Terms of Service

Kidospace Ltd. ("Kido Games", "us", "our", or "we"), a company incorporated in the State of Israel with Company No. 516530359, allows its users to play mobile games through its mobile application ("App"). These Terms of Service ("Terms") govern access and use of the App by you or any Child (as defined below) that you permit to use the App. Our Privacy Notice, available at https://www.kidoverse.net/privacy-notice ("Privacy Notice") governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice). "You" means any adult user of the App, or any parent or guardian of any Child whom you allow to use the App, and for whom you will be held strictly responsible.

Please read these Terms carefully. By clicking on the button marked "I agree" you assent to these Terms on your own behalf and on behalf of any Child you permit to use the App. We may change these Terms from time to time and by continuing to use the App following any changes, you agree to the amended Terms. If you do not agree to these Terms, you are not permitted to use or access our App.

Notice to Parents:

The games available through the App are directed at Children, who may be subject to special legal protections. Ensuring the safety of Children using the App, in particular when it comes to the Personal Data we collect, is of paramount important to us. Please see our Privacy Notice for more information about the Personal Data we collect about Children in the course of providing our App.
The term "Child" refers to a minor who is subject to special protections under applicable privacy and data protection laws. In the US, a user will be considered a Child if such user is under the age of 13. In the European Union, users under the age of 16 will generally be considered Children, unless the specific country of residence specifies another age.
By permitting a Child to use our App, you represent that you are such Child's legal guardian and that you consent to our use of Personal Data as described in the Privacy Notice. You agree that you will be responsible for the Child's use of the App, including monitoring and supervising the Child and ensuring compliance with these Terms.

1. Use of App

1.1. Subject to these Terms, Kido Games allows you to access and use the App on a non-exclusive basis. Kido Games may, at its sole discretion and at any time, modify or discontinue providing the App, any games thereon, or any part thereof without notice and shall not be liable to you or any third party for any modification or discontinuance of the App.

1.2. Use of and access to the App is void where prohibited by law. You represent and warrant that (a) if relevant, all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least eighteen (18) years old and have the ability to form a binding contract; (d) your use of the App does not violate any applicable law, regulation, or obligation you may have to a third party; (e) you shall comply with applicable laws, regulations, and these Terms throughout your use of the App; and (f) to the extent you provide access to any Game/s to a Child, you have all right and consent required under applicable law to provide such access. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. The right to access the App is revoked where these Terms or use of the App is prohibited.

2. Account Registration

2.1. Kido Games offers basic access to its App for free and without requiring users to register an account. However, you may open an account and subscribe to a paid subscription plan in order to access or use additional games, features, and services. The details of features offered, and the pricing therefor, are listed on the App landing page in the application stores.

2.2. To complete the account registration process, you must provide all registration information that we request. We may indicate that the provision of some information is optional, but your agreement to provide such information may assist us in providing you with an improved experience on the App.

2.3. If you are under eighteen (18) years old, you must have your parent or legal guardian's permission to register an account. Please have your parent or legal guardian read these Terms with you and consent to them before proceeding.

2.4. Subject to applicable law, Kido Games may refuse to open an account for any individual at its sole discretion. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for the security of your mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, Kido Games will not be liable for any losses or damage arising from unauthorized use of your account. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the App.

3. Termination of Account

3.1. Kido Games may suspend or terminate your account at any time by providing three (3) days' prior notice. In addition, Kido Games may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate upon occurrence of any of the following events: (i) violation of the letter or spirit of these Terms, (ii) behavior that is fraudulent, harassing, abusive, illegal or harmful to other users, third parties, or the business interests of Kido Games; or (iii) failure to make payment in accordance with the terms specified herein, including chargebacks. If your account is terminated, you may not rejoin Kido Games without permission. Kido Games may modify or discontinue the App for all users at any time, provided, however, that such changes will not apply to outstanding subscriptions. Upon termination of your account, you shall not have any further access to any content or materials that may be available through your account.

3.2. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the App. We will cooperate with any law enforcement authorities or court order directing or requesting that we disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the App.

3.3. You may request termination of your account at any time by sending an email to legal@kidogames.net. Following such request, we shall close your account as soon as reasonably practicable. Suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.

4. Fees.

4.1. You may use certain services within the App free of charge or can subscribe for a
premium account in order to receive additional features and services. The details of
premium services, including the features offered and the pricing are listed within the
App. If you wish to change the plan for which you are registered, such change will be
effective as of the subsequent subscription period (e.g. week, month).

4.2. You may be offered the opportunity to use the premium services for free on a trial
basis. This free trial opportunity may only be used once. In case of re-subscription,
you will not be offered another free trial.

4.3. If you have subscribed for paid services, you agree to pay Kido Games the fees as
specified in accordance with the plan for which you have registered through the
payment methods available on the App. You hereby authorize the collection of such
amounts through the payment methods selected. If you are directed to a third-party
payment processor, you may be subject to terms and conditions governing use of
that third party's service and that third party's Personal Data collection practices.
Please review such terms and conditions and privacy policy before using such
payment services. We do not accept responsibility for any payments processed or
submitted through third-party services.

4.4. Where applicable, taxes may also be charged. Except as expressly provided in these
Terms, fees are non-refundable.

5. Content.

5.1. Certain types of content may be made available through the App. "Content" as used in these Terms means, collectively, all content on or made available through the App, including any images, photos, pictures, videos, or articles, and any modifications or derivatives of the foregoing.

5.2. KIDO GAMES DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE CONTENT. KIDO GAMES DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO KIDO GAMES GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE APP OR OTHERWISE.

6. Use Restrictions. You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the App without our prior written authorization, including framing or mirroring any part of the App; (2) circumvent, disable, or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content available through the App; (3) use the App or content thereon in connection with any personal or commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the App; (5) use or access another user's account without permission; (6) use the App or content thereon in any manner not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the App and/or any related materials in violation of such laws.

7. Intellectual Property. Kido Games or its licensors, as the case may be, have all right, title, and interest in the App, and any content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the App for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the App. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of Kido Games or any third party. If you provide Kido Games with any feedback regarding the App, Kido Games may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

8. Disclaimers and Disclaimer of Warranty

8.1. All information and content posted on the App is for informational purposes only and Kido Games provides no guarantees with respect thereto. Your use of the App is at your sole discretion and risk. The App and content thereon are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that App will be of good quality or useful for your needs.

8.2. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APP OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE APP; (II) THAT THE APP WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED.

8.3. No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

9. Limitation of Liability

9.1. Without derogating from any of the above, we assume no responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials or App. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems or equipment, servers, software, failure due to technical problems or traffic congestion on the Internet or on the App. We shall not be responsible for any loss or damage, including personal injury or death, resulting from the conduct of any users of the App. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to Kido Games, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

9.2. IN NO EVENT SHALL KIDO GAMES, OFFICERS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER KIDO GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT OF $50.

10. Indemnification. You agree to indemnify, defend, and hold harmless Kido Games, employees, directors, officers, subcontractors and agents from and against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs, attorneys’ fees, and any administrative and/or criminal fines) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your account and/or computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) App; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law. You may not settle or compromise such suit without our prior written consent. We may be represented in any such suit by counsel of our own choosing at our own expense.

11. Application Marketplace. The App may be subject to additional third-party terms relating to
the marketplace or store from which the App was downloaded. The third parties providing
such marketplaces may be beneficiaries of these Terms, pursuant to the marketplace's
Terms. The following terms apply if you downloaded the App from Apple's App Store.

11.1 Apple Inc. ("Apple") is not a party to these Terms and is not responsible for the App.

11.2 Your license to use the App is not transferable and is limited to use on iOS Products
that you own or control, and as permitted by the Usage Rules in the App Media
Services Terms and Conditions, except as permitted via Family Sharing, volume
purchasing, or Legacy Contacts.

11.3 In the event of a failure to conform to any applicable warranty (if any warranty is
applicable), you may notify Apple, and Apple will refund the purchase price for the
App to you (if you paid any). Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the App and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty, will not be at Apple's responsibility.

11.4 Apple is not responsible for addressing any claims by you or any third party relating
to the App or your possession and/or use of the App, including (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.

11.5 Apple will not be responsible for the investigation, defense, settlement, or discharge
of a claim that your use of the App infringes a third party's rights.

11.6 Apple and its subsidiaries are third party beneficiaries of these Terms and Apple will
have the right to enforce these Terms against you as a third-party beneficiary. 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.

12. Notices. Any required notices pursuant to these Terms may be sent by registered mail or email transmission (with electronic confirmation of delivery) to the addresses of the parties hereto set out herein or provided upon registration, as applicable, and any such notice shall be deemed to have been received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail and one (1) business day after email transmission and written confirmation receipt of such transmission.

13. Miscellaneous. These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and Kido Games or enables you to act on behalf of Kido Games. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Last updated: November 2022