These are the terms that apply to the k-ID products and services (the “Services”), which include but not limited to the website www.k-id.com and associated subdomains, the k-ID Family Portal application (“App”), and any other websites, software or other products or services we provide, whether or not they are installed or used on a computer, console, or a mobile device.

IMPORTANT NOTICE FOR U.S. USERS: When you agree to these Terms, you are agreeing to resolve any dispute with us through binding arbitration instead of in court, with limited exceptions. Please read Section 15 (“Dispute Resolution”) below for more information about arbitration.

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 are under 18 years old or not legally considered an adult in your jurisdiction, 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 when using our Services, whether or not the parent or guardian has authorized such uses. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.

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. 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 changes, it means you accept them. We may also change or stop offering parts of the Services at any time without notice.

4. Who Can Use the Services?

If you are an individual, you can only use the Services if you are legally able to agree to these Terms. If you are using the Services on behalf of a business or entity, you must be authorized to do so and your business or entity is responsible for your use of the Services.

If you are subject to economic sanctions or on a sanctions list issued by certain governments or agencies, you may not use the Services. You are responsible for ensuring that your end users do not violate any export restrictions or embargoes and that you do not provide access to the Services to sanctioned persons or entities.

5. Feedback

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

6. User Content

a.   Our Services may allow you to submit various types of content, such as text, files, images, and videos. This content is called “User Content.” You own your User Content and we don’t claim any ownership rights over it.

b.   License to User Content: By submitting User Content, you give us and our partners a license to use, modify, distribute, and create derivative works from it. This license is non-exclusive, perpetual, and worldwide. We can use your User Content to operate, provide, promote, and improve our Services.

c.   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.

d.   Removal of User Content: You can remove your User Content by deleting it. However, some User Content may not be completely removed and copies may still exist on our Services.

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

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

g.   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.

h.   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.

7. Rights and Terms for Apps

    a.  App License

If you comply with these Terms, k-ID grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services (unless applicable law permits, despite this limitation); or (iv) make the functionality of the Services available to multiple users through any means.

    b.  Additional Information: Apple App Store.

This Section 7(b) applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.

8. 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 (including another user) 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 (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents 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 any way 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.

9. 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.

10. Account Management

• Keep your account secure by protecting your login credentials (username and password).
• Don’t share your account with anyone else.
• You are responsible for all activity that occurs in your account.
• If you notice any unauthorized access to your account, please let us know immediately.
• Keep your account information up-to-date, including your email address and payment details.
• You are responsible for backing up your own content. We are not responsible for any loss or corruption of your content.

11. 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.

12. 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.

13. 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.

14. 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.

15. Dispute Resolution & Governing Law

This section only applies if you are accessing, using, or have purchased the Services in the United States.

(a) This agreement and any disputes related to it or the services will be governed by federal arbitration law and the laws of California. If there are any disputes that are not required to be arbitrated, they will be handled in the state and federal courts located in Northern California.

(b) We both agree to solve any disagreement through individual arbitration, rather than in a group or consolidated action. The U.S. Federal Arbitration Act will govern how we interpret and enforce this agreement. By agreeing to this, we are giving up our right to a trial by jury or to participate in a class action. This agreement will continue even after our agreement ends.

(c) If you live in the United States, any arbitration will happen in the county where you live and not anywhere else.

(d) We usually have to use arbitration to resolve any disputes we have. However, there are two exceptions: 1) if the dispute qualifies for small claims court, we can go there instead, and 2) we can still go to court to get an injunction if someone is infringing on our intellectual property rights.

(e) Arbitration will be used to resolve any disputes, and it will be conducted by the American Arbitration Association (AAA) following their Consumer Arbitration Rules (AAA Rules), with some modifications outlined in these Terms. You can find the AAA Rules at www.adr.org or by calling 1-800-778-7879. If you want to start arbitration, you must fill out a form and submit it to AAA, and then notify the other party according to the AAA Rules. You can find the form at www.adr.org. If we need to go to arbitration, it will happen where you live, unless we both agree on a different place. The person who decides the outcome of the arbitration (the arbitrator) has the power to make all decisions about what this arbitration agreement means and how it should be applied.

(f) We will follow the rules of the AAA regarding payment of fees for filing, administration, and the arbitrator. If we prevail in arbitration, we will cover all fees and expenses, unless the arbitrator decides your dispute is frivolous. If we win the arbitration, we won’t ask you to pay our attorneys’ fees and costs. If you win, you may be entitled to attorneys’ fees and expenses according to the law.

(g) The arbitrator will decide who is responsible for any problems, but can only order the person who filed the claim to be helped. If someone wins a claim and needs to stop something bad from happening to the public, that part of the case will be decided in court, not arbitration. The court case will wait until after the arbitration case is finished.

(h) Class Action Waiver: You and we agree to only bring claims against each other as individuals, not as part of a class or representative proceeding. If we resolve our dispute through arbitration, the arbitrator cannot combine your claims with another person’s claims or preside over a representative or class proceeding. If this provision is unenforceable, then the entire Dispute Resolution (Section 15) is null and void.

(i) With the exception of any of the provisions in subsection (h) above, if an arbitrator or court of competent jurisdiction decides that any part of this Terms is invalid or unenforceable, the other parts of this Terms will still apply.

16. Dispute Resolution & Governing Law (for non-US residents)

This section only applies if you are accessing, using, or have purchased the Services outside of the United States.

(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.

17. 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) These Terms represent the entirety of our agreement regarding the Services, replacing any prior oral or written understandings or agreements. In the event that any provision of these Terms is deemed invalid or unenforceable, it will be enforced to the fullest extent possible while the remaining provisions will remain in effect.

(c) You are not permitted to assign or transfer these Terms without our prior written consent, unless otherwise provided by applicable law in your jurisdiction. Any attempt to do so without our consent or statutory right will be deemed null. We, however, reserve the right to freely assign or transfer these Terms without any restrictions. These Terms will be binding and beneficial to the parties, their successors, and permitted assigns, subject to the aforementioned conditions.

(d) We reserve the right to feature your name and logo as a user of our Services on our platforms and promotional materials. Any positive reputation resulting from the use of your name and logo will be solely for your benefit.

(e) The usage of terms such as “includes”, “including”, and “such as” should not be considered as an exhaustive list, and other items may also be included.

(f) Notices under these Terms will be provided either via email or by posting on our Services. The date of receipt for email notices will be considered the date on which the notice was transmitted.

(g) Waiver of Rights: Our failure to enforce 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.

(h) 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 by law.

(i) Upon termination, discontinuation, or cancellation of the Services or your account, certain sections will continue to be in effect. These include Sections 2 through 9, and Sections 12 through 16.

18. Contact

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