifications made to the Mobile Application, you may stop using the service and cancel your subscription at any time.
In the event of discontinuation of the Mobile Application, we will provide notice, and no further subscription fees will be charged from the effective date of discontinuation. However, please note that Kiddos LLC does not directly offer refunds or reimbursements for any fees, charges, or subscriptions paid before the discontinuation or modification. All payments, including those made during a subscription period, are processed through Apple’s App Store, and any refund requests are subject to Apple's refund policy. We encourage users to consult Apple’s refund page (https://support.apple.com/en-us/118223) for guidance on requesting refunds or addressing concerns related to payments, as Apple determines eligibility and processes refunds directly.
You acknowledge and agree that Kiddos LLC is not responsible for and will not be liable to you or any third party for any modifications, suspension, or discontinuation of the Mobile Application, nor for any payments or refunds managed through Apple’s App Store.
# 12. Termination
You are free to stop using the Mobile Application at any time. We reserve the right to suspend or terminate your access to the Mobile Application or delete your account, whether paid or free, if we determine:
* You breached these Terms or our Usage Policies
* We must do so to comply with the law
* Your use of the Mobile Application could cause risk or harm to Kiddos LLC, our users, or anyone else
# 13. Disclaimer of Warranties
THE MOBILE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT OR REQUIRED BY LAW, WE, OUR AFFILIATES, 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. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, RELIABILITY, OR SUITABILITY OF THE MOBILE APPLICATION OR ITS FEATURES TO MEET YOUR NEEDS.
# 14. Limitation of Liability
EXCEPT AS REQUIRED BY LAW, KIDDOS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO 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 OUR RESPONSIBILITIES TO THE MAXIMUM EXTENT PERMISSIBLE IN YOUR STATE OF RESIDENCE.
KIDDOS LLC’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.
# 15. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Kiddos LLC, its Affiliates, officers, directors, employees and agents, 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: (i) your use of and access to the Mobile Application; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) 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.
# 16. Dispute Resolution
YOU AND KIDDOS LLC AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:
## 16.a. MANDATORY ARBITRATION
"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 legal@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 part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.
# 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 give you 30 days notice of changes to these Terms either via email or an in-product notification. Changes will be effective as soon as we post them to our website. If you do not agree to the changes, 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.