Terms of Service

Effective Date: May 5, 2019

Welcome to ClassKite, a management platform for children’s activities providers. 

Please read these Terms of Use (the “Agreement” or “Terms”) carefully, as they contain the legal terms and conditions that govern your use and access of the website, https://classkite.com (the “Site”, “ClassKite”, or the “Platform”).  This Agreement governs your use of ClassKite and constitutes a legally-binding agreement between each user (“you” or “your”) and ClassKite, LLC (“we,” “us,” “our,” or the “Company”).  

We reserve the right to update and change these Terms of Service without notice.  

Violation of any of the terms below may result in the termination of your account.

If you have any questions about this Agreement, please contact us at hello@classkite.com. 

Acceptance

By simply accessing or using ClassKite, including just browsing our site, you are agreeing to comply with and be bound by the following terms of use and our associated Privacy Policy. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site or Application.

If you do not agree to these Terms, or any other policies, please refrain from using our Site.  

Eligibility

By using ClassKite, you represent and warrant that you meet all eligibility requirements outlined in these Terms. We reserve the right to refuse to let certain people access or use the Platform and the right to change our eligibility criteria.

We only permit individuals who are at least 18 years old and can form legally binding contracts with us to use the Service.  If you are under 18 years old and would like to use ClassKite, you may do so only if a parent or legal guardian who is at least 18 years old supervises you.  In all cases, the adult would be the user and is responsible for any and all activity.

Privacy

Your privacy is important to us.  Our Privacy Policy details how your information is used when you access our Platform, and it’s also a part of our Terms, so please carefully read it here.

Account Terms

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
  3. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  5. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
  6. ClassKite is not responsible for third party access to your account that results from theft or misappropriation of your account. 
  7. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  8. ClassKite and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Email Communication

You consent to receive electronic communications from ClassKite and/or Providers using ClassKite, including but not limited to, emails relating to activities that you register for on ClassKite, support emails, and/or promotional emails.  While you cannot opt-out of transactional emails — such as order confirmations, invoices, and specific communication about your classes — you can opt-out of promotional emails by clicking the unsubscribe link found at the bottom of our promotional emails.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing support@classkite.com.
  2. All of your content will be inaccessible from the Service within 30 days upon cancellation. Within 60 days, all content will be permanently deleted from backups and logs. This information can not be recovered once it has been permanently deleted.
  3. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Company web site or the Service itself.
  3. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

  1. All content posted on the Service must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
  3. The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to edit, refuse or remove any content that is available via the Service.
  4. The Provider is responsible for and retains the ownership to all content uploaded to their account.
  5. The look and feel of the Service is copyright © ClassKite, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.

Indemnification

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site and/or Platform.

Third-Party Services

We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. We are not liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.

Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Payments

You represent and warrant that if you are purchasing something from us or from Providers that (i) any credit or bank account draft (ACH Draft) information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company or financial institution, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Refund and Cancelation Policy

Providers

If a service, such as the Application purchased or subscribed to by you proves to be not to your reasonable satisfaction, you can request a refund within 30 days of the original sign-up date, by emailing support@classkite.com. In such event, we will provide you with a full refund of the entire first month’s subscription fees pertaining to the Application not including any setup fees, support fees, data backup and/or data recovery fees and any other non-subscription based fees. If you wish to cancel any existing subscriptions after your first 30 days, such as a monthly subscription to the ClassKite service, you must do so by emailing support@classkite.com and we will cancel your account and stop all future payments.  ClassKite WILL NOT ACCEPT any other form of cancelation including but not limited to Fax, Phone, or Postal Mail. This is done so that way we may verify ownership of the account prior to termination and deletion of data.  ClassKite does not allow for any type of refunds on subscription charges after the initial 30 days after signup, there are no exceptions. 

Parents and Guardians

Any payments you make go directly to the Provider.  Please reach out to the Provider directly for any refunds or cancelations.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided via email.
  3. You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service.
  5. You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
  7. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Provider, Company employee or officer will result in immediate account termination.
  9. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  10. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  11. The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
  12. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
  13. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
  14. Questions about the Terms of Service should be sent to support@classkite.com.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.