Terms and Conditions

APPLATCH TERMS OF USE

Last Modified: February 2024

Applatchkids and its affiliates (“Applatchkids“, “we“, “us“, “our“) welcome you. This Terms of Use (“Agreement”) constitutes a legally binding agreement between us and any person or legal entity (“User”, “you”, “your”) concerning your access to and the use of our Services made available to you on our website or mobile application (“Platform”). You agree that by accessing our Platform, you have read, understood and agreed to be bound by this Agreement and our collection, storage, use and disclosure of your personal information as described in our Privacy Notice. If you do not agree with all the terms contained or referenced under this Agreement, you are expressly prohibited from using our Services or accessing our Platform.
If you have further enquiries on the terms set out under this Agreement, you may contact us at product@applatch.com

General Terms

1. 1. Version Control
    - We may make changes to this Agreement from time to time. When we do, we will revise the “Last Modified” date given above. Modifications are effective upon publication;
    - You waive any right to receive specific notice of each change and agree that it is your responsibility to review this Agreement frequently and to remain informed of any changes to it;
    - The current version of this Agreement will supercede all earlier versions and you agree that your continued use of our Services after such changes constitutes your acceptance of such modification;
    - All disputes arising in connection with this Agreement will be resolved in accordance with the version of this Agreement that was in effect at the time the dispute arose.

1. 1. Privacy Notice
    - By accessing our Platform or otherwise using our Services, you agree to be bound by our Privacy Notices, which is incorporated by reference into this Agreement and which is available here.

1. 1. Eligibility and Permissible Use
    - You may only create an account and use our Services, if you are above the age of 13. All Users who are below 13 years in the jurisdiction which they reside must have the permission of, and be directly supervised by their parent or guardian to use our Platform;
    - You may only use our Services in compliance with this Agreement including all agreements reference under it, as well as all applicable local, state, national and international law, rules and regulations;
    - You agree not to:
      – Make any unauthorised use of our Platform,or create Applatchkids account by automated means or under false pretences;
      – Trick, defraud or mislead us or other Users, especially in any attempt to learn sensitive account information such as User passwords;
      – Attempt to impersonate another User, Child or person or use the username of another User;
      – Sell or otherwise transfer your Applatchkids Account;
      – Systematically retrieve data or other content from our Platform to create or compile directly or indirectly, a collection, compilation, database, or directory without written permission from us;
      – Circumvent, disable or otherwise interfere with security-related features of our Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of our Platform and or the contents contained on them;
      – Make improper use of our support services or submit false reports of abuse or misconduct;
      – Interfere with, disrupt or create an undue burden on our Platform or the networks or services connected to our Platform;
      – Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of our Platform;
      – Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform or any portion of it;
      – Harass, intimidate or threaten any of our employees or agents engaged in providing any portion of our Services to you;
      – Copy or adopt our Platform’s software;
      – Upload or transmit or attempt to upload or transmit viruses, Trojan horses or other harmful material or software that interferes with any User’s uninterrupted use of our Platform, or modifies, impairs, disrupts, alters or interferes with the features, functions, operation or maintenance of our Platform;
      – Disparage, tarnish or otherwise carry out any activity which in our opinion is targeted at harming us.

Applatchkids Account

1. 1. As a Parent User of Applatchkid’s Services, you will be required to download the Applatchkids mobile application (the “App”)on your device from Google Play Store or Apple App Store or such other digital platform where the App may now or in the future be made available, and you will only be able to access our Service after signing up as a parent an Applatchkids Account. As a Parent using our platform, we will require the following information: email address, password and such other information we may require from time to time;
  2. In creating an Applatchkids Account for your child, we will require the following information such as your: first name of the Child, name of the device, Date of birth (not older than 12years) and password;
  3. After signup/creation, the Parent user is expected to pair and add child’s devices under Device Management. We will provide you with User support in resolving general issues relating to the set up and the use of your Applatchkids Account;
  4. As a parent, you understand and agree that you are only able to gain access to the features on the App and use our Services to monitor your Child’s activities after you have updated you and your child’s device’s settings to enable permission, limit screen time, set up notification, track location and grant the App usage data permission;
  5. You also agree that the device on which the App is installed will also contain all applications you intend to restrict or manage access to and their usage;
  6. Your account presents you with a dashboard where you can select to use the App for child’s use, or for parental use. After expiration of the 14 days free trial period, your use of the App in either of these capacities is subject to the payment of the Applicable fees and the provision of this Agreement;
  7. You are responsible for maintaining an effective system for the security and control of your account. You agree that you are solely responsible for all activities that occur on you and your Child’s account and Applatchkids will not be liable for any loss you may incur by reason of any unauthorised use of your account or your child’s account;
  8. You must notify us promptly of any unauthorised use or security breach of your Account or our Services;
  9. You agree and accept that Applatchkids may suspend your access to you and the Child’s account if we believe that it is being compromised, and may request such information that we believe is necessary for the purpose of restoring your account. You accept to ensure the accuracy and completeness of such information once requested.

Applatchkids Services

1. 1. We provide you access to our technology through the Applatchkids App that helps you to manage your Child’s device,track child’s location, limit screen time, enable content and website filtration, SoS alerts,prompt notification for sensitive messages, restrict and deny certain mobile application installation, and allow for mathematical games (our “Services”);
  2. By using our App and granting permission through the settings on your child’s Applatchkids Account, we enable you to lock certain applications installed on your Child’s device, other than system applications and may further grant the Child access to educational quiz grade with scores as a determination to unlock apps;
  3. You are allowed to utilise our Service upon creating an Applatchkids Account and when required, on the payment of the applicable fees, set out in our Fees and Pricing Page;
  4. On the satisfaction of the conditions set out in clause 3.3, we grant you a non-exclusive , non-transferable and revocable licence to the use of our Services, provided at all times that your access to the Services are subject to the provision of this Agreement and all Applicable Laws;
  5. You must access and use our Services only for legal, authorised and acceptable purposes and you agree not to use or assist others to use our Services in ways that violate, misappropriate or infringe our rights or the rights of other Users and neither shall you impersonate another;
  6. You understand and agree that, while we exert our best efforts in providing a seamless service to you, we do not warrant that our Services will be uninterrupted or error free. Our Services may experience occasional delays or interruptions which are outside of Applatchkid’s control and you agree that we will not be liable for any loss or damage you may incur by reason of such delays or interruptions;
  7. You understand that we do not warrant that we will correct any defect or errors in our Services or Platform. You are solely responsible for any loss or damage to your property, resulting from accessing, using or downloading files from our Platform;
  8. You understand that we may make changes to our Services and our Platform, therefore, we may expand, add or remove our Services, features functionalities and the support of certain devices and platforms;
  9. When we make changes to our Services and Platform we shall provide you with notice of such changes. We shall not implement any change which we believe will materially reduce the functionality and effectiveness of our Service, except where such a changes is necessary as a result of:
    – The need to follow the generally acceptable commercial standards in the industry in which we operate;
    – The need to ensure the security of the Child or as required by the privacy laws protecting the Child;
    – A need for increased security measure, as a result of such risks identified by us;
    – A change in all laws, regulations, directives issued by the government or regulatory authority, which is applicable to the subject matter of this Agreement or the nature of our business;
    – Other grounds which we deem to be reasonable.
  10. You agree that when we make changes to our Services, you shall make use of our Platform and Services in accordance with such modifications we may make to it, and we continue to maintain proprietary rights to the previous model.

Your use of Applatchkid’s Services

1. 1. General
    - In using our Services, you will be required to select all mobile applications installed on child’s device, which you intend to limit access to and monitor their usage;
    - You will also be required to grant permission on the child’s device to activate content and website filtration;
    - You will be required to grant access to track the location of your child using the device;
    - At any time during the subsistence of this Agreement, you may remove or add to such apps, by using the settings features on the Applatchkids App.
    - You are only allowed to restrict four apps. However your right to restrict more applications will depend on the subscription plan you elect to opt for.

The lock App feature

1. 1. By using the Lock App feature, your child’s device will only be unlocked upon playing educational quizzes such as test to voice features or gamification. presented with two interfaces that allows you to lock certain apps on your child’s device and sets a ‘daily access limit’ of three hours
    - The lock by setting a daily limit interface allows you to set the number of hours or minutes which your child can access the app daily (“ session questions”) and once the time set of 60 minutes is exhausted, your child becomes immediately locked out of this app and is allowed to access an educational quiz (goal). Upon the attainment of the goal, the child is allowed access to the app for another one hour until the daily limit of three hours is exhausted. Under the subscription plan, you understand that you reserve the right to increase or decrease your child’s preset daily limits by assessing the settings feature on the Applatchkids App on your Child’s device;
    - Appalatchkids bears no liability, for any loss you may incur by utilising this feature and you agree that you are solely liable for all associated risks.

1. 1. Other features
    - You may use the App to track your child’s website activities, filter content available to your child, set mathematical goals, track your child location, and alert for sensitive messages received on the child’s device. In the event that your desired features do not fall under the free trial plan, you may use the customise tab to create a new goal for your child. This feature is categorised as a premium service.
    - The free trial is available for only 14 days afterwards, Users are expected to subscribe to this App

Intellectual Property and Licence

1. 1. Our platform and all source code, database, functionality, software, website designs, texts photographs, as well as the trademarks, service marks and logos contained on it are unless otherwise indicated our proprietary right, and is owned, licenced or controlled by us (Applatchkid’s IP) and are protected by all national and international laws on intellectual property and proprietary rights and all rights in such Applatchkids IP not expressly granted to you are reversed;
  2. You are granted a non-exclusive and non-transferable licence to electronically access and use Applatchkid’s IP, which you have properly gained access to, only for the limited purpose of this Agreement;
  3. We do not sell to you, and you shall not adapt, distribute, display, publish, reverse engineer, disassemble, decompile or otherwise attempt to create any source code that is derived from our Platform or the use of our Services;
  4. You understand and agree that you do not have the right to sublicense, claim or register ownership of Applatchkid’s IP or transfer or attempt to transfer it to a third party;
  5. Applatchkids does not claim ownership of the information that you submit of yourself and child for your Applatchkids Account or through our Services. You must have the necessary rights as a parent or authorised guardian of such Child’s information that you submit for your Applatchkids Account or through our Services and the right to grant the rights and licences in our Agreement;
  6. In order to operate and provide our Services to you, you grant Applatchkids consent to collect and process child’s information, grant a non-exclusive, royalty free and transferable licence to use and otherwise act on the information that you upload, submit or store through our Services;
  7. The rights you grant under clause 6.6 above are for the limited purpose of operating and providing our Services to you.

Third-Party Accounts

1. 1. As part of the functionality of our Platform, we may be able to link your child’s Applatchkids Account with online accounts your child have with third party service providers (Third Party Accounts);
  2. You undertake that you grant us access to your child’s Third Party Accounts without breach by you of any of the terms and conditions that govern your child’s use of the applicable Third Party Account without obligating us to pay any fees or by making us subject to any usage limitations imposed by the third party service provider of the Third Party Accounts;
  3. You agree that by granting us access to such Third Party Accounts we may impose restrictions that limit your Child’s access to such account and we shall not be liable for any penalty or loss you may incur under the agreement you have with the third party service provider by reason of such restriction;
  4. Depending on the Third Party Account you choose and subject to the privacy settings that you have set in such Third Party Account, you agree that we may use personally identifiable information available on such Third Party Account for the purpose of providing our Services to you, and our use of such personally identifiable information shall be subject to our Privacy Policy;
  5. You will have the ability to disable the connection between your Applatchkids Account and such Third Party Account at anytime through the settings feature on your Applatchkids Account;
  6. You agree that your relationship with the third party service providers associated with your Third Party Accounts is governed solely by your agreements with such third party service providers and such agreement is independent of this Agreement.

Fees and Pricing

1. 1. We provide some of our services freely and without a charge (“freemium services”) while some of our services are available on the payment of a fee (“premium services”)
  2. Your use of our premium services is subject to the payment of a fee (“Applicable Fee”) which is made available on our Fees and Pricing page, and which is incorporated into this Agreement by reference;
  3. All Applicable Fees are exclusive of all taxes, customs, duties, fees and other charges ((“Taxes”) that may be imposed by law or any government; authority on the Services we provide to you under this Agreement;
  4. You understand and agree that you are responsible for all carrier data plans, internet fees and other fees and taxes associated with your use of our Services; We reserve the right to revise the Applicable Fees at any time, however, when we do, we will give you a 7 days written notice before implementation;
  5. You understand that your use of our Services after the expiration of the 7 days notice makes you obligated to pay all the revised Applicable Fees as at when due;
  6. In the event that this Agreement is terminated in accordance with the provision of this Agreement all paid Applicable Fees shall be non refundable and all unpaid Applicable Fees shall become immediately payable.

Representations and Warranties

1. 1. By accessing and using our Services, you represent and warrant to us that:
    - You have the legal capacity to enter into this Agreement and perform your obligations as provided under this Agreement and all agreements referenced under it, in the jurisdiction where you use the Service we provide to you;
    - You have the legal capacity to provide consent for us to collect and process the information of the Child for the purpose of providing the Services.
    - You will only use our Services in accordance with the provision of this Agreement and all laws applicable to the substance of this Agreement and our Services;
    - You have the capacity to provide all the information submitted by you, and shall ensure their accuracy and completeness;
    - You agree to provide us with updates to such information as referenced when there are changes to them;
    - You will Install such updates to our App, which we may require from time to time;
    - You shall Download and get access to our App only through such platforms where we offer it to the public;
    - Your use of our Services and consent to this Agreement does not violate the provision of any agreement which you have with a third party;
    - You will make payment of all Applicable Fees and pay all Taxes that may be imposed by the law, within the time set for payment;
    - You will not access our Platform through automated or non-human means whether through a bot, script or otherwise;
    - You shall not make our App available over a network or other permitting access of use on multiple devices or users at the same time;
    - You shall not misuse any proprietary information or any of our interfaces or our intellectual property in the design, development, manufacture, licencing or distribution of any applications, accessories or devices for use with the App;

1. 1. Applatchkids represents and warrants that;
    - We have the legal capacity to enter in this Agreement and have have obtained the requisite licences and permits necessary to provide our Services to you;
    - Our use of you and your child’s data collected in accordance with this Agreement, shall be governed by our Privacy Notice;
    - To the best of our knowledge, none of our Services violates any law or regulation for the time being within the jurisdiction where we have our principal place of business;
    - We shall use our best efforts to provide our Services which you have subscribed for.

Indemnity

1. 1. You agree to defend, indemnify and hold Applatchkids and its affiliates harmless to the maximum extent permitted by law, against any loss, damage, liability, claim, demand, fees and expenses made by any third party as a result of:
    - Your access to or use of our Services, including information and contents provided in connection with it;
    - Your breach of this Agreement, any applicable law or the representations and warranties made under this Agreement;
    - Any misrepresentation made by you;
    - Violations of the rights of a third party or other Users;
  2. You agree to cooperate as full as required by us and at your own expense in the defence or settlement of any third party claim;
  3. All indemnities shall include all accruable interests and shall be paid immediately to o us at our demand.

Disclaimer and Limitation of Liability

1. 1. You use our Services at your own risk and subject to the following disclaimers we are providing our Services on an “as is” basis without any express or implied warranties, including but not limited to fitness for purpose, non infringement and freedom from computer virus or other harmful codes;
  2. We do not warranty that any information provided by us is accurate, complete or useful or that our Services will function without disruptions, delays or imperfections;
  3. We do not control and are not responsible for controlling how or when our Users use our Services or the features, Services and interfaces that our Service or Platform provides;
  4. We are not responsible for and are not obligated to control the actions or information of our Users or other third parties;
  5. We will assume no liability and you release us, our representatives, affiliates, directors, officers employees from any liability or responsibility for any:
    - Errors, mistakes or inaccuracies in any feature on our Platform or our Platform itself;
    - Personal injury or property damage, of any nature whatsoever resulting from your access to and the use of our Platform and Services;
    - Unauthorised access to or use of our secure servers and or any and all personal information and financial information stored there;
    - Interruptions or cessation of transmission to or from our Platform;
    - Errors or omissions in any content and material or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through our Platform;
  6. This clause shall apply whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis. Notwithstanding if Applatchkids had been advised of the possibility of such damage, this clause shall apply to the fullest extent permitted by law;
  7. If you are a United States resident or subject to the laws of the United States, you waive any rights you may have under California Civil Code §1542, or any other similar applicable statute or law of any other jurisdiction which provides that; a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favour at the time of executing the release and that if known by him or her would have materially affected his her settlement with the released party.

Confidentiality

1. 1. Each party to this Agreement agrees to maintain in strict confidence and to use only for the purpose of this Agreement all information disclosed by a party to the other party which is designated to be confidential and which, given the nature of the information should be confidential (“Confidential Information”);
  2. A party in receipt of the Confidential Information shall exert the same degree of care as they would in the protection of their own Confidential Information;
  3. The obligation for confidentiality as provided under this Agreement shall subsist throughout the term of this Agreement and survive the termination of the Agreement, provided at all times that the obligation shall not be imposed where:
    - The Confidential Information is made available to the public through no fault of the party in receipt of the information;
    - The disclosure of the Confidential Information is required by a lawful authority or where the recipient of the Confidential Information has an obligation under an applicable law for the disclosure of the information.

Term and Termination

1. 1. This Agreement shall come into force from the date you consent to the terms set out under this Agreement or use our Services through any of our Platforms and shall subsist for the duration of time you elect to subscribe to on the payment of the Applicable Fees or until terminated in accordance with this clause;
  2. This Agreement may be terminated by you when you close your Applatchkids Account and cease to use our Services. You understand that by using our Services again after termination or by registering another Applatchkids Account you are consenting again to this Agreement;
  3. We may suspend your Applatchkids Account or terminate this Agreement, when:
    - In our sole discretion we find you to be ineligible to use our Services;
    - We are required to do so by any law or lawful authority;
    - You use our services in a manner contrary to this Agreement or any applicable law;
    - Whenever, we are entitled to do so under this Agreement or an applicable law;
  4. Notwithstanding the termination of this Agreement, any provision of the Agreement that gives rise to continued obligations of the parties shall survive this Agreement and which includes without limitation; Clause 1.3, Clause 5, Clause 7.6, Clause 6, Clause 9, Clause 10, Clause 11, Clause 12;
  5. The termination of this Agreement by you or us shall revoke all licences granted by us to you under this Agreement.

Governing Law

1. 1. Except to the extent that it is inconsistent with this Agreement and without regard to the principles of conflict of law, this Agreement, its subject matter and formation is governed by Nigerian Law;
  2. In the event that there is a disputed claim or controversy arising out of or in connection with this Agreement or your use of our Services and Platforms, you agree to first contact us in writing to resolve the dispute informally by negotiation;
  3. Where such dispute is unresolved by you or us within a period of 30 days, then it shall be finally and exclusively resolved by arbitration, which shall be governed by the Arbitration and Conciliation Act Cap A18 LFN 2004;
  4. The arbitration shall be before a single arbitrator jointly appointed by the parties, whose appointment shall be made within 14 days of filing the notice of arbitration. Where the parties fail to make an appointment within 14 days of filing the notice, the arbitrator shall at the request of any of the parties be appointment by the Chairman of the Lagos Chamber of Commerce
  5. The seat of the arbitration shall be in Lagos State, Nigeria and the language shall be English;
  6. It is agreed by both parties that neither you nor us, shall have the right to litigate such dispute, claim or controversy in a court of law before resorting to arbitration.

Additional Terms

1. 1. Assignment: You may not assign this Agreement or any right granted under this Agreement without our written consent.
  2. Severalility: Where any provision of this Agreement is found to be incompatible or in violation of any provision of the law, within the jurisdiction of the application of this Agreement, such provision shall be severed from this Agreement and shall not affect the validity and subsistence of other provisions of this Agreement, which shall remain valid.
  3. Waiver: :No neglect, delay or indulgence by either party in enforcing any provision of this Agreement shall be deemed to be a waiver of any right to pursue a remedy under this Agreement.

Electronic Communication

1. 1. By accessing and using our Services, you consent to receiving electronic communications and all notices, disclosures and other communications we provide to you electronically through emails, or through our Platform satisfies any legal or contractual obligation for written communications.

Beta Testing

1. This clause will apply to you, if you assent to this Agreement before the release date of the full feature of our services;
2. You may be granted access to some of our services covered under this Agreement; particularly the parental control and the group latching functionality, before the launch date (“beta version”)
3. Beta versions of the App are made available to you on “as is” basis, without any warranty of any kind and subject to the conditions set out under this heading. The beta versions are for the purpose of assisting Applatchkids in testing the functionality or compatibility of such features (“beta test”), and you agree to provide us with accurate and truthful information about your user experience when we require them (‘contributions’);
4. Beta tests are confidential and you agree not to make public statements about any service provided to you as part of a beta version.
5. Your participation in beta tests are voluntary and you understand that you have no right to the beta versions of our services or the right to create derivative works based on them. You grant us a royalty free, perpetual and transferable right to the contributions you provide to us.