E-SIGN CONSENT,
CARDHOLDER AGREEMENT, AND PRIVACY NOTICE
BUSYKID INC.
PRIVACY POLICY & TERMS AND CONDITIONS
These
are the BusyKid Privacy Policy as well as the Terms and Conditions. We
combined the two articles for your convenience.
Last
Updated: August 26, 2025
BusyKid, Inc. (“BusyKid”, “we”, “us”, or
“our”) recognizes the importance of privacy. In this Privacy Policy, we
describe how we collect, use, and disclose information that we obtain about
users of our website www.busykid.com (the
“Site”), the BusyKid application (the “App”), and the services available
through our Site and App (the Site, App, and services available through them
are, collectively, the “Services”). Our App is available directly from us under
the BusyKid brand, but also available from our authorized licensors with these
third-party’s branding. Examples of some third-party-branded versions of the App
that may be available include: State Bank Kids, Gainey Business Bank E&L, USB SeedMoney, Panhandle First: Learn & Earn, and First Bank Hampton NextGen.
This Privacy Policy describes how BusyKid collects, uses, and discloses information that BusyKid
obtains from your use of the App, regardless of how accessing. Where you access through one of our
authorized licensors, additional terms may apply between the third-party
licensor and you. Please carefully review all appliable terms, including any
such third-party licensor terms, before downloading and using the App.
We are not responsible for the privacy practices of
our third-party licensors or any other third-parties.
1. Contents
& Summary
A table summarizing the contents of this
privacy policy (“Privacy Policy”) appears below, followed by the policy in
full. Should there be any discrepancy
between the table and the full Privacy Policy, the language of the full Privacy
Policy shall govern.
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By using the Site and the App
you expressly consent to our collection, use, disclosure, and retention of
your personal information and other information as described in this Privacy
Policy. Your use of the Site is also
governed by the Terms
and Conditions. |
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We collect
the following information when you use the Site. |
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(a) Information We Collect Directly from Parents: When you create an account or profile on the Site, you
voluntarily give us personal information. |
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(b) Information We Collect from Third Parties: Family relatives or
others you invite to be financial contributors may also give us personal
information to sign up for our newsletters and other communications. |
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(c) Information We Collect Automatically: We automatically collect information about all the users’
use of our Site or App, including log information and transaction and payment
history. |
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(d) Combining Information Collected: We may, on occasion, combine information from outside
sources to customize your experience on the Site.
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(e) Information We Collect about Children under 13: We will collect information about a child’s activities
within our Site or App in association with their username or other
identifier. Prior to doing so, we obtain verifiable parental consent pursuant
to Children’s Online Privacy Protection Act (COPPA).
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We use
information collected from you to operate our Services and contact you. We
use your information to: (1) improve our Services; (2) tailor content; (3)
market with you (4) communicate with you and your children; (5) research; (6)
protect rights and interests; and (7) comply with legal obligations. |
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We may share
your personal information and other information we collect with the following
entities: (1)
other BusyKid users; (2) our corporate family; (3) our service providers; (4)
brand entities; (5) legal and law enforcement; and (6) if you are using
through one of our white-label third party licensees, that licensee. |
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We use
tracking technologies (including cookies) to recognize you, protect your
privacy and customize your experience on the Site. You consent to our tracking of your video
viewing through the Site or third party social
media. |
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We use
third-party analytics companies, like Google Analytics, to evaluate use of
our Services and help us improve your user experience. These entities may use
cookies and other tracking technologies to perform these services. |
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If you are a
California resident, you may request information about our practices related
to disclosing your personal information. |
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Our Site and
App do not respond to Do Not Track signals. |
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We are not responsible for the
privacy practices of third party websites that are
linked to our Site. |
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We protect your personal
information using reasonable security measures. |
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You may update or delete the
personal information we have about you or your child by accessing your
profile on our Site or App. You can control how and when you or your children
receive notifications from BusyKid as well. |
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Our services
are targeted to parents. The personal information we
collect about children is not made publicly available or otherwise shared,
except as otherwise described in this Privacy Policy. |
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For more information about our
privacy practices, go to our full Privacy Policy or send an email to help@busykid.com. |
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We may notify you about
material changes to this Privacy Policy by posting notices on this Site or in
the App. |
By using any of our Services, you agree
that your personal information will be handled as described in this Privacy
Policy. Your use of our Services, and any dispute over privacy, is subject to
this Privacy Policy and our Terms and Conditions, including its applicable
limitations on damages and the resolution of disputes. Our Terms and Conditions are
incorporated by reference into this Privacy Policy.
We collect information about you
directly from you, from third parties, and automatically through your or your
child’s use of our Services. We may combine all of the
information we collect about you from these various sources.
- Information We Collect
Directly from Parents. We may collect certain information directly from
parents. For example, to create an account we will collect a parent’s
name, email address, password, and zip code; to facilitate payments for
our Services and to a parent’s or a relative’s child through our Services
we will collect bank account, or other similar financial information, and
address. We will also collect any information that a parent voluntarily
provides to us, such as gender, date of birth, cell phone number,
responses to surveys or questionnaires, or requests or inquiries submitted
through our Services.
- Information We Collect
from Third Parties. We may also collect information about you from third
parties. For example, parents provide us with information about children,
including the child’s username, password, age and/or date of birth, and
gender. Similarly, if a relative or others you invite want to be a
financial contributor to a child, the parent will also provide us with
that contributor’s username, password, and bank account or financial
information.
- Information We Collect
Automatically. We automatically collect information about all users’ use
of our Site or App through cookies and other technologies, including
without limitation:
○
Log Information, such as domain
name; browser type; device identifier; operating system type; device name and
model; pages or screens viewed; links clicked; Internet protocol (“IP”)
address; when and the length of time a user visits or uses our Services; and
the referring URL, or the webpage that led a user to our Site or App. Please
see our Cookies and Other Tracking
Mechanisms section below for more information.
○
Transaction and Payment History,
such as the types of chores assigned and completed, payments for completed
chores, how allowance payments are spent, and other information related to
transactions, payments, donations, and purchases through our Site and App.
- We may combine
automatically collected information with other information, including
personal information, that we collect about you.
- Information We Collect
about Children under 13. As noted above, parents provide us with
information about their children, including a child’s username, password,
age and/or date of birth, and gender. From children directly, we will
collect information about a child’s activities within our Site or App in
such a way that we are able to associate a child’s activities with his/her
username or other identifier. Prior to doing so, we obtain verifiable
parental consent pursuant to the Children’s Online Privacy Protection Act
(“COPPA”).
4. HOW WE USE YOUR INFORMATION
We may use information, including
personal information, for the following purposes:
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Providing and Improving Our
Services. To provide and maintain our Services; to improve our Services; to
develop new features or services; to authenticate users; to facilitate payments
and communications; to perform technical operations, such as updating software;
and for other customer service and support purposes.
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Tailoring Content. To tailor the
content and information that we may send or display to you, and to otherwise
personalize your experiences while using our Services.
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Marketing and Communications. To
communicate with you about your account and use of our Services; to respond to
your inquiries; to provide you with news and newsletters, special offers,
promotions, and other information we think may interest you; and for other
informational, marketing, or promotional purposes. We may communicate with you
and your children via email, push notification, and text message (SMS). Please note that we will not knowingly send
marketing communications to children under 13 and, in the case of push
notifications, you can control how and when these notifications are sent to
your children. Please further note that our Services may include sponsored
content (e.g., a chore to clean the bathroom may be sponsored by a cleaning
products company) but these sponsorships will not be based on behavioral
targeting.
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Research and Analytics. To analyze
how you interact with our Services; to monitor and analyze individual and
collective usage trends; and for other research, analytical, and statistical
purposes.
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Protecting Rights and Interests.
To protect the safety, rights, property, or security of BusyKid, the Services,
any third party, or the general public; to detect, prevent, or otherwise
address fraud, security, or technical issues; to prevent or stop activity that
BusyKid, in its sole discretion, may consider to be, or to pose a risk of
being, an illegal, unethical, or legally actionable activity; to use as
evidence in litigation; and to enforce this Privacy Policy and our Terms and
Conditions.
●
Legal Compliance. To comply with
applicable legal or regulatory obligations, including as part of a judicial
proceeding; to respond to a subpoena, warrant, court order, or other legal
process; or as part of an investigation or request, whether formal or informal,
from law enforcement or a governmental authority.
5. HOW WE DISCLOSE YOUR INFORMATION
We may disclose information, including
personal information, with the following entities:
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Other BusyKid Users. We may
disclose information to other BusyKid users as necessary for our Services to
work. For example, we will disclose information about relatives with a BusyKid
primary account-holder. Please note that children are
not enabled to make their personal information publicly available.
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Affiliates. We may disclose
information to current or future affiliates or subsidiaries for research,
marketing, and other purposes consistent with this Privacy Policy.
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White-Label Licensees. If you access our Services through a
third-party white-label licensee, we may disclose information to this licensee
who perform functions on our behalf, for the purpose of providing services to
you and/or for purposes of enabling the Licensee to validate the benefit of
continuing to offer the white-label service.
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Service Providers. We may disclose
information to our vendors, service providers, agents, or others who perform
functions on our behalf and for the purpose of providing services to you. For
example, if you elect to put money your child has earned on a gift card, we
could share your child’s name with the payment card company that provides the
gift cards.
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Brand Partners. We may disclose
BusyKid Users’ personal information, such as email addresses, with our brand
partners for their marketing or other commercial purposes. Brand partners are
third parties that promote their products on or through our Services.
We may disclose information, including
personal information, in the following ways:
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Business Transfers. We may
disclose information to another entity in connection with, including during
negotiations of, an acquisition or merger, sale or transfer of a business unit
or assets, bankruptcy proceeding, or as part of any other similar business
transfer.
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Protecting Rights and Interests.
We may disclose information to protect the safety, rights, property, or
security of BusyKid, the Services, any third party, or the general public; to
detect, prevent, or otherwise address fraud, security, or technical issues; to
prevent or stop activity that BusyKid, in its sole discretion, may consider to
be, or to pose a risk of being, an illegal, unethical, or legally actionable
activity; to use as evidence in litigation; and to enforce this Privacy Policy
and our Terms and Conditions.
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Legal Compliance. We may disclose
information to comply with applicable legal or regulatory obligations,
including as part of a judicial proceeding; in response to a subpoena, warrant,
court order, or other legal process; or as part of an investigation or request
from law enforcement or a government official.
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Aggregate and De-Identified
Information. We may disclose aggregate, anonymous, or de-identified information
about users for research, compliance, marketing, advertising, or other
purposes.
6. COOKIES AND OTHER TRACKING MECHANISMS
We and our service providers use cookies
and other tracking mechanisms to track information about your and your child’s
use of our Services. We or our service providers and third-party white-label
licensors may combine this information with other personal information we
collect from you.
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Cookies. We or our service
providers and third-party white-label licensors may use cookies to track
visitor activity on our Site or App. A cookie is a text file that a website
transfers to a computer’s hard drive for record-keeping purposes. We or our
service providers and third-party white-label licensors may use cookies to
track user activities on our Site or App, such as the pages visited
and time spent on our Site or App. Most browsers allow users to refuse cookies.
The Help portion of the toolbar on most browsers will tell users how to prevent
their computer from accepting new cookies, how to have the browser notify them
when they receive a new cookie, or how to disable cookies altogether. Visitors
to our Site or App who disable cookies may not be able to browse certain areas
of the Site or App.
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Clear GIFs, Pixel Tags and Other
Technologies. Clear GIFs are tiny graphics with a unique identifier, similar in
function to cookies, which are embedded invisibly on web pages. We or our
service providers and third-party white-label licensors may use clear GIFs
(also known as web beacons, web bugs or pixel tags), in connection with our
Site or App to track the activities of visitors to our Site or App, help us
manage content, and compile statistics about usage of our Site or App. We or
our service providers and third-party white-label licensors may also use clear
GIFs in HTML emails to our users, to help us track email response rates,
identify when our emails are viewed, and track whether our emails are forwarded.
Disclaimer
regarding video content use of pixels
Materials we provide to you may
contain pixels which provide us and third parties with analytics regarding how
website visitors interact with video content, audiovisual content, or content
of a like nature. Video content is provided to enhance the user experience. You
understand that your personal information, including your video viewing
history, may be processed according to this Privacy Policy.
7. THIRD-PARTY ANALYTICS; BEHAVIORAL
TRACKING AND OPTING OUT
We may use third-party analytics
companies, such as Google
Analytics, to evaluate use of our Services. We or
our service providers and third-party white-label licensors use these tools to
help understand use of, and to improve, our Services, performance, and user
experiences. These entities may use cookies and other tracking technologies,
such as web beacons or local storage objects (LSOs), to perform their services
or as otherwise disclosed in their privacy policies.
We do not control third parties'
collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to
choose not to have your information collected or used in this way. You
can visit the Network Advertising Initiative’s (“NAI”) education and opt out
pages at to learn more about how behavioral and targeting advertising works:
https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work; and
https://optout.networkadvertising.org/
You
can opt out of targeted advertising by:
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Facebook
– https://www.facebook.com/settings/?tab=ads
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Instagram
- https://www.facebook.com/help/instagram/2885653514995517
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X
(formerly known as twitter) – https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads
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LinkedIn
– https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
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Google
– https://www.google.com/settings/ads/anonymous and
https://tools.google.com/dlpage/gaoptout
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Bing
– https://about.ads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally,
you can opt out of some of these services by visiting the Digital Advertising
Alliance’s opt-out portal at: http://optout.aboutads.info/. The Digital Advertising Alliance also provides an
opt-out mobile app to control interest-based advertising on apps on your mobile
device, available on the Apple Store, Google Play, and Amazon’s Appstore.
Our Site and App do not respond to Do
Not Track signals. For more information about Do Not Track signals, please
click here.
Our Services may contain links to
third-party websites or applications. Any access to and use of such linked
websites or applications is not governed by this Privacy Policy but instead is
governed by the privacy policies of those third-party websites or applications,
and we recommend that you review their respective privacy policies. We are not
responsible for the information practices of such third parties.
We have taken steps to help protect the
personal information we collect from loss, misuse, unauthorized access,
disclosure, alteration, and destruction. However, no data security measures can
guarantee 100% security. You should take steps to protect against unauthorized
access to your account by, among other things, choosing a robust password that
nobody else knows or can easily guess and keeping your device login information
private.
You may update or delete the personal
information that we have about you or your child by updating your or their
profile on our Site or App or emailing us at help@busykid.com. Please note that
we may retain certain information as required by law or as permitted by law for
legitimate business purposes. For example, if you request that we delete your information but we believe that you have violated our Terms
and Conditions we may retain information about you in order to attempt to
resolve the issue before deleting it.
We may send periodic promotional or
informational emails to parents. In addition, we may send push notifications to
you and your children regarding your use of the Services, such as notifications
of when new chores are added, paydays processed, children’s requests status,
and other similar activities or events.
Parents control what push notifications are sent by accessing your
profile on the Site or App, or following the directions contained in
notifications sent to the parents. Parents
may opt out of email communications by following the opt-out instructions
contained in the email. Please note that it may take up to ten (10) business
days for us to process opt-out requests. If a parent opts out of receiving
emails about recommendations or other information we
think may interest him/her, we may still send that parent emails about his/her
account or any Services the parent has requested or received from us.
Our Services are targeted to parents. As
discussed in the Information We Collect section above, parents provide us
directly with most of the personal information we collect about children under
the age of 13. The only information we collect directly from children under 13
is automatically collected information, such as IP address, and Site or App
activities, like chores completed and purchases or payments requested. The
personal information we collect about children is not made publicly available
or otherwise shared, except as otherwise described in this Privacy Policy.
Under COPPA, parents have a right to
review the information we have collected about their child, to delete it, and
to tell us to no longer use their child’s personal information. Parents can
review most of the information we collect about their child by logging in to
their account, reviewing their account information, and updating the personal
information we maintain about their child – or they can email us at help@busykid.com
to request such updates. If a parent does not want us to collect and use their
child’s personal information anymore, then s/he may cancel his/her child’s
account and use of the Services.
Please note that copies of information
that parents update, modify, or delete may remain viewable in cached and
archived pages for a period of time.
Finally, please see our Privacy Policy
for Children Under the Age of 13, which supplements this general BusyKid
Privacy Policy. This general BusyKid
Privacy Policy applies to teens and adults.
If you have questions about the privacy
aspects of our Services, please contact us at:
BusyKid, Inc.
3200 N. Hayden Road, Suite 310
Scottsdale, AZ 85251
help@busykid.com
14. CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is current as of the
effective date set forth above. We may change this Privacy Policy from time to
time, so please be sure to check back periodically. We will post any changes,
including any material changes, to this Privacy Policy on our Site or App.
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privacy policy for children under the age
of 13
Last Updated: August 26, 2005
The Children's Online Privacy Protection Act of 1998 and its rules (collectively, "COPPA") require us to inform parents and legal guardians (as used in this policy, "parents") about our practices for collecting, using, and disclosing personal information from children under the age of 13 ("children"). It also requires us to obtain verifiable consent from a child's parent for certain collection, use, and disclosure of the child's personal information.
This policy notifies parents of:
· The types of information we may collect from children.
· How we use the information we collect.
· Our practices for disclosing that information.
· Our practices for notifying and obtaining parents' consent when we collect personal information from children, including how a parent may revoke consent.
· All operators that collect or maintain information from children through the Services
This policy only applies to children under the age of 13 and supplements our general BusyKid Privacy Policy. Only our general privacy policy applies to teens and adults. Terms that are defined in the general BusyKid Privacy Policy have the same meanings as used in this Privacy Policy for Children Under the Age of 13.
Information We Collect from Children
Children can access many parts of the Service and its content and use many of its features without providing us with personal information. However, some content and features are available only to registered users or require us to collect certain information, including personal information, from them. In addition, we use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Service.
We only collect as much information about a child as is reasonably necessary for the child to participate in an activity, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary.
Information We Collect Directly. As explained in our general BusyKid Privacy Policy, parents provide us with the information necessary to register their child. The information required from the parents to register is: the child's first name, age or birth date, gender, and a parent's email address. We also require the parent to create a member name and pin for their child. We may request additional information from your child, but this information is optional. We specify whether information is required or optional when we request it.
Automatic Information Collection and Tracking. We use technology to automatically collect information from our users, including children, when they access and navigate through the Service and use certain of its features. The information we collect through these technologies may include:
· One or more persistent identifiers that can be used to recognize a user over time and across different websites and online services.
We may combine non-personal information we collect through these technologies with personal information about you or your child that we collect online.
For information about our automatic information collection practices, including how you can opt out of certain information collection, see the "Cookies and Other Tracking Mechanisms” and "Your Choices" sections of our general BusyKid Privacy Policy.
How We Use Your Child's Information
We use the personal information we collect from your child to:
· register him or her with the Service;
· communicate with him or her about activities or features of the Service that may be of interest;
· track his or her completion of chores or other activities;
We use the information we collect automatically through technology (see Automatic Information Collection and Tracking) and other non-personal information we collect to improve our Service and to deliver a better and more personalized experience by enabling us to:
· Estimate our audience size and usage patterns.
· Store information about the child's preferences, allowing us to customize the content according to individual interests.
· Speed up your searches.
Our Practices for Disclosing Children's Information
We do not share, sell, rent, or transfer children's personal information other than as described in this section.
We may disclose aggregated information about many of our users, and information that does not identify any individual or device. In addition, we may disclose children's personal information:
· To third parties we use to support the internal operations of our Service and who are bound by contractual or other obligations to use the information only for such purpose and to keep the information confidential. To another entity in connection with, including during negotiations of, an acquisition or merger, sale or transfer of a business unit or assets, bankruptcy proceeding, or as part of any other similar business transfer.
· If we believe disclosure is necessary or appropriate to protect the safety, rights, property, or security of a child, BusyKid, the Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that BusyKid, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Privacy Policy and our Terms and Conditions.
· If we are required to do so to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request from law enforcement or a government official.
Accessing and Correcting Your Child's Personal Information
At any time, you may review the child's personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child's information.
You can review, change, or delete your child's personal information by:
· Logging into your child's account and visiting his or her account profile page.
· Sending us an email at help@busykid.com To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.
Operators That Collect or Maintain Information from Children
While we do not allow third party operators to collect or maintain personal information from children through the Service, we use third party hosting service providers to assist with our maintaining of children’s personal information as provided to us through the Services. A list of these third parties is available upon request by contacting us help@busykid.com.
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These Terms and Conditions (“Terms”)
apply to your access to and use of the websites, mobile applications and other
online products and services (collectively, the “Services”) provided by BusyKid
Inc. (“BusyKid,” “Company,” “we,” “us,”
or “our”),
including the App provided directly from us under the BusyKid
brand, but also any App provided from our authorized licensors with these
third-party’s branding. Examples of some third-party-branded versions of the App
that may be available include: State Bank Kids, Gainey Business Bank E&L, USB SeedMoney, Panhandle First: Learn & Earn, and First Bank Hampton NextGen.
Where you use an App provided from one
of our authorized licensors, additional terms may apply between the third-party
licensor and you. Please carefully review all appliable terms, including any
such third-party licensor terms, before downloading and using the App.
We
are not responsible for the terms and conditions of our third-party licensors
or any other third-parties. By using our
Services, you agree to these Terms, including the mandatory arbitration
provision and class action waiver in Section 16. If you do not agree to these Terms, do not use
our Services.
We
may make changes to these Terms from time to time. If we make changes, we will
provide you with notice of such changes, such as by sending an email, providing
a notice through our Services or updating the date at the top of these
Terms. Unless we say otherwise in our
notice, the amended Terms will be effective immediately, and your continued use
of our Services after we provide such notice will confirm your acceptance of
the changes. If you do not agree to the
amended Terms, you must stop using our Services.
If
you have any questions about these Terms or our Services, please contact us at BusyKid
Customer Service, 3200 North Hayden Road, Suite 310, Scottsdale, AZ 85251 or at
help@busykid.com.
1.
Privacy
For
information about how we collect, use, share or otherwise process information
about you, please see our Privacy
Policy. BusyKid collects limited personal information
from minors, but only where that child’s parent or legal guardian has
contracted with BusyKid to collect personal information from their children in order to provide the Services to them. If you are a minor,
please do not send any personal information about yourself to us, other than
what we request from you when you access your family account. In the event that we learn that we have collected personal
information from a minor without the prior consent of the parent or legal
guardian, or if we learn a minor has provided us personal information beyond
what we request when he or she access an authorized family account, we will
permanently delete that information as quickly as possible. If you believe that
a minor may have provided us personal information beyond what is requested when
accessing an authorized family account, or that a valid consent from a parent
or legal guardian has not been obtained a valid consent prior to our collection
of any personal information, please contact us at help@busykid.com.
2.
Eligibility
You
must be at least 18 years of age to register for our Services and receive a
family account. If you are under 18 years of age (or the age of legal majority
where you live) you may not register for our Services. However, you may be
granted limited access to a family account through a PIN provided to you by
your parent or legal guardian. Our website is intended only for use by
individuals over the age of 18. If you are a minor and desire to visit our
website, please do so only with the permission and
under the supervision of your parent or legal guardian.
If
you are a parent or legal guardian of a user under the age of 18 (or the age of
legal majority), you agree to be fully responsible for the acts or omissions of
such user in relation to our Services. If you use our Services on behalf of
another person or entity, (a) all references to “you” throughout these Terms
will include that person or entity, (b) you represent that you are authorized
to accept these Terms on that person’s or entity’s behalf, and (c) in the event
you or the person or entity violates these Terms, the person or entity agrees
to be responsible to us.
3.
User Accounts and Account Security; Use of Family Accounts by
Children
You
may need to register for an account to access some or all of
our Services. If you register for an account, you must provide accurate account
information and promptly update this information if it changes. You also must
maintain the security of your account and promptly notify us if you discover or
suspect that someone has accessed your account without your permission. If you permit others to use your account
credentials, you are responsible for the activities of such users that occur in
connection with your account. We reserve the right to reclaim usernames, including
on behalf of businesses or individuals that hold legal claim, including trademark
rights, in those usernames.
The
Service is made available to individual parents and/or legal guardians for use
by the parents, legal guardians and children under their care. You will be granted a family account upon
registration and understand that your acceptance of these Terms indicates that
you are agreeing to the Terms both on your own behalf as well as on the behalf
of your children who use the Service through your family account. Children under 18 must not use the Service until
after a parent or legal guardian has accepted these Terms on their behalf.
4.
User Content
Our Services may allow you and other
users to create, post, store and share content, including messages, feedback,
text, information, data, software, or other materials (collectively, “User
Content”). Except for the license you grant below, you retain all
rights in and to your User Content, as between you and BusyKid.
You
grant BusyKid a perpetual, irrevocable,
nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, publicly perform and display your User Content and any name,
username or likeness provided in connection with your User Content in all media
formats and channels now known or later developed without compensation to you.
When you post or otherwise share User Content on or through our Services, you
understand that your User Content and any associated information (such as your
username or profile photo) may be visible to others.
You
may not create, post, store or share any User Content that violates these Terms
or for which you do not have all the rights necessary to grant us the license
described above. You represent and warrant that your User Content, and our use of
such content as permitted by these Terms, will not violate any rights of or
cause injury to any person or entity. Although we have no obligation to screen,
edit, or monitor User Content, we may screen, delete, or remove User Content at
any time and for any reason with or without notice.
5.
Prohibited Conduct and Content
You
will not violate any applicable law, contract, intellectual property right or
other third-party right or commit a tort, and you are solely responsible for
your conduct while using our Services. You will not:
▪
Engage in any harassing, threatening,
intimidating, predatory or stalking conduct;
▪
Use or attempt to use another user’s
account without authorization from that user and BusyKid;
▪
Impersonate or post on behalf or any
person or entity or otherwise misrepresent your affiliation with a person or entity;
▪
Sell, resell or commercially use our Services;
▪
Copy, reproduce, distribute, publicly
perform or publicly display all or portions of our Services, except as
expressly permitted by us or our licensors;
▪
Modify our Services, remove any
proprietary rights notices or markings, or otherwise make any derivative works
based upon our Services;
▪
Use our Services other than for their
intended purpose and in any manner that could interfere with, disrupt,
negatively affect or inhibit other users from fully enjoying our Services or
that could damage, disable, overburden or impair the functioning of our
Services in any manner;
▪
Reverse engineer
any aspect of our Services or do anything that might discover source code or
bypass or circumvent measures employed to prevent or limit access to any part
of our Services;
▪
Attempt to circumvent any
content-filtering techniques we employ or attempt to access any feature or area
of our Services that you are not authorized to access;
▪
Use any data mining, robots or similar
data gathering or extraction methods designed to scrape or extract data from
our Services;
▪
Develop or use any applications that
interact with our Services without our prior written consent;
▪
Send, distribute or post spam,
unsolicited or bulk commercial electronic communications, chain letters, or
pyramid schemes;
▪
Bypass or ignore instructions contained
in our robots.txt file; or
▪
Use our Services for any illegal or
unauthorized purpose, or engage in, encourage or promote any activity that
violates these Terms.
You
may also post or otherwise share only User Content that is nonconfidential and that
you have all necessary rights to disclose. You may not create, post, store or
share any User Content that:
▪
Is unlawful, libelous, defamatory,
obscene, pornographic, indecent, lewd, suggestive, harassing, threatening,
invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
▪
Would constitute, encourage or provide
instructions for a criminal offense, violate the rights of any party or
otherwise create liability or violate any local, state, national or
international law;
▪
May infringe any patent, trademark,
trade secret, copyright or other intellectual or proprietary right of any party;
▪
Contains or depicts any statements,
remarks or claims that do not reflect your honest views and experiences;
▪
Impersonates, or misrepresents your
affiliation with, any person or entity;
▪
Contains any unsolicited promotions,
political campaigning, advertising or solicitations;
▪
Contains any private or personal
information of a third party without such third party’s consent;
▪
Contains any viruses, corrupted data or
other harmful, disruptive or destructive files or content; or
▪
In our sole judgment, is objectionable,
restricts or inhibits any other person from using or enjoying our Services, or
may expose BusyKid or others to any harm or liability of any type.
Enforcement
of this Section 5 is
solely at BusyKid’s discretion, and failure to
enforce this section in some instances does not constitute a waiver of our
right to enforce it in other instances.
In addition, this Section 5 does
not create any private right of action on the part of any third party or any
reasonable expectation that the Services will not contain any content that is
prohibited by such rules.
6.
Ownership; Limited License
The
Services, including the text, graphics, images, photographs, videos,
illustrations and other content contained therein, are owned by BusyKid or our
licensors and are protected under both United States and foreign laws. Except
as explicitly stated in these Terms, all rights in and to the Services are
reserved by us or our licensors. Subject to your compliance with these Terms, you
are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable,
revocable license to access and use our Services for your own personal,
noncommercial use. Any use of the Services other than as specifically
authorized herein, without our prior written permission, is strictly prohibited,
will terminate the license granted herein and violate our intellectual property
rights.
7.
Trademarks
BusyKid,
our logos, our product or service names, our slogans and the look and feel of
the Services are trademarks of BusyKid and may not be copied, imitated or used,
in whole or in part, without our prior written permission. All other
trademarks, registered trademarks, product names and company names or logos
mentioned on the Services are the property of their respective owners.
Reference to any products, services, processes or other information by trade
name, trademark, manufacturer, supplier or otherwise does not constitute or
imply endorsement, sponsorship or recommendation by us.
8.
Feedback
You
may voluntarily post, submit or otherwise communicate to us any questions,
comments, suggestions, ideas, original or creative materials or other
information about BusyKid or our Services (collectively, “Feedback”). You
understand that we may use such Feedback for any purpose, commercial or
otherwise, without acknowledgment or compensation to you, including, without
limitation, to develop, copy, publish, or improve the Feedback in BusyKid’s sole discretion. You understand that BusyKid may
treat Feedback as nonconfidential.
9.
Repeat Infringer Policy; Copyright
Complaints
In
accordance with the Digital Millennium Copyright Act and other applicable law,
we have adopted a policy of terminating, in appropriate circumstances, the
accounts of users who repeatedly infringe the intellectual property rights of
others. If you believe that anything on our Services infringes any copyright
that you own or control, you may notify us at BusyKid Customer Service, 3200
North Hayden Road, Suite 310, Scottsdale, AZ 85251 or at help@busykid.com.
Please
see 17
U.S.C. § 512(c)(3) for the requirements of a proper notification.
Also, please note that if you knowingly misrepresent that any activity or
material on our Services is infringing, you may be liable to BusyKid for
certain costs and damages.
10.
Third-Party Content; Apex Brokerage Services
We
may provide information about third-party products, services, activities or
events, or we may allow third parties to make their content and information
available on or through the Services (collectively, “Third-Party Content”). We
provide Third-Party Content as a service to those interested in such content.
Your dealings or correspondence with third parties and your use of or
interaction with any Third-Party Content are solely between you and the third
party. BusyKid does not control or endorse, and makes no representations or
warranties regarding, any Third-Party Content, and your access to and use of
such Third-Party Content is at your own risk.
This includes, but is not limited to, any Third-Party Content provided
by our white-label licensees within an App.
An
example of such Third-Party Content is if you elect to create, through the
Service, a brokerage account with Apex Clearing Corporation to make
trades. Should you elect to open a
brokerage account, you will be required to complete a new account application
form with Apex and, once approved, acknowledge and agree that BusyKid is hereby
authorized on your behalf to send and receive, through the Service, funds to
and from Apex for purposes of carrying out your brokerage account instructions
(such as buying and selling of stocks).
You further acknowledge and agree that you will only access this Apex
brokerage account through our Service, but, as directed by you, BusyKid and
Apex will place orders, and otherwise transact, in the brokerage account
through the Apex systems. You
acknowledge that neither Apex nor BusyKid offer any investment advice or make
securities recommendations to any person.
You are making “self-directed” decisions. All use of the brokerage account is at your
sole risk. BusyKid makes no
representation or warranty regarding any Apex systems, brokerage or other services
and agrees all are available on an as-is basis and are subject to change at any
time in Apex’s sole discretion without notice. BusyKid will in no way be
responsible for any liabilities or damages caused by your
use of Apex’s systems, brokerage or other services.
11.
Indemnification
To
the fullest extent permitted by applicable law, you will indemnify, defend and
hold harmless BusyKid and our subsidiaries and affiliates, and each of our respective
officers, directors, agents, partners, and employees (individually and
collectively, the “Company Parties”) from and against any losses, liabilities,
claims, demands, damages, expenses or costs (“Claims”) arising out of
or related to (a) your access to or use of the Services; (b) your User Content
or Feedback; (c) your violation of these Terms; (d) your violation,
misappropriation or infringement of any rights of another (including
intellectual property rights or privacy rights); or (e) your conduct in
connection with the Services, including the your failure to perform or comply
with the terms and conditions of any terms and conditions, account agreements
or other policies of (i) Apex relating to any brokerage
account and (ii) our white-label licensees. You agree to promptly notify
Company Parties of any third-party Claims, cooperate with Company Parties in
defending such Claims and pay all fees, costs and expenses associated with
defending such Claims (including, but not limited to, attorneys' fees). You
also agree that the Company Parties will have control of the defense or
settlement, at BusyKid’s sole option, of any
third-party Claims. This indemnity is in addition to, and not in lieu of, any
other indemnities set forth in a written agreement between you and BusyKid or
the other Company Parties.
12.
Disclaimers
Your
use of our Services is at your sole risk. Except as otherwise provided in
writing by us, our Services and any content therein are provided “as is” and
“as available” without warranties of any kind, either express or implied,
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, title, and non-infringement. In addition, BusyKid
does not represent or warrant that our Services are accurate, complete,
reliable, current or error-free. While BusyKid attempts to make your use of our
Services and any content therein safe, we cannot and do not represent or
warrant that our Services or servers are free of viruses or other harmful
components. You assume the entire risk as to the quality and performance of the
Services.
13.
Limitation of Liability
To the
fullest extent permitted by applicable law, BusyKid and the other Company
Parties will not be liable to you under any theory of liability—whether based
in contract, tort, negligence, strict liability, warranty, or otherwise—for any
indirect, consequential, exemplary, incidental, punitive or special damages or
lost profits, even if BusyKid or the other Company Parties have been advised of
the possibility of such damages.
The
total liability of BusyKid and the other Company Parties for any claim arising
out of or relating to these Terms or our Services, regardless of the form of
the action, is limited to the amount paid by you to use our Services.
The
limitations set forth in this Section 13 will not limit or exclude liability
for the gross negligence, fraud or intentional misconduct of BusyKid or the
other Company Parties or for any other matters in which liability cannot be
excluded or limited under applicable law. Additionally, some jurisdictions do
not allow the exclusion or limitation of incidental or consequential damages,
so the above limitations or exclusions may not apply to you.
14.
Release
To
the fullest extent permitted by applicable law, you release BusyKid and the
other Company Parties from responsibility, liability, claims, demands and/or
damages (actual and consequential) of every kind and nature, known and unknown
(including, but not limited to, claims of negligence), arising out of or
related to disputes between users and the acts or omissions of third parties.
If you are a consumer who resides in California, you hereby waive your rights
under California
Civil Code § 1542, which provides: “A general release does not
extend to claims which the creditor does not know or suspect to exist in his or
her favor at the time of executing the release, which if known by him or her
must have materially affected his or her settlement with the debtor.”
15.
Transfer and
Processing Data
In
order for us to
provide our Services, you agree that we may process, transfer and store information
about you in the United States and other countries, where you may not have the
same rights and protections as you do under local law.
16.
Dispute Resolution; Binding Arbitration
PLEASE READ THESE TERMS
CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 16, WHICH
REQUIRES THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN
INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO
BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY
FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 16.
BY
ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL
TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR
ENTIRETY, DO NOT USE OUR SERVICES.
No Representative
Actions. You and BusyKid agree that any dispute arising out of or related to
these Terms or our Services is personal to you and BusyKid
and that any dispute will be resolved solely through individual action, and
will not be brought as a class arbitration, class action or any other type of
representative proceeding.
Arbitration
of Disputes. Except for small claims disputes in which you or BusyKid
seeks to bring an individual action in small claims court located in the county
of your billing address or disputes in which you or BusyKid seeks injunctive or
other equitable relief for the alleged unlawful use of intellectual property, you and BusyKid waive your rights to a jury
trial and to have any dispute arising out of or related to these Terms or our
Services resolved in court. Instead,
for any dispute or claim that you have against BusyKid or relating in any way
to the Services, you agree to first contact BusyKid and attempt to resolve the
claim informally by sending a written notice of your claim (“Notice”)
to BusyKid by email at help@busykid.com or by certified mail addressed to
BusyKid Customer Service, 3200 North Hayden Road, Suite 310, Scottsdale, AZ
85251. The Notice must (a) include your name, residence address, email address,
and telephone number; (b) describe the nature and basis of the claim; and (c)
set forth the specific relief sought. Our notice to you will be similar in form
to that described above. If you and BusyKid cannot reach an agreement to
resolve the claim within thirty (30) days after such Notice is received, then
either party may submit the dispute to binding arbitration administered by JAMS
or, under the limited circumstances set forth above, in court. All disputes
submitted to JAMS will be resolved through confidential, binding arbitration
before one arbitrator. Arbitration proceedings will be held in Maricopa County,
Arizona, in accordance with the JAMS Streamlined Arbitration Rules and
Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by
reference. You either acknowledge and agree that you have read and understand
the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any
claim that the JAMS Rules are unfair or should not apply for any reason.
You
and BusyKid agree that these Terms affect interstate commerce and that the
enforceability of this Section 16 will
be substantively and procedurally governed by the Federal Arbitration Act, 9
U.S.C. § 1, et seq. (the “FAA”),
to the maximum extent permitted by applicable law. As limited by the FAA, these
Terms and the JAMS Rules, the arbitrator will have exclusive authority to make
all procedural and substantive decisions regarding any dispute and to grant any
remedy that would otherwise be available in court, including the power to
determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than
one individual’s claims, preside over any type of class or representative
proceeding or preside over any proceeding involving more than one individual.
The
arbitrator, BusyKid, and you will maintain the confidentiality of any
arbitration proceedings, judgments and awards, including, but not limited to,
all information gathered, prepared and presented for purposes of the
arbitration or related to the dispute(s) therein. The arbitrator will have the
authority to make appropriate rulings to safeguard confidentiality, unless the
law provides to the contrary. The duty of confidentiality does not apply to the
extent that disclosure is necessary to prepare for or conduct the arbitration
hearing on the merits, in connection with a court application for a preliminary
remedy or in connection with a judicial challenge to an arbitration award or
its enforcement, or to the extent that disclosure is otherwise required by law
or judicial decision.
You
and BusyKid agree that for any arbitration you initiate, you will pay the
filing fee and BusyKid will pay the remaining JAMS fees and costs. For any
arbitration initiated by Company, BusyKid will pay all
JAMS fees and costs. You and BusyKid agree that the state or federal courts of
the State of Arizona and the United States sitting in Maricopa County, Arizona
have exclusive jurisdiction over any appeals and the enforcement of an
arbitration award.
Any
claim arising out of or related to these Terms or our
Services must be filed within one (1) year after such claim arose; otherwise,
the claim is permanently barred, which means that you and BusyKid will not have
the right to assert the claim.
You
have the right to opt out of binding arbitration within 30 days of the date you
first accepted the terms of this Section 16 by emailing us at support@busykid.com
the following information: (1) your name; (2) your address; and (3) a clear
statement that you do not wish to resolve disputes with us through arbitration. In order to be effective, the opt-out notice must include
your full name and address and clearly indicate your intent to opt out of
binding arbitration. By opting out of binding arbitration, you are agreeing to
resolve disputes in accordance with Section 17.
If
any portion of this Section 16 is
found to be unenforceable or unlawful for any reason, (a) the unenforceable or
unlawful provision shall be severed from these Terms; (b) severance of the
unenforceable or unlawful provision shall have no impact whatsoever on the
remainder of this Section 16 or
the parties’ ability to compel arbitration of any remaining claims on an
individual basis pursuant to this Section 16; and
(c) to the extent that any claims must therefore proceed on a class,
collective, consolidated, or representative basis, such claims must be
litigated in a civil court of competent jurisdiction and not in arbitration,
and the parties agree that litigation of those claims shall be stayed pending
the outcome of any individual claims in arbitration. Further, if any part of
this Section 16 is
found to prohibit an individual claim seeking public injunctive relief, that
provision will have no effect to the extent such relief is allowed to be sought
out of arbitration, and the remainder of this Section 16 will
be enforceable.
17.
Governing Law and
Venue
Any dispute arising from these Terms
and your use of the Services will be governed by and construed and enforced in
accordance with the laws of Arizona, except to the extent preempted by U.S.
federal law, without regard to conflict of law rules or principles (whether of Arizona
or any other jurisdiction) that would cause the application of the laws of any
other jurisdiction. Any dispute between the parties that is not subject to
arbitration or cannot be heard in small claims court will be resolved in the state
or federal courts of Arizona and the United States, respectively, sitting in Maricopa
County, Arizona.
18.
Modifying and Terminating our Services
We
reserve the right to modify our Services or to suspend or stop providing all or
portions of our Services at any time. You also have the right to stop using our
Services at any time. We are not responsible for any loss or harm related to
your inability to access or use our Services.
19.
Severability
If
any provision or part of a provision of these Terms is unlawful, void or
unenforceable, that provision or part of the provision is deemed severable from
these Terms and does not affect the validity and enforceability of any
remaining provisions.
20.
Additional Terms Applicable to Mobile Devices
The
following terms apply if you install, access or use the Services on any device
that contains the iOS mobile operating system (the “iOS App”) developed by
Apple Inc. (“Apple”).
·
Acknowledgement. You
acknowledge that these Terms are concluded solely between us, and not with
Apple, and BusyKid, not Apple, is solely responsible for the iOS App and the
content thereof. You further acknowledge that the usage rules for the iOS App are
subject to any additional restrictions set forth in the Usage Rules for the
Apple iOS App Store Terms of Service as of the date you download the App, and
in the event of any conflict, the Usage Rules in the App Store will govern if
they are more restrictive. You acknowledge and agree that you have had the
opportunity to review the Usage Rules.
·
Scope of License. The
license granted to you is limited to a non-transferable license to use the iOS
App on any iPhone, iPod touch or iPad that you own or control as permitted by
the Usage Rules set forth in the Apple App Store Terms of Service.
·
Maintenance and Support. You
and BusyKid acknowledge that Apple has no obligation whatsoever to furnish any
maintenance and support services with respect to the App.
·
Warranty. You
acknowledge that Apple is not responsible for any product warranties, whether
express or implied by law, with respect to the App. In the event of any failure
of the iOS App to conform to any applicable warranty, you may notify Apple, and
Apple will refund the purchase price, if any, paid to Apple for the iOS App by
you; and to the maximum extent permitted by applicable law, Apple will have no
other warranty obligation whatsoever with respect to the App. The parties
acknowledge that to the extent that there are any applicable warranties, any
other claims, losses, liabilities, damages, costs or expenses attributable to
any failure to conform to any such applicable warranty would be the sole
responsibility of BusyKid. However, you understand and agree that in accordance
with these Terms, BusyKid has disclaimed all warranties of any kind with
respect to the App, and therefore, there are no warranties applicable to the
App.
·
Product Claims. You
and BusyKid acknowledge that as between Apple and BusyKid, BusyKid, not Apple,
is responsible for addressing any claims relating to the iOS App or your
possession and/or use of the iOS App, including, but not limited to (a) product
liability claims, (b) any claim that the iOS App fails to conform to any
applicable legal or regulatory requirement, and (c) claims arising under
consumer protection or similar legislation.
·
Intellectual Property Rights. The
parties acknowledge that, in the event of any third-party claim that the iOS
App or your possession and use of the iOS App infringe that third party’s
intellectual property rights, BusyKid, and not Apple, will be solely
responsible for the investigation, defense, settlement and discharge of any
such intellectual property infringement claim to the extent required under
these Terms.
·
Legal Compliance. You
represent and warrant that (a) 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 (b) you are not listed on
any U.S. Government list of prohibited or restricted parties.
·
Developer Name and Address. Any
questions, complaints or claims with respect to the iOS App should be directed
to help@busykid.com.
·
Third-Party Terms of Agreement. You
agree to comply with any applicable third-party terms when using the Services.
·
Third-Party Beneficiary. The
parties acknowledge and agree that Apple, and Apple’s subsidiaries, are
third-party beneficiaries of these Terms, and that, upon your acceptance of
these Terms, Apple will have the right (and will be deemed to have accepted the
right) to enforce these Terms against you as a third-party beneficiary
thereof).
The
following terms apply if you install, access or use the Services on any device
that contains the Android mobile operating system (the “Android App”) developed
by Google, Inc. (“Google”):
·
You acknowledge that these Terms are
between You and us only, and not with Google.
·
Your use of our Android App must comply
with Google’s then-current Android Market Terms of Service.
·
Google is only a provider of the
Android Market where You obtained the Android App. We, and not Google, are solely responsible
for our Android App and the Services and Content available thereon. Google has
no obligation or liability to You with respect to Our Android App or these
Terms.
·
You acknowledge and agree that Google
is a third-party beneficiary to the Terms as they relate to our Android App.
21.
Miscellaneous
These
Terms constitute the entire agreement between you and BusyKid relating to your
access to and use of our Services. Notwithstanding any other provisions of
these Terms, Sections 5, 8, 11, 12, 13, 14, 16, 17, 20, and 21
survive any expiration or termination of these terms. The failure of BusyKid to
exercise or enforce any right or provision of these Terms will not operate as a
waiver of such right or provision. The section titles in these Terms are for
convenience only and have no legal or contractual effect. Except as otherwise
provided herein, these Terms are intended solely for the benefit of the parties
and are not intended to confer third-party beneficiary rights upon any other
person or entity. You agree that communications and transactions between us may
be conducted electronically. These Terms may not be transferred, assigned or
delegated by you, by operation of law or otherwise, without our prior written
consent, and any attempted transfer, assignment or delegation without such
consent will be void and without effect. We may freely transfer, assign or
delegate these Terms or the Services, in whole or in part, without your prior
written consent. Under California
Civil Code Section 1789.3, California consumers are entitled to
the following specific consumer rights notice: The Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer
Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112,
Sacramento, California 95834, or by telephone at (800) 952-5210.