Last Updated: September 12, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By accessing or using the Kiddo platform, you (“User”) agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must not use Kiddo. These Terms form a binding legal agreement between Greater Than Gravity LLC d/b/a Kiddo (“Kiddo,” “we,” or “us”) and you, the User. Kiddo provides a software-as-a-service platform for childcare waitlisting and enrollment management (the “Services”).
These Terms apply to two categories of Users:
Certain provisions of these Terms will apply differently to Centers and to Parents, and are clearly marked where applicable. Unless stated otherwise, all Users are covered by all general provisions of these Terms.
By using the Services (for example, by creating an account, submitting a waitlist application, or paying an enrollment fee through Kiddo), you confirm that you accept these Terms and our Privacy Policy (which is incorporated by reference). You also agree to any additional policies referenced herein (such as the Acceptable Use Policy and Cookie Policy), and if you are a Center, you agree to the terms of the Data Processing Agreement attached or linked to these Terms.
1. Accounts and Eligibility
1.1. Account Registration: To use Kiddo, Centers and Parents will need to create an account or be provided access by a Center. You agree to provide accurate, current, and complete information during registration and keep your account information updated. Centers may be required to provide organizational details and a billing contact. Parents may need to provide personal contact information and child information for enrollment purposes. You are responsible for maintaining the confidentiality of your account login credentials (username and password) and for all activities that occur under your account. You must promptly notify Kiddo of any unauthorized use of your account. Kiddo is not liable for any loss or damage arising from your failure to safeguard your credentials.
1.2. Eligibility Requirements: You represent that you are at least 18 years old (or the age of majority in your jurisdiction) and legally capable of entering into this agreement. Kiddo is intended only for adult use on behalf of children; children under 13 are not permitted to create accounts or use the Services directly. If you are a Parent, you may input information about your minor child(ren) into Kiddo, but you must do so as their parent or legal guardian and consent to such use. If you are a Center representative, you warrant that you have authority to agree to these Terms on behalf of your organization. No User may use Kiddo if barred by applicable law (for example, individuals on certain government denied-party lists cannot use export-sensitive software). Kiddo reserves the right to suspend or terminate accounts that violate eligibility or other requirements.
1.3. Account Types – Centers vs. Parents: Centers will generally have administrative accounts that allow them to create and manage waitlists, view applications, communicate with Parents, and charge fees. Parents will have accounts (or application profiles) that allow them to submit information to Centers, track application status, make payments, and receive communications. Centers are responsible for obtaining any consents from Parents needed to use Kiddo (for example, a Center should ensure it has a Parent’s permission to input a child’s data into Kiddo or to message a Parent via Kiddo). Parents are responsible for ensuring that any information they provide about a child is truthful and that they have the legal right to provide that information. (See Section 4 on Data Privacy for more details on roles and responsibilities regarding personal data.)
2. Services and License
2.1. Description of Services: Kiddo provides a cloud-based platform designed for childcare management, including tools for waitlist management, enrollment processing, parent communications (email/SMS notifications), and payment facilitation. Kiddo does not provide childcare services itself; it is a technology platform enabling Centers and Parents to connect. Kiddo may also offer related websites, mobile applications, or customer support channels as part of the “Services.” Any new features or tools which are added to the current Services will also be subject to these Terms.
2.2. License to Use: Subject to your compliance with these Terms, Kiddo grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business (if you are a Center) or personal (if you are a Parent) purposes. Centers may allow their authorized staff members to access the Center’s Kiddo account as “Authorized Users,” provided that the Center ensures each such person abides by these Terms. You shall not resell or commercialize the Services, nor represent that Kiddo is your own product. All rights not expressly granted to you are reserved by Kiddo and its licensors.
2.3. Upgrades and Changes: Kiddo is constantly improving the Services. We may add, remove, or update features from time to time. For major changes (such as removal of a core feature or a significant change to the interface), we will endeavor to provide Centers with notice (via email or in-app alert). Some new features may be offered as optional or premium upgrades, in which case Centers may need to agree to additional terms or pay additional fees to activate them.
2.4. Service Availability: Kiddo will use commercially reasonable efforts to ensure the Services are available with minimal interruptions. However, we do not guarantee 100% uptime. There may be occasional planned downtime for maintenance or unscheduled downtime due to technical issues. We will try to give advance notice of significant outages via our website or status page. We are not liable to you for any losses due to downtime or slow performance, but if Kiddo experiences a material, extended outage, Centers may contact us to discuss possible service credits or other remedies as outlined in any Service Level Agreement (if applicable to your subscription).
3. Fees, Payments, and Billing (Centers and Parents)
3.1. Subscription Fees for Centers: Centers may be required to pay subscription fees to use Kiddo, according to the plan and pricing they signed up for. Pricing and payment terms for Centers are either set forth on our website or in a separate order form or subscription agreement. By subscribing, Centers agree to pay the fees specified for the chosen plan (e.g., monthly or annual fees, fees per enrolled child, etc.). Unless otherwise stated, fees are in U.S. Dollars and are non-refundable (except as required by law or explicitly permitted by a special promotion or guarantee). Kiddo may increase subscription fees upon renewal, but will provide advance notice of any price increase so the Center can choose to cancel if desired before the new fees take effect.
3.2. Payment Processing and Stripe: Kiddo uses third-party payment processors to handle credit card charges, bank transfers, and other payment methods. Specifically, Kiddo relies on Stripe, Inc. (and its affiliates) to facilitate payments from Parents to Centers (for application fees, deposits, tuition, etc.). By using the payment features of Kiddo, you agree to comply with Stripe’s terms and conditions, including the Stripe Connected Account Agreement, and Stripe’s Privacy Policy. These terms are incorporated herein by reference. This means, for example, that Centers using Kiddo’s payment tools must meet Stripe’s requirements for account verification and allowable businesses, and Parents making payments may need to provide typical payment details that Stripe will process securely. Kiddo does not collect or store full payment card numbers; such sensitive financial data is sent directly to Stripe. We merely facilitate the transaction through our user interface.
3.3. Transaction Fees and Charges: If a Parent pays a fee to a Center via Kiddo, the Center may incur processing fees (e.g., Stripe’s transaction fees or Kiddo’s service fee if applicable). Centers authorize Kiddo to deduct any agreed platform fees or payment processor fees before remitting the net amount to the Center. Any such fees will be disclosed in our pricing or in the payment flow. Centers further agree that Kiddo is not liable for any payment disputes, chargebacks, or refunds related to payments a Parent makes to the Center – those are ultimately between the Center and Parent. However, Kiddo will reasonably assist in communicating or facilitating resolution if issues arise (for instance, providing transaction records or Stripe dispute information).
3.4. Parent Payment Authorizations: When a Parent makes a payment through Kiddo (for example, paying a waitlist fee or enrollment deposit), the Parent authorizes Kiddo and Stripe to charge the provided payment method for the amount due. Parents must provide current, valid payment information. All payments are subject to authorization and acceptance by the payment processor and the Center. If a payment is declined or later reversed (e.g., via chargeback), Kiddo reserves the right to block the Parent’s account until the issue is resolved, and the Center may revoke the associated service (such as removing the child from the waitlist or enrollment if non-payment cannot be resolved).
3.5. Refunds: Kiddo itself does not set refund policies for fees that Centers charge Parents (each Center may have its own refund policy for application or tuition fees). Any requests for refunds of payments made through Kiddo should be directed to the Center that received the payment. Kiddo will comply with lawful instructions from the Center regarding refunding a transaction (for example, if a Center authorizes a refund, Kiddo will facilitate the return of funds via Stripe to the original payment method when possible). Note that Stripe’s processing fees may be non-refundable in some cases, so refunded amounts might exclude those fees depending on Stripe’s policy.
3.6. Late Payments (Centers): If a Center fails to pay its subscription or any other fees due to Kiddo, Kiddo may, after notice, suspend or terminate the Center’s access to the Services. Late payments may accrue interest at the rate of 1% per month (or the highest rate allowed by law, if lower). Centers are responsible for all reasonable costs of collection on overdue amounts.
4. Data Privacy and Security
(See also Kiddo’s comprehensive Privacy Policy for more details on how we handle personal information.)
4.1. Privacy Policy: By using the Services, you acknowledge that you have read and understood Kiddo’s Privacy Policy (available on our website). The Privacy Policy explains how Kiddo collects, uses, and shares personal information from Users. It also describes rights that individuals may have under privacy laws (for example, rights of access or deletion). The Privacy Policy is incorporated into these Terms by reference. In the event of a conflict between these Terms and the Privacy Policy with respect to handling personal data, the Privacy Policy will govern.
4.2. Kiddo as a Service Provider/Processor: Important: When Kiddo processes personal data on behalf of a Center (for example, when a Parent submits an application to a specific childcare center through Kiddo, or when a Center uploads a list of families into Kiddo), Kiddo acts as a service provider under laws like CCPA or a data processor under GDPR. This means Kiddo will only use that data as permitted by the Center and the law – essentially to provide the Services. The Center is the party that collected the data from the Parent and is the “business” or “data controller” for that child/family data, while Kiddo is a “service provider”/“processor.” Accordingly, Kiddo’s Privacy Policy does not cover the handling of children’s enrollment data submitted to a Center – that data is governed by the Center’s privacy notices and policies. For instance, if a Parent wants to exercise privacy rights (like accessing or deleting their child’s information), they should direct that request to the Center, not Kiddo, and Kiddo will assist the Center as needed in fulfilling it.
To formalize these roles, Kiddo offers a Data Processing Agreement (DPA) (see attached) that is deemed incorporated for any Center using the Services. The DPA sets forth Kiddo’s obligations to protect personal data on behalf of Centers, including implementing security measures, assisting with data subject requests, and compliance with laws (GDPR, CCPA, etc.). Centers must comply with their own obligations (for example, providing any required privacy notices to Parents and obtaining necessary consents, such as parental consent for child data).
4.3. Kiddo as a Controller: In some cases, Kiddo may collect and use certain data for its own purposes, for example:
For such data, Kiddo is acting as a “controller” (or “business”) and will handle it in accordance with our Privacy Policy and applicable laws. We do not sell personal data to third parties. We may share data with service providers (subprocessors) to operate the Services (e.g., hosting on AWS, sending emails via an email service, SMS via a text messaging gateway), but always under contractual assurances of confidentiality and security.
4.4. Children’s Privacy: Kiddo is not directed to children under the age of 13, and children under 13 are not allowed to use Kiddo directly. We do not knowingly allow a child to create an account or provide personal information through the site on their own. Any child data in Kiddo is expected to be provided by a parent or by a Center with proper parental authorization. If we learn that we have collected personal information directly from a child under 13 without parental consent (for example, if a minor somehow creates an account misrepresenting their age), we will delete that information promptly in compliance with COPPA. Parents who use Kiddo on behalf of their child are effectively providing parental consent for Kiddo to process the child’s information for the purposes of the Services. Centers warrant that they have obtained consent from parents to input any child data into Kiddo as needed by applicable laws (e.g., COPPA in the U.S., or analogous requirements elsewhere). If you have concerns about data related to your child on Kiddo, please contact your childcare Center or Kiddo’s support (see Section 11 for contact info).
4.5. Data Security: Kiddo takes reasonable and appropriate measures to secure personal data within our systems. These include technical measures (encryption of data in transit and at rest, secure access controls, regular security testing) and organizational measures (employee training, limiting access to personal data to authorized personnel on a need-to-know basis). However, no system is perfectly secure and we cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials as noted in Section 1. If you become aware of any breach of security or unauthorized use of your account, you must notify us immediately. In the event of a data breach affecting personal data, Kiddo will notify affected Centers (and/or Users, as appropriate) in accordance with applicable law. For example, if Kiddo is a processor under GDPR and suffers a breach of “Guardian Personal Data,” Kiddo will notify the Center (controller) without undue delay so that the Center can fulfill any regulatory notification obligations. If Kiddo is directly responsible for User data (as a controller), and a breach triggers notification duties (such as those under state data breach laws or GDPR for our own data), we will notify individuals and regulators as required (often within 72 hours for GDPR-reportable breaches). Kiddo also commits to cooperating with Centers in investigating and remediating security incidents.
4.6. Data Retention: Kiddo will retain personal data collected or processed through the Services for as long as necessary to fulfill the purposes of the Service or as required by law. For example, we may retain a Parent’s account information while their child is on a waitlist or enrolled via Kiddo, and for a reasonable period thereafter in case the Parent returns or needs records (unless deletion is requested). We retain Center data for the duration of the subscription and any renewal, and may archive certain business records thereafter to comply with legal or financial obligations. When personal data is no longer needed, we will delete or anonymize it using secure methods. Centers can request deletion of specific data via the admin dashboard or by contacting Kiddo support, subject to any necessary backups or legal retention requirements on our end.
5. Acceptable Use Policy
Kiddo is intended to facilitate productive, safe interactions between childcare providers and families. All Users must use the Services responsibly and for lawful purposes only. By using Kiddo, you agree to the terms of our Acceptable Use Policy, which is hereby incorporated into these Terms. In summary, you shall not (and shall not enable or encourage any third party to) use Kiddo in a manner that:
This is not an exhaustive list; any conduct that we determine (in our reasonable discretion) to be abusive, unethical, or that could harm our Users, platform, or reputation may be deemed a violation of this Acceptable Use Policy. Kiddo may suspend or terminate accounts that engage in prohibited activities, and may remove or disable any offending content. We may also cooperate with law enforcement or regulators in case of serious violations, particularly involving the safety of children.
6. User Content and Licensing
6.1. Your Content: In the course of using Kiddo, Users (especially Centers) may input or upload content into the platform. “User Content” means any text, images, files, or other materials that you provide or generate through the Service. For example, a Center might upload a logo or center description; a Parent might fill out forms with personal details and perhaps attach documents (like immunization records). As between you and Kiddo, you retain ownership of any intellectual property rights in the User Content you submit. These Terms do not give Kiddo ownership of your content.
6.2. License to Kiddo: You hereby grant Kiddo a limited license to use, copy, store, transmit, and display your User Content only as necessary to provide the Services. For example, we need to process and display a parent’s application data to the intended Center, back up the data on our servers, and possibly transmit certain data to third-party services integral to our platform (like sending an email or text that contains your content). This license is non-exclusive, worldwide, sublicensable (solely to our service providers as needed), royalty-free, and coextensive with the period you use our Services. We will not use your content for any purpose outside the scope of operating and improving Kiddo without your permission. In particular, we do not sell or publish your personal User Content for others. Some aggregate or de-identified data may be used as described in the Privacy Policy (e.g., to analyze usage trends), but personal information is handled according to Section 4 above.
6.3. Responsibility for Content: You represent and warrant that you have all necessary rights and consents to provide the User Content that you submit, and to grant Kiddo the license above. This means, for example, if you upload a document that contains a third party’s information, you have obtained the third party’s permission or it is otherwise lawful (the Privacy Policy and DPA further clarify data consent responsibilities). You also promise that none of your User Content violates the Acceptable Use Policy or any law (no infringing, illegal, or harmful content). Kiddo is not responsible for any User Content posted by you or any other user, and we do not endorse any user-provided material. We do not routinely monitor content, but we reserve the right to remove or edit any User Content that we believe violates these Terms or poses risk.
6.4. Publicity and Testimonials: Kiddo may seek permission to use your feedback, testimonials, or logos for marketing. Centers, for example, might agree to let us list their name or logo on our website as a customer. Such use will be subject to separate permission – by default, nothing in these Terms grants Kiddo the right to use a Center’s trademarks or a Parent’s likeness in marketing without consent. If you choose to share a success story or testimonial with us, we may ask for a release at that time.
7. Intellectual Property Rights
7.1. Kiddo’s Intellectual Property: The Kiddo platform (including all software, code, design, logos, and content we provide) is protected by intellectual property laws. Kiddo (or our licensors) retain all right, title, and interest in and to the Services and all associated IP. You shall not: copy, modify, distribute, or create derivative works based on any portion of the Services; decompile or reverse engineer any software provided by Kiddo; or use Kiddo’s trademarks or branding without our prior written consent. Centers and Parents may use Kiddo’s name and logo as necessary to truthfully identify the Service (e.g., a Parent might say “submitted via Kiddo”), but not in any way that implies endorsement or partnership.
7.2. Feedback: If you provide suggestions, ideas, or feedback to Kiddo about the Services (“Feedback”), Kiddo may use and implement that Feedback without any obligation to you. You hereby grant Kiddo a perpetual, irrevocable, sublicensable license to use all Feedback for any purpose. (This helps us improve the product – we will not treat general product suggestions as your confidential information or IP.)
7.3. Third-Party Materials: The Services may include or interoperate with third-party software or content (for example, perhaps a mapping API to show a center’s location, or integration with a third-party curriculum provider). Use of such third-party materials may be subject to separate terms from those third parties. We will provide links or information about such terms where feasible, and by using those features you agree to comply with the third-party terms. We are not responsible for content or services provided by third parties.
8. Disclaimers
8.1. “As-Is” Service: Kiddo is provided on an “AS IS” and “AS AVAILABLE” basis. While we strive to make the Services valuable and reliable, we disclaim any warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Services will meet your specific needs, achieve any particular results, operate without interruption, or be error-free. Use of Kiddo is at your own risk. You acknowledge that data transmitted via Kiddo may not be 100% secure despite our protections, and that things like downtime or data loss could occur (though we certainly try to prevent them).
8.2. No Guarantee of Childcare Placement or Quality: Kiddo is a neutral platform that facilitates connections and information exchange between Centers and Parents. Kiddo does not provide childcare services, and makes no representations or warranties about any childcare center’s quality, licensing, availability, or suitability. Any descriptions of Centers on Kiddo (such as profiles or availability data) are provided by the Centers or derived from their inputs. Kiddo does not independently verify most of this information. Parents are solely responsible for evaluating and selecting a childcare provider for their child. Likewise, Centers are solely responsible for assessing the suitability of a family/child for their program. Kiddo cannot and does not guarantee that a Parent will get a spot at a desired Center, or that a Center will fill all openings with suitable families via Kiddo. All arrangements for childcare (enrollment agreements, fee arrangements, schedules, and the actual care of children) are strictly between Parents and Centers, and outside the scope of these Terms. Kiddo simply provides software tools to aid in the process.
8.3. No Other Commitments: Kiddo does not guarantee any specific results from using the platform (e.g., increase in a Center’s enrollment or a Parent finding childcare by a certain date). Any support or advice given by Kiddo staff is informational only; Users should exercise independent judgment. We do not warrant that communications sent through Kiddo (emails, texts) will be delivered in every case or within a certain timeframe – for instance, third-party carrier issues or spam filters may interfere. However, we will make good faith efforts to route communications appropriately.
8.4. Not Professional Advice: The content available through the Service (such as blog articles, FAQs, or templates) is for general informational purposes. It is not legal, financial, or childcare licensing advice. Users should consult their own advisors for guidance on compliance or other professional matters.
8.5. Jurisdictional Exclusions: Some jurisdictions do not allow certain warranty exclusions. For instance, if you are using Kiddo in a jurisdiction that provides specific consumer rights, our disclaimers are intended to be enforceable to the fullest extent permitted, but you may have statutory rights that provide additional protections.
9. Limitation of Liability
9.1. Types of Damages: To the maximum extent allowed by law, Kiddo (and its owners, officers, employees, and affiliates) will not be liable to you for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, damages for lost profits or revenues, loss of data, loss of goodwill, or the cost of substitute services – even if Kiddo was advised of the possibility of such damages. We are also not responsible for any business interruption or losses arising from your inability to use the Services.
9.2. Amount of Damages: To the extent any liability is found despite the above, the total liability of Kiddo for all claims relating to the Services or these Terms is limited to the amount actually paid by you to Kiddo in the 12 months preceding the event giving rise to liability (or $100 USD if no fees were paid). For example, if you are a Parent using the free aspects of Kiddo and you have not paid Kiddo any fee, Kiddo’s liability would be capped at $100. If you are a Center and have paid $500 in subscription fees in the last year, our aggregate liability would be capped at $500. This limitation applies to all causes of action in the aggregate (not per claim).
9.3. Specific Disclaimers of Liability: Kiddo is not liable for the actions or omissions of third parties, including other Users (Centers or Parents) or external service providers. That means:
9.4. Exceptions: Some laws may not allow the exclusion or limitation of certain damages. For example, certain consumer protection laws might give you non-waivable rights. Also, the above limitations do not apply to gross negligence or willful misconduct by Kiddo, or death or personal injury caused by our negligence, or any other liability that cannot be excluded by law (for instance, a jurisdiction might not allow us to limit liability for fraud). However, to the extent we are permitted to limit our liability, we do so as stated above.
10. Indemnification
10.1. By Centers: Centers agree to indemnify, defend, and hold harmless Kiddo and its officers, directors, employees, and agents from and against any and all third-party claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or related to: (a) the Center’s use of the Services (including any acts or omissions by the Center’s staff or Authorized Users); (b) the Center’s provision of childcare services or dealings with Parents (for example, any claim related to an incident at the Center, or a dispute over fees or refunds, or allegations that the Center misused personal data from Kiddo); (c) the Center’s breach of these Terms or violation of any law or rights of a third party; or (d) any content or data uploaded by the Center to Kiddo that infringes or violates someone’s rights. In plain language: a Center will protect Kiddo from being sued or incurring losses due to the Center’s wrongdoing or problems in the Center’s own business.
10.2. By Parents: Parents (and other individual Users) also agree to indemnify, defend, and hold harmless Kiddo and its affiliates and agents from any third-party claims and liabilities arising out of the Parent’s use of the Service or breach of these Terms. While Parents typically have limited usage, this indemnity would cover, for example, a Parent misusing another family’s data, or using the platform in a way that causes Kiddo to be sued by someone else due to the Parent’s conduct.
10.3. Procedure: If Kiddo seeks indemnification under this Section, we will: (i) promptly notify you of the claim (provided that a delay in notification does not relieve your obligations except to the extent you are prejudiced by the delay); (ii) permit you to control the defense and settlement of the claim, provided that any settlement that admits liability or imposes obligations on Kiddo will require Kiddo’s prior written consent; and (iii) cooperate with you in the defense (at your expense). Kiddo reserves the right to participate in the defense with counsel of its own choosing, at its own expense (or at your expense, to the extent the claim alleges your joint responsibility). The indemnifying party shall not settle any claim in a manner that imposes non-monetary obligations on the indemnified parties or admits any fault of the indemnified parties without written consent.
11. Modifications to Terms
11.1. Right to Modify: Kiddo may update or revise these Terms from time to time. We are always working to improve our Services, so we might add new features or need to address new legal requirements, which could necessitate changes to the Terms. We reserve the right to change these Terms at any time in our sole discretion. If we do so, we will provide notice of the changes by posting the updated Terms with a new “Last Updated” date at the top, and if the changes are material, by additional means such as an email to account holders or a prominent notice within the app.
11.2. Acceptance of Changes: Once new Terms are posted, they will be effective immediately (or on the effective date stated in the notice). If you continue to use Kiddo after the Terms change, that continued use constitutes your acceptance of the revised Terms. If you do not agree to a change, you must stop using the Services and (if you are a Center) arrange to export your data and terminate your account. We encourage you to review the Terms periodically to ensure you understand the current agreement between you and Kiddo. Note: Except for changes made by Kiddo as described here, no other amendment or modification of these Terms will be valid unless in writing and signed by both you and Kiddo.
12. Term and Termination
12.1. Term: These Terms are effective from the moment you first accept them (such as by creating an account or otherwise indicating acceptance) and will continue in effect until terminated by either party as permitted below.
12.2. Termination by Centers: A Center may terminate its subscription and these Terms for convenience by providing notice to Kiddo (per any notice requirements in the subscription or order form). If a Center terminates before the end of a prepaid term, any refunds, if applicable, will be handled per the subscription agreement or at Kiddo’s discretion. Termination of the account will result in deactivation of access for all of the Center’s users and removal of the Center’s data (after any retention period). Centers should download any needed data prior to termination.
12.3. Termination by Parents: A Parent may stop using Kiddo at any time (for example, by deleting their account if that functionality is available, or by contacting us to delete it). Keep in mind that if your child is actively on a waitlist or enrolled at a Center via Kiddo, deleting your account may impact the Center’s ability to contact you. We recommend also notifying the Center if you choose to leave Kiddo. Even if a Parent’s account is deleted, a Center might retain certain information about the Parent/child in their own records (or within Kiddo’s system as part of the Center’s data) as required or permitted by law – see the Privacy Policy and DPA for details.
12.4. Termination/Suspension by Kiddo: Kiddo may suspend or terminate your access if: (a) you materially breach these Terms or violate the Acceptable Use Policy; (b) we are required to do so to comply with law or at the request of government authorities; or (c) in our reasonable judgment, continued provision of the Service to you is likely to cause harm to the platform or other users (for example, hacking attempts, fraudulent activity, etc.). For less serious issues or suspected violations, we will typically issue a warning or contact you to resolve the matter before termination. However, for severe breaches or if required by law, we may suspend/terminate immediately. Kiddo shall not be liable for any damages resulting from a termination due to your misconduct. Additionally, if we discontinue the Service entirely (e.g., company shuts down), we will provide as much notice as reasonably possible to all Centers and facilitate data export.
12.5. Effect of Termination: Upon termination of these Terms for any reason, your right to access and use the Services will immediately end. We will deactivate your accounts. Any data associated with your account will be handled as described in the Privacy Policy or DPA (generally, deletion or return of data in the case of a Center, subject to any retention rights). Sections of these Terms that by their nature should survive termination (such as indemnities, disclaimers, limitations of liability, accrued payment obligations, and governing law/dispute provisions) will survive.
13. Governing Law and Dispute Resolution
13.1. Governing Law: These Terms and any disputes arising out of or related to them or the Services will be governed by the laws of the State of Washington, USA, without regard to its conflict of laws principles. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
13.2. Jurisdiction and Venue: Except to the extent that arbitration is elected as provided below (if applicable), any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in King County, Washington. Both you and Kiddo consent to the personal jurisdiction and venue in those courts, and waive any objection to such jurisdiction or venue (though we retain the right to seek injunctive relief in any competent jurisdiction if necessary to protect our interests).
13.3. Arbitration (Optional): At Kiddo’s option, and to the extent permitted by law, Kiddo may elect to resolve any dispute, claim, or controversy relating to these Terms or the Services by binding arbitration instead of court, with the exception of equitable relief as noted below. If Kiddo chooses arbitration, it will be conducted by a neutral arbitrator in Washington State, under the rules of a recognized arbitration provider (e.g., JAMS or AAA). The decision of the arbitrator will be final and may be entered as a judgment in any court of competent jurisdiction. Each party will bear its own costs in any arbitration, and the parties agree not to pursue class or collective actions – any arbitration will be individual only. If arbitration is chosen, you still have the right to opt out of arbitration within 30 days of first agreeing to these Terms by contacting us in writing and stating that you decline arbitration. [This arbitration clause is included as an option, but Kiddo may also choose to rely on courts for dispute resolution.]
13.4. Injunctive Relief: Notwithstanding the above, nothing in these Terms prevents either party from seeking injunctive or other equitable relief in a court of law to prevent (or enjoin) the actual or threatened infringement of a party’s intellectual property, unauthorized access to data, or other breaches of confidentiality/security, since such issues may cause irreparable harm not readily compensable by damages.
13.5. Legal Fees: In any dispute between Kiddo and a Center or other business user, if one party prevails (wins) in a court or arbitration, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs from the other party. For consumer users (Parents), attorneys’ fee shifting will follow applicable law (some consumer protection laws allow fees for prevailing consumers, etc.).
14. Miscellaneous
14.1. Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, Data Processing Agreement, and any other policies or addenda referenced herein, constitute the entire agreement between you and Kiddo concerning the Services. They supersede all prior or contemporaneous agreements, proposals or representations, written or oral, concerning their subject matter. However, note that if a Center has a separately negotiated and signed master agreement with Kiddo, that signed agreement may supersede these online Terms to the extent of any conflict (typically, these online Terms are intended for click-through acceptance in the absence of a separately signed contract).
14.2. Changes to Business: If Kiddo is involved in a merger, acquisition, reorganization, or sale of assets, your agreement to these Terms and any consents you have given (e.g., to communications) will transfer to the successor entity. We will notify users of any such business transition as required by law.
14.3. No Agency: Using Kiddo does not make you an agent, partner, joint venturer, or employee of Kiddo. Centers and Kiddo are independent contracting parties; the same is true for Parents and Kiddo. Kiddo is not a representative of any Center, and no joint venture or franchise is created by these Terms.
14.4. No Third-Party Beneficiaries: These Terms are for the benefit of you and Kiddo (and permitted successors/assigns). They are not intended to confer any rights or benefits on any third party (except indemnified parties under Section 10, and Kiddo’s affiliates as stated). A Parent’s child is not a third-party beneficiary of these Terms, because the Parent is the contracting party on the child’s behalf.
14.5. Assignment: You may not assign or transfer any rights or obligations under these Terms without Kiddo’s prior written consent. Any attempted assignment by you (for example, a Center trying to transfer its account to a new owner without permission) will be null and void. Kiddo may assign these Terms or delegate its obligations freely to an affiliate or in connection with a merger or acquisition, or other transfer of ownership of the Service.
14.6. Severability: If any provision of these Terms is held by a court or arbitrator to be invalid or unenforceable, that provision will be construed to reflect the parties’ intention (if possible) or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect.
14.7. Waiver: Kiddo’s failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing to be effective. Similarly, course of conduct or trade practice will not modify these Terms.
14.8. Notices: Kiddo may provide notices to you by email, postal mail, through notifications within the Service, or by posting on our website, as determined appropriate. You agree that such notices satisfy any legal requirement that communications be in writing. It is your responsibility to keep your contact information (especially email) up to date so that you can receive notices. You may provide notices to Kiddo by email at the contact address below or by physical mail to our registered address (available on our website). Electronic notices are deemed received 24 hours after sending if no bounce-back is received.
14.9. Contact Information: If you have any questions or concerns about these Terms or the Kiddo Services, you can contact us at:
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