Terms and Conditions

These general terms of use (or “Terms”) apply to the use of the Kidday service (“Service”). By creating a Kidday account or using Kidday, you agree to these terms of use. Kidday is a service owned by Muntius Ltd. (“Company,” “We,” or “Our”). These terms of use constitute an agreement between you and Muntius Ltd. The Company’s Business ID is 2767159-2.

These Terms of Use provide you with general information about our Kidday service and the terms of its use. Further information about data privacy can be found in our Privacy Policy.

General

Muntius Ltd. provides you with the Kidday service tailored to your use. Our goal is to offer you a reliable and user-friendly Service for storing and sharing important moments and information about a child’s growth with close people. Our service also features various partners and advertisers.

Communication

To maintain the Service, we will contact you through means such as email, phone, and internal messages within the Service. In these messages, we communicate responses to your questions, information about new features, our practices, and terms. We might also reach out to you for surveys or feedback on the functioning of our Service. Some of our communication includes our Newsletter subscription, which you can unsubscribe from using the Kidday application.

The Kidday service itself also generates various application-related messages for you, such as notifications about new information added to a child’s timeline or reminders.

Data Storage, Transfer, and Utilization

The Company handles data stored in the Service appropriately according to general good security and privacy practices. The Company collects personal data to the extent necessary for providing, using, and developing the Service. We strive to provide you with a secure and privacy-respecting service.

Our service offers the possibility to store and manage personal and child health-related data. Health-related information includes, for example, a child’s developmental stages, height, weight, shoe size, head circumference, and pregnancy-related information. Additionally, you can store information such as blood type, vaccinations, illnesses, and allergies. Storing this information helps you keep all important data in one place and take better care of your own and the child’s health.

By using our Service, you agree to us using the information you’ve stored, including health-related data, in accordance with the rights outlined in these Terms. However, the Company will not disclose your or your child’s personal health information to third parties without your or the child’s guardian’s separate consent.

You understand that the Company is not a healthcare professional, and we do not provide medical services or advice. Our service is focused solely on general informational purposes, and the content of our service should not be treated as professional medical or healthcare guidance, diagnosis, or treatment.

Our service offers two different versions: “Basic Version” and “Premium Version.” Using the feature-limited Basic Version does not cost you money. Activation of the Premium Version comes with a separate annual or monthly fee. The Premium Version offers you the opportunity to utilize additional features of Kidday.

In order to provide the Kidday service, we need to consider the costs associated with the Service. To cover the costs, we utilize the data stored in the Service and display advertisements and other commercial content to you. Various partners, companies, and organizations pay us for displaying content and ads within and outside the Kidday service.

We use personal and other data you’ve stored in the Service to target ads and content. We also use data related to children in our operations. However, we do not utilize the information in a way that we would provide precise individualized information (such as your name, email address, phone number) to a third party without your separate consent. Further information about data privacy can be found in our Privacy Policy.

We use the information stored with us to personalize your user experience and display various content, including from external partners. In personalization, we utilize, among other things, the following information: age, gender, location, device used, IP address, and language.

We provide our partners with general information about the usage of our Service and the functionality of their content for the purpose of their development.

We utilize the data we possess for the production and development of the Service in collaboration with others. Development heavily involves data analysis, surveys, and troubleshooting. We use machine learning and artificial intelligence for analyzing the stored data and producing the Service.

We take action against misuse, violations of our Terms, and harmful or fraudulent behavior. To secure the Service, we use all the data we possess, including your information. We may share information about misuse or harmful content with our partners or law enforcement authorities.

To ensure global operation of our Service, we store and transfer data between our systems worldwide. Therefore, information is stored and transferred outside your country of residence as well.

Commitment

When using our Service, we require your commitment to the following points to provide a quality, secure, and lawful Service.

You are at least 13 years old, or for a child under 13, we have obtained written consent from at least one guardian for using our Service.
You are not prohibited from receiving any aspect of our Service within the scope of applicable laws.
You are not prohibited from participating in payments related to the services we provide if you are not on a list of prohibited parties applicable to the situation.
We have not previously removed your user account from our Service due to legal or Terms violations.
You have not been convicted of sexual offenses.
You must represent yourself accurately and not impersonate another person.
The information on your own Profile Page within the Kidday service, as well as any profiles of children you’ve established, must be accurate and up-to-date.
You cannot create a user account on our Service for someone else without obtaining written consent from the relevant individual.
You cannot collect information in an automated manner without our explicit permission.
You cannot provide false information.
You cannot use the Service for commercial purposes without a written agreement with us.
You cannot use the Service for any purpose other than the one stated in the General section of these Terms.
You must act in a lawful and sincere manner.
You cannot yourself violate, or assist or encourage others to violate, these Terms.
You must act in a way that does not disrupt or endanger the functioning of the Service.
You cannot sell, license, or purchase any account or information obtained from us or our Service.
You cannot publish private or confidential information without authorization or engage in any action that infringes upon someone else’s rights, including intellectual property rights.
You confirm that you have the right to store information about a child in our Service.
You can use the works of others if allowed by exceptions and limitations related to copyright and related rights in applicable legislation. You guarantee that you have all necessary rights to content you publish or share.
You cannot modify, reverse-engineer, decompile, or translate our products or their parts, nor create derivative works from them or attempt to decipher their source code.
You cannot use a domain name or URL in your username without our prior written consent.
You cannot circumvent or attempt to circumvent the payment of the Premium version in a way that does not accurately reflect your family situation. In cases of misuse, we will lock your access and the access of related users to the Service. In cases of misuse resulting in permanent locking or account removal, we will not refund the paid Premium fee.
When storing content that is subject to intellectual property rights (e.g., photos, videos, text, numbers, choices) within the Service or related to the Service, you grant us a non-exclusive, free, transferable, sublicensable, global right to maintain, use, modify, copy, and translate the content. This right ends when your content is removed from our systems. However, we will not publish your content (e.g., photos, videos, text, health data) without separate consent in a form that could identify the individual.
You accept and understand that the data you enter into our Service will be stored in server environments maintained by third parties, and the data traffic required by our Service will use software and hardware from third parties.
You accept that we can use automated tools for the content you store within the Service, such as artificial intelligence and algorithms based on hashing algorithms, to detect harmful or illegal content, such as child pornography, terrorist propaganda, weapons, hate speech, or racism, as well as to improve our Service and your user experience in general. We also use these methods for targeting ads.
You accept that we can manually review any observations reported by the automated tools.
You accept that we use automatic user tracking and technical performance and error information for the development of our Service.
You give us permission, without any compensation, to display the information you’ve stored, actions you’ve taken (such as publishing moments, comments, likes), or your relationships (e.g., relationships with a child) alongside accounts, advertisements, offers, and other sponsored content that you follow or interact with on the Kidday service. For instance, we may display that you liked a sponsored post.
You accept that we can install updates to the Service on your device.
You accept that using our Service requires a regular data connection and that you are responsible for the costs arising from data traffic.
You accept that we may modify the information you’ve stored if we believe it to be necessary (e.g., if it violates another party’s intellectual property rights or appears as another user).
You accept that if you use content for which we hold intellectual property rights and that we make available in our service (e.g., images, design, videos, or audio that we offer and that you can add to content you create or share), we retain all rights to that content.
You accept that you can use our intellectual property rights, trademarks, or similar marks only with our written permission.
You accept that you must obtain written permission from us or a license under an open-source license if you want to modify, create derivative works, decompile, or otherwise obtain source code from us.
You accept that we can remove any content or information shared within the Service that we believe violates these Terms if we are required to do so by law. We can also refuse to provide the Service or terminate the provision of the Service to you immediately to protect our Service or if you pose a danger or legal issue to us, violate these Terms, repeatedly infringe upon others’ intellectual property rights, or if the law requires us to act in that way.
You accept that we can modify the Service, remove or block content or information shared within our Service, or fully or partially cease providing the Service if we decide it is reasonably necessary to avoid or mitigate harmful legal, economic, or regulatory effects on us.
You accept that if you use certain other features of our Service (such as Kidday Premium), you will have the opportunity to accept additional terms that will also become part of our agreement.

User Account and Data Deletion

When requesting the deletion of your user account, the deletion will be carried out within a maximum of 90 days from the request. Deletion will also include backups and recovery systems.

In the following situations, content will not be deleted within 90 days of account deletion or the start of content removal. In this case, content will be retained only for as long as reasons requiring its retention demand (the exact retention period varies case by case):

If deletion is not possible within 90 days due to technical limitations of our systems – in such a case, we will perform the deletion as soon as technically feasible; or
If deletion would restrict our ability to investigate or identify illegal activity or violation of our terms (e.g., our ability to identify or investigate misuse of our products or systems).
If deletion would restrict our ability to protect the safety of our products, systems, and users.
If deletion would restrict our ability to comply with a legal obligation, such as retaining evidence.
If deletion would restrict our ability to comply with a request from a judicial or law enforcement authority or a government agency.

The company carries out the deletion of inactive user accounts and data. If you haven’t used our Service for 12 months, we will notify you and initiate the automatic deletion of your user account and associated data. You will be notified by email to the email address we have on record. Your user account and all data stored in the Service will be deleted 30 days after the notification we provide.

If you delete your account or if we deactivate your account, these Terms will be terminated as an agreement between us, but this section and the “Liabilities” section below will continue to apply even if your account is terminated, deactivated, or deleted entirely.

Other Terms

If any part of this agreement is unenforceable, the remainder is still in effect.

Any amendment or waiver of the content of our agreement must be made in writing and signed by us. If we cannot enforce any part of this agreement, it does not constitute a waiver of our rights under the agreement.

We retain all rights that we have not explicitly granted to you.

This agreement does not grant rights to third parties.

You cannot transfer your rights or obligations under this agreement without our consent.

Our rights and obligations can be assigned to others. This might occur, for example, in the case of a change in ownership (such as a merger, acquisition, or sale of assets) or by law.

Liabilities

We take reasonable measures to secure the data stored with us. However, you acknowledge that no storage, processing, and transfer method is entirely secure, and the Company cannot guarantee complete security of stored data and the availability of the Service.

We exercise reasonable skill and care in providing our Service to you and maintaining a safe and as error-free operating environment as possible, but we cannot guarantee that our service will always function without interruptions, delays, or imperfections. Assuming we have exercised reasonable skill and care, we do not accept liability for: losses not caused by our breaches of these Terms or otherwise by our actions, losses not reasonably foreseeable by both you and us at the time of accepting these Terms, any offensive, inappropriate, indecent, unlawful, or otherwise questionable content published by others that you may encounter on our Service, or events beyond our reasonable control.

The above does not exclude or limit our liability for matters where the law does not allow us to do so.

Dispute Resolution

All terms, content, services, and/or your relationship with our Service are governed by Finnish laws. The parties agree to the exclusive jurisdiction of Finnish courts.

If your use of our Service as a consumer gives rise to or is connected with a claim or dispute, both you and us accept that you may bring a claim or dispute against us, and we may bring a claim or dispute against you, in any competent court in the country where you have your habitual residence, if the court has jurisdiction over the claim or dispute and applies that country’s laws regardless of conflict of laws principles.

If any other claim or dispute arises between us concerning the use of our Service, including but not limited to using our Service for business or commercial purposes, or if any other entity does so on your behalf, you agree that all such claims and disputes will be resolved in a competent court in Finland, and Finnish law will be applied to such claim or dispute, regardless of conflict of laws principles.

Feedback

We always appreciate feedback and other suggestions, but we can use them without limitations or any obligation to compensate you. We are not obliged to keep your provided feedback or other suggestions confidential.

Updating of Terms

We continuously develop and change our Service and operating methods. For this reason, we may make changes to these Terms.

Unless required otherwise by law, we will notify you of any changes to the Terms (e.g., through our Service) at least 30 days before they take effect, and you can review the content of the updated Terms before they become effective. If you use the Service after the Terms have become effective, the updated Terms will bind you. If you do not want to accept these or updated Terms, you can stop using our Service and delete your account.

This is the English version of the Terms. This is the unofficial version meant for reference and translation purposes. The original Finnish version can be found here.

Version 1. Published 8.8.2023