TERMS AND CONDITIONS
The Services consist primarily to the possibility to connect to a secure data platform allowing a smooth communication and management of, among others, clubs and nurseries (the “Facilities”) and allowing the managers of the Facilities, the parents/legal representatives of registered child/children and the educators/staff of the Facilities to easily have access to information related to the Facilities and the children duly registered.
Upon registration and acceptance of these Terms and Conditions, the User conclude an agreement with the Company regarding the use of the Services (the “Agreement”).
Consequently, the User are fully aware of the fact that his agreement regarding the content of the Terms and Conditions does not require a handwritten signature of the Terms and Conditions.
Please note that the User have the option to save or print the Terms and Conditions, provided that the saving/printing of the Terms and Conditions remains the User’s sole responsibility.
The Services available via the online platform can be accessed on the following address https://kids.cloud is guaranteed by the company YPZEELON S.à r.l registered with the Luxembourg Trade and Companies Register under number B.227740, with a registered VAT No.LU30568458 , as holder of a business licence number 10092069/0, email address email@example.com.
User: as mentioned above, any person using the secure cloud platform and software named “kids.cloud”
Facility: as mentioned above, among others, clubs and nurseries using the Services. The Facility is allowed to create accounts for the User.
Manager: any physical person legally representing the Facility and binding the Facility. The Manager is allowed to create accounts for the User and has all rights on the Services. The Manager is under the supervision of the Facility.
User with administrative rights: any physical person legally allowed by the Facility or the Manager to (i) create accounts for the Educator and Parent, (ii) change, delete or enter data. The User with administrative rights is under the supervision of the Facility.
Educator: means educators, teachers, trainers or other authorized staff members legally allowed by the Facility, the Manager or the User with administrative rights to enter some data regarding but not limited to the presence of the children, to publish post and pictures. The Educator is under the supervision of the Facility.
Parent: means parents, family members or legal representatives of children having access to the Services. They are able to view the Services’s contents published by the Facility, including declare children’s absence, accept invitations or write a message to the Facility, the Manager, the User with administrative rights and the Educator.
Accounts to the Services may only be as follows:
A valid email address is required for any User.
The User shall verify the compatibility between his own IT system and the Services before any subscription. The Company cannot be held responsible in case of incompatibility of the Services and the IT system, or any other device owned by the User with the Services, even if it occurred during operation if this incompatibility results of a change, made by the User, of the computer hardware.
Any potential fees to be paid for compliance of the IT system and/or electrical system, or any other device or hardware, with the Services shall be exclusively supported by the User.
The User agrees to use the Services as “bon père de famille”, in accordance with the Terms and Conditions, laws and regulations, and respecting public order.
The Company reserves the right to restrict or prevent access to the Services without prior notice.
The Company and the User hereby agree that in the context of their legal relationship, the fact of introducing on the Services the User’s email address and login is considered representing his signature and binding it for the Services (main, ancillary and supplementary) which could be proposed by the Company.
The Facility commits itself to:
In no case the Company shall be held liable for:
The Facility is the sole responsible for the accuracy, truthfulness, updating and completeness of the information, in the broadest sense, download on the platform.
When downloading photographs and information on the platform, the Facility warrants to the Company that it is the sole holder of the copyright and other intellectual property rights, in the broadest sense, relating to these photographs.
The Facility shall be solely responsible, when downloading photographs, for ensuring that they do not contain any viruses, worms or malware, that they do not contain any images of an illegal, unethical, pornographic, obscene, insulting or racist nature, and that they do not infringe any third party rights.
The Facility shall be solely responsible, when communicating information and downloading photographs, for any claims, complaints or actions on the part of third parties following publication on the platform of information submitted and photographs downloaded by the Facility.
Facilities which send information and download photographs that infringe the intellectual property rights of a third party guarantee the Company against any action for infringement that may be brought against it and shall bear all of the legal fees and any damages that the Company may be ordered to pay in compensation for such infringement.
All of the information and photographs sent to the Company by the Facility are deemed to be truthful, correct, accurate, honest and in good faith. The Company neither verifies nor guarantees the veracity, accuracy, exactness or completeness of the information and photographs placed online.
The Company reserves the right to delete, at any time and without prior notice or notification to the Facility, any photographs or information that do not comply with the conditions mentioned above.
Moreover, the quality of the Services also depends on the quality of the User’s computer/ telephone equipment. The Company cannot be held responsible for any disruption in the transmission resulting of the circumstances mentioned above.
The Company reminds that the Company wishes to ensure the optimal quality of its Services at all times. Sometimes it requires works of maintenance or reparation, building, refurbishment or extension of its servers or its software as well as the technical infrastructure of its suppliers. Such work may cause disruptions or interruptions of the Services, which shall not in any circumstances give a right to compensation for the User or his beneficiaries or co-contractors.
When introducing the Registration Form, the Company shall provide the Facility with all the necessary information relating to the Services (capacity, options available, pricing, etc.). A service is available for the Facility, the Manager and the User with administrative rights, via email to the following email address firstname.lastname@example.org in order to answer, to the extent possible, to all questions relating to the Services.
The Company shall not provide any assistance to the Educator and/or the Parent. In case of question, the Educator and/or the Parent should first contact the representative appointed by the Facility who should take appropriate steps to collect and to treat the request and if necessary, forward this request to the Company via email email@example.com within a reasonable delay.
Assistance does not include software trainings or software customisations. These are only possible upon request and at additional cost.
The assistance is only guaranteed in English.
Amendments will not be retroactive and are to be implemented after at least 14 days after they are published. However, possible amendments to new service functions or legal amendments may come into effect immediately.
Facilities which do not accept the new Terms and Conditions have the option to terminate the Agreement in accordance with Article 11 of the Terms and Conditions within one (1) month from the notification of the amendments of the Services.
Parents who do not accept the new Terms and Conditions shall first contact the representative appointed by the Facility who should take appropriate steps to collect and to treat the request and if necessary, forward this request to the Company via email firstname.lastname@example.org within a reasonable delay.
- in the event of service suspension ;
- in the event of improper installation of the hardware or telecommunications by the User, or by his accessories, or use of unapproved equipment ;
- in the event of disruption in the provision or operation of means of communication provided by the operators of the networks that are connected to the Services and particularly in the event of failure of the selected operator’s network or in the event of electricity network failure;
- in the event of incompatibility of the Services with the technical and/or electrical computer installation, or in the event of incompatibility with any other device or equipment owned by the User;
- in the event of force majeure.
Two levels of plans regarding the Services are available:
The free plan can be used without a limit in time, but only within the given limitations regarding numbers of sites, groups, staff, parents and children. More information available in Comparison table on the website at https://kids.cloud/pricing.
Changing plans from:
Changing plans from higher to lower is only possible if the number of sites, groups, staff, parents and children is less or equal to the limitations of the lower plan.
If the Facility wants to upgrade to the paid plan, the Facility can do so by requesting the upgrade in the Facility’s portal.
The creation of an account as well as the use of this plan is free.
Payments can be done either by a credit card through an external payment provider (PayPal or another), or based on an invoice sent by email or downloaded from the Facility’s portal.
The Facility agrees to pay all fees specified in the “Order” section of the kids.cloud manager portal.
Fees set in each order hereunder be:
In order to treat everyone equally, no exceptions will be made.
Special promotions or discounts will be announced on the website.
The Facility agrees to provide the Company with a complete and accurate billing and contact information and to notify the Company of any changes of such information.
In case of non-payment or delay in payment, the invoice will automatically and without reminder be raised to the default interest at the relevant legal rate.
During the Initial Term, the duration of the Services for the new User‘s account will be the same as for the initial User’s accounts. During an Additional Term, the duration of the Services for the new User’s account will be the same as for the preexisting User’s account, i.e. until the end of the current Additional Term.
The number of licenses purchased during the Initial Term cannot be decreased during the Initial Term.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Facility shall be responsible for payment of all such taxes, levies, or duties.
In case of paid plan, prices for the Initial Term are fixed. Only the increase of number of licences of active children enrolled may have an impact on the price paid for the Initial Term.
After the Initial Term, prices may be amended as foreseen in Article 12.
After the Initial Term, i.e. during the Additional Term, the Company as well as the Facility may terminate the Agreement, without cause, upon a one (1) month prior written notice to the other party.
All the User’s content / data will be immediately deleted from the Services at the end of the notice period and shall not be recovered once the notice period will be ended.
The User may request the Company to electronically transfer the requested data, as permitted by the applicable laws.
The User has to check that any data he needs is duly safeguarded by his own.
The User may always request for account deletion at any time by using the following email address:
Such termination of the Services will result in the deactivation or deletion of the User’s account or the User’s access to the User’s account.
- the Facility refuses to comply with his/her obligations,
- the Facility demonstrates a palpable and malicious intent to harm the Company.
Parent who do not accept the new Terms and Conditions shall first contact the representative appointed by the Facility who should take appropriate steps to collect and to treat the request and if necessary, forward this request to the Company via email email@example.com within a reasonable delay.
The platform and its contents, relating in particular but not exclusively to text, graphics, logos, icons, video, audio and software, are protected by intellectual property rights owned by the Company and/or third parties and cannot therefore be copied, reproduced, distributed, posted, downloaded, transmitted or used without the prior written consent of the Company.
Unless otherwise specified, the software needed to use the Services or made available on the platform and used by the Users, as well as, more generally, all of the intellectual property rights over the content, information and materials contained on the platform, are the exclusive property of the Company.
Users cannot benefit from the Services provided by the Company to claim any intellectual property right on the platform and its contents, relating in particular, but not exclusively, to text, graphics, logos, icons, video, audio and software. No provision of the Terms and Conditions may be interpreted in such a way.
The Company comply with any and all applicable laws and regulations relating to the processing of personal data, including (i) Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation / “GDPR”) and (ii) the Luxembourg law of 1 August 2018 on the organization of the Commission Nationale pour la Protection des Données and on the general system of data protection, as well as (iii) all other national laws or regulations implementing the GDPR that may be applicable, as the case may be.
In particular, the Company carries out all the procedures to be compliant with the GDPR, including without being limited to ensuring that the processing of personal data carried out under its responsibility respect the principles relating to the processing of personal data as defined under the GDPR, such as among others, the principles of lawfulness, fairness, transparency and storage limitation.
The information which is requested from the User is required for processing the Services.
The User’s personal data are kept for as long as required for the performance of the Services provided and subject to the relevant legal period of limitation.
The User can contact us in order to exercise his rights as foreseen by the GDPR.
The Facility commits itself to be compliant with any and all applicable laws and regulations relating to the processing of personal data, including (i) the GDPR and (ii) the Luxembourg law of 1 August 2018 on the organization of the Commission Nationale pour la Protection des Données and on the general system of data protection, as well as (iii) all other national laws or regulations implementing the GDPR that may be applicable, as the case may be.
In particular, the Facility commits itself to:
The Company is entitled to fully or partially assign a third party to his/her rights and obligations arising from the Agreement, without the consent of the Facility and without him/her being able to claim any compensation from that disposal.
The Facility may terminate the Agreement concerned by the assignment within fifteen (15) days after the notification of that assignment, without having to pay any compensation, by sending a registered letter to the new provider.
The Facility may assign its rights and obligations arising from the Agreement only with the express, prior and written acceptance of the Company. After acceptance by the Company, the Facility agrees to sign an assignment form. This assignment form and a new access request must also be signed by the new Facility, who accepts the Terms and Conditions.
To the extent that any provision of these Terms and Conditions is found by any court or competent authority or to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms and Conditions, it shall not affect the validity, lawfulness or enforceability of the remainder of these Terms and Conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction, except if the Agreement can not exist without this contested provision.
These Terms and Conditions are governed by and construed in accordance with the laws of the Grand-Duchy of Luxembourg. The User hereby consent to the exclusive jurisdiction of the courts of the city of Luxembourg of the Grand-Duchy of Luxembourg regarding any and all disputes relating thereto.
The User acknowledges having been able to know the Terms and Conditions and accepts them without reserve or limitation.
YPZEELON S.à r.l.
135 Val Sainte Croix