terms and conditions

Welcome to preschool2me! By using preschool2me's software, mobile applications or web sites, you agree to the following terms and conditions (herein referred to as “T&C document”)conditions (herein referred to as “T&C document”) as dictated by Daycare2me Inc, (herein referred to as “we”, “us”, “our”, “Company”), and any policies, guidelines or amendments thereto that may be presented to you from time to time. We may update this T&C documents in the future, and you will be able to find the most current version of this T&C document at http://www.preschool2me.com/users/terms.html.

1. Your relationship with us.

Below are the terms and conditions that are applicable to end users (this includes preschool administrators, owners, teachers and parents, and shall be referred to herein as “you”, “your”, or “Customer”) who choose to access our website, mobile application and support (collectively termed as “Preschool2me Services”). By utilizing our Preschool2me Services, you agree to be bound by this T&C document. To cancel your account, contact us at talk2us@preschool2me.com. The Preschool2me Services are provided on a subscription basis to some users and for free to other users, and are licensed, NOT sold, and none of our intellectual property or rights, other than those explicitly stated herein are transferred or sold under this or any other agreement with us.

Teachers accessing the Preschool2me Services represent and warrant they are authorized by their employer to access the Services and will only use the Preschool2me Services in accordance with their employer’s guidelines, including only accessing the Services through electronic devices provided by their employer. Teachers will not access the Preschool2me Services through their personal electronic devices.

2. Subscription and Fees

Details of Subscription and Fees are listed in a separate “Subscription Agreement”. Any discrepancy between the T&C document and the Subscription Agreement, the terms of the Subscription Agreement shall control.

We do not charge parents for the use of our Preschool2me Services. However, preschool owners may choose to charge parents additional fees.

By registering to use and using the Services, you agree to provide us with current, complete and accurate information (contact information, email address, etc.). You hereby promise that all the information you provide to us is true and accurate. Any account information (email address, passwords, etc.) should be maintained as confidential by you. You agree to notify us of any theft or unauthorized use of your account information. You agree to not share account information with any third party.

3. Privacy and Security (use of images)

Preschool2me Services captures and stores child information (pictures, name, parent’s name and email), preschool information (name, contact information) and teacher information (Teacher’s name and authorized email address) only. All of this information is collected and stored in accordance with the representation and warranties set forth below. We will NOT use child captured information now or in future for any purpose other than the provision of the Preschool2me Services (including newsletters, emails, periodic updates etc.). We may contact preschool owners for surveys, future releases, feedback and newsletters.

Parents may close their account or request any child information be removed from our systems by emailing us at talk2us@preschool2me.com.

4. Disclaimer of Warranties

PRESCHOOL2ME SERVICES PROVIDED UNDER THIS T&C DOCUMENT, OR BY US UNDER ANY OTHER AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR USE. THESE PRESCHOOL2ME SERVICES ARE PROVIDED WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESSED OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PRESCHOOL2ME SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING.

Notwithstanding the foregoing, we represent and warrant the following:

Server Setup:

1. Daycare2me’s application server and database server will be hosted on an Amazon Cloud environment, or an equivalent recognizable and trustworthy third party environment, as applicable.

2. Daycare2me shall maintain separate webserver and database servers for their data and application platforms.

3. Daycare2me shall take all reasonable measures to ensure that all ports are blocked so access to the database server is only possible from the webserver; other than the webserver there shall be no external application that can access the database.

4. Daycare2me shall change the root access password at least monthly.

5. Daycare2me shall ensure that access to the live environment is limited to system administrator and active Preschool2me owners.

6. Daycare2me shall ensure that passwords are encrypted in the database.

7. Daycare2me shall ensure that the picture folders are encrypted in the database.

8. Daycare2me shall ensure names of the pictures are stored in 40 character (UDID) encrypted code.

9. Daycare2me shall ensure that the encryption shall be at least a 256-bit SSL encryption, certified by GODADDY or an equivalent recognizable and trustworthy third party.

10.Daycare2me shall use Nagios for constant monitoring and service alerts, or an equivalent recognizable and trustworthy third party.

11. In addition to current backup policy, Daycare2me shall ensure that additional backups will be stored on a separate secured server hosted on an Amazon Cloud environment.

12.Daycare2me shall ensure code migration will be done solely by Preschool2me’s founder and system administrator.

13.Daycare2me shall ensure that reasonable vulnerability scans and penetration testing (DDoS, BruteForce, OWASP top 10, SANS top 25, Mitre CWE's) are performed on at least a quarterly basis.

14.Daycare2me will not ask for or save student health information (medications, allergy etc.).

Parent App Security:

1. Daycare2me shall ensure that the App users will utilize strong passwords.

2. Daycare2me shall ensure that it will have additional layers of security for password recovery – namely the utilization of a security questions and 4-digit PIN to reset the password.

3. Daycare2me shall ensure that if parent cannot provide answers to security questions and PIN, Daycare2me will be able to reset account/password.

4. Daycare2me shall ensure the App shall request a PIN every ‘x’ minutes from parents in order to prevent unauthorized access. Parents have the option of setting this ‘x’ to either 5, 10 or 15 minutes.

Daycare2me warrants and represents that the above shall be the minimum security and privacy measures that it will take as it relates to the parent App security. Nevertheless, Daycare2me reserves the right to change these measures at their discretion, provided that it will not take any measures that shall unreasonably compromise the security and privacy of the App, and that changed measures shall be substantially similar to the aforementioned measures.

Daycare2me warrants and affirms that it will comply with any and all state or federal laws related to non-public information or privacy related matters.

5. Limitation of Liability

In no event shall we be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of your use of or inability to use the Preschool2me Services; even if we have been advised of the possibility of such damages, prior to the damages occurring. In no event will we be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. We shall have no liability with respect to the content entered or posted by teachers, directors or owners using Preschool2me services.

In no case, shall we be liable for any incidental, indirect, punitive or consequential damages arising from your use of the Preschool2me Services. Our liability shall be limited to the fullest extent permitted by law. In no case shall our liability to you under this T&C document or any other agreement related to the Preschool2me Services exceed the subscription fees paid by you to us (or $10 whichever is greater) for the Preschool2me Services which gave rise to such liability.

6. Outages, Service Interruptions and Changes to Services

It may be necessary for us to perform scheduled or unscheduled fixes or maintenance, which may temporarily degrade the quality of the Preschool2me Services or result in a partial or complete outage of the Preschool2me Services. We will take reasonable measures to provide seven (7) days advance notice of such activities; however, we provide no assurance that you will receive advance notification or that the Preschool2me Services will be uninterrupted or error-free. Unless otherwise agreed to in writing between you and we, any interruption in the Preschool2me Services shorter than 24 hours (not including weekends) shall not give rise to a refund or credit of any fees paid by you. If interruption of Preschool2me services lasts longer than 24 hours (not including weekends), Preschool2me shall refund you any subscription fees paid for that month of service. No fees are refunded to parents for interruption of Preschool2me services. YOU AGREE THAT THE OPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE PRESCHOOL2ME SERVICES, INCLUDING COMPUTER NETWORKS AND THE INTERNET, OR TO TRANSMIT INFORMATION, CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT ACCESS TO OR USE OR OPERATION OF THE PRESCHOOL2ME SERVICES. WE SHALL NOT BE LIABLE FOR ANY SUCH INTERFERENCE WITH OR PREVENTION OF YOUR ACCESS TO OR USE OF THE PRESCHOOL2ME SERVICES OR THE IMPACT SUCH INTERFERENCE OR PREVENTION MAY HAVE ON OUR ABILITY TO PERFORM THE PRESCHOOL2ME SERVICES.


Otherwise stated, hours for software services refer to following schedule:

Monday
8 AM - 7 PM EST
Tuesday
8 AM - 7 PM EST
Wednesday
8 AM - 7 PM EST
Thursday
8 AM - 7 PM EST
Friday
8 AM - 7 PM EST

During the above time frame, we will make our best efforts to provide uninterrupted operation. However, we are not liable for any interruption.

7. Intellectual Property Rights

All right, title, and interest in any documents, materials, or intellectual property (including all documents, software, programs, procedures, copyrights, patents, trademarks, trade secrets, trade dress and trade dress) (collectively the “IP”) embodied in the Preschool2me Services, including the methods by which the Preschool2me Services are performed and the processes that make up the Preschool2me Services, shall belong solely and exclusively to us and you shall have no rights whatsoever in any of the above, except as otherwise expressly and explicitly granted in this T&C document. The IP is protected by copyright laws as well as other intellectual property laws, as applicable. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the IP, in whole or in part.

We warrant and represent that we are the sole author of any IP embodied in the Preschool2me Services or we have the right and authority to use, and allow you to use, the IP embodied in the Preschool2me Services. Additionally, we warrant and represent that the IP embodied in the Preschool2me Services does not knowingly violate any other rights of any person, firm or entity. If any of the IP embodied in the Preschool2me Services is likely to be held to constitute infringement, we shall, within a reasonable time, at our option and our sole expense, either (i) secure the right to continue using such infringing item; or (ii) replace such IP with a substantially equivalent non-infringingitem or modify such IP so that it becomes non-infringing.

8. Control and Content of Uploaded Data

Preschool2me Services are not intended to replace the need for you to maintain regular data back-ups or redundant data archives. We will have no liability for loss or recovery of data or programs or loss of use of system(s) arising out of the Preschool2me Services.

You warrant and represent that data uploaded (or entered, saved, pictures, videos etc.) by you shall not (i) infringe any copyright, trademark, patent, trade secret, or other proprietary right of any 3rdparty; (ii) be profane, obscene, indecent or violate any law or regulation; (iii) defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iv) incite discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes; or (v) restrict or inhibit any other user from using the Preschool2me Services. We have no obligation to monitor uploaded data or any content provided by you, related to the Preschool2me Services. However, we reserve the right to review any data or content provided by you, and take any action we deem necessary as to such content, including but not limited to editing or removing your content and/or suspending or terminating your access to the Preschool2me Services based on your breach of these terms and conditions.

Any other issues regarding use of data is addressed further in our Privacy Policy document located at http://www.preschool2me.com/users/privacy.html

9. Force Majeure

Neither party shall be liable to the other for any failure to perform any of its obligations under this T&C document during any period in which such performance is delayed by circumstances beyond its reasonable control, such as fire, flood, war, embargo, strike, riot, terrorism, or the intervention of any governmental authority (a “Force Majeure”).

10. Dispute Resolution

In case of any disputes, claims or controversies between you and us, shall be governed by the laws of State of North Carolina without regards to conflict of law. The parties agree that any Dispute shall be brought exclusively in the state or federal courts located in Mecklenburg County, North Carolina.

Every preschool is required to read and sign this T&C document before they can register with any of the Preschool2me Services, including, but not limited to, the Preschool2me website, PS2MeTeacher App, or PS2MeParent App. You acknowledge that you have read through these terms and conditions governing the use of these Preschool2me applications. If you have any questions, please contact your preschool or us at talk2us@preschool2me.com.

Notification of changes to Terms and Conditions document

Any changes to this document shall be posted at http://www.preschool2me.com/users/terms.html