Privacy Policy

INDBYTES TECHNOLOGIES Private Limited (operating under the brand name KIDSBUDDY), is a leading Education and Technology company, incorporated in India, for Student learning & development.

KidsBuddy and its affiliated Applications KidsBuddy Smiley, KidsBuddy Academia, WEB Sites Kidsbuddyapp.com & (collectively, the “Application”) are owned by INDBYTES TECHNOLOGIES PRIVATE LIMITED (“KidsBuddy”, “KidsBuddy Smiley”, “KidsBuddy Academia”, “Kidsbuddyapp.com”, the “Company”, “we”, or “us”). Access to and use of the Application is subject to these terms and conditions of use (“Terms of Use”).  If you do not agree with the terms of this Policy, do not use the Website, Application our products, or avail of any of our Services.

• “Application ” or “KidsBuddy Smiley” shall include any information or services made available by KidsBuddy Smiley, regardless of the medium, and shall include, without limitation any affiliated websites, mobile applications, videos, products, and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Application, or any part of the Application, with or without notice.
• The Application is intended for minors, but it is warranted that the usage of the minors shall be monitored by Parents. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. As a minor if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that student using the Application has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Application.
• We shall not publish any materials or contents which are harmful or misleading to the kids, but as different age groups of minors use the Application, there is chance that the information or content for a particular group may not be suitable for the another.
• The Tasks completed by the kids shall be uploaded by the Parents and it shall be used for the KidsBuddy Application, KidsBuddy Social Media pages & Digital Medias for Marketing and its content part of the Application.
• The Task should be completed by the child alone for their cognitive development. Parental monitoring is only required.
• Parents should not interfere in the kid’s selection of the task and should guide them in completing the task. But the interference of parents and help of the parents in selecting the tasks may have a negative influence on the child assessment and result, for which we will not be liable. Even if your kid could not complete the task properly, that is also fine.
• The assessment of your child will be done based on the selection or completion of the tasks and based on Howard Gardner’s Theory of Multiple Intelligences. We do not guarantee to bring out every talent hidden in the child by these tasks. This will only give a guideline of how your child is performing or a hint of your child’s talents.
• If you are a school, organization, company, NGO, etc. you need to have our license to avail the benefits of the Application by paying ours prescribes subscription fee, which may change from user to user as per the usage and need of the user.

Our Right to Modify These Terms of Use

We reserve the right to change these Terms of Use at any time. You should check this page regularly. The changes will appear on the Application and will be effective when we post the changes. Your continued use of the Application means you agree to and accept the changes.

Our Privacy Policy

Our Privacy Policy contains further information about how data is collected, used, and made available on or by our Application. We encourage you to read it, here.

User-Provided Information

The Application/Website/Services/products obtain the information you provide when you download and register for the Application or Services or products. When you register with us, you generally provide

(a) your name, age, email address, location, phone number, and password

1. b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us;

(c) information you provide us when you contact us for help;

We will, at all times, provide the option to you to not provide the Personal Information or Sensitive Personal Information, which we seek from you. Further, you shall, at any time while using the Application/Services/products, also have an option to withdraw your consent given earlier to us to use such Personal Information or Sensitive Personal Information. Such withdrawal of the consent is required to be sent in writing to us at the email  legal@indbytes.com . In such event, however, the Company fully reserves the right not to allow further usage of the Application or provide any Services/products thereunder to you.

Automatically Collected Information

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device’s unique device ID, the location, your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application/Services/products. As is true of most Mobile applications, we also collect other relevant information as per the permissions that you provide.

Use of your Personal Information

We use the collected Information to analyse trends, to conduct research, to administer the Application, to learn about each user’s learning patterns and movements around the Application and to gather demographic information and usage behavior about our users. We do not sell, trade or share your Information to any third party (except subsidiaries/affiliates of the company for related offerings) unless, we have been expressly authorized by you either in writing or electronically to do so. KIDSBUDDY will occasionally send email notices, messages or contact you to communicate about our Services, products and benefits, as they are considered an essential part of the Services/products you have chosen. We may disclose Information:

• as required by law, or similar legal process;
• to enforce applicable ToU, including investigation of potential violations thereof;
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a government request;
• with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this Policy;
• to protect against imminent harm to the rights, property or safety of the Application/Website/ INDBYTES TECHNOLOGIES or its users or the public as required or permitted by law;
• with third-party service providers in order to personalize the Application/Website/Services/products for a better user experience and to perform behavioural analysis;
• Any portion of the Information containing personal data relating to minors provided by you shall be deemed to be given with the consent of the minor’s legal guardian. Such consent is deemed to be provided by your registration with us.

Access to your Personal Information

• You can access to profile and change your profile from our application. We adopt reasonable security measures to protect your password from being exposed or disclosed to anyone.

Links

• We may present links in a format that enables us to keep track of whether these links have been followed. Clicking on links may take you to sites outside our domain and we are not responsible for the privacy practices of other websites. It is the responsibility of our users to be aware when they leave our site to read the privacy statements of other websites. This Privacy Policy applies solely to information collected by our Website.

Alerts

• We may alert you by email or phone (through SMS/call) to inform you about new competitions, classes, service offerings of the Company, or other information which we feel might be useful for you, through the company or its subsidiaries.

KidsBuddy Smiley Intellectual Property

Your Limited License to our Intellectual Property

The materials used and displayed on the Application, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks, and service marks, are the property of KidsBuddy Smiley, or its affiliates or licensors and are protected by copyright, trademark, and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of KidsBuddy Smiley. KidsBuddy Smiley grants you a personal, non-exclusive, non-transferable, revocable license to use the Application and any materials on the site for non-commercial purposes subject to these Terms of Use.

KidsBuddy Trademarks and Logos

The terms KidsBuddy , kidsbuddy.in and other KidsBuddy Smiley trademarks and services marks, and associated logos and all related names, logos, product and service names, designs and slogans are trademarks of KidsBuddy or its affiliates or licensors. You may not use such marks without the prior written permission of KidsBuddy Smiley. All other names, logos, product and service names, designs and slogans on the Application are the trademarks of their respective owners.

Reliance on Information on Application  

We have no obligation to, and you should not expect us to, review content on our Application, including User Contributions (defined below) or contributions by our independent contributors.

About our Content of the Application

The contents of our Application include.

1. The Kids Challenge with Students tasks details and explanations to complete the task
2. Math Kids for Mathematical problems
3. Spelling Kid
4. The videos or photos or results of the tasks completed by other contestants.
5. Vocabulary with words & its details
6. Quizzes and its assessment
7. Knowledge Cards for Child knowledge improvement and its contents
8. Stories and news with its details
9. Diary for child
10. Child assessment report based on child tasks completed.
11. The information or explanations to the members or beneficiaries.

You should use your prudence to identify the relevant content suitable for you or your kid.

Prohibited Uses of the Application  

You may use the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:

• In any way that violates any applicable state, local or international law or regulation.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate KidsBuddy Smiley, a KidsBuddy Smiley employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm KidsBuddy Smiley or users of the Application, or expose them to liability.

Additionally, you agree not to:

• “Scrape” or disaggregate data from the Application (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application.
• Otherwise attempt to interfere with the proper working of the Application.

Content That You Make Available on the Application  

User Contributions

The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Application.

If you voluntarily disclose personal information (e.g., username, email address) on the Application, such as on a forum, chat room or on any other user or member-generated pages, that information can be viewed in search engines, collected, and used by others and may result in unsolicited contact from other parties. We advise that you not post any personal or other sensitive information on our Application.

Any User Contribution you post to the Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Application.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.
• Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is posted on the Application and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable Central, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.

• The contents of the Application/Services/products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. The Company acknowledges that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of our Services/Website/products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.

Your Indemnification of Us

You agree to indemnify, defend and hold harmless KidsBuddy Smiley, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account of these Terms of Use or any representations, warranties and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defence of any such claim. KidsBuddy Smiley reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

WARRANTY DISCLAIMER

THE APPLICATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE APPLICATION. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE.

LIABILITY DISCLAIMER

YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. NEITHER, KIDSBUDDY SMILEY NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APPLICATION  AND THE INFORMATION AVAILABLE ON THE APPLICATION  OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE APPLICATION . YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST KIDSBUDDY SMILEY, ABOUT, INC. AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE APPLICATION AND THE INFORMATION AVAILABLE THEREON.

Third Party Links, Advertisements, Applications, Websites and Content

We do not review or monitor any websites, advertisements, or other media linked to or available through the Application and are not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on the Application, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither KidsBuddy Smiley nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives, or licensors shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Application, and we shall not receive or review complaints regarding such purchases.

Disputes

These Terms of Use and any disputes arising out of or related to the Application shall be governed by, and construed and enforced in accordance with, the laws of the State of New York (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located at Ernakulam, Kerala, India.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

Waiver and Severability

No waiver by KidsBuddy Smiley of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KidsBuddy Smiley to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and KidsBuddy Smiley with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Application.

Copyright Policy

KidsBuddy Smiley deals with copyright infringement in accordance with the Indian Copyright Act. You may not post, upload, or otherwise place any content or information on the Application that belongs to a third party, unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on our Application without authorization in a way that constitutes copyright infringement, you may notify us through our official email id or by post to our office address.  Your letter should contain: –

• Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Application, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of that web page.
• Adequate information by which we can contact you (including your name, postal address, telephone number and email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner.
• Please be aware that if you knowingly materially misrepresent that material or activity on the Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).

It is the policy of KidsBuddy Smiley to disable the accounts of users who repeatedly post infringing material on the Application.

Your Consent

We believe that every user of our application or Services must provide informed consent prior to providing any Information required for the use of the Application. By registering with us, you are expressly consenting to our collection, processing, storing, disclosing, and handling of your information as set forth in this Policy now and as amended by us. Processing, your information in any way, including, but not limited to, collecting, storing, deleting, using, sharing, and disclosing information, activities will take place in India. If you reside outside India, your information will be transferred and stored in accordance with the applicable data protection laws of India.

Contact Information

Reach out to us at legal@indbytes.com in case of any queries.

Customer Care:

We make efforts to provide a pleasant experience with KidsBuddy. If you face any issues, please contact us at support@indbytes.com.

Updated as on 11-May-2022

It is a fact that everything in today’s world has gone digital including learning and games. However, at KidsBuddy Smiley, we have a combination of both digital + real hands-on activities.

Children can visit our nearby centers where holiday and vacation camps are held. With the help and assistance from various teachers, volunteers, and guides, children can participate in different hands-on practical activities. These activities follow the STEM (Science, Technology, Engineering, Mathematics) approach. These include demonstrations, experiments, art, etc. For example, how does a boat sail on the water; how is dough prepared, and many such interactive activities. The purpose of keeping these practical sessions in our holiday and vocational camps is to enable the child to understand how things work and happen in the real world around them. Although digital activities and games have become the new normal, nothing can beat what a child learns when things are live in front of him/her.