Terms of Use

This document (Terms of Use) and the "App description" submitted by the Licensor, is a public offer, by virtue of Art. 395 of the Civil Code of the Republic of Kazakhstan, addressed to an indefinite number of persons and expressed in writing, in accordance with paragraph 4 of Article 395 of the Civil Code of the Republic of Kazakhstan.

Acceptance of this public offer is your purchase of the app (download) or payment of a license fee, depending on which of these events occurs earlier.

If you accept this public offer, a license agreement is concluded between you and the Licensor on the terms of this public offer. If you acquire other services, a mixed agreement is concluded containing the elements of a license agreement and a service agreement.

The client may use the service in accordance with the terms and conditions of this agreement and all applied locals, governing, domestic and internationals laws, rights and supplements. The users under the age of 18 are not allowed to create a profile in frames of “Kid security” service.

“Sirius chat” service might be used by any individual specifically referring to the own children or the one who is statutory representatives for children under wardship and who are under the age of 18. The user under the age of 18 are allowed to use “Sirius chat” with the parents’ consent or his/her official statutory representatives to use the service and give an agreement upon the confidential data use regarding the minor in order to get connected to the profile. The parent acceptance form can be obtained by the following link: https://yadi.sk/i/VbBUWeOVIo_v3A

Child is a person who is under the age of 18 at the moment of installing and usage of «Sirius chat».

Parent is the person who is over the age of 18 and is using «Kid security» app in order to be in touch with a child who is connected to the parent’s profile.

The service is meant to be used by the citizens of Kazakhstan, Asian countries, Russian Federation, United States of America, Europe Union countries. Please note that some service features might not be available for use outside the GPS area and wireless data transmission for the phone/device the app is installed on.

Any kind of disputes based on the unawareness claims as to existence of the terms right after acceptance of the present agreement cannot be accepted or reviewed anyhow.

The client is allowed to use the app only subject to these Terms.

Client (You) - an individual using the app.

Licensor - The legal entity distributing the app. Distribution the app among clients is carried out by Sirius kids LLP. Detailed info about the Licensor is available on  https://eng.kidsecurity.net/

App - a computer program with certain functionality. Functional description is available on https://eng.kidsecurity.net/

Client's computer - a computer device owned and used by the Client and/or his children (wards, wards), incl. smartphone, mobile phone, etc., technically capable of recording and launching the app.

  • Subject of the license agreement

1.1. The Licensor grants Users the right to use the App on the basis of a simple (non-exclusive) license in the following volume:

- the right to reproduce the App on the User's computer;

- the right to use the App for its intended purpose.

1.2. Term of the license agreement: from the moment of purchasing the app to the removal of the app by the User from all computers of the User or until the Licensor terminates the maintenance of the app, including in a certain territory.

1.3. The territory of the license agreement: the whole world.

1.4. The Licensor may also provide services related to the functionality of the app. A list of such services (if provided) is contained in the Appendix.

2. Payment of a license (license fee) and services. Purchase App

2.1. The moment of license fee payment of the for the right to use the App or services is considered to be the receipt in full of the appropriate amount of money to the Licensor’s current account, of third parties authorized by the Licensor to accept payments.

2.2. If for the functioning of the App it is necessary to carry out any actions described in the Appendix, the User must perform such actions.

2.3. Payment by the User of the license fee and / or services is carried out in the amount established by the description of the App within the time periods determined by the Licensor in the description of the App or in the Appendix. The user must keep documents (including electronic ones) confirming payment of the right to use the App and additional services.

2.4. The Licensor may establish a free trial period for using the App for users to evaluate the App. The trial period is set exclusively by the Licensor and is contained (if any) in the description of the Appendix or in the Appendix. The trial period may be unilaterally changed by the Licensor at any time without prior notice to the User.

2.5. The rights to use the App provided to the User are considered transferred to the User from the moment the App is downloaded or the license fee is paid, depending on which of these events occurs earlier. In the case of the use of technical means of protecting exclusive rights, the rights are considered granted to the User from the moment the User is granted access to the means of withdrawing such protective equipment, or the sending of such means to the User by electronic, postal or SMS.

The rights to use the App granted to the User cannot be returned to the Licensor. If the User stops using the App, the license fee to the User is not refunded.

2.6. The Licensor has the right at any time to unilaterally without prior notice to Users to change the size of the license fee, the fee for the provision of services.

3. Pricing

3.1. License fees are paid by automatically renewing your subscription through the AppStore or GooglePlay app stores.

3.2. The subscription price depends on the country of residence of the user. The price is communicated to the user before subscribing in the app interface.

3.2. The user is offered a subscription for 1 month (automatically renewed once a month), for half a year (automatically renewed every 6 months), for 1 year (automatically renewed once a year) or permanently.

3.3 Subscription is renewed automatically within 24 hours before the end of the paid period. The user can disable automatic renewal or unsubscribe no later than 24 hours before the end of the paid period.

3.4. Unsubscribing is carried out in the settings of your AppStore or GooglePlay account.

4. Special conditions, warranties and liability

4.1. The Licensor is not liable for damage (direct, indirect) caused to the User due to improper use of the Offer.

4.2. The licensor is responsible for the general rules of the legislation of the Republic of Kazakhstan, subject to the exceptions provided for by these Terms. In any case, the liability of the Licensor may not exceed the amount of the license fee paid by the User.

4.3. The Licensor has the right to assign or otherwise transfer his rights and obligations arising from his relations with the Users to third parties, subject to the rights and interests of the User.

4.4. The user guarantees that at the time of purchase of the App has the full legal capacity and the necessary authority to purchase the App.

4.5. The law of the Republic of Kazakhstan shall apply to the relations of the Licensor and the User. All disagreements are resolved by sending claims, if it is impossible to resolve the disagreements in the complaint procedure within 60 calendar days from the date of their occurrence, the Licensor and / or User is entitled to apply to the court at the location of the Licensor.

4.6. The User represents and warrants that he purchases the App solely for the purposes for which the App was created, that he will not use the App to violate the laws of the Republic of Kazakhstan or another state.

4.7. The user represents and warrants that he has no intentions and will not emulate, decompile, disassemble, decrypt, upgrade the App, as well as perform other actions aimed at revealing the architecture and logic of the App. The User represents and warrants that he will not remove copyright marks from the App.

4.8. The Licensor is entitled at any time to unilaterally make changes to the App, its functionality, including for optimization, customer satisfaction, etc. The Licensor has the right at any time to include unilaterally without prior notification of the Users in the App the ability to provide any services, exclude such services, change the procedure for their provision, etc. The licensor has the right at any time to stop supporting the functionality of the App.

4.9. The app is provided “as is”, i.e. may contain errors in the program code, may not correspond to the expectations of the User, may not correspond to analogues in the functionality and logic of the action, etc. The Licensor is not responsible to the User for such errors and non-compliance. At the same time, the Licensor makes all available financial, organizational and technical measures for the operation of the App in the most satisfactory way for Users.

4.10. The Licensor has the right to amend these Terms of Use unilaterally without prior notice to the User.

4.11. The licensor has the right to localize (translate into the appropriate language) the App for any territory, as it is entitled not to do this. The User does not have the right to require the Licensor to localize the App for the territory in which the User resides. Available localizations are indicated in the description of the App or in the App.

4.12. To run the App, a User's computer is required based on the Android operating system, version 4.0 and higher, or iOS 9.0 and higher.

4.13 You agree to indemnify the Company for losses arising from your violation of the terms of this Agreement, including but not limited to your violation of any of the representations and warranties presented here; Your violation of any third party right, including, without limitation, the right to privacy or intellectual property, your violation of any applicable law, rule or regulation; access by any other party and use of the Service with your unique username, password or other appropriate security code.

Unless otherwise specified, all materials specified in the Service are intended exclusively for individuals.

Service is provided by the Company “as is”. The Company does not guarantee the conformity of the Service with the goals and expectations of Users, its uninterrupted and error-free operation of the service, and the accuracy of determining geographical coordinates. The Company is not liable and does not compensate for any damage, direct or indirect, caused to the user of the Service or third parties as a result of the use or inability to use the Service.

The user is solely responsible to third parties for their actions when using the Service, including the fact that they comply with the requirements of the law and do not violate the rights and legitimate interests of third parties. The User independently and at his own expense agrees to settle all claims of third parties related to the actions of the User when using the Service.

We are not responsible for the loss of gadgets and do not transfer information to third parties about the location of the gadgets.

The user's computer must contain at least 80 Mb of free memory.

4.13. In the event that the Licensor becomes aware that the User is using the App in violation of these Terms or the laws of the Republic of Kazakhstan, the Licensor has the right to suspend the use of the App by such User.

5. Submission of information by the User

5.1. The user provides the information requested by the App for the implementation of its functions. In the event that the User provides information about his children (wards, wards), he acts as their legal representative by virtue of Article 277 of the Code of the Republic of Kazakhstan “On Marriage and Family” and / or Art. 24 Civil Code of the Republic of Kazakhstan. To provide data on children (wards, wards) to the User, special authority is not required.

5.2. The User is fully responsible for providing incorrect information, which entailed the inability of the Licensor to properly fulfill his obligations to the User and / or the app to perform the declared functions.

5.3. The Licensor does not verify the data entered by the User.

5.4. The User provides the Licensor the right to process all data provided by the User in the following ways: collection, recording, systematization, accumulation, storage, clarification (update, change), use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction for the sole purpose - the implementation of the app to achieve the goals of using the app.

5.5. If the User provides the Licensor with a phone number or email address, the User agrees that the Licensor has the right to send advertising information about his products and products of his partners to the specified phone number or email address.

5.6. The user agrees to receive technical, informational newsletters regarding the App and its operation (notifications of new versions, new functionality, additional services, etc.).

6. Confidentiality

6.1. The User agrees to transfer for processing by the Licensor the necessary confidential data in order to faithfully provide the Licensor with the main essence of the service

6.1.1. Data requested from the user by the Licensor:

- access to statistics on the use of the app - in order to display these statistics exclusively in the app of the confirmed parent

- access to use the location - in order to display this information exclusively in the app of the confirmed parent

- access to the microphone - in order to display this record exclusively in the app of the confirmed parent

- access to SMS - without the fact of sending the SMS itself, in order to send SMS settings from the user's phone

- access to files - with the goal of installing an avatar

6.2. Licensor agrees to ensure the confidentiality of all data received from the user in accordance with the privacy policies of the Google User or Apple User, as well as in accordance with the laws of the Russian Federation and the countries in which this app is published, in the field of personal data. Use all available technical means, including the https data transfer protocol

6.3. The Licensor stores any information received from the User confidentially, without linking it to information that allows the User to be identified and to interpret the data as personal

6.4. The Licensor undertakes not to disclose the information received from the User except for the provision by the Licensor of information in accordance with the requirements of applicable law, as well as to agents and third parties acting on the basis of an agreement with the Licensor, for the fulfillment of obligations to the User or for the purposes of clause 4.5 of these Terms of Use.

7. Functionality and the right how to use them.

7.1 Location of the child - it is allowed, with the consent of the child, to install the sirius chat app for the child, and then see the location of the child. Installing the sirius chat app without the consent of the person is prohibited.

7.2 Record sound around the child - the function is allowed to be used only for your own children in order to understand that everything is in order with the child. Using this function for secret listening and without the consent of third parties without their consent is prohibited. If voices or conversations of unauthorized persons are heard in the recording, the user must delete this recording.

7.3 Start online listening - the function is allowed to be used only for your own children in order to understand that everything is in order with the child. Using this function to secretly listen to third parties without their consent is prohibited. If voices or conversations of unauthorized persons are heard, the user is obliged not to disclose the information received and not to use it in all situations.

7.4 Set a place on the map - the user has the right to set a place on the map with the consent of the child in order to receive notifications about the child entering and leaving the designated place. Use by third parties and without the consent of the child is prohibited.

7.5 History of movement - the user has the right to view the history of movement of the child for any period, provided that the child has given his consent.

7.6 Beep - the user has the right to give a loud beep if the child has given verbal or written consent when installing the sirius chat app.

7.7 App statistics - the user has the right to view the screen time of using apps on the child’s phone only if the child gave verbal or written consent when installing the sirius chat app.

7.8 Chat with a child

The user has the right to use the functions in kid security and sirius chat apps only as described above in paragraphs 7.1 to 7.8. Any other use of functions is prohibited. If the user uses the kid security app and sirius chat as not specified in paragraphs 7.1 to 7.8, the user assumes all responsibility for the consequences.