Terms of Service
Please read these Terms of Service ("Terms") carefully before using the CallYourKid platform ("Service," "we," "us," or "our") operated at callyourkid.com. By creating an account, making a payment, or participating in any call facilitated by the Service, you ("User," "you") agree to be bound by these Terms in full. If you do not agree, do not use the Service.
1. Description of Service
CallYourKid is a technology platform that facilitates structured, recorded telephone communication between parties under court-ordered or voluntary supervised contact arrangements, primarily involving minor children. The Service provides telephony infrastructure, session scheduling, call recording, session transcription, safety screening, and supervisor oversight tools.
CallYourKid is a communications technology platform. We are not a licensed social work agency, family counseling service, or legal services provider, and we are not a substitute for court-ordered professional supervision. Our Service is intended to supplement, not replace, professional supervised visitation programs or legal counsel.
2. Geographic Restriction -- Colorado Only
The Service is currently available exclusively to residents of the State of Colorado and to parties whose court-ordered or voluntary supervised contact arrangements are governed by Colorado law or administered through Colorado courts. We do not offer the Service in any other state or jurisdiction at this time.
By creating an account, you represent and warrant that you are a Colorado resident or that the supervised contact arrangement for which you are using the Service is subject to Colorado jurisdiction. If you are not a Colorado resident or your arrangement is governed by another state's law, you are not authorized to use the Service and must not create an account. We reserve the right to terminate any account we determine falls outside our service area.
We make no representation that the Service is appropriate, compliant, or legally sufficient in any jurisdiction other than Colorado. Future expansion to other states will be announced on our website.
3. Eligibility and Account Registration
You must be at least 18 years of age to create an account. By registering, you represent and warrant that:
- All information you provide is accurate, current, and complete.
- You are a Colorado resident or your supervised contact arrangement is subject to Colorado jurisdiction (see Section 2).
- You have the legal right and authority to enter into these Terms.
- Your use of the Service does not violate any court order, protective order, or applicable law.
- You will maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access.
We reserve the right to refuse, suspend, or terminate any account at our sole discretion, with or without cause and with or without notice.
4. Recording and Monitoring Consent
4a. Call Recording
All calls conducted through the Service are recorded in their entirety. Recordings may be retained for up to twenty-four (24) months or longer if required by active legal proceedings. Recordings may be accessed by supervisors, reviewed for safety purposes, and provided to courts, attorneys, or law enforcement upon receipt of a valid legal request.
4b. Real-Time Safety Monitoring
Calls facilitated through the Service are subject to real-time monitoring, which may include both human supervision and automated screening systems. Automated systems analyze call content in real time to assist in identifying potential safety concerns. These systems operate as a supplementary tool only and do not constitute a guarantee that all concerning content will be identified, flagged, or acted upon in any particular timeframe or manner. See Section 4 for the full disclaimer regarding automated systems.
4c. Transcription
Calls may be automatically transcribed. Transcriptions are generated using automated speech recognition technology and may contain errors or inaccuracies. Transcripts are stored securely and may be made available to supervisors, authorized account holders, legal professionals, or courts upon valid request.
4d. Supervisor Access
A human supervisor may join any live call in a monitoring capacity at any time without prior notice. The supervisor may monitor the call without being audible to other participants. This capability exists solely for safety oversight purposes.
4e. Notice to Participants
Account holders are solely responsible for ensuring that all parties joining a call are informed prior to the call commencing that the call will be recorded and monitored. Failure to provide this notice does not void the consent to recording and monitoring established by these Terms.
5. Automated Safety Systems - Limitations and Disclaimer
6. Automated Technology -- Express Assumption of Risk and Release
PLEASE READ THIS SECTION CAREFULLY. BY USING THE SERVICE, YOU ARE EXPRESSLY ASSUMING ALL RISK ASSOCIATED WITH THE USE OF AUTOMATED TECHNOLOGY IN CONNECTION WITH CALL MONITORING AND SAFETY SCREENING.
6a. Nature of Automated Systems
The Service incorporates automated technology tools that assist human supervisors in screening call content for potential safety concerns. These tools are supplemental aids only. They do not operate with human judgment, do not guarantee accuracy, and are not a replacement for licensed, credentialed, in-person supervision professionals. The presence of automated tools in the Service does not create a heightened duty of care or a warranty that all safety risks will be detected or mitigated.
6b. Known Limitations
You acknowledge that automated monitoring and screening tools have inherent technical limitations, including but not limited to: delays in processing and alerting; failure to detect sarcasm, context-dependent language, or implied threats; speech recognition errors that may cause content to be missed or misclassified; connectivity or infrastructure interruptions; and the inability to respond physically to any situation. You accept these limitations as a condition of using the Service.
6c. Express Release of Claims
In consideration of your access to and use of the Service, you hereby expressly and irrevocably release, waive, and discharge CallYourKid and its officers, directors, employees, agents, contractors, licensors, and technology partners (collectively, "Released Parties") from any and all claims, demands, causes of action, losses, liabilities, and damages of any kind -- whether known or unknown, foreseen or unforeseen -- arising out of or in any way connected with: (i) the operation, performance, or failure of any automated monitoring or screening system; (ii) any delay, omission, inaccuracy, or failure of automated systems to detect, flag, or respond to any call content; (iii) any harm to a person that automated systems failed to prevent; or (iv) any decision made or not made based on automated system output. This release applies to claims sounding in negligence, gross negligence, breach of contract, breach of warranty, products liability, and any other legal theory.
6d. Acknowledgment
BY COMPLETING ACCOUNT REGISTRATION AND PAYING THE SUBSCRIPTION FEE, YOU ACKNOWLEDGE THAT: (A) YOU HAVE READ AND UNDERSTOOD THIS SECTION; (B) YOU ACCEPT ALL RISKS ASSOCIATED WITH THE USE OF AUTOMATED TECHNOLOGY IN CALL MONITORING; (C) YOU ARE NOT RELYING ON AUTOMATED SYSTEMS AS YOUR SOLE SAFEGUARD; AND (D) YOU HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE AGREEING TO THESE TERMS.
7. Payment Terms
7a. Subscription Fee
Access to the Service requires payment of a monthly subscription fee of $5.00 USD per month ("Subscription Fee"). The Subscription Fee is billed automatically on the same calendar date each month, beginning on the date your subscription is activated.
7b. Payment Processing
All payments are processed by Stripe, Inc., a third-party payment processor. By providing payment information, you authorize us to charge your designated payment method for all applicable fees on a recurring basis until you cancel. Your payment information is stored and processed by Stripe and is subject to Stripe's privacy policy and terms of service.
7c. Failed Payments and Service Suspension
If your payment method fails on a renewal date, your access to the Service may be suspended immediately or after a brief grace period at our discretion. You remain responsible for any outstanding balance. Continued access to session recordings during a suspension period is not guaranteed.
7d. Cancellation
You may cancel your subscription at any time by contacting us at [email protected]. Cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for partial months of service.
7e. No Refunds
All fees paid are non-refundable except as required by applicable law. If we terminate your account without cause, we will provide a prorated refund for any unused portion of your current billing period at our sole discretion.
7f. Price Changes
We reserve the right to change our pricing at any time. We will provide at least 30 days' written notice of any price increase via email to your registered address. Continued use of the Service after the new pricing takes effect constitutes your acceptance of the change.
8. Prohibited Uses
You agree not to use the Service to:
- Violate any applicable local, state, federal, or international law or regulation.
- Violate, circumvent, or act inconsistently with any court order, custody agreement, protective order, or parenting plan.
- Harass, threaten, intimidate, abuse, or harm any person, including any minor participant.
- Arrange unsupervised contact with a minor in violation of any court order or agreement.
- Solicit or share personal contact information, home addresses, school information, or location data in violation of any court order or for the purpose of circumventing supervised contact requirements.
- Transmit any obscene, sexually explicit, or otherwise unlawful content, particularly content involving a minor.
- Interfere with or disrupt the Service infrastructure, servers, or networks.
- Attempt to access another user's account or any non-public portion of the Service.
- Record, copy, or redistribute any call recording, transcript, or session data without authorization.
Violation of this section may result in immediate account termination without refund, referral to appropriate authorities, and civil or criminal liability.
9. Responsibilities Regarding Minors
Account holders who schedule sessions involving minor children represent and warrant that they have the legal right to include the minor in calls facilitated through the Service, whether as a custodial parent, legal guardian, or as authorized by a court order. Account holders accept full responsibility for ensuring that any minor's participation is lawful, appropriate, and authorized.
CallYourKid does not independently verify custody status, court orders, or parental rights. We are not liable for any harm arising from a user's misrepresentation of their legal authority to include a minor in a session.
10. Third-Party Services
The Service relies on third-party technology providers including, but not limited to, Twilio (telephony and recording infrastructure), Stripe (payment processing), and cloud infrastructure providers (data storage and computing). Your use of the Service is also subject to the applicable terms and privacy policies of these providers. CallYourKid is not responsible for the practices, actions, or failures of third-party service providers.
11. Disclaimers of Warranties
12. Limitation of Liability
13. Indemnification
You agree to indemnify, defend, and hold harmless CallYourKid and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use or misuse of the Service; (c) your violation of any applicable law, regulation, or court order; (d) your infringement of any third-party right, including intellectual property or privacy rights; or (e) any harm to any participant, including a minor, arising from sessions you schedule, participate in, or facilitate through the Service.
14. Dispute Resolution and Arbitration
14a. Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY -- IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including questions about the existence, validity, or termination of these Terms, shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English in the State of Florida. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
14b. Class Action Waiver
YOU AND CALLYOURKID EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
14c. Small Claims Exception
Either party may bring an individual claim in small claims court if the claim qualifies under the applicable rules of that court and remains solely within that court's jurisdiction.
14d. Opt-Out
You may opt out of this arbitration agreement by sending written notice to [email protected] within 30 days of first accepting these Terms. Your notice must include your full name, email address, and a clear statement that you are opting out of binding arbitration. Opting out does not affect any other provision of these Terms.
15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. To the extent any dispute is not subject to arbitration under Section 12, you irrevocably consent to the exclusive personal jurisdiction of the state and federal courts located in the State of Florida.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by email to your registered address and/or by posting a notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your account before the effective date.
17. Termination
We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections 3, 4, 9, 10, 11, 12, and 13 of these Terms survive any termination.
18. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and CallYourKid regarding the Service and supersede all prior or contemporaneous agreements, communications, and understandings. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
19. Contact
For questions about these Terms:
CallYourKid
[email protected]
callyourkid.com