Updated: January 19, 2024
This Upkid Acceptable Use Policy (“AUP”) is designed to protect the integrity, reliability and stability of the networks, systems, application, and related services of Upkid, Inc. (the “Upkid Platform”) and is applicable to any user of the Upkid Platform, including, but not limited to both Upkid customers (child care programs, daycares, etc.) and all Upkid Teachers (collectively, “Users”). Use of the Upkid Platform by a User must, at all times, conform to this AUP, as well as any other terms and conditions between the User and Upkid. By accessing or using any part of the Upkid Platform, User agrees to be bound by this AUP. Each User shall be responsible for its direct use of the Upkid Platform, as well as that of any third-party that such User has enabled to use the Upkid Platform. Upkid reserves the right, in its sole and exclusive discretion, to modify this AUP. Upkid shall use commercially reasonable efforts to post notification of any such changes to this AUP on its website or through the Upkid mobile app. However, continued use of or access to the Upkid Platform following the posting of any changes constitutes acceptance of those changes. This AUP replaces any previous AUPs that may have been previously posted by Upkid regarding the subjects addressed below.
1. User’s use of the Upkid Platform must, at all time, comply with all applicable laws, regulations and government orders.
2. Each User shall be solely responsible for all User login credentials, including identifications (“UserID(s)”) and passwords, issued to it or generated through the Upkid Platform and any actions by anyone using such UserID(s). User shall not disclose or share its UserID(s) or password with anyone and is responsible for all activities that occur with respect to its account, whether or not it knows about or authorizes them. If a User reasonably believes that its UserID(s) and/or passwords have been compromised, it shall notify Upkid immediately. User agrees that Upkid shall not be liable for any loss or damage arising from your failure to comply with this Section.
3. A User may need to register for third-party services (e.g., Apple’s App Store, Google Play, Plaid, or Stripe) and/or otherwise enable various third-party services that may directly integrate with User’s Upkid experience (“Third-Party Services”). By enabling Third-Party Services within the Service, a User agrees to allow Upkid to pass User’s log-in credentials or other information (e.g., tokenized authentication information) to such Third-Party Service providers for this purpose. Please remember that the manner in which Third-Party Services use, store and disclose your information is governed solely by the policies of such third parties, and Upkid shall have no liability or responsibility for the privacy practices or other actions of any Third-Party Service or site that may be enabled within the Service. In addition, Upkid is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with such Third-Party Services, and such Third-Party Services may revoke a User’s right to access and/or authenticate to such Third-Party Service at any time. As such, Upkid is not liable for any damage or loss caused or alleged to be caused by or in connection with User’s use of or reliance on any such Third-Party Service. Upkid enables these features merely as a convenience to Users and the inclusion of such features does not imply an endorsement or recommendation of them.
4. Upkid shall be free to implement, use, modify or otherwise exploit, User’s ideas, suggestions or materials (or any part thereof) related to the Upkid Platform without any payment or other obligation to User, and User agrees never to assert against Upkid any claim based on any proprietary rights therein. User acknowledges that Upkid may modify, update or otherwise change the Upkid Platform without notice from time to time.
5. User acknowledges and agree that the Upkid Platform may contain content (“Service Content”) that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Upkid, User agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Upkid Platform or the Service Content. In connection with User’s use of the Upkid Platform, User shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Upkid Platform or the Service Content other than as specifically and explicitly authorized herein or in another written agreement between the User and Upkid (e.g., the Terms of Use or a Upkid Customer Agreement) is strictly prohibited. The technology and software underlying or related to the Upkid Platform is the property of Upkid. User agrees not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Upkid Platform. Any rights not expressly granted herein are reserved by Upkid.
6. With respect to the Upkid Platform, User shall not do (nor shall it encourage or enable any other individual to do) or attempt to do any of the below. Further, Upkid may modify, limit, or revoke any User’s access to or ability to use the Upkid Platform if User does or attempts to do any of the below (or encourages or enables any other individual to do any of the below):
6a. post, upload, publish, submit or transmit any material on the Upkid Platform that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, service mark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, indecent, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm to or against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
6b. export, re-export, or permit downloads of any content in violation of the export or import laws of the United States;
6c. use, display, mirror or frame the Upkid Platform or any individual element therein;
6d. access, tamper with or use non-public areas of the Upkid Platform or the systems of Upkid or Upkid’s providers;
6e. attempt to probe, scan or test the vulnerability of any Upkid system or network (including the Upkid Platform) or breach any security or authentication measures;
6f. avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Upkid or any of Upkid’s providers or any other third party (including another User) to protect the Upkid Platform or its systems, including, but not limited to any attempt to circumvent User authentication or security of any host, network or account;
6g. execute any form of network monitoring that will intercept data not intended for the User;
6h. interfere with or deny service to any User of the Upkid Platform (e.g., a denial of service attack) including, but not limited to use of any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a User’s session;
6i. take any actions that restrict or inhibit anyone (whether a customer of Upkid, a Upkid Teacher or otherwise) in his or her use or enjoyment of the Upkid service, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services;
6j. take any action that impacts the safety, security, rights or property of any User or member of the general public;
6k. introduce or seek to introduce into the Upkid Platform or its systems, the networks or systems of any of Upkid’s providers or those any other third party, any computer code, programs, procedures, mechanisms or programming devices (including, without limitation, any code typically identified as a virus, Trojan horse or worm) that is or are designed to, or would enable User or any third party, to disrupt, modify, delete, damage, deactivate, disable, harm, access without authorization or otherwise impede the operation of the any Upkid, provider or end user system, or any other associated software, firmware, hardware, computer system or network;
6l. transmit, collect or store any personally identifiable information from the Upkid Platform from other Users without their express permission;
6m. impersonate or misrepresent an affiliation with any person or entity;
6n. Accept a posted position on the Upkid Platform that the User does not in good faith intend to complete in full as described, or conversely, post a position on the Upkid Platform that the User does not in good faith intend to have completed in full as described;
6o. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation to other Users of Upkid via the Upkid Platform;
6p. Use the Upkid Platform for any commercial purpose or for the benefit of any third party except as intended through the provided functionality of the Service; or
6q. Collect any personally identifiable information, including account names or other User identities or contact information, from the Service, nor use Upkid Platform or any part thereof for commercial solicitation purposes.
6r. Upkid respects the intellectual property of others and expects all Users to do the same. Upkid may, in its sole discretion, disable and/or terminate the accounts of any User who it reasonably believes has violated or infringed the intellectual property or other rights of any third-party. If User believes that its content has been used or duplicated by a third-party in such a way that would constitute copyright infringement, or if it believes its intellectual property rights have been otherwise violated, it should provide to Upkid’s designated Copyright Agent (set forth below) the following information (a “Notice”), as required by Section 512(c)(3) of the Digital Millennium Copyright Act:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that User claims has been infringed;
- A description of where the material that User claims is infringing is located on the site, with enough detail that Upkid may find it;
- User’s physical address, telephone number, and email address;
- A statement by User that it has a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by User, made under penalty of perjury, that the above information in such Notice is accurate and that User is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Deliver this Notice, with all items completed, to Upkid’s Designated Copyright Agent:
Copyright Agent c/o
Upkid, Inc.
3450 Triumph Blvd
Suite 102
Lehi, UT
84043, U.S.A.
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