Terms of Service

These Terms were last updated on 20-Dec-2016, and are effective as of 21-Dec-2016.

By using the "www.daycareiq.com" or "kidgenius.daycareiq.com" or "www.trykidgenius.com" web sites ("The Service", "Our Site"), or any services of DaycareIQ ("We", "Us", "The Company"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

If We make material changes to these Terms, We will notify you by posting a notice on Our Site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of The Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: "https://kidgenius.daycareiq.com/terms" for KidGenius, and "https://www.daycareiq.com/terms" for DaycareIQ.

Violation of any of the terms below will result in the termination of your Account. While We prohibit such conduct and Content on The Service, you understand and agree that We cannot be responsible for the Content posted on The Service and you nonetheless may be exposed to such materials. You agree to use The Service at your own risk.

Account Terms

  • You must be 13 years or older to use this Service.
  • You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  • You must provide a valid email address, and any other information requested in order to complete the signup process.
  • You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  • You may not use The Service for any illegal or unauthorized purpose. You must not, in the use of The Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

Payment, Refunds, Upgrading and Downgrading Terms

All paid plans must enter a valid payment account once the free trial period has expired.

For monthly payment plans, The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Cancellation and Termination

You are solely responsible for properly canceling your account. We require that you contact Us directly to cancel your account so that We can be sure you have any data you need prior to deletion. All of your Content will be immediately deleted from The Service upon cancellation, and any of your data that you request will be transferred to you electronically. If provincial/state regulations require that this data be stored for a period of time, you will become the sole owner of that data and responsible for maintaining it as per provincial/state regulations. This information can not be recovered once your account is cancelled.

If you cancel The Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

We, at our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of The Service, or any other of our services, for any reason at any time. Such termination of The Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.

Modifications to The Service and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, The Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to The Service, are subject to change upon 30 days notice from The Company. Such notice may be provided at any time by posting the changes to the Site or The Service itself.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of The Service.

Copyright and Content Ownership

We do not pre-screen Content, but We and our designees have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via The Service.

You shall defend The Company against any claim, demand, suit or proceeding made or brought against The Company by a third-party alleging that Your Content, or Your use of The Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify The Company for any damages finally awarded against, and for reasonable attorney’s fees incurred by The Company in connection with any such claim, demand, suit or proceeding; provided, that We (a) promptly give You written notice of the claim, demand, suit or proceeding; (b) give You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases The Company of all liability); and (c) provides to You all reasonable assistance, at Your expense.

The look and feel of The Service is copyright of The Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from The Company.

General Conditions

Your use of The Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

Support for our services is only available in English, via email.

You understand that We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run The Service.

You must not modify, adapt or hack The Service or modify another website so as to falsely imply that it is associated with The Service, or any Service/Website provided by The Company.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of The Service, use of The Service, or access to The Service without the express written permission from The Company.

We may, but have no obligation to, remove Content and Accounts containing Content that We determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of The Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

You must not transmit any worms or viruses or any code of a destructive nature.

We do not warrant that (i) The Service will meet your specific requirements, (ii) The Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of The Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through The Service will meet your expectations, and (v) any errors in The Service will be corrected.

We do not guarantee that data (including photos) will be stored for any specific period of time. Photos may be deleted at our discretion if We so require.

You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use The Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from The Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on The Service; (v) or any other matter relating to The Service.

The failure of The Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The Company and govern your use of The Service, superseding any prior agreements between you and The Company (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of The Service are governed under Alberta law.

KidGenius acts as a data storage and communications platform for enabling the connection between Parents and Child Care Providers. We do not screen or censor the data Child Care Providers input into the system. All users including both Parent and Child Care Providers do hereby represent, understand and expressly agree that We do not have control over the quality, timing, safety, legality or any other aspect whatsoever of the truth or accuracy of the information posted, the services actually delivered by the Child Care Providers, nor the integrity, or responsibility for any of the actions whatsoever of the Parents.

Further, We make no representations or warranties as to the online availability of its website and database. We will not be responsible in any way for the availability of the website services and information.

We will not moderate any information posted by any User on the Website except for circumstances where information is drawn to the attention of The Company as inappopriate by a User.

The Child Care Provider releases The Company, its successors and assigns, as well as its officers and agents, from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which they may have, or but for this Agreement would or might at any time hereafter have or have had against The Company in respect of, arising out of or resulting from the actions of The Company or the release of the Providers's personal information on the Website.

The Child Care Providers agree that the We shall not be liable to the Provider or to any other person, for incidental or consequential losses, damages, or expenses, directly or indirectly arising from any action or omission by either a Parent, an Agency or The Company.

The Provider acknowledges that under no circumstances shall The Company be liable for the Providers's fees.

API Terms

Should We choose to provide an API (Application Program Interface), customers may access some of their data from The Service via an API. Any use of the API, including use of the API through a third-party product that accesses The Service, is bound by these Terms of Service plus the following specific terms:

  • You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
  • Abuse or excessively frequent requests to The Service via the API may result in the temporary or permanent suspension of your account's access to the API. The company, in its sole discretion, will determine abuse or excessive usage of the API. The company will make a reasonable attempt via email to warn the account owner prior to suspension.
  • We reserve the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
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