TERMS OF SERVICE

Effective Date: January 1, 2025

🤗 Welcome to our mobile applications (“the Applications” or collectively the "Service”). The Service is created by CARING TECHNOLOGY FOR KNOWLEDGE INC. (hereinafter, the “Company,” “we,” “us,” or “our”) to assist with child safety and parental control. These Terms of Service (“Terms”) apply to all users, including potential visitors, Users, and others who use our Service (collectively, “User,” “Users,” or “you”).

By using the Service, you agree to these Terms. If you (or, if applicable, your parent or legal guardian) do not wish to be bound by these Terms, please do not access or use the Service. Your agreement with us regarding compliance with these Terms becomes effective immediately upon your commencement of use of the Service.

1. Company Information

Company Name: CARING TECHNOLOGY FOR KNOWLEDGE INC.
Address: 3665 KINGSWAY, UNIT 300, VANCOUVER BC V5R 5W2, CANADA

If you have any questions, please contact us at support@familymate.ai.

2. User’s Acknowledgment and Acceptance of Terms

2.1. These Terms (as may be amended from time to time) and our Privacy Policy constitute a legal agreement between you and the Company. You agree to abide by all applicable local, provincial, federal, and international laws, regulations, and rules in connection with your use of the Service.

2.2. Public Offer & Acceptance: These Terms constitute a public offer to enter into a subscription license agreement for using our Service. By clicking “Agree,” installing, accessing, or otherwise using the Service, you confirm that you have read, understood, and accept all the provisions in these Terms. If you do not agree, do not click “Agree” and do not use the Service.

2.3. Commercial Use: You may not use the Service for commercial purposes or in any way that is unlawful or harms the Company, other individuals, or other entities.

2.4. Minors / Children: If you are under the legal age of majority in your jurisdiction, you must have a parent or legal guardian read and accept these Terms on your behalf. By using the Service, you represent and warrant that your parent or guardian consents to these Terms and takes full responsibility for your compliance.

2.5. Any claims of “unawareness” of the Terms after clicking “Agree” shall be considered invalid

3. Service Use

3.1. Purpose: Our Service is designed to help parents or legal guardians supervise how their children use mobile devices to ensure safety and welfare.

3.2. Binding Child’s Device: By pairing the child’s device (with the “Kids” version of our App) to your “Parent” version of the App using a binding code, you represent that you are the parent or legal guardian of the child using the “Kids” App and authorize the collection of data and information from that device.

3.3. Legal Compliance: You agree to use the Service in compliance with these Terms and all applicable laws, rules, and regulations. If you are located in the United States, you must also comply with relevant federal and state laws, including but not limited to 18 U.S.C. § 2511 and the Children’s Online Privacy Protection Act (“COPPA”).

3.4. Illegal Surveillance Disclaimer: You understand that illegally monitoring or recording an individual without proper authority may constitute a criminal act. We disclaim all responsibility arising from any user’s illegal or improper use of the Service.

3.5. Acknowledgment for Minors:

(1) If you are under the age of majority, you confirm that your parent or legal guardian has accepted these Terms on your behalf.
(2) If you are an adult (at least 18 years old or older legal age required to form a contract in your jurisdiction), you have the right, authority, and legal capacity to enter into these Terms.
(3) You have read, understood, and agree to be bound by these Terms for yourself and any minor child authorized by you.

4. User Information and Privacy Policy

4.1. For details on how we collect, use, or disclose personal information, please see our Privacy Policy, which is incorporated by reference into these Terms. By using our Service, you consent to the collection and use of your data (and, if applicable, your child’s data) as described in our Privacy Policy.

5. Service Features

5.1. The Service typically includes two applications:

A “Parent App” installed on the parent or guardian’s device.
A “Kids App” installed on the child’s device.

To enable Service features on the Kids App, you must enter the binding code displayed on the Parent App. One parent account may bind multiple children’s devices (e.g., up to 10 devices), depending on the functionality or plan offered.

5.2. Feature Examples (non-exhaustive):

Live Camera View: View surroundings via the child’s device camera.
Screen Monitoring: Monitor the screen of the child’s device remotely.
Ambient Sound: Listen to or record the device surroundings. Recordings are stored locally on the parent’s device.
Geolocation: Track and view location history and create geofences to receive alerts when the child’s device enters or leaves these zones.
Notifications: Receive and view notifications from apps installed on the child’s device.
Screen Time Management: Limit or schedule screen time for the child’s device and manage accessible applications.
Usage Statistics: Check usage data such as screen/app usage time, notification counts, and cellular data usage.
Permission Checks: Monitor and manage the permissions granted to the Kids App on the child’s device.

6. User Account

6.1. No Ownership in Account: You acknowledge and agree that the Company retains all ownership rights to any user account or profile. You cannot transfer, sell, assign, license, or otherwise divest yourself of the rights, responsibilities, or obligations under these Terms without the prior written consent of the Company.

6.2. Account Creation and Responsibility:

You must provide accurate and complete information when creating an account.
You are solely responsible for all activities under your account and must keep your password secure.
We recommend using strong passwords.
You must immediately notify us of any unauthorized account use.
We are not liable for any losses arising from unauthorized account use.

6.3. Account Settings: You may configure and manage various aspects of your personal profile and interactions with the Service by changing your account settings.

7. Grant of the Right to Use the Service

7.1. Limited License: The Service is provided for your personal, non-commercial use. The Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (i) access and use the Service, (ii) view the content within the Service, and (iii) download and install one compiled coded copy of the Company’s software and mobile applications on your devices in accordance with these Terms.

8. Restricted Use

8.1. Prohibited Activities: Any violation of these Terms, accompanying agreements, or applicable laws may result in immediate revocation of your license and potential legal liability. You agree not to:

Copy, publish, or disclose any part of the Service, including automated or non-automated “scraping.”
Use robots or automated systems that send more requests to the Company’s servers than a human can reasonably produce in the same time using a standard web browser.
Send spam or other unsolicited communications.
Attempt to disrupt or compromise the security or integrity of the Service, or decipher transmissions to/from the servers.
Engage in actions that impose an unreasonable load on our infrastructure.
Upload invalid data, viruses, worms, or harmful software.
Collect personal data from the Service, other than for the legitimate purpose of using the Service as intended.
Use the Service for any commercial purpose (unless explicitly authorized).
Impersonate another person or entity, or otherwise conceal your identity.
Access any content via means not authorized by the Service.
Bypass measures designed to prevent or restrict access to the Service or content.

8.2. Software Restrictions: You may not:

Modify, decompile, or reverse-engineer the software.
Sublicense, distribute, or provide third-party access to the software.
Make any copies of the software (except for archival or backup purposes).
Disable, harm, or otherwise interfere with the software’s functionality.
Remove or alter proprietary notices or labels in the software.

8.3. Respect for Third-Party Rights: You must not use (or allow others to use) the Service in a way that infringes any third party’s rights (e.g., privacy, personal data, intellectual property). If you obtain third-party information (e.g., by listening in real time) without such party’s consent, you must delete it immediately and refrain from processing or disclosing it further unless required by law to prevent crimes or enforce legal rights. We do not have access to or control over such data; thus, you bear full responsibility for how you collect, use, or process it.

8.4. License Termination: We reserve the right to terminate your license at any time and for any reason, including but not limited to violation of these Terms.

9. Mobile Applications

9.1. Compatibility: You must use a compatible device to access or use our Applications. The Company does not guarantee that the Applications will work on your particular device.

9.2. Updates & Functionality: The Company may update the Applications, remove or add functionalities at its sole discretion (for example, removing or adding the ability to record sound). By continuing to use the Service after such updates, you agree to be bound by these Terms for such updates. The Company shall not be liable for any compensation or changes if functionalities are added, altered, or removed.

9.3. Third-Party Software: Any third-party software included in our Applications is subject to its own license terms unless otherwise specified by the Company.

10. Notifications Regarding the Service

10.1. Email Notices: By providing your email address to the Company, you consent to receiving legal notices via email instead of postal mail.

10.2. Marketing Messages: You also agree that the Company may send you promotional or marketing messages. You may opt out as described in our Privacy Policy or by contacting us.

11. User Content

11.1. User-Generated Content: If the Service allows you to upload, store, share, or display content (e.g., photos, videos, text, etc.), you must own or have the right to submit such content. By submitting content, you grant the Company a royalty-free, worldwide, perpetual, irrevocable, non-exclusive license to use, reproduce, distribute, modify, display, and otherwise exploit such content for operation of the Service, including promotional uses.

11.2. Disclaimer for User Content: The Company does not endorse or assume responsibility for any user content. You use or rely on such content at your own risk.

11.3. Feedback: If you provide comments, ideas, or suggestions, you agree that the Company may use such feedback without any restriction or compensation to you.

12. Intellectual Property Rights

12.1. Company Content: Except for User Content, all materials, software, text, images, designs, logos, trademarks, and other elements (collectively, “Company Content”) in or provided through the Service are owned by the Company or its licensors. You must not copy, adapt, modify, or create derivative works of any Company Content unless expressly permitted by these Terms. Any unauthorized use of Company Content is strictly prohibited.

13. Paid Services

13.1. Subscription Fees: Certain features of the Service may require payment (“Subscription”). Subscriptions may be monthly, quarterly, yearly, or otherwise. By paying, you enter into an agreement with the Company, obligating us to provide you with the paid features and obligating you to pay the subscription fees.

13.2. Purchases Through Mobile Platforms: If you purchase a Subscription or make in-app purchases through a platform (e.g., Apple App Store), questions and disputes related to payments are handled under that platform’s terms. The Company bears no responsibility for such issues.

13.3. Auto-Renewals: Subscriptions may automatically renew unless canceled. Unless otherwise noted, you will be charged before or at the start of each renewal term.

13.4. Cancellation: You may cancel your Subscription at any time. The cancellation process may differ depending on where you purchased the Subscription (Company website, App Store, etc.). Cancellation typically takes effect at the end of the current billing period.

13.5. Refunds: If you have not used the Premium Services within 7 days from the start of a new billing cycle, you may request a refund. If you have already used the services within those 7 days, no refund is available.

13.6. Free Trials: From time to time, we may offer free trials for certain periods. Once the trial ends, you will be charged unless you cancel before the trial ends.

13.7. Price Changes: We reserve the right to change subscription prices. We will provide notice of price changes.

13.8. Additional Fees: You are responsible for any taxes, fees, or third-party charges related to payment processing.

13.9. Accuracy: You agree to provide accurate, complete, and current information when making a purchase.

14. Account Closure

14.1. Termination by You: You may close your account by following the instructions on our user center or contacting us. Make sure to cancel all Subscriptions prior to closing your account. After account closure, you will no longer have access to the Service or related data.

15. Ownership

15.1. CARING TECHNOLOGY FOR KNOWLEDGE INC. (and/or its licensors) retains ownership of all rights to the Service, protected by Canadian and international laws on copyright, trademark, and other forms of intellectual property. The Service may contain valuable confidential business information belonging exclusively to CARING TECHNOLOGY FOR KNOWLEDGE INC. (and/or its licensors). Any violation of these rights results in immediate termination of the license granted herein.

16. Confidential Information

16.1. Definition: “Confidential Information” means private business or technical information provided orally or in writing by the Company, including trade secrets or proprietary technology. You agree to keep all such Confidential Information strictly confidential and not disclose or use it, except as expressly permitted in writing by the Company.

16.2. Exclusions: Confidential Information does not include information that

Becomes public without breaching these Terms;
Is developed independently by you without reliance on the Company’s Confidential Information;
Is disclosed to you by a third party lawfully and without an obligation of confidentiality.

16.3. Duration: Your obligation to safeguard the Confidential Information survives until it enters the public domain through lawful means.

17. Indemnity

You agree to indemnify and hold harmless the Company, its parent companies, subsidiaries, affiliates, officers, employees, and agents from any third-party claims or demands (including damages, liabilities, settlements, costs, and attorneys’ fees) arising out of or related to your violation of these Terms, your use of the Service in an unlawful or prohibited manner, or any infringement by you (or anyone using your account) of a third party’s rights.

18. Interaction with Third Parties

18.1. Third-Party Links: Our Service may contain links to third-party websites or services (“Third Party Services”) not controlled by us. Accessing these links is at your own risk. The Company is not responsible for the content or practices of any Third Party Services.

18.2. Release: By using the Service, you release and hold the Company harmless from any liability arising from your use of any Third Party Services. Any disputes between you and such third parties are solely between you and the third parties.

18.3. No Warranty on Third Parties: The Company does not monitor or assume responsibility for transmissions, dealings, or data shared with third parties. You must conduct any investigations you deem appropriate before proceeding with such transactions.

19. Termination of Agreement

19.1. By the User: You may discontinue using the Service at any time.

19.2. By the Company: We may suspend or terminate your account or access to the Service at any time without notice if we believe you have violated these Terms or engaged in unlawful activity.

19.3. Effect of Termination: Upon termination, your right to use the Service ceases immediately. All provisions related to ownership, confidentiality, disclaimers of warranties, and limitations of liability survive the termination.

20. Warranty Disclaimer & Limitation of Liability

20.1. Disclaimer: The Service (including any content or software) is provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

20.2. No Liability for User Actions: You assume full responsibility for any damages or losses caused by your actions or negligence in using the Service. We are not liable for:

Losses due to your failure to comply with these Terms, or instructions we provide;
Unauthorized use of your account;
Issues with a third-party payment account;
Property losses caused by sharing your password with others;
Usage of someone else’s account credentials;
Other user-related mistakes or negligence.

20.3. Service Interruptions: We are not liable for failures or interruptions in service caused by any event beyond our reasonable control, including natural disasters, power outages, cyberattacks, or third-party service issues.

20.4. Limitation of Liability: To the fullest extent permitted by applicable law, the Company is not liable for indirect, incidental, special, or consequential damages, or for loss of data, or for claims beyond its reasonable control.

21. Miscellaneous

21.1. No Waiver: Failure by either party to exercise any right shall not be deemed a waiver of any further rights.

21.2. Force Majeure: We are not liable for delays or failures in performance resulting from causes beyond our reasonable control (e.g., mechanical, electronic, or communications failure, natural disasters, war, government action, etc.).

21.3. Severability: If any provision is deemed unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

21.4. Assignment: You may not assign, transfer, or sublicense these Terms without our prior written consent. We may transfer or delegate our rights and obligations under these Terms without your consent.

21.5. Entire Agreement: These Terms, including any referenced policies, constitute the entire agreement between you and the Company, superseding any prior agreements or communications. No agency, partnership, or employment relationship is created by these Terms, and you have no authority to bind the Company.

21.6. Headings: Section headings are provided for convenience only and have no legal effect.

21.7. Governing Law: These Terms shall be governed by and interpreted under the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

21.8. Dispute Resolution: If a dispute arises in connection with your use of the Service, both parties will try to resolve it amicably. If not resolved, any disputes shall be submitted to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, Canada, unless otherwise required by applicable consumer protection laws.

21.9. Final Interpretation: CARING TECHNOLOGY FOR KNOWLEDGE INC. reserves the right to the final interpretation of these Terms.

22. Changes to These Terms of Service

22.1. We may modify or update these Terms at our sole discretion. We will notify you if any material changes are made, and you will have the opportunity to review the revised Terms before continuing to use the Service. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

22.2. These Terms (including any incorporated policies) constitute the entire agreement between you and the Company regarding your use of the Service. If any provision is found invalid by a competent court, the remaining provisions remain in full force and effect.