Terms of Service

Important Notice

Effective Date: September 1, 2024

Last Updated: July 15, 2026

Please read these Terms of Service carefully. They form a binding agreement between WizHippo LLC and the Customer that obtains, administers, or uses the Services.

These Terms govern the business relationship between WizHippo and the Customer. They do not create a direct childcare, custody, educational, medical, employment, fiduciary, payment, or professional relationship between WizHippo and any child, parent, guardian, employee, contractor, or other person whose information may be processed through a Customer account.

By creating an account, starting a Free Trial, purchasing or renewing a Subscription, accepting an Order, or accessing or using the Services, the Customer agrees to these Terms. A person accepting these Terms for an organization represents that the person has authority to bind that organization.

Table of Contents

1. Agreement and Order of Precedence

2. Definitions

3. Eligibility, Authority, and Account Information

4. Description and Nature of the Services

5. Platform Evolution

6. Customer Accounts, Locations, and Users

7. Parent Users and Customer-Controlled Access

8. Subscription Plans and Orders

9. Free Trial

10. Subscription Fees, Billing, and Automatic Renewal

11. Pricing Changes, Taxes, and Credits

12. Failed Subscription Payments and Account Restrictions

13. Customer Responsibilities

14. Licensing, Regulatory Compliance, and Professional Judgment

15. Permissions, Custody, and Safety-Critical Decisions

16. Customer Data

17. Privacy and Data Protection

18. Security and Account Protection

19. Data Accuracy, Records, Exports, and Customer Backups

20. Acceptable Use

21. Prohibited Content and Safety-Critical Misuse

22. Enforcement, Investigations, Fraud, and Abuse

23. Third-Party Services and Integrations

24. Payment Services

25. Communications

26. Support and Temporary Support Access

27. Availability, Maintenance, and Service Changes

28. Intellectual Property and Access License

29. Feedback

30. Publicity

31. Confidentiality

32. Suspension, Cancellation, Termination, and Data Handling

33. Customer Disputes and Third-Party Relationships

34. Copyright and DMCA Policy

35. Export Controls and Sanctions

36. Warranties, Disclaimers, and Risk Allocation

37. Indemnification

38. Limitation of Liability

39. Dispute Resolution, Arbitration, and Governing Law

40. General Provisions and Contact Information

1. Agreement and Order of Precedence

These Terms of Service (the “Terms”) are a legally binding agreement between WizHippo LLC (“WizHippo,” “we,” “our,” or “us”) and the individual or legal entity that obtains or administers a Subscription or otherwise accesses the Services as a customer (“Customer,” “you,” or “your”). These Terms apply to all access to and use of the Services by the Customer, its Authorized Users, and Parent Users invited through the Customer account.

The agreement between the parties consists of: (a) an Order, online checkout page, or other written purchasing document accepted by WizHippo; (b) these Terms; (c) the WizHippo Privacy Policy; and (d) any additional terms expressly incorporated by reference (collectively, the “Agreement”).

If documents conflict, the following order controls: first, a signed writing that expressly identifies the provision it overrides; second, the applicable Order; third, these Terms; and fourth, policies incorporated by reference. A purchase order, vendor form, procurement portal term, or other Customer document does not modify the Agreement unless expressly accepted in a writing signed by WizHippo.

The Privacy Policy explains how WizHippo handles Personal Information in connection with the Services. It forms part of the Agreement but does not transfer to WizHippo responsibilities that applicable law assigns to the Customer as the organization controlling Customer Data.

2. Definitions

3. Eligibility, Authority, and Account Information

The Customer must be legally capable of entering into the Agreement. An individual accepting the Agreement for an organization represents and warrants that the individual has authority to bind that organization. WizHippo may request reasonable information to verify identity, authority, organization status, billing details, eligibility, ownership, or regulatory status.

The Customer will provide complete and accurate registration, account, legal, billing, tax, and contact information and will keep that information current. WizHippo may rely on information and instructions submitted through the Customer account unless it has actual notice of unauthorized access or a conflicting instruction from an authorized Customer representative.

4. Description and Nature of the Services

WizHippo provides subscription-based software intended to assist childcare organizations with administrative, operational, financial, communication, documentation, and compliance-related activities. The Services are tools that support Customer-directed processes; they do not replace the Customer’s professional judgment, internal controls, legal obligations, supervision, or duty of care.

WizHippo does not operate childcare facilities and does not make admissions, staffing, custody, authorized-pickup, medical, safety, disciplinary, licensing, educational, employment, tax, accounting, or legal decisions for the Customer. The Services are not legal, medical, tax, accounting, educational, licensing, or regulatory advice.

Descriptions, demonstrations, roadmaps, examples, screenshots, and marketing materials are illustrative and may describe functionality that varies by plan, configuration, geography, availability, or stage of development. They do not create a warranty or commitment unless expressly included in an Order signed by WizHippo.

5. Platform Evolution

The Customer acknowledges that cloud software changes over time. WizHippo may add, modify, replace, remove, suspend, limit, redesign, or discontinue features, workflows, interfaces, reports, templates, integrations, technologies, delivery methods, or other aspects of the Services. WizHippo may also change how functions are organized, accessed, displayed, or performed.

Nothing in the Agreement guarantees the permanent availability of a specific feature, report, workflow, interface, integration, device type, file format, application architecture, API, mobile application, or technology. WizHippo is not required to maintain a prior version of the Platform or provide backward compatibility, except as expressly agreed in writing.

Except where a change is reasonably necessary for security, legal compliance, prevention of harm, third-party dependency, or operational integrity, WizHippo will not intentionally eliminate substantially all core functionality of a paid Subscription during the then-current Subscription Term without offering a commercially reasonable transition, replacement, credit, or termination option, as determined by WizHippo in good faith.

6. Customer Accounts, Locations, and Users

Each Customer account is licensed solely to the subscribing organization. The Customer may not sell, rent, sublicense, share, or transfer an account except as permitted by Section 37. Unless an Order states otherwise, each separately operated childcare location requires its own Subscription. Where supported, WizHippo may permit centralized administration of multiple authorized locations.

The Customer may designate Authorized Users and assign permissions available within the Platform. Each Authorized User must use an individual account. Shared credentials, generic logins used by multiple people, credential pooling, and access by unauthorized persons are prohibited.

The Customer will create, modify, review, and remove access promptly; assign permissions consistent with job responsibilities and least-privilege practices; disable access after separation or role change; ensure users understand and comply with the Agreement; and remain responsible for activity occurring under Customer-controlled accounts.

WizHippo may treat instructions and actions submitted through an authenticated account as authorized by the Customer unless WizHippo has actual notice that the account has been compromised. The Customer will promptly notify WizHippo of suspected unauthorized access, compromise, fraudulent activity, or misuse.

7. Parent Users and Customer-Controlled Access

Parent User access is created, configured, and revoked solely by or on behalf of the Customer. Parent Users do not obtain independent administrative rights against WizHippo merely because they access Customer-controlled functionality.

WizHippo does not determine custody, guardianship, parental rights, family relationships, restraining orders, authorized-pickup status, or any other legal authority relating to a child. The Customer is solely responsible for deciding who may receive Parent User access and what information or functions are appropriate for that person.

Information submitted by a Parent User becomes Customer Data. The Customer must review and validate information before relying on it for operational, medical, safety, financial, custody, or regulatory purposes. WizHippo may direct Parent Users seeking access, correction, deletion, or other rights concerning Customer Data to the applicable Customer.

8. Subscription Plans and Orders

WizHippo may offer multiple Subscription plans with different pricing, functionality, usage limits, eligibility requirements, or optional services. The applicable Order identifies the purchased plan and billing cycle. Unless otherwise stated, Subscription fees are charged monthly or annually in advance.

WizHippo may introduce new plans, modify or retire plans for future purchases, establish usage limits, or offer promotions. Promotional terms apply only as stated and may not be combined. A plan or price offered to another customer does not entitle the Customer to the same terms.

9. Free Trial

Eligible organizations may receive a fourteen (14) day Free Trial of the designated compliance-oriented version or other functionality identified by WizHippo at enrollment. The Free Trial is for evaluation only, may have reduced functionality or support, and may be modified, limited, suspended, or discontinued at any time.

At the end of the Free Trial, access ends unless the Customer purchases a paid Subscription. Customer Data entered during a Free Trial may be deleted after the trial or retained for a limited period consistent with WizHippo’s then-current retention practices. The Customer should export any needed information before the trial ends.

WizHippo may deny or revoke a Free Trial to prevent abuse, duplicate trials, fraud, security risk, excessive resource use, or use inconsistent with evaluation purposes.

10. Subscription Fees, Billing, and Automatic Renewal

Subscription fees are payable in advance and are separate from tuition or other amounts paid by Parent Users to the Customer. The Customer authorizes WizHippo and its designated subscription payment processor to charge the payment method on file for fees, applicable taxes, and other amounts due under the Agreement.

Subscriptions automatically renew for successive periods equal to the expiring billing cycle unless cancelled before the renewal date. Cancellation stops future renewals but does not retroactively cancel the current billing period. Except where required by law or expressly stated in the Agreement, fees are non-refundable and unused time is not credited.

The Customer must maintain a valid payment method and current billing information. If the Customer disputes a charge, it must notify WizHippo promptly and provide information reasonably requested to investigate. An unjustified chargeback does not eliminate the underlying payment obligation.

11. Pricing Changes, Taxes, and Credits

Unless otherwise stated in an Order, existing Subscription pricing remains in effect through the current Subscription Term. WizHippo may change pricing, plan structure, included usage, or fees effective at the next renewal by providing reasonable advance notice through email, the Platform, the website, or another reasonable method.

Fees do not include sales, use, excise, value-added, withholding, or similar taxes, duties, or government assessments. The Customer is responsible for taxes associated with its purchase or use of the Services, other than taxes imposed on WizHippo’s net income. If WizHippo is required to collect or pay a Customer-responsible tax, WizHippo may charge it to the Customer unless the Customer provides a valid exemption certificate.

Any credit issued by WizHippo is discretionary unless required by the Agreement or law, expires when stated, has no cash value, and may be applied only to future amounts due for the Services.

12. Failed Subscription Payments and Account Restrictions

If a Subscription payment fails, WizHippo may make reasonable collection attempts and notify the Customer. WizHippo may allow a grace period of up to seven (7) calendar days after the due date without restricting ordinary access.

Beginning on the eighth (8th) day after the due date, WizHippo may restrict administrative functions, exports, new data entry, communications, payment functions, or other portions of the Services until the account is brought current. Restrictions may vary based on operational, security, legal, and data-preservation considerations.

If payment remains outstanding thirty (30) calendar days after the original due date, WizHippo may suspend or terminate the Subscription. The Customer remains responsible for accrued fees, taxes, processor costs, collection costs permitted by law, negative balances, and other amounts due. Reactivation may require payment of all outstanding amounts and a reactivation fee disclosed in advance.

13. Customer Responsibilities

The Customer is responsible for its business, facilities, personnel, users, decisions, records, communications, and use of the Services. Without limiting other obligations, the Customer will:

• Operate in compliance with applicable federal, state, and local laws, childcare licensing rules, health and safety requirements, record-retention obligations, and contractual commitments.
• Obtain and maintain all licenses, permits, registrations, approvals, insurance, background checks, and professional qualifications required for its operations.
• Provide required notices and obtain valid permissions, authorizations, and consents before submitting or using Personal Information or other Customer Data.
• Maintain accurate, complete, timely, and lawful Customer Data and correct known errors.
• Configure roles and permissions appropriately, review them periodically, and manage employees, contractors, volunteers, Parent Users, and other persons under Customer control.
• Use reasonable security practices, protect credentials, and maintain secure devices, networks, browsers, and software.
• Maintain current contact, billing, tax, ownership, and emergency information.
• Maintain independent copies of records that are essential, legally required, or needed for business continuity.
• Review exports and reports before relying on them or providing them to regulators, families, employees, auditors, insurers, or other third parties.
• Provide compatible devices, electricity, Internet connectivity, telecommunications services, and other infrastructure needed to use the Services.
• Cooperate reasonably with support, security, payment, fraud, and compliance investigations.
• Use the Services lawfully and ensure that all Authorized Users and Parent Users under its control do the same.

14. Licensing, Regulatory Compliance, and Professional Judgment

The Customer is solely responsible for determining which laws, licensing rules, retention schedules, forms, training requirements, staffing ratios, medical protocols, reporting duties, and operational standards apply to it. Requirements may differ by jurisdiction, license type, funding source, facility type, and individual circumstances.

Compliance tools, checklists, reminders, scores, templates, alerts, and reports are informational aids. They do not constitute certification, legal advice, an official inspection, or a guarantee that the Customer is or will remain compliant. The Customer must independently verify requirements and make all professional and regulatory decisions.

The Customer will not represent that WizHippo, the Platform, or any generated score has approved, licensed, accredited, inspected, or certified the Customer unless WizHippo has expressly agreed in a signed writing.

15. Permissions, Custody, and Safety-Critical Decisions

The Customer must obtain all parent, guardian, employee, contractor, and other permissions, notices, authorizations, and consents required for its collection, upload, use, disclosure, messaging, photography, medical documentation, emergency contacts, employment activities, and payment activities. The Customer must retain evidence of permissions when required.

The Customer—not WizHippo—is responsible for evaluating custody documents, court orders, protective orders, guardianship records, authorized-pickup lists, identity evidence, and conflicting instructions. Platform access or inclusion in a record does not establish legal authority.

The Customer must use independent verification and appropriate human judgment before releasing a child, changing access, acting on medical or emergency information, or relying on a Parent User submission. The Platform is not an emergency dispatch system and must not be the sole means of communicating urgent safety information.

16. Customer Data

As between the parties, the Customer retains all right, title, and interest in and to Customer Data. WizHippo does not claim ownership of Customer Data.

The Customer grants WizHippo a limited, non-exclusive, worldwide license for the period reasonably necessary to host, store, process, transmit, reproduce as technically necessary, display at the Customer’s direction, secure, back up, support, and otherwise use Customer Data solely to provide, maintain, protect, troubleshoot, improve, and administer the Services; comply with law; enforce the Agreement; and carry out the Customer’s instructions.

The operational license includes technical processing reasonably necessary to operate the Services, including caching, indexing, redundancy, replication, temporary copies, backups, archival rotation, format conversion, compression, decompression, synchronization, migration, validation, deduplication, logging, and transmission among approved systems, personnel, and service providers.

This operational license does not authorize WizHippo to sell Customer Data or use identifiable child, family, or staff records for unrelated advertising. The license ends when Customer Data is deleted from active systems and ordinary backup rotation, except for copies retained as required by law, for security, dispute, fraud-prevention, or evidentiary purposes, or in backups not reasonably accessible in the ordinary course.

The Customer represents and warrants that it has all rights, permissions, notices, legal bases, and consents necessary for WizHippo to process Customer Data as contemplated by the Agreement.

17. Privacy and Data Protection

WizHippo handles Personal Information in accordance with the WizHippo Privacy Policy, which is incorporated by reference. The Privacy Policy distinguishes information collected directly by WizHippo from Customer Data that WizHippo processes for the Customer.

For Customer Data, the Customer generally determines the purposes and means of processing and remains responsible for responding to individuals, including parents, guardians, employees, and children’s representatives, as required by applicable law. WizHippo may assist with reasonable requests when technically feasible and appropriate to its role.

If the parties are required by applicable law or a specific procurement arrangement to enter into a data processing addendum, business associate agreement, student privacy addendum, or similar document, it is effective only when accepted by an authorized WizHippo representative. The Services are not represented as compliant with a specialized legal regime unless expressly stated in writing.

18. Security and Account Protection

WizHippo uses commercially reasonable administrative, technical, and organizational safeguards designed to protect the confidentiality, integrity, and availability of the Services and Customer Data. Safeguards may include encrypted communications, secure password hashing, optional multi-factor authentication, role-based access, customer-configurable permissions, logical customer separation, audit logging, failed-login controls, password policies, backups, and network-protection services.

Security measures evolve and may change. No Internet transmission, hosted service, or electronic storage system can be guaranteed completely secure. WizHippo does not warrant that unauthorized access, loss, misuse, or security incidents will never occur.

The Customer will use unique credentials, prohibit credential sharing, enable available multi-factor authentication where appropriate, use current devices and security software, limit administrative access, promptly remove former personnel, notify WizHippo without undue delay of suspected compromise, and protect Customer Data after it is downloaded, printed, emailed, or otherwise exported.

19. Data Accuracy, Records, Exports, and Customer Backups

The Customer is responsible for the accuracy, completeness, legality, classification, and timeliness of Customer Data. The Platform may calculate, format, summarize, or display information based on Customer inputs, configurations, and third-party data; errors in those inputs or configurations may affect outputs.

Export functionality and available formats depend on the data type, plan, configuration, and then-current Platform capabilities. WizHippo does not guarantee that every field, historical event, relationship, layout, attachment, audit detail, or calculated value will be exportable in a particular format.

Operational backups maintained by WizHippo are for disaster recovery and business continuity, not as the Customer’s archive or record-retention system. The Customer must maintain independent copies of records it is legally required to retain or considers essential. The Customer must review exported files for completeness and protect them after export.

20. Acceptable Use

The Customer will use the Services only for lawful internal business purposes and in accordance with the Agreement, Documentation, and reasonable technical limits. The Customer will not, and will not permit any person to:

• Share credentials, pool accounts, use generic logins for multiple people, or allow one person to impersonate another.
• Sell, resell, rent, lease, sublicense, timeshare, service-bureau, or otherwise provide the Services to third parties, except for authorized use in the Customer’s own operations.
• Scrape, crawl, spider, harvest, mirror, index, or systematically extract data or content by automated means without written authorization.
• Use bots, scripts, robotic process automation, or other automated tools to circumvent interfaces, limits, access controls, or intended use.
• Access or use non-public APIs without authorization, exceed API limits, misuse tokens, or attempt to derive undocumented interfaces.
• Reverse engineer, decompile, disassemble, decode, translate, or attempt to discover source code, underlying ideas, algorithms, structure, or trade secrets, except to the limited extent a restriction is prohibited by law.
• Benchmark, publish performance tests, or conduct competitive analysis for the benefit of a competing product without written consent.
• Copy, frame, modify, create derivative works from, or remove proprietary notices from the Platform or Documentation except as expressly permitted.
• Probe, scan, penetration-test, vulnerability-test, or conduct security research without prior written authorization.
• Bypass, disable, defeat, or interfere with authentication, rate limits, logging, security, access controls, or usage restrictions.
• Introduce malware, ransomware, spyware, destructive code, denial-of-service traffic, or harmful payloads.
• Send spam, phishing, spoofed, deceptive, harassing, or unauthorized communications.
• Impersonate another person or organization, misrepresent authority, or provide false account or payment information.
• Interfere with the availability, performance, integrity, or operation of the Services or another customer’s use.
• Use the Services to develop, train, validate, or improve a competing product through unauthorized extraction or systematic observation.
• Use the Services for fraud, illegal activity, copyright infringement, unlawful pornography, child sexual abuse material, or any activity that exploits or endangers a minor.

21. Prohibited Content and Safety-Critical Misuse

The Customer will not submit, store, transmit, display, or use content or data that violates law, court order, regulation, licensing rule, or contractual obligation; infringes copyright, trademark, privacy, publicity, confidentiality, trade secret, or other rights; contains child sexual abuse material, sexual exploitation material, unlawful pornography, or content that sexualizes minors; facilitates trafficking, abuse, violence, credible threats, fraud, identity theft, financial crime, or other criminal activity; is knowingly false or deceptive in a manner likely to cause material harm; contains malicious code, stolen credentials, unlawfully obtained data, or instructions intended to compromise systems; or is used to carry out unlawful discrimination.

The Services must not be used as the sole system for emergency alerts, child-release authorization, medical diagnosis, medication decisions, abuse reporting, or any other safety-critical process where delay, error, or unavailability could create a risk of harm. The Customer must maintain appropriate independent procedures.

22. Enforcement, Investigations, Fraud, and Abuse

WizHippo does not routinely review Customer Data for compliance. However, WizHippo may investigate suspected violations, security incidents, fraud, payment abuse, repeated misuse, unlawful content, illegal activity, threats to the Services, or conduct reasonably likely to cause material operational or reputational harm.

WizHippo may preserve evidence, restrict functionality, remove or disable access to content, suspend accounts, terminate access, notify affected parties, cooperate with processors and service providers, and comply with valid legal process. Where feasible and lawful, WizHippo will tailor enforcement to the risk and provide notice and an opportunity to cure.

Immediate action may be taken where WizHippo reasonably believes delay could expose a child or other person to harm, compromise security, violate law, impair the Services, facilitate fraud or abuse, jeopardize a third-party relationship, or create material liability or reputational harm.

23. Third-Party Services and Integrations

The Services may interoperate with or depend on Third-Party Services, including payment processors, hosting providers, communications carriers, cloud infrastructure, identity providers, analytics tools, and integrations. Third-Party Services are governed by their own terms, privacy policies, availability, and technical requirements.

WizHippo is not responsible for the acts, omissions, security, content, availability, pricing, policy changes, or performance of independent Third-Party Services. A third party may modify or discontinue an interface, and WizHippo may add, replace, suspend, or remove providers or integrations without liability, subject to Section 5.

The Customer authorizes WizHippo to exchange information with Third-Party Services as reasonably necessary to enable Customer-selected functionality. The Customer is responsible for obtaining and maintaining any separate third-party account, consent, or license required.

24. Payment Services

24.1 Separate Payment Relationships. The Customer’s payment of Subscription fees to WizHippo is separate from tuition or other amounts paid by Parent Users or other payors to the Customer. Nothing in the Agreement combines those payment relationships or makes tuition receipts Subscription revenue.

24.2 Payment Enablement. The Platform may enable the Customer to request, schedule, record, facilitate, or reconcile tuition and other payments. WizHippo provides technology that facilitates payment instructions and information exchange with one or more designated payment processors. Unless expressly agreed otherwise in writing, WizHippo does not purchase receivables, guarantee payment, advance funds, determine the amount owed, or become a party to the underlying childcare or payment obligation.

24.3 Processor Relationship. Payment processing is performed by independent payment processors selected by WizHippo. A processor may require the Customer to create or connect a merchant account, complete identity and business verification, accept processor terms, provide tax information, and maintain required reserves or bank accounts. WizHippo may change processors, routing, settlement methods, or technical arrangements.

24.4 Merchant of Record. The Customer remains the merchant of record for tuition and other amounts charged to families. The Customer—not WizHippo—is the seller or provider of the underlying childcare services and is responsible for the legality and accuracy of charges; receipts and disclosures; cancellation and recurring-payment terms; authorizations; refunds; family disputes; consumer-protection compliance; taxes; escheat; recordkeeping; and the quality, delivery, suspension, or cancellation of childcare services.

24.5 Settlement and Payouts. Processor approval, authorization, settlement, and payout timing are not guaranteed. Payouts may be affected by processor review, weekends, holidays, banking systems, reserves, holds, risk controls, reversals, or legal requirements. A Platform status or reconciliation record is not conclusive evidence that funds are finally settled or immune from reversal.

24.6 Refunds, Chargebacks, and Negative Balances. The Customer is responsible for refunds, chargebacks, ACH returns, reversals, disputes, card-network assessments, processor fees, fines attributable to the Customer, and negative balances arising from Customer transactions. WizHippo or the processor may deduct those amounts from current or future payouts, charge an authorized payment method or bank account, require reimbursement, withhold amounts reasonably necessary to address anticipated obligations, or suspend payment functionality. A negative balance is immediately due.

24.7 Cooperation. The Customer must respond promptly to information requests concerning verification, fraud, disputes, chargebacks, or processor review. WizHippo may submit information supplied by the Customer but does not guarantee the outcome of any chargeback, payment dispute, or processor decision.

25. Communications

The Services may support email, SMS or text messaging, Platform notifications, and, if offered in the future, push notifications or other channels. Availability depends on plan, configuration, recipient settings, carriers, devices, third-party providers, and applicable law.

Delivery is not guaranteed. Messages may be delayed, filtered, blocked, truncated, duplicated, routed incorrectly, or not received. The Customer must not rely on the Services as the sole method for emergency, time-critical, medical, custody, safety, closure, or legally required communications.

The Customer will maintain current contact information; obtain required consent for email, text, automated, recurring, or marketing messages; honor opt-out and suppression requirements; use accurate sender identification and lawful content; avoid sending sensitive information through an inappropriate channel; and pay applicable carrier, messaging, or usage charges.

WizHippo may send transactional, administrative, security, billing, legal, and service-related communications to contact information associated with the account. These communications are part of the Services and are not marketing merely because they are sent electronically.

26. Support and Temporary Support Access

Unless otherwise agreed in writing, WizHippo provides support by email and online chat during published business hours, currently Monday through Friday, 9:00 a.m. to 5:00 p.m. Central Time, excluding holidays and closures. Business hours and channels may change with reasonable notice.

Support is provided using commercially reasonable efforts. WizHippo does not guarantee response times, resolution times, restoration times, or a service level. Priority may depend on severity, impact, reproducibility, security risk, available information, and whether the issue is within WizHippo’s control.

The Customer will provide sufficient diagnostic information, cooperate with reasonable requests, verify that issues are not caused by unsupported devices, Customer configuration, connectivity, third-party systems, or unauthorized modifications, and maintain a knowledgeable contact authorized to make decisions.

Support does not include custom development, data cleanup, legal or regulatory analysis, onsite service, training beyond the purchased scope, or support for unrelated third-party products unless expressly agreed.

To investigate, diagnose, resolve, verify, maintain, secure, or prevent an issue, authorized WizHippo personnel or approved subcontractors may obtain temporary access to the Customer account and relevant Customer Data. Access will be limited to what is reasonably necessary for the support or operational purpose. Personnel and subcontractors with such access are subject to confidentiality obligations and access controls.

27. Availability, Maintenance, and Service Changes

WizHippo seeks to operate a reliable Platform but does not guarantee uninterrupted, error-free, or continuous availability. Maintenance, updates, security work, infrastructure changes, provider failures, network conditions, demand spikes, and events outside WizHippo’s control may affect access or performance.

WizHippo may perform scheduled or emergency maintenance and may deploy updates without advance notice. Where commercially reasonable, WizHippo will provide notice of planned work expected to cause material interruption. Temporary interruption, latency, or degraded performance does not by itself constitute a breach.

No service-level agreement, uptime commitment, service credit, or dedicated support obligation applies unless expressly stated in an Order signed by WizHippo.

28. Intellectual Property and Access License

Except for Customer Data and intellectual property owned by the Customer, WizHippo and its licensors own all right, title, and interest in and to the Platform, Services, software, source and object code, architecture, database design, schemas, APIs, Documentation, user interfaces, reports, report designs, workflows, methods, templates, configurations, graphics, branding, trademarks, and all related technology and intellectual property, including improvements, modifications, derivative works, and future developments.

During an active Subscription, WizHippo grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the purchased Services solely for the Customer’s internal business operations and in accordance with the Agreement. This is a right of access, not a sale or transfer of software or intellectual property.

The Customer may print or export permitted reports and records for its internal operations, regulatory obligations, families, professional advisors, and other lawful purposes. This permission does not transfer ownership of WizHippo report layouts, templates, software-generated structure, or Platform technology embedded in those outputs.

29. Feedback

The Customer and its users may provide ideas, suggestions, comments, enhancement requests, corrections, or other feedback about the Services (“Feedback”). Feedback is voluntary and is not Customer Data merely because it references general product behavior.

The Customer grants WizHippo a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use, disclose, reproduce, modify, commercialize, and otherwise exploit Feedback for any lawful purpose without restriction, attribution, or compensation. WizHippo is not required to implement Feedback, and the Customer should not submit Feedback subject to a duty that would prevent this use.

30. Publicity

WizHippo may identify the Customer as a customer and may display the Customer’s name and logo in customer lists, presentations, proposals, and marketing materials. WizHippo will use the Customer’s brand assets in a reasonable manner and will not imply an endorsement beyond the Customer relationship.

The Customer may opt out by sending a written request to WizHippo. WizHippo will stop new uses within a commercially reasonable period but is not required to recall materials already printed, distributed, contractually committed, archived, or published before processing the request.

31. Confidentiality

“Confidential Information” means non-public information disclosed by one party (“Discloser”) to the other (“Recipient”) that is designated confidential or that reasonably should be understood as confidential given its nature and the circumstances. Customer Data is the Customer’s Confidential Information. Non-public Platform technology, security information, pricing, product plans, and business information are WizHippo Confidential Information.

The Recipient will use Confidential Information only to perform or exercise rights under the Agreement; protect it using at least reasonable care and no less than the care used for its own similar information; and disclose it only to employees, Affiliates, contractors, subcontractors, processors, and professional advisors who need to know and are contractually bound by confidentiality obligations at least as protective as those in this Section.

Confidentiality obligations do not apply to information the Recipient can document is or becomes public without breach; was lawfully known without restriction before disclosure; is received lawfully from a third party without confidentiality duty; or is independently developed without use of Confidential Information.

If disclosure is required by law or valid legal process, the Recipient may disclose the required portion and, where legally permitted, will provide prompt notice and reasonable assistance at the Discloser’s expense. Unauthorized disclosure may cause irreparable harm, and the Discloser may seek appropriate equitable relief in addition to other remedies.

32. Suspension, Cancellation, Termination, and Data Handling

32.1 Suspension. WizHippo may suspend all or part of the Services when reasonably necessary to protect security or integrity; address an emergency; prevent harm; investigate fraud, abuse, repeated misuse, unlawful content, or security threats; respond to a processor or infrastructure provider; comply with law or legal process; address non-payment; prevent excessive or disruptive use; protect WizHippo’s reputation or third-party relationships from material harm; or enforce the Agreement.

32.2 Notice and Cure. Where commercially reasonable, WizHippo will provide notice and an opportunity to cure. WizHippo may act immediately when delay could create material risk. Suspension does not relieve the Customer of payment obligations for the current Subscription Term unless WizHippo determines otherwise or law requires.

32.3 Customer Cancellation. The Customer may cancel a Subscription through available account controls or by contacting Support. Cancellation is effective at the end of the current paid billing period unless a different date is required by law or agreed in writing. Cancellation does not automatically cancel or reverse tuition transactions, processor obligations, chargebacks, refunds, negative balances, messaging charges, third-party commitments, or other accrued obligations.

32.4 Termination by WizHippo. WizHippo may terminate the Agreement or a Subscription for a material breach not cured within ten (10) days after notice, if curable; immediately for unlawful activity, fraud, abuse, repeated misuse, prohibited content, security threats, processor termination, insolvency, illegal activity, or conduct reasonably likely to cause material operational, legal, financial, security, or reputational harm; for non-payment as described in Section 12; or if WizHippo discontinues the applicable service offering, subject to a commercially reasonable transition, credit, or refund of prepaid unused fees where appropriate.

32.5 Effect. Upon expiration or termination, the Customer’s right to access the affected Services ends; Authorized User and Parent User access may be disabled; payment and communications functions may stop; and unpaid amounts become immediately due. Accrued rights and obligations are unaffected.

32.6 Export Window and Deletion. The Customer should export needed Customer Data before access ends. Unless otherwise stated in an Order or required by law, WizHippo may retain Customer Data from a cancelled paid account for approximately thirty (30) days after access ends and may then delete it from active systems. Free Trial data may be retained for a shorter period. Export availability after cancellation is not guaranteed and may require the account to be in good standing.

32.7 Backups and Legal Retention. Backups are deleted through ordinary rotation and may persist for the periods described in the Privacy Policy or then-current backup practices. WizHippo is not required to restore deleted data or extract information from disaster-recovery backups. Legal holds, fraud investigations, processor requirements, security needs, dispute resolution, or law may require longer retention of limited records.

32.8 Reactivation. Reactivation is not guaranteed and may require payment of outstanding amounts, completion of processor or security review, acceptance of then-current Terms and pricing, and payment of a disclosed reactivation or restoration fee. WizHippo does not guarantee that prior data, configurations, integrations, reports, permissions, or payment settings will remain available or compatible.

32.9 Survival. Provisions that by their nature should survive—including payment, Customer Data ownership, intellectual property, Feedback, confidentiality, disclaimers, indemnification, liability limits, dispute resolution, and general provisions—survive expiration or termination.

33. Customer Disputes and Third-Party Relationships

WizHippo has no obligation to mediate, arbitrate, investigate, adjudicate, or resolve disputes between or among Customers, Parent Users, parents, guardians, children’s representatives, employees, contractors, vendors, payors, or other third parties. Such disputes may include custody, access, pickup authorization, employment, enrollment, service quality, tuition, refunds, communications, privacy requests, or ownership and accuracy of records.

WizHippo may provide available account records, technical information, or administrative assistance where appropriate to its role, subject to privacy, confidentiality, security, legal, and operational limitations. Providing assistance does not make WizHippo a party to the underlying dispute or create a duty to determine whose position is correct.

34. Copyright and DMCA Policy

WizHippo respects intellectual property rights and may remove or disable access to content that it reasonably believes infringes copyright. A copyright owner or authorized agent may submit a notice identifying the copyrighted work, the allegedly infringing material and its location, contact information, a statement of good-faith belief that the disputed use is unauthorized, a statement under penalty of perjury that the notice is accurate and the sender is authorized to act, and a physical or electronic signature.

Notices should be sent to WizHippo’s designated copyright contact listed in Section 40. WizHippo may forward a notice to the affected Customer or user. A person who believes content was removed by mistake may submit a legally sufficient counter-notification. WizHippo may restore content as permitted by applicable law.

WizHippo may terminate or restrict accounts of repeat infringers in appropriate circumstances and may adopt or modify reasonable procedures to address copyright complaints. Knowingly submitting a materially false notice or counter-notification may result in liability under applicable law.

35. Export Controls and Sanctions

The Customer will comply with applicable U.S. export-control, sanctions, anti-boycott, and trade laws and regulations. The Customer will not access, use, export, re-export, transfer, or permit access to the Services in violation of those laws, including from or for a prohibited country, territory, government, entity, or individual, or by a person on an applicable denied-party or restricted-party list.

The Customer represents that it is not located in, organized under the laws of, ordinarily resident in, or controlled by a comprehensively sanctioned jurisdiction and is not a prohibited or restricted person. WizHippo may screen parties, restrict access, request verification, or suspend or terminate the Services when reasonably necessary for trade-law compliance.

36. Warranties, Disclaimers, and Risk Allocation

36.1 Customer Warranties. The Customer represents and warrants that it has authority to enter into the Agreement; its use of the Services and Customer Data will comply with law and third-party rights; it has obtained required permissions and consents; payment instructions are authorized and accurate; it will not use the Services for prohibited activities; and information provided to WizHippo and processors is materially accurate and not misleading.

36.2 No Authority to Bind WizHippo. The Customer will not make warranties, commitments, or representations on WizHippo’s behalf or state that WizHippo is the Customer’s agent, childcare provider, regulator, professional advisor, merchant of record, or guarantor.

36.3 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, PLATFORM, DOCUMENTATION, SUPPORT, REPORTS, TEMPLATES, COMMUNICATIONS, PAYMENT-ENABLEMENT FUNCTIONS, AND THIRD-PARTY INTEGRATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WIZHIPPO DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WIZHIPPO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR COMPATIBLE WITH EVERY SYSTEM; THAT DATA WILL NEVER BE LOST; THAT A MESSAGE OR PAYMENT WILL BE DELIVERED OR COMPLETED; THAT A REPORT OR ALERT WILL IDENTIFY EVERY ISSUE; OR THAT USE OF THE SERVICES WILL ENSURE LEGAL OR REGULATORY COMPLIANCE.

36.4 Insurance. The Customer is responsible for maintaining insurance appropriate to its operations, including coverage required by childcare licensing authorities, landlords, contracts, payment processors, or applicable law. The Services do not replace insurance, supervision, training, emergency procedures, professional advice, or legally required records.

37. Indemnification

The Customer will defend, indemnify, and hold harmless WizHippo, its Affiliates, and their members, managers, officers, employees, contractors, licensors, processors, and agents from third-party claims, demands, proceedings, liabilities, damages, judgments, settlements, penalties, costs, and reasonable attorneys’ fees arising out of or relating to Customer Data or Customer instructions; childcare operations, services, facilities, personnel, or relationships with children and families; custody, guardianship, authorized-pickup, medical, safety, employment, licensing, or regulatory decisions; tuition charges, refunds, recurring-payment authorizations, chargebacks, taxes, or merchant obligations; violation of the Agreement, law, or third-party rights; or content, communications, or transactions initiated by the Customer or its users.

WizHippo will provide reasonable notice of an indemnified claim and reasonable cooperation at the Customer’s expense. The Customer may control the defense with counsel reasonably acceptable to WizHippo but may not settle a claim in a way that admits fault by, imposes obligations on, or restricts WizHippo without WizHippo’s written consent. WizHippo may participate with its own counsel at its own expense.

38. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WIZHIPPO WILL NOT BE LIABLE FOR LOSS, CORRUPTION, OR UNAVAILABILITY OF DATA; FAILED OR DELAYED MESSAGES; FAILED, REVERSED, OR DELAYED PAYMENTS; THIRD-PARTY SERVICES; CUSTOMER BUSINESS DECISIONS; REGULATORY OUTCOMES; OR HARM ARISING FROM THE CUSTOMER’S FAILURE TO MAINTAIN INDEPENDENT PROCEDURES OR BACKUPS.

WIZHIPPO’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE SUBSCRIPTION FEES PAID OR PAYABLE BY THE CUSTOMER TO WIZHIPPO FOR THE AFFECTED SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM. AMOUNTS PROCESSED FOR TUITION, PROCESSOR FEES, TAXES, PASS-THROUGH CHARGES, REFUNDS, AND CHARGEBACKS ARE NOT SUBSCRIPTION FEES FOR PURPOSES OF THIS CAP.

Nothing in the Agreement excludes or limits liability to the extent a limitation is prohibited by applicable law. The exclusions and cap apply regardless of legal theory and even if a limited remedy fails of its essential purpose. The Customer’s payment and indemnification obligations, misuse of WizHippo intellectual property, breach of confidentiality, fraud, and liability that cannot lawfully be limited are not subject to any limitation that applicable law does not permit. This paragraph does not expand liability beyond what would otherwise exist.

The parties acknowledge that the pricing and risk allocation in the Agreement reflect these limitations and that WizHippo would not provide the Services on the same economic terms without them.

39. Dispute Resolution, Arbitration, and Governing Law

39.1 Informal Resolution. Before filing arbitration or litigation, a party must send written notice describing the dispute, relevant facts, requested relief, and contact information. The parties will attempt in good faith to resolve the dispute through direct discussions for at least thirty (30) days after receipt. This process does not prevent a party from seeking temporary injunctive relief where immediate action is reasonably necessary to protect confidential information, intellectual property, security, or persons from imminent harm.

39.2 Arbitration. Except for disputes eligible for small claims court and requests for temporary injunctive relief, any dispute, claim, or controversy arising out of or relating to the Agreement or Services will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect, unless the parties agree otherwise in writing.

The arbitration will be conducted by one arbitrator. The seat and legal place of arbitration will be Cook County, Illinois, although hearings may be conducted remotely when permitted by the arbitrator. The arbitrator may award any individual remedy available in court that is not excluded by the Agreement and will issue a reasoned written decision. Judgment may be entered in any court with jurisdiction.

39.3 Jury and Class Waivers. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL. DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not combine claims of different customers or preside over a representative proceeding unless all parties expressly agree in writing.

39.4 Court Proceedings. Either party may bring an individual action in a court of competent small-claims jurisdiction. Either party may seek temporary or preliminary injunctive relief in state or federal court in Cook County, Illinois, to protect intellectual property, Confidential Information, security, or against imminent harm, without waiving arbitration of the merits.

39.5 Governing Law and Venue. The Agreement and disputes arising from it are governed by the laws of the State of Illinois, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs arbitration. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For matters permitted to proceed in court, the parties consent to exclusive jurisdiction and venue in the state courts located in Cook County, Illinois, and the United States District Court for the Northern District of Illinois, as applicable.

40. General Provisions and Contact Information

40.1 Changes to These Terms. WizHippo may update these Terms to reflect changes in the Services, law, security, business practices, third-party requirements, or risk. If a change is material, WizHippo will provide reasonable advance notice through the Platform, email, website, or another reasonable method before the change becomes effective, unless earlier effectiveness is reasonably necessary for law, security, fraud prevention, or harm prevention. Changes will not retroactively increase fees for a current prepaid Subscription Term unless required by law or agreed in writing.

40.2 Electronic Communications and Notices. The Customer agrees to receive agreements, disclosures, notices, invoices, security alerts, and other communications electronically. Operational notices may be delivered through the Platform, to the account email address, on the WizHippo website, or by another reasonable electronic method. Formal legal notices should be sent by email with confirmation and by nationally recognized overnight delivery to the address published by WizHippo or provided by the Customer.

40.3 Assignment. The Customer may not assign, delegate, transfer, or sublicense the Agreement, in whole or in part, without WizHippo’s prior written consent. WizHippo may assign the Agreement to an Affiliate or in connection with a merger, financing, reorganization, sale of equity, sale of substantially all assets, or transfer of the Services. Subject to the foregoing, the Agreement binds and benefits permitted successors and assigns.

40.4 Force Majeure. Neither party is liable for delay or failure to perform a non-payment obligation caused by events beyond its reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, government action, utility failure, Internet or telecommunications failure, third-party cyberattack, cloud or infrastructure failure, carrier outage, processor disruption, or widespread shortage. Force majeure does not excuse amounts already due or Customer responsibilities concerning child safety.

40.5 Entire Agreement; Independent Contractors. The Agreement is the complete agreement concerning the Services and supersedes prior or contemporaneous proposals, discussions, representations, and agreements on that subject. The parties are independent contractors. The Agreement does not create a partnership, franchise, joint venture, fiduciary, employment, agency, childcare, or professional-advisor relationship.

40.6 No Third-Party Beneficiaries. Except for indemnified parties under Section 37, the Agreement is for the benefit of the parties and does not create enforceable rights for Parent Users, children, employees, processors, or other third parties.

40.7 Severability; Waiver; Interpretation. If a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and, if necessary, modified to reflect the original intent as closely as lawful. A waiver must be in writing and applies only to the specific instance. Headings are for convenience. “Including” means “including without limitation.” References to laws include amendments and successor provisions.

40.8 Counterparts and Electronic Acceptance. Orders and other writings may be accepted in counterparts and electronically. Clicking acceptance, creating an account, paying an invoice, starting a Free Trial, renewing a Subscription, or using the Services may evidence agreement where legally effective.

40.9 Contact Information. Questions about these Terms, legal notices, copyright notices, or requests concerning the Agreement may be directed to: WizHippo LLC; general email: wizhippo@wizhippo.com; support: support@wizhippo.com; website: https://www.wizhippo.com. The Customer should not use ordinary support channels for emergency communications involving a child or any immediate threat to health or safety. Contact appropriate emergency services and responsible individuals directly.

CUSTOMER ACKNOWLEDGMENT

BY ACCEPTING AN ORDER, CREATING AN ACCOUNT, STARTING A FREE TRIAL, PURCHASING OR RENEWING A SUBSCRIPTION, OR ACCESSING OR USING THE SERVICES, THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THESE TERMS OF SERVICE AND THE WIZHIPPO PRIVACY POLICY.

The individual accepting on behalf of the Customer represents that the individual has authority to bind the Customer.