TERMS & CONDITIONS
We (and our lawyers that help us with these things) have created these Terms of Use, which are a legally binding contract between you and us. This contract governs your access to, and use of, the App and the Parental Web Dashboard. In these Terms of Use we refer to parents and children collectively as “you”.
We have the right to change these Terms of Use at any time, so make sure you check back regularly to see if there are any updates. The updated Terms of Use will become effective on the date they are posted on the “Last Updated” date listed above. You accept the updated terms by continuing to use the App after the updated terms are posted.
The App is free to download, but most features require a paid subscription. In order to use the App you have to agree to be bound by these Terms of Use when you sign up for an Account. By using the Site, the Parental Web Dashboard, or the App you confirm your agreement to these Terms of Use. If you don’t agree to these Terms of Use, you may not download, install, access, or use the Site, the Parental Web Dashboard, or the App in any way.
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Minors
The term “minor” typically refers to any individual who is under the legal age of majority in their country or state. This age varies depending on the country or state in which you live, but it is most commonly set at 18 years old. If you are a minor, you may use the App only if your parent or guardian has consented to your use of the App and created a sub-account for you. If you are under the age of 18, you should ask a parent or guardian for permission to use the App and ask them to review these Terms of Use.
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Privacy and Your Personal Information
We respect your privacy rights and recognize the importance of protecting your personal information. Our Privacy Policy (which can be found at https://nick.academy/privacy-policy) describes, among other things, the kinds of personal information we collect, why we collect it, how we share it, and choices we give you. We also recognize the need to provide additional protections for kids who use our products and services. To learn about privacy protections for kids, please read our Kids Privacy Notice, which can be found at https://nick.academy/kids-policy.
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Accounts and Sub-Accounts
In order to access and use the App a parent or legal guardian over the age of majority must register for an account by creating a username and password at the link in the App, and create a sub-account for a child to access the children’s section of the App (collectively, the “Account”). The Account contains information about you including contact details, as well as information about your child. The Account owner is responsible for any activities that occur using the username and password. It is your responsibility to keep your username and password secure, so please let us know as soon as possible if you are aware of anyone using your Account without your permission. You can contact us at contact@nick.academy.
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Rights Granted to You
If you accept and follow these Terms of Use, we will grant you a non-exclusive, limited license to install and use the App for your own non-commercial use. This license is non-transferable by you and revocable by us. What this means is that you have the right to use the App, but you can’t give this right to someone else (outside of your child). It also means that we can terminate your license to use the App at any time and for any reason (or no reason at all). We reserve all rights in the App that are not expressly granted to you.
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Subscriptions and Payments
We offer a free three-day trial, after the trial is over we will charge you a subscription fee, if you do not want to pay for the subscription you must cancel the trial before the trial period concludes. Subscription plans renew on a monthly or annual basis depending on the plan you choose. You can cancel your subscription at any time and you may use your subscription until the end of your subscription term. To cancel your subscription on an iOS device you will need to open the Settings app, tap your name, tap Subscriptions, navigate to and tap on the Nick Academy subscription and tap “Cancel Subscription”. More information and detailed instructions for iOS users can be found here. To cancel your subscription on an Android device you will need to open the Google Play Store, tap Menu, tap Subscriptions, select the Nick Academy subscription, and tap “Cancel Subscription”. More information for Android users can be found here. Our subscription fees are listed on the applicable app store listings, we reserve the right to revise our subscription fees at any time and we will do our best to inform you of a fee change in advance. From time to time we may offer discounts or promotional codes and we will provide details about how to redeem those offers at the point we offer them. We also reserve the right to cancel your subscription at any time if we determine, at our sole discretion, you or someone using your Account has violated these Terms of Use or any applicable law.
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Restrictions on Use
You and your child (“you”) agree not to do any of the following (and you can’t help others do them either): disable or tamper with the App security features or try to bypass any limits on using the App; try to take apart, reverse engineer, or find the App’s source code; use the App to run a business, share it with others, or make money from it, copy, sell, or transfer the App or your rights to use it; break or abuse password protections; interfere with the App’s proper functioning; use the App in any illegal way or in violation of these Terms of Use; use our or any other third parties name, logo, trademarks, or other intellectual property without permission; run any tests or assessments on the App’s security without getting our written permission; spam or send unsolicited messages; or use the App for commercial purposes like distribution, resale, or rental without our written permission.
You also can’t post any content on the App that: breaks the law; violates someone’s intellectual property rights; invades anyone’s privacy; is deceptive, illegal, obscene, or harmful in any way (like hate speech or harassment); includes personal info about minors or others without first obtaining their or their parent’s consent; contains sensitive personal information; or that contains harmful software like viruses or worms.
You can’t use the App to support or promote illegal or fraudulent activities, impersonate someone else or mislead others about who you are, post defamatory or harmful content, including harassment or stalking, share someone else’s private information without their permission, send spam or unsolicited promotions, post malicious content that could harm others’ devices, or advertise or promote products or services without proper authorization.
If we think you are abusing the App in any way, including by doing any of the things mentioned in this Section 6, we can take action—such as limiting your access, canceling your subscription, or taking other steps in compliance with laws or law enforcement.
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Intellectual Property Rights
You acknowledge that KFFE exclusively owns all rights to the App, including all the software, design, content, trademarks, and any updates or modifications. You don’t own any intellectual property rights in the App, but you do have the right to use them as outlined in these Terms. You are not permitted to remove or alter any copyright or trademark notices on the App. Also, if the App includes third-party components, you can only use those with the App and in accordance with the terms presented, and not for any other purpose.
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Hyperlinks and Other People’s Websites
You may be able to use the App to click on hyperlinks that take you to the websites of other individuals or companies. We have no control over the content on these websites or the data that they collect. These third-party websites may have different privacy policies and terms of use. Please be sure to check the terms of use and privacy policies of these websites before engaging in any business or uploading any information. The links and interactive functionality for third-party websites on the App do not constitute an endorsement of any third-party products or services by us.
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App Limitations and Updates
We can’t promise that using our App will always be smooth or error-free, and we don’t guarantee that the content you get through the App will meet all your needs. We’re also not responsible for delays, delivery failures, or any other issues that come from data transfers over networks, including the internet, or from services provided by third parties. The App might not work with every mobile device, so please check compatibility with your device on the applicable app store pages before downloading. We may update the App from time to time to improve performance, add new features, or address security issues. If you don’t install these updates or opt out of automatic updates, the App might not work properly. We’ll do our best to make sure the App is compatible with the current or previous version of your operating system and matches the description provided when you downloaded it.
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Shutting Down the App
The App is new and something that we hope will be really popular. But if it doesn’t work out for any reason, we reserve the right to close it down and remove it from app stores without advance notice.
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Feedback from You
If you give us any suggestions, comments, or other feedback regarding the App, you understand that you are giving us the unlimited right to use those suggestions, comments, or other feedback for any purpose, in our discretion, without us having to pay you or provide you with any other additional consideration.
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Disclaimers
THE APP IS PROVIDED “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE”, AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOUR USE OF THE ACCESS APP IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE APP IS SECURE OR ERROR FREE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE APP, EITHER EXPRESS, OR IMPLIED BY STATUTE, COMMON LAW, OR TRADE USAGE, INCLUDING WARRANTIES OR CONDITIONS OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IF YOU HAVE STATUTORY RIGHTS UNDER THE LAWS OF THE JURISDICTION WHERE YOU LIVE, NOTHING IN THESE TERMS OF USE IS INTENDED TO AFFECT THOSE RIGHTS.
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Limitations of Liability
WE ARE NOT LIABLE TO YOU FOR (A) ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, DEVICE DAMAGE, SOFTWARE CRASH, LOST PROFITS OR SAVINGS, OR LOSS OF BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE, MISUSE, OR INABILITY TO USE THE APP, OR (B) ANY DAMAGES IN EXCESS OF USD $100.00. THESE LIMITATIONS OF LIABILITY APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. FOR CLARITY, WE DO NOT SEEK TO LIMIT OR EXCLUDE OUR LIABILITY IN THE EVENT OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD OR FOR ANY OTHER LIABILITY THAT WE ARE NOT PERMITTED BY LAW TO EXCLUDE.
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Indemnity
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold KFFE harmless, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities of every kind and nature whatsoever, whether known or unknown, that are caused by, arise out of or are related to (a) your use or misuse of the Service, (b) your violation of these Terms of Use, and/or (c) your violation of any right(s) of any third party. You agree to promptly notify KFFE of any claim(s) and shall cooperate fully with the Company Parties in defending such claims. You further agree that the Company Parties shall have control of the defense or settlement of any third-party claims.
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Termination
We may terminate your license under these Terms of Use immediately and without notice if you fail to comply with any term or condition of these Terms of Use. After that termination, you agree to stop using the App and delete it from your devices. You may terminate these Terms of Use at any time by deleting the App from your devices or by deleting your Account. We reserve the right to suspend or terminate your access or use of the App to prevent unauthorized access to or use of, or the misuse or inappropriate use of the App.
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Resolution of Disputes
These Terms of Use are governed by and construed in accordance with the laws of Israel. You irrevocably agree that the applicable courts located in Tel-Aviv, Israel will have exclusive jurisdiction over any dispute which may arise out of or in connection with these Terms of Use in respect of any claim brought against us by you and will have non-exclusive jurisdiction over any claim brought against you by us. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act will not apply to this Agreement. THE PARTIES HEREBY WAIVE TRIAL BY JURY. You agree that this provision will survive termination or expiration of these Terms of Use. Any cause of action you may have related to your use of the App must be commenced within 1 year after the claim or cause of action arises.
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Electronic Communications
You agree to receive communications from us electronically, whether by email or through notices on our website or App. These electronic communications, including agreements, notices, disclosures, and other messages, satisfy any legal requirement for written communication. We may send you information about the App, support, payment transactions, updates about our App, parental educational content, and marketing information about new features or promotions (with your consent). We may also ask for feedback. If you receive marketing emails, you’ll find a link to unsubscribe if you want to opt out of those messages.
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Other Important Stuff
These Terms of Use, our Privacy Policies, and any additional terms posted on the App together constitute the entire agreement between you and us with respect to your use of the App. If a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use will continue in full force and effect. These Terms of Use may not be amended or modified, except as provided herein. These Terms of Use shall not be construed as giving any person or entity, other than you and us and our successors and permitted assigns, any right, remedy or claim in respect of the App or these Terms of Use. If one party doesn’t enforce any part of these Terms of Use, it doesn’t mean they’re giving up their right to do so later. Also, if a party waives a breach of these Terms of Use, it doesn’t mean they’re waiving any future breaches.
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Notice Regarding Apple
This sub-section only applies to the extent you are using our mobile application(s) on an iOS device in connection with the App. You acknowledge that this Agreement is between you and us only, not with Apple Inc. (“Apple”), and Apple is not responsible for the App and the content thereof. Your right to use the App in application form on an iOS device is limited to a non-transferable license to use the application on any Apple-branded products that the user owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. All such responsibility is allocated between us and you under this Agreement. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App and/or your possession and use of the App infringe third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the App. Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You agree that Apple is not responsible for any maintenance and support services in connection with the App. You hereby represent and warrant that (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (y) you are not listed on any U.S. Government list of prohibited or restricted parties.
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Notice Regarding Google
This sub-section only applies to the extent you are using our App on an Android device in connection with the Services. You acknowledge that this Agreement is between you and us only, not with Alphabet Inc. (“Google”), and Google is not responsible for the App and the content thereof. You agree that Google is not responsible for any maintenance and support services in connection with the App.
You can contact us via mail at: KFFE Kids Fun Exploration Experience Ltd., 10 Nahalat Yitzhak Street, Tel Aviv, Israel. You can contact us via email at contact@nick.academy.
Last Updated: [15/08/2024]