Terms & Conditions

IMPORTANT: Kidhood Technologies OPC Pvt Ltd, a company incorporated under the Companies Act, 2013, with its registered office at #92/42, 2nd Cross, Raghavanagar NTY Layout Bangalore-26 (hereinafter referred to as “Company”), is the sole owner of the Application titled ‘GenBlend’ (“Application”, which expression shall include any versions of the Application designed for use on mobile phones and other devices) and its associated domain names and trademarks.

These Terms of Service (“Terms”) constitutes a binding contract between the Company and you [“User” which term shall mean the parent or legal guardian of the Child. For the purposes of these Terms, Child is any individual under the age of 18 years, on behalf of whom you are agreeing to these Terms (“Child/Children”)]. The User’s registration of the Application, use or access to the Services on the Application shall be governed by these Terms. If the User does not agree to these Terms, in full or in parts, the User must not use or access the Application in any manner.

Without prejudice to any other specific requirement which may be laid out in these Terms, User’s use of the Services and specifically, User’s acceptance of these Terms as aforesaid shall be deemed to be a representation from the User that the User is fully able and competent to lawfully enter into and form contracts, and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Since the Application is intended for use by Children, these Terms shall be required to be, and shall be deemed to be accepted by the parents or legal guardian of the Child on behalf of the Child.

Headings of clauses are only for convenience and are not intended to be used to interpret the contents thereunder. Please read these Terms fully.

Services
1. The Company is offering the following services on the Application to every registered User of the Application (collectively “Services”):

Access to educational content designed to combine entertainment/play and education, i.e., edutainment, to enhance physical, cognitive, emotional, and behavioral skills in children and contribute to overall child development and keep children productively engaged.

An AI module that enables the Child to play activities while being physically active, reducing sedentary game play compared to other apps.

The Company may at its sole discretion discontinue, modify, change, or remove any of the Services offered in the Application without any notification to the Users.

Notwithstanding anything to the contrary in these Terms, if the User becomes aware of any errors on the Application, the User shall contact the Company with the details of the errors and corrections. The Company shall make all reasonable efforts to carry out the corrections but shall not have any further liability to the User in respect thereof.

Applicability of the Terms
1. By the User’s use of the Application, User hereby gives unconditional consent to:

These Terms.
The “Privacy Policy” available on the Application and incorporated herein by reference. [Click here to view the Privacy Policy]

Any other notice, disclaimer, policy, or term of use, by whatever name called, which may be applicable to the use of the Services from time to time.

Registration
1. As a pre-condition to use the Services on the Application, User may be required to register and log in to the User account on behalf of the Child. The User may register on the Application by filling the specified forms and providing the Company with the requisite personal information, including but not limited to User’s name, phone number, e-mail ID, and the Child’s age and gender, as specified by the Company from time to time. The User hereby represents and warrants that any information that the User provides during the registration of the account is correct and complete in all material respects. The User shall be solely responsible to keep such information updated from time to time.
2. Upon successful entering the details for registration on the Application, the Company shall assign the User an account and issue a unique member ID. The registration of the User’s account shall be subject to successful verification through OTP generation in connection with the phone number provided by the User. User shall be solely responsible for maintaining the confidentiality and security of User’s member ID. User is solely responsible for the activity that occurs on the User’s account. User must notify the Company immediately of any breach of security or unauthorized use of User’s account. The Company hereby disclaims any responsibility for use of the Services by any other person through User’s account, irrespective of whether or not User permitted such use.
3. Upon acceptance of these Terms, the User shall be permitted to use and access the Services.
4. Subject to successful registration and the User’s continued adherence to these Terms and any other terms and conditions prescribed from time to time by the Company, the Company shall permit the User and the Child to access the Application and use the Services.
5. The Company shall not be liable for any loss, damage, injury or any liability, whether in tort, contract or other theory of liability, resulting from any unauthorized use of User’s account either by the User or the Child. However, User shall always be liable in relation to any losses of the Company or others due to such unauthorized use.
6. Except as expressly provided herein, the Company does not grant any express or implied permission to use the Services. In addition to the restrictions specified in these Terms, User shall also comply with any special terms and conditions in respect of any specific Service.
7. Notwithstanding anything to the contrary in these Terms, the Company reserves the right to restrict access to some or all parts of this Application or to discontinue any aspect of the Services at any time.
Consideration and Payment Terms
1. The Services are provided on a ‘no charge’ basis for a trial period of 7 (seven) days from the date of registering for the Application, following which, the Company shall charge such subscription amounts as it determines in its sole discretion from time to time. If the Company decides to charge the User for the Services, then User shall, in consideration of being rendered the Services, pay to the Company such charges. Notwithstanding anything to the contrary, all charges shall be non-refundable.
2. All payments shall be made by credit card, debit card or such other method as the Company may specify from time to time.
3. Unless permitted otherwise by the Company as per the then prevalent subscription package, all charges shall be paid in advance of availing of the Services and shall be non-refundable. For the avoidance of doubt, Company shall not refund any amount regardless of the reason for the termination or annulment of these Terms, even if User discontinues the Services during the period of User’s then current subscription package.
4. All taxes shall be charged extra at actuals and the User shall pay the same.
5. Except as provided herein, the User shall be responsible for all of User’s expenses related to these Terms.
6. User shall have no right to set off or adjust amounts due from User to the Company from any amounts that are actually or allegedly due by the Company to the User. However, the Company shall have the right to set off any amounts that are payable by the User to the Company (in reimbursement or otherwise) against any payments the Company may make to User.
7. Non-payment of charges and such other amounts shall result in suspension or termination of these Terms and User’s ability to use the Services.
8. While availing any of the payment method/s available on the Application, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to User due to:
  1. Lack of authorization for any transaction/s; or
  2. Payments exceeding the preset limit mutually agreed by User and between bank/s; or
  3. Any payment issues arising out of the transaction; or
  4. Decline of transaction for any other reason/s.
9. User understands, accepts and agrees that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on the Company’s Application using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, the Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the particular order.
Representations and Warranties

User hereby represents and warrants that:

User has the required legal capacity to enter into these Terms, and is authorized to accept these Terms on behalf of the Child and perform all User’s obligations hereunder.

User shall perform User’s obligations diligently and in a manner that always reflects well on the Application.

User shall ensure that, at all times, any information of the Child shall be entered into the Application by the User or under the User’s supervision.

User shall ensure that, at all times, the use of the Services by the Child on the Application shall be under the User’s supervision.

Any information the User provides about the User or the Child for the purpose of registering for the Application or using the Services is correct and complete in all material respects. The User shall be solely responsible to keep such information updated from time to time.

Amendments
1. These Terms may be amended at any time by the Company. All such amendments shall be binding on the User effective 24 (twenty-four) hours after the amended Terms are made available on the Application. It shall be User’s sole responsibility to check this page regularly to take notice of any changes the Company may have made to these Terms. If User does not agree with any amendment, the User shall stop User’s usage of the Services with no liability from the Company to User except in case of use of the Application prior to the amendments.

Although the Company may attempt to notify the User via e-mail when major changes are made to these Terms, it shall be solely the User’s responsibility to read and understand the most up-to-date version of the Terms on the Application. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.

Use of the Services
1. The Company reserves the exclusive right to make changes to the Services at any time without any obligation to serve advance notice to the User. Such changes will be at the sole discretion of the Company and shall be binding on the User.

User hereby represents and warrants that the User shall make use of the Services as a prudent, reasonable and law-abiding citizen. The User shall be responsible for the usage of the Services on behalf of the Child and shall ensure that the Child uses the Services as aforesaid.

The Company may, in its sole discretion, suspend the User’s use of the Services or terminate User’s contract under these Terms.

The Company shall not be responsible for the unavailability of the Application or any delay or failure resulting from any reason whatsoever, including but not limited to infrastructure issues, server uptime, network availability and connectivity.

User agrees not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Services.

User shall not use the Services to do anything that is contrary to the law, decency or morality.

User shall not use the Service to make unsolicited offers, advertisements, proposals, or send junk mail or spam to others.

User shall not take any action that would cause the Company to suffer any types of losses.

User shall not reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, install any software, file, or code on the Services that is not authorized by Company, or attempt to do so.

User agrees not to collect or harvest from the Services any personally identifiable information, including account names, or to use the communication platforms provided by the Services (e.g., comments, email) for any commercial solicitation or other purposes.

In User’s use of the Services, User shall always comply with all domestic or international (as applicable) laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over the User, whether those laws, etc. are now in effect or later come into effect during the time the User is availing the Company’s Services.

User shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the content on the Application.

User agrees not to hack, circumvent, disable, corrupt or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein. User shall also not attempt to affect the performance or functionality of any facilities available on the Application.

In User’s use of the Services, User shall not transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene hack into any aspect of the Services.

Except for the Services explicitly provided, the Company does not provide, control or endorse any third-party information, products or services in any manner whatsoever, even if such third party information, products or services are advertised on the Application. The Application may contain links to other Applications (“Linked Applications”), which are not moderated or operated by the Company. The Company has no control over the Linked Applications and accepts no responsibility for them or for any loss or damage that may arise from User’s use of such Linked Applications. User’s use of the Linked Applications will be subject to the terms of use and service of such Linked Application.

The Company will not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses or other technologically harmful material that may infect User’s computer equipment, computer programs, data, or other proprietary material due to User’s use of the Application or download of any material from the Application.

The Application is meant for use by children, i.e., individuals below the age of 18 years. The User shall ensure that the usage of the Services by the Child shall be under the User’s supervision at all times and the Child shall also comply with all the aforesaid usage terms and restrictions of the Application.

Breach of the above clauses shall amount to a criminal offence under the National Cyber Security Policy 2013. The Company shall report any such breach and disclose User’s identity to the relevant law enforcement authorities.

Termination and Suspension
1. Notwithstanding anything to the contrary in these Terms, any other terms, or any other communication between User and the Company, Company may terminate the Services at any time with or without notice, and for or without any reasons, with absolutely no liability to User.

Without prejudice to the foregoing:

Company reserves the right to terminate these Terms without notice and without liability to User on becoming aware that the User has violated these Terms or any other guidelines and rules published in respect of the Services.

If the Company reasonably concludes based on information available to the Company that User’s actions and/or performance in connection with the Terms may result in a significant number of customer disputes, chargebacks or other claims in connection with the Application, Company may block, restrict, disable, suspend or terminate User’s access to all or part of the Services at any time in Company’s discretion, without prior notice or liability to the User.

Without prejudice to its other rights and remedies, the Company may, without prior notice, restrict User/Child’s access or use of Application (or any features within the Application), indefinitely suspend or immediately terminate this contract with the User or stop the User/Child from using the Services if it is discovered that the details the User gave at the time of registration or login are materially inaccurate or false, or if the User fails to keep such details updated from time to time, in its sole discretion. The Company may also launch, change, upgrade or impose conditions to suspend or stop any Services or any features without prior notice.

Warranty
1. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER THROUGH THE SERVICES WILL CONSTITUTE OR CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN AS AGAINST THE COMPANY.

USER EXPRESSLY AGREES THAT USE OF THE SERVICES BY THE USER AND THE CHILD IS AT USER’S SOLE RISK. THE SERVICES AND ANY DATA, INFORMATION, THIRD PARTY SOFTWARE, REFERENCE SITES, SERVICES, OR SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

THE USER HEREBY AGREES THAT THE COMPANY DOES NOT PROVIDE ANY INSURANCE REGARDING ANY OF THE SERVICES RENDERED BY IT ON ITS OWN, OR THROUGH ITS AFFILIATES, AGENTS OR ASSIGNEES.

Intellectual Property
1. The Company and its licensors, if any, shall be the sole and absolute owners in the Application, including but not limited to the Services offered thereunder, the idea behind the Services, the content, layout, designs and copyright in the Application, including all trademarks, designs, logos and other insignia of trade used on the Application and elsewhere during the performance of the Services, all of which are subject to protection under patent, copyright, trade mark and trade secret and other intellectual property laws of India and other countries. User may use the content supplied solely for User’s own personal use. User is not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to User or which appears on this Application nor may User use any such content in connection with any business or commercial enterprise. Any copying of any part of the Services or marks shall entail immediate termination of these Terms without prejudice to the other rights and remedies of the Company, including for civil wrongs and criminal offences.
Limitation of Liability
1. THE COMPANY HAS UNDERTAKEN GREAT CARE TO ENSURE THAT ALL THE INFORMATION ON THE APPLICATION IS ACCURATE, BUT THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, PARTNERS AND EMPLOYEES, OR ITS CONTRACTORS, AGENTS, LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO THE USER FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS OPPORTUNITIES, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (III) DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, (IV) THE FAILURE OF A CHILD TO LEARN OR OTHERWISE BENEFIT EDUCATIONALLY FROM HIS OR HER USE OF THE SERVICES, (V) DEATH OR ANY BODILY INJURY SUFFERED BY THE CHILD DURING THE COURSE OF USING OUR SERVICES ON OUR APPLICATION, OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION OR SERVICE. TO THE EXTENT THE FOREGOING LIMITATIONS AND EXCLUSIONS ARE NOT ENFORCEABLE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE MAXIMUM LIABILITY OF THE COMPANY SHALL BE LIMITED TO INR 1000/- (INDIAN RUPEES ONE THOUSAND ONLY).
2. USER ACKNOWLEDGES AND AGREES THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE USER AND THE COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN USER AND COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO THE USER ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
3. THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE APPLICATION DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE APPLICATION THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND COMPANY'S CONTROL. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APPLICATION IS DONE ENTIRELY AT USER’S OWN DISCRETION AND RISK AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
4. THE SERVICES ARE CONTROLLED AND OFFERED BY THE COMPANY FROM ITS FACILITIES IN INDIA. IF YOU ARE A USER OUTSIDE INDIA, PLEASE TAKE NOTE THE COMPANY IS SUBJECT ONLY TO INDIAN LAW AND ONLY TO THE JURISDICTION OF INDIAN COURTS. THE COMPANY MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THEREFORE, IF YOU ARE A USER OUTSIDE INDIA, YOU MAY USE THE SERVICES SOLELY ON YOUR OWN VOLITION AND AT YOUR OWN RISK. YOU SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Indemnity
1. User hereby agrees to defend, indemnify and hold harmless the Company, its affiliates, officers, partners, employees, consultants and agents, from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) User’s use of the Services; (ii) User’s violation of any provision of these Terms; (iii) User’s violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) User’s violation or breach of any representations and warranties. This indemnification obligation shall survive these Terms and use of the Services. If the Child authorized by the User, to use or access the Services disaffirms or breaches any or all of these Terms, the User agrees to defend, indemnify, and hold Company harmless for any damages that Company suffers due to the Child’s disaffirmance or breach.
Governing Law and Arbitration
1. These Terms are governed by and shall be construed in accordance with the laws of India without respect to its conflict of laws provisions.
2. Disputes, if any, shall be attempted to be resolved amicably for thirty (30) days. Unresolved disputes shall be referred to an independent, sole arbitrator in Bangalore appointed by the Company in accordance with the procedure established by the Arbitration and Conciliation Act, 1996. Subject to the foregoing, User hereby consents to the exclusive jurisdiction of the Courts in Bangalore.
Miscellaneous
1. Headings. All headings used in these Terms are for convenience only and shall not affect the construction hereof.
2. No Waiver. No failure or delay in exercising any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. No waiver of any provision hereof shall be effective unless the same shall be in writing and signed.
3. Severability. If any provision of these Terms is prohibited or unenforceable, it shall be ineffective only to the extent of such prohibition or unenforceability, and such prohibition or unenforceability shall not invalidate the balance of such provision to the extent it is not prohibited or enforceable nor the remaining provisions hereof, nor render unenforceable such provision in any other jurisdiction. In the event any provisions of these Terms shall be held to be invalid, illegal or unenforceable, the parties hereto shall use their best efforts to substitute valid, legal and enforceable provisions which, insofar as practical, implement the purposes hereof.
4. Cumulative Remedies. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
5. Force Majeure: If the whole or any part of the performance of the respective obligations of the parties hereunder is prevented or delayed by reasons of natural calamities, war, arson, civil disturbance, and such other reasons beyond the reasonable control of a person (each a “Force Majeure Event”), then to the extent either party shall be prevented or delayed from performing all or any part of their respective obligations under these Terms despite due diligence and reasonable efforts to do so, then such party shall be excused from performance hereunder for so long as reasons of Force Majeure Event. A Force Majeure Event shall not affect the payment obligations of the parties unless there is legal bar / embargo to the making of the payments.
6. Assignment: The right to use the Services is personal to the User and is not transferable by assignment, sublicense, or any other method to any other person or entity. The Child may use the Services in the Application, under the supervision of the User at all times.