Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Kindery ("Company", "we", "us", or "our"), concerning your access to and use of the Kindery website and services (collectively, the "Services").

By accessing or using the Services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

2. Description of Services

Kindery provides a cloud-based childcare management platform that helps childcare facilities streamline their operations. Our Services include but are not limited to:

• Child enrollment and attendance tracking
• Parent communication tools
• Staff management and scheduling
• Billing and payment processing
• Reporting and analytics
• Document storage and management
• Other features as described on our website

3. User Registration and Account

To access certain features of the Services, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Immediately notify us of any unauthorized use of your account
• Be responsible for all activities that occur under your account

We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

4. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable local, state, national, or international law
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• Submit false or misleading information
• Upload or transmit viruses or any other type of malicious code
• Engage in unauthorized framing of or linking to the Services
• Interfere with, disrupt, or create an undue burden on the Services or the networks connected to the Services
• Attempt to impersonate another user or person or use the username of another user
• Sell or otherwise transfer your account
• Use any information obtained from the Services to harass, abuse, or harm another person
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Engage in any automated use of the system, such as using scripts to send comments or messages

5. Subscription and Payment Terms

Billing: Our Services are offered on a subscription basis. You agree to pay all fees or charges to your account based on the pricing and payment terms in effect at the time a fee or charge is due and payable.

Subscription Plans: We offer various subscription plans with different features and pricing. You can view current plans and pricing on our website.

Auto-Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

Price Changes: We reserve the right to modify our pricing structure. We will provide you with reasonable notice of any price changes.

Refunds: Except as required by law, all fees are non-refundable. We may offer refunds on a case-by-case basis at our sole discretion.

6. Cancellation and Termination

Your Right to Cancel: You may cancel your subscription at any time. Cancellations will take effect at the end of the current billing period.

Our Right to Terminate: We may suspend or terminate your access to the Services immediately, without prior notice or liability, if you breach these Terms or for any other reason.

Effect of Termination: Upon termination, your right to use the Services will immediately cease. We will provide you with the ability to export your data for a reasonable period after termination.

7. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Kindery, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You retain ownership of all content and data you submit to the Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely for the purpose of providing the Services to you.

8. Data Privacy and Security

We take data privacy and security seriously. Our collection and use of personal information in connection with your access to and use of the Services is described in our Privacy Policy.

You are responsible for maintaining the confidentiality of any data you input into the Services, including sensitive information about children in your care. You must comply with all applicable laws regarding data privacy and child protection.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINDERY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS 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 Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold harmless Kindery and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Kindery is incorporated, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. 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 Services after those revisions become effective, you agree to be bound by the revised terms.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Kindery regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

16. Contact Information

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

• By email: legal@kindery.app
• By visiting our website: www.kindery.app/contact