Kidgeni Inc. Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THE KIDGENI WEBSITE AND APP, INCLUDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE OR APP, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND, AND UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS.

Welcome to www.kidgeni.com. The Kidgeni website and app (the “Services”) are operated by Kidgeni Inc. (“Kidgeni,” “we,” “us,” or “our”). The “website” refers to all web pages located at www.kidgeni.com, including its layout, individual design elements, code, text, sounds, graphics, animations, and other content. The “App” refers to all aspects of the Kidgeni or application(s), including layout, design, code, and any interactions within the app.

By using or accessing the Services, you confirm your acceptance of these terms and conditions (the “Terms”) and Kidgeni’s Privacy Policy (available at www.kidgeni.com/privacy). Your agreement to these Terms is a precondition for using or accessing the Services. If you are under 18, or otherwise not legally able to enter into binding agreements, your legal guardian or holder of parental responsibility must review and agree to these Terms on your behalf.

If you do not accept these Terms, please discontinue your use of the Services immediately.

We reserve the right to modify the Terms at any time without notice. The date of the most recent update is noted at the bottom of this page.


About Kidgeni

Kidgeni is reimagining digital learning and play with educational, creative experiences for kids, centered around creation with artificial intelligence.

Permissible Use

The Services may only be accessed and used by individuals who can form legally binding contracts under applicable laws, are 18 years of age or older, and are not barred from using the website under applicable laws.

You are responsible for your use, as well as any minor’s use under your parental responsibility. You agree that you and any minors under your care will use the Services responsibly and in compliance with all applicable laws and these Terms.

You agree not to hack into the Services or employ any robot, spider, or other automated process to use the Services for unauthorized purposes. Furthermore, you agree not to take any action that imposes an unreasonable burden on, or interferes with, the Services. If we determine that you have violated the Terms or engaged in prohibited activities, we may deny you access to the Services on a temporary or permanent basis.

Prohibited Uses Include (but are not limited to):

• Using cheats, hacks, or unauthorized software to interfere with the Services.
  
• Violating any applicable law or regulation.
  
• Using the Services for commercial purposes, such as advertising or sending spam.
  
• Impersonating any person or entity, or misrepresenting your affiliation with the Services.
  
• Engaging in behavior that disrupts or negatively impacts other users.
  
• Attempting to gain unauthorized access to other accounts, servers, or networks connected to the Services.
  
• Posting content that is abusive, defamatory, obscene, or otherwise objectionable.
  
• Engaging in harassment or harmful behavior toward others, including Kidgeni employees.
  
• Infringing on any copyright, trademark, or other intellectual property rights.
  
• Do not harvest, scrape, or collect information about other users of the Services, including—without limitation—through methods like pixel tags, cookies, GIFs, or similar tools commonly referred to as spyware.
  
• Do not post anyone’s personal information, including personally identifiable data, identification documents, or financial information, in any form (text, image, or video) through the Services.
  

Intellectual Property Rights

(a) Kidgeni Content
All content accessible through the Services (the “Content”)—including text, images, videos, software, trademarks, logos, and designs—belongs to Kidgeni or third parties who have granted permission to use such content. You may not modify, reproduce, distribute, or create derivative works of the Content without prior written consent from Kidgeni. You may, however, download or print Content for personal use, provided that you maintain all copyright notices.

(b) User Content
“User Content” refers to any text, images, or materials you provide through the Services. By making User Content available, you grant Kidgeni a non-exclusive, transferable, worldwide license to use, modify, distribute, and publicly display your content in connection with the Services. You represent and warrant that you own or have the necessary rights to any User Content you submit, and that its use will not infringe on third-party rights.

Downloads
The Services provide access to downloadable content, including files, images, information, and PDF documents (collectively referred to as “Downloadable Content”). This Downloadable Content is licensed solely for your personal, non-commercial use. You agree to retain all copyright and proprietary notices within the Downloadable Content, acknowledging that we retain full ownership and intellectual property rights. You assume all risks associated with the use or reliance on this content. To the fullest extent permitted by law, we make no warranties regarding the Downloadable Content and, without limiting the Disclaimer and Limitation of Liability section below, are not responsible or liable for any loss or damage of any kind resulting from your use of or reliance on the Downloadable Content.

Commercial Use of User-Generated Content
While the Services are generally intended for personal, educational, and creative use, you are permitted to use content that you create within Kidgeni for commercial purposes, including but not limited to selling, distributing, or monetizing such content.

However, this permission applies only to content that you have created. You may not use Kidgeni’s trademarks, logos, or proprietary materials (such as the Kidgeni app interface or templates) for commercial purposes without prior written consent from Kidgeni. Any unauthorized use of Kidgeni’s intellectual property outside of the user-generated content will be considered a violation of these Terms.



Feedback
We welcome feedback on our website, products, and services. By submitting feedback, you grant us a license to use, modify, and distribute your suggestions for any purpose without compensation.

Links to Third-Party Websites
The Services may contain links to websites owned by third parties. These links are provided solely for convenience and may not remain current or active. Kidgeni has not reviewed these websites, does not control them, and assumes no responsibility for their content, availability, security, or privacy practices. Kidgeni does not endorse, recommend, or approve any information, products, or services on linked sites and is not liable for any content found there. Use of any link to an external website is entirely at your own risk, and Kidgeni makes no guarantees or representations regarding these sites.
No part of the Services may be linked to without Kidgeni’s prior written consent.

Website and App Availability
Kidgeni may, at any time and without prior notice, discontinue operation of part or all of the Services or selectively disable certain features. Any modification or discontinuation of the Services is at Kidgeni’s sole discretion and entails no obligation or liability to you. Your use of the Services does not guarantee ongoing access or availability.

Privacy
To learn how we collect, use, and disclose personal information in connection with your use of the Services, please refer to our Privacy Policy at www.kidgeni.com/privacy.

Security
While we take reasonable steps to secure the Services, Kidgeni cannot guarantee that electronic communication or data stored on cloud-based servers is entirely secure. You are responsible for safeguarding your own data, and Kidgeni is not liable for any unauthorized access.

Sale of Kidgeni Products and Services
Kidgeni reserves the right to discontinue any products or services offered through the Services or to modify their specifications at any time, without prior notice and without any liability.

Disclaimer and Limitation of Liability
Your use of the Services is at your own risk. While Kidgeni strives to provide accurate information, we are under no obligation to ensure the accuracy, timeliness, or completeness of the Services. Kidgeni accepts no liability for any errors, omissions, or losses from the information provided by Kidgeni, our licensors, suppliers, or other users, and reserves the right to make changes to the Services at any time without notice.

The Services are offered by Kidgeni in good faith on an “as is” and “as available” basis for general information. Users assume all risks associated with using the Services, including reliance on their availability, accuracy, completeness, or suitability.

Kidgeni makes no representations regarding the suitability, reliability, or accuracy of the information, services, and other content available on the Services. You are fully responsible for your use and interpretation of all content on the Services.

Kidgeni may, at its discretion, restrict, suspend, or cancel access to the Services at any time without notice. We do not guarantee that the Services will be uninterrupted, up-to-date, or free of errors or harmful elements like viruses. Kidgeni disclaims responsibility for any harm from such elements or for any security issues.

Kidgeni is not liable for any disruptions, technical malfunctions, data loss, or damage to your systems from using the Services or a linked website. You are responsible for taking precautions to protect your systems from viruses and other harmful content.

Kidgeni is not responsible for lost, incomplete, delayed, or disrupted messages, connections, or communications due to technical malfunctions or interference.
To the fullest extent allowed by law, you agree not to hold Kidgeni or its affiliates liable:

• For any damages (including direct, indirect, incidental, consequential, special, punitive, or exemplary damages) related to the Services, regardless of whether they arise from contract, tort, equity, or other remedies.
  
• For any loss or damage resulting from linked third-party websites.
  

Certain jurisdictions do not allow the exclusion of liability for personal injury or consequential damages, so in such cases, our liability shall be limited to the maximum extent allowed by law.
IN NO EVENT WILL OUR TOTAL LIABILITY FOR CLAIMS RELATED TO THESE TERMS, WHETHER FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT YOU HAVE PAID FOR PRODUCTS AND/OR SERVICES THROUGH THE SERVICES OR ONE HUNDRED US DOLLARS (USD $100), IF YOU HAVE NO PAYMENT OBLIGATIONS TO Kidgeni, AS APPLICABLE.

Indemnity
By using the Services, you agree to indemnify and hold harmless Kidgeni, along with its subsidiaries, affiliates, related companies, suppliers, licensors, partners, and each of their respective officers, directors, employees, agents, and representatives, from all liabilities, damages, losses, costs, legal fees, claims, demands, and any causes of action, whether under law or equity, that Kidgeni may incur due to: (a) your access and use of the Services; (b) any alleged violation of these Terms; and (c) any infringement by you, or any third party using your account or devices, of any intellectual property or other rights of any individual or entity. You recognize that any such violation may result in substantial harm to Kidgeni’s business, reputation, and stakeholders, and such damages are not considered remote or otherwise unrecoverable under law.

Kidgeni reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with Kidgeni’s defense of such claims. You further agree not to settle any claim without Kidgeni’s prior written consent. Kidgeni will make reasonable efforts to notify you of any such claim, action, or proceeding once we become aware of it.

No Partnership
You acknowledge that these Terms, our Privacy Policy, or any use of the Services do not create a joint venture, partnership, employment, or agency relationship between you and Kidgeni.
Kidgeni’s performance under these Terms is subject to applicable laws and legal processes. Nothing in these Terms or our Privacy Policy limits Kidgeni’s right to comply with law enforcement requests or legal requirements related to your use of the Services or any information provided to or collected by Kidgeni in connection with such use.

Applicable Laws
These Terms, along with any dispute, controversy, proceeding, or claim arising out of or in connection with them, will be governed by and interpreted in accordance with the laws of Delaware and applicable federal laws within the United States, without regard to conflict of law principles.

Termination
Kidgeni reserves the right to terminate your access to and use of the Services at any time, at its sole discretion, and without notice. If Kidgeni determines, in its sole judgment, that you have violated any provision of these Terms, it may suspend or terminate your access to the Services without prior notice. Kidgeni also reserves the right to take any actions deemed necessary to prevent violations, without any liability for damages you or a third party may incur as a result. Upon termination, cancellation, or discontinuation of Services or your account, the following sections will continue to apply: Intellectual Property Rights, Feedback, No Commercial Use, Disclaimer and Limitation of Liability, Indemnity, Applicable Laws, and General Terms.

General Terms
These Terms and the incorporated Privacy Policy constitute the entire agreement between you and Kidgeni regarding the subject matter and supersede all prior communications or agreements, whether oral or written, between you and Kidgeni or its affiliates. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent possible to fulfill the intent of the Terms, with the remainder remaining in full effect. Kidgeni’s failure to enforce any provision or right under these Terms will not constitute a waiver of such provision or right.

Contact Us
If you have any questions regarding these Terms, please contact us at:

Kidgeni Inc.
Email: hi@kidgeni.com

Last updated: Oct 24, 2024