Terms of Service

Welcome to CheckInKids! Please read on to learn the rules and restrictions that govern your use of our website(s), applications, products, and services (collectively, the "Services"). If you have any questions, please contact us at info@checkinkids.com.

These Terms of Use ("Terms") are a binding contract between you and CheckInKids ("CheckInKids," "we," and "us"). You must agree to and accept all of the Terms, or you don't have the right to use the Services. Your use of the Services in any manner means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

Overview

CheckInKids offers software and services to registered users, which includes owners, staff members, and teachers ("Providers"), as well as Parents and Guardians ("Guardians") who are often associated with Providers. CheckInKids may also provide additional Services.

Will these Terms ever change?

We are always working to improve our Services, so these Terms may need to change from time to time. We reserve the right to change the Terms at any time. If we do, we will always post the latest terms at this web address: www.checkinkids.com/terms. You are responsible for knowing what the current Terms are.

If you don't agree with the new Terms, then you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

What about my privacy?

CheckInKids takes the privacy of its users very seriously. For the current CheckInKids Privacy Policy, please click here.

What are the basics of using CheckInKids?

You may be required to sign up for an account, and select a password and username ("CheckInKids User ID"). You promise to provide us with accurate and complete information about yourself. You may not select as your CheckInKids User ID a name that you don't have the right to use, or another person's name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract. If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms.

You will only use the Services for your own internal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. The Services are intended only to be used for daycare and childcare settings ("Intended Settings"), and you agree that you will only use the Services for the Intended Settings.

Your use of the Services is subject to the following additional restrictions:

You represent, warrant, and agree that you will not contribute any Content or User Submission or otherwise use the Services or interact with the Services in a manner that:

• Infringes or violates the intellectual property rights or any other rights of anyone else (including CheckInKids);
• Violates any law or regulation, including any applicable export control laws;
• Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• Jeopardizes the security of your CheckInKids account or anyone else's;
• Attempts, in any manner, to obtain the password, account, or other security information from any other user;
• Violates the security of any computer network, or cracks any passwords or security encryption codes;
• Runs any form of auto-responder or "spam" on the Services;
• "Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services;
• Decompiles, reverse engineers, or otherwise attempts to obtain the source code of the Services;
• Collects or stores any personal data from the Services from other users without their express permission.

What are my rights in CheckInKids?

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services.

You understand that CheckInKids owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services.

Do I have to grant any licenses to CheckInKids or to other users?

Anything you post, upload, share, store, or otherwise provide through the Services is your "User Submission." You retain all ownership rights in your User Submissions. For all User Submissions, you hereby grant CheckInKids a license to use, distribute, publicly display, publicly perform, create derivative works based upon, translate, modify and reproduce such User Submissions, in each case in connection with operating, improving and providing the Services.

Does CheckInKids cost anything?

Some of the CheckInKids Services may be provided for free. However certain aspects of the Services may require payment of a fee and you agree to pay such fees.

Subscriptions

If you purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, at the beginning of your Subscription and each month or year thereafter depending on your billing cycle. BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE CHECKINKIDS TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS.

Your enrollment will be automatically renewed on a monthly or annual basis. If you wish to cancel auto-renewal, you must notify CheckInKids within thirty (30) days prior to the auto-renewal date.

Cancelling Subscription

YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. You may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.

To cancel, you can send an email to info@checkinkids.com.

Payment Processing

CheckInKids uses Stripe to process payments. By using our payment features, you agree to the Stripe Connected Account Agreement. We may replace our third-party payment processing services without notice to you.

What if I want to stop using CheckInKids?

You're free to do that at any time, by contacting us at info@checkinkids.com; please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using our Services.

CheckInKids is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms.

Warranty Disclaimer

THE SERVICES AND CONTENT ARE PROVIDED BY CHECKINKIDS ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL CHECKINKIDS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES.

Indemnity

You agree to indemnify and hold CheckInKids, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages, losses and expenses arising from or in any way related to or connected with (a) your access to or use of the Services, (b) your User Submissions, (c) your violation of any third party's rights, and (d) your violation of these Terms.

Choice of Law

These Terms and any action related thereto will be governed by the laws of the State of Montana, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes will be the state and federal courts located in Montana.

Contact Information

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