Terms of Service

2. Eligibility & Parental Consent

2.1 Age Requirements

The Platform is designed for children ages 7–16. Account types and requirements are as follows:

• Users under 13 (US): A parent or legal guardian must create the account, provide verifiable parental consent, and remain responsible for the child's use of the Platform. Consistent with COPPA (16 C.F.R. Part 312), children under 13 may not register independently.
• Users 13–17: Minors may register with a valid email address subject to parental consent where required by applicable law (including GDPR Article 8 for EU/EEA/UK users aged 13–15). By creating an account, you represent that a parent or guardian has reviewed and approved these Terms.
• Users 18+: Parents, guardians, or gift purchasers may create accounts and purchase subscriptions on behalf of children.

2.2 Parental Responsibility

Parents and guardians who provide consent for a child's account are fully responsible for:

• Supervising the child's use of the Platform, including AI features;
• Ensuring the child complies with these Terms;
• All charges incurred under the account;
• Any content the child creates or submits on the Platform.

We strongly encourage parents to use our Platform alongside their children and utilize the parent dashboard to monitor progress.

2.3 Geographic Eligibility

The Platform is available worldwide subject to applicable law. You represent that your use of the Platform does not violate any laws or regulations in your jurisdiction.

3. Accounts & Registration

To access most features of the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain the security of your account credentials and not share your password;
• Promptly notify us of any unauthorized access or security breach at contact@kidscodegift.com;
• Be responsible for all activity that occurs under your account;
• Not create more than one account per person without our express written consent.

We reserve the right to refuse registration, suspend, or terminate accounts that provide false information or violate these Terms.

Username policy: Usernames must not include real full names, personally identifiable information, inappropriate language, or impersonation of other individuals or organizations. For children, we recommend using a pseudonym or nickname.

4. Subscriptions & Payments

4.1 Subscription Plans

We offer the following paid subscription plans (pricing subject to change with notice):

A free tier is available with access to two introductory courses and daily challenges, without AI tutoring or full course library access.

4.2 Billing

• All payments are processed by Stripe, Inc., a PCI-DSS Level 1 certified payment processor. By providing payment information, you agree to Stripe'sTerms of Service.
• Recurring subscriptions are billed automatically on the anniversary of your subscription date.
• You authorize us to charge your payment method on file for all applicable fees.
• All prices are in US Dollars (USD). Additional taxes may apply based on your location.
• We may update subscription prices with at least 30 days' prior notice by email. Price changes take effect at the next renewal cycle.

4.3 AI Token Usage

AI tokens power the CodeWhiz AI tutoring feature. Token allocations are provided per plan as shown above. Tokens are not currency, have no cash value, cannot be transferred, sold, or exchanged. Unused tokens do not roll over between subscription periods (except the Gift Pass lifetime bank). Daily token refills occur automatically each morning at midnight UTC.

4.4 Gift Pass

The Gift Pass is a one-time purchase providing permanent access to the Platform's paid features for a single user, along with a lifetime AI token bank of 500,000 tokens. The Gift Pass is non-transferable and applies to one account only.

5. Refund & Cancellation Policy

5.1 Cancellation

You may cancel a recurring subscription at any time through your account Settings or by contacting contact@kidscodegift.com. Upon cancellation:

• Your subscription remains active until the end of the current billing period;
• You will not be charged for subsequent periods;
• Access to paid features continues until the period end date.

5.2 Refunds

• Monthly subscriptions: Refunds are available within 7 days of the initial purchase or renewal, provided AI token usage has not exceeded 10% of the monthly allocation. Contact contact@kidscodegift.com with subject "Refund Request."
• Annual subscriptions: Refunds are available within 14 days of purchase if less than 10% of the annual token allocation has been used. After 14 days, a prorated refund for unused complete months may be issued at our discretion.
• Gift Pass: Refunds are available within 14 days of purchase if the pass has not been redeemed. Once activated (linked to an account), the Gift Pass is non-refundable.
• EU/UK consumers: You have a statutory 14-day right of withdrawal under EU Directive 2011/83/EU and UK Consumer Contracts Regulations 2013, except where digital content has been fully delivered and you have expressly consented to immediate performance, waiving your right of withdrawal. Requests must be made by emailing contact@kidscodegift.com.

We reserve the right to decline refund requests where abuse of the refund policy is suspected.

6. AI Features & Acceptable Use

6.1 AI Tutor (CodeWhiz)

CodeWhiz is an AI-powered coding assistant. You acknowledge and agree that:

• CodeWhiz responses are generated by artificial intelligence and may contain errors, inaccuracies, or outdated information. Always verify important information independently.
• CodeWhiz is for educational purposes only and does not constitute professional advice of any kind.
• You are interacting with an automated AI system, not a human.
• We do not guarantee the accuracy, completeness, or fitness for any purpose of AI-generated content.
• AI responses are not monitored in real-time by human staff, though we apply automated content filtering to prevent harmful content.

6.2 Prohibited Use of AI Features

You may not use the AI tutor to:

• Generate harmful, abusive, harassing, illegal, or inappropriate content;
• Attempt to "jailbreak" or bypass safety guidelines or content filters;
• Extract or reproduce training data or model weights;
• Automate bulk queries or use the AI in a way that circumvents rate limits;
• Generate malware, hacking tools, or any code intended to harm systems;
• Engage in any activity that violates applicable laws.

6.3 EU AI Act Acknowledgment

In accordance with the EU AI Act (Regulation EU 2024/1689), you acknowledge that you are interacting with an AI system. CodeWhiz does not make legally binding decisions and cannot override human judgment. Parents have the right to disable AI access for their child's account.

7. User Content

You may submit code projects, messages in community channels, and other content ("User Content"). By submitting User Content, you:

• Represent that you own or have the right to submit the content;
• Grant KidsCode Gift a non-exclusive, worldwide, royalty-free license to host, store, display, and make User Content available to the Platform solely for purposes of operating the Platform;
• Retain ownership of your User Content;
• Acknowledge that User Content published publicly (e.g., in the Arcade or Showcase) is viewable by other users.

We do not claim ownership of User Content. We reserve the right to remove any User Content that violates these Terms, applicable law, or our community guidelines.

Children's content: Parents and guardians consent to their child's User Content being displayed on the Platform when they approve the child's account. Child-generated content is never sold, used in advertising, or shared outside the Platform without separate parental consent.

8. Prohibited Conduct

You agree NOT to:

• Bully, harass, threaten, or harm other users, including through community channels;
• Share personal information (your own or others') in community spaces;
• Impersonate any person, company, or KidsCode Gift staff;
• Upload or transmit viruses, malicious code, or any harmful software;
• Attempt to gain unauthorized access to any part of the Platform or another user's account;
• Scrape, crawl, or systematically extract data from the Platform without written permission;
• Use the Platform for any commercial purpose not expressly authorized by these Terms;
• Circumvent, disable, or interfere with security-related features of the Platform;
• Violate any applicable law, including but not limited to copyright law, data protection law, or laws protecting children;
• Engage in or facilitate any form of child exploitation, grooming, or abuse — violations will be reported to law enforcement and the National Center for Missing & Exploited Children (NCMEC).

Violation of this section may result in immediate account suspension or termination and, where applicable, reporting to law enforcement authorities.

9. Intellectual Property

9.1 Our Content

The Platform and all content created by KidsCode Gift — including course materials, lessons, challenges, the CodeWhiz AI system, branding, logos, software, and design — is owned by KidsCode Gift or our licensors and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial educational purposes in accordance with these Terms.

9.2 Restrictions

You may not:

• Copy, reproduce, distribute, or create derivative works of our content without written permission;
• Reverse engineer, decompile, or attempt to extract source code from the Platform;
• Remove or alter any copyright, trademark, or proprietary notices;
• Use our branding or name in any way that implies endorsement without express written consent.

9.3 DMCA / Copyright Complaints

If you believe content on the Platform infringes your copyright, please send a DMCA notice to contact@kidscodegift.com including: (i) your contact information, (ii) identification of the copyrighted work, (iii) identification of the allegedly infringing material, (iv) a statement of good faith belief, and (v) a statement under penalty of perjury that you are authorized to act.

10. Third-Party Services

The Platform uses third-party services including Stripe (payments), Supabase (database), Google Gemini (AI), and Vercel (hosting). Your use of the Platform is also subject to their applicable terms and privacy policies. We are not responsible for the practices of these third parties beyond our contractual data processing agreements with them.

The Platform may contain links to third-party websites. These links are provided for convenience only. We do not endorse and are not responsible for the content, privacy practices, or terms of any third-party website.

11. Disclaimers

12. Limitation of Liability

13. Indemnification

You agree to indemnify, defend, and hold harmless KidsCode Gift and its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Platform in violation of these Terms; (b) your User Content; (c) your violation of any applicable law or third-party rights; or (d) if you are a parent/guardian, your child's use of the Platform.

This indemnification obligation does not apply to the extent that claims arise from our own negligence, fraud, or willful misconduct.

14. Children's Safety

The safety of children is our highest priority. We have implemented the following safeguards:

• Community moderation: Community chat channels are moderated and filtered. Direct messaging between users is not permitted.
• No real names required: Children are encouraged to use pseudonyms and not share personal information in community spaces.
• AI content filtering: The AI tutor is configured with strict content policies to prevent inappropriate, harmful, or adult content.
• Reporting mechanism: Users can report inappropriate content or behavior to contact@kidscodegift.com or via in-app reporting.
• Zero tolerance for CSAM: We have a strict zero-tolerance policy for child sexual abuse material (CSAM). Any suspected CSAM will be immediately removed and reported to NCMEC's CyberTipline and relevant law enforcement agencies.
• Parental controls: Parents can disable AI features, community access, or delete the account at any time by contacting contact@kidscodegift.com.

If you suspect a child is in immediate danger, contact local emergency services immediately. To report online exploitation, contact NCMEC atmissingkids.org.

15. Termination

By you: You may terminate your account at any time through Settings or by emailing contact@kidscodegift.com. Termination does not entitle you to a refund except as specified in Section 5.

By us: We reserve the right to suspend or terminate your account, with or without notice, if you: (a) violate these Terms; (b) engage in prohibited conduct; (c) fail to pay subscription fees; (d) engage in activity that endangers children or other users; or (e) as required by law or court order.

Upon termination, your license to use the Platform ceases immediately. Sections that by their nature should survive termination (including Sections 9, 11, 12, 13, and 16) shall survive.

Following account deletion, personal data will be retained only as required by law (e.g., payment records) or purged according to our data retention policy in the Privacy Policy.

16. Teacher Marketplace & Independent Instructors

16.1 Nature of the Marketplace

The Platform operates a marketplace that connects students (or their parents/guardians) with independent third-party instructors ("Teachers", "Instructors") for live workshops, courses, and mentoring sessions. Teachers are independent contractors, not employees, agents, or representatives of KidsCode Gift. KidsCode Gift does not employ, license, accredit, or certify Teachers.

KidsCode Gift provides the technology platform that facilitates the booking, payment, and delivery of workshops. KidsCode Gift does not itself provide the educational services offered through the marketplace. All workshops are delivered by Teachers in their individual capacity.

16.2 No Guarantee of Teacher Services

While KidsCode Gift verifies Teacher identity and conducts background checks (see Section 18),KidsCode Gift does not guarantee the quality, safety, completeness, or outcome of any Teacher's services. KidsCode Gift is not a party to the agreement between a Teacher and a student/parent regarding the educational services provided. Any dispute regarding the quality of services should first be addressed directly with the Teacher.

16.3 Teacher Responsibilities

Teachers using the marketplace agree to:

• Provide accurate credentials and qualifications on their profile;
• Deliver workshops at the scheduled times and as described;
• Comply with all applicable laws, including child safety and education regulations;
• Maintain appropriate conduct with minors and follow our Child Safety Policy (Section 14);
• Not misrepresent their qualifications, credentials, or verification status;
• Be solely responsible for their own taxes, insurance, and business obligations;
• Use the Stripe Connect account in their own legal name and for their own benefit.

16.4 Student/Parent Responsibilities

Students and parents using the marketplace agree to:

• Review Teacher profiles, ratings, and workshop descriptions before booking;
• Provide accurate student information for age-appropriate matching;
• Attend scheduled sessions or cancel with adequate notice;
• Understand that Teachers are independent contractors, not KidsCode Gift employees;
• Report concerns about a Teacher to contact@kidscodegift.com.

17. Workshop Payments & Revenue Split

17.1 Workshop Pricing

Teachers set the prices for their paid workshops, subject to minimum and maximum limits established by KidsCode Gift. Free workshops may also be offered at the Teacher's discretion. All prices are displayed in US Dollars (USD) on the workshop listing page before purchase.

17.2 Platform Commission & Revenue Split

When a student pays for a workshop, KidsCode Gift processes the payment via Stripe and remits the Teacher's share via Stripe Connect. The platform commission rate depends on the attribution source — i.e., who sourced the enrollment:

Attribution is determined at the time of purchase and is not reclassified after the transaction. Commission rates may be updated with 30 days' notice to Teachers.

17.3 Subscription vs. Workshop Fees

The Platform offers two distinct payment types:

• Platform subscriptions (Creator Monthly, Annual Master, Gift Pass) are paid directly to KidsCode Gift and are not subject to the revenue split. These cover access to the platform, AI tools, self-paced courses, and free workshops.
• Paid workshops are offered by Teachers at their own pricing. The commission in Section 17.2 applies only to the workshop fee, not to any subscription the student may also hold.

17.4 Teacher Payouts

Teacher payouts are processed via Stripe Connect. Teachers must complete Stripe Connect Express onboarding, including identity verification and bank account setup, before they can publish paid workshops or receive payouts. Payouts are transferred to the Teacher's Stripe Connect account at the time of successful payment and are subject to Stripe's payout schedule (typically 2–7 business days).

KidsCode Gift is not responsible for delays caused by Stripe, the Teacher's bank, or incorrect banking details provided by the Teacher. Teachers are responsible for their own tax reporting and obligations. KidsCode Gift may issue tax forms (e.g., 1099-K) as required by law.

18. Teacher Verification & Background Checks

18.1 Identity Verification

All Teachers must complete identity verification through Checkr, our third-party background check provider, before their profile is marked as "Verified" and before they can publish paid workshops. The verification process includes:

• Government-issued ID verification;
• Criminal background check (county and national records search);
• Sex offender registry check.

18.2 What Verification Means

A "Verified" badge indicates that the Teacher's identity has been confirmed and a criminal background check has been cleared. Verification does not constitute an endorsement, employment, licensure, accreditation, or certification by KidsCode Gift. Credentials listed on a Teacher's profile (e.g., degrees, certifications) are self-declared by the Teacher and have not been independently verified by KidsCode Gift.

18.3 Background Check Consent & Data

Teachers must explicitly consent to the background check before it is initiated. KidsCode Giftstores only the status of the background check (e.g., "clear", "pending", "consider") — not the full report contents, criminal records, or other sensitive personal data from the report. The full report is retained by Checkr in accordance with applicable law (including the Fair Credit Reporting Act, 15 U.S.C. § 1681).

Background checks are conducted periodically. KidsCode Gift reserves the right to require re-verification and to suspend or remove any Teacher whose background check status changes unfavorably.

18.4 Teacher Removal

KidsCode Gift reserves the right to suspend or remove any Teacher from the marketplace at any time, with or without cause, including but not limited to: failed background check, student complaints, violation of these Terms, child safety concerns, or conduct that KidsCode Giftdetermines is harmful to the Platform or its users.

19. Marketplace Refunds & Disputes

19.1 Workshop Refund Policy

Refund policies for paid workshops are as follows:

• Cancellation before the workshop starts: Full refund if cancelled at least 24 hours before the scheduled start time. The Teacher's payout is reversed (clawed back) and the student is refunded in full.
• Cancellation within 24 hours: 50% refund if cancelled within 24 hours of the start time. The Teacher receives 50% of their payout as a late-cancellation fee.
• No-show by the Teacher: Full refund to the student. The Teacher receives no payout.
• No-show by the Student: No refund. The Teacher receives their full payout.
• Workshop cancelled by the Teacher: Full refund to the student at any time.

19.2 Refund Processing

All refunds are processed by KidsCode Gift through Stripe. When a refund is issued, KidsCode Giftreverses the transfer to the Teacher's Stripe Connect account (a "clawback") for the refunded amount. If the Teacher's Connect account balance is insufficient to cover the reversal, the Teacher's future payouts will be debited until the balance is recovered.

19.3 Disputes & Chargebacks

If a student initiates a chargeback through their bank or credit card company, KidsCode Giftis responsible for responding to the dispute as the payment processor. The Teacher's payout for the disputed transaction will be held pending resolution. If the chargeback is upheld, the payout is clawed back. If the chargeback is reversed in KidsCode Gift's favor, the payout is released to the Teacher.

Teachers may not contact students directly to request that they withdraw a chargeback. Doing so may result in removal from the marketplace.

19.4 Platform-Initiated Refunds

KidsCode Gift reserves the right to issue refunds to students at its sole discretion in cases of suspected fraud, Teacher misconduct, service non-delivery, or violation of these Terms. In such cases, the Teacher's payout will be clawed back. KidsCode Gift will notify the Teacher of any platform-initiated refund and the reason for it.

20. Governing Law & Dispute Resolution

20.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

EU/UK consumers: Nothing in these Terms affects your rights under the mandatory consumer protection laws of your country of residence. EU consumers may also have the right to use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

20.2 Informal Resolution

Before filing a formal dispute, you agree to first contact us at contact@kidscodegift.com and allow 30 days to attempt informal resolution. Many issues can be resolved quickly through direct communication.

20.3 Arbitration & Class Action Waiver

For users in the United States, any unresolved dispute shall be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA). YOU AND KIDSCODE GIFT WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Exception: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, including for IP infringement or protection of children's safety.

This arbitration clause does not apply to consumers in EU/EEA/UK jurisdictions, where mandatory consumer rights may provide for different dispute resolution mechanisms.

21. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and KidsCode Gift regarding the Platform, superseding all prior agreements.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• No Waiver: Failure to enforce any provision is not a waiver of the right to enforce it later.
• Assignment: You may not assign your rights under these Terms. We may assign our rights in connection with a merger, acquisition, or sale of assets, with notice to you.
• Changes to Terms: We will provide at least 30 days' notice of material changes via email and/or prominent Platform notice. For changes affecting children's rights or COPPA compliance, we will obtain fresh parental consent before applying changes to child accounts.
• Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control.
• Language: These Terms are written in English. Any translations are provided for convenience. In the event of conflict, the English version prevails.

22. Recording Governance

Session recordings are governed by the following policy, which applies to all live sessions conducted through the Platform.

22.1 Default Off

Recording is disabled by default for all workshops. A Teacher must explicitly enable recording when creating a workshop. Even when enabled by the Teacher, recording does not occur unless the student (or their parent) has provided affirmative consent at checkout.

22.2 Consent

• For parent-path enrollments: the parent must check the recording consent box at checkout. Consent is recorded per enrollment with a timestamp.
• For school-path enrollments: the school provides consent on behalf of enrolled students as part of the school agreement. The school represents that it has notified parents and has authority to authorize.
• A student or parent may withdraw recording consent at any time by emailing contact@kidscodegift.com. Withdrawal applies prospectively to future sessions.

22.3 Access

• Recordings are accessible only to the Teacher and Platform administrators.
• Recordings are never shared with other students, made public, or used for marketing.
• Recordings may be reviewed by Platform administrators in connection with a safety investigation or dispute.

22.4 Retention & Deletion

• Recordings are retained for 90 days from the session date.
• After 90 days, recordings are permanently and automatically deleted.
• If a safety investigation is open, the recording is preserved until the investigation is closed, then deleted within 30 days.
• Parents may request early deletion of their child's recordings by emailing contact@kidscodegift.com.

23. Child Safety & Mandated Reporting

23.1 Mandated Reporter Acknowledgment

All Teachers on the Platform acknowledge that they may be mandated reporters under applicable state law. Teachers agree to fulfill their legal obligations to report suspected child abuse or neglect to the appropriate state child protective services agency. The Platform provides resources and links to state-specific reporting hotlines at /safety. The Platform is not a substitute for a Teacher's individual legal obligations.

23.2 Platform Safety Commitments

• All Teachers undergo identity verification and background checks before being approved to teach (see Section 18).
• Live sessions use a waiting room model — students are admitted by the Teacher, not auto-joined.
• Session recordings (when enabled) are reviewed only for safety investigations and are deleted after 90 days.
• The Platform maintains an incident log for all child safety complaints. Incidents are investigated and resolved by Platform administrators.
• Teachers may be suspended or removed immediately upon any credible child safety concern, pending investigation.

23.3 Reporting a Concern

Any person — parent, student, school administrator, or Teacher — may report a child safety concern by emailing contact@kidscodegift.com or using the report form at /safety. Reports may be made anonymously. The Platform acknowledges receipt within 24 hours and investigates all reports within 72 hours.

23.4 Emergency Contact

Parents are required to provide an emergency contact at onboarding. School administrators provide a designated contact as part of the school agreement. In the event of an emergency during a live session, the Teacher may contact the Platform at contact@kidscodegift.com and the Platform will contact the parent or school emergency contact.

24. Contact Information

For questions, concerns, or legal notices regarding these Terms: