PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING AGREEMENT.
Thank you for selecting the Services provided by uKnow.com, Inc., a Delaware corporation with its registered address at 1400 Key Boulevard, Suite 100, Arlington, VA 22209, and its affiliates, (referred to as “uKnow.com”, “uKnowKids”, “we”, “our”, or “us”). uKnowKids’ service enables parents to monitor their children’s Internet, mobile phone and online device usage and geographic location.
This Terms of Service (“ToS”) describes the terms and conditions applicable to your access and use of the uKnowKids.com website (the “Site”), website software, PC software, content, software plugins, extensions, updates and new releases (the “Software”) made available through or in connection with the Site (collectively, the “Services”). This ToS sets forth the terms and conditions under which uKnowKids provides you access to the Site and the Service.
Please review all parts the Agreement thoroughly. This Agreement is a legal agreement between you and uKnowKids
YOUR USE OR ACCESS OF THE SITE AND/OR THE SERVICE, OR BY CLICKING ON THE CHECKBOX ASSOCIATED WITH THE “I agree to all of the terms of the uKnowKids Terms of Service.” TEXT LINKING TO THIS TOS ON THE UKNOWKIDS SIGN-UP FORM, SIGNIFIES THAT YOU AGREE TO THIS TOS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOS AS IS, INCLUDING ANY MODIFICATIONS THAT UKNOWKIDS MAKES FROM TIME TO TIME. IF YOU DO NOT AGREE TO THIS TOS AND THESE TERMS, THEN DO NOT INDICATE ACCEPTANCE OF THE AGREEMENT AND DO NOT USE OR ACCESS THE SERVICES.
Representations and Warranties.
uKnowKids provides you, as a legal guardian of a child or children under the age of 18 (your “Minor Child” or “Minor Children”), with the ability to collect certain information or to remotely manage the mobile devices of your Minor Children via your Linked Accounts, depending on the Services to which you subscribe. The Site and Service may provide you access to certain cell phone and computer activities (including, but not limited to, GPS location, email and text messages) of your Minor Children via your Linked Accounts using computers and/or mobile devices on which the Software is installed (the “Accessed Activities”). By using the Site and Service or clicking the checkbox associated with the “I agree to all of the terms of the uKnowKids Terms of Service.” text linking to this ToS on the uKnowKids Signup Form, you hereby warrant, represent, covenant and certify the following:
- All information that you provide to uKnowKids is true and accurate, including, without limitation, the state of residence and the ages of each of your children that will be using mobile devices or computers with the Service;
- You will only use the Site and Service as an aid to your efforts to protect and enhance the welfare of your Minor Children for whom you are the legal guardian (as more thoroughly described in Section 13.1, below);
- You will not use the Site, Service, Accessed Activities or Management Features in violation of any Federal, State or local law, rule, ordinance or governmental regulation you are subject to. Notwithstanding the foregoing, uKnowKids is not responsible for your access or use of the Accessed Activities or the Management Features;
- You own the Linked Accounts. Specifically, although Linked Accounts may be established in the names and using credentials for your Minor Children, you warrant and represent to us that you are the legal owner of all Linked Accounts and you have the legal authority to connect the Linked Accounts to the Services.
- You agree that it is your sole responsibility to ensure that all accounts used by your children that you wish to monitor are set up as Linked Accounts.
- You consent to uKnowKids granting you access to the Accessed Activities of each of your Minor Children that you have registered with uKnowKids for your exclusive password restricted access through the Site or Service;
- You will not use the Site or Service to monitor the activities of (i) any person that is 18 years of age or older, (ii) any person that is a resident of the state of Iowa or the state of Vermont or (iii) any other person for whom you are not the legal guardian;
- You agree that uKnowKids is not responsible or liable in any manner for any content you encounter through the Accessed Activities. uKnowKids is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter through the Accessed Activities. You further agree that uKnowKids is not responsible or liable in any manner for any such actions you direct uKnowKids to take through the uKnowKids Dashboard or mobile apps.
- You will only use the Site and Service to monitor the mobile device and computer activities of your Minor Children for whom you are the legal guardian;
- You will properly follow all instructions and documentation provided by uKnowKids to you at the uKnowKids Sites;
- You will not allow any other person to access the Accessed Activities or to utilize the uKnowKids Dashboard or mobile apps;
- You will only install the Software on computers and mobile devices for which you are the owner or you consent to the collection of information on your Minor Child’s device on behalf of such Minor Child;
- You have advised all users of the computers and/or mobile devices on which the Software is installed that you own those computers and/or devices and may repossess and inspect those computers and/or devices and inspect the data they contain; and
- Your use of the Service shall be for the sole purpose of protecting your Minor Child(ren)’s welfare. You shall not use your Minor Child(ren)’s collected private data for any private and/or commercial purposes. If you are found to have done so and if required, uKnowKids reserves the right to provide the relevant government authorities with information about you and your activities. In addition, your access to and use of the Service will be terminated without refund.
As a courtesy, uKnowKids will remove your child and the associated Linked Accounts from our Service on your child’s eighteenth birthday based on the information you provide during account set up. You will be notified by email of such automated account maintenance. However, you agree that it is solely your responsibility to remove your child and associated Linked Accounts from our Service on your child’s eighteenth birthday, and uKnowKids will have no responsibility or liability for a failure to do this for you automatically.
This ToS may only be revised in a writing signed by uKnowKids, or published by uKnowKids on the Site with or without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and uKnowKids as a result of this ToS or your use of the Service or the Software.
uKnowKids may assign this ToS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToS without uKnowKids’ prior written consent, and any unauthorized assignment by you shall be null and void.
If any part of this ToS is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToS shall be given full force and effect.
In the event any litigation or arbitration is brought by either party in connection with this ToS, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
Our failure to enforce any provision of this ToS shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
All notices given by you or required under this ToS shall be in writing and addressed to: uKnowKids, Inc., 1400 Key Boulevard, Suite 100, Arlington, VA USA Attention: Member Support.
You will comply fully with all relevant export laws and regulations applicable to you, including, without limitation, the U.S. Export Administration Regulations if you are a resident of the United States (collectively “Export Controls”). Without limiting the generality of the foregoing, you will not, and you will require your representatives not to, export, direct or transfer the Software, or any direct product thereof, to any destination, person or entity restricted or prohibited by the Export Controls.
U.S. Government Rights.
If you are, or are entering into this Agreement on behalf of, any agency or instrumentality of the United States Government, the Software is “commercial computer software” and “commercial computer software documentation,” and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable, use, reproduction, and disclosure of the Software are governed by the terms of this Agreement.
You hereby agree that uKnowKids would be irreparably damaged if the terms of this ToS were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToS, in addition to such other remedies as we may otherwise have available to us under applicable laws.
This ToS, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site, the Software and/or Service.
Additional Terms for Foreign Territories.
In addition to the above, if you are a resident of India, the following applies to you: Misuse of Site and/or Service. You may not use the Site or Service to develop, generate, transmit or store information that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. Trademarks. Unauthorized use of any uKnowKids trademark, service mark or logo may be a violation of prevalent intellectual property laws including the Trademarks Act, 1999. Binding Arbitration. Arbitration Procedures. You and uKnowKids agree that, any dispute arising out of or in connection with this ToS, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA India Arbitration Rules, which are deemed to be incorporated by reference into this clause:
- The number of arbitrators shall be one;
- The seat, or legal place, of arbitration shall be Mumbai;
- The language to be used in the arbitration shall be English; and
- The governing law of the contract shall be the substantive law of India.
You and uKnowKids agree that the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.