Terms of Use

These Terms of Use (“Terms”) form a legally binding agreement between you and KidSpark (“KidSpark”, “we”, “our”, “us”) governing your use of the KidSpark web application (the “Service”).

By creating an account or using the Service, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

You must be at least 18 years old to create an account. By registering, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding contract
• You are the parent or legal guardian of any children whose data you add to your account
• You have the authority to consent to the collection and processing of data about those children
• You will use the Service only for lawful purposes

KidSpark is intended for personal, family use. Commercial use of the Service requires prior written agreement from KidSpark.

You may register using your email address and a password, or via Google sign-in. You are responsible for:

• Keeping your password confidential
• All activity that occurs under your account
• Notifying us immediately if you suspect unauthorised access to your account

You may not share your account with others or allow multiple people to access the Service using a single account. Each account is for one household only.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.

As a parent or guardian using KidSpark, you are solely responsible for:

• Ensuring you have the legal authority to add children to your account and store their personal data
• Deciding which subjects and games your children access
• Configuring appropriate daily time limits for your children
• Keeping your account credentials secure to prevent unauthorised access to your children's data
• Supervising your children's use of the Service as appropriate for their age

By adding a child to KidSpark, you confirm that you consent to KidSpark storing and processing that child's data as described in our Privacy Policy.

You agree not to use the Service to:

• Violate any applicable law or regulation
• Upload or generate content that is illegal, harmful, threatening, abusive, or defamatory
• Infringe any intellectual property, privacy, or other rights of any person
• Upload malware, viruses, or malicious code
• Attempt to gain unauthorised access to any part of the Service or other users' accounts
• Reverse engineer, decompile, or otherwise attempt to extract the source code of the Service
• Use automated tools (bots, scrapers) to access the Service without our written consent
• Resell, sublicence, or otherwise commercialise the Service or your access to it

We reserve the right to investigate suspected violations and to suspend or terminate accounts where violations are found.

Ownership: You retain all rights to any content you upload or create within KidSpark (e.g., child avatars, profile information). We do not claim ownership of your content.

Licence to KidSpark: By uploading content, you grant KidSpark a limited, non-exclusive, worldwide, royalty-free licence to store and process your content solely for the purpose of providing the Service to you. This licence ends when you delete the content or your account.

Your responsibility: You represent that you have all necessary rights to any content you upload, and that doing so does not infringe any third-party rights.

KidSpark integrates with third-party services (Google Firebase and others). Your use of these services within KidSpark is also governed by their respective terms of service and privacy policies. KidSpark is not responsible for the practices of these third parties.

We aim to provide the Service 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to:

• Planned maintenance (we will give reasonable advance notice where possible)
• Emergency maintenance or security patching
• Events outside our reasonable control (force majeure), including outages of our underlying infrastructure providers (Google Firebase, etc.)

We will use reasonable efforts to restore service promptly following any outage. We will not be liable for any loss arising from temporary unavailability of the Service.

To the fullest extent permitted by applicable law:

• The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including fitness for a particular purpose or non-infringement.
• KidSpark shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, loss of profits, or emotional distress, arising from your use of or inability to use the Service.
• Our total aggregate liability to you for any claim arising under or in connection with these Terms shall not exceed the total amount paid by you to KidSpark in the 12 months preceding the claim.

Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. Your statutory rights as a consumer under UK law are not affected by these Terms.

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, except where mandatory consumer protection laws in your country of residence give you the right to bring proceedings in your local courts.

If you are a consumer in the EU, you may also benefit from any mandatory provisions of the law of the country in which you are resident and have the right to bring proceedings in your local courts.

We may update these Terms at any time. When we make material changes, we will:

• Notify you by email at least 14 days before the change takes effect
• Display a prominent notice within the app
• Update the “Last updated” date at the top of this page

If you do not agree to the updated Terms, you must stop using the Service before the effective date. Continued use constitutes acceptance of the updated Terms.

For questions about these Terms or the Service:

• General support: support@kidspark.app
• Privacy & data: privacy@kidspark.app