Terms of Service

Short version (DRAFT — pending legal review; not yet in force)

• Kidbys is a gallery and marketplace for children's original art. Only adults (18+) can hold an account. Children take part through a child profile that their parent or guardian creates and controls.
• A parent or guardian on Kidbys is called an Agent. Agents publish their child's art, set any sale terms, ship sold originals, and receive payouts. Buyers are called Collectors.
• Everything that reaches the public gallery is screened first, and a person reviews anything flagged, reported or appealed.
• The child keeps the copyright in their art. The Agent gives Kidbys a limited licence to show it, and only grants print rights if they choose to.
• Some features depend on your country, and some are not live yet. During the beta no real money changes hands.
• If something goes wrong, contact us first at [email protected]. If you live in the EU or UK, your local consumer protections always still apply.

Effective date: EFFECTIVE DATE

1. Who we are and what these Terms cover

Kidbys (the "Service") is operated by LEGAL ENTITY NAME, a ENTITY TYPE — corporation or LLC registered in the State of Delaware, USA, with its registered address at REGISTERED ADDRESS ("Kidbys", "we", "us"). Full company details are on our Legal notice page.

These Terms of Service ("Terms") are a binding agreement between you and Kidbys. They apply to the Kidbys mobile app, the website at kidbys.com, and any related service that links to these Terms.

These Terms work together with the following documents. Each one forms part of your agreement with us:

If one of those documents conflicts with these Terms on its specific subject, that document wins for that subject.

2. Roles on Kidbys

Kidbys has three kinds of participant:

• Artist — a child whose art appears on Kidbys. An Artist is a child profile, not an account. An Artist never enters into this agreement, never pays or gets paid, and never sees prices, bids, buyers or other families' money. An Artist can see their own art, encouragement, badges, Goals and their own Piggy Bank.
• Agent — a parent or legal guardian, aged 18 or over, who creates and manages one or more Artist profiles. The Agent is the account holder, the publisher and the seller. The Agent holds the child profile in custody on the child's behalf.
• Collector — an adult, aged 18 or over, who browses the gallery, sends Sparks, follows artists, requests prices, bids in auctions and buys prints.

An Agent can also do everything a Collector can do for art outside their own family. An Agent cannot bid on, buy, or send Sparks in ways that game their own family's sales.

3. Eligibility

3.1 Adults only

You must be at least 18 years old (or the age of majority where you live, if higher) to create an account. We ask for your date of birth when you sign up and refuse registration if you are under 18. We use your date of birth only for that check and record that the check passed.

3.2 Country availability

Kidbys is opening country by country. Whether you can register, create a child profile, sell, buy, or receive payouts depends on the country you tell us you live in. Today the planned initial scope is: SUPPORTED COUNTRIES AND CAPABILITIES — confirm before launch. We will show you clearly in the app when a feature is not available where you live. You must give us your true country of residence and update it if you move.

3.3 Who cannot use Kidbys

You may not use Kidbys if you have been barred from it before, if you are legally prohibited from receiving the Service, or if you appear on a government sanctions list.

4. Your account

• Give accurate information and keep it up to date.
• Keep your password, sign-in method and devices secure. You are responsible for activity on your account.
• One person, one account. Do not share, sell or transfer your account.
• Tell us straight away at [email protected] if you think someone else has accessed your account.
• You can sign in with email and password, or with Sign in with Apple or Google where offered.

Some actions, such as exporting your data, deleting your account, or transferring custody of a child profile, ask you to re-confirm your identity first. This protects you and your family.

5. Child profiles and Agent responsibilities

5.1 Creating a child profile

Only a verified Agent can create a child profile, and only for a child they are a parent or legal guardian of, or otherwise have the legal authority to act for. Creating a profile and publishing art requires the steps in our Parental Consent & Agent Verification statement, including identity verification and your consent on the child's behalf.

5.2 What a child can do

With a picture-code sign-in that you set up on a device you choose, your child can open their own Artist area, add private draft artwork, and see their own art, badges, Goals and Piggy Bank. A child cannot publish, sell, message other users, enter personal information, or see money other than their own Piggy Bank. You can revoke a device or reset the picture code at any time.

5.3 Your responsibilities as an Agent

As an Agent you agree that:

1. You have the legal authority to act for each child whose profile you manage, and you will tell us promptly if that changes (for example after a change in custody).
2. You have obtained, and will respect, any consent required from any other person with parental responsibility where your local law requires it.
3. The art you publish was made by the child it is attributed to, and you have the right to publish it and, if you choose, to sell it and license prints of it.
4. You will supervise your child's use of Kidbys in a way that suits their age.
5. You will not include your child's legal name, school, address, location, contact details or other identifying information in titles, descriptions or images. Public profiles show only a display name and, where enabled, an approximate age band.
6. You will follow our Community Guidelines and Child Safety Standards.
7. Where local law governs how a child's earnings or property must be held or used, you are responsible for following it.

Making a false statement about your identity or your authority over a child is a serious breach of these Terms and may be reported to the authorities.

5.4 Custody transfers and disputes

You can propose to transfer custody of a child profile to another verified Agent from the app. The other Agent must accept within the time shown. If two adults disagree about who has authority over a child profile, we may freeze publishing, sales and payouts for that profile while we review the situation, and we may ask for documents. We do not decide family law disputes; we act on court orders and other evidence we reasonably consider reliable.

5.5 When a child grows up

AGE-UP POLICY — what happens when an Artist turns 18 (or the maximum Artist age): profile handover, archiving, or deletion. Not yet designed; counsel to decide.

6. Content on Kidbys

6.1 Ownership

The child who made a piece of art keeps the copyright in it. Kidbys does not claim ownership of any art. Details are in our Copyright & IP Policy.

6.2 Licence you give Kidbys

When you upload art or other content, you (as Agent, on your own behalf and on behalf of the child) grant Kidbys a worldwide, non-exclusive, royalty-free licence to host, store, process, screen, reproduce, resize, and display that content, for the purposes of running, securing, moderating and promoting the Service. This includes showing published art in the gallery, on the child's public page, in notifications to followers, and in Kidbys' own marketing of the Service.

This licence ends when you unpublish or delete the content, except for: copies we must keep for a legal, safety or dispute reason (see our Privacy Policy); and certificate, order and audit records about a completed sale.

Print and merchandise rights are separate. Kidbys may only make prints or merchandise of an artwork if you switch on the reproduction licence for that artwork. That licence is described in the Marketplace Terms and you can switch it off for future orders at any time.

6.3 Moderation

All uploads are screened by automated systems before they can become public. Content flagged by those systems, content reported by users, and every appeal is reviewed by a trained person. We may decline, remove, or limit content or accounts that break these Terms or our Community Guidelines. When we do, we tell the Agent what we did, why, and how to appeal. We never send rejection details to a child.

6.4 Your feedback

If you send us ideas or suggestions, we may use them without owing you anything.

7. Sparks, Goals and the Piggy Bank

Sparks are units of applause that adults can send to an artwork. Some Sparks are allocated to the child's Piggy Bank. Sparks are not money, a bank account or a deposit. Full rules, including what happens during the beta, are in our Sparks & Virtual Items Terms.

8. Buying and selling

Sales of original artwork (by auction or fixed price), price requests, prints and merchandise, fees, shipping, held sale proceeds, payouts, disputes and chargebacks are governed by the Marketplace Terms. Refunds and returns are covered in Refunds, Returns & Shipping.

Payments are processed by our payment providers, currently planned to be Stripe. Kidbys does not hold a cash balance for you. Payouts go only to the verified Agent's own payout account and never to a child.

9. Subscriptions

Kidbys plans to offer paid subscriptions, such as an Agent subscription (publishing and family tools) and Collector Pro (additional discovery features for adults). Prices, features and billing terms are shown before you subscribe.

• Subscriptions bought through the Apple App Store or Google Play are billed, renewed, managed and refunded by Apple or Google under their terms. You can cancel in your device's subscription settings.
• Subscriptions bought on our website are billed by us through Stripe and renew automatically until you cancel. You can cancel at any time, effective at the end of the current period.

Collector Pro features are for adults only and never change what a child sees.

10. Rules of conduct

You must not:

• harm, exploit, groom, threaten or harass anyone, especially a child;
• try to contact a child, or obtain a child's identity or location, through Kidbys;
• upload anything that breaks our Community Guidelines or Child Safety Standards;
• upload art that was not made by the attributed child, or that infringes anyone else's rights;
• manipulate auctions (shill bidding, bidding on your own family's art, collusion) or Sparks (farming, scripted tapping, refund abuse);
• take a sale or payment off Kidbys to avoid fees or protections;
• scrape, copy or bulk-download content, or train AI models on content from Kidbys;
• reverse engineer, overload, probe or bypass our security, rate limits, verification or moderation;
• impersonate anyone, including Kidbys staff;
• use Kidbys for any unlawful purpose.

11. Suspension and termination

You can stop using Kidbys and delete your account at any time. See How to delete your account.

We may suspend or end your access, remove content, freeze sales or payouts, or limit features if we reasonably believe you have broken these Terms, the law, or put a child or other user at risk, or if we are required to by law. Where it is safe and lawful, we will tell you why and how to appeal (see our DSA information page). Suspensions can be appealed and are always decided by a person.

If we end your account, obligations that by their nature should survive (such as payment for completed purchases, money owed, licences for completed sales, and Sections 13 to 16) survive.

12. Changes to the Service and to these Terms

Kidbys is new and will change. We may add, change or remove features. If we make a material change to these Terms, we will tell you in the app or by email at least NOTICE PERIOD — e.g. 30 days before it takes effect, unless the change is needed sooner for legal or safety reasons. Where required, we will ask you to accept the new version before you continue; the app records which version you accepted. If you do not agree, you can delete your account before the change takes effect.

13. Disclaimers

We work hard to keep Kidbys safe and available, but we provide it "as is" and "as available". To the extent the law allows, we do not promise that the Service will be uninterrupted or error-free, that any artwork will sell, or that any price will be reached. A Kidbys provenance certificate, when issued, records the sale history held by Kidbys; it is not a valuation or an independent authentication.

Nothing in these Terms limits any rights you have as a consumer that cannot legally be limited.

14. Limitation of liability

To the extent the law allows, Kidbys is not liable for indirect or consequential losses, lost profits, or loss of data, and our total liability to you for any claim is limited to the greater of (a) the amount you paid to Kidbys in the 12 months before the claim and (b) LIABILITY CAP AMOUNT — e.g. USD 100.

These limits do not apply to liability that cannot be limited by law, including liability for death or personal injury caused by negligence, fraud, or, for EU and UK consumers, breach of mandatory statutory rights.

15. Indemnity

If you are a business, or to the extent allowed for consumers where you live, you agree to cover Kidbys for reasonable losses and costs arising from your breach of these Terms, your content, or your false statements about identity or authority over a child.

16. Governing law and disputes

16.1 Talk to us first

Most problems can be solved quickly. Please contact [email protected] (or [email protected] for formal notices) and give us 30 days to try to resolve it.

16.2 Governing law

These Terms are governed by the laws of GOVERNING LAW — e.g. the State of Delaware, USA, without regard to conflict-of-laws rules.

16.3 If you live in the United States

16.4 If you live in the EU, EEA, UK or Switzerland

If you are a consumer, you keep the protection of the mandatory laws of the country where you live, and you may bring a claim in the courts of that country. Nothing in Section 16.2 or 16.3 takes that away. The European Commission's online dispute resolution platform was discontinued in July 2025; if you have a complaint about a moderation decision, see our DSA information page for out-of-court options.

16.5 Everyone else

Any dispute will be decided by the courts of VENUE / COURTS, unless the mandatory law of your country says otherwise.

17. General

• These Terms, and the documents listed in Section 1, are the whole agreement between you and Kidbys about the Service.
• If any part is found unenforceable, the rest stays in force.
• If we do not enforce a right straight away, we have not given it up.
• You may not transfer your rights under these Terms. We may transfer ours to a company that takes over the Service, and we will tell you if that happens.
• These Terms are written in English. Translations are for convenience; where the law allows, the English version prevails.

18. Contact

• General support: [email protected]
• Legal notices: [email protected], or by post to REGISTERED ADDRESS
• Privacy: [email protected]
• Child safety (urgent): [email protected]
• EU Digital Services Act contact point: [email protected]
• Copyright: [email protected]