SafeMyKid – Terms of Use

PLEASE READ THESE TERMS CAREFULLY!

THE SMALLWATCHER TERMS OF USE ARE BINDING.

Welcome to SafeMyKid! 

These Terms of Use/Terms govern your access to and use of the SafeMyKid(all services, support, and website). You agree to these terms and conditions when using SafeMyKid’s Services. However, if you do not agree with any part of these Terms, you must discontinue use of the Services immediately.

SafeMyKid reserves the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting on our website. You must review these Terms periodically to stay informed of any updates. Continued use of the Services after any modifications will indicate your acceptance of the modified Terms.

Eligibility

You must be 18 years old to use this site or any of our Services. If you are under 18, you may use SafeMyKid with the supervision of a parent or guardian. The Services are intended solely for lawful use by legal guardians, employers, and individuals monitoring devices they legally own or have explicit permission to monitor.

SafeMyKid does not permit the use of its Services by individuals who do not meet these eligibility requirements. If you do not meet these eligibility criteria, you must immediately discontinue use of the Services.

License and User Rights

Unless otherwise stated, SafeMyKid and its licensors own the intellectual property rights for all material on the service. 

All intellectual property rights are reserved. You may access this from SafeMyKid for your own personal use, subject to restrictions set in these terms and conditions.

You must not:

  • Republish material from SafeMyKid

  • Sell, rent or sub-license material from SafeMyKid

  • Reproduce, duplicate or copy material from SafeMyKid

  • Redistribute content from SafeMyKid

This Agreement shall begin on the date hereof.

Our service is relevant to tracking the activities of child using an electronic device. You should only be able to track them if:

  • The kid is your own.

To track your child, you must obtain their consent and comply with local or state laws. Ensure they are under 18, as monitoring their phone activities is not allowed once they reach adulthood.

However, if you fail to fulfill the requirements or terms listed above, we will be forced to comply with the law enforcement agencies to the full extent.

Acceptable Use

You agree to use the Services only for lawful purposes. You must not use SafeMyKid in any way that violates local, state, national, or international law. Specifically, you agree to monitor only those devices that you own or have explicit permission to monitor. Unauthorized monitoring of devices or individuals is strictly prohibited and may result in legal action.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Law of Hong Kong.

Prohibited Activities

You are expressly prohibited from using the Services to:

  • Monitor any device without the knowledge and consent of the user unless you are the owner or legal guardian of the device user.

  • Engage in activities that infringe on the privacy rights of others.

  • Gather sensitive personal information for malicious purposes, including but not limited to identity theft, harassment, or fraud.

Compliance with Laws

You agree to comply with all applicable laws and regulations regarding the monitoring of devices and data. It is your responsibility to ensure that your use of the Services is lawful in your jurisdiction. SafeMyKid does not condone or support any illegal use of its software and will cooperate with law enforcement authorities in cases of misuse.

User Responsibilities

As a user of SafeMyKid, you are responsible for:

Set Up and Use

Correct setup and operation of the software on the target device. You agree to follow all instructions provided during the setup process to ensure the software’s proper functionality.

Consent

Obtaining the necessary consent to monitor any device using the SafeMyKid service. Monitoring without proper consent may violate privacy laws and result in severe legal consequences.

Compliance

Ensuring that your use of the Services complies with all applicable laws and regulations. You agree to be solely responsible for any consequences arising from your failure to comply with these requirements.

Device Ownership

By using the Services, you represent and warrant that you own or have legal authority over the devices on which you enable the application. You further agree that you will not use the service to monitor devices owned by individuals other than yourself unless you have obtained explicit permission from the device owner.

Account Security

You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to notify SafeMyKid immediately of any unauthorized use of your account or any other breach of security. SafeMyKid will not be liable for any loss or damage arising from your failure to protect your account information.

Data Collection and Privacy

SafeMyKid collects data from the target device as part of the Services. By using SafeMyKid, you consent to the collection, storage, and processing of this data in accordance with our Privacy Policy. We are committed to protecting your privacy and the privacy of the individuals whose devices you monitor.

Types of Data Collected

The data collected by SafeMyKid may include, but is not limited to:

  • Call logs, SMS messages, and contact lists.

  • Location data, including GPS coordinates.

  • Browser history, social media activity, and application usage.

  • Keystrokes, screenshots, and other device activity.

Use of Collected Data

The data collected by SafeMyKid is used to provide you with monitoring services and to generate reports for your review. SafeMyKid does not sell, rent, or share your data with third parties except as required by law or to protect our rights and interests.

Data Security

We take data security seriously and implement industry-standard measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission or storage is completely secure, and we cannot guarantee the absolute security of your data.

Disclaimer of Warranties

The Services are provided “as is” without any warranties of any kind, either express or implied. SafeMyKid does not warrant that the Services will be uninterrupted, error-free, or completely secure. We disclaim all warranties, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

No Guarantee of Accuracy

SafeMyKid does not guarantee the accuracy, completeness, or reliability of the data collected through the Services. The information provided by the service is intended for informational purposes only and should not be relied upon for making critical decisions.

Third-Party Services

The Services may include integrations with third-party services. SafeMyKid makes no representations or warranties regarding the availability, compatibility, or reliability of such third-party services. Your use of third-party services is at your own risk.

Limitation of Liability

Under the law of the applicable law, SafeMyKid will not be held responsible for direct, indirect, incidental, consequential, or continuous damage that may likely occur while using the Services or as a result of the inability to utilize the Services. 

This includes but is not limited to, loss of profits, data, or goodwill. 

Some of the monetary losses include:

Exclusion of Damages

In no event shall SafeMyKid be liable for any damages arising from:

  • Getting consent to monitor a device that you think is problematic for someone, especially a family member, is something that you might not be able to do. 

  • Any fraudulent activity involving your account or any other security-related issue with your account. 

  • There is also liability for any failure or omission made available to the Services.

Maximum Liability

SafeMyKid does not claim any and all liability for damages arising out of or in connection with the Service. This includes but is not limited to, indirect, consequential, special, incidental, or punitive damages. 

SafeMyKid is not liable for any loss of sales, income, or use arising from the Service. Moreover, this Agreement applies even if the service has been informed of the possibility of such damages.

Termination

SafeMyKid may also choose to suspend or cease your use of the Services at any time without prior notice in a manner that will be a direct violation of the present Terms of Use. 

Last of all, the user has to stop using the Services upon termination and delete the service from the storage media where it has been enabled.

Termination for Breach 

Any violation of the conditions specified herein entitles SafeMyKid to cancel your right to use the Services at any time without prior notice. For this reason, you will not have any right to request a refund of the fees paid to you for the Services in such cases. 

Effects of Termination 

In case you cease to have access to the Services for whatever reason, SafeMyKid shall delete your personal information from the System in consonance with the data disposal policy. 

You also agree and understand that for any reason you may be restricted from the use of the Services. SafeMyKid shall not be held responsible for you or any other party.

Intellectual Property

Any rights in the Services and its Application, including the app, trademarks, logos, and any content, are the property of SafeMyKid or its licensors. 

All the rights in relation to the Services may solely be granted through SafeMyKid and may not be used, copied, or modified without SafeMyKid’s permission.

Ownership

SafeMyKid owns all rights, title, and interest to the Services and all the content therein or hereby. It is important to note that your use of the Services does not give you any rights with regard to the service or other related materials.

Trademarks

All the product and service names used on this website and the name SafeMyKid and its logos are trademarks of SafeMyKid. None of the above trademarks may be used without the written permission of SafeMyKid.

Modifications to the Terms

SafeMyKid also has the right to change these Terms at any time. Any changes will become effective upon being posted on our website, and it is your duty to check the Terms’ updates. 

If You Use the Services after the Changes Have Been Made, It Means That You Accept Them. 

Notice of Changes 

SafeMyKid will use its best endeavors to provide you with notice of any material alteration of these Terms, where you can find us posting notices at www.SafeMyKid.com or through a message sent to the email address you used for registration. But it remains with you to check the Terms often for any changes that may be made from time to time. 

Binding Effect 

Amendments to these Terms are allowed and should be made to this page without prior notice. Changes to these Website Terms of Use will take effect as soon as the changes are posted on the Website. If there are parts that you do not wish to accept, then you must refrain from continuing to use the Services. 

It is important that you review these Terms regularly with particular regard to the changes that may be made to the Services and its Agreement to use; by your further use of the Services after any such changes, you agree to accept the Changes made.

Governing Law

Terms and conditions shall be governed by the laws of [Your Country/State] without giving regard to its conflict laws. For issues concerning these Terms or the use of the Services, all controversies, claims, or disputes will be solved in the courts of [Your Country/State] only.

International Users

If you are accessorizing the Services from jurisdictions other than [Your Country/State], it’s your duty to ensure that you are bound by the laws of the country you are in. SafeMyKid does not warrant that the Services are suitable for use in locations outside of the United States of America.

Dispute Resolution

The Law governing the arbitration shall be [Your City, Country/State Law], and the [Arbitration Association] shall choose the number of arbitrators. You also agree to waive the right to have a jury trial and all your rights relating to a class action.

Entire Agreement

These Terms, along with the Privacy Policy, is an agreement that controls the relationship between you and SafeMyKid, governs the Contract under which you use the Services, and supersedes any and all prior agreements or understandings, whether written or oral.

No Waiver

No forbearance, delay, or indulgence granted by SafeMyKid shall be deemed to be an abandonment of the right or remedy of that SafeMyKid. Any such waiver will not apply unless it is in writing and under the signature of an officer of SafeMyKid.

Severability

Should any of the provisions of these Terms be deemed unlawful or unenforceable by any court of competent jurisdiction, then the illegal or unenforceable provisions of these Terms shall in no way affect the enforcement of the remaining terms of these Terms.

Refund Policy

SafeMyKid provides a 15-day money-back guarantee to users who are not satisfied with the Services. 

To request a refund, you need to contact our customer support service within 15 days of purchase. They will be refunded in compliance with our Refund Policy, which is stated on our website.

Conditions for Refund

Refunds will only be issued if:

  • The Services are proven to be defective or not functioning as described.

  • You have followed all setup and troubleshooting instructions provided by our support team.

  • The refund request is made within the specified 15-day period.

Non-Refundable Services

Certain services, such as customization or technical support beyond the standard offering, may not be eligible for a refund. These services will be clearly marked as non-refundable at the time of purchase.

Indemnification

You will indemnify, defend, and hold SafeMyKid, its affiliates, and their respective officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in connection with your use of the Services or your breach of these Terms.

This indemnification obligation applies to any claims arising from:

  • Your violation of these Terms or any applicable laws.

  • Your unlawful use of the Services or monitoring of the devices.

  • Any third parties’ claims arising due to the use of the Services by you.

Account Security

Your account is your responsibility, and it is vital to maintain the confidentiality of the credentials and related information, which includes the account username and password. It is suggested that in case of unauthorized use or breach of security, you contact the customer support staff immediately.

Password Management

We urge you to set up a strong and impenetrable password for your SafeMyKid account. Moreover, it is recommended that the password is regularly updated to avoid any inconvenience. It is also suggested that you do not use the same password across multiple platforms.

Account Recovery

If you happen to lose your account and are unable to access it, then SafeMyKid offers you the opportunity to initiate the account recovery process. You can contact the customer support team, which may ask you to provide relevant verification or proof of identity to further the proceedings to reaccess the account.

Data Retention

SafeMyKid retains data for as long as necessary to provide the Services or as required by law. However, when you decide to unsubscribe or terminate your account, your information and related data will be deleted in accordance with the Data Retention Policy.

Data Deletion

You may request the deletion of your data at any time by contacting our customer support team. Upon receiving your request, we will promptly delete your data from our systems, except as required to comply with legal obligations.

Retention of Anonymized Data

SafeMyKid may retain anonymized and aggregated data for analytical and research purposes. This data will not include any personally identifiable information and will be used solely to improve our Services.

Entire Agreement

SafeMyKid’s TOS and Privacy Policy constitute that you have an understanding of the process and you agree to them. Moreover, you consent to supersede any prior agreements or understandings, whether written or oral.

Contact Us

If you encounter any issues regarding SafeMyKid’s Terms of Service or have any queries, then feel free to contact us at:

Email: [email protected]

Our staff is available 24/7 to assist you with any issues or concerns related to the Services and other matters. 

Company Info:
This website is joint operated by ALEATYNEWS LTD and FONELIX TECHNOLOGY CO, LIMITED.
ALEATYNEWS LTD
60 St Martins Lane, Covent Garden, London, England, WC2N 4jS (This is not a returning address)
Company number: 15255542
FONELIX TECHNOLOGY CO., LIMITED
Unit Ⅰ-1, 4/F., Golden Dragon Industrial Center II, 162-170 Tai Lin Pai Road, Kwai Chung, N.T.