Kidamy Terms of Use

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.

  1. Acceptance of the Terms

By entering, connecting to, accessing or using the Services and, you acknowledge that you have read and understood these terms of use (the “Terms of Use”), including the terms of our Privacy Policy [www.kidamy.com/terms] (the “Privacy Policy” and collectively with the Terms of Use, the “Terms”) and you agree to be bound by the Terms and to comply with all applicable laws and regulations regarding your use of the Services and acknowledge that these Terms constitute a binding and enforceable legal contract between Kidamy and yourself. Capitalized terms which are not defined herein have the meaning ascribed to them in our Privacy Policy.

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.

  1. Minors

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. 

  1. 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.

  1. Registration and User Account 

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.

To learn more about the type of information collected by us when you register to the Services, please visit our Privacy Policy at: [www.kidamy.com/terms].

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.

If you wish to modify your Account information, or if you wish to terminate your Account, you may do so by contacting us at: Hi@kidamy.com. Your Account will be terminated within a reasonable time following your request in accordance with the Privacy Policy, and from that date you will no longer be able to access your Account, and without derogating from any right or claim available to Kidamy, any and all permissions, rights and licenses granted to you under these Terms shall be instantly terminated and revoked. 

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. 

  1. User Representations and Undertakings

Your use of the Services (or any part thereof) is dependent on the fact that you hereby represent and warrant that:

  1. You possess the knowledge and judgment necessary to decide whether to use the Services or otherwise rely on any information available therein;
  2. You agree that Kidamy does not monitor or provide any information that is provided on this Services and is not responsible for the content of such information. Kidamy reserves the right however, to remove any information that violates any of the Terms;
  3. You will not rely on Kidamy or the Services in any way, as you fully understand that we do not provide any professional or medical advice, diagnosis or treatment or any healthcare service, nor do we provide any endorsement, support, representation or guarantee regarding the accuracy, reliability, truthfulness, legality or completeness of any service, information or content that may be available to you on or in connection with the Services; 
  4. You acknowledge that there is no professional relationship (including any advisor-advisee relationship) between you and Kidamy; 
  5. You hereby assume all risks, liabilities and/or harm of any kind arising in connection with and/or resulting from using the Service and/or relying solely on information available on or through the Services. Such risks may include, among others, inaccurate or incomplete representation or misrepresentation of information, goods or services, breach of warranty and/or contract, violation of rights and any consequent claims;
  6. You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder; 
  7. If you connect to, access or use the Service on behalf of any third party, family member or dependent, you represent and warrant that you are duly authorized under any applicable law to represent such third party, family member or dependent in connection with these Terms and to commit it to be bound by these Terms, and hereby make all representations and warranties herein on both your and its behalf; 
  8. The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; 
  9. You acknowledge that you are solely responsible for complying with applicable laws regarding your use of the Service;
  10. your use of the Services has not been previously blocked, suspended or terminated including under different accounts;
  11. By using the Services, you herby agree to its terms of use and thereby waive in advance any claim and/or demand and/or legal suit of any kind towards Kidamy relating to the Services’ use.
  1. Use Restrictions

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

  1. copy, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Services, including any User Generated Content (as defined below) and any other information, material and data available on the Services, (collectively, the “Content”) in any way, or publicly display, perform, or distribute the Content, without Kidamy’s prior written consent. For purposes of these Terms, any User Generated Content and any other information, material and data, which were originally owned by you, shall not be considered as Content;   
  2. make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Kidamy’s prior written consent; 
  3. create a browser or border environment around the Services and/or Content, link, including in-line linking, to elements on the Services, such as images, posters and videos, and/or frame or mirror any part of the Services, unless as expressly permitted hereunder; 
  4. interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; 
  5. defame, abuse, harass, stalk, threaten any User or health care provider and/or violate in any way the legal rights of others;
  6. use, refer to and/or display the Services (or any part thereof) on and/or with respect to any good or service, which in itself and/or which contains any information or content that may be considered as abusive, harassing, threatening, inciting hatred, encouraging or facilitating anti-social behavior, promoting illegal drugs, the tobacco industry or the armaments industry, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable, offensive and/or violating in any way the legal rights of others, and/or where presence of the Content or any reference to Kidamy and/or the Services might be perceived as damaging to Kidamy’s reputation and goodwill or actually bring Kidamy into disrepute;
  7. transmit, distribute, display or otherwise make available through or in connection with the Services any content, which may infringe third party rights, including Intellectual Property rights and privacy rights, or which may contain any unlawful content;
  8. impersonate any person, entity, or another User of the Services or provide false information or misrepresent yourself on the Services, whether directly or indirectly; 
  9. falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that Kidamy or any third party endorses you, your business, or any statement you make, or present false or inaccurate information about and/or through the Services;
  10. transmit or otherwise make available in connection with the Services, and/or use the Services to distribute and/or otherwise transmit any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; 
  11. interfere with or disrupt the operation of the Services, or the servers or networks that host the Services or make the Services available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; 
  12. sell, license, or exploit for any commercial purposes any use of or access to the Content and/or Services; 
  13. use the Services for and/or in connection with any form of spam, unsolicited mail or similar conduct;
  14. create a database by systematically downloading and storing all or any of the Content, or forward any data generated from the Services without the prior written consent of Kidamy; 
  15. bypass any measures which may be used to prevent or restrict access to the Services and/or certain functionalities therein;
  16. function as a service bureau and provide access to data generated from our Services without the prior written consent of Kidamy;
  17. transfer or assign your Account’s login credentials, even temporarily, to a third party; 
  18. use the Content and/or the Services for any illegal, immoral or unauthorized purpose
  19. provide Content that does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations;
  20. use the Services and/or the Content for non-personal or commercial purposes without Kidamy’s prior express written authorization; or
  21. infringe or violate any of these Terms. 
  1. User Generated Content
  1. Certain features of the Services may allow you to upload, post, publish and make available through it, content such as text, reviews images, and any other communications and proprietary materials (the "User Generated Content"). The User Generated Content may be hosted, shared and/or published as part of the Services and may be visible to and accessed by other Users of the Services. We urge you to be aware and conscious of your privacy with respect to the User Generated Content that you choose to upload. Please ensure that when you use the Services, you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the User Generated Content you uploaded to the Services. Kidamy will not bear any liability for any loss, damage, cost or expense that you may suffer or incur as a result of or in connection with uploading any User Generated Content. 
  2. As long as your User Generated Content is subject to the applicable copyright law, such User Generated Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You hereby further acknowledge and agree that the User Generated Content is non-confidential.
  3. You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such User Generated Content, on the Services, in any way. You hereby warrant that your User Generated Content is true, current, accurate and complete.
  4. You represent and warrant that you are the rightful owner of the User Generated Content you upload to the Services or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content and that such User Generated Content does not infringe any third party's intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights). IT IS THE USER’S RESPONSIBILITY TO OBTAIN ANY AND ALL CONSENTS REQUIRED UNDER ANY APPLICABLE LAWS, REGARDING THE POSTING OF ANY PERSONAL INFORMATION OF OTHERS WHICH IS PART OF THE USER GENERATED CONTENT, AND TO ADHERE TO ANY APPLICABLE STATE AND FEDERAL LAWS REGARDING SUCH INFORMATION.
  5. You expressly agree that the User Generated Content that you post or upload will not include (i) content or information that is confidential or that is not in the public domain; (ii) any spam, unsolicited promotions, advertising, contests or raffles; (iii) content which is, inter alia, unlawful, defamatory, libelous, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening or vulgar; (iv) content that unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class; (v) content that encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit; or (vi) content that poses a risk to a person’s safety, security or health. The above examples of unlawful and prohibited User Generated Content do not constitute an exhaustive list.
  6. Although Kidamy has no obligation to screen, edit or monitor any of the User Generated Content, Kidamy explicitly reserves the right, at its sole discretion, to remove or edit, without giving any prior notice, any User Generated Content available on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Generated Content you post or store on the Services at your sole expense. 
  7. When you upload, post, publish or make available any User Generated Content on the Services, you grant to (i) Kidamy an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, fully sub-licensable and worldwide license, to use, reproduce, distribute, transmit, create derivative works of, display, copy, make available to the public and perform that User Generated Content, along with the name that you submit in connection with such User Generated Content, in connection with the Services, whether through the internet, mobile devices or otherwise, in any media formats and through any media channels known today and developed in the future; and (ii) unless you otherwise restrict through your Account on the Services, each User of the Services a non-exclusive and royalty-free license to access your User Generated Content through the Services and to use such User Generated Content for personal and non-commercial purposes. Kidamy may publish and use any User Generated Content without the Users prior consent. You hereby agree and understand that you will not be entitled to prevent any transfer of User Generated Content to any third party. Kidamy shall not bear any liability for any use by any third party of the User Generated Content. In addition, you hereby explicitly waive any moral right and other intellectual property right you may have in and to the User Generated Content and forever waive and agree not to claim or assert any entitlement or interest to any and all moral rights or other intellectual property rights in any of the User Generated Content. 
  8. Kidamy takes no responsibility and assumes no liability for any User Generated Content upload, posted, published and made available by you or any third party in the Services, or for any loss or damage thereto, nor is Kidamy liable for any mistakes, defamation, libel, falsehoods, obscenities or pornography you or any other third party may encounter. 
  1. Privacy Policy 

We respect the privacy of our Users and are committed to protect the information you share with us in connection with the Services. Our policy and practices and the type of information collected are described in our Privacy Policy at [www.kidamy.com/terms]. If you intend to connect to, access or use the Services you must first read and agree to the Privacy Policy.

  1. Payments and Fees
  1. Using the Services by access to advisory sessions with an Expert through video or chat may be subject to payment of certain fees (either onetime payment or periodic) to us, as shall be presented to you at the time of registration (the "Payments").
  2. Payments on the Site may be executed via various credit card and other third-party payment service providers that we make available through our Services. By choosing to proceed with a Payment via a third party payment service provider, you thereby: (1) agree to review and be bound by such third party payment service provider’s terms of use and privacy policy; and (2) acknowledge that you may need to hold or register an active account with that third party in order to complete a Payment. We are not responsible or liable for any activities or conduct of a third-party payment service provider.
  1. Intellectual Property

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.

  1. Third Party Services 
  1. The Services may be linked to through certain third-party websites and other third party Services, including via advertisements (collectively, “Third Party Services”). Such Third Party Services are independent from the Services. You hereby acknowledge that Kidamy has no control over such Third Party Services, and further acknowledge and agree that Kidamy is not responsible for the availability of Third Party Services, and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third Party Services. 
  2. You further acknowledge and agree that Kidamy shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third Party Services. Most Third Party Services provide legal documents, including terms of use and privacy policy, governing the use of each such Third Party Services, their contents and services. We encourage you to read these legal documents carefully before using any such Third Party Services.
  1. Third Party Components 

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.

  1. Availability 

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.

  1. Changes to the Services

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.

  1. Disclaimer and Warranties

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.

  1. Limitation of Liability

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.

  1. Indemnification 

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.

  1. Amendments to the Terms 

Kidamy may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Policy at: [www.kidamy.com/terms]. We will notify you regarding substantial changes of these Terms on the homepage of the Site, or we may choose to send you an e-mail regarding such changes to the e-mail address that you provided during registration. Such substantial changes will take effect seven (7) days after such notice was provided on any of the abovementioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Service after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.

  1. Termination of your Account and Termination of the Services 

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. 

  1. General
  1. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. 
  2. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Kidamy and you. 
  3. These Terms, their interpretation, and any claims and disputes related hereto shall be governed by the laws of the State of Israel without reference to its conflict-of-laws principles, and any and all such claims and disputes shall be brought in, and you hereby consent to them being litigated in and decided exclusively by a court of competent jurisdiction located in the following locations:
  1. If your primary residence is in the USA, the exclusive jurisdiction shall be the city of New York, NY;
  2. If your primary residence is in Israel or in any other territory not mentioned in a) above, the exclusive jurisdiction shall be the city of Tel Aviv, Israel.
  1. Kidamy may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Services to a third party without your consent or prior notice to you. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof without Kidamy’s prior explicit and written consent will be null and void. 
  2. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
  3. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. 
  4. These Terms constitute the entire terms and conditions between you and Kidamy relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Kidamy and you, including, without limitation, those made by or between any of our respective representatives, with respect to the Services. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Kidamy in entering into these Terms. 
  5. The provisions of Section ‎5 (User Representations and Undertakings), Section ‎6 (Use Restrictions), Section ‎7 (User Generated Content(, Section ‎8 (Privacy Policy, including the Privacy Policy referred to therein), Section ‎9 (Intellectual Property), Section ‎2 (Minors), Section ‎10 (Third Party Services), Section ‎12 (Third Party Components), Section ‎‎13 (Availability), Section ‎15 (Disclaimer and Warranties), Section ‎16 (Limitation of Liability), Section ‎17 (Indemnification), Section ‎19 (Termination of your Account and Termination of the Service) and Section ‎20 (General Sections), will survive the termination or expiration of these Terms.
  1. Contact

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: [hi@kidamy.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.