Terms of Service

1. Acceptance of Terms

By downloading, installing, accessing, or using KidsMonitor ("the Service", "the App", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you and John Finnegan trading as Brandstart ("Company") regarding your use of KidsMonitor and all related services, features, and content.

By using KidsMonitor, you also agree to our Privacy Policy, which is incorporated into these Terms by reference.

2. Service Description

KidsMonitor is a machine learning-powered parental monitoring application that helps parents understand and protect their children's digital activities. The Service includes:

• Computer vision-based game detection and monitoring
• Screenshot capture during gaming sessions
• AI-generated daily activity summaries
• Process tracking and app usage monitoring
• Real-time gaming activity alerts
• Multi-device support per child
• Privacy-focused monitoring with automatic filtering

The Service operates in two monitoring modes:

• Gaming Mode: Monitors only gaming applications
• Comprehensive Mode (Future): Monitors all app usage including social media, web browsing, and other activities

3. Eligibility and Account Requirements

3.1 Age Requirements

You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account and use KidsMonitor as a parent or guardian.

3.2 Legal Authority

You represent and warrant that:

• You are the parent or legal guardian of any child whose device you monitor
• You own or have legal authority over the devices being monitored
• You have informed the child about the monitoring in an age-appropriate manner
• You will comply with all applicable laws regarding monitoring and privacy

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use
• Ensuring your account information is accurate and current

4. Acceptable Use Policy

You agree to use KidsMonitor only for lawful purposes. You SHALL NOT:

• Monitor any adult without their explicit written consent
• Monitor any child you don't have legal authority over
• Use the Service for stalking, harassment, or abuse
• Violate any local, state, national, or international law
• Attempt to hide or disguise the monitoring from the child
• Access or attempt to access other users' accounts or data
• Reverse engineer, decompile, or disassemble the Service
• Remove, alter, or obscure any proprietary notices
• Use the Service for any commercial or business purposes
• Interfere with or disrupt the Service's operation

Violations may result in immediate termination and may be reported to law enforcement.

5. Subscription and Payments

5.1 Subscription Plans

KidsMonitor offers different subscription tiers:

• Gaming Monitor - 1 Child (€7.99/month): Full gaming monitoring with 7-day retention
• Gaming Monitor - 2 Children (€14.49/month): Full gaming monitoring for 2 children
• Gaming Monitor - 3 Children (€19.99/month): Full gaming monitoring for 3 children
• Gaming Monitor - 5 Children (€32.99/month): Full gaming monitoring for 5 children

5.2 Billing and Payments

Premium subscriptions are:

• Billed monthly in advance through Google Play Store
• Automatically renewed unless cancelled
• Subject to Google Play's refund policies
• Priced in EUR with automatic currency conversion where applicable

5.3 Cancellation

You may cancel your subscription at any time through Google Play Store. Cancellation takes effect at the end of the current billing period.

5.4 Price Changes

We reserve the right to modify subscription fees with 30 days' notice. Your continued use after price changes indicates acceptance.

6. Privacy and Data Protection

6.1 Data Collection and Use

Our collection and use of personal information is governed by our Privacy Policy. Key points include:

• We never sell your data or your child's data
• Data is encrypted in transit and at rest
• Automatic deletion based on retention periods
• Privacy filtering of sensitive content

6.2 Child Privacy Compliance

We comply with:

• COPPA (Children's Online Privacy Protection Act) - US
• GDPR (General Data Protection Regulation) - EU/UK
• All applicable regional child privacy laws

6.3 Data Retention

• Free tier: 2 days for images, 7 days for analysis
• Premium tier: 7 days for images, 90 days for analysis
• Daily digests: Retained while account is active

7. Intellectual Property Rights

7.1 Ownership

KidsMonitor and all associated intellectual property rights are owned by the Company and its licensors. This includes but is not limited to:

• Software code and algorithms
• Machine learning models
• User interface design
• Logos and trademarks
• Documentation and content

7.2 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use KidsMonitor for personal, non-commercial purposes in accordance with these Terms.

7.3 User Content

You retain ownership of content you upload but grant us a license to process, analyze, and store it as necessary to provide the Service.

8. Disclaimers and Limitations

8.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 No Guarantee

We do not guarantee that:

• The Service will detect all gaming or app usage
• AI analysis will be 100% accurate
• The Service will be uninterrupted or error-free
• The Service will prevent all inappropriate content exposure

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL.

8.4 Maximum Liability

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person
• Your violation of any applicable laws
• Any content you submit or share through the Service

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

• Deleting the app from all devices
• Cancelling your subscription through Google Play
• Requesting account deletion via email

10.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• You use the Service for illegal purposes
• You fail to pay subscription fees
• We discontinue the Service

10.3 Effect of Termination

Upon termination:

• Your access to the Service ceases immediately
• We may delete your data per our retention policy
• You remain liable for any outstanding fees
• Sections that should survive termination will remain in effect

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of Ireland and the European Union, without regard to conflict of law principles.

11.2 Informal Resolution

Before filing a claim, you agree to try to resolve disputes informally by contacting us at legal@kdmonitor.com.

11.3 Binding Arbitration

If informal resolution fails, disputes shall be resolved through binding arbitration under the rules of the Dublin International Arbitration Centre, except where prohibited by law.

11.4 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions to the fullest extent permitted by law.

12. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes through:

• In-app notifications
• Email to your registered address
• Prominent notice on our website

Your continued use after notification constitutes acceptance of the modified Terms. If you disagree with changes, you must stop using the Service.

13. General Provisions

13.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and the Company.

13.2 Severability

If any provision is found unenforceable, the remaining provisions continue in full force.

13.3 No Waiver

Our failure to enforce any right or provision is not a waiver of that right.

13.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights to any successor or acquirer.

13.5 Force Majeure

We are not liable for failures due to circumstances beyond our reasonable control.

14. Specific Regional Terms

14.1 European Union Users

If you are in the EU, you have additional rights under GDPR including data portability, rectification, and erasure.

14.2 California Users

If you are a California resident, you have additional rights under CCPA/CPRA as described in our Privacy Policy.

14.3 Australian Users

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law.