Kinderlime Terms of Service
1. Your agreement with Kinderlime
1.1. The agreement between your organization, (the “School”) and Kinderlime Inc. or its successors (the “Service”) is governed by this agreement (the “Terms”).
1.2. In order to use the Service, you must first agree to the Terms. You can agree to the Terms by actually using the Service. You understand and agree that Kinderlime will treat your use of the Service as acceptance of the Terms from that point onwards.
1.3. You may not use the Service if you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service. You affirm that you are over the age of 13, as the Service is not intended for children under 13.
1.4 If these terms are accepted by a person that represents a company or organization, when you accept the terms, the terms are accepted by all members of the organization, employees of the company and/or its affiliates, including but not limited to its schools.
1.5 Contact: You can contact us for everything related to this agreement at firstname.lastname@example.org or as located and updated at https://www.kinderlime.com/contact
2. Your Account and Use of the Service
2.1. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account.
2.2. Your use of the Service must comply with all applicable laws, regulations and ordinances.
2.3. You agree not to (a) access (or attempt to access) the Service by any means other than through the interface that is provided by Kinderlime in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with Kinderlime, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
3. Service Policies
3.1. Prohibited Content: The Content displayed and/or processed through your Application or other web site utilizing the Service shall not contain any of the following types of content: (a) Content that infringes a third party’s rights (e.g., copyright) according to applicable law; (b) Pornographic, obscene or excessively profane content; (c) Hate-related or violent content; (d). Content advocating racial or ethnic intolerance; (e) Content intended to advocate or advance computer hacking or cracking; (f) Gambling; (g) Other illegal activity, including without limitation illegal export of controlled substances or illegal software; (h) Drug paraphernalia; (i) Phishing; (j) Malicious content; (k) Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
3.2. Prohibited Actions: In addition to (and/or as some examples of) the violations described in the Terms, you may not and may not allow any third party, including your end users, to:
3.2.1 Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to: (a) sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law; (b) imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam; (c) data mining any web property to find email addresses or other user account information; (d) sending unauthorized mail via open, third-party servers; (e) sending emails to users who have requested to be removed from a mailing list; (f) selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and (g) sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
3.2.2 Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
3.2.3 Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
3.2.4 Conduct or forward pyramid schemes and the like;
3.2.5 Transmit content that may be harmful to minors;
3.2.6 Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
3.2.7 Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
3.2.8 Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
3.2.9 Promote or encourage illegal activity;
3.2.10 Interfere with other users’ enjoyment of the Service;
3.2.11 Sell, trade, resell or otherwise exploit the Service for any unauthorized commercial purpose;
3.2.12 Modify, adapt, translate, or reverse engineer any portion of the Service;
3.2.13 Remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
3.2.14 Reformat or frame any portion of the web pages ;
3.2.15 Use the Service in connection with illegal peer-to-peer file sharing;
3.2.16 Display any content on the Service (including but not limited to the customizable login page) that contains any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; or
3.2.17 Modify any logos or brand features without permission.
3.2.18 Use the Service, or any interfaces provided with the Service, to access any product or service in a manner that violates the terms of service or other terms and conditions for use of such product or service.
3.3 Data Retention:
3.3.1 Essential Records: Kinderlime will maintain inactive records, including but not limited to facilities, accounts, guardians, students, staff, vendors for a minimum of three years
3.4 Data Portability
3.4.1 Data with regards to section 10.4 will be exported in industry standard format.
3.4.2 An effort will eventually be made to adhere to industry standards but those standards are still evolving so this is not guaranteed.
4.1 Personal Information
4.1 Sensitive Data: We encrypt all sensitive data before we store them in data centers secured by our service provider so that they cannot be viewed during routine maintenance.
4.2 Uses: We use this information internally to deliver the best possible service to you, such as improving the Kinderlime user interface and maintaining a consistent and reliable user experience.
4.3 Kinderlime adheres to the US Safe Harbor privacy principles. For more information about the Safe Harbor framework or our registration, see the Department of Commerce’s website.
5. Use of the Service
5.1 Purpose: The service will be used for the sole purpose of administering the operations of one school or daycare or childcare center with one or more campuses.
5.2 Duration: By registering for use of our service either on Kinderlime website or it’s apps you have agreed to these terms of service.
5.3.1 The fees are listed at https://www.kinderlime.com/pricing and vary based on the level of service.
5.4 Confidentiality: The parties recognize that the number of active students is shared knowledge that will be used only for billing computations, and it is otherwise proprietary customer information governed by the terms of section 8.3
5.5 The service will initiate a trial period. During the trial period you will ensure that the service will meet your requirements
6. Proprietary Rights
6.1 You acknowledge and agree that Kinderlime (or Kinderlime’s licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2 Unless you have agreed otherwise in writing with Kinderlime, nothing in the Terms gives you a right to use any of Kinderlime’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
6.3 Except as provided in Section 8, Kinderlime acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Kinderlime, you agree that you are responsible for protecting and enforcing those rights and that Kinderlime has no obligation to do so on your behalf.
7. License from Kinderlime and Restrictions
7.1 You may not (and you may not permit anyone else to): (a) attempt to disable or circumvent any security mechanisms used by the Service or any Application; (b) upload or otherwise process any malicious content to or through the Service.
7.2 Unless Kinderlime has given you specific written permission to do so (e.g., through an open source software license), you may not assign (or grant a sub-license of) your rights to use the Kinderlime Software, grant a security interest in or over your rights to use the Kinderlime Software, or otherwise transfer any part of your rights to use the Software.
8. License from you
8.2 You agree that Kinderlime, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.
8.3 Kinderlime acknowledges that in the course of providing the service or support for it, its associates might be exposed to customer data and other customer information. Unless the customer specifies otherwise in writing, such information must be treated as proprietary to the customer and not disclosed to other third parties, including but not limited to customer’s non authorized staff and the customer’s customers.
9. Software Updates and availability of service
9.1 The Software and apps which you use may automatically download and install updates from time to time from Kinderlime (or its licensors). These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Kinderlime to deliver these to you) as part of your use of the Service.
9.2 Kinderlime will make commercially reasonable efforts to keep the service up and running at all times. However, the service might need to be occasionally unavailable for maintenance. In such cases, Kinderlime will make commercially reasonable efforts to bring the service down for maintenance during non business hours. We will also make commercially reasonable efforts to announce routine maintenance with advance notice.
10. Modification and Termination of the Service
10.1 Kinderlime is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Kinderlime provides may change from time to time without prior notice to you, subject to the terms in Sections 4 and 10.2. Changes to the form and nature of the Service will be effective with respect to all versions of the Service (including the Deprecated Version of the Service); examples of changes to the form and nature of the Service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
10.2 If Kinderlime in its discretion chooses to cease providing the current version of the Service whether through discontinuation of the Service or by upgrading the Service to a newer version, the current version of the Service will be deprecated and become the Deprecated Version of the Service. Kinderlime will issue an announcement if the current version of the Service will be deprecated. For a period of 2 months after an announcement (the “Deprecation Period”), Kinderlime will use commercially reasonable efforts to continue to operate the Deprecated Version of the Service and to respond to problems with the Deprecated Version of the Service deemed by Kinderlime in its discretion to be critical. During the Deprecation Period, no new features will be added to the Deprecated Version of the Service. Kinderlime reserves the right in its discretion to cease providing all or any part of the Deprecated Version of the Service immediately without any notice if: (A) you have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Kinderlime is required to do so by law (for example, due to a change to the law governing the provision of the Deprecated Version of the Service); or (C) the Deprecated Version of the Service relies on data or services provided by a third party partner and the relationship with such partner (i) has expired or been terminated or (ii) requires Kinderlime to change the way Kinderlime provides the data or services through the Deprecated Version of the Service; or (D) providing the Deprecated Version of the Service could create a substantial economic burden as determined by Kinderlime in its reasonable good faith judgment; or (E) providing the Deprecated Version of the Service could create a security risk or material technical burden as determined by Kinderlime in its reasonable good faith judgment.
At any time prior to discontinuing the current version of the Service or upgrading to a new version of the Service, Kinderlime may, in its discretion as part of its continuing innovation to provide the best possible experience for its users, label certain features or functionality of the Service as “experimental” or “beta”. This Section 10.2 of the Terms will not apply to any features or functionality labeled as “experimental” or “beta”.
10.3 You may discontinue your use of the Service at any time provided you fulfill the commitments outlined in section 5. Kinderlime may, at any time, terminate your use of the Service if (A) you have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) Kinderlime is required to do so by law (for example, due to a change to the law governing the provision of the Service); or (C) the Service relies on data or services provided by a third party partner and the relationship with such partner (i) has expired or been terminated or (ii) requires Kinderlime to change the way Kinderlime provides the data or services through the Service; or (D) providing the Service could create a substantial economic burden as determined by Kinderlime in its reasonable good faith judgment; or (E) providing the Service could create a security risk or material technical burden as determined by Kinderlime in its reasonable good faith judgment.
10.4 If Kinderlime suspends or terminates your use of the Service with cause (or you voluntarily discontinue your use of the Service), you will have access to, and the ability to export, your Content for a period of ninety (90) days following such suspension or termination. Fees will continue to be assessed for usage of the Service during the 90 day period. Notwithstanding the foregoing, the rights set forth in this Section 10.4 are subject to your payment of any outstanding fees due upon and after termination for your use of the Service.
10.5 Upon any termination of the Service under Sections 4 or 10 , these Terms will also terminate, but Sections 6.1, 11, 12, 13, and 17 shall continue to be effective after these Terms are terminated.
11. EXCLUSION OF WARRANTIES
11.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT Kinderlime’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
11.3 Kinderlime, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Kinderlime, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE.12. Limitation of Liability
12.1 SUBJECT TO SECTION 11.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Kinderlime, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
12.2 THE LIMITATIONS ON Kinderlime’s LIABILITY TO YOU IN PARAGRAPH 12.1 ABOVE SHALL APPLY WHETHER OR NOT Kinderlime HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13.1 You agree to hold harmless and indemnify Kinderlime, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “Kinderlime and Partners”) from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Kinderlime will provide you with written notice of such claim, suit or action.
14. Policies Regarding Copyright and Trademarks
14.1 You agree to respect copyrights and trademarks per the applicable law and set up required processes to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act (“DMCA notices”).
15. Other Content
15.1 The Services may include hyperlinks to other web sites or content or resources or email content. Kinderlime may have no control over any web sites or resources which are provided by other companies or persons.15.2 You acknowledge and agree that Kinderlime is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
15.3 You acknowledge and agree that Kinderlime is not liable for any loss or damage which may be incurred by you or users of the Service as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.16. Changes to the Terms
16.1 Kinderlime may make changes to the Terms from time to time. When these changes are made, Kinderlime will make a new copy of the Terms available in the service.
16.2 You understand and agree that if you use the Service after the date on which the Terms have changed, Kinderlime will treat your use as acceptance of the updated Terms.
17. General Legal Terms
17.1 The Terms constitute the whole legal agreement between you and Kinderlime and govern your use of the Service (but excluding any services which Kinderlime may provide to you under a separate written agreement), and completely replace any prior agreements between you and Kinderlime in relation to the Service.
17.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
17.3 If Kinderlime provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
17.4 You agree that Kinderlime may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
17.5 You agree that if Kinderlime does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Kinderlime has the benefit of under any applicable law), this will not be taken to be a formal waiver of Kinderlime’s rights and that those rights or remedies will still be available to Kinderlime.
17.6 Kinderlime shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
17.7 Governing Law; Dispute Resolution
18. Billing Program Payment Terms
One of the services offered by Kinderlime is the Tuition and fee collection program described here (the “Tuition Program”). The Tuition Program provides the ability for schools and other educational institutions (“Schools”) to establish tuition, fees, and other miscellaneous payments (“Tuition Fees”) and enable parents and guardians of their students (“Parents”) to make Tuition Fee payments. Parents and Schools are collectively referred to herein as “Users” and the services provided by Schools to Parents (including, without limitation, tuition payment services through the Tuition Program) shall be referred to collectively as the “School Services”.
Kinderlime does not provide educational services, and Kinderlime is not a school or other educational institution. Kinderlime has no control over the quality of the School Services provided by Schools. Parents are solely responsible for determining whether to enroll their dependents in a School and whether to make payments to a School through the Tuition Program. Similarly, Schools are solely responsible for determining whether to elicit or accept payments from Parents through the Tuition Program. Each School Service transaction between a Parent and a School shall constitute a separate agreement between such persons.
By creating your User account and using the Tuition Program, you expressly acknowledge that you understand this Agreement and accept all of its terms. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Tuition Program.
As a Parent, you agree that any amounts charged by a School (each, a “Charge”) are established by the School in its sole discretion and, in some cases, may be mandatory. Charges include Tuition Fees and other applicable processing fees, surcharges, and taxes. You are responsible for reviewing the School’s tuition and fee policies and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof. Where required by law, Kinderlime will collect applicable taxes. As between you and Kinderlime, all Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Tuition Program, and any claim for a refund of any Charges is solely between you and the applicable School. Kinderlime may process refunds on behalf of Schools, but only if such refunds are initiated and approved by the applicable School.
Each time you initiate a new payment for any Charges, Kinderlime may seek authorization of your selected payment method to verify your payment method, ensure the entire amount of the Charge will be covered, and protect against unauthorized behavior. The authorization is not a Charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft or other charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
As a School, you will receive applicable Charges (net of Kinderlime’s Administrative Fee, as discussed below) paid by Parents through the Tuition Program. Kinderlime will process all payments due to you through its third-party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. Kinderlime reserves the right to withhold all or a portion of the Charges if it believes that you have attempted to defraud or abuse Kinderlime (including by taking any action in breach of Kinderlime’s Terms) or Kinderlime’s payment systems.
In exchange for permitting you to offer the School Services through the Tuition Program as a School, you agree to pay to Kinderlime (and permit Kinderlime to retain such amount from the Tuition Fees paid by Parents) a fee in the amount set forth on the Kinderlime website (the “Administrative Fee”). Administrative Fees are not refundable. In addition, Kinderlime will not refund Charges to Parents unless such refund is initiated and approved by the applicable School.
All Charges are facilitated through a third-party payment processing service. By registering your account and using the Tuition Program, you agree to the Stripe Connected Account Agreement. We may replace our third-party payment processing services without notice to you.
Appendix A: Terms
A.1 business days: Mon-Fri 9-5 Pacific Time, bank holidays excepted
A.2 notice in writing: Communication delivered by mail or e-mail
A.3 Active records: Records (students, accounts, etc) representing entities that are actively involved with the school