Terms & Conditions – KidsFirst

Welcome to KidsFirst, a co-parenting application developed by KidsFirst Vision Pty Ltd ABN 86 675 447 024 ("we", "us", or "our").

By downloading, accessing, or using the KidsFirst App or website, you agree to be bound by these Terms & Conditions ("Terms"). Please read them carefully before using our services. If you do not agree, you must not use the App.

These Terms apply to users in Australia, New Zealand, and Singapore. Jurisdiction-specific provisions are set out in the regional appendices (Sections A–C). In the event of any conflict between the main Terms and a regional appendix, the regional appendix prevails for users in that jurisdiction.

1. Definitions

"App" – the KidsFirst mobile application, website, and any related services.
"User", "you", or "your" – any individual who accesses or uses the App.
"User Content" – any data, text, messages, files, or other materials you submit, upload, or share through the App.
"Shared Content" – any User Content that you have voluntarily sent, shared, or made visible to a connected co-parent (e.g., messages, calendar events, shared files).
"Child" or "Children" – a person under 18 years old whose information is provided by a verified parent or guardian.
"Subscription" – access to paid or premium features, if introduced in the future.
"Protection Order" – any court order restricting contact or behaviour between persons, including but not limited to Apprehended Violence Orders (AVOs), Domestic Violence Orders (DVOs), Protection Orders, Restraining Orders, Peace Bonds, and equivalent orders in any jurisdiction.

2. Eligibility & Account Responsibility

You must be at least 18 years old to create an account and use the App. By using KidsFirst, you represent that:

you are a parent, guardian, or authorised carer with the legal right to manage information relating to the child or children referenced in the App;
where required by court order or law, you have the necessary authority or consent from any other parent or guardian; and
all information you provide is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

3. Use of the App & Safety

You agree to use KidsFirst only for lawful purposes and in a manner that does not infringe the rights of others.

3.1 Prohibited Conduct

You must not use the App to:

Harass or Threaten: Harass, threaten, or abuse another person, including your co-parent.
Abuse Staff: Abuse, threaten, or harass KidsFirst support staff. We have a zero-tolerance policy for abuse directed at our team and reserve the right to terminate accounts that violate this policy.
Mislead: Share false, defamatory, or misleading information.
Harm: Upload or transmit harmful, offensive, or malicious content.
Interfere: Attempt to interfere with the operation or security of the App.
Breach Orders: Use the App in any way that breaches a Protection Order or other court order applicable to you.

3.2 Domestic & Family Violence

We recognise that domestic and family violence includes any act resulting in, or likely to result in, physical, sexual, psychological, financial, or emotional harm, including threats, coercion, controlling behaviour, or arbitrary deprivation of liberty, whether occurring in public or private. Use of the App to perpetrate such acts is a material breach of these Terms and may result in immediate termination and referral to relevant authorities.

3.3 Compliance with Court Orders

If you are subject to a Family Court Order, Protection Order, or equivalent, you are solely responsible for ensuring your use of the App complies with that order.

KidsFirst is a communication tool, not a legal enforcement agency.
We are not responsible for any breach of court orders caused by your sharing of data (e.g., if you voluntarily share your location in a calendar event while a non-contact order is in place).

4. AI-Powered Features

The App utilises mandatory AI-assisted communication tools designed to sanitise conflict and support constructive co-parenting. By using the App, you acknowledge and agree that:

Automated Processing: AI will process your messages in real-time to identify and filter aggressive, abusive, or harmful language before delivery, and may rewrite such language while preserving meaning.
Mandatory Feature: This filtering is a fundamental part of the Service's safety design. It is always active and cannot be disabled. If you do not wish to have your messages processed by our AI safety layer, you must cease using the messaging features of the App.
No Significant Legal Effect: The AI does not make decisions about you that produce legal or similarly significant effects. It alters wording only; it does not deny services, change account status, or report users.
Human Review: You may request human review of how a specific message was processed by contacting privacy@kidsfirst.app.
Guidance Only: AI suggestions and processing are provided for guidance and safety only and do not constitute legal, medical, or professional advice.
Data Privacy: Message data is securely processed using Amazon Web Services (AWS Bedrock), within AWS infrastructure, solely for the purpose of the feature. We do not use your private messages to train AI models, and we do not permit our processors to do so. If we engage any additional AI provider in the future, we will update our Privacy & Disclaimer Statement and notify you before that change takes effect.
Consent to Processing: By sending a message through the App, you provide express consent for the message to be processed by automated systems. This includes consent under any applicable communications interception or recording laws in your jurisdiction.

For more details, see our Privacy & Disclaimer Statement.

5. Future Paid Features

The KidsFirst App is currently provided free of charge. We may introduce optional paid or premium features in the future.

5.1 Opt-In Requirement

If we introduce paid features, we will provide clear information about the features, applicable fees, currency, taxes, and payment terms in your jurisdiction. You will not be charged unless you actively opt in.

5.2 Payment Failure (Applicable to Future Subscriptions)

If you subscribe to any future paid features and your payment fails, your account may be downgraded to "Read-Only Mode." In this mode, you will retain access to view and export your existing history (to ensure you do not lose vital records), but you may be restricted from sending new messages or creating new events until payment is restored.

5.3 App Store Billing

Where you purchase features via Apple's App Store or Google Play, those transactions are subject to the platform's own billing terms in addition to these Terms.

6. User Content & Record Integrity

6.1 Ownership & Licence

You retain ownership of all User Content you upload or share through the App. By submitting User Content, you grant KidsFirst a non-exclusive, worldwide, royalty-free licence to use, store, process, and display that content only for the purpose of operating, securing, and improving the App.

6.2 Shared Content (The "Shared Record")

You acknowledge that a primary purpose of KidsFirst is to create a shared record of co-parenting.

Once you send a message, create a shared calendar event, or upload a shared file ("Shared Content"), a copy of that content is effectively licensed to the recipient (the co-parent) for their records.
You cannot unilaterally "delete" Shared Content from the co-parent's view once it has been sent, as this creates gaps in the co-parenting history.

6.3 Metadata & Safety

You are solely responsible for checking files for sensitive metadata before upload. While KidsFirst aims to strip metadata (such as GPS location) from images for safety, we cannot guarantee that all files will be effectively scrubbed. You should disable "Location Services" on your camera if you wish to keep your location strictly confidential.

6.4 Record Integrity & No Retroactive Alteration

You acknowledge that KidsFirst is designed to create an accurate, immutable record of communication.

AI Processing: You explicitly consent to our AI system filtering and rewriting abusive language before delivery, as part of the Service's core functionality.
No Retroactive Changes: Once a message (whether original or AI-filtered) has been delivered and logged in the system, we will not alter, edit, or delete it at a user's request, except where required by a valid Court Order served upon KidsFirst, or where local law gives you a non-excludable right to deletion that overrides this provision. This policy protects the integrity of the record for legal purposes.

7. Content Moderation & Removal

We may remove or restrict access to User Content that violates these Terms or applicable law. Where feasible, we will notify you and provide a mechanism to request review. We may retain removed content temporarily for legal or compliance reasons.

8. Termination & Data Retention

8.1 Account Deletion

You may delete your account and associated data at any time via in-app settings (Settings > Account & Security > Delete Account) or at kidsfirst.app/delete-account.

8.2 Survival of Shared Records

Upon termination:

Your private data (settings, drafts, unshared notes) will be deleted or de-identified.
Shared Content (messages you sent, shared calendar events) will remain visible to the connected co-parent. This preserves the continuity of care and the integrity of the co-parenting record.

You should export any data you wish to keep personal before termination.

8.3 Suspension or Termination by Us

We may suspend or terminate your account if you materially breach these Terms, including for harassment, abuse, or breach of a Protection Order. Where feasible we will give notice and an opportunity to respond, except where immediate action is necessary to protect safety.

9. Security

You must keep your account credentials secure and notify us promptly of any unauthorised use or suspected breach. We take reasonable steps to protect your information as described in our Privacy & Disclaimer Statement, but no internet service is completely secure.

10. Data Portability

You may request an export of your personal or shared data in a common format by contacting contact@kidsfirst.app. We may require verification and reasonable processing time (typically up to 30 days) to complete your request.

11. Consumer Rights & Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any rights you have under the consumer protection laws in your jurisdiction that cannot be excluded by contract. The applicable consumer protection regime for each jurisdiction is set out in the regional appendices below.

To the extent permitted by law:

Not Legal Evidence: KidsFirst provides record-keeping tools for convenience. We do not guarantee that our records, exports, or logs will be admissible in court or meet the strict evidentiary standards of all jurisdictions. You are responsible for verifying the admissibility of your records with your legal counsel.
Service Failure: For consumers, where local law applies a statutory remedy for service failure, our liability is limited to the remedies provided by that law (e.g., resupply of the services or refund of fees paid).
Liability Cap: Subject to non-excludable consumer rights, KidsFirst's total aggregate liability for any claim is limited to the greater of AUD $100 (or equivalent in your local currency) or the total amount you have paid to KidsFirst in the 12 months preceding the claim.
Indirect Loss: We are not liable for any indirect, consequential, special, or incidental loss arising from your use of the App, except where such exclusion is prohibited by law.

12. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless KidsFirst, its officers, employees, and agents from and against any claims, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

your breach of these Terms;
your violation of any Protection Order or court order;
your violation of applicable law; or
your User Content.

13. Dispute Resolution

If a dispute arises, please contact us first at contact@kidsfirst.app. We will attempt to resolve the issue in good faith within 30 days. If the matter remains unresolved, either party may agree to mediation before commencing court proceedings. Jurisdiction-specific dispute provisions are set out in the regional appendices.

14. Updates to These Terms

We may update these Terms from time to time to reflect changes in our services or legal obligations. Where changes are material, we will provide notice via email, in-app message, or website posting at least 14 days before the changes take effect, except where shorter notice is required by law. Your continued use of the App after notice constitutes acceptance of the updated Terms.

15. App Store Terms

Apple: You acknowledge that these Terms are between you and KidsFirst only, not Apple. Apple is not responsible for the App or its content. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Google: Use of the App is also subject to the Google Play Terms of Service.

16. General

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force.
Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Entire Agreement: These Terms (with the Privacy & Disclaimer Statement) constitute the entire agreement between you and us regarding the App.

17. Contact Us

Email: contact@kidsfirst.app
Privacy Officer: privacy@kidsfirst.app
Website: kidsfirst.app

Appendix A – Australia

A.1 Governing Law & Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales.

A.2 Consumer Rights

Nothing in these Terms excludes, restricts, or modifies any rights you have under the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) that cannot be excluded by contract. Where the ACL applies and a service fails to meet a consumer guarantee, our liability is limited to resupplying the services or paying the cost of having them resupplied (to the extent permitted by section 64A of the ACL).

A.3 Currency

References to dollar amounts in these Terms are in Australian Dollars (AUD).

Appendix B – New Zealand

B.1 Governing Law & Jurisdiction

For New Zealand users, these Terms are governed by the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the courts of New Zealand.

B.2 Consumer Rights

Nothing in these Terms excludes, restricts, or modifies any rights you have under the Consumer Guarantees Act 1993 (NZ), the Fair Trading Act 1986 (NZ), or other consumer protection laws of New Zealand that cannot be excluded by contract.

B.3 Currency

For New Zealand users, references to dollar amounts will be the equivalent in New Zealand Dollars (NZD) at the prevailing exchange rate at the time the relevant amount becomes payable.

Appendix C – Singapore

C.1 Governing Law & Jurisdiction

For Singapore users, these Terms are governed by the laws of Singapore, and you submit to the non-exclusive jurisdiction of the Singapore courts.

C.2 Consumer Rights

Nothing in these Terms excludes, restricts, or modifies any rights you have under the Consumer Protection (Fair Trading) Act 2003 (Singapore) or the Sale of Goods Act 1979 (Singapore) that cannot be excluded by contract.

C.3 Data Protection

Processing of your personal data is governed by the Personal Data Protection Act 2012 (PDPA) as described in our Privacy & Disclaimer Statement. Our Data Protection Officer is reachable at dpo@kidsfirst.app.

C.4 Currency

For Singapore users, references to dollar amounts will be the equivalent in Singapore Dollars (SGD) at the prevailing exchange rate at the time the relevant amount becomes payable.

Terms & Conditions.