Terms of Use

KidsLoop Group and/or its affiliates and subsidiaries (collectively, “KidsLoop Group” “we” or “us”) are pleased to provide you certain websites, software, content, products, and services (“KidsLoop Services”), which may be branded KidsLoop, Badanamu Series, Badanamu Learn and Play or another brand owned or licensed by KidsLoop Group.

The following Terms of Use, along with our Privacy Policy (the “Terms of Use”), will govern your use of KidsLoop Services that we provide through our applications (Badanamu ESL and KidsLoop App, together as the “Apps”) in general. By using or accessing the Apps, subscribing to our KidsLoop Services, or making in-app purchases (collectively “Using KidsLoop Services”), you accept and agree to be bound by the terms and provisions of this Terms of Use.

In addition, when using the Apps, you shall be subject to any posted guidelines or rules applicable to the same, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you do not agree with Terms of Use in their entirety, then you may not continue to use KidsLoop Services and the Apps.

By entering into the Terms of Use, you specifically agree (i) that arbitration is the exclusive dispute resolution method between you and KidsLoop Group; and (ii) to waive any and all of your rights to pursue or participate in a class action against KidsLoop Group and related parties with regards to KidsLoop Services and the Apps.

 

PRIVACY:

Please review our Privacy Policy, which also governs your use of KidsLoop Services and Apps, to understand our practices. The Privacy Policy explains our privacy practices for KidsLoop Services and the Apps. By using KidsLoop Services and the Apps, you also consent to our Privacy Policy.

 

INTELLECTUAL PROPERTY RIGHTS:

KidsLoop Services and the Apps, including, but not limited to, songs, games, activities, stories, text, graphics, images, audio clips, music, videos and digital downloads, trademarks, service marks, logos, button icons, artwork, are our copyrighted, patented or trademarked property or the copyrighted, patented or trademarked property of our licensors and all copyrights, trademarks, service marks, trade names, trade dress, patents and other intellectual property rights in KidsLoop Services are owned by KidsLoop Group or our licensors (who may be third-party beneficiaries of the Terms of Use) and protected by the copyright, trademark, patent and other laws of Republic of Korea and international treaties.

 

LICENSE AND ACCESS:

As a user of KidsLoop Services and the Apps, you are granted a non-exclusive, revocable and limited license to access and use KidsLoop Services and the Apps (and its associated content). We may terminate this license at any time for any reason, whatsoever. You may use KidsLoop Services and the Apps for your own personal, non-commercial use. No part of KidsLoop Services and the Apps may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer KidsLoop Services and the Apps. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from KidsLoop Services and the Apps except as expressly permitted by us. We reserve any rights not explicitly granted in these Terms of Use. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of KidsLoop Services and the Apps. Any attempt to perform any of the restricted actions listed above is a violation of the rights of KidsLoop Group. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

As a user of KidsLoop Services and the App, your license is provided solely for access to KidsLoop Services and the Apps in order to obtain information about KidsLoop Services and the Apps and/or the associated content and to register for a subscription. Visitors of the platform are not authorized to access any KidsLoop Services and the Apps and/or data available to members.

 

BASIC (FREE) SERVICE:

A limited number of songs and other content will be made available free to the users of KidsLoop Services and the Apps and unlocking any additional contents and/or services will require in-app purchase.

 

IN-APP PURCHASES AND BILLING:

By agreeing to opt for an in-app purchase, you agree to pay the required amount and are also required to agree to the terms and conditions of the specific payment method chosen through Apple App Store or Google Play Store. Your download of Applications through such third parties is subject to their respective terms of use. KidsLoop Group may change the price of any or all of the packs available for in-app purchase, at its own discretion. If you do not agree to this price change, you may not make the respective in-app purchase.

Use of KidsLoop Services and the Apps may be subject to standard messaging, data and other fees that may be charged by your mobile carrier. Your carrier may also prohibit or restrict the Apps and the Apps may be incompatible with your carrier or mobile device. If you have any questions concerning this, please contact your mobile carrier for further information.

 

BILLING DISPUTES:

1. Apple:
Apple takes care of all the billing and we DO NOT store your credit card information. Any billing disputes or queries can be submitted to Apple’s App Store at https://reportaproblem.apple.com/ or e-mail us for any concerns  at info@calmid.com.

 

2. Google Play:

Google Play takes care of all the billing and we DO NOT store your credit card information. In the case of Google, they provide us with a portal to issue refunds as per need. So, in case of any refund or cancellation request, please e-mail us at info@calmid.com. In your e-mail to us, please provide your order ID that you are disputing. We will evaluate the claim and issue a decision based on our discretion.

 

APP PERMISSIONS:

When you use KidsLoop Services and the Apps, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

 

YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS:

You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all phone, computer hardware, internet access services and other equipment or services needed to access and use KidsLoop Services and the Apps. You must provide all equipment and software necessary to connect to KidsLoop Services and the Apps and are responsible for ensuring that the foregoing do not disturb or interfere with KidsLoop Services and the Apps’ operations. If any upgrade in or to KidsLoop Services and the Apps requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by KidsLoop Group, any new or additional features of KidsLoop Services and the Apps, including the release of new content, shall be subject to these Terms of Use. We are not responsible for any loss or harm caused to your equipment or hardware for any use of KidsLoop Services and the Apps.

 

WARRANTY DISCLAIMER:

Your use of KidsLoop Services and the Apps, is solely at your own risk. KidsLoop Services and the Apps are provided “as is” and “as available” without warranty of any kind by KidsLoop Group. To the maximum extent allowed by applicable law, each of KidsLoop Group, expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that KidsLoop Services and the Apps will meet your requirements, or that your access to the same will be uninterrupted, timely, secure or error-free. KidsLoop Group will not warrant, guarantee, or make any representations regarding the use or the results of the use of KidsLoop Services and the Apps with respect to performance, accuracy, reliability, security capability, currentness or otherwise.

KidsLoop Group uses reasonable efforts to ensure that information about any of the content on KidsLoop Services and the Apps are correct. However, KidsLoop Group cannot guarantee the accuracy of such information and will not be liable for any errors, omissions or other deficiencies.

Because some jurisdictions do not allow certain warranties to be disclaimed, the above disclaimer may not apply in full to you. To the extent that in a particular circumstance any disclaimer set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, KidsLoop Group shall be entitled to the maximum disclaimer available at law or in equity by such applicable law in such particular circumstance.

 

LIMITATION OF LIABILITY:

You acknowledge that you, or anyone else using KidsLoop Services and the Apps will use it at your own risk of property and personal injury, whether such injury is foreseeable or not, including, but not limited to, seizures, vision problems, or other symptoms related to the use of KidsLoop Services and the Apps. You acknowledge that the persons using KidsLoop Services and the Apps are fit for such use and are using the same at your own discretion and sense of judgment.

In no event shall we be liable to you or any third party, whether in contract, tort (including negligence), strict liability, indemnification or otherwise, for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with your use of KidsLoop Services and the Apps, in any manner, foreseeable or otherwise. Also, we shall not be liable for your or one’s inability to access KidsLoop Services and the Apps, nor shall we be liable to you or any third party as to any virus or malicious code on your or their devices allegedly resulting from the use of KidsLoop Services and the Apps; even if KidsLoop Group has been advised of the possibility of such damages.

The total liability of KidsLoop Group and/or third party suppliers to you or to any third parties, from all causes of action and under all theories of liability will be limited to and will not exceed the greater of the fees you paid to KidsLoop Group pursuant to the Terms of Use over the twelve (12) months preceding the incident giving rise to such liability. Because some jurisdictions do not allow certain limitations of liability, portions of the above limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, KidsLoop Group, shall be entitled to the maximum limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance.

 

INDEMNIFICATION:

You agree that you shall defend, indemnify and hold harmless KidsLoop Group and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates (collectively, “KidsLoop Affiliates”) and other users of KidsLoop Services and the Apps from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys’ fees and costs, arising out of or related to:

(i) Any breach or violation by you of these Terms of Use or the Privacy Policy or any applicable law.

(ii) Your access or Use of KidsLoop Services and the Apps.

(iii) Any third party’s access or Use of KidsLoop Services and the Apps.

(iv) Your use of any of KidsLoop Services and the Apps.

 

 

DISPUTES

 

Any dispute or claim relating in any way to your use of any KidsLoop Services and the Apps, will be resolved by binding arbitration, rather than in court.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the Terms of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring a suit in court to enjoin infringement or other misuse of intellectual property rights.

 

AMENDMENT:

KidsLoop Group reserves the right, at any time and from time to time, to amend, supplement or modify the Terms of Use. We will post or display notices of material changes on the website and those changes will become effective fifteen (15) days after the date of posting. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Your continued use of KidsLoop Services and the App after the changes become effective signifies your consent to be bound by such modified Terms of Use. If you do not agree with the changes in the Terms of Use, your only recourse is stop using KidsLoop Services and the App.

 

DATE OF LAST UPDATE: November 3, 2020