Terms of Service

Last Updated: May 4, 2025

Introduction

Welcome to Pay By Parent ("we," "our," "us", or the "Service"). These Terms of Service ("Terms") govern your access to and use of the Pay By Parent Shopify App, available through the Shopify App Store. By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

Pay By Parent is a Shopify App designed to enable minors under the age of 18 to send product information or shopping carts to a parent or guardian via text message (using Twilio) or email (using SendGrid) for review and purchase approval.

Eligibility and Account Registration

For Parents/Guardians:

• You must be at least 18 years old to create an account and use our Service as a parent/guardian.
• You must provide accurate, current, and complete information during the registration process.
• You are responsible for maintaining the confidentiality of your account and password.
• You agree to accept responsibility for all activities that occur under your account.

For Minors:

• Minors under the age of 18 may use our Service to send product information to their parents/guardians for approval.
• Minors under 13 may use our Service with parental consent in accordance with the Children's Online Privacy Protection Act (COPPA).
• We do not knowingly collect personally identifiable information from children under 13 without verifiable parental consent.

Using Our Service

For All Users:

• You agree to use our Service only for lawful purposes and in accordance with these Terms.
• You agree not to use our Service:
  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • To send, knowingly receive, upload, download, use, or re-use any material that violates these Terms.
  • To impersonate or attempt to impersonate Pay By Parent, a Pay By Parent employee, another user, or any other person or entity.
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service.

For Parents/Guardians:

• You are responsible for all purchases you approve through our Service.
• You agree to review and respond to requests from your child in a timely manner.
• You acknowledge that our Service facilitates communications between you and your child for the purpose of reviewing and approving purchases.

For Minors:

• You may only use our Service to send legitimate product requests to your parent/guardian.
• You must not attempt to bypass parental approval by any means.
• You must respect your parent/guardian's decisions regarding product approvals.

Communication Services

Our Service utilizes third-party communication services:

Twilio Services:

• We use Twilio to facilitate text message (SMS) communications between minors and their parents/guardians.
• All SMS communications are subject to Twilio's Terms of Service (https://www.twilio.com/en-us/legal/tos) and Privacy Policy (https://www.twilio.com/en-us/legal/privacy).
• Message and data rates may apply for SMS communications.
• You agree not to use the SMS functionality for any unauthorized or unlawful purpose.

SendGrid Services:

• We use SendGrid to facilitate email communications between minors and their parents/guardians.
• All email communications are subject to SendGrid's Terms of Service and Privacy Policy.
• You agree not to use the email functionality for any unauthorized or unlawful purpose.

COPPA Compliance

We comply with the Children's Online Privacy Protection Act (COPPA). Our Service:

1. Requires Parental Consent: We obtain verifiable parental consent before collecting, using, or disclosing personal information from children under 13.
2. Provides Direct Notice: We provide direct notice to parents about our information collection practices.
3. Limits Collection: We only collect information from children that is reasonably necessary for participation in our Service.
4. Protects Confidentiality: We maintain the confidentiality, security, and integrity of information collected from children.
5. Parental Rights: We enable parents to:
   • Review their child's personal information
   • Refuse to permit further collection or use of their child's information
   • Direct us to delete their child's personal information

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Pay By Parent and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pay By Parent.

User-Generated Content

Our Service may allow you to create content related to product requests. You retain any ownership rights you have in such content, but you grant us a license to use, store, and share that content in connection with providing our Service.

Third-Party Links and Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Pay By Parent. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Pay By Parent shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

Limitation of Liability

In no event shall Pay By Parent, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

Contact Us

If you have any questions about these Terms, please contact us at:

Noctivity Inc.
Email: legal@noctivity.com
Phone: [Contact phone]
Address: [Your company address]