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Version: 1.0
Updated: August 22, 2024
We want to make sure you understand what you are signing up for when you agree to the full Terms of Service. So, here’s the gist:
For many places, that’s age 16, but it may differ, depending on your location. Parents or guardians can still upload and manage their dependents’ information, and it will be there for them when they’re old enough to use Moms Kidz themselves.
We don’t cut any corners with security, but digital services are never 100% safe. You can do your part by turning on two-factor authentication and securing your devices.
Please obey the law, be responsible for your own equipment and content, and don’t upload anything offensive to Moms Kidz.
Moms Kidz will help you keep all of your health information organized, but it is not intended to diagnose, treat, cure, or prevent any disease.
Let us know if you have questions at [email protected]. We’re always here to help.
These Terms of Service (“Terms”) govern your use of the Moms Kidz product/service (“Moms Kidz”) offered by Building Blocks Health, LLC (“The Company”), including the websites and digital applications that are associated with Moms Kidz. Our Privacy Policy and Cookie Policy are incorporated into and subject to these Terms.
You must accept these Terms to create an account and use Moms Kidz. You accept these Terms by using any part of the Moms Kidz. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE ANY PART OF BACKPACK HEALTH.
You may use Moms Kidz if you are at least 13 years of age or older (actual age depends on where you live), are not barred from receiving services under applicable law, and, for certain features and services, have established a Moms Kidz account. You may connect to Moms Kidz using The Company’s digital applications, software developed by The Company, approved third-party applications, or via our website (“Approved Connections”). You may not connect to Moms Kidz through any unauthorized application or third-party connection, or by other means which are not Approved Connections. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access Moms Kidz.
As a condition for your use of Moms Kidz, you represent and warrant that (1) you possess legal authority to enter into these Terms and to perform obligations hereunder (or a parent or guardian who possesses legal authority on behalf of a third party); (2) these Terms do not and will not violate any other agreement to which you are bound or subject; (3) you will safeguard your account information and will supervise and be responsible for any use of your account by anyone other than you; (4) you will not infringe any right of any third party or harm any Moms Kidz user; (5) 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 (6) you are not listed on any U.S. government list of prohibited or restricted parties.
You may create an account by providing us with a valid email address and password and signing up for Moms Kidz.
You are responsible for all activity that occurs in association with your account. The Company is not responsible for any loss or damages caused by your failure to maintain the confidentiality of your account credentials. You agree that we may contact you regarding your Moms Kid account.
Your use of Moms Kidz is dependent upon your use of a computer with adequate software or a mobile device and internet access. The maintenance and security of this equipment may influence the performance of, and your access to, Moms Kidz, and it is your responsibility to ensure the equipment’s functionality and security.
You may post certain content, including but not limited to health-related files (for example, copies of medical records), other files, comments, photos, notes, and other information (“Your Content”) to Moms Kidz. By making Your Content available on or through Moms Kidz you grant to The Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use Your Content in accordance with our Privacy Policy and in connection with providing Moms Kidz services.
You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use of Your Content on Moms Kidz will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy. You are liable for any harm caused by content that you upload and share with Moms Kidz (for example, viruses).
Moms Kidz is intended for your personal, non-commercial use.
The Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use Moms Kidz consistent with these Terms. Additionally, with respect to Moms Kidz digital applications that you access through the app store developed and maintained by Apple Inc. (“Apple App Store”), you are granted a non-transferable license to use such digital applications on any iPhone, iPad or iPod touch that you own or control and as permitted by the usage rules set forth in the Apple Media Services Terms and Conditions. For Moms Kidz applications that you access through the app store developed and maintained by Google Inc. (“Google Play”), you are granted a non-transferable license to use such applications as permitted by Google Terms of Service, and the Google Play Terms of Service.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any text, graphics, images, music, software, audio, video, works of authorship of any kind, or information or other materials that are posted, generated, provided or otherwise made available through Moms Kidz to you, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by The Company or its licensors, except for the licenses and rights expressly granted in these Terms.
You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Moms Kidz.
You additionally agree that you will not: (1) use, display, mirror or frame Moms Kidz or any element within Moms Kidz, Moms Kidz name, any of The Company’s trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without The Company’s express written consent; (2) access or tamper with non-public areas of Moms Kidz; (3) test the vulnerability of any of The Company’s systems or breach any security or authentication measures; (4) circumvent any technological measure implemented by The Company or any of The Company’s providers or any other third party (including another user) to protect Moms Kidz; (5) access Moms Kidz through the use of any mechanism other than through the use of an Approved Connection; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that The Company provides to you.
You also agree that Your Content will comply with the following community guidelines:
We are not obligated to monitor access to, or use of, Moms Kidz or Your Content or to review or edit any of Your Content, but we have the right to do so for the purpose of operating Moms Kidz, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities, and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable your access to Moms Kidz or Your Content at any time and without notice, and at our sole discretion, if we determine that Moms Kidz, Your Content, or your use of Moms Kidz is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects Moms Kidz.
MOMS KIDZ IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that Moms Kidz will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of Moms Kidz. We additionally make no warranty of any kind regarding the digital applications through which you may access Moms Kidz, including but not limited to the Apple App Store and Google Play. You acknowledge and agree that if you rely on Moms Kidz in any respect, you do so solely at your own risk.
Moms Kidz is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical condition, consult your doctor. We are not responsible for any health problems that may result from products or information you learn about through Moms Kidz. If you engage in any activity, you learn about through Moms Kidz, you agree that you do so at your own risk and are voluntarily participating in these activities.
Moms Kidz may incorporate content from external sources, including but not limited to external medical source content and translations of terms that you and/or The Company enter into, or make a part of, Moms Kidz. You acknowledge that such external source content may contain errors and that The Company does not guarantee the quality, accuracy, completeness or reliability of such content.
The Company respects copyright law and expects its users to do the same. The Company reserves the right to terminate users’ accounts and access to Moms Kidz by individuals who infringe the rights of copyright holders.
Feedback and Complaints
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction, except as limited by applicable law and as described in our Privacy Policy, and without compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by The Company, or obtained from sources other than you.
With respect to The Company’s digital applications that you use through the Apple App Store, you and The Company acknowledge that The Company, not Apple, is responsible for addressing any claims of you or a third party relating to such applications or your possession and/or use of such applications, including, but not limited to: (i) product liability claims; (ii) any claim that a digital application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Alerts and Notifications
As part of your use of Moms Kidz, you may receive notifications, text messages, alerts, or emails from The Company if you agree to the receipt of these communications. You can control receipt of communications from your account settings. You are responsible for any messaging or data fees you may be charged by your wireless carrier.
Moms Kidz may contain links to third-party websites, apps, services and resources (collectively “Third Party Resources”) that are not under The Company’s control. We are not responsible for the content, products or services that are available from Third Party Resources. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Resources.
The Company may change or discontinue, temporarily or permanently, any feature or component of Moms Kidz at any time without notice. The Company is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of Moms Kidz. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed without prior notice to you.
If you violate these Terms, we reserve the right to deactivate or suspend your account or terminate your access to Moms Kidz, or any component thereof, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account in accordance with our Privacy Policy. You may cancel your account at any time within the Moms Kid application. Upon any termination, discontinuation or cancellation of Moms Kidz or your account, the following provisions of these Terms will survive: Your Content; Moms Kid General Guidelines; Our Enforcement Rights; Disclaimer; Termination; Indemnification; Limitation of Liability; and Miscellaneous Terms.
You will indemnify and hold harmless The Company and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of Moms Kidz, (ii) Your Content, or (iii) your breach of any provisions included under these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
NEITHER THE COMPANY, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING MOMS KIDZ WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE MOMS KIDZ, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE MOMS KIDZ EXCEED ONE HUNDRED DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
These Terms are subject to change. If we make changes to the Terms, we will post the modified Terms on our website and may also notify you in some other manner. When you use Moms Kidz after a modification is made to these Terms, you expressly agree to the modified Terms.
For information about how we respect users’ privacy and comply with applicable privacy laws, please see our Privacy Policy, which is incorporated into and subject to these Terms.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between The Company and you regarding Moms Kidz, and these Terms supersede and replace any and all prior oral or written understandings or agreements between The Company and you regarding Backpack Health. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
You and The Company acknowledge that these Terms are between you and The Company only, and though you may access The Company’s digital applications through the Apple App Store or Google Play, The Company, not Apple or Google, is solely responsible for those digital applications and the content thereof as specified in these Terms. Accordingly, you and The Company acknowledge that Apple or Google does not have any obligation to furnish any maintenance or support services with respect to such digital applications. Additionally, in the event of any third-party claim that any such digital application or your possession or use thereof infringes that third party’s intellectual property rights, The Company, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.
Any notices or other communications provided by The Company under these Terms, including those regarding modifications to these Terms, will be given via email communication, notification via app, or by posting to our website.
You may not assign your rights or obligations under these Terms, and any attempt by you to assign will be void. The Company may assign its rights and obligations under these Terms without restriction.
You and The Company acknowledge and agree that, with respect to provisions under these Terms relating to The Company’s digital applications used through the Apple App Store, 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.
The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The exercise by either party of any of its remedies under these Terms shall not prejudice or affect its other remedies under these Terms.
Please feel free to contact us if you have questions, comments or complaints about these Terms:
Moms Kidz
Email: [email protected]
Mom Kidz © 2023. All Right at Reserved.