These Terms of Use were last updated on January 12th, 2021.

Terms of Use

Welcome to IntellectoKids, a studio of designers, developers, artists and instructors building a suite of educational mobile applications for kids.

Intellecto LLC, a Delaware limited liability company, with company number 6016040 whose registered office is at 919 North Market Street, Suite 950, City of Wilmington, New Castle 19801, Delaware, the USA. (“IntellectoKids”, “we”, “us” and “our”), welcomes you to use our website https://intellectokids.com/ and any additional websites owned and operated by us and our affiliates (collectively, the “Website”) and our downloadable mobile and tablet applications (the “Apps”).

The following Terms and Use (the “Terms”) govern your use of the Website, Apps and our other services provided through them (which shall hereinafter be referred to as our “Services”). The following policies also apply to your use of our Services (and are incorporate herein by reference):

our Subscription Policy for certain of Services provided by us;
our Refund Policy relating to the offered subscriptions;
our Privacy Policy, which explains how we may collect and use your personal data; and
our Cookie Policy, which sets out information about the cookies on our Website.

Within our Services, we may introduce certain features that are subject to additional guidelines, terms or rules. All such additional rules are incorporated in these Terms by reference.

These Terms set forth herein form legally binding agreement for your use of our Services whether you are “visitor” (which means you are just browsing the Website and/or an App) or “Downloader” (which means you have actually downloaded an App). Visitors and Downloaders are collectively referred to as “Users” or individually as a “User” or “you”.

By accessing the Website, downloading an IntellectoKids App or continuing to use our Services, you acknowledge that: (1) you are at least 18 years of age or any older legal age required to form a contract in your jurisdiction; (2) you have the right, authority and legal capacity to enter into an agreement with IntellectoKids as set out herein; (3) you have read, understood and agree to be bound by these Terms with respect to yourself and any minor child authorized by you.

Your agreement with us regarding compliance with these terms becomes effective immediately upon commencement of use of our Services, including visiting https://intellectokids.com/ . If you (or your parent/legal guardian) do/does not wish to be bound by these Terms, please exit the Website/App now and do not access or use our Services.

You should note that we may make changes to these Terms from time to time. These changes will be effective from the moment they are posted on our Website and/or App, so it is your obligation check these Terms from time to time to make sure you are happy with them when using our Services. Your continued use of our Services will be taken as your acceptance of the amended Terms.

If you have any questions, please contact us at support@intellectokids.com.

A Note About Children

The Apps are designed for the whole family, including young children under parent supervision. The Website is just for parents. We share your concern for the privacy of children and do not knowingly collect any personally identifiable information about children through the Apps. We do use third party analytics services that collect anonymous information about usage of our Services as more fully described in our Privacy Policy.

User Account

In order to create a user account, you are required to provide your email address. We may, in the future, require you to also provide your first name, last name, country and any other requisite information that will allow us to improve our Services.

By setting up a user account, you confirm that you will:

not provide us with any false information;
keep your contact information accurate and up-to-date; and
not share your login details.

You may not assign or otherwise transfer your user account to any other person without our prior written consent. Without our consent, you may not divest any of your rights, responsibilities or obligations under the Terms. Any attempt to do so shall be void and of no effect.

You shall have no ownership or other property interest in any account or user profile, and you further acknowledge and agree that all rights in and to any account or user profile are and shall forever be owned by and inure to the benefit of IntellectoKids.

It is hereby acknowledged that we may refuse to register any User for any reason, at our sole discretion.

Conditions of Use

You are solely responsible for your conduct when using our Services and agree not to:

Publish, post, upload, transmit, distribute, disseminate or otherwise make available when using our Services any:
- pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
- material that is harmful, abusive, defamatory, libellous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by IntellectoKids in its sole discretion;
- material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;
- files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of our Services, other users’ access to the Services and/or other users’ computers.
Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.
Violate any applicable laws or regulations, or promote or encourage any illegal activity.
Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or an IntellectoKids representative.
Gain or attempt to gain unauthorized access to our Services other user’s account or profile information, or to computer systems and/or networks connected to our Services.
Make false reports through our Services or to IntellectoKids’s administrators.
Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on IntellectoKids’s (or its affiliates’ or third party providers’) infrastructure.
Engage in fraudulent transactions.
Establish more than one IntellectoKids user account.
Use our Services for any form of wagering or gambling.
use our Services for commercial purposes or in any way that is unlawful, or harms IntellectoKids or any other person or entity.

You are also solely responsible for your interaction with other users of our Services, whether online or offline. You agree that IntellectoKids is not responsible or liable for the conduct of any User. IntellectoKids reserves the right, but has no obligation, to monitor or become involved in disputes between you and other Users. You are expected to exercise common sense and your best judgment when interacting with other Users, including when submitting or posting content or any personal or other information.

You shall comply with these Terms at all times. We may terminate and/or suspend your use of our Services for violation of these terms of use or violation of any other policy related our Services (including the policies of affiliates accessible by the Services). Without limiting the foregoing, your access to our Services may also be terminated without warning if we believe, in our sole discretion, that you are under the age of eighteen (18) years and do not have your parent’s or guardian’s permission to register for and/or access our Services.

Paid Subscriptions

IntellectoKids provides subscription-based Services that are only available to Users that have purchased a licensed subscription to use the certain features of the Apps that are not readily available to all Users (such purchaser shall hereinafter be referred to as a “Subscriber”).

The subscription terms for each App are set out in the following link: https://intellectokids.com/subscription-policy.

Our Refund Policy is set out in the following link: https://intellectokids.com/refund-policy.

You should note that with respect to any Service, including a Service that you Subscribed for, we reserve the right to terminate, suspend, or change any Service or feature of our Services at any time, for any reason or no reason, with or without notice. You agree that we shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension or change. However, you may be entitled to a refund if such refund is payable to you under our Refund Policy.

A Note to International Users

Our Services can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that we intend to announce such services or content in your country. We make no representations that services are appropriate or available for use in your country. Those who access or use our Services from the jurisdictions where we do not operate do so at their own volition and are responsible for compliance with local law.

Apple App Store Acknowledgement

This paragraph is intended to apply to you if you have downloaded the App(s) from the Apple App Store.

IntellectoKids and you acknowledge that these Terms are concluded between IntellectoKids and you only, and not with Apple Inc. (“Apple”), and as between IntellectoKids and Apple, IntellectoKids (and not Apple) is solely responsible for the Services and the content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support our Services. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/internet-services/itunes/us/terms.html#APPS). You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

These Terms incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple (located online at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/). For purposes of these Terms, our Services are considered the “Licensed Application” as defined by the LAEULA and IntellectoKids is considered the “Application Provider” as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, the terms of these Terms shall control.

Intellectual Property Information

“Content” is defined as all digital material including, without limitation, information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation and other material and services that a User can view on, access through, or contribute to our Services. This includes support forums, message boards, chat, and other original content.

IntellectoKids Content

IntellectoKids owns, or has a license to, all right, title and interest in the Content it makes available through our Services (the “IntellectoKids Content”). Except for any rights specifically enumerated as being licensed to you hereunder, we reserve any and all of its rights to the IntellectoKids Content. You are only permitted to use the IntellectoKids Content as expressly authorized by us or the specific Content provider.

By use of our Services you acknowledge, agree and otherwise consent not to:

Market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Website, Apps, Services or Content in any way inconsistent with the rights of use provided by IntellectoKids herein.
Remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of IntellectoKids.
Attempt to access source or object code of the Website, Apps or Services, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language.
Amend, change, modify (including the creation of any derivative or other works) our Services.
Create code, software or other program that incorporates any elements of our Services.
Attempt to hack into, compromise or otherwise access the object or source code of our Services for any purposes, personal or commercial.
Interrupt or attempt to interrupt the operation of our Services in any way.

The above restrictions shall apply also in the event where you permit another person or entity to engage, or otherwise be related to or a part of, the said restricted activities.

Your Content

By submitting Content to IntellectoKids, you represent that you are the owner of all intellectual property rights in such Content (or have sufficient rights to submit the Content to IntellectoKids without infringing the rights of any third-party).

We do not claim any ownership rights in any Content that you submit or offer to us when you use our Services, however you acknowledge and agree that by the act of submitting Content to us when using our Services you automatically grant us a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to:

Use, reproduce, distribute, remove, and analyze any of your submitted Content as we may deem necessary or desirable for any purpose in connection with the operation of our Services.
Copy, modify, and reproduce your Content for marketing, promotional and/or other purposes in connection with IntellectoKids or our Services in any media.
Use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other User in connection with any feature of our Services.
Delete any or all of your Content from our Services, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party.
Enable our Services or Users of our Services to share or post your Content on third party sites, such as, without limitation, on social networking sites.

Your Ideas

To the extent that you submit, via our Services or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for our Services, you agree that such Ideas are non-confidential and non-proprietary, and that IntellectoKids shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant IntellectoKids, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in our Services, or any IntellectoKids product or service, without compensation or accounting to you and without further recourse by you.

Procedure for Alleging Copyright Infringement

IntellectoKids will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act.

Notification of Alleged Copyright Infringement

If you believe in good faith that materials hosted by IntellectoKids infringe your copyright (for example, materials posted by a User on our Services), you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:

Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on our Services are covered by a single notification, you may provide a representative list of such works on our Services, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them.
Identification of the URL or other specific location on our Services that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them.
Your name, address, telephone number and email address (if available).
The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice will not be valid.

You must submit any notification of an alleged copyright infringement to IntellectoKids’s DMCA Agent by fax, mail, or email as set forth below:

919 North Market Street, Suite 950, City of Wilmington, New Castle 19801, Delaware, the USA. Email: copyright@intellectokids.com (with the subject line “Copyright Policy – DMCA Notification”).

You should note that the above contact information is for DMCA notifications and counter notifications only. All other inquiries directed to the DCMA agent will not be answered.

Please note that you may be liable for damages, including court costs and attorneys’ fees, if you materially misrepresent that materials on our Services are infringing a copyright.

Counter Notification

If you believe in good faith that your own copyrighted material has been removed from our Services as a result of mistake or misidentification, you may submit a written counter notification letter to our DMCA Agent pursuant to Sections 512(g)(2) and (3) of the DMCA. To be an effective counter notification under the DMCA, your written correspondence must include substantially the following:

Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
A statement that you consent to the jurisdiction in which your address is located, or the judicial district where IntellectoKids is located if your address is outside the United States.
A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent.
Your name, address and telephone number.
A statement that you swear under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, or that the material identified by the complaining party has been removed or disabled at the URL or Site location and will no longer be shown or accessible.
Your physical or electronic signature.

You acknowledge that if you fail to comply with all of the requirements of the above requirements, your DMCA counter notification will not be valid.

You may submit your counter notification to our DMCA Agent by fax, mail, or email as set forth below:

919 North Market Street, Suite 950, City of Wilmington, New Castle 19801, Delaware, the USA. Email: copyright@intellectokids.com (with the subject line “Copyright Policy – DMCA Counter Notification”).

This contact information is for DMCA notifications and counter notifications only. All other inquiries directed to the DCMA agent will not be answered.

If a counter notice is received by our DMCA Agent, we may send a copy of the counter notification to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the copyright owner files an action seeking a court order against IntellectoKids or the User, the removed content may be replaced or access to it restored by us.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.

Account Termination Policy

Please be aware that it is our policy to terminate the user accounts of repeat infringers. If you believe that a User is a repeat infringer, please follow the requirements above, but also include information or evidence that will reasonably prove to us that the user is a repeat infringer.

If you provide us with false information regarding any of the above notifications, counter-notifications or repeat infringer notifications, we may immediately terminate your user account and you may be subject to legal and equitable remedies.

Third Party Websites and Information

Our Services may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under our control, and you acknowledge that IntellectoKids is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is IntellectoKids responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.

Our Services may, at some point, include advertisements for parents, which may be targeted to the content or information on our Services, queries made through our Services, or from other information. The types and extent of advertisements on our Services are also subject to change over time. In consideration of us providing you with our Services, you agree that we and our third-party providers and partners may place advertisements on our Services or in connection with the display of content or information on our Services. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

Disclaimer

You expressly acknowledge and agree that the Services are provided on an “as is” basis and to the extent permitted by law, without warranties of any kind, including as to their quality, reliability, availability, or fitness for any particular purpose. You understand that you download the Apps and use our Services at your own risk.

You should note that the Apps requires either an Apple iOS device running iOS 10.0 or higher, or an Android OS device running Android OS 9.0 or higher. From time to time, we may automatically update the Apps and change our Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the Apps for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Apps and our Services or your continued use might not be at optimum efficiency.

Although it is our intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

Limitation of Liability

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

However, we exclude all implied conditions, warranties, representations or other terms that may apply to our Services or any Content provided in connection with them.

IntellectoKids will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

Use of, or inability to use, our Services.
Use of or reliance on any Content provided in connection with our Services.

In particular, we will not be liable for:

Loss of profits, sales, business, or revenue.
Business interruption.
Loss of anticipated savings.
Loss of business opportunity, goodwill or reputation.
Any indirect or consequential loss or damage.

Furthermore, we are not liable for the actions or inactions of other Users, or for any events beyond our reasonable control.

In no event shall our total liability to you in connection with the Services for all damages, losses and causes of action exceed the lesser of the subscription fee paid by you or USD $100.

You agree that any claim you may have arising out of or related to your relationship with IntellectoKids must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Indemnification

You agree to defend, indemnify, and hold IntellectoKids and our affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney’s fees, that arise from (a) your use of, or activities in connection with our Services, or those of any child authorized by you; (b) any violation of these Terms by you or any child authorized by you; or (c) any allegation that any Content that you or any child authorized by you make available via our Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

Technical Support

If you are having a technical problem with the Services, including any App, you may ask for technical support by writing to support@intellectokids.com. When writing to us, please be sure to tell us which App you are using, where in the App it crashed, and the device you’re using. We’ll do our best to help you solve any technical problem, but we do not warrant, and specifically disclaim, that we will be able to resolve all technical issues.

Miscellaneous

Governing Law

The laws of the State of Delaware (the USA), excluding its conflicts of law principles, govern these Terms and your use of the Service.

Assignment

We may assign, transfer or sublicense these Terms, in whole or in part, at any time to any other legal entity.

You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms.

Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. All correspondence shall be written in the English language. Notices to IntellectoKids must be sent to the attention of Customer Service at support@intellectokids.com (if by email), or to the address below if by conventional mail (if via conventional mail). Notices to you may be sent to the email or mailing address supplied by you as part of your account or User profile, if any. In addition, we may broadcast notices or messages through the Services to inform you of changes to our Services or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

You may contact IntellectoKids at the following address:

919 North Market Street, Suite 950, City of Wilmington, New Castle 19801, Delaware, the USA.

Severability

Each of the paragraphs of these Terms operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable the remaining paragraphs will remain in full force and effect.

Rights of Third Parties

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

No Waiver

Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your being in breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by IntellectoKids with respect to such use. 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.