Terms of Service

What we provide

We provide:

• The kiosk: a custom-built, wall-mounted cabinet with a 27-inch touch screen and its computer, branded with your practice’s name, logo, colors and mascot (the "Kiosk").
• The monthly plan: the games and Learning corner lessons you choose, software updates, branding changes through the customer portal, and remote support for your Kiosk(s) (the "Plan").
• The website and customer portal at pediatricgames.com, including playable demos.

The games and lessons are entertainment and general health education for children. They are not medical or dental advice and do not replace the advice of your clinicians.

Orders and prices

Prices are shown on our website and in the customer portal before you pay: the Kiosk price per station, freight shipping per Kiosk, and the monthly Plan fee per station for your game package. Discounts (for example for two or more stations) are applied as shown. We may change prices for future orders at any time and for the Plan with at least 30 days’ notice by email or in the customer portal.

Prices do not include sales or use taxes unless stated. If taxes apply to your purchase, you are responsible for them; we may add them to an invoice where we are required to collect them.

An order is accepted when we confirm it and your payment succeeds. We may decline or cancel an order (for example if a product is unavailable or a price was shown in error); if we do, we refund anything you paid for it.

Payment

Payments are processed by Stripe, Inc. You can pay by card or bank account in the customer portal. Your payment details go directly to Stripe; we never see or store full card numbers. By paying, you also agree to Stripe’s terms for the payment method you use.

Your payment method is kept on file with Stripe for your Plan and future invoices. You can change it any time in the customer portal (Billing).

The monthly plan: billing, renewal and cancellation

The Plan starts after your Kiosk is installed and you start it in the customer portal. It is billed monthly in advance, per station, to your payment method on file, and renews automatically every month until you cancel.

You can cancel at any time by emailing [email protected] (or sending us a message in the customer portal's Support tab). Cancellation takes effect at the end of the month you have already paid for; we do not give refunds or credits for partial months. Until then everything keeps working, and you can change your mind by telling us before then.

If a payment fails, Stripe tries again and we let you know; please update your payment method. If a payment remains unpaid for 30 days, we may pause updates and support until it is paid.

When the Plan ends, your Kiosk keeps the games and lessons it has, but it no longer receives updates, branding changes or support.

Delivery, installation and ownership

Kiosks are built to order and shipped by freight as described in our Shipping & Delivery policy. Ownership of the Kiosk hardware passes to you when it is delivered and paid for in full. The Kiosk is designed to be fixed to wall studs; installation is arranged with you and is your responsibility unless we agree otherwise in writing. Please keep the Kiosk’s front panel locked and the childproof outlet cover in place.

Returns and refunds

Returns, refunds and cancellations are described in our Returns, Refunds & Cancellations policy, which is part of these Terms.

Software, games and content

The software, games, lessons, artwork, music and recordings on the Kiosk and website belong to us or our licensors. While your Plan is active (and afterwards for the content already on the Kiosk), we grant you a non-exclusive, non-transferable right to use them on your Kiosk(s) in your practice’s waiting areas. You may not copy, resell, modify, reverse-engineer or remove the software from the Kiosk, or try to get around its security (such as the network lockdown).

You keep the rights to the logos, pictures and other material you upload. You confirm you may use them, and you allow us to use them to brand your Kiosk and show them in your customer portal. If you agree, we may show a photo of your installed Kiosk in "Recent work" on our website; you can ask us to remove it at any time.

Using the portal and the Kiosk responsibly

• Keep your portal password secret and tell us at once if you think someone else has used your account. You are responsible for what is done with your accounts.
• Do not enter patient or other health information (names, dates of birth, medical details) into the portal, support messages or Kiosk branding. The Kiosk and portal are not designed to hold it, and we are not your business associate under HIPAA.
• Do not upload anything unlawful, offensive or that you do not have the right to use, and do not use the service to harm anyone or interfere with it.
• The Kiosk is for supervised use by children and families in your waiting room. Children should be supervised as in the rest of your office.

Support and updates

While your Plan is active we provide remote support by email and through the customer portal during normal business hours, and we send software and content updates to your Kiosk over the internet. Updates may add, change or retire individual games or lessons; we will keep your chosen number of games available.

Warranties

We will build and deliver the Kiosk with reasonable skill and care, and we will help with problems through support while your Plan is active. Any manufacturer warranties for the Kiosk’s components are passed on to you where possible.

Except as stated in these Terms and to the extent the law allows, the Kiosk, Plan, website and content are provided "as is", without other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the service will be uninterrupted or error-free.

Limitation of liability

To the extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim relating to the Kiosk, Plan, website or these Terms is limited to the amount you paid us in the 12 months before the claim arose. Nothing in these Terms limits liability that cannot be limited by law.

Indemnity

You will defend and hold us harmless against claims by third parties arising from material you upload, from your use of the Kiosk in your practice contrary to these Terms, or from your breach of these Terms.

Ending the agreement

You may stop using the service at any time by cancelling your Plan. We may suspend or end your access if you seriously or repeatedly break these Terms, or if required by law; where reasonable we will warn you first. Sections that by their nature should continue (for example payment owed, ownership, liability and the governing law) survive.

Governing law and disputes

These Terms are governed by the laws of the State of Arkansas, without regard to its conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in Arkansas, and both parties agree to their jurisdiction. Before going to court, please contact us so we can try to resolve the issue informally.

Changes to these Terms

We may update these Terms. We will post the new version here with a new date and, for significant changes, tell you by email or in the customer portal at least 30 days before they take effect. If you do not agree, you may cancel your Plan before the change takes effect.