2 Scope of Services
PROTECT YOUR KID provides a smartphone app which, with the help of parents or guardians, can regulate the smartphone usage of their own children or children in their care. Furthermore, PROTECT YOUR KID maintains a website on the Internet and offers the user access to information in connection with the service described.
PROTECT YOUR KID is offered exclusively for private use. Any commercial use is not in the scope of services offered and is not permitted.
PROTECT YOUR KID is entitled to use third-party service providers and agents for the provision of parts of or all of the range of services.
The user expressly agrees that PROTECT YOUR KID may send him/her newsletters at irregular intervals. The newsletter subscription can be stopped at any time via the unsubscribe link.
3 Conclusion of Contract, Commencement of Contract
The contract between PROTECT YOUR KID and the user comes into effect at the point the user registers via the PROTECT YOUR KID website or the mobile app.
The user can proceed with the free registration by completing the registration form or by activating the smartphone app. Here, the following data is copied into the PROTECT YOUR KID database: device ID, e-mail, language, mobile phone number (optional) and expiration date of the active subscription. The user agrees that this data is entered into the PROTECT YOUR KID database.
4 Costs, Prices
The use of the service is free during the trial period. After the trial period, the service stops automatically. The user can extend the further use of the Service with a so called « in-app purchase ». The revocation of this « in-app purchase » is only possible in accordance with the current regulations in Google Play Store. The user will be reminded by e-mail about the end of the period of use. The prices are clearly and visibly displayed to the user on the PROTECT YOUR KID website and in the mobile app before final purchase. PROTECT YOUR KID reserves the right to change these prices at unspecified times in the future.
5 Obligations of users
The user agrees to the use of the app in accordance with the use specified in the contract. In particular, the user may not use the app for illegal purposes.
The user acquires a simple, non-exclusive right of use for the app. The right of use is not transferable. The user is not authorized to sell the app to third parties, sublicense or lease it.
The user agrees to take suitable action to prevent unauthorized use of his/her data, especially passwords, by third parties. The user will report immediately to PROTECT YOUR KID any noted or suspected unauthorized use of their data/accounts.
The user agrees to hold PROTECT YOUR KID harmless from any kind of claims, damages, losses or claims which may arise from the use of the app, so far as this damage is not based on the intent or negligence of PROTECT YOUR KID, his legal representative or agents. Particularly, the user agrees to absolve PROTECT YOUR KID of any liability and all obligations, expenses and claims arising from damages due to defamation, libel and violation of personal rights, due to the failure of services to users, due to infringement of intellectual property or other rights.
The user agrees not to intentionally declare data of third persons (incl. E-mail address) as his/her own. In particular, he/she undertakes not to provide the bank details or credit card information of third parties fraudulently.
Furthermore, by registering for and using the service under http://www.PROTECTYOURKID.de or mobile apps, the user agrees to comply with all applicable laws.
6 Breach of User Obligations
The right to further claims, in particular compensation claims, by PROTECT YOUR KID is expressly reserved.
7 Extent of Use
The app may be used on any suitable hardware. The use of the app on more than one device is not provided for by the purchase of a single PROTECT YOUR KID subscription. For operation on other devices the user requires a corresponding additional number of PROTECT YOUR KID subscriptions.
The user is not authorized to transfer the rights in this Contract or grant corresponding user rights to third parties.
8 Prohibition of Commercial or Business Use
The user affirms that his/her use of the app will not be in a context of any commercial and or business activities. He/she agrees not to use the PROTECT YOUR KID website and or mobile app for commercial or business purposes.
A user, who uses the app in the context of or to pursue commercial or business purposes as set out in § 8 is obligated to pay PROTECT YOUR KID liquidated damages of five thousand Euros. The user is permitted in such a case to prove that damages have not occurred or that the damages are substantially less than the liquidated damages. In this case, PROTECT YOU KID reserves the right to prove that he has thereby suffered higher damages.
10 Data Protection Clause
All personal data submitted to PROTECT YOUR KID is subject to data protection and will not be made available to third parties without the written permission of the users, unless this is required in accordance with statutory or administrative order.
PROTECT YOUR KID is liable to the user for damages which PROTECT YOUR KID, their legal representatives, other employees or agents have caused intentionally or by gross negligence in the performance of their contractual obligations.
In the case of slight negligence PROTECT YOUR KID is liable only if such obligations which are essential for the fulfilment and purpose of the contract (so called “cardinal obligations” – material contractual obligations) are violated.
If liability is found to exist for the reason given, the liability to pay damages is limited to foreseeable damages typical for the contract.
Further claims by the user, regardless of the legal basis, are excluded. In particular, PROTECT YOUR KID is not liable for consequential damages resulting from defects or other financial damages to the customer, especially not for lost profits.
The above limitations of liability do not apply in the case of injury to life, limb or health, or if product liability laws apply.
PROTECT YOUR KID assumes no liability for unauthorized acquisition by third parties of the user’s personal data (e.g. by unauthorized access to the database), in so far as PROTECT YOUR KID or any of his legal representatives or agents are not at fault.
PROTECT YOUR KID cannot be held liable for any significant impairment of service.
Furthermore, PROTECT YOUR KID is not liable for service outages for which he is not responsible, for example by force majeure or technical failures of the Internet.
12 FINAL PROVISIONS
Changes and additions to the contract must be in writing. Any annulment or amendment to this written form requirement itself must also be in written form.
If any individual provisions of this contract be invalid or unenforceable or invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the valid and enforceable provision, whose effects come closest to the economic objectives as pursued by the contractual parties with the invalid or unenforceable provision, applies. The above provisions apply in the event that the contract proves to be incomplete.
The contractual agreements between the parties are subject to the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on the International Sale of Goods (CISG) and the conflict of laws.