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General terms and conditions

for the use of the Kidgonet Child and Youth Protection App | as of October 2018

1. General information

(1) The following general terms and conditions regulate the contractual relationship between Kidgonet GmbH, Eugen-Sänger-Ring 13, 85649 Brunnthal (hereinafter referred to as “Kidgonet”) and the customer with regard to the use of the Kidgonet child and youth safety device (hereinafter referred to as “Kidgonet safety device”). Deviating customer regulations shall not apply unless Kidgonet has expressly confirmed this in writing.

(2) The business relations between Kidgonet and the customers are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The validity of UN sales law is excluded.

(3) The place of jurisdiction shall be Munich if the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the place of residence or usual abode is not known at the time the action is filed.

(4) Agreements made with the customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these terms and conditions.

(5) The contract language is German.

(6) In the online shop the customer can call up and print out the order overview as well as the general terms and conditions. In addition, these are made available with the order and sent to the customer in the full text additionally after contract conclusion together with revocation instruction.

(7) Customers who are consumers have the possibility to use an alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: http://ec.europa.eu/consumers/odr/

2. Contract term, termination

(1) The contract shall be concluded for the duration selected by the customer and shall be extended by this term in each case if it is not terminated by either party.

(2) The contract can be terminated at any time during the term by a corresponding function in the customer area, by e-mail or fax with 7 days’ notice to the end of the original contract term or the respective extension month.

(3) The right to termination for important reasons remains unaffected.

3. Contractual object

(1) The Kidgonet protection enables the customer – usually the parents, a parent or other guardian – to prevent access to unsuitable websites for children by certain users of such end devices (usually the children of the customer or other underage protection orders) on end devices determined by the customer (hereinafter the “end devices”) and to limit the Internet use of the device users on the protected devices for a certain period of time.

(2) This is essentially done as follows: The Customer shall install the Kidgonet App on the end devices to be protected and activate the Kidgonet child and youth protection system. When the protection is activated, the age-appropriate child and youth protection is immediately active and can be administered by the parents via a central web-based interface (hereinafter referred to as the “Parents’ Area”) and individualized in the settings.

(3) Kidgonet offers customers virtual protection keys for purchase in the online shop, which are used to control the temporal use of Kidgonet protection for Internet-enabled end devices.

(4) When purchasing in the online shop, a service contract is concluded through Kidgonet’s acceptance of the customer’s order. Price markings in the online shop do not represent an offer in the legal sense. Before the binding submission of his order by clicking the button “order payable”, the customer can correct all entries continuously via the usual touch screen, keyboard and mouse functions. Before placing his order, the customer can determine whether Kidgonet should begin executing a contract for digital content before the expiry of the revocation period. The cancellation policy is already linked here. In addition, the customer will be informed of these general terms and conditions and their inclusion prior to conclusion and the content of the conditions will be visibly linked. The customer must positively confirm the inclusion and acknowledgement by placing a check mark in order to complete the order. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual touch screen, keyboard and mouse functions. The receipt and acceptance of the order will be confirmed to the customer by e-mail. With the notification by e-mail about the conclusion of the contract the customer receives the contract text and these general terms and conditions, as well as the revocation instruction of Kidgonet.

(5) Kidgonet will make presettings for the filters depending on the age of the end user. (http://www.bundespruefstelle.de/bpjm/Aufgaben/Listenfuehrung/bpjm-modul.html). Device users will be able to access all Internet sites that are not blacklisted. The content filter developed by Kidgonet is also used. This filter analyzes search entries and Internet page views on the basis of keywords and blocks them if they are too critical.

(6) The possible time limitation is cross-device, i.e. all times of Internet usage of a device user on the protected end devices assigned to him are added together and viewed cumulatively.

(7) Access to protected end devices: The software and the app each access configuration settings of the end devices to implement the above-mentioned functionalities.

This is the case with the Android operating system:
– Location
– External memory
– VPN connection
– Device administration rights
– input assistance

For the operating system IOS:
– VPN connection
– Location
– Installation of an MDM profile

(8) The Kidgonet fuse may only be installed by the legal representative(s) of the equipment user for this user.

4. No complete protection

(1) We would like to point out that the Kidgonet protection system cannot completely prevent access by device users to content via the Internet that is unsuitable for children. For example, although the filters are constantly being further developed, they do not detect all content that is unsuitable for children. Also, websites with our content filter are only filtered by words, not by pictures. Furthermore, the service does not prevent access to content that is transmitted to the device user within e-mails or social networks (as long as it is not links).

5. Registration

(1) To purchase the Kidgonet protection, the customer must register free of charge and open a customer account. When registering, the customer must state his first name, surname, e-mail address and place of residence. In addition, the customer provides a user name and password. Communication between Kidgonet and the customer takes place via the e-mail address provided. After completion of the registration process, the customer will receive an activation link by e-mail. The customer must click on this link to successfully open the customer account and confirm his details (double opt-in). A registration that a user does not confirm within one week by clicking the activation link can be deleted by Kidgonet.

(2) The data requested by Kidgonet during registration must be complete and correct. Customers must keep their access data secret. If the data changes subsequently, the customers are obliged to correct the data immediately.

6. Prices, sales tax and payment

(1) All prices include the statutory value added tax applicable in the respective country of the customer.

(2) The provision of the Kidgonet protection takes place after prepayment of the customer. Unless otherwise agreed, the purchase price shall be paid immediately after order confirmation by SEPA direct debit, credit card or PayPal. The credit card or the bank account will be debited within 24 hours after ordering. The text “Kidgonet, Holzkirchen” will appear on the credit card statement or account statement.

(3) The payment is due at the latest 1 week after conclusion of the contract.

(4) If a customer falls into arrears with his payment obligations, Kidgonet can claim damages according to the legal regulations and stop the provision of the Kidgonet child safety device until the purchase price has been paid in full.

(5) Kidgonet always issues an invoice to the customer, which is sent to him in electronic form.

7. Provision
Kidgonet protection

(1) The Kidgonet protection shall be made available to the customer upon receipt of payment. On the one hand, the customer receives a link by e-mail, where the customer can view and manage the customer area set up for him, on the other hand, the customer can download the Kidgonet App at any time. Kidgonet points out that a connection to the Internet must be established for each call of the digital service.

(2) With the purchase of the Kidgonet license, the customer acquires the right to use the Kidgonet license for the duration of his contract to secure the corresponding number of end devices. This offer is a subscription, which is automatically extended at the end of the term until revoked by the selected term.

(3) Kidgonet may restrict access to its own services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data require this. If services fail due to a fault outside Kidgonet’s area of responsibility, the reduction is excluded. The same applies to the failure of services due to necessary operational interruptions (maintenance work).

(4) We will use the latest version of our child and youth protection solution as far as technically possible. Changes to the version shall be made exclusively in consideration of our interests for the customer, if these are reasonable. We will inform the customer of a change to the service, at the latest two weeks before the date of the change. The customer is not entitled to the use of a newer or older version of the service.

8. Liability for material defects and defects of title

(1) Kidgonet shall be liable for material defects and defects of title in accordance with the statutory provisions. The customer shall notify Kidgonet of any defects within a warranty period of two years. Otherwise, the seller is liable for material defects and defects of title in accordance with the statutory provisions.

9. Liability committee

(1) Kidgonet is liable in the case of intent or gross negligence as well as in the case of the absence of a
guaranteed property for all resulting damages unlimited.

(2) In case of slight negligence, Kidgonet is liable without limitation in case of injury to life, body or health.

(3) If Kidgonet is in delay with its performance due to slight negligence, if the performance has become impossible or if Kidgonet has violated an essential obligation, the liability for material damage and financial loss caused by this is limited to the typical and foreseeable damage. An essential obligation is one the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the attainment of the purpose of the contract and the observance of which the customer may regularly rely on.

(4) The above exclusions and limitations of liability shall not apply if Kidgonet has assumed a guarantee for the quality of the goods or services, nor for damages which are to be compensated according to the Product Liability Act, nor for damages to life, body or health.

(5) The foregoing exclusions and limitations of liability shall also apply in favour of our employees, vicarious agents and other third parties whom we employ for the performance of the contract.

10. Copyrights & Terms of use of the Kidgonet protection system

(1) Kidgonet reserves the industrial property rights and copyrights to all digital contents, logos, illustrations and other documents. The copyright notices, digital signatures, trademarks and other proprietary notices contained in the Digital Service may not be modified or removed. Digital content may not be further processed, modified in content or editorially, sold, passed on, published, made available for download, edited or transferred in any other way by the customer.

(2) The customer does not acquire ownership of the Kidgonet protection. The customer only receives the simple, time-limited, personal and non-transferable right to use the digital service for personal use. The customer is strictly prohibited from publicly reproducing, posting the Kidgonet backup on the Internet or in a corporate network, lending, reselling and any other use for commercial purposes. The transfer of the access data to the customer area or the link with the provided Kidgonet protection to third parties is also prohibited.

(3) In case of an unauthorized, abusive use of the Kidgonet protection or a violation of these terms and conditions (including terms of use), Kidgonet has in particular the right to block the access of the customer temporarily or permanently. Kidgonet reserves the right to take legal action in any case.

11. Data protection

(1) Kidgonet collects, processes and uses personal data in accordance with the statutory provisions and its privacy policy. This privacy statement is available at https://www.kidgonet.de/datenschutz/app/

12. Severability clause

(1) If a provision of these general terms and conditions is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision which comes as close as possible to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any loopholes.

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