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 support@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 support@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 support@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 support@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 legal@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 support@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 support@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 support@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. Governing Law & Dispute Resolution

16.1 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.

16.2 Informal Resolution

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

16.3 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.

17. 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.

18. Contact Information

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