These are the terms that apply to the k-ID products and services (the "Services"), which include the website www.k-id.com and associated subdomains and the k-ID Family Connect Portal.

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1. Agreement to Terms

By using our Services, you are agreeing to follow these Terms of Service (“Terms”), which are a binding agreement between you and KIDENTIFY PTE. LTD., a company incorporated in Singapore (referred to as “k-ID,” “we,” “us,” or “our”). If you do not agree to these Terms, please do not use our Services. Please read these Terms carefully. If you do not have the legal capacity in your jurisdiction to accept these Terms, you must ask a parent or legal guardian to read this Agreement and accept it on your behalf. Parents and guardians are responsible for the acts of their children/wards when using our Services, regardless whether you, as the parent or guardian, have authorized such use(s).

2. Privacy Policy

 Please take a moment to review our Privacy Policy, which explains how we collect, use, and share your information when you use our Services.

3. Account Registration

To access certain parts of our Services, you may need to register for an account with us. If you decide to register for an account with us, you agree:

 a.  To provide accurate and complete information when registering for your account;

b.   To keep your account secure by protecting your login credentials (username and password);

c.   Not to share your account with anyone else;

d.   That you are responsible for all activity that occurs in your account, which also includes any activity carried out by your child(ren) or ward(s) (as the case may be);

e.   To inform us immediately if you notice any unauthorized access to your account;

f.   To keep your account information up-to-date;

g.  To be responsible for backing up your own content and acknowledge that we are not responsible for any loss or corruption of your content.

We may suspend or terminate your account if we reasonably believe you have violated these Terms.

4. No Fees

Our Services are provided to you free of charge. You do not pay us any monetary fees for accessor use. We do not guarantee that the Services will always be available or be uninterrupted. Additionally, due to your geographic location, the Services or some of its features or content may be unavailable to you.

However, even though our Services are free, this does not affect our obligations to you under applicable consumer protection and data protection laws. In particular:

 a.         We will provide the Services with reasonable care and in accordance with applicable legal standards.

b.         If you are a consumer, you may benefit from rights granted by the mandatory laws of your country of residence, including rights relating to safety, digital services, and online platforms. Nothing in these Terms limits or excludes those rights.

c.         To use the Services you may provide personal data. We process such data in compliance with applicable privacy and data protection laws (such as the EU General DataProtection Regulation (GDPR) where relevant).

d.         Because the Services are free of charge, consumer rights relating to payments, refunds, or withdrawal of paid services do not apply.

By making the Services available at no cost, we aim to provide you with useful tools while maintaining a high standard of responsibility and accountability under the laws that protect consumers globally.

In addition, for users in the European Union only: 

Our Services are provided to you free of charge. You do not pay us any monetary consideration for the use of the Services. Accordingly, consumer rights relating to payments, refunds, or withdrawal under the EU Consumer Rights Directive do not apply.

Please note, however, that in order to access and use the Services you may need to provide certain personal data. Any personal data you provide will be handled in accordance with our Privacy Policy and applicable data protection laws, including the EU General Data Protection Regulation (GDPR).

5. User Content

a. Our Services may allow you to submit various types of content, such as text, files, images, and videos. By uploading or creating content on the Service, you grant us and our partners a limited licence to use, display, and distribute that content solely for the operation and improvement of the Services.  This content you submit to us is called “User Content”. You own your User Content and we don’t claim any ownership rights over it. Notwithstanding this license, we only collect, use, and share your personal information as described in our Privacy Policy.

b.     Your Responsibility for User Content: You are responsible for your User Content. You must have the necessary rights and permissions to submit it. You must not submit User Content that violates any laws or infringes on anyone’s rights. We are not responsible for any User Content or third-party content that you use or rely on.

c.     Removal of User Content: If you delete your content, our licence to use it will end, except to the extent that it has been shared with others or used for service integrity, compliance, or legal reasons. However, you acknowledge that despite our best efforts, some User Content may not be completely removed and copies may still exist on our Services. Similarly, if you exercise your data subject rights, we will ensure that your personal data contained in such content is handled in accordance with our Privacy Policy.

 d.    Prohibited Content: You must not submit User Content that violates our terms, including content that is illegal, inappropriate, or offensive. This includes but is not limited to hate speech, violence, terrorism, and pornography.  We reserve the right to take down any Prohibited Content at our sole discretion.

e.    DMCA/CopyrightPolicy: We respect copyright laws and expect our users to do the same. We will respond to notices of alleged copyright infringement in accordance with applicable laws and regulations.

f.    Our Intellectual Property: We own the Services and all related content and materials, including trademarks and brand elements. You have a limited license to access and use the Services, but you do not own them.

g.   Prohibited Conduct: You must not use the Services in a way that violates these Terms or any laws or regulations. This includes attempting to reverse engineer or modify the Services, interfering with other users’ access, and collecting or using personal information without permission.

6. Feedback

We welcome your feedback and suggestions for improving the Services. If you submit Feedback, you agree we may use it without any restriction, acknowledgement, or compensation to you.

7. Prohibitions

You agree not to do any of the following:

a.    Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

b.    Use, display, mirror or frame the Services or any individual element within the Services, k-ID’s name, any k-ID trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

c.    Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;

d.    Attempt to probe, scan or test the vulnerability of any our system or network or breach any security or authentication measures;

e.    Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party to protect the Services;

f.     Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism other than the software provided by us or other generally available third-party web browsers;

g.    Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

h.    Use any meta tags or other hidden text or metadata utilizing a k-ID trademark, logo URL or product name without our express written consent;

i.    Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

j.    Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in anyway use the Services to send altered, deceptive or false source-identifying information;

k.    Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

l.    Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

m.    Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

n.    Impersonate or misrepresent your affiliation with any person or entity;

o.    Violate any applicable law or regulation; or

 p.    Encourage or enable any other individual to do any of the foregoing.

We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

8. Links to Third-Party Website or Resources

We may provide links to other websites or resources as a convenience, but we are not responsible for their content or any products or services they offer. You are solely responsible for using these resources and assume any associated risks. We do not own any trademarks or intellectual property related to these third-party websites, unless we explicitly state otherwise.

9. Changes

We may update these Terms or the Services at any time, and we’ll try to let you know by posting the changes. Please review the Terms regularly. If you keep using the Services after we make such changes, it means you accept them. We may also change or stop offering parts of the Services at any time without notice.

10. Termination

a.    Termination by you: You can close your account anytime. If you do, your access to the Services will end, and your User Content will be deleted according to our data retention policy and these Terms. We’ll confirm the closure of your account.

 b.    Termination by us: We can stop you from using our Services at any time, with or without notice. We can also stop you from using our Services if you are in breach of these Terms.

11. Warranty Disclaimers

To the maximum extent permitted under applicable law, we provide the Services “as is,” and do not offer any warranties, whether implied or explicit, including but not limited to warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement. We cannot guarantee that the Services will meet your needs or be available without interruption, security breaches, or errors. We also cannot guarantee the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services.

12. Indemnity

You will indemnify and hold us and our officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the services, (b) your User Content, or (c) your violation of these Terms.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUES, SAVINGS, BUSINESS OPPORTUNITIES, DATA, OR GOODWILL, OR FOR SERVICE INTERRUPTIONS, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR FOR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR THE USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. OUR TOTAL LIABILITY FOR THESE TERMS OR THE USE OF THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU HAVE PAID OR OWE US FOR THE SERVICES, OR $100 IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US. THESE LIMITATIONS ARE A FUNDAMENTAL PART OF OUR AGREEMENT. HOWEVER, WE ARE STILL LIABLE FOR LOSSES THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, SUCH AS DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FRAUD.

14. Dispute Resolution & Governing Law

(a)   Governing Law. Any disagreements or issues related to these Terms or the services provided will be resolved according to Singaporean law. The language of the contract will not be construed against the drafter.

(b)   Dispute Resolution. Any disputes will be resolved through arbitration administered by the Singapore International Arbitration Centre (SIAC) under their Arbitration Rules in effect at the time of the arbitration notice. These rules are incorporated by reference in this clause.

(c)   Arbitration Rules. The arbitration will take place in Singapore and follow Singaporean laws. English will be the language used in the proceedings. There will be three arbitrators, with each party choosing one. The SIAC will confirm the appointments and the two arbitrators will choose the third within ten days. If any party fails to choose an arbitrator, the SIAC Secretary General will make the appointment. The arbitrators will only award damages allowed under these Terms.

(d)   Costs. Both parties will pay for their own costs and expenses, including counsel fees, for the arbitration. However, the fees and expenses of the arbitrators will be shared equally between the parties.

(e)   Injunctive Relief. Notwithstanding anything to the contrary in these Terms, either party may always apply to a court of competent jurisdiction for an injunction or any other legal or equitable relief.

If you have any concerns or complaints about the Services, please contact us first at support@k-id.com. We will do our best to resolve issues informally.

For users in the European Union only

If you are a consumer in the EU, you may also use the European Commission’s Online Dispute Resolution (ODR) platform to resolve disputes: https://ec.europa.eu/consumers/odr

15. General Terms

 a.    Our ownership of the Services, along with all associated intellectual property rights, is exclusive to us and our licensors. It’s important to note that these Services are protected by copyright, trademark, and other laws both domestically and internationally. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices that are incorporated in or accompany the Services.

b.    Waiver of Rights: Any lack or absence of enforcement of any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of a right or provision shall only be effective if it is in writing and signed by our authorized representative. The exercise of any remedy under these Terms by either party shall not prejudice its other remedies under these Terms or otherwise, unless expressly stated in these Terms.

c.    In case of any discrepancies or inconsistencies between the English version and the local language version of these Terms, the English version shall prevail, unless otherwise prescribed bylaw.

16. Contact

If you have any inquiries regarding the services or these Terms, please do not hesitate to contact us at support@k-ID.com.