These Terms of Service ("Terms") govern your access to and use of the KidWhy website, mobile applications, and related services (collectively, the "Services") provided by KidWhy ("KidWhy", "we", "us", or "our").
KidWhy is a child-directed app designed for young children (approximately ages 3–7) to ask questions and receive age-appropriate explanations through voice and images. All accounts and purchases must be created and managed by a parent or legal guardian.
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
1. Who may use KidWhy
1.1 Parents and legal guardians
You may use the Services and create an account only if you:
- Are at least the age of majority in your jurisdiction (usually 18+), and
- Have the legal authority to accept these Terms on your own behalf and on behalf of any child you permit to use the Services.
By creating an account, you represent and warrant that you meet these requirements.
1.2 Children
KidWhy is designed for children around ages 3–7, but children may use the Services only under the supervision of a parent or legal guardian. Children do not create their own accounts.
As a parent or legal guardian, you are responsible for:
- Ensuring that the child's use complies with these Terms,
- Supervising the child's activity in the app, and
- Controlling access to the device and Services.
2. Accounts and registration
To access some or all of the Services, a parent or legal guardian may need to create an account.
You agree to:
- Provide accurate and complete registration information,
- Keep your login credentials secure and confidential,
- Not share your account with others (except your child whom you supervise), and
- Notify us promptly if you believe your account has been compromised.
You are responsible for all activity that occurs under your account, including any use by a child you supervise.
3. Child privacy & parental consent
KidWhy is a child-directed experience and may be subject to child privacy laws such as the Children's Online Privacy Protection Act ("COPPA") in the United States and similar laws in other jurisdictions.
Where required by law, we will take reasonable steps to obtain verifiable parental consent before collecting personal information from a child.
Our data collection and use practices are described in our Privacy Policy, which forms part of these Terms. By using the Services, you acknowledge that you have read and understood our Privacy Policy.
- Privacy Policy URL: https://kidwhy.app/privacy
If you do not agree with the Privacy Policy, you must stop using the Services.
4. Description of the Services
KidWhy provides an interactive experience where:
- A child can ask questions primarily using voice (no reading required),
- KidWhy responds with spoken explanations and images or simple visual presentations, and
- The content is intended to be age-appropriate and educational, but is not a substitute for professional advice, schooling, or parental guidance.
We may update, modify, or discontinue parts of the Services at any time, with or without notice, provided we comply with applicable laws.
5. Use of AI and third-party providers
KidWhy relies on third-party artificial intelligence ("AI") services, including but not limited to:
- OpenAI (for language understanding and generation), and
- Google's Gemini models (for language, vision, and related AI capabilities).
5.1 How AI is used
When a child uses the Services:
- Their voice recordings and/or transcripts of what they say may be sent to these third-party AI providers,
- The AI providers process this data to understand the question and generate an appropriate response,
- The result may be a spoken explanation and/or visual content (e.g., simple images that illustrate the concept).
We use these AI services as processors or service providers acting on our behalf, as described in the Privacy Policy.
5.2 AI limitations
You understand and agree that:
- AI-generated content may sometimes be incorrect, incomplete, or not perfectly age-appropriate, despite our safety measures.
- The Services do not guarantee factual accuracy or completeness.
- The Services do not provide medical, legal, financial, psychological, or other professional advice.
As a parent or guardian, you are responsible for reviewing and supervising your child's use of the Services and deciding how to interpret and use the information provided.
6. No ads & no third-party analytics in the child experience
KidWhy does not show advertising to children and does not include third-party advertising networks in the child-facing experience.
KidWhy does not use third-party analytics SDKs in the child-facing portion of the app. Limited analytics may be used in parent-facing areas or on our website as described in the Privacy Policy.
7. Acceptable use
You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:
- Use the Services in any way that violates applicable laws or regulations;
- Attempt to gain unauthorized access to the Services or related systems;
- Interfere with or disrupt the security, integrity, or performance of the Services;
- Use the Services to create, upload, transmit, or request content that is:
- Illegal, hateful, harassing, threatening, or discriminatory,
- Sexually explicit or otherwise inappropriate for children,
- Violent, graphic, or self-harm related,
- Intended to exploit, harm, or target minors;
- Reverse engineer, decompile, or attempt to extract the source code or underlying models, except as permitted by law;
- Use any automated system (e.g., bots, scrapers) to access the Services in a way that burdens our infrastructure;
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
We reserve the right (but have no obligation) to monitor use of the Services and to disable any account or access that violates these Terms or poses a risk to children, the Services, or others.
8. Content and intellectual property
8.1 Our rights
The Services, including all software, design, text, graphics, images, audio, video, and all other content (excluding user content), and any associated intellectual property rights, are owned by KidWhy or our licensors and are protected by copyright, trademark, and other laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Download and use the KidWhy app on permitted devices, and
- Access and use the Services for your personal, non-commercial use and for the benefit of your child.
You may not:
- Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Services or any part thereof, except as expressly permitted by these Terms or applicable law;
- Remove or alter any copyright, trademark, or other proprietary notices.
8.2 User content
"User Content" means any content you or your child provide through the Services, including voice recordings, questions, feedback, and other material.
You retain any rights you have in your User Content. By using the Services, you grant KidWhy a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, process, adapt, modify, translate, create derivative works from, and display User Content:
- To operate, maintain, and provide the Services,
- To develop and improve the Services and our AI systems,
- To ensure safety, security, and compliance with these Terms.
Where required by law, we will use de-identified, aggregated, or anonymized data for these purposes and comply with the age-appropriate consent requirements described in the Privacy Policy.
You are responsible for ensuring that your User Content and your child's use of the Services do not violate these Terms or applicable laws.
9. Subscriptions, payments, and refunds
If we offer paid features or subscriptions:
- Pricing, billing periods, and available plans will be described within the app or on our website.
- Payments may be processed by third-party payment processors (e.g., through the Apple App Store or other platforms). Those transactions are subject to the terms and policies of the relevant third party.
You agree to:
- Pay all applicable fees for the subscription or purchases you select,
- Provide and maintain accurate billing information, and
- Comply with any third-party store terms and refund policies (for example, the Apple App Store's rules on subscription management and refunds).
We may change our pricing or subscription plans, but will follow applicable laws and provide notice when required. Changes typically apply at the start of your next billing cycle.
10. Third-party services and links
The Services may include:
- Links to third-party websites or services, or
- Integration with third-party services (for example, app stores or sign-in systems).
We do not control and are not responsible for third-party content, services, or practices. Your use of third-party services is at your own risk and is governed by those third parties' terms and policies.
11. Disclaimers
To the fullest extent permitted by law, the Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory.
We specifically disclaim any and all warranties of:
- Merchantability,
- Fitness for a particular purpose,
- Non-infringement, and
- Any warranties arising out of course of dealing or usage of trade.
Without limiting the above, we do not warrant that:
- The Services will be uninterrupted, secure, or error-free,
- Any content (including AI-generated explanations or images) will be accurate, complete, or suitable for your particular needs,
- Any defects or errors will be corrected.
You understand that AI-generated responses may be incomplete, incorrect, or otherwise imperfect and should not be relied upon as professional advice or as a substitute for parental judgment or expert guidance.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
12. Limitation of liability
To the fullest extent permitted by law, in no event will KidWhy, its affiliates, directors, employees, or licensors be liable for any:
- Indirect, incidental, special, consequential, or punitive damages, or
- Loss of profits, revenue, goodwill, or data,
arising out of or in connection with your use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total cumulative liability for any claim arising out of or relating to the Services or these Terms will not exceed:
- The amount you paid to use the Services in the three (3) months immediately preceding the event giving rise to the claim, or
- If you have not paid anything, $50.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. In those cases, our liability will be limited to the fullest extent permitted by law.
13. Indemnification
To the extent permitted by law, you agree to indemnify, defend, and hold harmless KidWhy and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
- Your violation of these Terms,
- Your misuse of the Services,
- Your User Content,
- Your violation of any law or the rights of any third party.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense.
14. Termination and suspension
We may, at our discretion and to the extent permitted by law, suspend or terminate your access to the Services if:
- You materially or repeatedly breach these Terms,
- We reasonably believe your use poses a risk to the safety of children, to other users, or to the security of the Services, or
- We are required to do so by law or by a platform provider.
You may stop using the Services at any time and may cancel any paid subscription according to the instructions in the app or app store.
Upon termination of your access:
- Your license to use the Services ends immediately,
- Certain provisions of these Terms that by their nature should survive (such as ownership, disclaimers, limitations of liability, indemnity, and dispute provisions) will continue to apply.
15. Changes to these Terms
We may update or modify these Terms from time to time.
If we make changes, we will:
- Update the "Effective date" at the top, and
- Provide a notice in the Services and/or by email where required by law.
Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.
16. Governing law and dispute resolution
These Terms and any dispute arising out of or relating to them or the Services will be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of laws principles.
You and KidWhy agree to submit to the personal and exclusive jurisdiction of the courts located in [City, Country] to resolve any dispute arising from or related to these Terms or the Services, except where otherwise required by law.
Nothing in this section limits any rights you may have as a consumer under mandatory laws in your country of residence.
17. Contact information
If you have any questions about these Terms or the Services, you can contact us at:
- Email: support@kidwhy.app