Terms of services

Please read this terms of use agreement (the “Terms”) carefully. By accessing or using www.gokid.mobi (the “Website”), the Gokid mobile applications (“App”), the Gokid Connect portal (“Gokid Connect”) or any other websites or applications of the Gokid Corporation (“Gokid” “we” or “us”) that link to these terms, or any of the services provided or otherwise made available via the website or app (collectively, the “Services”) you (“you” or “user”) represent that you have read, understand, and agree to be bound by the terms.

1. General.

1.1. Acceptance; Authority. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Website or Apps, you agree to these Terms. If you do not agree or do not have all requisite authority and consent to be bound by the Terms (as further described below), you may not access or use the Website, App, GoKid Connect, or the Services in any way.

1.2. Disclaimer. The Services enable users to arrange and schedule transportation and/or logistics services with friends, family members, and other people that users voluntarily and independently select. GOKID DOES NOT SCREEN USERS IN ANY WAY AND DOES NOT MAKE RECOMMENDATIONS FOR DRIVERS OR RIDERS FOR CARPOOLS. USERS OF THE SERVICES INDEPENDENTLY DETERMINE WHO THEY ELECT TO CARPOOL WITH AND BEAR FULL RESPONSIBILITY AND ACCEPT ALL LIABILITY RELATING THERETO. YOU ACKNOWLEDGE THAT GOKID DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER.

1.3. Types of Users. The Services are available to different types of Users, who will have different types of accounts with different tools, functionalities, and restrictions. For example, the Services may be accessed by parents and legal guardians (collectively, “Parents”) to set up carpools for their families; by authorized representatives working within an educational institution or other organization, such as a school, school district, or employer (collectively “Organizations”) that license the Services on behalf of Parents; and by children, who may view their accounts if set up by a Parent, but they may not set up or make changes to carpools (“Children”).

1.4. Additional Terms. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

1.5. Eligibility. By registering for or using the Services in any way, you represent and warrant that you meet all eligibility criteria outlined in these Terms, including all age and authorization requirements listed below. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services complies with all laws, rules, and regulations applicable to you, and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

1.6. Modifications. Please regularly check the Website, App, or GoKid Connect, as applicable, to view the then-current Terms. When changes are made, GoKid will make a new copy of the Terms available through the Services, and we will update the “Last Updated” date at the top of the Terms. If we make any changes to the way Family Data (defined below) is collected, used, or shared by the Services, we will also send an e-mail to the applicable accountholder using the contact information we have on file with additional information regarding the collection of such data and available options regarding data collection and use, before the data is used in any manner inconsistent with the terms initially provided to Users. Please read our Data and Privacy Terms carefully. For other changes, the Terms are subject to change by GoKid in its sole discretion at any time. If you do not agree to any change(s) after receiving a notice of such change(s), please stop using the Website and/or the Services and please contact us to have your account deleted. Otherwise, your continued use of the Website, App, GoKid Connect, and/or Services constitutes your acceptance of such change(s). Any changes to the Terms will be effective immediately for new Users of the Services.

2. Services.

2.1. Use of the Services. The Website, App, GoKid Connect, and Services, and the information, data, and content made available therein or thereon (“Content”) are protected by copyright and other intellectual property and proprietary rights laws throughout the world. Subject to the Terms, GoKid grants you a limited license to access, view, download, print, or reproduce certain portions of the Services, as designated by GoKid, for the sole purpose of using the Services for your (or your Families’ or Organization’s) non-commercial purposes.

2.2. Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Website, App, GoKid Connect, or Services; (b) you shall not use framing techniques to enclose any trademark or logo on the Website, App, GoKid Connect or Services; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website, App, GoKid Connect or Services except to the extent the foregoing restrictions are expressly prohibited by applicable statutory law; (d) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Website, App, GoKid Connect or Services; (e) except as expressly stated herein, no part of the Website, App, GoKid Connect or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, provided that you may reproduce or print certain Content made available through the Website, App, GoKid Connect or Services, as designated by GoKid, on behalf of your Families who have existing Accounts; and (f) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Website, App, GoKid Connect or Services. Any future release, update, or other addition to the Website, App, GoKid Connect, or Services shall be subject to the Terms. GoKid, its licensors, suppliers, and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Website, App, GoKid Connect, or Services terminates the licenses granted by GoKid under the Terms.

3. Parents.

3.1. Definition. “Parent(s)” means a family member or adult with permission to drive the children. Parents are not employed by GoKid or Organizations and do not receive any compensation from GoKid or Organizations whatsoever.

3.2. General. Parents must receive consent from the other Parents before providing carpool services and driving children. At all times that a Parent is providing carpool services and driving children when using the GoKid application, at least one child of such Parent must be in the vehicle with the Parent. GoKid and Organizations are not responsible for any injury, damage, or cost caused by any automobile operators concerning any person or property. Parents are solely responsible for determining whether a Parent is fit to provide carpool services and drive their children. Neither GoKid nor any Organization shall have any responsibility to perform or supervise any of the obligations of the Parents as outlined in Section 3.

3.3. Policy Acceptance. Parents shall abide by the terms of GoKid’s Dangerous Driving and Drowsy Driving Policies. If a Parent or Child believes that a Parent is failing to abide by the terms of these Policies, then the Parent should terminate any future carpool plans with such Parent. GoKid and Organizations shall not be responsible for the failure of any Parent to abide by the terms of these Policies. The Policies set forth basic requirements for Parents to follow. Parents and Children should read and discuss these Policies and use them as general guidelines for determining whether they should continue to plan carpool rides with a Parent.

3.4. Dangerous Driving Policy. 

3.2.1. Responsibility. Every Parent who provides carpool services has a responsibility to drive safely and follow the established rules of the road and all applicable laws. If Parents receive serious or repeated reports of dangerous driving and/or violations of applicable driving laws from their children, Parents should terminate any future carpool plans with that driver.

3.2.2. Examples of Dangerous Driving. The following list explains different types of dangerous driving and provides examples of each. Distracted Driving Distractions can take many forms, including without limitation phone handling or texting, drinking or eating, and adjusting your visor. Those behaviors may take a Parent’s focus off the road. Drowsy Driving is a form of distracted driving. Please review the Drowsy Driving Policy below.

Not Following Traffic Laws
All Parents who provide carpool services are expected to follow local traffic laws and
regulations. This includes:
• Following signs, traffic lights, and signals
• Making turns only where permitted
• Using signals before turning or changing lanes
• Yielding to pedestrians
• Not driving or stopping in a bike lane or crosswalk

Aggressive Driving
Examples include:
• Speeding Suddenly braking/stopping the vehicle
• Abruptly accelerating
• Tailgating
• Swerving, including into other lanes, pedestrian walkways, or bike lanes Driving Under the Influence
• Using or being under the influence of alcohol or other drugs when providing carpool services is strictly prohibited.
• GoKid has a zero-tolerance policy on driving under the influence.

3.3. Drowsy Driving Policy.

3.3.1. Responsibility. Every Parent who provides carpool services has a responsibility to drive safely and follow the established rules of the road and all applicable laws. If Parents receive serious or repeated reports of drowsy driving from their children, Parents should terminate any future carpool plans with that driver.

3.3.2. Examples of Drowsy Driving. Drowsy driving refers to driving when you are tired. Signs of drowsy driving include:
• Tired, exhausted, or sleepy appearance
• Frequent yawning
• Frequent blinking
• Nodding off
• Having trouble keeping head up and/or eyes on the road
• Struggling to keep vehicles in the lane or on the road

Drowsy driving is unsafe. A lack of sleep may lead to and may cause slower reaction times; impaired judgment, situational awareness, and vision; increased risky behavior; trouble with information processing; and attention failure.

3.4. Licenses. Parents should check and make sure that the Parent-driver possesses a valid driver’s license, is authorized and medically fit to operate a motor vehicle, and has all appropriate licenses, approvals, and authority to drive. Parents shall not provide carpool services without a valid driver’s license. Neither Go-Kid nor any Organization is responsible for verifying any Parent or other User’s qualifications.

3.5. Emergency Situations. If there is an emergency, please call 911.

3.6. Vehicles. Parents should check and make sure that (a) the Parent-driver owns, or has the legal right to operate, the vehicle the Parent uses when providing carpool services; (b) such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind, and (c) any applicable safety recalls have been remedied per manufacturer instructions. Parent-driver shall not transport more passengers than can securely be seated in such vehicle.

3.7. Non-Discrimination Policy. Parents shall not discriminate against riders with disabilities and shall make reasonable accommodations as required by law.

3.8. Insurance. Parent shall have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules Parent for the operation of the vehicle used by Parent to provide carpool services. Parents should check and make sure that any Parent-driver has a valid policy of liability insurance.

4. Registration.

4.1. Account Types. To access certain features of the Services, you must have a registered account for the Services (“Account”). Accounts are categorized as “GoKid” (available through the App) and “GoKid Connect”, available through the GoKid Connect portal. Within those accounts, there are Parent and Child accounts. Only a Parent may enter the information necessary to set up a Child account. Children with an account may view carpool information, but not change Account or carpool information.

4.2. Eligibility. If you are a Child under age 18, you may only use the Services under the supervision of an adult, in which case the adult shall be deemed the User and shall be responsible for all activities. You agree that you are the Parent of any users younger than 13 years of age that you add to your Account and that you consent to their use of the Services. Granting access to any minor is at the sole discretion of the legal guardian and such guardian agrees that they are solely responsible for the minor’s use of the GoKid Website and/or App.

4.3. Registration Data. If you sign up for the Services or an Organization signs up on your behalf, you will receive an email advising you that you may opt-out. If you are registering for a GoKid Connect account, you will receive a personalized token to register your information. Account registration requires you (or an Organization on your behalf) to submit to GoKid certain personal information, such as a Parent’s name, address, and mobile phone number, and those of your family members on whose behalf you set up Accounts. In registering for the Services, you (a) agree to provide all necessary information about yourself and your Family, Organization, or other organization (“Registration Data”); (b) represent and warrant that all Registration Data is true, current, and complete; and (c) agree to maintain and promptly update the Registration Data to keep it true, current, and complete. Gokid will handle all personal data carefully according to the Terms of our Data and Privacy Terms. In particular, the images collected by our app may be used for profile pictures. We do not share or sell collected images to third parties. We take the security of collected images seriously and implement industry-standard measures to protect against unauthorized access, disclosure, alteration, or destruction. Your failure to maintain accurate, complete, and up-to-date Registration Data, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or GoKid’s termination of this Agreement.

4.4. Responsibility. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone outside your family, and you agree to notify GoKid immediately of any unauthorized use of your password or any other breach of security. You agree not to create or access an Account using a false identity or any false or inaccurate information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time unless otherwise permitted by GoKid in writing. You agree not to create an Account or use the Services if you have been previously removed by GoKid, or if you have been previously banned from any of the Services.

4.5. GoKid Connect Accounts for Organizations.

4.5.1. Administrator Accounts. Currently, GoKid offers a type of Account to access the Services on behalf of an Organization: an “Administrator” Account. This is a limited Account that provides a “dashboard” to view Parent information (e.g., emails) within the Organization; it cannot access Family Accounts, or match or recommend families for carpools. Authority to create this Account shall be determined by the appropriate individual at the Organization.

4.5.2. Authority; Consent.

4.5.2.1. Individual Users. By accessing or using the Services in any way, you are representing that you have the authority and permission to enter into the Terms on your behalf and to use the Services as contemplated hereunder, including without limitation any consent necessary to use the Services in connection with any Family.

4.5.2.2. Use By or on Behalf of an Organization. If you are using or accessing the Services on behalf of an Organization, in addition to being an eligible individual user (as set forth above), you must also have the authority and permission to enter into the Terms on behalf of the Organization and to use the Services on such Organization’s behalf as contemplated hereunder, including without limitation any consent necessary to use the Services in connection with any particular families. In such cases, the term “you” as used herein shall also refer to such Organization. Your Organization shall also be responsible for any activities, including any violation of the Terms, that occur under your Account and any Accounts created using your Account.

4.5.3. Changes in Eligibility. If you are no longer (a) employed by your Organization (or another Organization through which you receive Services) or (b) otherwise authorized to view or use family records, you (i) must notify GoKid immediately of such change and (ii) are not permitted to continue to view or use your Account.

4.5.4. Families with Children Under 13. If you use the Services with family members under 13, you represent and warrant that (a) you are a Parent or Administrator at an Organization, and (b) you are an Administrator that has been accurately identified as such with the Organization in your Registration Data.

4.6. Accounts for Families.

4.6.1. GoKid Connect Accounts. “GoKid Connect” Accounts are for use by Families who receive the Services through a specific Organization. The Organization typically provides GoKid with Family data, and GoKid will then email the Parents for verification purposes. To create a GoKid Connect Account, a Parent must follow the registration procedures described in Section 3.3 above and the verification email. You
must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to register for an Account.

5. User Code of Conduct.

You may not assign or otherwise transfer your Account to any other person or entity. As a condition of use, you agree not to use the Services for any purpose that is prohibited by the Terms or by applicable law. Do not post, or permit others to post, Content on the Services or your profile that (a) encourages illegal activities, is fraudulent or tortious, or is unlawful; (b) insults, defames, harasses, threatens, or discriminates against others; (c) violates the copyright or intellectual property or privacy rights of others; (d) contains obscene material; (e) harms or impersonates others; or (f) advertises or sells a product or service. Do not attempt or engage in any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including using overloading,
“flooding,” “spamming,” “mail bombing” or “crashing” the Services.

6. User Content.

6.1. License to User Content. Except concerning Family Data, which shall be governed by the license outlined in Section 7 of these Terms, by submitting, providing, uploading, posting, emailing,  transmitting, or otherwise making available (“Make Available”) any Content to GoKid, including on or through the Services (such Content, your “User Content”), you grant to GoKid a limited, nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute and display such User Content in connection with providing the Services.

6.2. Responsibility. You acknowledge that you, and not GoKid, are entirely responsible for all User Content you Make Available through the Services and that other Users of the Services, and not GoKid, are similarly responsible for all User Content they Make Available through the Services. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services. You agree that GoKid will not be responsible for any liabilities incurred as the result of such interaction. You use all User Content and interact with other Users at your own risk.

6.3. No Obligation to Monitor Content. You acknowledge that GoKid has no obligation to review, monitor, or pre-screen Content on the Services, although GoKid reserves the right in its sole discretion to review, monitor, pre-screen, refuse, modify, or remove any Content (a) that violates any law or regulation; (b) that violates these Terms; (c) that otherwise creates or may create liability for GoKid; or (d) for any other reason GoKid determines in its sole discretion. Except as expressly outlined in these Terms, GoKid does not approve, endorse, or make any representations or warranties concerning User Content or Family Data.

6.4. Security. Although GoKid takes security very seriously and works very hard on behalf of Family and Organization privacy, including by using various industry-standard measures to protect Content on the Services, no method of transmission or electronic storage on the internet is 100% secure. Therefore, GoKid cannot guarantee the security of any User Content. Except as expressly set forth herein or otherwise agreed to by GoKid in writing, (a) GoKid has no obligation to store any User Content and (b) GoKid has no responsibility or liability for (i) the deletion or accuracy of any Content, including User Content, (ii) the failure to store, transmit or receive transmission of Content, including User Content, or (iii) the security, privacy, storage or transmission of other communications originating with or involving use of the  Services.

7. Family Data.

7.1. General. “Family Data” includes all data that personally identifies individuals, such as names, addresses, phone numbers, usernames, and passwords, or any other non-public information about a Family, but does not include De-Identified Data (as defined below). GoKid will only collect and use Family Data as necessary to fulfill its duties and provide and improve the Services.

7.2 De-Identified Data. GoKid may create and use De-Identified Data from data Made Available through the Services, by these Terms and GoKid’s Data Use and Privacy Policy available at https://www.gokid.mobi/data-use-and-privacy-policy/. “Deidentified Data” means data with all direct and indirect personal identifiers removed such as name, school ID numbers, demographic information, and location information, to the extent any is collected. GoKid agrees not to attempt to re-identify De-Identified Data and not to transfer De-Identified Data to any party unless that party agrees not to attempt reidentification. More detailed information on GoKid’s privacy practices can be found in the GoKid Data Use and Privacy Policy.

7.3. Disclosure of Family Data by Organizations and Administrators. Administrators using GoKid are solely responsible for ensuring that you and your organization are compliant with all applicable laws and regulations related to your disclosure of Family Data and other Family information (“Family Records”) to GoKid in connection with the Services. Without limiting the generality of the foregoing, for all Family Records disclosed to GoKid, you represent and warrant, to the extent required by applicable law, that your Organization has (a) notified such Families’ of your use of third-party services, including GoKid, and the potential disclosure of Family Records in connection with such use and (b) obtained the appropriate consent(s) from Parents.

7.4 License to Family Data. By making available any Family Data to GoKid, including on or through the Services, you grant to GoKid a nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute, and display Family Data solely for (a) providing the Services and (b) creating, using, and disclosing DeIdentified Data about Families for product development, research, or other purposes.

7.5. Storage and Processing of Data. GoKid will store and process all Family Data by industry-standard practices. This includes appropriate administrative, physical, and technical safeguards to secure Family Data from unauthorized access, disclosure, and use. GoKid shall conduct periodic risk assessments and use commercially reasonable efforts to remediate identified security vulnerabilities. GoKid will promptly notify the relevant Organization in the event of a security or privacy incident or breach of personal information involving such Organization’s Users.

7.6. Protection of Family Data by GoKid.

7.6.1. No Sale or Trade of Family Data. GoKid will not (a) sell or trade Family Data; (b) use any Family Data to advertise or market to Families; or (c) use Family Data except as expressly stated herein.

7.6.2. Organization Requests. GoKid will make Family Data available upon a verified request by the Organization or Administrator who provided such Family Data or who would otherwise have verified authority to receive such Family Data.

7.6.3. Data Mining. GoKid does not scan Family Data for marketing to Families (also known as “Data Mining”).

7.6.4. Return/Destruction of Family Data. When Family Data is no longer needed for the provision of the Services and the user has deleted all of his or her Accounts, at the request of the Organization or Family, as applicable, GoKid will destroy all Family Data in its possession, and in the possession of any subcontractors or agents to which GoKid transferred Family Data, or transfer such Family Data to the requesting Organization, if legally possible.

7.6.5. Subcontractors. GoKid may rely on one or more subcontractors to perform the Services. Upon request, GoKid agrees to share with you the names of subcontractors that have direct access to Family Data Made Available by you. All subcontractors and successor entities of GoKid will be subject to the protections for Family Data outlined in these Terms.

7.7. Intellectual Property Rights. All intellectual property rights in Family Data not granted herein shall remain the exclusive property of the Organization or Family, as applicable.

8. Payment for Certain Premium Features; Cancellation; No Refunds.

Certain features of the Services require premium access (“Premium Features” or “GoKid Pro”) and may require payment from Organizations or Families.

 8.1. Ordering Premium Features. You may place orders for the Premium Features by following the directions on the Website, App, or GoKid Connect or otherwise contacting GoKid. The Premium Features are subject to the restrictions set forth on the applicable order page. GoKid may change the pricing for the Services, including Premium Features, (from time to time in its sole discretion) by updating the Website, App, or GoKid Connect, as applicable, and without any additional notice to you, provided that any changes will not take effect until your subscription renews.

8.2. Payment Terms. If you order Premium Features, you agree to pay the then-current applicable fee listed on the Website, App, or GoKid Connect, or as otherwise agreed to in writing by GoKid. GoKid will automatically bill your payment method submitted in ordering Premium Features on the date of activation. Except as otherwise stated herein, all payments are non-refundable. You hereby authorize GoKid to bill your payment method as described above, which may include automatic renewal and automatic payment if you select a subscription option. Fees are exclusive of all taxes, levies, or duties imposed by
taxing authorities, and you are responsible for payment of all such taxes, levies, or duties. If any fee cannot be charged to your payment method for any reason, GoKid may provide you, via email, a notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then GoKid may suspend the applicable Premium Features.

8.3. Promo Codes. GoKid may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a third-party provider’s services, subject to any additional terms that GoKid establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by GoKid; (iii)
maybe disabled by GoKid at any time for any reason without liability to GoKid; (iv) may only be used under the specific terms that GoKid establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire before your use. GoKid reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user if GoKid determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

8.4. Third-Party Payment Processing. Payments for Premium Services are processed via either Apple (if purchased through the App) or Stripe (if purchased through the Website), and are subject to Apple’s and Stripe’s terms and conditions, which we strongly encourage you to review. Apple’s terms may be found at: https://www.apple.com/legal/internetservices/itunes/us/terms.html, and Stripe’s terms may be found at: https://stripe.com/us/checkout/legal.

8.5. Cancellation. Subscriptions to GoKid’s Premium Features are available in either monthly or yearly auto-renewing subscriptions. You can cancel your subscription at any time, but you must cancel your subscription before it renews for a subsequent period to avoid being charged for the next period’s subscription fee. If you cancel your subscription, the cancellation will become effective at the end of the then-current subscription period. If Apple is your subscription provider, you will need to cancel your subscription through Apple. If you obtained your subscription through the Website (using Stripe), you will need to cancel your subscription directly on the Website.

8.6. No refunds. Refunds will not be provided for any subscription. We do not provide credit, refunds, or prorated billing for subscriptions that are canceled mid-period. In such circumstances, you will continue to have access to your subscription until the end of the then-current billing cycle. If, within three (3) days of subscribing to a GoKid Pro account, you find that you are unable to access the app, and no efforts on the part of GoKid can remedy this situation, a refund will be considered. Please note that each circumstance is unique and election to make such an offer in one instance does not create an obligation to do so in another.

9. Proprietary Rights.

9.1. Services. Except concerning your User Content, you agree that GoKid and its licensors and suppliers own all rights, title, and interest in the Services. GoKid’s name and other related logos, service marks and trade names used on or in connection with the Services are the trademarks and intellectual property of GoKid and may not be used without GoKid’s permission. Other trademarks, service marks, and trade names that may appear on or in the Services are the property of their respective owners.

9.2. Ownership of Content. Except concerning your User Content and Family Data, you agree that you have no right or title in or to any Content that appears on or in the Services. GoKid does not claim ownership of your User Content or Family Data. When you as a User post or publish your User Content on or in the Services, you represent that you have the authority to grant the aforementioned license to GoKid.

9.3. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to GoKid through its suggestion or similar pages (“Feedback”) is done on a non-confidential basis and that GoKid has no obligations concerning such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to GoKid a fully paid, royalty-free, perpetual, irrevocable, worldwide, nonexclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise
commercially or non-commercially exploit in any manner, all Feedback, and to sublicense the foregoing rights.

10. Apple Device and Application Terms.
If you are accessing the Services via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store, the following shall apply: 10.1. Both you and GoKid acknowledge that these Terms are concluded between you and GoKid only, and not with Apple and that Apple is not responsible for the application or the Content;

10.2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they apply to the Services;

10.3. You will only use the application in connection with an Apple device that you own or control;

10.4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services concerning the application;

10.5. In the event of any failure of the application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund you the purchase price, if any, of the application;

10.6. You acknowledge and agree that GoKid, and not Apple, is responsible for addressing any claims you or any third party may have about the application;

10.7. You acknowledge and agree that in the event of any third party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, GoKid, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;

10.8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

10.9. Both you and GoKid acknowledge and agree that, in your use of the application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and

10.10. Both you and GoKid acknowledge and agree that 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 the third party beneficiary hereof.

11. Third Party Services and Content; Network Access and Devices.

11.1. Third-Party Services and Content. The Services may be made available or accessed in connection with third-party services and content that GoKid does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. GoKid does not endorse such third-party services and content and in no event shall GoKid be responsible or liable for any products or services of such third-party providers. Your access to the Services using these devices is subject to terms outlined in the applicable third-party beneficiary’s terms of service.

11.2. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. GoKid does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

12. INDEMNIFICATION.

You agree to indemnify, defend, and hold GoKid, its affiliates, and its and their officers, directors, shareholders, employees, agents, representatives, and licensors (collectively “GoKid Parties”) harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your User Content or any Family Data Made Available by you; (b) your use of, or inability to use, the Services; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; or (e) your violation of any applicable laws, rules or regulations. GoKid reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GoKid in asserting any available defenses. You agree that the provisions in this section will survive termination of the Terms.

13. Disclaimer of warranties.
You expressly agree that to the extent permitted by applicable law, your use of the services is at your sole risk, and the services are provided on an “as is” and “as available” basis, with all faults. Gokid parties and organizations expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. Gokid parties and organizations make no warranty, representation, or condition that: (a) the services will meet your requirements; (b) your use of the services will be uninterrupted, timely, suitable, secure, or error-free; (c) the results that may be obtained from the use of the services will be accurate or reliable; or (d) any errors in the services will be corrected. Gokid and organizations do not guarantee the quality, suitability, safety, or ability of other
Users/parents. Any content downloaded from or otherwise accessed through the services is accessed at your own risk, and you shall be solely responsible for any damage to your property or person, or any other loss that results from accessing such content.

Gokid does not provide transportation services and is not a transportation carrier. God is not a common carrier or public carrier. Only the user may decide whether or not to offer or accept a ride on behalf of any minor through the Gokid website and app. Gokid and organizations cannot and do not ensure that a parent or rider will complete an arranged transportation service. Gokid and organizations have no control over the quality or safety of the transportation that occurs as a result of the carpool services. Gokid and the organization disclaim liability for, and no warranty is made concerning, connectivity and availability of carpool services or the Gokid application.

14. Limitation of liability.
To the fullest extent provided by law, in no event will kid or organizations such as schools, school districts, and employers that license the services be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including
Negligence, either active affirmative, sole, or concurrent), breach of contract, or otherwise, even if Gokid or organizations have been advised of the possibility of such damages.

Gokid and organizations such as schools, school districts, and employers shall not be liable for any damages, liability or
Losses arising out of: (I) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third-party provider, even if god or the organizations have been advised of the possibility of such damages. Gokid and the organizations
Shall not be liable for delay or failure in performance resulting from causes beyond Gokid’s and organizations’ control. You acknowledge that third-party parent drivers providing carpool services requested through good services may not be professionally licensed or permitted. You acknowledge that parent-drivers are not agents or employees of gokid or organizations. The services may be used by you to request and schedule carpool services with other parents, but you agree that neither god nor organizations have any responsibility or liability to you related to any carpool services provided to or not provided
To you by parent-drivers other than as expressly outlined in these terms. Gokid and organizations shall not be liable for any damages or losses arising out of lack of or improper installation or use of child restraint systems for riders requested through the services for whom a child restraint system is legally required. Without limiting the breadth of the foregoing, you agree to release kid parties and organizations for any injury, damages, or losses caused by the alleged negligence of kid parties or
Any organization. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. This provision shall not affect Gokid’s choice of law provision set forth below.