Terms of Service — kiddyproof

1. Acceptance of Terms

These Terms of Service (the “Terms”) govern your use of the kiddyproof macOS application (the “Software”) and the website at kiddyproof.app, provided by kiddyproof (“kiddyproof”, “we”, “us” or “our”).

By downloading, installing or using the Software, you agree to be bound by these Terms. If you do not agree, do not download, install or use the Software. You represent that you have reached the age of majority in your jurisdiction and are able to enter into a binding contract.

Our Privacy Policy is incorporated into these Terms by reference.

2. License Grant

Subject to these Terms and payment of the applicable fee, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use the Software.

The license is perpetual and is not a subscription. You may install and use the Software on any number of computers that you personally own or control, for your own use and that of your immediate household.

3. Restrictions

You may not:

sell, resell, rent, lease, sublicense, distribute or otherwise transfer the Software or any license key;
publish or disclose a license key, or use a license key not lawfully obtained by you;
circumvent, disable or interfere with the licensing or trial mechanism;
decompile, disassemble or reverse engineer the Software, except to the extent such restriction is expressly prohibited by applicable law;
modify, adapt or create derivative works of the Software;
remove or alter any proprietary notices contained in the Software; or
use the Software in violation of any applicable law, or to monitor or record any individual without that individual's knowledge and consent.

Deployment across devices administered but not personally owned by you, including in educational, clinical or commercial settings, requires a separate written arrangement. Contact us at the address in Section 18.

4. Free Trial

The Software may be used without charge for three (3) days from first launch, without payment details and without feature limitation. Upon expiry of the trial period, a valid license key is required for continued use. The trial is offered once per device, and circumventing this limitation to obtain additional trial periods is prohibited.

5. Purchase and Payment

Licenses are sold through Creem, operated by Armitage Labs OÜ, which acts as merchant of record and is the seller for the transaction. The Creem Terms of Service apply to the payment transaction in addition to these Terms.

The applicable price is displayed at checkout. Prices are subject to change, and any change will not affect a license already purchased. Sales tax, VAT and other applicable taxes are calculated and collected by Creem and displayed before payment is completed.

A license key is delivered by email following payment. Activation instructions are provided with the license key.

6. Refunds

A full refund is available upon request within fourteen (14) days of purchase, for any reason. Requests may be submitted to the address in Section 18 from the email address used for the purchase, or directly to Creem.

Refunds are processed by Creem to the original payment method. A license key ceases to be valid for new installations upon refund.

Where you are a consumer resident in the European Union or United Kingdom, statutory rights of cancellation apply in addition to, and are not limited by, this Section.

7. Updates and Modifications

Updates to the Software are included with a license at no additional charge. The Software checks for updates automatically; this function may be disabled within the Software. Details of the information transmitted by update checks are set out in the Privacy Policy.

We may add, modify or discontinue features of the Software at any time. In the event the Software is discontinued, previously installed versions will continue to function, as license validation is performed locally and does not depend on our servers.

8. Supervision Disclaimer

THE SOFTWARE IS AN INPUT-BLOCKING UTILITY. IT IS NOT A CHILDCARE DEVICE, A PARENTAL CONTROL SYSTEM, A CONTENT FILTER OR A SAFETY DEVICE, AND IT IS NOT A SUBSTITUTE FOR SUPERVISION OF A CHILD. YOU REMAIN SOLELY RESPONSIBLE FOR SUPERVISING ANY PERSON USING YOUR COMPUTER.

Without limiting the foregoing, you acknowledge that:

we do not warrant that the restricted mode cannot be exited, and certain key combinations are reserved by the operating system and cannot be intercepted by any application;
operating system updates may alter the behavior of the Software without notice;
the Software cannot prevent physical interaction with the computer or with other devices; and
you should save open documents before activating the restricted mode, and we are not responsible for unsaved work.

9. System Requirements

The Software requires macOS 14 Sonoma or later on an Apple Silicon computer and requires macOS Accessibility permission in order to function. The Software is distributed directly and is not available through the Mac App Store. System requirements may change for future versions.

10. Intellectual Property

The Software is licensed, not sold. All right, title and interest in and to the Software, including all copyrights, trademarks, trade names, artwork, audio and other intellectual property rights, remain with us and our licensors. No rights are granted other than those expressly set out in these Terms.

11. Third-Party Services

The Services rely on third-party providers, including Creem for payment processing, Railway for hosting, Cloudflare for DNS and email forwarding, and the Sparkle framework for software updates. Such providers operate under their own terms, and we are not responsible for their acts or omissions.

12. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT IT WILL MEET YOUR REQUIREMENTS.

Some jurisdictions do not permit the exclusion of implied warranties, in which case the above exclusions apply to the maximum extent permitted by law. Where you are a consumer, your statutory rights are not affected.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, WORK PRODUCT, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SOFTWARE OR THESE TERMS, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SOFTWARE OR THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE LICENSE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

14. Indemnification

You agree to indemnify and hold harmless kiddyproof from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or in connection with your use of the Software in breach of these Terms or in violation of applicable law.

15. Termination

You may terminate these Terms at any time by ceasing use of the Software and deleting it. We may terminate the license granted under these Terms upon material breach, including the resale of license keys or circumvention of the licensing mechanism. Upon termination, you must cease all use of the Software and delete all copies.

Sections 3, 10, 12, 13, 14, 16 and 17 survive termination.

16. Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws principles. The state and federal courts located in Texas shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and the parties consent to such jurisdiction and venue.

Where you are a consumer resident outside the United States, this Section does not deprive you of the protection afforded by mandatory provisions of the law of your country of residence, or of the right to bring proceedings in the courts of that country.

17. General Provisions

Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

No waiver. Failure to enforce any provision shall not constitute a waiver of that or any other provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of assets.

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Software and supersede all prior agreements and understandings.

Changes. We may revise these Terms from time to time. The date of the most recent revision appears at the top of this page. Continued use of the Software after a revision constitutes acceptance of the revised Terms. Revisions do not apply retroactively to a completed purchase.

18. Contact

Questions relating to these Terms may be sent to [email protected].