Terms of Use
SuperAwesome’s Kids Web Services
We are SuperAwesome
Welcome to SuperAwesome. Our mission is to make the internet safer for kids, which we do by building technology that enables companies to responsibly interact with their younger audiences.
These Terms apply to your use of SuperAwesome’s parent verification and consent platform known as Kids Web Services.
If you are a parent or guardian and would like to understand more about Kids Web Services, you can find out more here.
If you are a developer and would like to use Kids Web Services within your website, app or digital service, the KWS Developer Terms will govern such use, which you will be asked to agree to when you access or use a specific KWS service.
To use Kids Web Services and to enter into the contract created by these Terms, you must be at least 18 years old and be an adult of the legal age of majority in your country of residence. Please read these Terms carefully before you start to use Kids Web Services. By using Kids Web Services, you accept and agree to be bound and comply with these Terms. If you do not want to agree to these Terms, you must not use Kids Web Services.
The legal entity responsible for the information that SuperAwesome collects through Kids Web Services is SuperAwesome Trading Limited (“SuperAwesome” / “we” / “us”), whose registered office is 2-4 Packhorse Road, Gerrards Cross, Buckinghamshire, England SL9 7QE United Kingdom. Our company registration number is 03885555. Our VAT number is 224387409.
These Terms refer to the following additional terms, policies or notices, which also apply to your use of Kids Web Services:
- Our Privacy Notice, which explains how SuperAwesome collects, stores and processes your personal information when you interact with Kids Web Services.
- If you are a developer using Kids Web Services within your website, app or digital service you will also be bound by the KWS Developer Terms, which you agree to when you access or use Kids Web Services or otherwise accept them. If these Terms are inconsistent with the KWS Developer Terms, the KWS Developer Terms will control.
Changes to these Terms
We amend these Terms from time to time. Every time you wish to use Kids Web Services, please check these Terms to ensure you understand the Terms that apply at that time. Your continued use of Kids Web Services following the posting of revised Terms means that you accept and agree to the changes.
How we may use your personal information
We will only use personal information that you provide to us as set out in our Privacy Notice.
Account Security
To access or use Kids Web Services, you may be asked to provide registration details or other information (for example, if you are a developer, you may be asked to provide information about your website, app or other digital service). You must provide accurate and complete information and ensure it is kept up to date at all times.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any third party. You may only access Kids Web Services through your own account, and you are solely responsible for the activity that occurs on your account. You must notify SuperAwesome immediately of any breach of security or unauthorised use of your account.
Access to Kids Web Services
Kids Web Services is made available free of charge. We do not guarantee that Kids Web Services, or any content within Kids Web Services, will always be available or be uninterrupted.
We may update, modify or change Kids Web Services from time to time without notice, for example to reflect changes to our services, our customers’ and users’ needs and our business priorities. From time to time, in order to use or access Kids Web Services or keep them secure, you may be required to make updates or enable additional software.
We also may suspend, withdraw, terminate or restrict the availability of all or any part of Kids Web Services at any time (including by means of cancellation, termination, modification, or suspension of a user account) to all or certain users without notice and without liability to you, for any or no reason including, without limitation, any violation of these Terms. Additionally, due to your geographic location, Kids Web Services or some of their features, services, or content may be unavailable to you.
Prohibited uses
You may use Kids Web Services only for lawful purposes and in accordance with these Terms. You agree not to access or use Kids Web Services for any purpose that is illegal or beyond the scope of Kids Web Services’ intended use (in SuperAwesome’s sole judgment). Unauthorised use of Kids Web Services may give rise to a claim for damages and/or be a criminal offence.
Intellectual Property Rights
Kids Web Services, including all content, features and functionality made available through Kids Web Services, are owned by SuperAwesome, its licensors, or other providers of such material, and are protected by copyright, trademark, patent, and other intellectual property or proprietary rights laws. All such rights are reserved.
You are permitted to use Kids Web Services for your personal, non-commercial use only, or legitimate business purposes related to your role as a current or prospective customer of SuperAwesome in accordance with these Terms. Except as expressly permitted by these Terms, in particular, you will not: (a) copy, modify, correct, adapt, translate, enhance or prepare derivative works or improvements of, publicly display, publicly perform, republish or transmit Kids Web Services or any of the material obtained through Kids Web Services or remove or alter any copyright, trademark, or other intellectual property rights or notices from Kids Web Services or from materials contained within Kids Web Services; (b) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to Kids Web Services’ source code, in whole or in part; (c) reproduce, rent, lease, lend, sell, sublicense, assign, distribute, transfer or otherwise make available Kids Web Services to any person.
Within Kids Web Services, there are two dashboards known as the Parent Portal, and the Developer Portal, which may be made available to you. The Developer Portal is made available to developers solely to enable them to integrate and manage Kids Web Services within their websites, apps and other digital services. The Parent Portal is made available to parents and guardians who wish to manage personal information that their child may share online in connection with third party websites, apps and other digital services which integrate with Kids Web Services. If you are a parent or guardian and would like to understand more about Kids Web Services, you can find out more here.
If you are developer using Kids Web Services within your website, app or digital service, SuperAwesome grants you a limited, royalty-free, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Developer Portal, solely for the purpose of managing your websites, apps, or digital services that integrate with Kids Webs Services (“Developer Licence”). The Developer Licence shall commence on the date you access or use the Developer Portal or otherwise accept these Terms and continue until an end-date designated by SuperAwesome in its sole discretion.
If you are using our Parent Portal, subject to these Terms, SuperAwesome grants you a limited, royalty-free, personal, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Parent Portal, solely for the purpose of managing your child’s permissions in connection with the sites, apps and other digital services that integrate with Kids Webs Services (“Parent Licence”). The Parent Licence shall commence on the date on which you access Kids Web Services and continue until an end-date designated by SuperAwesome in its sole discretion.
Materials you provide to us
Kids Webs Services may allow you to post, submit, publish, display, or otherwise transmit (“Submit”) content or materials (“Content”) on or through Kids Web Services. You are solely responsible for securing and backing up Content that you Submit.
You represent and warrant that you own or otherwise control all of the rights to your Content at the time of Submission and that the Content does not violate these Terms or the rights (intellectual property rights or otherwise) of any third party.
All Content must comply with the following content standards: it must not be illegal (for example but not limited to terrorist content which we will not store), fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You represent and warrant that any Content that you Submit complies with these standards.
We have the right but not the obligation to monitor and edit or remove any Content. Unless restricted by applicable law, we also have the right to disclose your identity to any third party who is claiming that Content that you Submit constitutes a violation of their intellectual property rights, or of their right to privacy.
You will have sole responsibility for the legality, reliability, integrity, accuracy and quality of the personal data you provide to SuperAwesome through Kids Web Services. SuperAwesome will only share personal information that you provide in accordance with its Privacy Notice. Subject to this, any Content that you Submit will be considered non-confidential and non-proprietary and you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable licence, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your Content in any media.
Do not rely on information within Kids Web Services
The content within Kids Web Services is provided for general information and use only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content within Kids Web Services. It shall be your own responsibility to ensure that any products, services or information available through Kids Web Services meet your specific requirements. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered within Kids Web Services for any particular purpose. You acknowledge that the information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access Kids Web Services. You should use your own virus protection software. You must not misuse Kids Web Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Kids Web Services, the server on which the platform is stored or any server, computer or database connected to the platform. You must not attack the platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Indemnity
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including legal fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You agree to defend, indemnify, and hold harmless SuperAwesome, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your Content or violation of these Terms. This means you will be responsible for any loss or damage we and our associated parties’ suffer as a result of your Content or breach of these Terms.
Disclaimers and Limitations of Liability
Nothing in these Terms will affect the statutory rights that you may have as a consumer of Kids Web Services and we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
Kids Web Services and all information, content, materials, products (including the Parent Portal and Developer Portal), software, and other services included on or otherwise made available to you through Kids Web Services are provided by SuperAwesome on an “as is” and “as available” basis. SuperAwesome makes no representations or warranties of any kind, express or implied. You expressly agree that your use of Kids Web Services is at your sole risk. To the fullest extent permissible by law, SuperAwesome disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. SuperAwesome does not warrant that Kids Web Services, information, content, materials, products (including the Parent Portal and Developer Portal), software, or other services included on or otherwise made available to you through Kids Web Services, SuperAwesome’s servers, or electronic communications sent from SuperAwesome are free of viruses or other harmful components, will meet your or any other person’s requirements, operate without interruption, achieve any intended result, be compatible or work with any software, system or other services or be secure, accurate, complete, free of harmful code or error free.
To the fullest extent permissible by law, SuperAwesome will not be liable for any loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with Kids Web Services or these Terms. Further, to the fullest extent permissible by law, SuperAwesome’s aggregate liability arising out of or in connection with these Terms will not exceed one hundred pounds sterling (£100). These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Language
To the fullest extent permitted by law, the controlling language for these terms is English. Any translation has been provided for your convenience only.
We are not responsible for websites we link to
From time to time, Kids Web Services may include links to other websites or digital services provided by third parties. These links are provided for your convenience to provide further information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Additional terms
No waiver of these Terms by SuperAwesome shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of SuperAwesome to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court 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 these Terms will continue in full force and effect.
We may transfer our rights and obligations under these terms to another organisation.
If you are a consumer, these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Contact Us
If you are a parent, guardian or general visitor and have any queries, need information or require assistance please do not hesitate to reach out to us using the contact form provided on this page.
If you are a developer or business user and have any queries, need information or require assistance please refer to the Community Support Forums.
You can also contact us by post at:
Attn: Legal
SuperAwesome Trading Limited
4th Floor, 8 Duncannon St
London, England WC2N 4JF
United Kingdom
Last updated: September 30, 2021
