This is a legal agreement ("this Agreement") between Ningbo Jus Internet Technology Co., Ltd. ("Jus" or the "Company" or "we" or "us" or "our" or other similar pronouns) and users ("you", "your ") of any services or features of JusTalk Kids (hereinafter referred to as the "Software"), which are provided by the company. Please read the Agreement carefully and decide whether to accep t it (a minor shall be accompanied by his or her legal guardian when accepting the Agreement). You are not allowed to download, install or use the Software or related services unless you accept all the terms and conditions of this Agreement. By accepting the Agreement, you are consenting to, and agreeing to be bound by the terms of this Agreement. We reserve all rights not expressly granted to you.
1. JusTalk Kids Service
When you create a JusTalk Kids account for your child and agree to these Terms on your child's behalf, we agree to provide your child with use of the JusTalk Kids App and platform. JusTalk Kids is a video-chatting and messaging platform designed just for kids. Kids can creatively express themselves as they communicate with family and friends both near and far in a secure environment.
2. Privacy and Data Policy
Your child's privacy is very important to us. We include how we process your child's information or content your child provides in the JusTalk Kids Privacy Policy. By creating a JusTalk Kids account for your child and agreeing to these Terms on behalf of your child, you agree that we can collect, use and share your child's content and information in accordance with the JusTalk Kids Privacy Policy.
3. Sharing Your Content and Information
Your child owns all of the content and information they post on JusTalk Kids. We will not use any content that your child provides on or in connection with JusTalk Kids without your and your kids' permission.
4. Safety
While we cannot guarantee it, we do our best to keep JusTalk Kids safe and designed the JusTalk Kids experience with safety front and center. We also need your help; as such, you agree, on behalf of your child, that your child will not:
a. Post unauthorized commercial communications (such as spam) on JusTalk Kids.
b. Collect users' content or information, or otherwise access JusTalk Kids, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
c. Engage in unlawful multi-level marketing on JusTalk Kids.
d. Upload viruses or other malicious code.
e. Solicit login information or access an account belonging to anyone other than yourself or your child.
f. Bully, intimidate, or harass any user.
g. Post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
h. Develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements).
i. Use JusTalk Kids to do anything unlawful, misleading, malicious, or discriminatory.
j. Do anything that could disable, overburden, or impair the proper working or appearance of JusTalk Kids, such as a denial of service, attack or interference with page rendering or other JusTalk Kids functionality.
k. Facilitate or encourage any violations of these Terms or our policies.
5. Registration and Account Security
When registering and maintaining the security of your child's JusTalk Kids account, you agree (on behalf of yourself and your child) to the following:
a. You and your child will not provide any false personal information on JusTalk Kids, or create an account for anyone other than your child.
b. If we disable your child's JusTalk Kids account, you will not create another one without our permission.
c. Children under 13 will not register for a JusTalk Kids account themselves, and will use JusTalk Kids only with the consent of their parent or guardian.
d. You will keep your and your child's contact information accurate and up-to-date.
e. You and your child will not share login information, let anyone access your child's JusTalk Kids account other than you (and, if you are a child, your parent or guardian), or do anything else that might jeopardize the security of your account.
f. You and your child will not transfer your account to anyone without first getting our written permission.
g. If you select a username or similar identifier for your child's JusTalk Kids account that infringes the law or someone else's rights, we reserve the right to remove or reclaim it as needed.
6. Protecting Other People's Rights
We are working hard to create an environment on JusTalk Kids where people respect each other, and we expect JusTalk Kids users to respect others' rights as well.
a. JusTalk Kids users will not post content or take any action on JusTalk Kids that infringes or violates someone else's rights or otherwise violates the law.
b. We can remove any content or information your child provides on JusTalk Kids if we believe that it violates these Terms or our policies.
c. If you believe that your child's intellectual property rights are infringed, you can send detailed information to kids@justalk.com and we will deal with it after investigation as soon as possible.
d. If we remove your child's content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
e. If a JusTalk Kids user repeatedly infringes other people's intellectual property rights, we will disable that JusTalk Kids account when appropriate.
f. JusTalk Kids users will not post anyone's identification documents or sensitive financial information on JusTalk Kids.
7. Mobile and Other Devices
a. Please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
b. You agree to accept communications about your child's account via notification, email or text message.
c. You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on JusTalk Kids.
d. If you download or use the JusTalk Kids app, or a browser plugin for the JusTalk Kids app, you agree that from time to time, the app may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the app.
e. JusTalk Kids users will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
8. In-App Purchase
Terms
1. Subject to receipt of your applicable payment, your account shall be activated and remain active for the term indicated below, unless terminated by you or us under the provisions of this Agreement:
a. Paid Usage: Subject to payment, access to and use of features of JusTalk Kids will be for the relevant duration and in accordance with the plan you have selected.
2. Cancellation of subscriptions: Recurring subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Please refer to How to Cancel a Subscription for more information.
Refund Policy
If you have purchased JusTalk Kids on Google Play and wish to request a refund, please notify us of a valid reason within 72 hours of purchase. If you have provided such notification and we fail to resolve the issue within 14 calendar days, at our discretion we may offer a full or partial pro-rata refund or an extension of service duration to cover the period between notification and rectification of the issue.
If you have purchased JusTalk Kids on Apple App Store, refunds are handled by Apple, not JusTalk. I f you have purchased JusTalk Kids on Amazon Appstore, refunds are handled by Amazon, not JusTalk.
Please refer to How to Request a Refund for more information.
No refunds or partial refunds will be provided for:
- Account Deletion prior to the end of an already paid for period of usage, unless we are in material breach of this Agreement.
- Your failure to cancel an active subscription that you no longer wanted.
- Incorrect application configuration.
- Your failure to accept technical support assistance.
- Your failure to verify that the advertised Software and Service features offer the functionality that you are seeking, prior to making a purchase.
- Delayed reporting or command processing due to lack of an active or reliable internet connection over WiFi or mobile data connection.
- Change of Child Device Application device type such as from an Android phone to iPhone or vice-versa. We may however a tour sole discretion provide a refund against a new purchase for the newly required device type. (Note that subscriptions and licenses are transferable from one device to a different device when the device type is the same, and that a subscription for an Android phone can be transferred to an iPhone).
We acknowledge that based on your country or state of residence, you may have additional applicable legal rights related to obtaining a refund and to which we shall comply.
Charges, Payments and Fees
Automatic Subscription Renewal:
By starting a monthly, semi- annually, or annually subscription you agree and authorize us to automatically charge you at the then published rate each month, 6-month or year via the payment method and service used to set up the subscription. Your payment method will be automatically billed each month, 6-month or year, as applicable.
You may cancel your automatically renewing subscription to prevent automatic renewal. Subscriptions must be cancelled at least 24-hours before the account renewal date to avoid automatic renewal. You can cancel your subscription from your own Apple iTunes, Google Play or Amazon account. Please refer to How to Cancel a Subscription for more information.
Subscription Price Updates:
Automatically renewed subscription prices may change at any time provided that we give you a written notice. If you do not reject such a price change in writing by requesting us to cancel your subscription, or to cancel the subscription yourself, you will be deemed to have accepted the new prices. In case of any continued use of JusTalk Kids after the date of renewal, you will be deemed to have accepted the new price.
Prices and Plans:
For current prices and plans, please refer to Pricing.
9. Amendments
We reserve the right to amend this Agreement at any time by publishing the revised Agreement on the website. In the event where the terms of this Agreement are amended and restrict your right, we will show you the amended Agreement by way of push notifications and/or pop-up windows when you log in and the Agreement is amended. Your continued use of the Software shall constitute your acceptance to be bound by the Agreement.
10. Termination
We can stop providing all or part of JusTalk Kids to any user who violates the letter or spirit of these Terms, or otherwise creates risk or possible legal exposure for us. A JusTalk Kids user may also delete their account or disable the application on their device at any time. In all such cases, these Terms shall terminate, but the following provisions will still apply: 2, 3-5, and 10-11.
Account Deletion by You: If you no longer wish to use JusTalk Kids, you may delete your account in the app at Settings > Account > Delete My Account. When deleting your Account, you are responsible to ensure that still active subscriptions are cancelled, to prevent auto-renewal at a future date.
Account Termination by Us: We reserve the right to cancel or suspend your Account immediately and without warning if you breach the terms of this Agreement.
11. Disputes
a. You will resolve any claim, cause of action or dispute (claim) you or your child have with us arising out of or relating to these Terms or JusTalk Kids exclusively in people's court of the place where Ningbo Jus Internet Technology Co., Ltd. is located, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of People's Republic of China will govern these Terms, as well as any claim that might arise between you (or your child) and us, without regard to conflict of law provisions.
b. If anyone brings a claim against us related to your child's actions, content or information on JusTalk Kids, you (on behalf of your child) will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on JusTalk Kids and are not responsible for the content or information users transmit or share on JusTalk Kids. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information your child may encounter on JusTalk Kids. We are not responsible for the conduct, whether online or offline, of any user of JusTalk Kids.
12. Other
a. These Terms are an agreement between you and Ningbo Jus Internet Technology Co., Ltd. References to "us," "we," and "our" mean Ningbo Jus Internet Technology Co., Ltd.
b. These Terms make up the entire agreement between the parties regarding your child's use of JusTalk Kids, and supersedes any prior agreements.
c. If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.
d. If we fail to enforce any of these Terms, it will not be considered a waiver.
e. Any amendment to or waiver of these Terms must be made in writing and signed by us.
f. You (on behalf of your child) will not transfer any rights or obligations under these Terms to anyone else without our consent.
g. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
h. Nothing in these Terms shall prevent us from complying with the law.
i. These Terms do not confer any third-party beneficiary rights.
j. We reserve all rights not expressly granted.
k. You agree that your child will comply with all applicable laws when using or accessing JusTalk Kids.
Date of Last Revision: September 7, 2021