We welcome you on https://findmykids.org, official company’s communities in social media, mobile app “Find My Kids” and “Chat with parents” created by LLC “Refresh” (hereinafter - “Company”, “We” or “Us”). This agreement discloses the terms in accordance with which the client may use our on-line services, website and software (in aggregate - “Service). Upon receiving an access to the services or by using it the client hereby agrees on the fact that he/she is fully aware, acknowledge and accept all terms of the present Terms of Services Use agreement (hereinafter – “Agreement”). The present agreement is applied for all potential visitors, clients and other users who use the services (hereinafter – “Users”).
Terms of service use is a document that constitutes a public offer i.e an offer to conclude a license agreement providing a right to access and use of the service.
In case you disagree to these terms please do not click “Continue” button and avoid further use of our services. Following the good faith principals and pursue one’s own interests by clicking “Continue” button (public offer acceptance) you automatically accept and agree with all terms of this agreement and its supplements (acceptance means full understanding and unquestioning) and conclude this license agreement with the service management in accordance with the terms specified in the present offer.
Any kind of disputes based on the unawareness claims as to existence of the terms right after acceptance of the present agreement cannot be accepted or reviewed anyhow.
In the event that You accept this public offer, there is a license agreement between You and the Licensor under conditions of this public offer. If You purchase other services, there is a mixed contract, containing the elements of a license agreement and a service agreement.
Service is offered and belong rightfully to the following company:
The registration number: 1175958023284
614066, Russian Federation, Perm city, Perm krai, Stakhanovskaya street 54, building P, “Technopark Perm”
CEO – Giniatulin Vadih Rafilovich
Contact number: +79822306441
Our service is created in order to rest parents assured for their children.
The client may use the service in accordance with the terms and conditions of this agreement and all applied locals, governing, domestic and internationals laws, rights and supplements. The users under the age of 18 are not allowed to create a profile in frames of “Find My Kids” service.
“Chat With Parents” service might be used by any individual specifically referring to the own children or the one who is statutory representatives for children under wardship and who are under the age of 18. The user under the age of 18 are allowed to use “Chat With Parents” with the parents’ consent or his/her official statutory representatives to use the service and give an agreement upon the confidential data use regarding the minor in order to get connected to the profile. The parent acceptance form can be obtained by the following link: https://findmykids.org/offer/parent_agreements_en.pdf
Child is a person who is under the age of 18 at the moment of installing and usage of “Chat With Parents” app.
Parent is the person who is over the age of 18 and is using “Find My Kids” app in order to be in touch with a child who is connected to the parent’s profile.
The service is meant to be used by the citizens of Russian Federation, United States of America, Europe Union countries. Please note that some service features might not be available for use outside the GPS area and wireless data transmission for the phone/device the app is installed on.
The client is not allowed to: (i) copy, publish or disclose any part of the Service in any media including but not limited to automated or non-automated “duplication”; (ii) use any kind of automated system including apart from everything else “robots” and any of its kind in order to access the Service in a manner allowing to send the multiple requests to the Company’s servers rather than an individual can send within the same timeframe using an ordinary web browser; (iii) send spam, letters thread or any other unsuitable content; (iv) disrupt attempts, discredit the system integrity or its security or decipher the data transmitted to the server or from the servers on which the service is on at; (v) take any actions which can be considered by the Company as ones leading or might be leading to disproportionate or meaningless heavy infrastructure load; (vi) upload an invalid data, viruses, worms or any other software bots by means of the Service; (vii) collect any personal data including the profile names stored in Service; (viii) perform non-commercial use of the Service; (ix) take on a different persona or in any other way falsify the belonging to a particular individual or a legal entity, commit a fraud, hide or try to conceal your true identity; (x) affect the proper Service work; (xi) access to any content in frames of the Service using any technology or any other methods beside ones allowed or offered by the Service; or bypassing the measures which can be taken in order to prevent or limit the access to the Service, including but not limited to the features preventing or limiting the usage or copying of any content or set the limits on the Service or its content use.
In accordance with the terms of the present Agreement the Client is offered with an unexceptional, easy-in-use, non-transferable, an easy-revoking license allowing the Service use with the purpose of personal, non-commercial use and in accordance to the possibilities of the Service. The Company reserves the right to terminate such a license at any time and at its sole discretion.
The profiles created during the Service use allow you to access to the services and features which can be expanded and maintained at the Company’s sole discretion. Upon the profile creation you must provide the actual and detailed information. The Client bears full responsibility for all actions taken in frames of profile as well as keep all the personal data confidential. The Client shall promptly give notice to the Company of any security violation or any unauthorized use of the Client profile. The Company is not liable for any potential losses caused by any unauthorized use of the Client personal profile.
The Client has the right to manage his/her personal profile and the way how one interacts with the Service by changing the available settings.
Within frames of the Service the Company offers the mobile software and/or apps developed for the mobile devices use (hereinafter – “Mobile software”). In order to use a mobile software, the Client must have a mobile device compatible with Mobile software. The Company does not guarantee that Mobile software is fully compatible with the device the Clients has. Hereby the Company grants the Client an unexceptional, non-transferrable, revocable license allowing to use a compiled coded copy of Mobile software per one registered profile that belongs or loaned exclusively by the Client for the personal use only.
The Client is not allowed to: (i) modify, decompile or reconstruct the Mobile software; (ii) sublicense and spread or otherwise provide any other third party with an access to Mobile software or use Mobile software in order to provide sharing use for any third party as well; (iii) make any copy of Mobile software; (iv) remove, avoid, switch off, harm or by any other means influence on Mobile software functional or (v) remove the copyrights notification and any other property rights for Mobile software. The Client agrees to the fact the Company from time to time might release updated versions of Mobile software and may automatically update the web version of Mobile software which are installed on the mobile device. The Clients agrees to the possibility of autoupdates performance on the mobile device as well as to the fact that the terms of present Agreement are to be applied for all kinds of such updates. Any other software that is developed by a third party and might be integrated to Mobile software is distributed on the open license basis or by means of an external client agreement unless otherwise is specified in the terms of Mobile software use. The Company reserves the rights not specified in the present Agreement.
Upon the providing of e-mail address and cellphone number to the Company, the Client agrees to the fact that the Company uses e-mail address or phone number in order to send notifications regarding the services including any kind of other notifications, claims required by the laws instead of sending paper letters via post. The Company also reserves the right to use the registered e-mail address to send other notifications regarding the Service functional changes and special offers. In case the Client does not want to receive advertisement messages via e-mail the Client is able to disable the mailing option. Please note that the disabling of mailing option might cause the lack of information such as the notification regarding updates, modifications or offers.
Apart from the User generated content, the Service, all materials and information specified in it or the data which is generated, collected or transferred by means of the Service or Mobile software use, pictures, text, design, illustrations, logos, patents, trademarks, service marks, copyrights, photos, audio files, videos, music and user content which belong to other users and the rights related to intellectual property are the exclusive ownership of the Company and its licensors (including other Users who allocate the User content for the Service). Except in cases of explicit in the present agreement nothing in the present Agreement must be considered as the license creation, therefore the Client agrees not to sell, reproduce, share, demonstrate or execute publicly, publish, adopt, modify or perform dereliction work of any kind of Content. The Company’s Content use for any purposes which not allowed by the present Agreement are strictly prohibited.
The Service includes two interrelated programs “Find My Kids” which is installed on parents mobile device and “Chat With Parents” which is installed on the child mobile device. To activate the access to the Service for “Chat With Parents” app it is required to enter the access code that is sent to the parent who uses the Service “Find My Kids”.
“Find My Kids” determines the child mobile device location by means of a mobile phone triangulation (each 15 minutes) using built into phone GPS unit, internet-communication system (WiFi) and mobile internet. The Service tracks to the parents (who have an installed “Find My Kids” app) the transferring and provides an access to the child mobile device location which uses “Chat With Parents” app, therefore the child must be added to the parents profile. The parent might add an unlimited number of children to his/her profile. Besides, “Find My Kids” app includes the following list of features:
- retransmits sounds near the child mobile device
- determines the device settings which may harm the normal app work and helps to fix it
- displays the child tracking history
- sends notifications to the parent mobile phone on which “Find My Kids” app is installed in case a child leaves the marked area
- monitors the child mobile charge level
- allows to send a loud sound signal to the child device on which “Chat With Parents” app is installed
- allows to send the motivated hearts (emoji) to the child phone
- possibility to start a chat for all users of “Find My Kids” and “Chat With Parents” connected to one profile
- tracks the usage statistics on the child mobile phone on which “Chat With Parents” app is installed
- sends information in the following format “app name of installed on the child phone – usage in percent for a particular period
There are the features which are aimed on collecting and exchanging of information regarding the location, you and other persons who use the Service. Those features require the installation of the relevant software for which the location data is provided, and features might not be working properly in case the relevant settings allowing to collect and share the data and location data are switched off. Besides this, the features might not be working properly for various reasons. For example, in case the mobile device on which the Mobile software installed is switched off or is not connected to the wireless network, if the location finding feature is disabled, if the Service is not used or is blocked on the device and etc.
By using the Service, the Client agrees to an access to the following data:
- access to the device usage statistics with the purpose of the child device sound mode and charge level determination, information regarding the percent usage of other apps installed on the child phone exceptionally in the app installed on the confirmed parent profile
- access to the location use with the purpose of displaying this information exceptionally for the app installed on the confirmed parent profile
- access to the microphone with the purpose of providing these recordings exceptionally for the app installed on the confirmed parent profile
- access to SMS excluding the fact of transferring the SMS content with the purpose of providing exceptionally for the app installed on the confirmed parent profile
- access to the files storage with the purpose of setting an avatar
- access to the child GPS-watch (Access to the camera via GPS-watch if such feature is supported by the watches). Might be used instead of “Chat With Parents” app (children GPS-watch is not a device provided by the Company, therefore, the Company is not responsible for supporting of all kind of GPS-watches)
In case the Client refuses to give an access to the aforementioned data the Service cannot be fully provide you with the services, thus, the access to the Service will be limited.
The Company offer the free trial of the Service in order to appraisal the App by the Client. In case the Client decides to the use priced features of the Service (hereinafter – “Subscription features”), the Client agrees to the price determination and payment terms.
All paid subscription and fees for accessing the subscription features are prepaid (on a prepaid basis). The Company is not responsible for any kind of additional expenses or expenses the Client might have to cover as a result by issuing the payment order by the Company in accordance with the present Agreement (for example, commissions, taxes and fees and etc.). The order and subscription fees are determined in accordance with Internet resource terms from which the Client downloads “Chat With Parents” and/or “Find My Kids” mobile apps.
Upon the registration the number of subscription features might be provided to the Client in trial mode which starts since the moment of first profile login and is available during the period of validity in accordance with the chosen tariff by the Client. The Client is able to delete his/her profile at any time. It is possible to change the profile type by the Client at any time (before or after the trial period). The Client is limited with one trial period per one profile. In case the Client does not cancel/delete the profile during the trial period, the subscription fee is to be charged in accordance with the tariff terms chosen by the Client during the registration. In order to cancel the function of Subscription feature at any moment please send a request to firstname.lastname@example.org
The Company does not make any refund for any unused time during the subscription use, any license or subscription fee for any part of the Service, any content or data related to your profile, or any other returns if you refuse to use the Service, close your account or otherwise. Upon the cancellation of any subscription features, your subscription is valid until the end of your prepaid period.
All provide information in relation to a purchase or transaction, or any other interaction by means of the cash transactions with the Service, must be accurate, complete and current.
In order to cancel your subscription features please send a request to email@example.com or contact Technical Support via Chat in “Find My Kids” app. If you send an e-mail, specify your name, the registered e-mail address and the phone number using which we can contact you back. Your account is to be closed within 5 business days after receiving the confirmation of your request.
The Service may contain the links to the third-party websites, advertisers, services, special offers or any other events or actions which are not owned or controlled by the Company. The company is not responsible for any such third-party sites, information, materials, products or services contained at such websites. In case you access the website of a third party from the Service, you do it at your own risk and understand that this Agreement is not applied in case of visiting of such websites. The Client acquits the Company from any liability arising from the use of any third-party website, service or its content. In addition to this, all relationships or promotion advertisers found on the Service, including the payment and goods delivery as well as any other terms (e.g guarantees) are solely between you and such advertisers. The Clients agrees to the fact that the Company is not responsible for any kind of loss or damage related to your cooperation with such advertisers
You agree on indemnifying the Company for losses caused by the violating the terms of this Agreement, including but not limited to, the violating of any statements and warranties specified here; the violation of any third-party rights, including but not limited to the right on privacy or intellectual property rights, the violation of any applicable law or regulation; access to any other party and use of the Service using the unique username, password or other appropriate security code.
Unless otherwise specified, all materials specified in the Service are for the individuals use only
The service is provided by the Company "as it is". The Company does not guarantee the compliance of the Service with the aims and expectations of the Users, its uninterrupted and error-free working process, the geographical coordinates determining accuracy. The Company is not responsible and does not compensate any damage, direct or indirect, caused to the User of the Service or to third parties because of the use or inability to use the Service.
The User bears full responsibility before the third parties for all actions when using the Service, including the fact that they comply with the requirements of the law and do not violate the rights and legitimate interests of third parties. The User independently and at his/her own expense undertakes to settle all claims of third parties related to the actions of the User when using the Service.
The Company is not responsible for the gadgets loss (mobile devices and GPS-watch) and do not share the information to third parties about the gadgets location.
This Agreement is governed by the internal substantive and procedural law of the Russian Federation without observing the principles of conflict of laws.
All disputes are resolved by sending the claims to the Company, in case it is impossible to settle the disputes within 60 calendar days from the date of receiving of such claim, the Company and / or the User reserves the right to take legal action in court in accordance with the Company registration location.
This Agreement and any rights and licenses granted upon this Agreement may not be transferred by you to any third parties. Any attempt to transfer or assign the rights of violation of this document is invalid.
This Agreement, together with any changes and any additional agreements that you may into with the Company regarding the Service use, constitutes the entire agreement between you and the Company in relation to the Service. If any provision of this Agreement is considered invalid by a court of competent jurisdiction, the invalidity of such provision does not affect the validity of the remaining provisions of this Agreement, which remain in full force and effect.
Contact us at firstname.lastname@example.org with any questions regarding this Agreement.
The latest Agreement Terms of Service use is modified on October 10, 2018