Last Updated: October, 10th, 2024
Welcome to WizHippo! Please review these Terms of Service carefully as they form a binding agreement between you (“you” or “user”) and WizHippo, Inc. (“WizHippo,” “we,” “us,” or “our”). By accessing or using our platform, you agree to comply with these terms. If you disagree with any part of the Terms, please do not use WizHippo services.
1. Services Overview
WizHippo provides a SaaS platform designed for the efficient management of daycare centers, preschools, and kindergartens. Our platform includes features for enrollment management, billing, attendance tracking, parent/staff communication, scheduling, and more. The services provided by or through this website and mobile applications (the “Platform”) are collectively referred to as the “Services.”
2. Eligibility
By accessing or using the Services, you represent and warrant that you are at least 18 years old and have the legal authority to enter into this agreement. If you are using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on behalf of that entity.
3. Account Registration
To use certain features of the Platform, you must register for an account. You agree to provide accurate, complete, and updated information during the registration process. You are solely responsible for maintaining the confidentiality of your login credentials and for any activity that occurs under your account. If you suspect unauthorized use, notify us immediately at [email protected].
4. Subscription and Payment
Certain WizHippo features require payment. Our Services are offered through various subscription plans (the “Plans”), which are billed on a recurring basis (monthly or annually). By purchasing a subscription, you authorize us to charge your payment method for the agreed subscription period. All fees are non-refundable unless otherwise specified in our Refund Policy. We reserve the right to modify the pricing of the Plans, and we will notify you in advance of any changes.
You may cancel your subscription at any time, but cancellation will only take effect at the end of the current billing cycle. You will continue to have access to the Services until the end of your subscription period. Any cancellation must be done through your WizHippo account or by contacting our support team.
Payment Processing Fees
All payments made through the Platform are subject to processing fees charged by our third-party payment processor. These fees typically include standard credit card processing rates (e.g., 2.9% + $0.30 per transaction) or other payment method-specific fees. In addition to these fees, WizHippo may apply a platform service fee of [X]% on each transaction processed through the Platform.
Negative Balance Liability
You agree that you are responsible for any negative balance incurred in your account. In the event that your account’s balance falls below zero, you authorize WizHippo to recover the negative amount from future payouts or any other funds available in your account. If the negative balance is not cleared within 5 days, WizHippo reserves the right to take additional actions, including legal recourse, to recover the owed amount.
Changes to Fees
The payment processing fees and platform service fees are subject to change. WizHippo will notify you of any changes in advance, and the updated fees will be reflected on the Platform or communicated through other appropriate means.
5. User Conduct
You agree to use WizHippo only for lawful purposes and in accordance with these Terms. You further agree not to:
- Use the Services in a way that violates any applicable laws or regulations;
- Upload, post, or transmit any content that infringes on the rights of others, including intellectual property rights;
- Use the Services to send unauthorized communications (e.g., spam);
- Introduce viruses or other harmful software to the Platform;
- Attempt to reverse engineer or access any part of the Platform that is not intended for public access.
We reserve the right to terminate your account if you engage in any prohibited activities.
6. Data Privacy and Security
WizHippo is committed to protecting your privacy. Our collection and use of your personal information are governed by our Privacy Policy. By using the Platform, you agree that we may process your data in accordance with this policy. Although we implement measures to protect your data, no system can be fully secure. By using WizHippo, you accept these risks.
7. Intellectual Property
All content, features, and functionality on the Platform, including but not limited to text, graphics, logos, and software, are the property of WizHippo or our licensors and are protected by international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive license to use the Services solely for their intended purpose. You may not modify, reproduce, or distribute any content from the Platform without express written consent.
8. User Content
You retain ownership of any content you post or upload to WizHippo (e.g., messages, documents). However, by posting or uploading content, you grant WizHippo a perpetual, worldwide, royalty-free, and transferable license to use, distribute, display, and perform that content in connection with the operation of the Services. You represent and warrant that you own the rights to any content you upload and that such content does not violate any laws or third-party rights.
9. Modifications to the Services
We continually work to improve WizHippo and may modify or discontinue any part of the Services at any time without prior notice. We will attempt to notify you of any material changes that affect your use of the Services, but we are not liable if we fail to do so.
10. Disclaimer of Warranties
WizHippo provides the Services “as is” and “as available,” without any warranties, express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or free from viruses or other harmful components.
11. Limitation of Liability
To the fullest extent permitted by law, WizHippo shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Services, including but not limited to lost profits, lost data, or business interruptions. In no event shall WizHippo’s aggregate liability exceed the total amount paid by you to use the Services in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify and hold harmless WizHippo, its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including attorneys’ fees) arising out of your use of the Services, your violation of these Terms, or your infringement of any third-party rights.
13. Termination
WizHippo may suspend or terminate your access to the Services at any time, with or without cause, including if you violate these Terms. Upon termination, your right to use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination will do so, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
14. Dispute Resolution
Any disputes arising from these Terms or your use of the Services will be resolved through binding arbitration, in accordance with the rules of the American Arbitration Association. The arbitration will take place in [Your Location], unless otherwise agreed by both parties. Both parties waive any right to a jury trial or to participate in a class action lawsuit.
15. Governing Law
These Terms and any disputes arising out of or relating to them will be governed by the laws of State of Illinois, without regard to its conflict of law principles.
16. Miscellaneous
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. These Terms constitute the entire agreement between you and WizHippo regarding your use of the Services and supersede any prior agreements.
For questions or concerns regarding these Terms, please contact us at [email protected].