PlanMyKids Business Terms
Last Updated: January 13, 2022
These Business Terms of Service (“Business Terms”) create a legally binding agreement made between PlanMyKids, Inc., located in Raleigh, North Carolina ("PlanMyKids," "we", "us" or “our''), and your organization (“you”, “your”), concerning your access to and use of the online services, website, and software provided in connection with our services (collectively the "Service" or “Services”). By clicking “I agree”, you are accepting these Business Terms of Service (“Business Terms”). These Business Terms apply to all providers and their employees who access the Service to provide programs (“Program Providers”), post the activities that their Program Providers offer (“Program Activities”), upload content about their Program Activities (“Provider Content”), enroll kids, and receive payments as described below. We have tried to make the Business Terms simple and fair, but if you do not agree with them, please feel free to make a request which we will review for future adoption to our Terms. Until such time, we kindly ask you to accept our terms or not use our service.
Registration
In order to use the Service to post Program Activities, upload Provider Content, enroll kids, and receive payments, you must register as a Program Provider. You agree that all information that you provide to Us and/or via the Services is accurate, true, and complete to the best of your knowledge. We will evaluate your registration in good faith and will, at our sole discretion, accept or reject your registration and notify you of such outcomes. As long as you are accurate, true, and complete, and your program does not (i) promote Program Activities unrelated to our Service; (ii) promote illegal, harmful, or offensive Program Activities; or (iii) disagree with the technical specification of our Service, all systems should be a go! The acceptance of your program constitutes a completed registration (“Registered”).
Provider Content
You are solely responsible for Provider Content that you submit or upload while using the Service. By using the Service to provide Provider Content you represent and warrant that: (i) you have all the necessary rights to your content; (ii) you are not infringing or violating any third party's rights, including intellectual property rights and privacy rights; (iii) the content complies with applicable laws; and (iv) and does not contain any confidential, proprietary, or personal information that should not be shared with the public. We reserve the right to remove any Provider Content that, in our sole discretion, we determine is abusive, threatening, defamatory, obscene, vulgar, false, misleading, fraudulent, deceptive, or in violation of any other part of these Business Terms. So be good!
Now that we know you own your content, we want to inform you that by using the Service to provide Provider Content we're going to put it to work. Break out the sweat bands. As such, grant us an irrevocable, world-wide, perpetual, non-exclusive, non-exclusive, royalty-free, assignable, sublicensable, transferable right to use your Provider Content for the purposes of, but not limited to, store, copy, publicly display, reproduce, distribute, edit, modify, analyze, remove, commercialize, and prepare derivative works of Provider Content.
You are solely responsible for Provider Content that you submit or upload while using the Service. By using the Service to provide Provider Content you represent and warrant that: (i) you have all the necessary rights to your content; (ii) you are not infringing or violating any third party's rights, including intellectual property rights and privacy rights; (iii) the content complies with applicable laws; and (iv) and does not contain any confidential, proprietary, or personal information that should not be shared with the public. We reserve the right to remove any Provider Content that, in our sole discretion, we determine is abusive, threatening, defamatory, obscene, vulgar, false, misleading, fraudulent, deceptive, or in violation of any other part of these Business Terms. So be good!
Now that we know you own your content, we want to inform you that by using the Service to provide Provider Content we're going to put it to work. Break out the sweat bands. As such, grant us an irrevocable, world-wide, perpetual, non-exclusive, non-exclusive, royalty-free, assignable, sublicensable, transferable right to use your Provider Content for the purposes of, but not limited to, store, copy, publicly display, reproduce, distribute, edit, modify, analyze, remove, commercialize, and prepare derivative works of Provider Content.
Enrollment
As a Registered Program Provider, you are allowing us to enroll users to your Program Activities on your behalf. To celebrate with you, when a user enrolls through the Service, we will notify you with relevant user information (such as name, email address, home address, child name and age) for your internal use to register the user for the correlating Program Activities only.
As a Registered Program Provider, you are allowing us to enroll users to your Program Activities on your behalf. To celebrate with you, when a user enrolls through the Service, we will notify you with relevant user information (such as name, email address, home address, child name and age) for your internal use to register the user for the correlating Program Activities only.
Eligibility
To use our Service you represent that you are at least 18 years old or of legal age in your jurisdiction (if different than 18) to form a binding contract or you have received permission from a parent or legal guardian who agrees to these Terms. Any use of our Service by anyone under 13 years of age is strictly prohibited and in violation of these Terms. If you're under 13 years of age, stop now and go tell your parents about us.
Payment and Fees
Payments for Program Activities (“Payments”) paid to Program Providers are facilitated by our Payment Provider, Stripe, Inc. (“Stripe”), and are subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”) for enabling a Stripe Connect account (“Stripe Account”). By agreeing to these Terms of Business, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time, for the duration of this Agreement. As a condition of us enabling Payments to Program Providers with Stripe, you agree to provide us accurate and complete information about you and your business, and you authorize us to share such information and transaction information related to your use of these Payments with Stripe.
As a Registered Program Provider with an enabled Stripe Account, you agree to the fees and charges associated with processing Payments (“Service Fees” or “Fees”). We may add new services for for additional Fees or charges, add or amend Fees or charges for existing Services at any time, and, in our sole discretion, upon at least thirty (30) days notice prior to any Fees or charges becoming effective.
In consideration for the use of our Services, PlanMyKids will retain a percentage(%) of all enrollments to Program Activities booked via the Service at a rate of 10% plus any applicable Stripe Payment Fees and sales tax.
Registered Program Providers with an enabled Stripe Account will receive payments for their enrolled Provider Activities via direct deposit through the Stripe Account, minus the Service Fee. Direct deposits will occur in accordance with the Stripe Account policies which, by default, are on a daily rolling basis..
As a Registered Program Provider with an enabled Stripe Account, you agree to the fees and charges associated with processing Payments (“Service Fees” or “Fees”). We may add new services for for additional Fees or charges, add or amend Fees or charges for existing Services at any time, and, in our sole discretion, upon at least thirty (30) days notice prior to any Fees or charges becoming effective.
In consideration for the use of our Services, PlanMyKids will retain a percentage(%) of all enrollments to Program Activities booked via the Service at a rate of 10% plus any applicable Stripe Payment Fees and sales tax.
Registered Program Providers with an enabled Stripe Account will receive payments for their enrolled Provider Activities via direct deposit through the Stripe Account, minus the Service Fee. Direct deposits will occur in accordance with the Stripe Account policies which, by default, are on a daily rolling basis..
Cancellations and Refunds of Providers
Program Providers must have in place an appropriate policy and procedure regarding cancellations and refunds which must be available to users prior to their enrollment in your Provider Activities. We understand that things happen, but any refunds resulting in a cancellation is between the Program Provider and the enrolled user.
Program Providers must have in place an appropriate policy and procedure regarding cancellations and refunds which must be available to users prior to their enrollment in your Provider Activities. We understand that things happen, but any refunds resulting in a cancellation is between the Program Provider and the enrolled user.
Feedback
We want to hear from you. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against PlanMyKids and its users any claims and assertions of any moral rights contained in such Feedback.
We want to hear from you. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against PlanMyKids and its users any claims and assertions of any moral rights contained in such Feedback.
Term and Termination
The term of these Business Terms commences upon your registration for the Services and remains in effect for the term of your use of the Services. Upon termination, your access to the Service and any information stored by the Service will also terminate. PlanMyKids may terminate this Agreement at any time upon 30 days'prior written notice for its convenience.
We may immediately, without notice, suspend or terminate your access to the Services and terminate these Business Terms for any of the following reasons: (a) you breach any provision of these Business Terms; (b) you seek to hack the security mechanisms of the Services or we otherwise determine that your use of the Services poses a security risk to us or to another user of the Service; (c) you introduce a malicious program into the network or a virtual machine instance; (d) you cause network interference that affects Services performance for other customers; (e) you use the Services in a way that we determine, in our sole discretion, is abusive or disrupts or threatens the performance or availability of the Service; or (e) we receive notice or we otherwise determine, in our sole discretion, that you may be using the Services for an illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party.
If these Business Terms are terminated for any reason: (i) you will pay to PlanMyKids any fees or other amounts that have accrued prior to the effective date of the termination; (ii) any and all liabilities accrued prior to the effective date of the termination will survive; and (iii) the Sections of these Business Terms that are understood to extend beyond termination will survive. Following termination and upon your request and subject to any specific restrictions applicable to you or your data, PlanMyKids will make reasonable efforts to export and provide to you in electronic format the information you have uploaded to the Service (service fees may apply), but PlanMyKids is not obligated to retain that information following any termination and makes no representation to the integrity, completeness or timeliness of any data so exported.
We may immediately, without notice, suspend or terminate your access to the Services and terminate these Business Terms for any of the following reasons: (a) you breach any provision of these Business Terms; (b) you seek to hack the security mechanisms of the Services or we otherwise determine that your use of the Services poses a security risk to us or to another user of the Service; (c) you introduce a malicious program into the network or a virtual machine instance; (d) you cause network interference that affects Services performance for other customers; (e) you use the Services in a way that we determine, in our sole discretion, is abusive or disrupts or threatens the performance or availability of the Service; or (e) we receive notice or we otherwise determine, in our sole discretion, that you may be using the Services for an illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party.
If these Business Terms are terminated for any reason: (i) you will pay to PlanMyKids any fees or other amounts that have accrued prior to the effective date of the termination; (ii) any and all liabilities accrued prior to the effective date of the termination will survive; and (iii) the Sections of these Business Terms that are understood to extend beyond termination will survive. Following termination and upon your request and subject to any specific restrictions applicable to you or your data, PlanMyKids will make reasonable efforts to export and provide to you in electronic format the information you have uploaded to the Service (service fees may apply), but PlanMyKids is not obligated to retain that information following any termination and makes no representation to the integrity, completeness or timeliness of any data so exported.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD PLANMYKIDS INC., ITS PARENTS, SUBSIDIARIES, AFFILIATES, ANY RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM HARMLESS, INCLUDING COSTS, LIABILITIES AND LEGAL FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF OR RELATING TO (I) YOUR ACCESS TO OR USE OF THE SERVICE, (II) YOUR VIOLATION OF THE TERMS, (III) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH THE SERVICE, OR (IV) THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. PLANMYKIDS WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
Third Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We provide these third-party links for your convenience but are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or website, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages purchase or use of goods, services, resources, content, content, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be direct to the applicable third-party.
Warranty Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PLANMYKIDS, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT ANY OF THE FOLLOWING: (i) THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; (ii) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (iii) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (iv) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (v) THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. PLANMYKIDS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PLANMYKIDS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO CASE SHALL PLANMYKIDS, INC., OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED TO IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. FURTHERMORE YOU AGREE TO RELEASE AND HOLD HARMLESS PLANMYKIDS FROM ANY CLAIM OR CONTROVERSY THAT MAY ARISE BETWEEN THE ACTIONS OR INACTIONS OF, OR THE RELATIONSHIP BETWEEN YOU AND ANY USER. IN NO EVENT SHALL PLANMYKID'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO PLANMYKIDS IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALL THE EXCLUSION OF THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Governing Law