Terms of Service
Effective date: May 20, 2022
Welcome to Bekids!
Bekids is a leading provider of tech-powered, intellectual development products worldwide that is committed to making the child-rearing experience easier for parents and transforming cognitive development into a fun journey for children. You are now reading the terms of service (the "Terms"), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use our related websites (such as bekids.com), services, applications and other content which are stated to be offered subject to these Terms (collectively, the "Services").
When used in these Terms, "Bekids," "we," "us," or "our" refers to iHuman Online Limited, which is registered in 9/F., MW Tower, No.111 Bonham Strand, Sheung Wan, Hong Kong with whom you are contracting. For the purposes of these Terms, "you" and "your" means you as the user of the Services.
By accessing our services, downloading our applications, or continuing to use the services, you acknowledge that: (1) you are at least 18 years of age or any older legal age required to form a contract in your jurisdiction; (2) you have the right, authority and legal capacity to enter into this agreement; (3) you have read, understood and agree to be bound by these terms with respect to yourself and any minor child authorized by you.
This Terms consist of two parts: (I) the General Terms (the "General Terms"); and (II) the Special Terms which are set forth in the Jurisdiction Schedule (the "Special Terms"). For the avoidance of doubt, the terms and conditions in the Special Terms shall apply specifically only to the users who are using Services in the corresponding jurisdictions. In the event that there is any inconsistency between the General Terms and the Special Terms, the Special Terms shall prevail to the extent necessary to resolve such inconsistency.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully and if you do not agree to them, please do not register, access or use any of the Services.
Table of Contents
1. Description of the Services
8. Termination, Suspension and other Measures.
9. Protection of Personal Information
II SPECIAL TERMS——JURISDICTION SCHEDULE
Special Terms for the US Users
Special Terms for EU and UK Users
1A. Kids, if you have not reached the age of majority in your jurisdiction, you must have a parent or legal guardian read and accept these Terms of Service on your behalf and take full responsibility for compliance with these terms of service.
1B. Child refers to the minor under guardianship who is under the age of 14 or otherwise provided by the applicable laws in your jurisdiction.
1C. Our Children Mobile Applications (the "Apps") are available only in Apple App Store, Google Play. The aforementioned platforms are the only authorized channels to download and access our Apps.
2A. We are constantly innovating, changing and improving the Services. We may also amend these Terms from time to time, for instance when we update the functionality of the Services, or when there are regulatory changes that impact these Terms or the Services.
2B. When we make material changes to these Terms, we will post the revised Terms on our website and Apps and update the "Last Updated" date at the top of these Terms. We will also provide reasonable advance notice such as through a notice in our Apps. As we do not permit the use of the Services by persons who do not agree to comply with our Terms, your continued access or use of the Services after the date of the new Terms constitutes your acceptance of such new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services and close your account (if applicable).
3A. To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. The Terms are also accessible to you on the Apps and websites at all times. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify us if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised.
3B. You understand and agree that you can only register one account when you register with an email for our Apps. If you have successfully registered an account for a certain Bekids Children App with an email, you may choose to log in to other Apps with the same email address. Although it is possible to log in to all Apps with the same email address, the account data of different Apps cannot be intercommunicated.
You understand and agree that the registration information submitted or created by you, such as nickname and head portrait shall not contain any content that violates the applicable laws, social customs or infringes upon the rights and interests of us or others.
5A. Unless otherwise agreed or stated by us, all contents (except for the content that you have copyrighted under the applicable laws) including technology, software, programs, data and other information (including, but not limited to, text, images, pictures, photographs, audio, video, graphs, colors, layout, electronic documents) and all intellectual property rights (including but not limited to copyright, trademark, patent, trade secret, etc.) and related rights and interests in the content created, collated or otherwise generated by us shall be owned by us. You acknowledge and agree that your use of the Services will not cause any transfer of rights in terms of any intellectual property rights and related interests owned by us.
5B. You shall not use, delete without permission, cover up or alter any of our business logos including but not limited to the logo "bekids" under any circumstances, service marks, trade names, domain names, or other distinctive brand characteristics (hereinafter referred to as "Logos"). Without our prior written consent, you shall not display, use or apply for the registration of trademarks, domain names, etc. individually or in combination with any ways, nor shall you express or imply to others that you have the right to display, use, or otherwise have the right to dispose of such Logos, nor shall you engage in any other acts that would mislead others to believe that you are associated with such Logos. You shall be held fully liable for any loss or damage caused to us or others by you as a result of the use of such Logos in violation of this Terms.
6A. You shall not infringe our intellectual property either intentionally, recklessly or negligently:
i. Do not make copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Services or any derivative works thereof unless any such activities are expressly authorised by us in advance.
ii. Do not distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof.
iii. Do not incorporate the Services or any portion thereof into any other program or product and, in such case, we reserve the right to refuse service, terminate accounts or limit access to the Services at our sole discretion.
6B. You shall not scrape, hack, reverse engineer, compromise or impair our Services:
i. Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from our websites or Apps.
ii. Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Apps or Content.
iii. Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide our Services.
iv. Do not take any action that could damage or adversely affect the performance or proper functioning of our Services.
6C. You shall not use the Services to either intentionally, recklessly or negligently upload, distribute,or otherwise make available:
i. any material which does or may infringe applicable laws or which infringes someone ease's rights.
ii. any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
iii. any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other prohibited form of solicitation.
iv. any material which does or may infringe any copyright, trade mark or other intellectual property of any other person.
v. any material which infringes privacy or personality rights of any other person or deceased person.
vi. any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory.
vii. any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm.
viii. any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people.
ix. any material that contains a threat of any kind, including threats of physical violence.
x. any material that is racist or discriminatory, including discrimination on the basis of someone's race, religion, age, gender, disability or sexuality.
xi. any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide.
xii. any material that, in the sole judgment of Bekids, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Bekids, the Services or its users to any harm or liability of any type.
7A. When providing Services to you, we will charge you fees for the membership subscription services (the "Membership Subscription Services"). The specific Membership Subscription Services of each App is listed in such App. If you do not agree to pay such fees, you will not be able to use the Membership Subscription Services.
7B. We establish different rate standards depending on the service types and duration of the Membership Subscription Services and may adjust the fees from time to time at our sole discretion. For details, please refer to the fees standards listed in our Apps.
7C. You understand and agree that, if you have made payment in accordance with the subscription policy published and actually displayed in our Apps, we will not be able to refund the amount you have paid, even if you subsequently cancel your membership subscription or other Membership Subscription Services, regardless of the request of cancellation or refund is raised within the validity period of your paid subscription.
7D. You are further kindly reminded that Apple App Store and Google Play may automatically charge fees from your account according to its policies. Therefore, please carefully read the policies of your app store. If you want to disable the automatic fee charging function, please follow the relevant policies and subscription rules of your app store.
8A. In accordance with the development of Bekids' business or for other reasonable reasons, and to the maximum permitted by the applicable laws and subject to the fulfillment of any mandatory requirements, we could change or terminate any or all of the Services, or to change, delete or transfer what you have stored or published in our Services at any time, in which event we shall not be liable for any breach of contract to you or any third party. You can contact us to resolve relevant issues in the manner as described in Section 13 hereof while we terminate the operation of the Services.
8B. You may terminate this agreement at any time by cancelling your account. Please note that the cancellation of an account is irreversible, and that, once you cancel the account, you will not be able to log in the cancelled account and you are deemed to have voluntarily waived all your existing rights and interests in the account (including but not limited to your right to use subscribed contents).
8C. Bekids may terminate your account for any reason by giving you 30 days' notice via email or using any other contact information you have provided for your account. We may also suspend, terminate this agreement immediately and without notice and stop providing access to our Services if (i) you breach the Terms, our additional legal terms, policies, or our standards, (ii) you violate applicable laws, regulations, or third-party rights, or (iii) we believe it is reasonably necessary to protect us or third parties
8D. You have the right to cancel your Account. Please note that the cancellation of an account is irreversible, and that, once you cancel the account, you will not be able to log in the cancelled account and you are deemed to have voluntarily waived all your existing rights and interests in the account (including but not limited to your right to use subscribed contents).
8E. We may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described in Section 8C.
8F. You agree to defend, indemnify, and hold harmless Bekids, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
10A. We attach great importance to child protection. In accordance with the applicable laws, you acknowledge and undertake that you are the guardian of the child who is using our Services, or an adult user. We have the right to stop providing Services once we are aware there is no permission made by the guardian.
10B. Guardians shall guide their children to pay attention to the safety of accessing the Internet. Payment is not allowed to be made by children when using our Services, and if there is any payment requirement, children shall ask their guardians to operate.
11A. You understand and acknowledge that the Services are provided in a form consistent with the existing technology and conditions, that we cannot guarantee that the Services provided are free from any defects, and that we do not make any express or implied commitment or guarantee for the Services we provided (including technology and information), including but not limited to quality, stability, correctness, timeliness, completeness, consistency and safety. However, we undertake to continuously improve the quality and level of service and provide you with better service.
11B. We do not warrant for the matters due to the limitations of the technology, we cannot guarantee that our website, apps are fully compatible with other software, hardware and systems, even if we have made our best efforts.
11C. We do not warrant any matters related to the interruption of our Services, data loss, account loss, and damage to data in account and other losses or risks which may be caused by the force majeure, hacker attack, system instability, network interruption, user shutdown, communication line, third-party service defect, government action, and planning/adjustment/revision of the services.
11D. We do not guarantee the safety, reliability, timeliness and performance of our Services.
11E. We do not guarantee that any Services or other materials provided meet your expectations.
11F. We do not undertake any direct, indirect, incidental, derivative or punitive damages for loss of profits, business reputation, information or other tangible or intangible losses arising from:
i. use or failure in use of our Services;
ii. any product, information or service purchased or acquired through our Services;
iii. unauthorized use or modification of user data for any reason that not caused by us.
11G. You shall take good care of your account and password, strengthen the password security, and change password regularly to guard against the leak or theft of the account. We shall not be liable for any losses, such as loss or decrease of the rights and interests of the account if the account is leaked or stolen for any reasons that not caused by us.
11H. We are only responsible for the direct liability expressly provided for herein. Unless otherwise provided herein, the total liabilities that we shall be responsible for hereunder shall not exceed the total amount of the fee charged by us for the provision of Services to you.
11I. We shall not be liable for any special, indirect, punitive, incidental or consequential damages or any other damages (including but not limited to, loss of profit or interest, interruption of business, loss of materials) caused by any acts for any reason whatsoever, no matter the damages are foreseeable or not, and regardless of the form of conduct.
11J. You agree to defend, indemnify, and hold harmless Bekids, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you or any user of your account of these terms or arising out of a breach of your obligations, representation and warranties under these terms.
11K. You explicitly acknowledge and understand that for any services you purchased labeled as "perpetual", permanent or similar descriptions, they shall be interpreted as you will be entitled to use such services for unlimited period during the operation of such Services. It should not be deemed as we make any explicit or implied warranties that we will operate such Services permanently.
All notices we send to you under the terms and conditions of this Terms may be sent through Apps notice, websites, email, and shall be deemed to have been sent to you on the date of delivery.
If you have any doubts, inquires or complaints, etc., when reading this Agreement, you are able to contact us through the following means: (i) login to Apps for on-line complaints and feedback according to the operating instructions; (ii) send an email to firstname.lastname@example.org; and (iii) other contact information we provide. We will reply to you as soon as possible upon receipt of your comments and suggestions. Generally, we will not charge you for this service.
14A. Unless otherwise provided by applicable laws and subject to the fulfillment of any mandatory requirements, the conclusion, effectiveness, performance and interpretation of and settlement of disputes arising from or in connection with this agreement shall be governed by the laws of the Hong Kong special administrative region, China.
14B. Any dispute, controversy, difference or claim arising out of or relating to this agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC administered arbitration rules in force when the notice of arbitration is submitted.
15A. No Waiver. our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
15B. Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without our prior written consent. Bekids may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days' prior notice.
15C. Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
15D. Entire Agreement.These Terms constitute the whole legal agreement between you and Bekids and govern your use of the Services and completely replace any prior agreements between you and Bekids in relation to the Services.
1. Description of the Services
Section 1B shall be replaced with the following:
1B. Child refers to the minor under guardianship who is under the age of 13.
5. Intellectual Property.
The following shall be added to the end of Section 5:
5C. Removal of Infringing Materials – Digital Millennium Copyright Act Policy
i. Anyone who believes that any materials accessible on or through our Services infringe his or her copyright may submit a notification to our copyright agent in accordance with the Digital Millennium Copyright Act (the "DMCA"), by providing the following information in writing:
a. identification of the copyrighted work that is claimed to be infringed;
b. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
c. information for us to contact you, including an address, telephone number, and, if available, email address;
d. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
e. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
f. a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
ii. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, "trademark") in your written notice. You acknowledge that if you fail to comply with all of the requirements of the notice of infringement as specified above, your DMCA notice may not be valid.
iii. Our agent for DMCA notice of claims of copyright infringement on Bekids Services ("Copyright Agent") can be reached as follows:
Please place "Legal Support, DMCA" in the Subject Header (if by email).
iv. We will respond expeditiously to copyright infringement claims reported to our Copyright Agent through the notification explained above. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users of our Services who repeatedly infringe copyrights or intellectual property rights of others.
v. Please be aware that if you knowingly materially misrepresent that material or activity on Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
vi. If you believe that your content that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the applicable laws, to post and use the content in your user content, you may send a counter notice containing the following information to our Copyright Agent: (1) your physical or electronic signature (with your full legal name); (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content; (4) information by which we can contract you including your name, address, telephone number, and email address; and (5) a statement that you will consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which Services may be found) and that you will accept service of process from the person who provided the original notification of the alleged infringement.
vii. If a counter notice is received by our Copyright Agent, we may send a copy of the counter notice to the original complaining party informing that person that we may restore the removed content or enable the access to it. Unless the original complaining party files an action seeking a court order against the content provider, member or user, within ten business days of receiving the copy of the counter notice, we may restore the removed content or enable the access at our sole discretion.
viii. Please be aware that if you knowingly materially misrepresent that material or activity on Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
The following shall be added to the end of section 15:
15E. California Consumer Rights Notice
Under California Civil Code Section 1789.3, California users of our Services receive 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 the contact information set forth at http://www.dca.ca.gov/about_dca/contactus.shtml.
Users of the Services who are California residents and are under 18 years of age may request and obtain removal of user content they posted by contacting us at:[email@example.com]. All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the user content you want removed and information reasonably sufficient to permit us to locate that user content. We do not accept California Removal Requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.
You agree that you will not export or re-export, directly or indirectly Bekids Services and/or other information or materials provided by us hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, Bekids Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a "terrorist supporting" country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
15G. U.S. Government Restricted Rights
Bekids Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end Users (a) only as Commercial Items and (b) with only those rights as are granted to all other end Users pursuant to the terms and conditions herein.
1. Description of the Services
Section 1B shall be replaced with the following:
1B. Child refers to the minor under guardianship who is under the age of 16, unless otherwise provided by the Member States.
3. Rules for Account.
The following shall be added to the end of section 3:
8. Termination, Suspension and other Measures.
The following shall be added after the end of Section 8:
8G. This Section is subject to the applicable laws. And where this Section is found by any local court or administrative body of competent jurisdiction to be invalid or unenforceable, the local applicable laws shall prevail.
9. Protection of Users' Personal Information.
Section 9B shall be replaced with the following:
The following shall be added to the end of section 15.
15E. For avoidance of doubt, all the terms and expressions of "personal information" used herein shall be equivalently replaced with "personal data".