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Terms Of Use

AGREEMENT BETWEEN USER AND CHILDPILOT SOFTWARE

Welcome to ChildPilot Software. Please read these Terms of Use to learn the rules and restrictions that govern your use of the ChildPilot Software website, products, services, and applications (“Products/Services: Administrative Suite, Teacher Portal, Parent Portal, Web Design & Hosting, and ChildPilot Skycap Mailer CRM Hub”). If you have any questions or concerns regarding these Terms or the Services, please get in touch with us at info@childpilot.com.

These Terms of Use serve as a binding agreement between you and ChildPilot Software Inc. These Terms of Use only applies for the use of the ChildPilot Software website and the ChildPilot Software products, services, and applications (“Products/Services: Administrative Suite, Teacher Portal, Parent Portal, Web Design & Hosting, and ChildPilot Skycap Mailer CRM Hub”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. You using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

MODIFICATION OF THESE TERMS OF USE

ChildPilot Software reserves the right to revise these Terms of Use and conditions without prior notice. If we do, we will do our best to bring it to your attention by placing a notice on our website, but you are responsible for knowing what the current Terms of Use are and should therefore, periodically visit this page to determine the then current Terms of Use by which you are bound. Our terms of use were last updated on January 2023.

USER PRIVACY PROTECTION

ChildPilot Software takes the privacy of its users very seriously. Please click here to revise the current ChildPilot Software Privacy Statement.

CHILDPILOT SOFTWARE COMMITMENT TERMS

CHILDPILOT OBLIGATIONS

A. Set up and maintain a secure, partitioned database of the Client’s member information.
B. ChildPilot agrees to provide high system reliability, availability, and security levels as outlined in the section. Maintain Firewalls, Anti-Virus, and Malware Protection.
C. Run one backup daily and store it off-site.
D. Provide training for Administrators and Staff.
E. Provide email support with a 24-hour response time guaranteed.
F. Provide telephone support Monday to Friday, 9:00 AM to 5:00 PM CST, and after-hours in emergencies.
G. Provide all updates and new published features to Client software at no additional cost to the Client.
H. Never sell or share your member information.

INTERNET SAFETY

ChildPilot Software provides childcare providers, early learning programs, and parents communication tools to record personal data and share children's activities. As a result, we take the safety, security, and privacy of all our user's information very seriously. We are committed to having the latest security systems in place to protect this information and policies that respect all our users' privacy.

SERVER SECURITY

Data acquired on the ChildPilot Software website and all information stored within its products, services, and applications ("Products/Services: Administrative Suite, Teacher Portal, Parent Portal, Web Design & Hosting, and ChildPilot Skycap Mailer CRM Hub") are stored and protected in the Google Cloud (GCP) infrastructure. It is one of the most secure cloud computing environments, with highly secure data centers utilizing state-of-the-art electronic surveillance and access control systems, including trained security guard protection.

DATABASE SECURITY

ChildPilot Software database complies with the most stringent security requirements. As part of our first-rate services, all data is stored encryption-at-rest. Encrypting data at rest means that your data would remain safe and secure in the exceedingly unlikely event of a physical breach of the underlying infrastructure.

USE OF CHILDPILOT SOFTWARE SERVICES & PRODUCTS TERMS

These Terms apply to your use of all the Childpilot Administrative Software Users.

CONTRACT AGREEMENT

Upon contract submission, You agree to accept responsibility for your actions when accessing and using the ChildPilot Software website, products, services, and applications (“Products/Services: Administrative Suite, Teacher Portal, Parent Portal, Web Design & Hosting, and ChildPilot Skycap Mailer CRM Hub”); and that you are:
a. An individual of legal age to form a binding contract.
b. Signing on behalf of an organization and agreeing that you are authorized to agree to these Terms of Use on their behalf.

PAYMENT AGREEMENT , RENEWAL, TERMINATION & TERMS

PAYMENT AGREEMENT

Payment and Fees will be due upon receipt of the invoice. Accounts 15-30 days past due may result in a late fee or service interruption.

RENEWAL & TERMINATION AGREEMENT

A. The initial term of this agreement shall commence on the date of execution by both parties and shall continue for a period of twelve (12) Months from the date of commencement, unless terminated as provided below. Thereafter, the agreement shall automatically renew for successive periods of twelve (12) months unless terminated as provided below.

B. Early Termination: If Client terminates prior to the twelve months of the initial agreement Client agrees to turn in a thirty (30) day written notice.

PROMOTIONAL SERVICES & PRODUCTS AGREEMENT

Upon promotion grant, the client agrees to maintain ChildPilot Software services for at least twelve (12) months. If Client terminates prior to the twelve (12) months of the initial agreement without allowing ChildPilot Software to fix and/or find a resolution, the client agrees to pay an Early Termination Fee.

CLIENT REQUIREMENTS & RESPONSIBILITIES TERMS

You will be required to create user credentials for your account username ("Email") and password. You agree to provide us with data (“Email”) that belongs to you. In addition, You must protect the security of your account and your password. ChildPilot Software is not liable or responsible for any activity associated with your account if you disclose or share your credentials.

Provide ChildPilot Software complete and accurate data required in order to better serve you to set up your Products & Services (“Products/Services: Administrative Suite, Teacher Portal, Parent Portal, Web Design & Hosting, and ChildPilot Skycap Mailer CRM Hub”).

By providing this information to ChildPilot Software, You agree that you have the right to use and share this information with ChildPilot Software.

PORTAL APP USER

These Terms apply to your use of all the Childpilot Portal App Users:

SECURITY OF PORTAL APP USER INFORMATION

ChildPilot Software secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use, or disclosure. When personal information (such as personal data or a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

ACCESS TO PORTAL APPS

Access to the ChildPilot Software Portal is provided only to the prospective portal user by the childcare or early learning program administrator. Once granted access to the ChildPilot Software Portal App, it is at the user’s sole discretion to share their information. Access to Portal Apps can be revoked promptly upon request from an administrator.

PERSONAL INFORMATION

ChildPilot Software portal collects personal identifiable information such as Name, Address, Telephone Number, and Email. ChildPilot Software does not share, sell, rent or lease its user’s information to anyone. In addition, ChildPilot Software’s Representatives have access to such information to help us perform statistical analysis and provide customer support via email or phone communication. All such third parties are prohibited from using your personal information except to provide these services to ChildPilot Software, and they are required to maintain the confidentiality of your information.

USER ACCOUNT

To use the ChildPilot Software Portal App, You will be required to create an account with a designated username ("Email") on file provided to the childcare or early learning program and select a password. You promise to provide us with an accurate username (“Email”). You may not select as your ChildPilot username (“Email”) you don’t have the right to use or another person’s (“Email”) with the intent to impersonate that person. You may not transfer or share your account with anyone else. You must protect the security of your account and your password. You’re responsible for any activity associated with your account.

AUTHORIZATION TO ACCESS PHOTOS

ChildPilot Software Portal usage requires access to photos for any ChildPilot Software Portal user to upload or download any media within our database to be saved onto their mobile device. In addition, ChildPilot Software does not or will never have the ability to go within your device and view, monitor, or receive any of your personal information stored or delivered to your personal device.

GENERAL TERMS

LINKS TO THIRD PARTY SITES

The ChildPilot Software website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ChildPilot Software, and ChildPilot Software is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. ChildPilot Software is not responsible for webcasting or any other form of transmission received from any Linked Site. ChildPilot Software is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ChildPilot Software of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the ChildPilot Software website, products, and services, you warrant to ChildPilot Software that you will not use the ChildPilot Software website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ChildPilot Software website in any manner that could damage, disable, overburden, or impair the ChildPilot Software website or interfere with any other party's use and enjoyment of the ChildPilot Software website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ChildPilot Software websites.

USE OF COMMUNICATION SERVICES

  • Defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (such as rights of privacy and publicity).
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
  • Upload files that contain content or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights to it or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's device.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services without the proper intention.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Violate any applicable laws or regulations.

ChildPilot Software has no obligation to monitor the Communication Services. However, ChildPilot Software reserves the right to review materials posted to a Communication Services and to remove any materials at its sole discretion. ChildPilot Software reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ChildPilot Software reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, in ChildPilot Software's sole discretion.

Always use caution when giving out personally identifying information about yourself or your children in any Communication Service. ChildPilot Software does not control or endorse the content, messages or information found in any Communication Service; therefore, ChildPilot Software specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ChildPilot Software spokespersons, and their views do not necessarily reflect those of ChildPilot Software.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CHILDPILOT SOFTWARE OR POSTED ON ANY CHILDPILOT SERVICES AND WEBSITE

ChildPilot Software does not claim ownership of the materials you provide to ChildPilot Software (including feedback and suggestions) or post, upload, input or submit to any ChildPilot Software website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your submission, you are granting ChildPilot Software, its affiliated companies, and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.

No compensation will be paid concerning the use of your submission, as provided herein. ChildPilot Software is not obligated to post or use any submission you may provide and may remove any submission at any time in ChildPilot Software's sole discretion.

By posting, uploading, inputting, providing, or submitting your submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ChildPilot Software WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ChildPilot Software AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ChildPilot Software WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ChildPilot Software WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ChildPilot Software AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ChildPilot Software WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ChildPilot Software AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ChildPilot Software AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ChildPilot Software WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ChildPilot Software WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ChildPilot Software WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ChildPilot Software WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ChildPilot Software OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ChildPilot Software WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ChildPilot Software WEB SITE.

SERVICE CONTACT : rtoupal@sportspilot.com

TERMINATION/ACCESS RESTRICTION

ChildPilot Software reserves the right, in its sole discretion, to terminate your access to the ChildPilot Software Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Collin County, Texas, U.S.A. in all disputes arising out of or relating to the use of the ChildPilot Software Web Site. Use of the ChildPilot Software Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ChildPilot Software as a result of this agreement or use of the ChildPilot Software Web Site. ChildPilot Software's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ChildPilot Software's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ChildPilot Software Web Site or information provided to or gathered by ChildPilot Software with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ChildPilot Software with respect to the ChildPilot Software Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ChildPilot Software with respect to the ChildPilot Software Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the ChildPilot Software Web Site are: Copyright 2024 by ChildPilot and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

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