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Conditions générales d’utilisation

SOFTWARE LICENSE AGREEMENT 

Kids Protect is a mobile application or software developed by the Kids Protect start-up (hereafter “COMPANY”, “WE” or “US”). 

Software license agreement is a legal contract between COMPANY, who grants a license to use the Product and the USER who use Product. 

Thank you for choosing our App (hereinafter SOFTWARE). 

Please read this software license agreement (hereinafter « LICENCE ») carefully before using company software. By using it, you are agreeing to be bound by the terms of this license. If you don’t agree this terms, don’t install nor use this software. 

1. General 

This License contains important information about relationship between you as user (hereinafter USER) and COMPANY, the use of the SOFTWARE, and the limitation of liability. 

COMPANY has a vision not only to do business, but to also contribute to progress and at our modest level try to improve the future of our world. A model without advertising, without intrusion into the user’s private life, without selling public data or Third Party data without the express consent of the person concerned. 

The SOFTWARE was designed for parents and allows them to control the use of their children’s screens while preserving their visual and mental health.

The SOFTWARE was designed to work across multiple devices. 

Using our PRODUCT is conditioned on fully acceptance by the USER and compliance with this LICENCE. 

LICENCE is a legal contract between the COMPANY who sells the SOFTWARE and the USER who uses SOFTWARE. 

LICENCE governs use of SOFTWARE and is intended to apply to all media, regardless of any platform Kids Protect operates on, if any: 

Mobile apps on iOS and Android devices. 

To use SOFTWARE, USER needs compatible hardware, software and Internet access. The SOFTWARE‘s performance may be affected by these factors. 

The SOFTWARE, and any third party software or data accompanying this LICENSE are licensed, not sold, for use only under the terms of this LICENSE. 

2. Change 

2.1 Change to the LICENSE 

COMPANY at its discretion, may revise LICENSE from time to time, in particular subject to the change of law or regulative policy, or development, and will post the most current version on APP website. If a revision meaningfully reduces USER’s rights, COMPANY will notify to USER. 

If such revision results in a reduction of User’s rights under this AGREEMENT, COMPANY will notify USER by email. The simple fact that the USER continues to use the product is worth full acceptance of such update. 

2.2 Upgrades / Updates to the SOFTWARE 

The SOFTWARE may be updated from time to time.
USER may at his own discretion decide whether to accept the updates or not. 

Likewise COMPANY, at its sole discretion, may make available future upgrades or updates to SOFTWARE. The terms of this LICENSE will govern any software upgrades or updates, unless such upgrade or update is accompanied by a separate license in which case USER agrees that the terms of that license will govern such upgrade or update. 

COMPANY do not guarantee providing latest updated PRODUCT if USER don’t accept the updates, and USER shall be solely responsible for any loss that may be incurred. 

3. Right 

3.1 Right grant to USER 

COMPANY grants to USER a personal, worldwide, revocable, non-transferable, non-exclusive license and for non-commercial purposes to use the SOFTWARE on any compatible device that USER owns or controls. 

This license does not authorize USER to distribute or make the SOFTWARE available over a network where it could be used by multiple devices at the same time. Likewise you are not authorized to rent, lease, lend, sell, redistribute or sublicense the SOFTWARE. 

USER is required to use SOFTWARE faithfully and to provide the data needed for the process in a proper way as he would do with the traditional methods. 

USER acknowledges that SOFTWARE is supported only on the mentioned devices and to respect the system requirements. 

USER may not, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, all or any part thereof (with the exception of, where applicable, may be permitted by the licensing terms governing use of open-sourced components included in the Software). 

USER agrees to use the SOFTWARE in compliance with all the laws that are applicable to him. 

This LICENSE will be binding upon USER. If USER does not agree with this LICENSE, USER must stop using SOFTWARE immediately. 

SOFTWARE presumes following permissions during process: 

Access to device’s camera and sensor in order to calculate the distance between the device’s screen and the user’s eyes and face. 

Access to device’s location in order to suggest the nearest ophthalmologists, and to predict the currency for the payment. 

Under the terms of this LICENSE, USER authorizes the use of these functionalities, which are essential for the proper functioning of the SOFTWARE. 

4. Consent to use of data 

4.1. Usage Data 

USER agrees that COMPANY may collect, maintain, process and use the information necessary for the proper functioning of the SOFTWARE as mentioned in the Privacy Agreement. 

4.2. Privacy Agreement 

User’s personal and non-personal data will be treated in accordance with PRIVACY AGREEMENT, which is incorporated by reference into this LICENSE and can be viewed on COMPANY’s website and by clicking on the following link: https://kidsprotectapp.com/privacy-policy/

5. Warranty and Disclaimer 

5.1 Disclaimer of Warranties 

Even if COMPANY makes its best efforts to deliver the best possible product in terms of efficiency and security, COMPANY is not able to warranty at all times the effective functioning of the product. 

In particular, COMPANY may not be responsible for any direct or indirect data loss, damages and event due to force majeure, unstable system, device malfunction, defective services provided by third parties, viruses, Trojans, hackers’ attack, and USER uses PRODUCT at his own risk. 

COMPANY will never be liable if there is any loss incurred during the period when SOFTWARE is not available. 

COMPANY is not responsible for any third party websites that COMPANY links to. USER is responsible for reading and agreeing (or disagreeing) with the Terms and Conditions or Privacy Policies of these third parties. 

Consequently you expressly acknowledge and agree that, to the extent permitted by applicable law, use of the software and any services performed by or accessed through the software is at your sole risk and that the entire risk as to satisfactory quality and accuracy. 

5.2 Warranty 

The software is provided without warranty of any kind, and in particular disclaim all warranties regarding accuracy, quiet enjoyment, and non-infringement of third party rights. 

If you are a customer who is a consumer – understood as someone who uses the SOFTWARE outside of his profession-, you may have legal rights in your country which would prohibit the limitations and restrictions of this license. 

5.3 Limitation of Liability 

To the extent not prohibited by applicable law, in no event shall company be liable for damages whatsoever, including, without limitation, damages for loss of profits or any other commercial damages or losses. 

6. Payment 

COMPANY gives USER a 3-day trial version and then a monthly or yearly subscription. 

7. Registration and Account Security 

USER must create an account and sign in with this account to use PRODUCT. 

COMPANY works for keeping USER’s information safe by using encryption and tokens as factor of authentication. 

USER is fully responsible for any and all the activities under his account, safekeeping password, changing password regularly and so on. 

8. Intellectual Property 

All contents, logo and other visual media created is COMPANY’s property and is protected by copyright laws. 

Intellectual property rights in and to any content belongs to the content’s owner. Such content may be protected by copyright or other intellectual property laws or treaties, and may be subject to terms of use of the third party providing such content. This LICENSE does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you. 

9. Discontinuation — Suspension — Termination 

9.1 Discontinuation 

COMPANY may decide to discontinue the Services in response to: 

Unforeseen circumstances beyond its control; 

Complying with a legal requirement. 

If COMPANY does so, WE’ll give to USER reasonable prior notice so that USER can export and save all data. 

9.2 Suspension -Termination 

This LICENSE is effective until terminated.
USER is free to stop using SOFTWARE at any time. 

USER’s rights under this LICENSE will terminate automatically or otherwise cease to be effective without notice from COMPANY if USER fails to comply with any term of this License. 

All users’ accounts on website or mobile app can be terminated; COMPANY reserving the right to suspend or terminate USER’s access to the PRODUCT at sole discretion. 

The right to suspend or terminate will be performed In particular, in the following cases if USER: Abuses or is in breach of this AGREEMENT;
Causes damages to COMPANY or other USERS;
Compromises ability of COMPANY to provide the PRODUCT to other USERS; 

Upon the termination of this LICENSE, USER shall cease all use of the SOFTWARE. 

10. Applicable law and courts 

This AGREEMENT shall be governed by and construed in accordance with French law. Any dispute or litigation relating to the existence, validity, interpretation or performance of the Agreement and, more generally, any dispute between COMPANY and USER concerning this AGREEMENT shall fall under the sole jurisdiction of the Paris Commercial Court. 

11. Complete Agreement 

This License constitutes the entire agreement between USER and COMPANY relating to the use of the SOFTWARE and supersedes all prior or contemporaneous understandings regarding such subject matter. 

12. Governing Language 

Any translation of this LICENSE is provided for local requirements and facilitate the USER’s understanding. 

In the event of a dispute between the French and any non-French versions, the French version will prevail over any other version, to the extent not prohibited by local law of USER. 

13. Acknowledgement of Third Party rights 

Portions of the SOFTWARE may utilize or include THIRD PARTY software, in open source or in other copyrighted material. The USER acknowledges the existence of the rights of these THIRD PARTY and by using the SOFTWARE the USER undertakes to respect them. 

14. Waiver — Severability — Assignment 

COMPANY’s failure to enforce a provision is not a waiver of its right to do so later. 

If a provision is found unenforceable, the remaining provisions of the LICENSE will remain in full effect and an enforceable term will be substituted reflecting LICENSE intent as closely as possible. 

USER can never assign any of his rights under this LICENSE, and any such attempt will be void. COMPANY may assign its rights to any entity. 

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Kids Protect est une application mobile destinée aux parents qui leur permet de préserver la vision de leurs enfants et de contrôler leur utilisation des écrans.

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Copyright 2023, All Rights Reserved
Logo

Kids Protect est une application mobile destinée aux parents qui leur permet de préserver la vision de leurs enfants et de contrôler leur utilisation des écrans.

Contact

Copyright 2023, All Rights Reserved
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