Thanks for using KidvoKit! Our mission is to empower parents to be the special education advocate their child needs by using technology to simplify and demystify the IEP process. These terms of service (“Terms”) cover your use and access to our services, client software and websites (“Services”). If you reside in North America your agreement is with KidvoKit, Inc. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy.
Your Stuff & Your Permissions
When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Stuff”). You own your Stuff; KidvoKit doesn’t own it. To provide our products to you, we need your permission (in legal language, a license) to use your Stuff. You may need to register for an account to access the Services, and we may create an account for you so that you can interact with the Services. You grant us a license to your Stuff for the limited purposes of:
- Operating, providing, improving, troubleshooting, and debugging our Services (for example, your recategorization of a document may help train our classification engine);
- Protecting our Services (for example, to analyze patterns in usage to prevent abuse);
- Customizing our Services (for example, to create personalized suggestions for you);
- Developing new Services or features (for example, creating an accommodations database using aggregated and anonymous data).
The license you give us is only for the above purposes. That means we will not, for example, sell or license your Stuff to third-party data brokers.
The license you grant us is:
- Worldwide (so you can access your Stuff from anywhere in the world);
- Non-exclusive (meaning you own your Stuff and can also license it to other people or companies);
- Royalty-free (meaning we don’t pay you for it); and
- For as long as intellectual property laws protect your Stuff.
The license you give us allows us to—solely for the purposes outlined above—access, store, and scan,modify, and create derivative works of (such as creating your child’s profile based on their IEP) your Stuff. The license you give us also permits our service providers to assist us in doing this.
Your Responsibilities
Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
KidvoKit may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. We aren’t responsible for the content people post and share via the Services.
Help us keep Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 16 years old and reside in the United States.
Beta Services
We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as KidvoKit’s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback. Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.
From time to time, KidvoKit will add additional features to enhance the user experience of our storage service at no additional charge. However, these free features may be withdrawn without further notice.
Third-Party Features
The Services may give you the option to link to third-party features and integrations. KidvoKit does not own or operate any such features or integrations. If you access or use any third-party features or integrations, you are responsible for this access and use, and KidvoKit is not responsible for any act or omission of the third party or the availability, accuracy, the related content, products or services of third parties.
Our Stuff
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, KidvoKit trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Subscriptions
You can become a subscriber by purchasing a subscription (depending on which options you choose, those fees may recur each month or year thereafter, at the then-current rate) to the Services from the Website.
Free Trial – KidvoKit may offer a free trial period for new users to explore our features. To activate the free trial, you may be required to provide payment information. Details regarding the duration of the free trial and any associated terms will be provided at the time of sign-up. By starting a free trial, you agree to the terms provided and understand that if you do not cancel before the trial ends, a subscription fee may be charged as outlined in the sign-up terms.
Billing and Payment– If you choose to continue using KidvoKit beyond any free trial period, your payment method may be automatically charged according to the subscription plan selected at sign-up. KidvoKit reserves the right to adjust subscription plans, fees, and billing terms; such changes will be communicated to you, and any adjustments will apply to future billing cycles.
Cancellation Policy – You may cancel your subscription at any time by adjusting your account settings or contacting support at support@kidvokit.com. Canceling before a trial period ends or before a renewal date will prevent future charges, but once a payment is processed, it may not be refunded except in specific circumstances as outlined below.
Refund Policy – Payments for subscriptions are generally non-refundable. Once your subscription is activated and the payment is processed, no refunds will be issued for the current term, except in cases of billing errors or technical issues that prevent access to the service for an extended period. Such exceptions will be granted at KidvoKit’s discretion and handled on a case-by-case basis.
Automatic Renewal – KidvoKit subscriptions may renew automatically based on the terms selected at sign-up. To avoid renewal, please disable auto-renewal in your account settings or contact us before the next billing date.
Contact for Support and Refund Requests – For questions regarding billing, cancellations, or refunds, please reach out to our support team at support@kidvokit.com. We will review your request and respond within three business days.
Termination
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if KidvoKit reasonably believes:
- you’re in breach of these Terms,
- your use of the Services would cause a real risk of harm or loss to us or other users, or
- you don’t have a Paid Account and haven’t accessed our Services for 12 consecutive months.
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice or an opportunity to export Your Stuff before termination or suspension of access to the Services where KidvoKit reasonably believes:
- you’re in material breach of these Terms, which includes, but is not limited to, violating our Acceptable Use Policy ,
- doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
- we’re prohibited from doing so by law.
Once we suspend or terminate your access to the Services, you will not be able to access or export Your Stuff. KidvoKit does not provide refunds if we suspend or terminate your access to the Services, unless required by law.
Discontinuation of Services
We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond KidvoKit’s control (for example a natural disaster, fire, or explosion), or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Stuff from our systems (we will give you no less than 30 days’ notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.
Services “AS IS“
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, KidvoKit AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR KidvoKit’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, KidvoKit, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:
- ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
- ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT KIDVOKIT INC OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
Resolving Disputes
Let’s Try to Sort Things Out First. We want to address your concerns without needing a formal legal case. Before filing a claim against KidvoKit, you agree to try to resolve the dispute informally by sending us a written Notice of Dispute at info@KidvoKit.com that includes your name, a detailed description of the dispute, and the relief you seek. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days after submission, you or KidvoKit may bring a formal proceeding.
Judicial Forum for Disputes. You and KidvoKit agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Middlesex County, Massachusetts, subject to the mandatory arbitration provisions below. Both you and KidvoKit consent to venue and personal jurisdiction in such courts.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and KidvoKit agree to resolve any claims relating to or arising out of these Terms or the Services through final and binding individual arbitration by a single arbitrator, except as set forth under the “Exceptions to Agreement to Arbitrate” below. This includes disputes arising out of or relating to the interpretation or application of this “Mandatory Arbitration Provisions” section, including its scope, enforceability, revocability, or validity. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The AAA’s rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be held in the United States county where you live or work, Boston, MA, or any other location we agree to.
Arbitration Fees and Incentives. The AAA rules will govern payment of all arbitration fees. For individual arbitration of non-frivolous claims less than $75,000 for which you timely provided KidvoKit with a Notice of Dispute, KidvoKit will reimburse arbitration filing fees at the conclusion of the arbitration and will pay other arbitration fees. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims. KidvoKit will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous or brought for an improper purpose.
NO CLASS OR REPRESENTATIVE ACTIONS.You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
Severability.If any part of this “Mandatory Arbitration Provisions” section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this “Mandatory Arbitration Provisions” section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.
Controlling Law
These Terms will be governed by Delaware law except for its conflicts of laws principles.
Entire Agreement
These Terms constitute the entire agreement between you and KidvoKit with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.
Waiver, Severability, and Assignment
KidvoKit’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. KidvoKit may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms to better reflect:
- changes to the law,
- new regulatory requirements, or
- improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or by posting the modified terms on our website. These updated terms will be effective no less than 30 days from when we notify you.
If you don’t agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
Kidvokit Acceptable Use Policy
KidvoKit supports your advocacy efforts for children with disabilities, and we’re proud of the trust placed in us. In exchange, we trust you to use our services responsibly.
You agree not to misuse the KidvoKit services (“Services”) or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
- nterfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions;
- circumvent storage space limits;
- sell the Services unless specifically authorized to do so, or purchase the Services from an unauthorized seller;
- publish, share, or store materials that constitute child sexually exploitative material (including material which may not be illegal child sexual abuse material but which nonetheless sexually exploits or promotes the sexual exploitation of minors), unlawful pornography, or are otherwise indecent;
- publish, share, or store content that contains or promotes extreme acts of violence or terrorist activity, including terror or violent extremist propaganda;
- advocate bigotry, hatred, or the incitement of violence against any person or group of people based on their race, religion, ethnicity, national origin, sex, gender identity, sexual orientation, disability, impairment, or any other characteristic(s) associated with systemic discrimination or marginalization;
- harass or abuse KidvoKit personnel or representatives or agents performing services on behalf of KidvoKit;
- violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading, or that violates the intellectual property rights of others;
- violate the privacy or infringe the rights of others, including publishing, sharing, or storing other people’s confidential or identifying information without authorization for the purposes of harassing, exposing, harming, or exploiting them;
- use the Services to back up, or as infrastructure for, your own cloud services;
- use the storage space provided by the Services as the basis for cryptographic proof-of-space or proof-of-storage, or any similar proof system;
- engage in any type of payment fraud, including unauthorized use of credit cards or other payment methods, illegitimate chargebacks, or any other method of obtaining the Services without required payment.
We reserve the right to take appropriate action in response to violations of this policy, which could include removing or disabling access to content, suspending a user’s access to the Services, or terminating an account.