Terms & Conditions

Terms and Condition of Use

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Kidolaa mobile application (the “Service”) operated by Simfler Inc. (“us”, “we”, or “our”).
Your access and use of the service is subject to the following terms and conditions (the "Terms and Conditions" or "Agreement") and all applicable laws. By accessing or using any part of the Service, you accept, without limitation or qualification, these terms and conditions.

Overview

Kidolaa is a mobile and web-based technology platform that provides parents with one safe space to capture and share their children’s life stories with family. Kidolaa also provides content and other product recommendations to you.

Basic Terms

You may use the Service only if you can form a binding contract with Kidolaa and are not a person barred from receiving services under the laws of the India or other applicable jurisdiction. If you are accepting these Terms and Conditions on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations. The Service is not intended for children under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE. By using the Service, you represent and warrant that you are at least 18 years of age.

Kidolaa Service

Subject to the terms of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Kidolaa reserves all rights not expressly granted herein in the Service and the Kidolaa Content (as defined below). Kidolaa may terminate this license at any time for any reason or no reason. Your Kidolaa account gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion.

Privacy

We care about your privacy. Any information that you provide to Kidolaa is subject to our Privacy Policy, a copy of which is available at https://kidolaa.com/privacy, which governs our collection and use of your information and user information. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information within the India and/or to other countries for storage, processing and use by Kidolaa (as set forth in the Privacy Policy). As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service and your User account, which you may not be able to opt-out from receiving.

Passwords

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password within your reasonable control. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Kidolaa immediately of any breach of security or unauthorized use of your account. Kidolaa will not be liable for any losses caused by any unauthorized use of your account.

Use of the Service

This Service is provided for your personal and non-commercial use and for informational purposes regarding our services only. Any other use of the Service requires the prior written consent of Kidolaa.
You agree not to engage in any of the following prohibited activities:
(i) Using any scraper, spider, robot or other automated means of any kind to access the Service, deep-link to any feature or content on the Service, crawl the Service in any manner, or bypass any other measures we may use to prevent or restrict access to the Service.
(ii) Overloading, flooding, spamming, mail-bombing the Service, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service.
(iii) Undertaking, causing, permitting or authorizing the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Service or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by law, or otherwise attempt to use or access any portion of the Service other than as intended by Kidolaa.
(iv) Reproducing, distributing, displaying, performing, selling, trading, reselling or exploiting any portion of the Service, use of the Service, access to the Service or content obtained through the Service for any purpose.
(v) Attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service
(vi) Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
(vii) Uploading, sending, posting, transmitting or otherwise making available any invalid data, viruses, worms, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
(viii) Uploading or otherwise transmitting to or through the Service any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit or, hateful or otherwise objectionable material of any kind.
(ix) Collecting or harvesting any personal information, including account names, from the Service.
(x) Deleting the copyright and other proprietary rights notices.
xi) Uploading, posting or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise).
(xii) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
(xiii) Using any trademarks, service marks, design marks, logos, photographs or other content belonging to Kidolaa or obtained from the Service
(xvi) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

Modifications

We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, Kidolaa may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit Kidolaa to deliver these to you (and you to receive them) as part of your use of the Service.

Termination

You may discontinue your use of the Service at any time, for any or no reason and with or without notice. Kidolaa may also terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for Kidolaa terminating your account or the Service include, without limitation:(a) breach or violation of these Terms of Service, (b) your request or self-effecting account deletion,(c) an extended period of inactivity (determined in Kidolaa sole discretion), (d) your non-payment of any fees or other sums due Kidolaa or any other party related to your use of the Service, (e) requests by law enforcement or other government agencies, (f) the discontinuance or material modification to the Service (or any part thereof), or (g) unexpected technical or security issues or problems. In the event of any termination, we will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use the Service.

Third-Party Links

This Service may contain links to other web sites and apps not maintained by Tinybeans. Other web sites and apps may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every site and app that you visit. We are not responsible for the practices or the content of such other services.

User Content and Your License to Kidolaa

You retain your rights to any content or information you submit, post, or display on or through the Service ("User Content") and Kidolaa does not claim ownership of any of your User Content. Instead, for good and valuable consideration, including the right to use the Service, the receipt and sufficiency of which is hereby acknowledged, you hereby grant to Kidolaa, and their respective parents, subsidiaries and affiliate companies, successors, assigns, designees, agents and employees the non-exclusive, fully paid, sub-licensable, assignable, royalty-free right and license to use your User Content, in any and all media now known or hereafter developed, throughout the world, subject to our Privacy Policy, available here https://kidolaa.com/privacy. You can choose who can view your User Content and activities, including your albums, as described in the Privacy Policy. This license for such limited purposes continues even after you stop using the Service, with respect to aggregate and de-identified data derived from User Content and any residual backup copies of User Content made in the ordinary course of business. This license also extends to any trusted third parties that Kidolaa works with to the extent necessary to provide the Service to you.
Kidolaa expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service. Kidolaa reserves the right to investigate and take appropriate legal action against anyone who, in Kidolaa’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:

Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KIDOLAA, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF KIDOLAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)RESULTING FROM

Closing Your Account

To cancel your account, send an email to hola@kidolaa.com and provide your name, the email address associated with your account, and a phone number where you can be reached.

Entire Agreement and Changes

This Agreement and our Privacy Policy are the entire and exclusive agreement between Kidolaa and you regarding the Service and these Terms and Conditions supersede and replace any prior agreements between Kidolaa and you regarding the Service.
These Terms and Conditions may be changed at any time without prior notice. Kidolaa will make such changes by posting them on the Kidolaa App or web site or both or by other reasonable means in our sole discretion. Your continued use of the Service after such changes conclusively demonstrates your acceptance of those changes. Kidolaa may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. If you do not agree to any of these Terms and Conditions or any future Terms and Conditions, do not use or access (or continue to access) the Service.

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