Terms and Conditions
for the use of the Kidgonet child and youth protection app | as of October 2018
(1) The following general terms and conditions govern the contractual relationship between Kidgonet GmbH, Eugen-Sänger-Ring 13, 85649 Brunnthal (hereinafter: “Kidgonet”), and the customer with regard to the use of the Kidgonet Child and Youth Protection App (hereinafter referred to as “Kidgonet Protection”). Deviating regulations of the customers do not apply, unless Kidgonet has explicitly confirmed this in writing.
(2) The business relations between Kidgonet and the customers are subject to the laws of the Federal Republic of Germany. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The application of UN sales law is excluded.
(3) The place of jurisdiction is Munich, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if a Customer does not have a general place of jurisdiction in Germany or if the Customer’s place of residence or habitual abode is unknown at the time the action is brought.
(4) Agreements made with the Customer in individual cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these Terms and Conditions.
(5) The contract language is German.
(6) In the online store, the Customer can call up and print out the order overview and the General Terms and Conditions. In addition, these are made available when ordering and are additionally sent to the customer in full text after conclusion of the contract together with the cancellation policy.
(7) Customers who are consumers have the option 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 contact point for the out-of-court settlement of disputes arising from online purchase contracts: http://ec.europa.eu/consumers/odr/
2. Contract Term, Termination
(1) The contract shall be concluded for the term selected by the customer and shall be renewed for that term at a time if it is not terminated by either party.
(2) The contract can be terminated at any time within the term by using a corresponding function in the customer area, by e-mail or fax with a 7-day notice period to the end of the original contract term or the respective extension month.
(3) The right to terminate for cause remains unaffected.
3. Subject matter of contract
(1) The Kidgonet protection enables the customer – as a rule, therefore, the parents, a parent or other custodian – to largely prevent access by certain users of such terminal devices (hereinafter “terminal devices”) – as a rule, therefore, the customer’s children or other minor charges – to Internet sites unsuitable for children on terminal devices designated by the customer (hereinafter “terminal devices”) and to limit the Internet use of the terminal device users on the protected devices for a limited period of time.
(2) This is essentially done as follows: The customer installs the Kidgonet app, which is available for free download on the website or the popular app stores, on the end devices to be protected and activates the Kidgonet child and youth protection. With the activation of the protection, the age-appropriate child and youth protection is immediately active and can be administered by the parents via a central web-based interface (hereinafter “parent area”) and individualized in the settings.
(3) Kidgonet offers customers virtual security keys for purchase in the online store, via which the temporal use of Kidgonet security for internet-enabled end devices is controlled.
(4) When purchasing in the online store, a service contract is concluded by Kidgonet’s acceptance of the customer’s order. Price markings in the online store do not constitute an offer in the legal sense. Before placing a binding order by clicking the button “order with obligation to pay”, the customer can correct all entries continuously using the usual touch screen, keyboard and mouse functions. Before submitting their order, the customer can specify whether Kidgonet should begin executing a contract for digital content before the cancellation period has expired. 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 terms and conditions will be visibly linked. The customer must positively confirm the inclusion and knowledge by setting a check mark to complete the order. In addition, all entries are displayed once 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 email of the conclusion of the contract, the customer will receive the text of the contract and these General Terms and Conditions, as well as Kidgonet’s cancellation policy.
(5) Kidgonet will make default settings in 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 websites that are not blacklisted. In addition, the content filter developed by Kidgonet will be applied. This filter analyzes search entries and Internet page calls on the basis of keywords and blocks them if they are classified as too critical.
(6) The possible time limitation is carried out across devices, i.e. all times of Internet use of a device user on the protected end devices assigned to him are added up and considered cumulatively.
(7) Access to protected end devices: The software and the app each access configuration settings of the end devices to implement the above functionalities.
This is in the Android operating system:
– External storage
– VPN connection
– Device administration rights
– Input help
In the iOS operating system:
– VPN connection
– Installation of an MDM – Profile
(8) The Kidgonet backup may only be set up by the legal representative(s) of the device user for him.
4. No complete protection
(1) We would like to point out that Kidgonet protection cannot completely prevent device users from accessing content that is unsuitable for children via the Internet. For example, although the filters are constantly being developed, they do not detect all content that is unsuitable for children. Also, websites with our content filter are only filtered for words, but not for images. Furthermore, the service does not prevent access to content transmitted to the device user within e-mails or social networks, for example (unless they are links in each case).
(1) To purchase Kidgonet backup, the customer must register free of charge and open a customer account. When registering, the customer provides his first and last name, e-mail address and place of residence. In addition, the customer specifies a user name and password. Communication between Kidgonet and the customer takes place via the specified e-mail address. After completing the registration process, the customer will receive an activation link via email. The customer must click on this link to successfully open the customer account and confirm their details (double opt-in). A registration that a user does not confirm within one week by clicking on the activation link can be deleted by Kidgonet.
(2) The data requested by Kidgonet during registration must be provided completely and correctly. Customers must keep their access data secret. If the data changes subsequently, customers are obligated to correct the information immediately.
6. Prices, sales tax and payment
(1) All prices include the statutory value-added tax applicable in the customer’s respective country.
(2) The provision of Kidgonet backup is generally made after advance payment by the customer. Unless otherwise agreed individually, payment of the purchase price will be made immediately after order confirmation by SEPA direct debit, credit card or via PayPal. The credit card or bank account will be charged within 24 hours after the order. On the credit card statement or the bank statement appears the text: “Kidgonet, Holzkirchen”.
(3) Payment is due no later than 1 week after conclusion of the contract.
(4) If a customer is in default of payment, Kidgonet may claim damages according to legal regulations and may stop providing Kidgonet childproofing until the purchase price has been paid in full.
(5) Kidgonet will always issue an invoice to the customer, which will be sent to the customer in electronic form.
7. Provide Kidgonet Childproofing
(1) Kidgonet backup will be provided to the customer after receipt of payment. On the one hand, the customer will be sent a link for this purpose by email, under which the customer can view and manage the customer area set up for him, and on the other hand, the Kidgonet App will be available to the customer for download at any time. Kidgonet points out that for each retrieval of the digital service, a connection to the Internet must be established.
(2) With the purchase of the Kidgonet license, the customer acquires the right to use it for a period of his contract term, 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 network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, software or stored data so require. In case of failure of services due to a disturbance outside Kidgonet’s responsibility, the reduction is excluded. The same applies to the failure of services due to necessary service interruptions (maintenance work).
(4) We will use our child and youth protection solution within the framework of technical possibilities in the current version. Changes to the version, will be made exclusively in consideration of our interests for the customer, if these are reasonable. We will inform the customer of a change in the service at least two weeks before the change takes place. The customer shall have no claim to the use of a newer or older version of the service.
8. Liability for Defects in Quality and Title
(1) Kidgonet is liable for material defects and defects of title according to the statutory provisions. Defects must be notified to Kidgonet by the customer within a warranty period of two years. In all other respects, the seller shall be liable for material defects and defects of title in accordance with the statutory provisions.
9. Liability Committee
(1) Kidgonet is liable without limitation in case of intent or gross negligence as well as in case of absence of a guaranteed characteristic for all damages attributable thereto.
(2) In case of slight negligence, Kidgonet is liable without limitation, provided that a case of injury to life, body or health exists.
(3) If Kidgonet is in default with its performance due to slight negligence, if the performance has become impossible or if Kidgonet has violated an essential duty, the liability for material and financial damages resulting therefrom, is limited to the typical and foreseeable damage. An essential obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose compliance the customer may regularly rely.
(4) The foregoing exclusions and limitations of liability do not apply if Kidgonet has given a guarantee for the quality of the goods or services, nor for damages which are to be compensated according to the product liability law, nor for damages to life, body or health.
(5) The foregoing exclusions and limitations of liability shall also apply in favor of our employees, vicarious agents and other third parties whose services we use for the performance of the contract.
(1) Kidgonet reserves the industrial property rights and copyrights to all digital content, logos, images and other documents. Copyright notices, digital signatures, trademarks and other legal reservations contained in the digital service may not be edited or removed. Digital content may not be further processed, changed in terms of content or editing, sold, passed on, published, made available as a download, edited or transferred in any other way by the customer.
(2) The customer does not acquire ownership of the Kidgonet backup. 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 forbidden to publicly reproduce, post the Kidgonet backup on the internet or a company network, lend, resell or use it in any other way for commercial purposes. Passing on the access data to the customer area or the link with the Kidgonet backup provided to third parties is also prohibited.
12. severability clause
(1) If any provision of these terms and conditions is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply to any loopholes.