Legal
These Terms of Use (the "Terms") constitute a binding agreement between CyberKinder ("CyberKinder", "we", "our", or "us") and the natural or legal person who accesses or uses the website located at www.cyberkinder.com and any related features made available by CyberKinder (collectively, the "Service"). By accessing or using the Service, the user accepts these Terms in full. If the user does not accept these Terms, the user must not access or use the Service.
The Service is an educational product directed to children. The Service is intended to be used by a child under the supervision of the child's parent or another adult exercising parental responsibility for the child (the "Supervising Adult"). The Supervising Adult is responsible for the child's use of the Service, including any use of the optional AI helper described in Section 8. By permitting a child to use the Service, the Supervising Adult agrees to these Terms on behalf of the child and warrants that the Supervising Adult has the legal capacity to do so.
Subject to continuous compliance with these Terms, CyberKinder grants the user a limited, personal, non exclusive, non transferable, non sublicensable, and revocable license to access and use the Service for non commercial educational purposes. No other rights are granted by these Terms, whether express, implied, or by estoppel. All rights not expressly granted are reserved by CyberKinder and its licensors.
Access to the Service is provided free of charge. The Service may include voluntary contribution links that lead to a third party platform (for example, Ko-fi). Any contribution made through such a link is processed by the third party platform under that platform's own terms. CyberKinder does not collect or process payment information directly. Voluntary contributions do not create any subscription, membership, or right of access beyond what is available to all users.
The user agrees not to engage in any of the following while accessing the Service:
The Service, including its design, illustrations, character art, written copy, source code, organization, and the "CyberKinder" name, mark, and logo, is owned by CyberKinder and its licensors and is protected by copyright, trademark, and other intellectual property laws of the United States, the European Union, the United Kingdom, and other jurisdictions. Nothing in these Terms transfers or licenses any such right to the user, except for the limited license expressly granted in Section 3. The user shall not remove, obscure, or alter any proprietary notice that appears within the Service.
The Service does not host user accounts and does not invite the user to publish persistent content. Where the user submits a message to the AI helper, the user grants CyberKinder a worldwide, royalty free, non exclusive license to process that message for the limited purpose of generating a reply, in accordance with the Privacy Policy. CyberKinder does not claim ownership of message content beyond what is necessary to operate the AI helper.
The optional AI helper (referred to in the Service as "SafetyChat") generates replies using a third party large language model. Replies produced by the AI helper are educational suggestions only and may at times be inaccurate, incomplete, biased, or out of date. The AI helper does not provide professional advice of any kind, including medical, legal, psychological, or financial advice. Reliance on a reply produced by the AI helper is at the user's own risk. CyberKinder applies content safety filters to limit the topics that can be discussed, but no automated filter is fully reliable. The Supervising Adult is responsible for monitoring a child's use of the AI helper.
The Service uses certain third party services to operate, including a model provider (OpenRouter, Inc.) for the AI helper and a hosting provider (Vercel Inc.). The Service may also link to third party websites, including a voluntary contribution platform. CyberKinder does not control and is not responsible for the content, terms, or privacy practices of any third party service or website. The user's use of any third party service is governed by that service's own terms.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBERKINDER AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CYBERKINDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL MEET ANY PARTICULAR LEARNING OUTCOME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CYBERKINDER, ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF CYBERKINDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW, CYBERKINDER'S AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY THE USER TO ACCESS THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) FIVE EUROS. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
The Supervising Adult agrees to indemnify, defend, and hold harmless CyberKinder, its affiliates, and their respective directors, officers, employees, and contractors from and against any claim, demand, loss, liability, damage, or expense, including reasonable legal fees, arising out of or relating to (a) the breach by the user of these Terms, (b) the user's violation of any law or third party right, or (c) any misuse of the Service that is attributable to the user.
CyberKinder may, at any time and without prior notice, suspend, modify, or discontinue all or any part of the Service, or restrict access to the Service in respect of any user who, in the reasonable judgement of CyberKinder, has violated these Terms. The user may discontinue use of the Service at any time. Sections 6, 7, 10, 11, 12, 14, 15, and 16 survive termination.
These Terms and any non contractual obligations arising out of or in connection with them are governed by the laws of the jurisdiction in which CyberKinder is established, excluding its rules on conflict of laws. The user and CyberKinder submit to the exclusive jurisdiction of the courts of that jurisdiction in respect of any dispute arising out of or in connection with these Terms or the Service. This clause does not deprive a consumer of the protection afforded by the mandatory provisions of the law of the consumer's habitual residence.
These Terms, together with the Privacy Policy, constitute the entire agreement between CyberKinder and the user concerning the Service and supersede any prior agreement on the same subject matter. If any provision of these Terms is held to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. CyberKinder's failure to enforce a provision of these Terms is not a waiver of that provision. The user may not assign these Terms or any rights granted hereunder. CyberKinder may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.
CyberKinder may amend these Terms from time to time. Any amendment becomes effective when posted on this page. The effective date and last updated date displayed at the top of this page indicate the date of the most recent material change. Continued use of the Service after a material change constitutes acceptance of the amended Terms. If the user does not accept an amended version, the user must stop using the Service.
Questions about these Terms can be sent to the address listed on the Contact section of the About page.