Last Revised: June 07, 2020
Kidamy Ltd. (“Kidamy”, “we”, “our” or “us”) welcomes you (the “User(s)”, or “you”) to our website at: [www.kidamy.com] (the “Site”) and to your use of our online platform that matches parents, custodians and other legal guardians with specialists and parenting experts (the “Platform”) available via the Site, to receive professional advice and support through video or chat (the Platform and the Site – collectively the “Services”, as further detailed below). You may use the Services solely in accordance with the terms and conditions hereunder.
By accessing or using the Site or the Service, you agree to be bound by the Terms set forth herein (this “Agreement”).
IMPORTANT- NO ADVICE:
THE SERVICES, INCLUDING ANY INFORMATION PROVIDED OR CONCLUDED FROM THE USE OF THE SERVICES, ARE NOT INTENDED AND SHOULD NOT BE DEEMED MEDICAL OR OTHER HEALTH-RELATED PROFESSIONAL ADVICE, DIAGNOSIS OR TREATMENT. ANY AND ALL INFORMATION PROVIDED VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. DO NOT USE THE SERVICES AND/OR TAKE ANY SUGGESTIONS PROVIDED OR CONCLUDED FROM THE USE OF THE SERVICES AS A SUBSTITUTE FOR MEDICAL OR OTHER HEALTH-RELATED PROFESSIONAL ATTENTION. RELIANCE ON ANY INFORMATION AND/OR RECOMMENDATIONS PROVIDED OR CONCLUDED FROM THE SERVICES OR THE USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON SUCH INFORMATION AND/OR RECOMMENDATIONS.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER CONNECT TO, ACCESS OR USE THE SERVICES.
By accepting these Terms, you represent that any and all information you provide us through the Services is true and accurate. The provision of any false or fraudulent information is strictly prohibited. You further consent to receive communications from us electronically. We may communicate with you a variety of ways, such as by e-mail, in-app push notifications, or by notices and messages on the Site. You may revoke your consent to any individually targeted communications at any time by contacting us at the email address listed below in Section 21.
You may use the Service only if you are at least eighteen (18) years old. You represent that you are at least eighteen (18) years of age and if you are under the age of eighteen (18), you may only use the Service under the supervision, or with the direct consent, of a parent or legal guardian who has agreed to any agreement you enter into while using the Services, including these Terms. In no event may a person under the age of 13 years old use any of the Services.
The purpose of the Services is to assist parents, custodians and other legal guardians to obtain information, professional services and support with respect to the care of their newborns and children. For that purpose, the Services make available to its Users a certain marketplace of parenting experts such as consultants for breastfeeding, nutrition, and sleep, postpartum doulas, and parent coaches on demand, who are identified on the Site as such (the “Expert(s)”). Through your use of the Services, you may access to advisory sessions with such Experts through video or chat. The User hereby acknowledges and agrees that its interaction with the Experts is solely at its own risk. Kidamy shall not be liable or responsible in any way whatsoever for any damage, loss, liability, cost, expense or claim in connection with any advice or information provided by such Experts, including without limitation as to the reliability, quality, accuracy or usability of such advice or information, nor in connection with the identity, qualification or credentials of the Experts.
THE INFORMATION WHICH MAY BE AVAILABLE TO YOU THROUGH THE SERVICES IS BASED SOLELY ON INFORMATION PROVIDED TO US BY THE EXPERTS. KIDAMY IS NOT RESPONSIBLE IN ANY WAY FOR THE QUALITY, RELIABILITY, ACCURACY AND USABILITY OF SUCH INFORMATION. THE SERVICES PROVIDE A PLATFORM FOR COMMUNICATION BETWEEN USERS AND THE EXPERTS. THROUGH SUCH COMMUNICATION, YOU MAY RECEIVE AMONGST OTHER THINGS INFORMATION, ALTERNATIVE APPROACHES, OFFICIAL AND UNOFFICIAL PROCEDURES, SEMI-MEDICAL AND MEDICAL INFORMATION. PLEASE NOTE THAT INFORMATION IS PROVIDED AT YOUR OWN RISK AND KIDAMY SHALL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR THE QUALITY, RELIABILITY, ACCURACY AND USABILITY OF SUCH ADVICE.
BY USING THE SERVICES, YOU AGREE THAT KIDAMY IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM THE USE OF THE SERVICE.
WE STRONGLY URGE YOU TO CONSULT YOUR PHYSICIANS AND MEDICAL PROFESSIONALS IN ALL MEDICAL AND HEALTH RELATED DECISIONS AND TO REVIEW ANY INFORMATION WITH QUALIFIED PROFESSIONALS OUTSIDE OF THE SERVICES, WHO ARE FULLY AWARE OF YOUR INDIVIDUAL NEEDS AND CIRCUMSTANCES.
KIDAMY DOES NOT IN ANY WAY ENDORSE, RECOMMEND OR ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN WHOLE OR PARTIAL RELIANCE ON THE SERVICES OR ANY CONTENT THEREOF OR OBTAINED THEREBY, NOR FOR ANY LOSS, INJURY, INCONVENIENCE, HARM AND/OR DAMAGE INCURRED AS A RESULT OF, OR IN CONNECTION WITH, THE SERVICES OR USE THEREOF.
YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
In order to use the Services by and accessing to advisory sessions with Experts, you must provide us certain information, including your full name, phone number, email, zip code, and at your discretion, to fill out certain questionnaires regarding your child. You may also enroll to establish a User account (the “Account”) and in such case you may be asked to choose a password and username for your Account.
You must provide accurate and complete information and you agree to not misrepresent any of your personal information or Account information, and to keep your Account information accurate and up to date.
You may not assign or transfer your rights or delegate your duties under the Account and/or these Terms without the prior written consent of Kidamy.
If you provide a password and username, you are solely and fully responsible for maintaining the confidentiality of the login credentials (e-mail, username and password) of your Account and for all activities that occur under your Account. You agree not to disclose your login credentials to any third party. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your Account is at risk if you let someone else use it inappropriately and we reserve the right to terminate your Account if you or anyone using your Account violates these Terms.
You must notify us immediately of any unauthorized use of your Account of login credentials or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with the Terms or from any unauthorized use of your Account or any other breach of security. You may be liable for the losses of Kidamy and/or others due to any such use.
To help protect the privacy of data and personally identifiable information you transmit through use of our Services, we maintain physical, technical and administrative safeguards. We update and test our security technology on an ongoing basis. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees' privacy responsibilities.
NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. KIDAMY SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.
Your use of the Services (or any part thereof) is dependent on the fact that you hereby represent and warrant that:
There are certain conducts which are strictly prohibited on and/or with respect to the Services. Please read the following restrictions carefully. Your failure to comply with the provisions hereunder may result (at Kidamy’s sole discretion) in the termination of your access to the Services and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf:
The Services (including the Site and Platform), the User Generated Content, the Kidamy's proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, icons, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Services and any part thereof), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Kidamy, and are subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Kidamy’s proprietary rights, including Kidamy's Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
Kidamy hereby grants you, and you accept, a personal, non-exclusive, non-commercial, non-transferable, non-sublicensable, fully revocable, limited license to use the Site, Platform and Content, solely for the limited purpose of using the Services for a personal, non-commercial needs in accordance with the Terms.
“Kidamy” and all logos and other proprietary identifiers used by Kidamy in connection with the Services, (“Kidamy Trademarks”) are all trademarks and/or trade names of Kidamy, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or with respect to the Servicse belong to their respective owners (“Third Party Marks”). No right, license, or interest to Kidamy Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Kidamy Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein.
You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Kidamy and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Services, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly similar to any of Kidamy marks and logos, whether registered or not.
The Services may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Services and Kidamy disclaims all liability related thereto. You acknowledge that Kidamy is not the author, owner or licensor of any Third Party Components, and that Kidamy makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Services or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
The Services’ availability and functionality depend on various factors, such as communication networks, software, hardware, and Kidamy’s service providers and contractors. Kidamy does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access error-free.
Kidamy reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Services (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content available through the Services may be changed, modified, edited or extended in terms of content and form or removed at any time without any notice to you. Kidamy reserves the right not to upload any Content you may make available to the Services. You agree that Kidamy shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Services (or any part thereof). In addition, Kidamy may, at any time and in its sole discretion, elect to charge a fee or to change an existing fee in consideration for providing the Services.
KIDAMY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICES (OR ANY PART THEREOF).
THE SERVICES (AND ANY PART THEREOF), INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
KIDAMY AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “KIDAMY AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE SERVICES.
KIDAMY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. KIDAMY MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICES AT ANY TIME, OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES, INCLUDING USE OF AND/OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICES, IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.
IN NO EVENT SHALL KIDAMY AND/OR ANY OF THE KIDAMY AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICES, USE OR INABILITY TO USE THE SERVICES, FAILURE OF THE SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL, DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF KIDAMY TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF KIDAMY OR BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS AND/OR THIRD PARTY SERVICES.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION. AS SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN SUCH LIMITATIONS ONLY MAY NOT APPLY TO A USER RESIDING IN SUCH STATES.
SUCH LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR KIDAMY’S SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF KIDAMY AND/OR ANY KIDAMY AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL KIDAMY’S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO KIDAMY FOR USE OF THE SERVICES. IF YOU HAVE NOT MADE ANY PAYMENTS TO KIDAMY FOR THE USE OF THE SERVICES, THEN KIDAMY SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
You agree to defend, indemnify and hold harmless Kidamy and any Kidamy Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney's fees) arising directly or indirectly from: (i) your use of the Services (or any part thereof) not in accordance with Kidamy’s instructions; (ii) breach of any term of these Terms by you or anyone using your Account; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Services; (iv) your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Services; (v) any claim for financial remedies or other compensations due to a decision that was taken or not taken or any action that was made or not made based on the Content, output or any other data resulting from the use of the Services; and (vi) your violation of any applicable law or regulation.
At any time, Kidamy may block your access to the Services and/or temporarily or permanently limit, suspend or terminate your Account, for any reason, at its sole discretion, in addition to any other remedies that may be available to Kidamy under any applicable law. Such actions may be taken if Kidamy deems that you have breached any of these Terms in any manner.
Additionally, Kidamy may at any time, at its sole discretion, cease the operation of the Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Kidamy does not assume any responsibility or liability with respect to, or in connection with the termination of the Services and/or loss of any data.
If you have any questions (or comments) concerning the Terms or the Service, you are welcome to send us an email to the following address, and we will make an effort to reply within a reasonable timeframe: [email@example.com].
By contacting us, you represent that you are free to do so and that you will not knowingly provide Kidamy with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such information provided, shall belong exclusively to Kidamy, and Kidamy may use or refrain from using any such information at its sole discretion.