Updated: 02/04/2020

Terms and Conditions - Kindertap®

Please read carefully the following Terms before registering on this website. In addition, we also invite you to read the Privacy Policy.
Those who do not accept these Terms are asked to leave the site immediately.

Premise

Develia S.r.l. is a company that operates in the software development sector and, as such, has the competence and ability to offer quality and reliable services. Kindertap® is a Web service developed by Develia S.r.l. dedicated to childcare facilities (nurseries, schools and kindergartens, as well as playrooms and baby-parking) that offers many features to meet everyday communication and organizational needs. Access and use of Kindertap are possible through the Web App (by connecting to the address https://www.kindertap.com/) or through the App for mobile devices (smartphones and tablets).

Clauses

  1. Agreement between the Customer and the Company:
    1. The agreement between the organization, private or corporate, which activates a Kindertap account (hereinafter referred to as the “Customer”) and Develia S.r.l. or its successors (hereinafter referred to as the “Company”), as the Owner of Kindertap (hereinafter referred to as the “Service” or “Kindertap”), is governed by these Terms and Conditions.
    2. In order to use the Service, the Customer must first agree to the Terms. The Customer can agree to the Terms by actually using the Service. The Customer understands and agrees that Kindertap will treat your use of the Service as acceptance of the Terms from that point onwards.
    3. The Customer, not permitted by law to use the Service, must refrain from accessing Kindertap. The Customer affirms that he is at least 16 years old: this age may be lower from country to country, as long as not less than 13 years.
    4. If these terms are accepted by a person that represents a company or organization, when this person accepts the terms, the terms are accepted by all members of the organization, employees of the company and/or its affiliates, including but not limited to its schools.
    5. The Customer can contact the Company for everything related to this agreement at info or through the page of contact/customer service of the website https://www.kindertap.com/.
  2. Service Policies:
    1. Prohibited Content: The Content displayed and/or processed through the Service shall not contain any of the following types of content:
      1. Content that infringes a third party’s rights (e.g., copyright) according to applicable law;
      2. Pornographic, obscene or excessively profane content;
      3. Hate-related or violent content or content advocating racial or ethnic intole;
      4. Content intended to advocate or advance computer hacking or cracking;
      5. Gambling;
      6. Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
      7. Drug paraphernalia;
      8. Phishing;
      9. Malicious content;
      10. Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
    2. Prohibited Actions: In addition to (and/or as some examples of) the violations described in the Terms, the Customer may not and may not allow any third party, including his end users, to:
      1. Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to:
        • sending email in violation of the anti-spam laws; 
        • imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam; 
        • data mining any web property to find email addresses or other user account information; 
        • sending unauthorized mail via open, third-party servers; 
        • sending emails to users who have requested to be removed from a mailing list; 
        • selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and 
        • sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
      2. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content;
      3. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
      4. Conduct or forward pyramid schemes and the like;
      5. Transmit content that may be harmful to minors;
      6. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
      7. create accounts on behalf of other persons or organizations, without specific authorizations;
      8. create new accounts if your original account has been suspended;
      9. to access (or attempt to access) the Service through tools or methods other than the interface provided by the Company (for example access via API), unless the Customer has been specifically authorized to do so by a separate agreement with the Company;
      10. Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;
      11. Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
      12. Promote or encourage illegal activity;
      13. Interfere with other users’ enjoyment of the Service;
      14. Sell, trade, resell or otherwise exploit the Service for any unauthorized commercial purpose;
      15. Modify, adapt, translate, or reverse engineer any portion of the Service;
      16. Remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
      17. Reformat or frame any portion of the web pages ;
      18. Use the Service in connection with illegal peer-to-peer file sharing;
      19. Display any content on the Service (including but not limited to the customizable login page) that contains any pornographic, hate-related or violent content or contain any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
      20. Modify any logos or brand features without permission;
      21. Use the Service, or any interfaces provided with the Service, to access any product or service in a manner that violates the terms of service or other terms and conditions for use of such product or service.
    3. Data Retention: the Company will keep all the data archived in the Customer's account until the date the account is canceled. The account Cancellation Date corresponds to:
      • The date on which the Customer expressly requests the cancellation of the account
      • 90 days following the Agreement End Date, which coincides with the last day of the period covered by the last payment made by the Customer (for example if the Customer pays for the Service on a quarterly basis, the Cancellation Date is set at 90 days from the last day of the last quarter paid).
    4. Data Portability: the data entered by the Customer in Kindertap can be exported at any time in a structured format of common use within the Agreement End Date.
  3. Privacy: For all the terms concerning the processing of personal data uploaded by the Customer to his account, refer to the Privacy Policy, which can be consulted on the Web page https://www.kindertap.com/privacy-policy/.
  4. Plans and Service fees:
    1. Kindertap is released as Saas in Freemium mode. Each new account is activated with a Free Plan and, upon request, the Customer can convert it to Premium. The Free Plan allows the Customer to use the Service for free, but with some restrictions. Activating a Premium Plan, on the other hand, the Customer can use the Service against payment of a fee, which depends on the modules / features requested and the related usage thresholds. The differences between the Free and the Premium Plan are available on the page https://www.kindertap.com/pricing/.
    2. With the Premium Plan, the Customer will have to choose the periodicity for charging the usage fee (for example monthly, quarterly, half-yearly, annual) and the related payment method (Credit card, PayPal and, for some countries, Bank Transfer). The Company processes payments and charges the renewal of the Service (in case of Premium Plan) in a fully automatic manner 10 days in advance of the expiry date of the period previously paid (in the case of payment by bank transfer, this period is 15 days). This period is called the Renewal Period and allows the Customer, if the charge is unsuccessful, to regularize his position before the Deadline (for example by changing his payment method). Therefore, if the Customer intends to switch from a Premium Plan to a Free Plan, or to change the thresholds of his Premium Plan, he must do it before the Renewal Date.
    3. In the case of transition from a Free Plan to a Premium Plan, the Customer has 3 days to pay the fee. After this period, the account is temporarily suspended until the payment is received.
    4. The fees of the Premium Plan can be consulted within the Service during the Plan modification procedure using the Price Configurator. The Price Configurator allows the Customer to calculate the amount of the fee based on the modules, thresholds and periodicity of payment required. The Company reserves the right to modify the price list at any time, by giving written communication to the Customer (via e-mail or directly within the Service) and to apply these changes to the Premium Plan already accepted by the Customer and to pending payments. Any changes to the price list are applied starting from the subsequent renewal of the Service and in any case not earlier than 30 days from the date of communication to the Customer.
    5. Some payment methods may provide for minimum debit thresholds, therefore if the total amount of a certain payment is lower than the minimum debit threshold, this will be increased until it reaches this threshold. 
    6. By confirming the Plan through the Price Configurator, the Customer authorize the Company to charge periodic amounts through the payment method chosen.
    7. The Premium Plan fee includes a sum for the Storage, necessary to store photos and files (documents). The amount of Storage used by the Customer is calculated by summing up the dimensions of each single photo / file, considering a minimum size of 100 kB per photo / file.
  5. Use of the Service:
    1. Purpose: The service will be used for the sole purpose of administering the operations of one school or daycare or childcare center with one or more locations.
    2. Duration: By registering for use of the Service either on Kindertap website or its apps the Customer agrees to these terms of service for the entire duration of use.
    3. Access: the access to the Service is allowed through:
      • Web App at https://www.kindertap.com/;
      • App for Android devices, available both for the Customer and for his own customers (for example the parents of enrolled children), with limited functionalities compared to the Web App;
      • App for iOS devices, available for the Customer’s customers (for example the parents of enrolled children), with limited functionalities compared to the Web App.
    4. Free Plan: the use of the Service starts with a Free Plan without duration limits, which allows the Customer to try the Service with the restrictions listed on the page https://www.kindertap.com/pricing/. By using the Service with the Free Plan, the Customer makes sure that Kindertap corresponds to his needs. Each organization / company / professional can only use one Free account.
    5. Automatic blocks: the Customer is aware that Kindertap has automatic mechanisms for the verification of improper use of Free accounts (for example the use of multiple Free accounts) and that, in case of violation of these conditions, the Customer’s Free accounts can be immediately suspended.
    6. Account: to use the Service, the Customer must activate an account. During the creation of the account, the Customer will be asked to indicate his e-mail address, corresponding to the Username, and to choose a Password (Username and Password together are called "Credentials"), which he must keep in a safe place. The Customer is solely responsible for the custody of the Credentials that he uses to access the Service. The Company assumes no responsibility for loss or damage resulting from the failure to comply with these recommendations. The Customer undertakes to provide complete and correct Credentials each time he logs into Kindertap. The Customer is also responsible for any use of his account.
    7. Types of Users: the Credentials entered during the creation of the Kindertap account by the Customer will be associated to an Administrator user who will have full powers within the Service. Through the Administrator account, the Customer can create other users of equal or lower level such as: Administrator, Coordinator, Educator, General Employee and Parent / Family member. Each type of user, with the exception of the Administrators, has powers limited to certain areas and functions of the software. Also the users that are not Administrators can create new accounts to the Service which can be equal to or lower than their own level. For example, a Coordinator can create these types of users: Coordinator, Educator, General Employee and Parent / Family Member; while the Educator can create other Educators, General Employees and Parents / Family Members. The creation of new users is subject to the following requirements:
      • the user must not be of the Parent / Family type;
      • to create other users, the type of user must have access to the Adults records in the Service.
    8. Loss of Credentials: if lost, the credentials of each user can be reset by the user himself by following the appropriate procedure on the login page of the website https://www.kindertap.com/. This procedure is possible only if the user has linked an e-mail address to his Kindertap account and if this address has been verified by following the appropriate procedure within the Service. Administrator users, in order to log into Kindertap for the first time, must have previously carried out the verification procedure for their e-mail address. Non-Administrator users, in case of loss of credentials without a verified e-mail address, can request the reset of their credentials to any users authorized to access the Adult records in the Service.
    9. Plan thresholds: Kindertap constantly monitors that the quantity / type of data saved by each Customer is lower (or equal) to the thresholds set out in the Plan. If these thresholds are exceeded, the operation of some modules (or of the entire account) can be suspended as long as the customer does not regularize his position.
    10. Premium Plan Change: changes to the Premium Plan that result in a decrease of the thresholds are valid only if the values ​​of the new thresholds are maintained for more than 90 consecutive days. Changes to the Premium Plan that lead to an increase of the thresholds will only become effective after the Customer has paid the difference displayed in the Configurator.
    11. Group Policies: some user profiles (called Group Policies) are preconfigured in the Service. The Customer can create other customized Group Policies. These Group Policies can be associated with the different types of user of the Service.
    12. Account Cancellation: the Customer can request the cancellation of his account at any time using the specific procedure available in the Service. The cancellation involves the deletion of all the data contained therein (including user profiles created through the account).
  6. Proprietary Rights:
    1. The Customer acknowledges and agrees that the Company own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
    2. Unless the Customer has agreed otherwise in writing with the Company, nothing in the Terms gives him a right to use any of Kindertap trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
    3. Except as provided in Section 7, the Company acknowledges and agrees that it obtains no right, title or interest from the Customer (or his licensors) under these Terms in or to any Content that he creates, submits, posts, transmits or displays on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless the Customer has agreed otherwise in writing with the Company, he agrees to be solely responsible for protecting and enforcing those rights and that the Company has no obligation to do so on his behalf.
  7. License from the Company and Restrictions:
    1. The Customer may not (and he may not permit anyone else to):
      1. attempt to disable or circumvent any security mechanisms used by the Service or any Application; 
      2. upload or otherwise process any malicious content to or through the Service.
    2. Unless the Company has given you specific written permission to do so (e.g., through an open source software license), the Customer may not assign (or grant a sub-license of) his rights to use the Kindertap Software, grant a security interest in or over his rights to use the Kindertap Software, or otherwise transfer any part of his rights to use the Software.
  8. License from the Customer:
    1. The Company claims no ownership or control over any of the Customer’s Content. The Customer retains copyright and any other rights he already holds in the Content, and he is responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Service you give the Company (or its licensors) a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling the Company (or its licensors) to provide the Customer with the Service in accordance with its privacy policy.
    2. The Customer agrees that the Company, in its sole discretion, may use his trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to the Customer’s website) for the purpose of advertising or publicizing the Customer’s use of the Service.
    3. The Company acknowledges that in the course of providing the Service or support for it, its associates might be exposed to the Customer’s data and other information. Unless the Customer specifies otherwise in writing, such information must be treated as proprietary to the Customer and not disclosed to other third parties, including but not limited to Customer’s non authorized staff and the Customer’s customers.
  9. Software Updates and availability of service:
    1. The Software and apps which the Customer uses may automatically download and install updates released from time to time from the Company (or its licensors). These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. The Customer agrees to receive such updates (and permits the Company to deliver these to him) as part of his use of the Service. Let it be understood that the Customer will have access to these updates only if included in the features included in his Plan.
    2. The Company will make commercially reasonable efforts to keep the Service up and running at all times. However, the Service might need to be occasionally unavailable for maintenance. In such cases, the Company will make commercially reasonable efforts to bring the Service down for maintenance during non business hours. We will also make commercially reasonable efforts to announce routine maintenance with advance notice.
    3. The Company does not guarantee the Customer the continuity of the connection to the Service and, therefore, will not be in any way responsible for any technical disruptions that prevents connection to the Service, or to individual pages of it, and / or the use of one or more functionality of the Service. The Customer acknowledges and declares that he will have nothing to claim against the Company in case of disruptions to the Service that could compromise access to the Service or its correct and complete functionality (e.g. clogging of the lines, impossibility or difficulty of connection to the Service or to its individual pages, total or partial impossibility of using one or more additional services from any given cause, etc.). The Company therefore invites the Customer to take advantage of the export functions. The Customer will be exclusively responsible for the telecommunications network and Internet connection services necessary to be able to access and use the Service and the Company will not be responsible for any defect related to this.
  10. Modification and Termination of the Service:
    1. The Company is constantly innovating in order to provide the best possible experience for its users. The Customer acknowledges and agrees that the form and nature of the Service which the Company provides may change from time to time without prior notice to the Customer, subject to the terms in Sections 4 and 10.2. Changes to the form and nature of the Service will be effective with respect to all versions of the Service; examples of changes to the form and nature of the Service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
    2. The Customer acknowledges and agrees that it is his and his customers' responsibility to use the latest version available of the Service, as updates could cause the interruption of some Kindertap functions if the version used is not the last available.
    3. At any time prior to releasing a new version of the Service, the Company may, in its discretion as part of its continuing innovation to provide the best possible experience for its users, label certain features or functionality of the Service as “experimental” or “beta”. 
    4. The Customer may discontinue his use of the Service at any time. The Company may, at any time, terminate the Customer’s use of the Service if:
      1. the Customer has breached any provision of the present Terms (or have acted in manner that clearly shows that he does not intend to, or is unable to comply with the provisions of the Terms); 
      2. the Company is required to do so by law (for example, due to a change to the law governing the provision of the Service); 
      3. the Service relies on data or services provided by a third party partner and the relationship with such partner (i) has expired or been terminated or (ii) requires the Company to change the way it provides the data or services through the Service; 
      4. providing the Service could create a substantial economic burden as determined by the Company in its reasonable good faith judgment; 
      5. providing the Service could create a security risk or material technical burden as determined by the Company in its reasonable good faith judgment.
    5. If the Company suspends or terminates the Customer’s use of the Service for just cause, except in the case the Customer do not renew the use of the Service, the Company undertakes to transmit to the Customer all the personal data stored in his account within 48 hours. In the event that the Customer does not renew the Service (or does not pay the fee within the established terms), he will have to autonomously export the data whithin the Deadline.
    6. Upon any termination of the Service under Sections 4 or 10, these Terms will also terminate, but Sections 6.a., 11, 12, 13, and 17 shall continue to be effective after these Terms are terminated.
  11. Exclusion of warranties:
    1. Nothing in these terms, including clauses 11 and 12, shall exclude or limit the Company’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
    2. The Customer expressly understands and agrees that his use of the Service is at his sole risk and that the Service is provided “as is” and “as available.”
    3. The Company, its subsidiaries and affiliates, and its licensors, make no express warranties and disclaim all implied warranties regarding the Service, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the Company, its subsidiaries and affiliates, and its licensors, do not represent or warrant to the Customer that: 
      1. the Customer’s use of the Service will meet his requirements;
      2. the Customer’s use of the Service will be uninterrupted, timely, secure or free from error;
      3. usage data provided through the Service will be accurate.
  12. Limitation of liability:
    1. Subject to clause 11.a. above, the Customer expressly understands and agrees that the Company, its subsidiaries and affiliates, and its licensors, shall not be liable to the Customer for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by him, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
    2. The limitations on the Company’s liability to the Customer in paragraph 12.a. above shall apply whether or not the Company has been advised of or should have been aware of the possibility of any such losses arising.
    3. To the extent permitted by law, the full responsibility of the Company, its subsidiaries and affiliates, and its licensors, for any claim made under these terms, including claims for any implied warranties, is limited to the amount paid by the Customer for the use of the Service (or, at the Company’s discretion, to a new supply of the Service for an equivalent amount).
  13. Indemnification: the Customer agrees to hold harmless and indemnify the Company, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “the Company and Partners”) from and against any third party claim arising from or in any way related to:
    1. breach of the Terms by the Customer;
    2. use of the Service by the Customer and the Customer’s customers;
    3. violation by the Customer of applicable laws, rules or regulations in connection with the Service;
    4. Customer’s Content or Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, the Company will provide you with written notice of such claim, suit or action.
  14. Policies Regarding Copyright and Trademarks: the Customer agrees to respect copyrights and trademarks in accordance with the applicable law.
  15. Other Content:
    1. The Service may include hyperlinks to other web sites or content or resources that are not owned by the Company. The Company may have no control over any web sites or resources which are provided by other companies or persons.
    2. The Customer acknowledges and agrees that the Company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. These contents are the sole responsibility of the third party who makes them available.
    3. The Customer acknowledges and agrees that the Company is not liable for any loss or damage which may be incurred by the Company or by the users of the Service as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
    4. The Company may reserve the right to examine the contents to establish any illegality or conflict to its policy, and has the right to remove or refuse to display contents if it has reasonable ground to believe that they violate its terms or the law. This does not necessarily mean that the Company examines the contents, nor can it be assumed.
  16. Changes to the Terms:
    1. The Company may make changes to the Terms from time to time. When these changes are made, The Company will make a new copy of the Terms available in the service.
    2. The Customer understands and agrees that if he uses the Service after the date on which the Terms have changed, the Company will treat his use as acceptance of the updated Terms.
  17. General Legal Terms:
    1. The Terms constitute the whole legal agreement between the Customer and the Company and govern the Customer’s use of the Service (but excluding any services which the Company may provide to the Customer under a separate written agreement), and completely replace any prior agreements between the Customer and the Company in relation to the Service.
    2. There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership, joint venture, association, brokerage or employment relationship.
    3. If the Company provides the Customer with a translation of the Italian language version of these Terms, the Italian language version of these Terms will control if there is any conflict.
    4. The Customer agrees that the Company may provide him with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Service.
    5. The Customer agrees that if the Company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
    6. The Company shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
    7. Governing Law: the Parties agree that all matters related to the Service, including all disputes, will be governed by the Italian law without regard to its conflicts of laws provisions. The Parties agree to the exclusive jurisdiction and sole venue of the Courts of Vicenza, Italy, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within thirty (30) days after the end of the event, or such claim or cause of action is barred. In the event of any controversy or dispute between the Parties arises, the Parties shall attempt, promptly and in good faith, to resolve any such dispute. All disputes arising from this Agreement or, however connected, including those relating to its validity, interpretation, efficacy, execution and resolution, will be subjected to the mediation attempt envisaged by the mediation service of the special agency Made in Vicenza of the Vicenza Chamber of Commerce, registered at no. 1069 of the register of mediation bodies kept by the Ministry of Justice, in accordance with the relative regulation, which the Parties declare to know and accept entirely. The seat of the mediation will be in Vicenza at the headquarters of the mediation agency. In the event of failure to conciliation, the dispute will be resolved by a single arbitrator, in accordance with the Rules of the Arbitration Chamber of the Vicenza Chamber of Commerce, which the Parties expressly declare to know and accept. The sole arbitrator shall decide according to standard procedure, based on the law.
    8. The Customer residing in Europe must be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve out-of-court any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated on the net. Consequently, if the Customer is a European consumer, he can use this platform for the resolution of any dispute arising from the online contract concluded with the Company. The platform is available at the following link: http://ec.europa.eu/consumers/odr/. The Company is available to answer any questions sent via email to the email address published in this document.

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