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Terms of Services

Updated: October 2, 2024

I. ACCEPTANCE OF TERMS OF USE

Please read the following terms and conditions (“Terms of Use” or “Terms”) carefully before accessing the Mindmapper Application (“App”) provided by Kidvation Global, Inc (“Kidvation”). By using or accessing the App, or pledging to users of the App, you signify that you have read these Terms and agree to be bound by and comply with all terms and conditions contained herein, without modification. If you do not agree to these Terms of Use or the privacy policy included herein, you must immediately terminate your use of the App. Kidvation reserves the right to modify these terms at any time and will post an amended Terms of Use that is always accessible on the App. Kidvation reserves any rights not explicitly granted in these Terms of Use. Your continued use of the App following our posting of amended or new terms of use will constitute binding acceptance of the amended or new terms of use.

Someone using the App is referred to as “you”, “your”, or “supporter”. “You” also refers to the parent or guardian of a minor using the App. "Kid" or "child" means a user under the age of 13. "Parent" means a kid's parent or legal guardian.

II. WHO WE ARE

Kidvation is an online platform for supporting young entrepreneurs. Kidvation produces and holds events focused on innovative, engaging, and educational leadership-based curriculum for students. Kidvation also hosts young entrepreneurial “Projects” that can be supported financially. We [do/do not] charge a fee once a “Project’s” goal is met. The App is available, with parental consent, to individuals who are under the age of 18 years old.

III. KIDVATION OWNERSHIP OF ALL INTELLECTUAL PROPERTY

Kidvation maintains full ownership of its App and any and all other forms of intellectual property included on the App. Nothing in these Terms of Use, or the grant of the limited license herein, shall be construed as transferring any ownership, in full or in part, to you by your use of the App. The logo, name, code, data, program, and all graphics on the App belong to Kidvation; use, reproduction, copying, or redistribution, without the written permission of Kidvation is prohibited.

IV. KIDS PRIVACY POLICY

Children do not have to give us more information than reasonably necessary to use the App. Activities on our App include :

  • Children can create an account using their name, school name, and email address.
  • Students can sign in securely through their email and password.
  • The Kidvation homepage allows users to enter search prompts for product development and marketing.
  • API constraints are adjusted to ensure only appropriate content is accessible to children.
  • The answering system is tailored to match the selected topic, such as "develop" or "market".
  • Children can download the generated mind map as a PNG image for saving and future reference.
  • All generated mind maps are saved for users to maintain and access later.
  • Users can utilize the full-screen mode, zoom in and out, and the re-centering tool for easy navigation of mind maps.

Information Kids May Submit

Email addresses: To use the interactive features of the App, a child picks an anonymous user name from a list and creates a password. Children are not required to submit an email address to use the App, but some features are only available if a child provides an email address (such as community tools), and some features may be enhanced if the child submits an email address (such as AI tool).

If a child chooses to submit an email address, we send the child one email to confirm receipt. Then we hash the email address (that is, we change it into a series of values instead of text). After that, the email address is used only to help the child retrieve or re-set their account, using the same hashing process to match the hashed email address against our records. If the child’s account is found, we send instructions in a one-time email to the matched address.

Email addresses may also be collected for customer service or for parental consent or notification.

Date of birth: We may collect birth date from children for purposes of age-screening. We do not keep birth date after the age-screening process.

Information We Collect Automatically

When children use the App, certain information may be collected automatically. We use this information to maintain, secure, analyze and improve the App.

Information we collect automatically includes:

  • Internet protocol (IP) address – a string of numbers assigned to a computer when it connects to the internet.
  • General geolocation information (derived from IP address and no more specific than zip code).
  • Navigation information – what users do on our Site, sometimes the website they came from.
  • General systems, browser, domain and internet service provider information.

The technology used to automatically collect this information includes:

  • Cookies: Cookies are small data files sent by the App to be saved on a user's computer or device. Cookies can help us recognize a user and save their preferences for when they return to the App, and also help with age-screening tools.
  • Local storage: Local storage or local shared objects, such as Unity 3D WebGL Cache, may be stored on a computer or device through a media player or other software installed on that computer or device. Local storage and local shared objects help us recognize users when they come back. They are often used in activities like games, to store scores or progress.
  • Pixel tags: A pixel tag (also known as a "clear GIF" or "web beacon") is a tiny image that can be placed on a Web page or in emails to users, to tell us when a user has displayed that page or opened those emails.

These tools may allow us to assign a unique number to our child users, but this number will not be used to track child users across different unaffiliated web sites or applications.

Most browsers and apps can be set to detect or reject browser cookies. You may be able to change settings in your device or browser to reject local storage or local shared objects. Some parts of the App may be harder to use or may not work at all if cookies, local storage or local shared objects are rejected.

For more information about cookies, visit this website.

How We Use Kids’ Personal Information

We may use and disclose Kids’ Personal Information:

  1. To provide our services to a child (such as the activities or projects your child would like to participate in);
  2. To comply with the law or legal process (such as when we use Kids’ Personal Information for record-keeping to satisfy legal and compliance obligations);
  3. In accordance with valid consent (where a parent has provided consent for their child); and
  4. As necessary for business interests (such as when we collect and use a child's data in support of internal operations, taking into account the impact on the child's privacy, or for security purposes).

Service Providers

We use service providers to help us run the App. Our service providers can only use Kids’ Personal Information to do the tasks we hire them to do, in the ways we allow them to, such as enabling registration, maintaining accounts, fulfilling account requests, and customer service. Our service providers cannot use Kids’ Personal Information for any other reason, and we require them to maintain the confidentiality, security and integrity of Kids’ Personal Information.

Behaviorally Targeted Advertising

The App does not track Kids to serve them behaviorally targeted advertisements (also known as retargeting or online behavioral advertising), or to allow others to do so.

Special Circumstances for Information Disclosure

We reserve the right to disclose information, including Kids’ Personal Information, collected from a child:

  • As permitted or required by applicable law, such as to maintain the safety and integrity of a App; to enforce terms of use; to protect the child or our or others' rights, property or safety; to take precautions against other liability; or when we believe release is required to comply with federal, state or local law (such as cooperating with a judicial process or law enforcement investigation).
  • In connection with a corporate change or dissolution, including for example a merger, acquisition, reorganization, consolidation, bankruptcy, liquidation, sale of assets, wind-down of business or related due diligence. To the extent required by law, we will get parental consent before disclosing children's Kids’ Personal Information under such circumstances, and will obtain the agreement of any applicable third party to maintain the confidentiality, security and integrity of that Kids’ Personal Information.

Security

The App maintains reasonable technical and organizational standards to help ensure that Kids’ Personal Information is secure, including encryption. However, no Internet site or service can guarantee 100% security, so it is possible that someone could unlawfully access Kids’ Personal Information despite our efforts.

Parental Consent

When we knowingly collect Kids’ Personal Information from a child, we ask the child's parent for consent before we collect it, unless the collection and/or use falls within an exception under COPPA, such as where we use an email address to respond directly to a one-time request from the child or for password retrieval or reset. We let parents know about such collection as required or permitted by law.

When prior parental consent is required, we ask for it in ways allowed by COPPA. For example, if Kids’ Personal Information will be used only by us, we may ask for the parent's consent by email. While we do not currently, and do not expect to, use Kids’ Personal Information in this manner, if Kids’ Personal Information would be disclosed on the App or disclosed to a third party besides a service provider, we would obtain a consent from the parent as required by law, such as by a form to be returned via U.S. mail or electronic scan, or consent obtained in connection with a credit card purchase.

Parental Choices and Controls

If you are a parent of one of our child users, you can ask us to:

  • Allow you to review your child’s Kids’ Personal Information
  • Deactivate your child's App account
  • Revoke any consent you have given for your child
  • Delete Kids’ Personal Information your child has given us
  • Stop collecting Kids’ Personal Information from your child

App or our policies or practices regarding the collection, use, or disclosure of Kids’ Personal Information, you may contact us at:

Address: PO Box 863, Mustang, OK, United States, 73064

Mail us: info@kidvationglobal.com

We may require additional information to identify your child’s account or to verify your identity and relationship with the child.

Retention and Deletion

If we do collect Kids’ Personal Information, we keep that information for the time we determine is necessary to perform the task for which we collected it, unless otherwise requested by a child’s parent. We reserve the right to keep certain information necessary for record-keeping to the extent permitted and/or required by law, including any statutory retention requirements. When deleted, Kids’ Personal Information is deleted securely. In some cases we may de-identify Kids’ Personal Information instead of deleting it.

Other Web Sites, Apps and Services

The App may contain links to third party web sites, apps, or other online services that we consider appropriate. We do not operate those other sites, and the privacy policies found on those sites (not this Scholastic Kids Privacy Policy) cover the collection and use of information there.

We recommend reading the privacy policies of each web site visited after leaving the App, to learn about how information is treated by others.

We encourage parents and teachers to talk with their children and students about how to be safe online. For more information on protecting your child online, please visit OnGuard Online.

Changes to this Privacy Policy

This privacy policy may be changed. For material changes, we will try to notify parents of child users in any way the law allows. We may also post notice on the App when changes are made, unless otherwise required by applicable law.

V. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

This Supplemental Notice for California Residents (“Notice”) is information we are required to provide you under the California Consumer Privacy Act (“CCPA”). This Notice applies solely to residents of California and applies to personal information (as defined in the CCPA) from or about Kids collected through the App (“Personal Information”).

In the past 12 months, we have collected the following Personal Information from or about children through the App (“Kids’ Personal Information”):

  • Identifiers: such as email address, username, IP address, and cookie IDs.
  • Internet or other electronic network activity information: such as the “Information We Collect Automatically,” as described above.
  • Location Information: general geolocation data (such as zip code-level location inferred from IP address).
  • Information that children may post or otherwise provide to the App.

In the past 12 months, we have collected and disclosed the above categories of Kids’ Personal Information for our business purposes such as:

  • To provide our services;
  • To enable a service provider to provide us with its services;
  • To maintain the safety and integrity of the App, and to protect the rights, property, or safety of a child, ourselves, or others;
  • To comply with applicable law and legal process; and
  • In accordance with valid consent.

We do not “sell” Kids’ Personal Information or “share” Kids’ Personal Information collected through the App, as these terms are defined in the CCPA, and we have not done so within the past 12 months.

California residents have certain rights. A parent can request on their child’s behalf that we:

  • Provide the categories of Kids’ Personal Information we have collected or disclosed about the child in the last 12 months, the categories of sources of such information, the business or commercial purpose for collecting such information, and the categories of third parties to which we disclosed such information (most of which is already provided above);
  • Provide access to and/or a copy of certain Kids’ Personal Information;
  • Delete certain Kids’ Personal Information; and
  • Correct inaccurate Kids’ Personal Information.

As noted above, we do not “sell” or “share” (as defined in the CCPA) Kids’ Personal Information.

California residents may have the right to receive information about any financial incentives we offer, and the right not to be discriminated against (as provided under California law) for exercising the rights above.

In addition, if you are under 18, and a registered user of the App, you may ask us to remove content or information that you have posted to the App by writing to kidsonline@scholastic.com. Please include a description of the content you would like removed, and if possible, the URL for the site and the name of the feature where the content was posted. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

These rights are subject to limitations and exceptions. If you ask to exercise one of these rights, you (or your Parent, as the case may be) may need to verify your identity before we can fulfill your request. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you (and, if you are a minor, your Parent), for the agent to act on your behalf. You will still need to verify your identity directly with us.

To exercise these rights, please contact us using one of the methods above in the section titled “Parental Choices and Controls.”

"Shine the Light" Disclosure.The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share children’s personal information with third parties for their own direct marketing purposes.

VI. DATA PROCESSING IN THE UNITED STATES

Information provided to or collected by us on the App is transmitted to us and processed in the United States and other countries, either by us or our service providers on our behalf, and will be protected subject to this Privacy Policy and applicable laws, which may not be as protective as the laws in other countries.

VII. YOUR OBLIGATIONS

A. General Representation and Warranty

You represent and warrant that (i) your use of the App will be in strict accordance with these Terms of Use, including the privacy policy included herein, and with all applicable laws and regulations, and that (ii) your use of the App will not infringe or misappropriate the intellectual property rights of any third party. You understand that your use of Kidvation’s App is solely at your own risk and is subject to all applicable laws, regulations, and ordinances.You warrant that you will abide by, without limitation, all applicable local, state, national, and international laws, and regulations with respect to your use of the App and that you will not interfere with the use and enjoyment of the App by other users or with App’s operation and Kidvation’s management of the App. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights.You must, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the App, including, without limitation, information required to be provided through an online Kidvation registration form. If any false, inaccurate, untrue, unauthorized, or incomplete information is submitted by you, Kidvation reserves the right to terminate your access and use of the App. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the App, or defame or otherwise harm any party through your use of the App. Unless expressly required by law, you understand that Kidvation does not guarantee the confidentiality or security of any communication to or from the Kidvation App or other forms of communication.

B. User-Generated Content on App.

Kidvation retains the right to remove any content you may post on the Kidvation App for any reason, including but not limited to, “pledges” or comments that Kidvation, in its sole discretion, deem threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. Kidvation also retains the right to ban or block a user from posting or commenting on Kidvation’s App without notice as it deems necessary and in its sole discretion.

VIII. Kidvation DISCLAIMERS

A. Disclaimer of Warranties

Kidvation provides its App on an “AS IS” basis. Kidvation and its officers, directors, employees, owners, members, suppliers, and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement, or any implied warranties arising from course of dealing or performance. Kidvation does not make any warranty, either express or implied, that the App will be uninterrupted, secure, or error free. You understand and acknowledge that your use of the App is done so at your own discretion and risk, and that Kidvation is not responsible for any data corruption, technical difficulties, or interruptions. User will be solely responsible for any damage resulting from such use of the App downloaded from the App.

B. Third-Party Services and Apps

Kidvation utilizes third-party services to operate and enhance Kidvation’s App experience through features operating in the background of the App. Although Kidvation performs due diligence and uses reasonable efforts to select third-party service providers who align with Kidvation’s mission and values, Kidvation has no control over and assumes no responsibility for the services provided to Kidvation by any third-party. Further, Kidvation’s App provided may contain links to other Apps and utilize third-party services that are not operated by Kidvation. If you click on a third-party link, you will be directed to that third party’s App. Kidvation has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party Apps or services. Kidvation has used reasonable efforts to verify the authenticity of third-party links and the products the links provide, but Kidvation is not responsible for a third-party’s provided link or the products the links provide. In no event will Kidvation be liable for the acts, omissions, products or services of any third-party licensors, contractors, outsourcers, or other vendors (including a failure to provide or perform such services).

C. Indemnification

You agree to defend, indemnify, and hold harmless Kidvation and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Kidvation Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with

  1. Your access to, use of, or alleged use of the App;
  2. Your violation of these Terms of Use or any representation, warranty, or agreements referenced herein, or any applicable law or regulation;
  3. your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or
  4. any disputes or issues between you and any third party concerning the App.

Kidvation reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with the defense of such claim.

D. Limitation of Liability

TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL KIDVATION BE LIABLE TO YOU FOR ANY PERSONAL INJURY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS TO KIDVATION’S APP OR RESOURCES.

IX. MISCELLANEOUS

A. Changes to the Terms of Use

Kidvation reserves the right to revise these Terms of Use or its App at any time in its sole discretion. Your use of the App signifies your acceptance of all terms and conditions contained in the Terms of Use that are posted on the App at the time of your use. The Effective Date will be posted with the most current Terms of Use. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use. You are responsible for regularly reviewing the Terms of Use posted on Kidvation’s App.

B. Violations of Terms of Use

If we do not immediately take action to address a violation of these Terms of Use, Kidvation is not waiving our rights to take action in the future.

C. Severability and Waiver

If any particular provision of these Terms of Use is found to be unenforceable, that provision will be severable and will not affect any of the other provisions. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

D. Support

Your purchase of a license for a Resource or subscription/membership includes access to email support to Kidvation which allows you to request Kidvation assistance by email at contact@manueveringthemiddle.com at any time. Kidvation makes reasonable efforts to respond to all requests within two (2) business days.

E. Jurisdiction

The App is owned and operated by Kidvation from our offices in Oklahoma. Your use of the App and any related legal action that may arise in connection with the foregoing, will be governed by the laws of the State of Oklahoma, without regard to conflict of laws principles. The sole jurisdiction for any litigation arising out of your use of or inquiries to the App will be an appropriate federal or state court located in Oklahoma County, Oklahoma.

F. Dispute Resolution

In the interest of resolving disputes in the most expedient and cost-effective manner, you and Kidvation agree that any and all disputes arising in connection with these Terms of Use shall be resolved by binding confidential arbitration. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ACCESSING THE APP, YOU AND Kidvation ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

G. Copyright Complaints

Kidvation respects the intellectual property rights of others. If for any reason you believe your intellectual property has been used or violated on the App, you may send a written notification, containing all of the information required under 17 U.S.C. §512(c)(3),to our Designated Copyright Agent at here regarding the issue.