Shaka Terms of Service

These Terms of Service (the "Terms") are an agreement between you and Shaka Safe LLC, a California limited liability company ("Shaka," "we," "us," or "our"). They govern your use of the Shaka apps (Shaka Safe, Shaka Surf, and any other app we release under the Shaka name), the shakasafe.com website, and the services behind them (together, the "Service").

1. Who we are and what these Terms cover

Shaka Safe LLC operates the Service from California. We are a family internet-safety company. Our apps are distributed on the United States App Store, and the Service is offered only to residents of the United States.

These Terms cover:

• Shaka Safe, the app for parents and guardians (we call you "lifeguards").
• Shaka Surf, the web browser for kids that enforces the rules you set.
• Planned apps such as Shaka Search, Shaka Music, and Shaka Simple, and any other app we release under the Shaka name. Planned apps are described in Section 8.5; we do not commit to releasing any of them.
• shakasafe.com and any other website we operate for the Service.

These Terms also serve as the end-user license agreement for the apps. If you download an app from the App Store, the Apple-specific terms in Section 28 also apply.

Our Privacy Policy explains what information we collect and how we use it. It is part of these Terms.

By creating a family in Shaka Safe, starting a trial, making a purchase, or otherwise using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

2. Who may use Shaka

To create a lifeguard account and use the Service, you must:

• be at least 18 years old;
• be a resident of the United States;
• be a parent or legal guardian of each child you add to your family, or an adult the child's parent or legal guardian has chosen to help supervise that child; and
• have the authority to agree to these Terms and to consent to the collection of your children's information as described in our Privacy Policy.

Children do not agree to these Terms. A parent or legal guardian agrees on the child's behalf. Shaka Surf is designed for children roughly 8 to 16 years old, but a lifeguard may create a child profile for any minor under 18 in their care.

We do not offer the Service outside the United States, and we do not support use by non-US residents.

3. Your family and your account

3.1 The family

A "family" is the container that holds your lifeguards, child profiles, paired kid devices, rules, and subscription. Each family has exactly one subscription and exactly one Owner.

3.2 Lifeguard roles

Owner. The lifeguard who creates the family is its first Owner. The Owner is the billing party and the Stripe customer, controls who else is a lifeguard, may transfer ownership to another lifeguard, and is the parent or guardian who provides verifiable parental consent for the children in the family. The Owner is responsible for making sure that every lifeguard they add is an appropriate adult for the children in the family.

Secondary lifeguards. Lifeguards the Owner invites have the same ability as the Owner to answer requests, manage rules, and see activity. They cannot change billing, except that when the family's subscription is past due or has lapsed, a secondary lifeguard may take over billing. Taking over billing transfers ownership of the family to that lifeguard.

Ownership transfer. The Owner may transfer ownership to another lifeguard from Settings › Family. If the family is on a recurring plan, the new Owner must add a payment method before the transfer completes. Both lifeguards confirm the transfer, and both are notified when it happens.

3.3 Signing in

Lifeguards sign in with a mobile phone number and a one-time code sent by text message. There are no passwords. By providing your number, you agree to receive authentication text messages from us. Message and data rates may apply. Authentication messages are the only text messages we send; we will not send marketing text messages without your separate express written consent.

Every lifeguard must provide a valid email address. We use it for billing notices, service communications, the weekly Tide Report, and, only if you opt in, marketing email. You can opt out of marketing email at any time; you cannot opt out of service and billing email while you have an account.

3.4 Keeping your account secure

You are responsible for keeping control of the phone number and the devices you use to sign in. If you lose access to your number, or you believe someone else has used your account, contact us at support@shakasafe.com right away. Shaka verifies lifeguards by phone number only; we do not verify identity beyond that.

3.5 Child profiles

Lifeguards create child profiles with a first name or nickname and an age level. We do not ask for a child's date of birth. What we collect about children, and how we use it, is described in our Privacy Policy.

4. Pairing a kid device and Screen Time

4.1 How pairing works

You pair a kid's device to a child profile using a code shown in Shaka Safe. Shaka Surf on the paired device then enforces the rules you set. Pairing is available once your family has an active trial, subscription, Founding Family Pass, or complimentary access.

4.2 What Shaka changes on the kid's device

Shaka Surf uses Apple's Screen Time frameworks (FamilyControls, ManagedSettings, and DeviceActivity) to make Shaka Surf the browser your child actually uses. When you grant Screen Time authorization on the kid's device, Shaka applies a set of device-level restrictions that you configure and can see in Shaka Safe. Depending on the settings you choose, these can include shielding other browsers, enabling Apple's web content filter, preventing app removal, limiting App Store content by age rating, blocking in-app purchases, and locking the device's date and time and its Apple Account sign-out. Each setting is shown in Shaka Safe with a plain description of its effect, and you can turn each one on or off.

Full enforcement works best when the child's device uses a child Apple Account in your Family Sharing group. Shaka Surf can also be authorized on a device signed in to an adult's Apple Account ("device lock"), which is easier for a child to switch off; the app tells you which mode is in force and alerts you when protection changes.

4.3 Releasing the restrictions

To stop using Shaka on a device, unpair the device from Shaka Safe. Unpairing releases the Screen Time restrictions Shaka applied through Apple's standard flow. Deleting the Shaka Surf app on its own does not remove the Screen Time configuration; please unpair first. If you need help releasing a device, contact support@shakasafe.com.

5. What Shaka does, and what it does not do

Please read this section carefully. It describes the limits of what any content filter can do.

5.1 No guarantee of protection

Shaka reduces your child's exposure to harmful content and makes getting around your rules harder and more visible. It does not, and cannot, guarantee that your child will never see inappropriate content, that every unsafe page will be blocked, or that a determined child cannot circumvent it. Shaka is a tool to support your supervision, not a replacement for it. You remain responsible for supervising your children and for deciding what is appropriate for them.

5.2 Filtering accuracy

Shaka's filtering uses domain lists, category classification, forced SafeSearch and restricted modes on supported services, and Wave Watch, which scores the text of a page before it is shown. These methods are imperfect by nature. Some safe pages will be blocked (false positives) and some unsafe pages will get through (false negatives). Classification also relies on third-party data that may be wrong or out of date. You can correct mistakes by adjusting rules, answering requests, and flagging pages in Shaka Safe, and those flags help us improve the Service.

5.3 Dependence on Apple's platforms

Enforcement depends on Apple's Screen Time frameworks, Family Sharing, App Store policies, and iOS itself. Apple may change any of these at any time, and those changes may reduce, disable, or alter what Shaka can do. We are not responsible for changes to Apple's platforms, for Apple's decisions about our apps, or for the behavior of Apple's own filters. Shaka Surf requires a current version of iOS or iPadOS; we may raise the minimum version over time.

5.4 macOS

Where a Shaka app is offered for Mac, enforcement is weaker than on iPhone and iPad. In-app filtering works the same way, but system-wide restrictions on other browsers may be limited or unavailable on macOS. We will describe the current state of Mac enforcement in the app; please do not rely on macOS for the same level of protection as iOS.

5.5 Beta and early-access features

Features labeled beta, early access, or experimental may be incomplete, may change, and may be withdrawn at any time without notice.

5.6 Offline behavior

Shaka Surf keeps a copy of your rules on the device so enforcement continues without a network connection. Requests and activity are queued and delivered when the device reconnects.

5.7 Your acknowledgment, assumption of risk, and release

By using the Service you acknowledge and agree that: (a) no content filter, monitoring tool, or parental control can identify or block every piece of harmful, inappropriate, or objectionable content, and Shaka will miss some; (b) children can and sometimes do find ways around parental controls, including by using other devices, other accounts, other networks, or features of the operating system that Shaka does not control; (c) Shaka's filtering decisions, flags, scores, categories, and reports are automated estimates and may be wrong in either direction; (d) Shaka's enforcement depends on Apple's platforms and may stop working, in whole or in part, because of changes Apple makes; and (e) you are choosing to use Shaka with these limits in mind, and you remain solely responsible for supervising your children and for deciding what they may access.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK OF, AND RELEASE SHAKA SAFE LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS FROM, ANY CLAIM, LOSS, INJURY, OR DAMAGE ARISING FROM CONTENT A CHILD ENCOUNTERS THROUGH OR DESPITE THE SERVICE, FROM A FAILURE OF THE SERVICE TO BLOCK, FLAG, OR REPORT ANY CONTENT OR ACTIVITY, FROM A CHILD'S CIRCUMVENTION OF THE SERVICE OR OF DEVICE RESTRICTIONS, FROM A FALSE POSITIVE OR FALSE NEGATIVE, OR FROM ANY ACTION A PERSON TAKES IN RELIANCE ON THE SERVICE'S FILTERING, FLAGS, OR REPORTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

This release does not apply to claims that cannot be released under applicable law, including claims based on our fraud, gross negligence, or willful misconduct.

6. Requests, Talks, and content your child enters

When Shaka Surf blocks a page, your child can send a request to your family's lifeguards, optionally with a short reason. Lifeguards and kids can also exchange short "Talk" messages inside the apps, and kids can save bookmarks and choose an app icon. This content is shown only to the members of your family and is stored as described in our Privacy Policy. It is the only free text a child can enter into Shaka, and we do not review it, moderate it, or make it visible outside your family.

Requests, decisions, and rule changes are attributed to the lifeguard who made them and shown to every lifeguard in the family. Shaka is built on transparency: a child can see the same activity record that lifeguards see.

7. Lifeguard responsibility and family disputes

The Owner is responsible for who they add as lifeguards, for those lifeguards' use of the Service, and for confirming that each is an appropriate adult for the children in the family. Every lifeguard is responsible for their own conduct in the Service.

Shaka does not adjudicate custody, access, or supervision disputes between adults. Who is a lifeguard, who is the Owner, and who may see a child's activity is determined by the roles in the app and by the Owner's choices. If we receive conflicting instructions from adults in a family, we will generally maintain the current state of the family and may require a court order or other legal documentation before changing access.

8. Plans and pricing

8.1 One plan for the whole family

Shaka is sold as one flat-price family plan. It covers every child profile, every lifeguard, every paired device, and every Shaka app, current and future, for your family. There are no per-child, per-device, or per-lifeguard charges, and every plan unlocks the same features. Plans differ only in how you pay.

8.2 Current prices

Prices are in US dollars and do not include sales tax. Where sales tax applies, it is calculated and shown at checkout. The price you see at checkout is the price you pay.

8.3 Your price is locked while you stay subscribed

Your family's recurring price will not increase while your subscription remains continuously active. If we change prices, the new prices apply only to new subscriptions and to families whose subscription lapses and later re-subscribes. Your locked price is shown in Shaka Safe under Settings › Billing.

8.4 Payments are handled by Stripe

We use Stripe to process payments. When you start a trial or make a purchase, Shaka Safe opens Stripe Checkout, a payment page hosted by Stripe. You manage your payment method, switch between monthly and annual, view invoices, and cancel through the Stripe Customer Portal, which you open from Shaka Safe. Shaka Safe LLC is the merchant of record. Shaka never receives or stores your full card number. Stripe's own terms and privacy policy apply to the checkout and portal pages.

Purchases are not made through Apple's In-App Purchase system. Apple is not a party to your purchase, Apple's refund and cancellation processes do not apply, and Apple is not responsible for the Service or for refunds.

8.5 What the subscription includes, and what it does not

Your subscription covers the Shaka apps as they exist today and any Shaka apps we release in the future. We plan additional apps such as Shaka Search, Shaka Music, and Shaka Simple, but we do not commit to releasing any particular app or feature on any timeline, and your subscription price is for the Service as it exists when you pay for it. If a planned app does not ship, you are not owed a refund or credit.

Some Shaka apps may require a separate third-party subscription that your family already holds. For example, Shaka Music is planned as a filtered way to use Apple Music and would require your family's own Apple Music subscription. Those third-party subscriptions are not included in your Shaka plan and are governed by the third party's terms.

9. Free trial

Every family may use one free trial of 14 days. The trial:

• starts when the Owner completes Stripe Checkout after creating the first child profile, not when the family is created;
• requires a valid payment method; and
• converts automatically to the monthly or annual plan you selected when the trial ends, at which point your payment method is charged, unless you cancel before the trial ends.

If you cancel during the trial, you keep full access until the trial ends and you are not charged. We send a reminder by email before the trial ends and before the first charge, and Shaka Safe shows the number of days remaining throughout the trial. A family is eligible for a trial only once, and a payment method that has already been used for a Shaka trial cannot start another. Families that are not eligible for a trial may subscribe without one.

10. Automatic renewal, and how to cancel

Please read this section carefully. It explains that your subscription renews automatically and how to stop it.

• Renewal. Monthly and annual plans renew automatically at the end of each billing period, at the price shown in Settings › Billing, until you cancel. Your payment method on file is charged at each renewal.
• Reminders. We send an email reminder before your free trial converts to a paid plan and before each annual renewal.
• How to cancel. Open Shaka Safe, go to Settings, then Billing, then Manage billing, and choose Cancel. This opens the Stripe Customer Portal, where cancellation takes a few taps. You can also cancel by emailing support@shakasafe.com from the email address on your account. We will not require you to call or to explain why.
• When cancellation takes effect. Cancellation stops future charges. Your family keeps full access until the end of the period you already paid for, and then the subscription ends. We do not refund partial periods, except under the 60-Day Satisfaction Guarantee in Section 12.
• Resuming. If you cancel and change your mind before the period ends, you can resume from Settings › Billing with no interruption.

You consent to the automatic renewal described here when you complete checkout. The checkout page and the plan page in Shaka Safe show the cadence, the price, the renewal terms, and how to cancel before you buy.

11. Founding Family Pass (Lifetime)

11.1 What it is

The Founding Family Pass is a one-time purchase that gives your family the full Shaka subscription with no recurring charges. It includes every Shaka app that exists now and every Shaka app we release in the future, for the life of the Service.

11.2 What "lifetime" means

"Lifetime" means for as long as Shaka Safe LLC (or a successor) operates the Shaka Service. It does not mean the lifetime of any person, device, or platform, and it is not a promise that the Service will exist forever.

11.3 If we discontinue the Service or are acquired

If we decide to discontinue the Service, we will give Founding Family Pass holders at least 90 days' notice by email. If the Service is discontinued within 24 months of your Founding Family Pass purchase, we will refund a pro-rated portion of the purchase price, calculated over that 24-month period. After 24 months, no refund is owed on discontinuation. If Shaka Safe LLC is acquired or the Service is transferred to another operator, we will require the successor to honor Founding Family Passes on the same terms or to offer the pro-rated refund described here.

11.4 Limited quantity

The number of Founding Family Passes is limited. The count shown in Shaka Safe is the real number remaining; we do not use artificial scarcity. When passes are sold out, they are unavailable until a future release, which may be at a different price. A seat is reserved for you when you begin checkout and released if checkout is not completed within 30 minutes.

11.5 Other terms

The Founding Family Pass belongs to your family, not to any individual lifeguard, so it survives an ownership transfer within the family. It cannot be transferred to another family, resold, or exchanged for cash. If you buy a Founding Family Pass while on a recurring plan, the recurring plan is canceled at the end of its current period without proration, and your family is on the pass immediately. The pass does not include third-party subscriptions that some Shaka apps depend on (see Section 8.5). Refunding a Founding Family Pass under the 60-Day Satisfaction Guarantee releases its seat.

12. 60-Day Satisfaction Guarantee and refunds

12.1 The guarantee

If Shaka is not right for your family, you may request a full refund of your first payment within 60 days of that payment. "First payment" means the first recurring charge after your trial, or your Founding Family Pass purchase. The guarantee is available once per family.

To request a refund, email support@shakasafe.com from the email address on your account. Refunds are issued by Stripe to the original payment method and typically appear within 5 to 10 business days. When a refund is issued, your subscription ends immediately and your family's kid devices enter the Paused state (Section 13.3).

12.2 Outside the guarantee

Except as required by law, we do not provide refunds or credits for partial billing periods, for unused time, for renewals you did not cancel in time, or for changes in your family's circumstances. Cancellation stops future charges but does not refund past ones. If you believe you were charged in error, contact support@shakasafe.com and we will look into it.

13. Failed payments, lapsed subscriptions, and the Paused state

13.1 Failed payments and grace period

If a recurring payment fails, your family keeps full access for a 7-day grace period while Stripe retries the payment. During that period, the Owner can update the payment method, or a secondary lifeguard can take over billing. If payment has not succeeded by the end of the grace period, the subscription lapses.

13.2 When a subscription ends

Your family's subscription ends, and your family enters the lapsed state, when any of the following happens: a trial ends without conversion; a canceled plan reaches the end of its paid period; the grace period after a failed payment ends; a refund is issued; a payment is disputed; or complimentary access expires or is revoked.

13.3 The Paused state on the kid's device

When a subscription ends, Shaka Surf on each paired device enters the Paused state:

• Sites your family previously approved (the allowlist) continue to work.
• Every other site, and the browser home screen, shows a neutral screen saying that Shaka is paused and that a lifeguard can turn it back on in Shaka Safe. Your child can send a pre-written message to a lifeguard from that screen. The screen contains no pricing or payment language.
• Screen Time shields on other browsers, category filtering, blocklists, SafeSearch, and YouTube Restricted Mode all remain in force. Nothing is loosened.
• Your child can still send requests; they wait in the lifeguards' inbox until the family reactivates.

Shaka never reduces a kid's device below the protection you last configured because of a billing event. If you want to remove Shaka's protections, unpair the device (Section 4.3).

13.4 Shaka Safe while lapsed

Lifeguards can still sign in, see status, view rules and request history (read-only), manage lifeguards, and manage and unpair devices. Answering requests, changing rules, and viewing activity detail and weekly reports require reactivation.

13.5 Reactivation

Any lifeguard may reactivate a lapsed or past-due family by subscribing. A secondary lifeguard who does so becomes the Owner, and the previous Owner is notified. A family that re-subscribes after lapsing pays the then-current price.

14. Chargebacks and payment disputes

If you dispute a charge with your bank or card issuer instead of contacting us, your subscription ends immediately and your family enters the Paused state. We may block the family from re-subscribing until the dispute is resolved. We encourage you to contact support@shakasafe.com first; most billing questions are resolved quickly, and the 60-Day Satisfaction Guarantee covers your first payment.

15. Complimentary access (the "Friends & Family plan")

We may grant free access to selected families at our discretion, for example to friends, family, testers, and reviewers; it is shown in Shaka Safe as the Friends & Family plan. Complimentary access is matched to the Owner's phone number at sign-in, is limited to one per phone number and one per family, and cannot be transferred. It carries no payment obligation, may have an expiration date, and may be revoked. If we revoke or do not renew complimentary access, we will email the Owner and give at least 7 days' notice before the family enters the lapsed state, and the family may subscribe at any time. Complimentary access is not a promise of continued free service and does not entitle the family to any refund or credit.

16. Acceptable use

You agree to use the Service only for supervising children in your care, and only in ways that comply with these Terms and applicable law. You agree not to:

• add a child to your family, or pair a device, without the authority to supervise that child;
• add a lifeguard who is not an appropriate adult for the children in the family, or use the Service to monitor an adult;
• use the Service to harass, stalk, or harm anyone;
• attempt to bypass, disable, reverse engineer, or interfere with the Service, its filtering, its security, or its enforcement mechanisms, except to the extent applicable law expressly permits;
• probe, scan, or test the vulnerability of the Service, or attempt to access another family's data;
• copy, resell, sublicense, rent, or commercially exploit the Service, its content, or its filtering data;
• use automated means to access the Service other than through our apps;
• share pairing codes, invitation links, or sign-in codes with anyone outside your family; or
• provide false information when creating your account or family.

We may suspend or terminate access for any violation of this section.

17. License and intellectual property

17.1 Your license to use the apps

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the Shaka apps on Apple devices that you or your family own or control, for the purpose of supervising the children in your family. This license is for the apps as we make them available and does not include any right to modify or redistribute them.

17.2 Our rights

The Service, including the apps, the website, the Wave Watch filtering model and lexicon, the domain lists and classification data, the software, the designs, the artwork, the text, and the Shaka name and logos, is owned by Shaka Safe LLC or its licensors and is protected by copyright, trademark, and other laws. Except for the license above, we do not grant you any rights in the Service. "Shaka," "Shaka Safe," "Shaka Surf," "Wave Watch," and the Shaka logos are trademarks of Shaka Safe LLC.

17.3 Your family's content

You and your family own the content you enter into the Service, such as rules, requests, reasons, Talk messages, bookmarks, and profile names. You give us a license to store, process, transmit, and display that content as needed to provide the Service to your family and as described in our Privacy Policy.

17.4 Feedback and flags

If you send us suggestions, ideas, or feedback, or flag a page as wrongly blocked or wrongly allowed, we may use that input to improve the Service without any obligation to you. Flagged pages are handled as described in our Privacy Policy.

17.5 Third-party and open-source components

The Service includes third-party and open-source software components that are subject to their own licenses.

18. Third-party services and websites

Shaka Surf is a web browser. The websites your child visits through it are operated by third parties, and we do not control, endorse, or take responsibility for their content, their practices, or their terms. Some of those sites will collect information from your child in accordance with their own policies; Shaka's filtering does not change what a third-party site does once it loads. Third-party services that the Service depends on (Apple, Stripe, Google Cloud, and others listed in our Privacy Policy) are governed by their own terms.

19. Privacy

Our Privacy Policy describes what we collect from lifeguards and children, how we use it, who we share it with, how long we keep it, and the choices you have, including your rights as a parent under the Children's Online Privacy Protection Act. Three commitments bear repeating here: we do not show advertising in any Shaka app, we do not sell personal information, and Shaka Surf contains no third-party analytics or advertising software.

20. Deleting your family, exporting data, and termination

20.1 Deleting your family

The Owner can delete the family, which removes the family's lifeguards, child profiles, device pairings, rules, and activity from the Service, from Settings in Shaka Safe. You can also request deletion by emailing privacy@shakasafe.com. Before deleting, please unpair each kid device so that Screen Time restrictions are released (Section 4.3). We keep billing records for as long as tax and accounting rules require, as described in our Privacy Policy. Deleting your family does not entitle you to a refund except under Section 12.

20.2 Exporting data

To request a copy of your family's data, email privacy@shakasafe.com. Our Privacy Policy describes what you can request.

20.3 Termination or suspension by us

We may suspend or terminate your access to the Service, with or without notice, if you materially breach these Terms, if we are required to by law, if your use creates risk or legal exposure for us or for others, or if a payment is disputed. If we terminate for breach, you are not entitled to a refund. If we terminate for our convenience, we will refund any prepaid, unused portion of a recurring plan and treat the Founding Family Pass as described in Section 11.3.

20.4 Effect of ending

When your family is deleted or your access ends, your license to use the apps ends, and kid devices should be unpaired. Sections that by their nature should survive (including Sections 5.7, 11.3, 17, 20, 23 through 27, and 29) survive.

21. Changes to the Service

We are continually improving Shaka. We may add, change, or remove features, apps, and platforms, change how filtering works, and change the third-party services we rely on. We will try to give notice of changes that materially reduce what your family can do, and if a change materially reduces the core Service during a paid period, you may cancel and request a pro-rated refund of the remaining period. We may also discontinue the Service entirely, subject to Section 11.3 for Founding Family Pass holders.

22. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will notify you by email or in Shaka Safe at least 14 days before the change takes effect, except that changes required by law or to address a security issue may take effect sooner. The "Last updated" date at the top shows when the Terms last changed. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not agree, you may cancel and stop using the Service. Changes to the arbitration provision in Section 26 do not apply to disputes that were already pending when the change took effect.

23. Disclaimers

We want to be honest about what Shaka can and cannot do, and the law requires us to say the following conspicuously.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SHAKA SAFE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BLOCK ALL HARMFUL OR INAPPROPRIATE CONTENT, THAT IT WILL PREVENT CIRCUMVENTION, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT CLASSIFICATIONS OR FLAGS WILL BE ACCURATE, OR THAT APPLE'S PLATFORMS WILL CONTINUE TO SUPPORT THE SERVICE'S ENFORCEMENT FEATURES. YOU ARE RESPONSIBLE FOR SUPERVISING YOUR CHILDREN.

Some states do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these Terms limits rights that cannot be limited by law.

24. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SHAKA SAFE LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF USE, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, INCLUDING ANY CONTENT A CHILD ENCOUNTERS THROUGH OR DESPITE THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOUR FAMILY PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED US DOLLARS ($100).

WITHOUT LIMITING THE ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SHAKA SAFE LLC WILL HAVE NO LIABILITY OF ANY KIND FOR: CONTENT THAT THE SERVICE FAILED TO BLOCK, FLAG, OR REPORT; CONTENT THAT THE SERVICE BLOCKED OR FLAGGED IN ERROR; A CHILD'S CIRCUMVENTION OF THE SERVICE OR OF DEVICE RESTRICTIONS; THE CONDUCT OF ANY LIFEGUARD, CHILD, OR THIRD-PARTY WEBSITE; CHANGES TO APPLE'S PLATFORMS OR POLICIES; OR DECISIONS YOU MAKE IN RELIANCE ON THE SERVICE'S FILTERING, FLAGS, OR REPORTS.

The limitations in this section and the release in Section 5.7 are an essential basis of the bargain between you and us; the Service would not be offered at its price without them. These limitations do not apply to liability that cannot be limited by law, including liability for our fraud, gross negligence, or willful misconduct. Some states do not allow the limitation of certain damages, so some of the above may not apply to you. Any claim arising out of or related to the Service must be brought within one year after it arises, or it is permanently barred, to the extent the law permits this limitation.

25. Indemnification

You agree to defend, indemnify, and hold harmless Shaka Safe LLC and its members, managers, employees, and contractors from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of your violation of these Terms, your violation of the rights of another person (including adding a child or a lifeguard without proper authority, or using the Service to monitor someone you are not entitled to supervise), or your family's use of the Service. We may take over the defense of any matter subject to indemnification, in which case you agree to cooperate with us.

26. Dispute resolution: individual arbitration and class action waiver

Please read this section carefully. It affects your legal rights. It requires most disputes to be resolved by individual arbitration rather than in court, and it waives the right to bring or participate in a class action. You may opt out within 30 days as described in Section 26.7.

26.1 Talk to us first

Before starting arbitration or any court proceeding, you agree to send a written notice of your dispute to legal@shakasafe.com, describing the problem and what you want us to do. We will do the same if we have a dispute with you. The parties will try in good faith to resolve the dispute informally for 60 days after the notice is received. Most disputes are resolved this way.

26.2 Agreement to arbitrate

If the dispute is not resolved informally, you and Shaka Safe LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including its validity, interpretation, or the arbitrability of any claim, will be resolved by binding individual arbitration rather than in court, except as provided in Sections 26.3 and 26.7.

26.3 Exceptions

Either party may bring an individual claim in small claims court if it qualifies and remains in that court. Either party may also seek an injunction or other equitable relief in court to protect intellectual property rights or to stop unauthorized use of the Service. Nothing in this section prevents you from bringing issues to the attention of federal, state, or local agencies, which may seek relief against us on your behalf.

26.4 Arbitration rules

The arbitration will be administered by a nationally recognized arbitration provider under its consumer arbitration rules as in effect when the arbitration is started. The arbitrator will be a neutral, and will apply these Terms and California law. The arbitrator may award the same individual relief a court could. Arbitration will take place in the county where you live, by video conference, or by written submissions, at your choice. If your claim is for $10,000 or less, we will pay all arbitration filing, administration, and arbitrator fees beyond an amount equal to the filing fee for a comparable court case, unless the arbitrator finds the claim frivolous. The Federal Arbitration Act governs this section.

26.5 Class action and jury trial waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND SHAKA SAFE LLC EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND SHAKA SAFE LLC EACH WAIVE THE RIGHT TO A JURY TRIAL. If the class action waiver is found unenforceable as to a particular claim, that claim will proceed in court under Section 27 rather than in arbitration, and will be stayed pending the arbitration of any remaining claims.

26.6 Mass arbitration

If 25 or more similar claims are brought against us by the same or coordinated counsel, the parties agree that the arbitration provider's mass arbitration procedures, if any, will apply, and that the claims will be resolved in batches, with a small number of bellwether arbitrations proceeding first and the remaining claims stayed until those are decided, so that the process is fair and efficient for everyone.

26.7 Your right to opt out

You may opt out of this arbitration agreement by emailing legal@shakasafe.com within 30 days after you first accept these Terms. Your notice must include your name, the phone number on your lifeguard account, and a clear statement that you want to opt out of arbitration. If you opt out, you are not bound by Section 26 (but the rest of these Terms still apply), and we will not be bound as to you either. Opting out will not affect your use of the Service.

26.8 Severability and survival

If any part of this Section 26 is found unenforceable, the remainder will still apply, except as stated in Section 26.5. This section survives the termination of your account and of these Terms.

27. Governing law and venue

These Terms and any dispute between you and Shaka Safe LLC are governed by the laws of the State of California and applicable US federal law, without regard to conflict-of-law rules. For any dispute that is not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in California, and you consent to personal jurisdiction there. This does not limit your right to bring a small claims action in the county where you live.

28. Apple-specific terms

These terms apply to any Shaka app you download from the Apple App Store and are required by Apple.

• These Terms are between you and Shaka Safe LLC only, not Apple. Shaka Safe LLC, not Apple, is solely responsible for the apps and their content.
• Your license to use each app is limited to a non-transferable license to use the app on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
• Apple has no obligation to provide any maintenance or support for the apps.
• If an app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are the responsibility of Shaka Safe LLC.
• Shaka Safe LLC, not Apple, is responsible for addressing any claims by you or a third party relating to the apps or your possession or use of them, including product liability claims, claims that the apps fail to conform to legal or regulatory requirements, and claims under consumer protection, privacy, or similar laws.
• If a third party claims that an app or your use of it infringes that party's intellectual property rights, Shaka Safe LLC, not Apple, is responsible for the investigation, defense, settlement, and discharge of that claim.
• You represent that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.
• You must comply with applicable third-party terms when using the apps (for example, your wireless carrier's terms).
• Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the apps and, upon your acceptance of these Terms, may enforce them against you as a third-party beneficiary.

29. General terms

Entire agreement. These Terms, together with the Privacy Policy and any plan or checkout terms you accept, are the entire agreement between you and Shaka Safe LLC about the Service and replace any prior agreements.

Assignment. You may not assign or transfer these Terms or your family without our consent, except through the ownership transfer feature in the app. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, subject to Section 11.3.

Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest of the Terms will remain in effect.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including outages of Apple, Stripe, Google Cloud, or other infrastructure providers.

Notices. We may send notices to the email address on your account or through Shaka Safe. You may send notices to us at the addresses in Section 30.

No third-party beneficiaries. Except for Apple under Section 28, these Terms do not create rights for anyone other than you and Shaka Safe LLC.

Export. You agree to comply with US export laws in connection with the apps.

California consumer notice. Under California Civil Code Section 1789.3, California residents are entitled to the following notice: the Service is provided by Shaka Safe LLC. Complaints about the Service or requests for further information may be sent to support@shakasafe.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

30. Contact us

Shaka Safe LLC
Support: support@shakasafe.com
Privacy: privacy@shakasafe.com
Legal notices and arbitration opt-outs: legal@shakasafe.com
Website: https://shakasafe.com

See also our Privacy Policy.