Terms & Conditions and Privacy Policy

This site is operated by EmojiKidz. (referred herein as “EmojiKidz” or “We”). Please read these terms carefully. By purchasing our EmojiKidz (“Device”), using our service (“Service”), or accessing our website (www. EmojiKidz.com) (“Site”), you agree to be bound by all of the terms, policies and conditions described herein. If you do not agree to all of these terms, policies and conditions, do not use our devices, services or the site. If you are using our site on behalf of any entity, you represent and warrant that you are authorized to accept these terms on such entity’s behalf, and that such entity agrees to indemnify you and us for violations of these terms. We reserve the right to change or modify these terms or any of our policies or guidelines, at any time. Any changes or modification will be effective immediately upon posting of the revisions on our site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of our Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

Service Policy

Service is provided by EmojiKidz SmartWatch SIM. EmojiKidz offers its service plans through subscription plan which auto-renew every 30 days. Service plan begins as soon as you activate your SIM card service. You’ll be charged the rate stated at the time of purchase, every month, three days prior to your anniversary date, your payment card on file will be charged for the current month service and your account will be updated, until you cancel. EmojiKidz offers its service plans with overages auto refill, for your convenience, this way you will never run out of minutes, text, or data mid-month! a $5 cash card will be automatically added to your account to cover for overages and avoid service interruption. As a benefit to our customer, your Cash Card remaining balance automatically rolls over month to month! Any unused funds from your Cash Card will be available during the next billing cycle for applicable plans. Cash Card sales are final and are non-refundable and non-transferable. A credit card or debit card is required to activate your EmojiKidz service plan. This is a non-contract service; plan renewal subscription cancellation and or overages auto refill cancellation requests can be made any time by contacting customer support.

Due to carrier restrictions on the AT&T network.

Once a plan ends and not refilled on time or once customer uses up any of the plan allotments, the SIM card account will go into inactive/suspend on the carrier and the assigned phone number will automatically be changed as a result.

When a customer refills their suspended account the carrier will set the sim card account back to active status and the phone number will be changed back to a dialable number. We cannot guarantee though the same “initial” number will be assigned back to the SIM account, hence customer must update their device record with the newly assigned phone number.

Order Cancellation Policy

We will not accept order cancellations after 60-days the order has been placed

Returns, Refunds and Cancellation Policy

Once an order has been shipped, EmojiKidz will not accept refund or return requests after 60-days the service been activated. If your Device is defective under our Warranty Policy. Customers must bear all costs for shipment returns to EmojiKidz. Upon receiving the Device from the customer, EmojiKidz will examine the Device and determine whether the Warranty Claim qualifies for free replacement, paid replacement, free repair, or paid repair. EmojiKidz retains the right to reject any Warranty Claim requests for Devices that are not considered defective and/ or not covered under our Warranty Policy. If you wish to return your EmojiKidz Watch, you may do so within 60 days of receiving the device or 60-days from initiating the service plan, at your own cost. To request a return authorization, please submit a refund request online, we can only refund the cost of the device itself. Service Plan refund will only be granted when you have consumed at least 30 minutes, 30 SMS or 30 MB of DATA of last service plan only. If you do not contact us to cancel the service plan within the 30-day period, or if you consume more than 30 minutes, 30 texts or 30MB of data, your purchase will be considered buyer's remorse and you will no longer qualify for a refund. Mobile Wallet sales are final and are not refundable/transferable.

Content Policy

By using the Site, Service and/or Device, you acknowledge and agree that:

Under no circumstances will EmojiKidz be liable in any way for any Content (e.g., Global Positioning Data received from your use of our Service or Device) or for any loss or damage of any kind incurred as a result of the use of any Content posted, submitted or otherwise made available via the Site and/or the Service.
Your use of the Service and all Content you posted on, transmitted through or linked from the Site and/or the Mobile applications is in compliance with the rules set forth in these Terms and all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of data exported from your country of residence and all export control laws.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and users, or to ensure the integrity and operation of the Service, our business and our systems, we may access and disclose any information we consider necessary or appropriate, including, but not limited to, IP addresses and traffic information, usage history, and submitted Content. Our right to disclose any such information will supersede any terms of the Privacy Policy.

Copyright and Trademark Notice

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of EmojiKidz, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Icons by Creative Commons CCBY.

Limited License and Restrictions

We grant you a limited, non-sublicensable, non-exclusive and revocable license to access and make use of the Site and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as posted on the Site. Except as otherwise expressly permitted by these Terms, you may not: (i) collect, use, copy or distribute any portion of the Site or the Materials; (ii) resell, publicly perform or publicly display any portion of the Site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site, the Mobile applications or the Materials; (iv) use any “deep-link”, “page-scrape”, “robot” ,”spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of Web site infrastructural resources; (vi) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (vii) use the Site or the Materials other than for their intended purposes.

Third Party Sites and Content

We may host or provide links to Web pages, Web sites and other content of third parties (“Third Party Sites and Content”). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER, HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS AGREEMENT OR YOUR PROMISES OR STATEMENTS MADE IN IT AND USE OF THE DEVICE OR SERVICE UNLESS DUE TO OUR SOLE AND GROSS NEGLIGENCE. YOU ALSO AGREE TO PAY OUR REASONABLE ATTORNEYS' AND EXPERT WITNESS FEES AND COSTS INCURRED IN ENFORCING THIS AGREEMENT THROUGH APPEAL EXCEPT AS PROVIDED IN PARAGRAPH 5, BELOW.USE OF YOUR DEVICE WHILE OPERATING A MOTOR VEHICLE OR IN ANOTHER DISTRACTED OR NEGLIGENT MANNER MAY BE PROHIBITED, OR RESTRICTED BY LAW IN SOME AREAS. IT IS YOUR RESPONSIBILITY TO CONFORM TO ALL SUCH LAWS OR REGULATIONS AND YOU SHALL INDEMNIFY US FROM CLAIMS ARISING FROM ANY SUCH UNLAWFUL OR NEGLIGENT USE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Limitation of Liability

WE ARE NOT LIABLE FOR ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER OR ANY THIRD PARTY PROVIDERS OF SERVICES RELATED TO USE OF THE DEVICE OR SERVICE, FOR INFORMATION PROVIDED THROUGH YOUR DEVICE, LACK OF PRIVACY OR SECURITY EXPERIENCED WHEN USING THE DEVICE, EQUIPMENT FAILURE OR MODIFICATION, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS). WE ARE NOT LIABLE FOR SERVICE OUTAGES, NOR FOR SERVICE LIMITATIONS OR INTERRUPTIONS, AS DESCRIBED IN PARAGRAPH 1.C ABOVE. OUR LIABILITY AND THE LIABILITY OF ANY UNDERLYING CARRIER FOR ANY FAILURE OR MISTAKE SHALL IN NO EVENT EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD. EMOJIKIDZ, AND ANY UNDERLYING CARRIER ARE NOT LIABLE FOR ANY INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUCH AS LOST PROFITS. YOU AND WE BOTH WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. WE AND ANY UNDERLYING CARRIER ARE NOT LIABLE FOR (i) ECONOMIC LOSS OR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE, THE DEVICE OR ANY EQUIPMENT USED IN CONNECTION WITH THE DEVICE UNLESS CAUSED BY OUR SOLE AND GROSS NEGLIGENCE, OR (ii) THE INSTALLATION OR REPAIR OF THE DEVICE BY ANY PARTIES WHO ARE NOT OUR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Termination

Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use the Service) and to block or prevent your access to and use of the Service for any or no reason.

Electronic Communications

Notwithstanding any terms to the contrary in these Terms, EmojiKidz may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with EmojiKidz or upon registration with the Service; or (ii) posting messages that are displayed to you when you log in to or access the Service. EmojiKidz’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with EmojiKidz, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.

Miscellaneous

These Terms together with the Privacy Policy and any other documents linked to these Terms, are the entire agreement of the parties regarding the subject matter hereof, superseding all other agreements between them, whether oral or written, regarding the subject matter hereof. These Terms are made and will be governed by and construed in accordance with the laws of Hong Kong, excluding its choice of law principles. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.

Updates to Terms of Service

We reserve the right to change or modify any provisions of these Terms and any policies or guidelines governing your use of the Service or Device, at any time in our sole discretion and without liability. Any such changes or modifications will be effective immediately upon posting of revisions on the Site or other effective means of communications in our sole discretion. Your continued use of the Service following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Service. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines, your sole recourse is to stop using the Service.

Agreement of Purchase

By clicking “ACCEPT” or “I AGREE”, you acknowledge that you are aware that there will be costs such as video calling fees, GPS tracking services, that will be adjusted from data service for the consumed amount on your service plan which are not included in the purchase price of the Product. There may be additional fees charged for the use of the voice calling, text messaging, video calling and GPS tracking services. EmojiKidz may not notify customers of any added fees however you can check the payment history for any added fees or further terms of use.

Privacy Policy

EmojiKidz provides the website, online service and mobile application (“EmojiKidz Apps”) the EmojiKidz watch (“Device”), collectively the “EmojiKidz Service”. We have prepared this Privacy Policy so that you understand how data will be collected and used in connection with the EmojiKidz Service .IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR OTHERWISE USE THE EMOJIKIDZ SERVICE. Personal information collected through the EmojiKidz Apps: Through the EmojiKidz App we may collect your name, email address, date of birth, billing information and other personal information, as well as that of the child who will use the Device. We do not collect personal information from you unless you voluntarily provide it to us. Location-based information collected through the EmojiKidz Service: The Device automatically and constantly collects information about the physical location of the Device when it is activated. This information is acquired through numerous methods, including GPS, cell towers and wi-fi hot spots, which are enhanced over time as we follow the Device, collect more information and improve our tracking. You may not disable location-based data collection from the Device. We may also collect such location-based information through your use of the EmojiKidz Apps. Calls/audio collected through the EmojiKidz Service: In the event an emergency call is placed from the Device, we may record the audio of the conversation between the Device and the recipient of such call. Non-personal or aggregate information that we collect: We automatically collect non-personal information from your use of the EmojiKidz Service, such as IP host address, device-specific identifiers, computer or smartphone configurations, pages viewed, time and usage habits on the EmojiKidz Service and similar data. It is possible at times when collecting non-personal information through automatic means that we may unintentionally collect or receive personal information that is mixed in with the non-personal information. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If we do inadvertently collect personal information, we will not intentionally use such personal information as if we had collected it with your consent. We may also aggregate demographic information collected from our users (such as the number of users in a particular location) in a manner which does not identify any one individual. Information Usage and Third Party Sharing: We will only use your information in a manner consistent with this Privacy Policy, unless you have specifically consented to another type of use, either at the time such information is collected or through some other form of consent from you or notification to you. Personal information and location-based information is treated as sensitive information by EmojiKidz and are subject to a heightened standard for sharing, as opposed to non-personal or de-identified information which may be shared with any number of parties. Therefore, we may use your information to: respond to your inquires or requests; ? send you information about the EmojiKidz Service (such as promotions, maintenance or security information);

send you a limited number of offers for additional products and services that may interest you, but we will not provide your personal information to third parties for them to contact you directly for their own benefit without your consent
permit our vendors and subcontractors to perform services, provided they are under an obligation of confidentiality and do not use the information for their own benefit
comply with applicable law or legal process; ? provide to a third party for their own use, such as marketing, but only if you have specifically opted-in to such third party sharing
investigate suspected fraud, harassment, danger to persons or property or other violations of any law, rule or regulation, or the terms or policies for the EmojiKidz Service or our business partners
share with law enforcement and other parties trying to locate a lost child, including sharing the audio content of emergency calls develop and enhance our own data, such as through tracking the location of your Device, provided that any disclosures of such data does not specifically identify you, your Device or your specific location
transfer information in connection with the sale or merger or change of control of EmojiKidz or the division responsible for the services with which your information is associated
share non-personal or de-identified information with any number of parties, including analytics companies, technology providers and other business partners
combine it with data from other sources outside of your use of the EmojiKidz Service, such as data obtained from wi-fi access points within range of your Device.

Auto deletion of data:

We may automatically delete data from a Device or from the EmojiKidz App in connection with a returned or terminated account or device, or as necessary to protect against unauthorized access to the data.

Cookies: “Cookies” are pieces of information that may be placed on your device by a service for the purpose of facilitating and enhancing your communication and interaction with that service. To the extent possible depending upon your device, we may use cookies (and similar items such as clear gifs, web beacons, tags, etc) to customize your experience, to make your visit more convenient or to enable us to enhance the EmojiKidz Service. We may also use and place cookies on your device from our third party service providers in connection with the EmojiKidz Service, such as an analytics provider that helps us manage and analyze EmojiKidz Service usage. You may stop or restrict the placement of cookies on certain devices or flush them from your browser by adjusting your web browser preferences, in which case you may still use our EmojiKidz Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personal information from your device without your knowledge. Cookies are device and browser specific, so if you make a change to your environment we may reinstall a cookie.

Security: The security of your information is very important to us. We take commercially reasonable security measures to protect your personal information (including, preventing the loss, misuse, unauthorized access, disclosure, alteration and destruction of your personal information). Please be aware, however, that despite our efforts, no security measures are impenetrable. If you use a password on the EmojiKidz Service, you are responsible for keeping it confidential. Do not share it with any other person. If you believe your password has been misused, please contact us at support@emojikidz.com immediately

Personal information from children: By providing the Device to a child, you represent and warrant to EmojiKidz that you are authorized by such child’s parent or guardian to enable and permit EmojiKidz to operate the EmojiKidz Service and collect and use the information from the child as stated herein.

Data retention: We may retain your information for as long as we feel that there is a business need or benefit to do so. This will include retaining location-based information. EmojiKidz Data collected through use of the Device and/or the EmojiKidz App, including location information, frequency of use and emergency contact information is generally not available to customers for their own, direct access. Please contact support@emojikidz.com for specific questions about access to any collected data. Other services: As a convenience to you, we may provide links to third party services from within our EmojiKidz Service. We are not responsible for the privacy practices or content of these third party services and such links should not be construed as an endorsement of any such third party services. When you link away from our EmojiKidz Service, you do so at your own risk. Changes to this Privacy Policy: We may change this Privacy Policy from time to time. If we make any changes to this Privacy Policy, we will change the Last Updated date below. We encourage you to review this Privacy Policy whenever you use the EmojiKidz Service or visit our Site to understand how your personal information is used.

Opt-Out Process: You may unsubscribe from our marketing messages. All unsubscribe or opt-out requests should be sent to us at support@emojikidz.com and we will process your request within a reasonable time after receipt. However, we are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent, such as a sponsor. You should contact such third parties directly. If you no longer want any data collected by EmojiKidz from the Device, then you will need to deactivate the service. EmojiKidz Terms of Service: Use of the EmojiKidz Service is governed by, and subject to, the Terms of Service.

This Privacy Policy is incorporated into such terms.

Contact: For questions or concerns relating to privacy, we can be contacted at: support@emojikidz.com

Safety information

Safety Information: To prevent injury to yourself and others or damage to your device, read the safety information about your device before using the device.

Warning

Warning:

Use manufacturer-approved accessories and supplies. CAUTION – ELECTIRCAL OPERATED PRODUCT
Avoid leaving the magnetic cable port on metal surfaces to avoid a short circuit that might cause damage or fire.
This product is not a toy. Do not allow children or pets to play with the watch unless the kid is properly trained on how to use it. The product contains small components that can be a choking hazard. Do not drop or cause an impact to the device. Prevent the multipurpose jack from contact with conductive materials, such as liquids, dust, metal powders, and pencil leads. Do not store your device in very hot or very cold areas. It is recommended to use your device at temperatures from 5 °C to 35 °C.
Do not store your device near or in heaters, microwaves, hot cooking equipment, or high-pressure containers.
Do not use your device while it is charging or touch your device with wet hands.
The product and the USB cable should be periodically examined for conditions that may result in the risk of fire, electric shock, or injury to persons and that, in such an event, the USB cable should not be used until properly repaired. Do not use your device outdoor during a thunderstorm. Turn off the device in potentially explosive environments.
During initial SET-UP of the watch, Google Play Services will ask your permission to check your location. Without Google Play Services, geolocation function won’t work properly. Please make sure you confirm Google Play Services permission. If you accidentally have denied Google Play Services, just restart the watch to make this window appear again. Comply with all safety warnings and regulations regarding mobile device usage while operating a vehicle. Do not use the device if it is broken or gets very hot and contact customer support.
If there is any discomfort or irritation during use, please remove device immediately. Do not attempt to clean device with water.
Do not bathe, shower, or swim with device. Do not submerge device in water. Avoid direct contact with rain or running water when washing hands.
Do not bite or suck the device or the battery. Children or animals can choke on small parts. If children use the device, make sure that they use the device properly.
Precautions should be observed during handling and use to prevent electrical shock. Adult supervision is recommended.
To prevent overheating, the video-calling function is limited to 3-minute duration. Timeout between video-calling should be not less than 5 minutes. In case of emergency, video-calling can be initiated from the app by entering a confirmation code
Regularly check for available updates in watch settings. For all warning and disclaimer, please visit www.emojikidz.com

Caution

Caution:

Do not disassemble, modify, or repair the unit.
Any changes or modifications to your device can void your manufacturer’s warranty. If your device needs servicing, contact customer support.
Do not disassemble or puncture the battery, as this can cause explosion or fire.
Do not paint or put stickers on your device. Paint and stickers can clog moving parts and prevent proper operation.
If you are allergic to parts of the device, you may experience itching, eczema, or swelling of the skin. When this happens, stop using the device and consult your physician.
Allow only qualified personnel to service your device. Allowing unqualified personnel to service your device may result in damage to your device and will void your manufacturer’s warranty.

WARRANTY

WARRANTY

Lifetime limited warranty.

WHAT WE PROMISE?

EmojiKidz Inc (“EmojiKidz”) Promise that our customer service and support will do the best at their end with your purchase. If you are not fully satisfied with your purchase, let us help you with a replacement or return.

WHAT DOES THIS WARRANTY COVER?

EmojiKidz Inc (“EmojiKidz”) warrants to the original purchaser (“you”) of the hardware with which this Limited Warranty is included (“Hardware”) that the Hardware will be free from defects in workmanship and materials under normal use (“Defects”) and service for a lifetime period from the date that the Hardware was first purchased and the service plan activated by you (“Warranty Period”). During the Warranty Period the Hardware will be repaired or replaced at EmojiKidz choice (“Limited Warranty”) without charge to you for either parts or labor. This Limited Warranty covers the replacement of the Hardware only. If the Hardware is repaired after the Warranty Period has expired, the Warranty Period for the repair will expire three (3) months after the date of repair. The customer should still pay for shipping costs. This warranty is valid only for customers purchasing from our online marketplace stores. Customers who purchased the Device from other resellers or retailers should contact the respective seller for their warranty policy and procedures.

WHAT DOES THIS WARRANTY NOT COVER?

The Limited Warranty does not apply to normal wear and tear, does not apply when the Hardware is opened or repaired by someone not authorized by EmojiKidz Inc and does not cover repair or replacement of any Hardware or part thereof damaged by: misuse, moisture, liquids, proximity or exposure to heat and accident, abuse, non-compliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware such as screen crack, water damage, broken band or physical damage of the equipment. This Limited Warranty does not cover any software that may accompany or be installed on the Hardware. The Limited Warranty does not cover the installation, removal or maintenance of the Hardware or any costs related herewith. This Limited Warranty does not cover customers who purchased the Device from other resellers or retailers should contact the respective seller for their warranty policy and procedures. This limited warranty does not cover Battery, USB charger, and LCD screen. The Device is equipped with a battery whose number of charging cycles is limited. Thus, the battery life will gradually decrease. EmojiKidz does not guarantee any specific battery life, as it is contingent on variables that EmojiKidz cannot control such as the frequency of charge/discharge cycles. EmojiKidz does not guarantee the improper use of the USB charger with non-compliant power sources rendering the charge time and efficiency to vary. EmojiKidz does not guarantee the LCD screen of the Device against accidental or non- accidental damages such as crack, scratch, moisture, etc. EmojiKidz reserves the right to reject any parcel with packaging defects. An improper packaging can be the cause of damages to the Device to which EmojiKidz cannot be held responsible.

HOW TO MAKE A WARRANTY CLAIM

Please go RETURN AND REFUND POLICY, follow the instruction for the claim. In order to make a claim of a Defect, you must contact EmojiKidz during the Warranty Period. You must return the Hardware during the Warranty Period, along with your purchase order/receipt copy and an explanation of the Defect, to the address provided to you by EmojiKidz. If a defect arises and a valid claim under this Limited Warranty is received by EmojiKidz. after the first one hundred and eighty (180) days of the Warranty Period, EmojiKidz is entitled to charge you for any reasonable shipping and handling costs made in connection with the repair or replacement of the Hardware. You must comply with any other return procedures stipulated by EmojiKidz, if any. We reserve the right to require proof of purchase for service under this warranty. The customer shall bear the costs for the shipment to EmojiKidz and must provide a tracking number to support@EmojiKidz.com once the parcel is shipped. The shipping fees will not be refunded in any case. Upon receiving the Device, EmojiKidz will examine the Device and determine whether the Warranty Claim is qualified. The customer will be responsible to backup any data, software, or other materials you may have stored or preserved on the Device. Additional terms and conditions:- Returned Device must be in good physical condition (not physically broken or damaged).- All accessories originally included with your purchase must be included with your return.- Returned Device must be sent in either its original packaging or packaging providing an equal degree of protection.- Customers are responsible for shipping charges and shall assume all risk of loss or damage to the Device while in transit to EmojiKidz. We recommend that you use a tracking service for your protection.- If you return your Device to EmojiKidz (a) without an RMA or (b) without all parts included in the original package, EmojiKidz retains the right to either refuse delivery of such return or charge you for the missing parts and/or accessories.- The warranty only covers manufacturer’s defect.- To qualify for the warranty the customer needs to provide the original purchase receipt or receipt number, watch serial or IMEI number or registration number.- The watch strap/bracelet falls under the category ‘accessories’ & thus not covered under manufacturer’s warranty.- The warranty is not transferable to someone else than the original purchaser.- The warranty is valid in The US only - Caution: Device is NOT waterproof. Any water/humidity damage is NOT covered under warranty

HARDWARE REPLACEMENT FEES

For all Hardware defects, EmojiKidz Inc. will adopt Return for Replacement instead of Return for Repair.

If the Defects are not covered by the Limited Warranty and your purchase is still under the Warranty Period, you will only need to pay a discounted price of $50 to get a replacement for a device. (You must return and ship the Defect Hardware to the address provided to you at your costs.) NOTE: Make sure you pack the product securely and include a copy of your proof of purchase/receipt. Ensure the RMA number for the return is clearly visible on the outside of the packaging as well as on the copy of the proof of purchase included inside the box. Ensure your shipping address is on the copy of the proof of purchase included inside the box.

YOUR LEGAL RIGHTS

This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state and jurisdiction to jurisdiction. If any part of this Limited Warranty is held to be invalid or unenforceable, the remainder of the Limited Warranty shall nonetheless remain in full force and effect. This Limited Warranty is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, EmojiKidz and its suppliers provide the Hardware “AS IS AND WITH ALL FAULTS”, and hereby disclaim all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of: merchantability, non-infringement, quiet enjoyment, system integration, satisfactory quality, fitness for a particular purpose, reliability or availability, accuracy or completeness of responses, results, workmanlike effort, lack of viruses, and reasonable care and skill, all with regard to the Hardware, and the provision of or failure to provide support or other services, information, software, and related content through the Hardware or otherwise arising out of the use of the Hardware. This exclusion does not apply to (i) any implied condition as to title and (ii) any implied warranty as to conformity with description. If applicable law requires any implied warranties with respect to the Hardware, all such warranties are limited in duration to ninety (90) days. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, so the above may not apply to you. This Limited Warranty cannot be transferred to any other person.

LIMITATION OF LIABILITY

Neither EmojiKidz nor its suppliers shall be liable to you or to any third party for any indirect, incidental, consequential, special or exemplary damages (including in each case, but not limited to, damages for the inability to use the equipment or access data, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the Hardware even if EmojiKidz has been advised of the possibility of such damages. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of EmojiKidz and any of its suppliers shall be limited to the amount actually paid by you for the Hardware. Notwithstanding the above, neither party’s liability for death or personal injury resulting from its own negligence shall be limited. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

CELLULAR CONNECTIVITY SERVICE AND COVERAGE WARRANTIESWE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICE OR ANY SERVICES PROVIDED BY ANY THIRD PARTIES, AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. WE ARE NOT THE MANUFACTURER OF THE DEVICE AND ANY STATEMENT REGARDING IT SHOULD NOT BE INTERPRETED AS A WARRANTY. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT

Software Agreement

Please be sure to carefully read and understand the software licensing agreement (hereinafter referred to as the "agreement") in the regulation of all rights and restrictions. Unless you accept the terms of this agreement, you have no right to download, install, or use of this software and related services.1、Statement of Intellectual Property1.1 The "software" of all intellectual property rights, as well as the contents of all information related to software,

Including but not limited to: words and their combination, ICONS, figure act the role of images, graphics, color, interface design, layout, framework and relevant data, additional procedures, printed materials or electronic documents, by the copyright law and international copyright treaties, as well as other intellectual property protection laws and regulations.1.2 Positioning data accuracy of the "software", cannot be equated with professional positioning accuracy, just for the sake of family location services to provide the reference；2、Scope of the Software License2.1 Download, install and use: the software for free software, users can non-commercial, unlimited number of download, installation and use of this software。3、Limitation3.1 Forbidden to reverse engineer, reverse compile and reverse assembly: the user should not be allowed to reverse engineer, reverse compile this software product or reverse assembly, at the same time cannot change any internal resources of the compile the program file.3.2 Prohibited components division: the software product is as a single product and has been granted permission to use, the user shall separate parts to be used for any purpose.3.3 Positioning device and this software is only for the family, users used as crime or other dangerous social activities shall be forbidden to use.4、Rights4.1 Individual authorization: if you need to commercial sales, copy, distribute, including but not limited to, software sales, pre-installed, bundling, etc., must be EmojiKidz written authorization and permission.4.2 Rights reserved: all rights not expressly authorized in this agreement other still owned by EmojiKidz Inc., users use other rights must obtain EmojiKidz written consent.5、Points to Note5.1 This software with EmojiKidz Company selling device, positioning services including positioning device action path map, to locate the remote monitoring and early warning of device remind etc. Function.5.2 Software using the built-in Google map, check the track points, such as early warning alert information5.3 Use EmojiKidz sell device, device will regularly report in daily use location information to EmojiKidz’s server, this behavior will produce the corresponding traffic fee and charge by operators, in addition to the real-time positioning and tracking mode switch will produce message communications costs, in addition to no cost.5.4 This software includes account binding positioning of device, check the positioning of device action track map function: positioning device initialization complete, namely will start timing report by operator network location to EmojiKidz 's servers; Trajectory map into action after you open the software, it contains the following functions：Three types positioning: Wifi position or GPS position or LBS position, View the trajectory of the day: You can view historical track by switch the date and view the whole day trajectory.

Real-time positioning: You can get your Child’s newest position information by clicking the positioning button. Then APP will issue an instruction by network and the positioning information reported to EmojiKidz‘s server, the server will push to locate messages to APP.

Frequency Settings: You can use this software to locate device report frequency Settings, choose a different frequency under different scenarios, the software provides a power-saving mode, manual mode and tracking mode and so on the many kinds of choice.

Set the family number: You can set family number for Kids watch through the software.

Child press family key, immediately call the corresponding family number.5.5 This software includes automatic reminders: EmojiKidz server will be regular tracking the location of Child, record the general action of Child, and sends the appropriate reminder to you. Which include the following reminder types: Electric remind: When the watch get the child’s position is out the safe zone, EmojiKidz server will push a notification message to your APP.SOSWhen an emergency occurs, the user through the device trigger SOS, EmojiKidz server would immediately push a SOS alert messages to you, and will push a device SOS occurs according to the circumstance of a recording to you, let you in an emergency to get more information.

Pay attention to remind: when a user application on your location or invite you to focus on her device, will push a message to you, you can choose to agree or reject.5.6 The software applies only to its official website support operating system, if the user after the installation of this software for any reason to give up, you can use the operating system provide a way to delete the software.5.7 The software provided by EmojiKidz product support.5.8 Software changes and upgrades: EmojiKidz reservation at any time to provide users with modification, upgrade version of the right of the software. Software updates will produce the corresponding data traffic fee, charge by operators.5.9 The software needs to use the camera and have access to album function.6、ACTSUsers should be in comply with the law and this agreement under the premise of the use of this software. User has no right to implementation including but not limited to the following ACTS:6.1 Delete or change the software on all of the right management of electronic information;6.2 Shunned or damaging this software copyright shall be protected by the human and technical measures;6.3 Use this software to mislead, deceive others;6.4 Violation of state regulations, the functions of mobile device system, delete, modify, and add, interference of mobile information system cannot run normally;6.5 Without permission, mobile device or mobile device information network resources;6.6 Without permission to delete, modify, or add function of mobile devices;6.7 Without permission, for mobile devices in the storage, processing or transmission of data and application to delete, modify, or increased;6.8 Destroy the normal operation of the software system or site, intentionally spread mobile viruses such as destructive procedures;6.9 Any other endanger the safety of the equipment information network.7、Privacy information protection7.1 To protect the user's personal information is a basic principle of EmojiKidz, EmojiKidz will take reasonable measures to protect the user's personal information. In addition to the circumstances prescribed by laws and regulations, without the user permission EmojiKidz will not disclose to the third party, disclose the user's personal information. EmojiKidz on the relevant information using professional encryption storage and transmission methods to protect the user's personal information security.7.2 You may need to fill in some of the necessary information when you register your account or use the service. If the national laws and regulations or policies have special provisions, you need to fill in the true identity information. If you fill in the information is not complete, you cannot use the service or in the process of being restricted.7.3 In general, you may browse and modify your own information at any time, but you may not be able to modify the initial registration information and other verification information provided at the time of registration for security and identification (such as number complaint service).7. EmojiKidz will use a variety of safety technologies and procedures to establish a sound management system to protect your personal information, so as to avoid unauthorized access, use or disclosure.7. EmojiKidz attaches great importance to the protection of personal information of minors. If you are a minor under 18 years of age, you should obtain prior written consent from your parent or legal guardian before using the service.

Terms and Conditions