Your privacy is important.

The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union (EU).

This Data Protection Policy sets out the basis on which any personal data you provide to preschoolstop（a software platform from EVERRISE SOFTWARE LLC）.("we"

or "our" or "us"), either itself or through its subsidiaries or licensees, via various electronic platforms such as mobile applications, web (preschools.top) or any other platforms designated by us (the "Portal") is processed.

 

General

We will be collecting and processing personal data provided by you or any third parties and/or further information and data that may be required by us from time to time.

By using our portal and services provided via our portal (the "Services") in any manner, you agree that you have read this Data Protection Policy and accept the terms stated herein. We may need to change this policy from time to time as well, but we will do our best to alert you to changes by placing a notice on next chapt, by sending you an email, and/or by some other means. Please note that if we aren't able to send a notification or if you’ve opted not to receive legal notice emails from us (or you haven't provided us with your email address), you are still responsible for reading and understanding the changes. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

You agree and acknowledge that your continued use of our Services after this Data Protection Policy has been revised constitutes your acceptance of the Data Protection Policy as amended, provided that if such revision materially impacts your use of our Services, we may notify you through such avenues as we deem appropriate. What constitutes a material change, will be determined by us at our sole and absolute discretion.

When Do We Collect Personal Data?

We collect personal data when you:

1. or the School (as defined below) sets up and/or registers an account with us,
2. use the Services,
3. provide comments or submit a problem to us,
4. request information from us and provide your name or return contact information,
5. join any contests or surveys organised by us, or
6. register an account with us either through manual registration.

We may also process the personal data of your child if they are provided by your child's school or the school’s headquarters or administrator (individually and/or collectively referred as the "School", where appropriate) or by you. You agree and consent to us processing your child's personal data in accordance with the terms and conditions of this Data Protection Policy.

What Personal Data Do We Collect?

In this Data Protection Policy, "Personal Data" refers to any data, whether true or not, about an individual who can be identified:

1. from that data
2. or from that data and other information to which we have or are likely to have access to (including data in our records as may be updated from time to time).

We may collect and process the following personal data:

1. your name, and contact details,
2. your child’s personal data such as his or her name, photo, NRIC or birth certificate number, emergency contact information for your child and content as provided by you, the School or any third parties.

Your name, contact details and child's personal data are obligatory and if we are not allowed to process such information, we may not be able to provide you with the Services. We may also process other personal data such as:

1. your activities through the Portal,
2. transactional history in order to document a transaction you may have had with us or other users,
3. andany information collected through the use of Cookies (as defined below).

Some of the information collected by us may not be explicitly submitted by you as we do from time to time also automatically receive and record information on our server logs from your browser, including your IP address, cookie information, your requested web pages, your browser type and language, access times, and the referring website address.

If you give us information about another person, you undertake that you can:

1. give consent on his/her behalf for the collection and/or processing of his or her personal data,
2. receive in his/her behalf any data protection notices,
3. and warrant that you have obtained his/her consent for us or have the right to allow us to collect, store and/or use his/her personal data.

What about Cookies?

"Cookies" are data files that may be downloaded to your computer when you visit the Portal and permit the Portal to identify your browser whenever you interact with the Portal. We use cookies to recognize repeat visits by users of the Portal and to collect information about our users' interactions with the Portal. These cookies contain identification information that enables us to streamline your experiences using the Portal. You may set your browser software to reject cookies, but you may not be able to optimize the features of the Portal. In some cases, you may not be able to access the Portal if cookies are disabled.

 

 

How do We Use the Personal Data Collected by Us?

In general, other than providing you with the Services and other services incidental or related to the Services, we may use the information provided to us for the following purposes:

1. provide, maintain, protect and improve the Portal, to develop new services, and to protect ourselves and our users,
2. develop and display content tailored to your interests on the Portal,
3. enforce any Terms of Use between us,
4. research and reporting purposes including historical and statistical purposes,
5. general operation and maintenance of the Portal including audit and its related portal(s),
6. provide you with regular communications (other than direct marketing materials) from us relating to the Portal,
7. investigate complaints, suspected suspicious transactions and research for service improvement,
8. respond to any enquiries from our users, and
9. conduct market surveys and analytics, and inform our users of any updates or changes regarding our Services.

Who do We Share the Personal Data With?

We may share your personal data with:

1. third party service providers under contract who help with our business operations (such as merchants, partners, fraud investigations, bill collection, monitoring of user behaviour on the Portal and the processing of payments for any products or services),
2. third parties (including those overseas) who provide data processing services, and
3. any person, who is under a duty of confidentiality to which has undertaken to keep such data confidential, which we have engaged to fulfil our obligations to you.

We do not share your child’s personal data with third parties for marketing purposes. However, we may need to share your child’s personal data provided to us through our Portal with the School in order to ensure that we are able to provide the Services to you and also to fulfil our obligations to the School. Your child’s personal data such as his/her name and picture may be inevitably or incidentally disclosed to other users of the Portal (e.g. other parents and guardians).

For example, your child may appear in a photograph published on the Portal with other children of our users.

1. We may disclose personal data if required to do so by law or if we have good faith belief that such disclosure is necessary to protect and/or defend our rights and interests. We may, as permitted by applicable law, disclose personal data to third parties in connection with an investigation of fraud, infringement, piracy, tax avoidance and evasion or other unlawful activity and you expressly authorize us to make such disclosures.
2. If we are merged or acquired by another entity, personal data may be transferred to such an entity as a part of the merger or acquisition.

 

As an Individual, What Are Your Rights?

We will, upon your written request to us (see Contact below), allow you to enquire about the ways in which your personal data has been or may have been used or disclosed within a year before the request, unless we are required or authorised to do so by law, to deny your request for access to your personal data.

You have the right, without any cost, to request access to personal data that we may process about you. If you wish to exercise this right, you should:

1. put your request in writing,
2. include proof of your identity and address (e.g. a copy of your driving licence or passport, and a recent utility or credit card bill), and
3. specify the personal data you want access to, including any account or reference numbers where applicable.

Right of Rectification of Errors -

You have the right to require us to correct, amend, or delete inaccurate data any inaccuracies in your data free of charge. If you wish to exercise this right, you should:

1. put your request in writing,
2. provide us with enough information to identify you (e.g. account number, username, registration details), and
3. specify the information that is incorrect and what it should be replaced with.

Right of Deletion/Right To Be Forgotten –

You also have the right to ask us to stop processing your personal data for direct marketing purposes. If you wish to exercise this right, you should:

1. put your request in writing (an e–mail sent to admin@preschools.top with a header that says 'Unsubscribe' is acceptable),
2. provide us with enough information to identify you (e.g. account number, username, registration details) and
3. if your objection is not to direct marketing in general, but to direct marketing by a particular channel (e.g. email or telephone), please specify the channel you are objecting to.
4. If requested to remove data, We will respond and delete the data within a reasonable timeframe.

Please note that if your request concerns information in the portal please contact your school.

Data retention

1. We will retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, the legal or business purposes of PreschoolsTop, or as required by relevant laws. We will usually keep the following data: (a) child’s and parents details, (b) school fees, (c) child's overall health records, (d) child’s attendance including photos taken which is linked to the check-in/out; and (e) child’s portfolio (pictures and learning outcome), till the school uses our services.
2. When We have no ongoing legitimate business need to process your personal information, We will either delete or anonymize it, or, if this is not possible, then We will securely store your personal information and isolate it from any further processing until deletion is possible.

Data storage and backups

We are using Google Cloud for storing and processing the data.

firewalls and other technical methods are used to protect the Operations Center network against unauthorized access. Customer’s data is stored logically separated from other customers' data. We have data backups for 30 days stored in Google cloud and encrypted by Google. Older data is automatically churned by the cloud. Incase of an incident the affected parties are informed and data is restored using the latest backup. Our data servers and storage servers are located in the USA.

Data Security

All our website and network calls are encrypted and use HTTPS protocol.
PreschoolsTop utilizes end-to-end SSL encryption from the end user's device all the way to the database as well as between internal services on the servers.

Data Privacy

PreschoolsTop has a permission system as part of Portal, lets you choose who can see and access what information. No parent can access any other parents’ data in the system.

 

What is a security breach procedure?

Provided that PreschoolsTop detects a security breach or threat thereof in relation to the portal, preschoolsTop will seek to locate and identify such breach or threat as well as the scope of the issue as soon as possible, seek to limit the potential or occurred damage to the extent possible, seek to hinder such a security breach in the future and to the extent possible, restore any lost data.

In the case of a security breach where unauthorized people gain access to the Customer's data or where the loss of data has occurred, PreschoolsTop will, when possible, cf. e.g. the section "Procedure", notify the Customer in a written notice about the security breach. Such notifications will contain information about which data PreschoolsTop deems to have been accessed unauthorized, whether PreschoolsTop has initiated special precautions, and the notification will inform whether the Customer, according to PreschoolsTop’s evaluation, must take special precautions.

Personal Data collected for the following purposes and using the following services:

Analytics

1. Google Analytics and WordPress Stats Personal Data: Cookies; Usage Data,
2. Contacting the User for new signups,
3. Signup and demo request formPersonal Data: company name; country; email address; first name; last name; phone number.

Handling payments

1. Stripe Personal Data: various types of Data as specified in the privacy policy of the service,
2. Hosting and backend infrastructure,
3. Google Cloud Services.

Personal Data: various types of Data as specified in the privacy policy of the service

Infrastructure monitoring

1. Bugsnag

Personal Data: Crash information; device information; Universally unique identifier (UUID)

2. Mixpanel

Personal Data: various types of Data as specified in the privacy policy of the service.

 

Personal Data:

1.Crash information;

2.device information;

3.Universally unique identifier (UUID)

 

Support and troubleshooting tickets

1. Apple App Store and Google Play Store

Personal Data: Usage Data.

Websites

1. Hubspot

Personal Data: Cookies; email address; language; unique device identifiers; Usage Data; various types of Data as specified in the privacy policy of the service.

2. Platform services and hosting.

Further information about Personal Data

• Push notifications

This Application may send push notifications to the User to achieve the purposes outlined in this privacy policy. Users may in most cases opt-out of receiving push notifications by visiting their device settings, such as the notification settings for mobile phones, and then change those settings for this Application, some or all of the apps on the particular device. Users must be aware that disabling push notifications may negatively affect the utility of this Application.

 

• User identification via a universally unique identifier (UUID)

This Application may track Users by storing a so-called universally unique identifier (or short UUID) for analytics purposes or for storing Users’ preferences. This identifier is generated upon installation of this Application, it persists between Application launches and updates, but it is lost when the User deletes the Application. A reinstall generates a new UUID.

 

 

Terms And Condition

 

1. Introduction

These Terms and Conditions (the "Terms") govern your use of preschoolsTop, a childcare management SaaS platform provided by EVERRISE SOFTWARE LLC. By accessing or using our services, you agree to these Terms. Please read them carefully. If you do not agree to these Terms, please do not use the platform.

These Terms are governed by our Privacy Policy, Payment Policy, and any other referenced policies.

2. Definitions

• preschoolsTop: PreschoolsTop is a software platform from EVERRISE SOFTWARE LLC， a company registered under the laws of America.
• User: Refers to any individual or entity accessing or using the platform.
• Service: Refers to the Preschool Education Institution Management Software
• Platform: Refers to the web, mobile, or desktop applications provided by preschoolsTop.
• Account: Refers to the user account created on the platform.
• Authorized User: Refers to any person who is permitted to use the Application by the User.

3. Service Access and Use

3.1 Access to Service

Upon registration, preschoolsTop grants the User a non-exclusive, non-transferable, and revocable license to use the platform, subject to these Terms and Conditions. Access to the platform is contingent upon compliance with these Terms. Failure to comply may result in restricted access or termination of the account.

3.2 User Account

The User is responsible for:

• Providing accurate, up-to-date, and complete information during the registration process.
• Ensuring the confidentiality of login credentials (username, password), and taking reasonable steps to prevent unauthorized access to their account.
• All activities performed under their account, whether by authorized or unauthorized users.

The User shall ensure that access credentials are not shared with any unauthorized individuals. preschoolsTop reserves the right to restrict or terminate access to users who violate these Terms or misuse the platform.

3.3 Service Modifications

preschoolsTop reserves the right to modify, update, or discontinue the platform or any part of it, with or without notice, at any time. The User agrees that preschoolsTop will not be liable for any modification, suspension, or discontinuation of the platform. The User is responsible for ensuring regular updates and configurations are in place to comply with any such modifications or updates.

4. User's Right to Use

4.1 License Grant

preschoolsTop grants the User a time-limited, non-exclusive, and non-transferable right to use the Application and receive the Services as specified in the Agreement, starting from the date of activation ("Start Date"). The User must comply with all terms and conditions set out in this Agreement when accessing and using the Application. The license does not grant ownership, and the User may only utilize the Application for internal business operations as specified by preschoolsTop.

4.2 Access and Usage

• Each Authorized User will receive access to the Application through a unique user ID and password. This access can be used on multiple devices with the same credentials, provided it remains secure and confidential.
• Only Authorized Users are permitted to use the Application. No other individual may be assigned user credentials without prior written consent from preschoolsTop.
• The User agrees to provide preschoolsTop with accurate, up-to-date data and information regarding Authorized Users to facilitate proper account setup and ensure effective use of the Application.

4.3 User Restrictions

Without preschoolsTop's prior written consent, the User shall not:

• Sell, rent, sublicense, lease, lend, distribute, reproduce, or allow any third-party use of the Application.
• Use, transmit, or store any illegal, harmful, or inappropriate material within the Application.
• Violate any applicable local or international laws while using the Services or Application.
• Interfere with or disrupt the integrity, security, or performance of the Application and Services.
• Reverse engineer, decompile, or disassemble any part of the Application or platform.
• Copy, modify, duplicate, create derivative works, frame, mirror, republish, download, display, transmit, or distribute any portion of the Software or Documentation.
• Use the Services or Documentation to build or support a competing product or service.
• License, sell, rent, transfer, assign, distribute, display, disclose, or commercially exploit the Services and/or Documentation, or make them available to any third party except Authorized Users.
• Attempt to obtain, or assist third parties in obtaining, unauthorized access to the Services or Documentation.
• Store, distribute, or transmit any material that is:

- Unlawful, harmful, threatening, defamatory, obscene, or harassing.

- Facilitating illegal activity or depicting sexually explicit images.

- Promoting unlawful violence or racial/ethnic discrimination.

4.4 Authorized Users

• The User will not allow any Authorized User Subscription to be used by more than one individual, except when reassigned to a new individual. Once reassigned, the previous Authorized User will no longer have access to the Services.
• Each Authorized User must use a secure, confidential password, which should be updated monthly. PreschoolsTop reserves the right to audit password usage to ensure compliance and enforce security protocols.

4.5 User's Obligations

The User shall:

• Provide preschoolsTop within a reasonable time with the necessary data for setting up and maintaining the platform, including Authorized Users’ details. The User agrees to submit data in the format provided by preschoolsTop for data migration and configuration of the Application.
• Designate a Single Point of Contact (SPOC) who will act as a coordinator between preschoolsTop and the User’s team to ensure the smooth execution of training, support, and the availability of necessary personnel.
• Provide all required assistance and resources to preschoolsTop's representatives to fulfill the services under this Agreement.
• Ensure compliance with all applicable laws and regulations in connection with the use of the Services.
• Be solely responsible for maintaining the network, system configurations, and telecommunications links necessary for accessing the platform.
• Immediately notify preschoolsTop of any anticipated changes or transactions resulting in a Change of Control within the User’s organization.

4.6 Audit and Compliance

• preschoolsTop may audit the use of the Services quarterly, at its expense, to verify compliance with licensing and security protocols.
• If an audit reveals unauthorized sharing of credentials, the User must disable the relevant credentials immediately. preschoolsTop reserves the right not to issue new credentials to non-compliant individuals.
• If an audit reveals underpayment of Subscription Fees, the User must pay the outstanding amount in accordance with the prices outlined in end user agreement with the user.

4.7 Security and Prevention

The User agrees to take all reasonable efforts to prevent unauthorized access to the Application or any misuse of the platform. The User must promptly notify preschoolsTop of any security breaches, unauthorized access, or incidents that compromise the Application’s integrity or Services.

4.8 Rights Limitation

The rights granted under this clause are specific to the User and cannot be extended to any subsidiaries, holding companies, or affiliated entities unless agreed upon by preschoolsTop in writing.

4.9 Breach of Terms

preschoolsTop reserves the right to disable the User's access to any material or content that violates these Terms, without liability, and without prejudice to any other rights preschoolsTop may have under this Agreement. In cases of breach, the User will not be entitled to replace Authorized Users except under specific organizational changes (e.g., employee termination, promotion, or leave).

5. Subscription, Fees, and Payment

5.1 Subscription Charges

preschoolsTop shall provide Services to the User as per the package pricing shared in the quotation with the User. Each package offers different levels of service, and by subscribing, the User agrees to pay the applicable subscription charges. Any new requests or add-on services requested by the User, which are not covered by the existing subscription, may incur additional fees or payments over and above the standard subscription charges. These charges will be discussed and agreed upon by both parties before implementation.

5.2 Payment Terms

Payments for the subscription charges are to be made in advance. preschoolsTop shall issue an invoice to the User either electronically or in hard copy, yearly in advance as per the agreed subscription pricing. The User shall have 7 (seven) days from the receipt of the invoice to raise any objections. The undisputed invoice shall become due and payable within 15 (fifteen) days from the date of its issuance. All amounts due under this Agreement must be paid by electronic bank transfer.

5.3 Taxes

All payments due to preschoolsTop under this Agreement are subject to any applicable withholding taxes as per the prevailing tax laws. Taxes will be calculated and added to the invoice based on the applicable rate.

5.4 Invoice Disputes

If the User disputes any invoice raised by preschoolsTop, the User must notify preschoolsTop within the objection period provided in Section 5.2. Both parties will resolve the dispute according to the procedure outlined in this Agreement. During the dispute resolution process, preschoolsTop shall continue to provide the relevant Services that are the subject of the disputed invoice.

5.5 Late Payments

If preschoolsTop does not receive payment within 15 (fifteen) days after the due date or after the User receives a notice from preschoolsTop (whichever occurs first), preschoolsTop reserves the right, without liability to the User and without prejudice to other rights and remedies, to:

• Disable the User’s password, account, and access to all or part of the Services, with no obligation to provide any or all Services while the invoice(s) remain unpaid.
• Any and all amounts not paid by Customer when due will be subject to interest at the lesser rate of: (a) one and one-half percent (1.5%) per month; or (b) the highest interest rate permitted by applicable law.

5.6 Payment in USD

All amounts and fees stated or referred to in this Agreement shall be payable in USD and are non-cancellable and non-refundable, except as provided by the Refund Policy.

5.7 Data Storage and Additional Charges

If, at any time while using the Services, the User exceeds the disk storage space specified in the Agreement, preschoolsTop reserves the right to charge the User for the excess storage fees.

5.8 Subscription Price Adjustments

 preschoolsTop reserves the right to increase the Subscription Charges during the term of this Agreement, based on an internal evaluation. Any proposed increase will be subject to mutual agreement between the parties, with a mutually agreed percentage cap.

6. Payment Gateway

preschoolsTop uses third-party payment gateway solutions that are fully PCI DSS compliant. preschoolsTop does not store any users' card or bank information in its database and, as such, is not subject to PCI DSS compliance beyond what is already fulfilled by its third-party partners.

To ensure the highest level of security and protection, all payment transactions are processed securely by these trusted third-party payment gateways. preschoolsTop does not handle or manage any sensitive payment information directly.

Users are advised to review the terms and conditions, as well as the privacy policies, of the respective payment gateway providers for details on how their information is processed and protected. preschoolsTop disclaims any liability arising from the use of these third-party services and encourages users to familiarize themselves with the security and privacy practices of these payment gateways.

 

Note: The payment gateway used by our platform is PayPal. Before using our platform, you need to set up a PayPal account to receive payments. Rest assured, our staff will guide you through the process of setting up your account.

 

7. Data Privacy and Security

7.1 Data Processin

preschoolsTop collects and processes personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. The collection, use, and protection of your personal data are governed by our Privacy Policy. Data is encrypted both in transit using TLS standards to ensure maximum security. Additionally, preschoolsTop utilizes the Google Cloud Security Command Center for real-time monitoring and protection against unauthorized access.

preschoolsTop assures that it will not use or access any data, including photographs or other personal information uploaded by the Authorized Users and/or the User, except as explicitly permitted by this Agreement and the Data Processing Agreement (DPA). preschoolsTop further commits that no direct or indirect attempts will be made to procure any Personal Data of the User or Authorized Users, except as explicitly outlined in this Agreement, including the DPA.

In the event of a material breach or violation of privacy by preschoolsTop or any authorized person associated with preschoolsTop, it shall be treated as a material breach of the Agreement. Should such a breach occur, the User reserves the right to terminate this Agreement immediately. However, if the breach is minor and capable of remedy, the User will provide preschoolsTop with 30 days to address and rectify the breach before terminating the Agreement.

7.2 Confidentiality

All information exchanged between the User and preschoolsTop shall be treated as confidential and will not be disclosed to any third party unless required by law or essential for service provision. preschoolsTop ensures that any exclusive workflows or proprietary data provided by the User will remain exclusive and confidential to the User. preschoolsTop will take all necessary steps to maintain the confidentiality and privacy of User's data, ensuring that any access to PreschoolsTop’s apps and services is secure and protected from unauthorized access.

Both Parties are obligated to notify each other in writing immediately upon becoming aware of any breach of privacy, including actual, potential, attempted, or threatened breaches. preschoolsTop shall take all reasonable steps necessary to remedy the breach, protect the privacy and integrity of the User’s data, and prevent equivalent future breaches. This may include implementing changes required by PreschoolsTop to safeguard against further privacy incidents.

7.3 Third-Party Data Processing

preschoolsTop employs third-party service providers (sub-processors) such as Google Cloud and PayPal for data storage and payment processing. By using the platform, the User consents to their data being transferred to these third-party providers, which comply with applicable data protection regulations.

If a dedicated cloud instance is created for the User on Google Cloud or any other service provider at the User's cost and request, the instance shall remain exclusive to the User. preschoolsTop will provide all necessary assistance in the migration and integration of such an instance at the User’s request.

preschoolsTop ensures that no data will be disclosed outside the scope agreed upon with the User. The right to use the preschoolsTop platform is granted exclusively to the User and their Authorized Users. The User shall provide the details of Authorized Users, and preschoolsTop will manage their addition and removal from the application. Authorized Users are entitled to unlimited usage of the platform for the duration of the Agreement.

8. Intellectual Property and Confidentiality

8.1 Ownership

All content, software, designs, and technology used or provided on the platform remain the sole property of PreschoolsTop or its licensors. PreschoolsTop retains all intellectual property rights and ownership of the platform, including software, operational tools, services, documentation, and any changes, improvements, or further developments made. This Agreement does not transfer any intellectual property rights to the User. The User and Authorized Users obtain only the right to use the platform as described herein.

Except as expressly stated in this Agreement, the User is not granted any rights to patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses related to the platform or the accompanying documentation.

8.2 License Restrictions

The User is granted a limited, non-exclusive, non-transferable, revocable license to use the platform solely for internal business purposes, subject to the terms and conditions outlined in this Agreement. The User agrees not to:

1. Resell, sublicense, or transfer the services.
2. Reverse engineer, modify, or exploit any part of the platform beyond the scope of the provided license.

preschoolsTop confirms that it holds all necessary rights related to the platform and the accompanying documentation to grant the User these rights under the Agreement.

The User hereby grants PreschoolsTop a time-limited, revocable, non-sublicensable, non-exclusive, and non-transferable right to use, copy, and modify information and data provided by the User or Authorized Users solely in connection with the services outlined in this Agreement. preschoolsTop may use such data only to fulfill its obligations under the Agreement and only for the duration of the Agreement.

8.3 User’s Data Ownership

The User retains ownership, copyright, and all other rights over data and information provided by the User or Authorized Users to preschoolsTop through the platform. Upon termination of the Agreement, preschoolsTop will provide the User with all data covered by the Agreement. The User will have 30 days from the date of termination to extract data from the platform, after which preschoolsTop will disable the User’s access and delete the data.

8.4 Platform Resource Usage Terms and Copyright Statement

All thematic content displayed on the preschoolsTop platform, including but not limited to theme templates, images, videos, font libraries, and other resources, are legally acquired from third-party copyright holders through legitimate channels. Users are granted only limited usage rights by the platform and are strictly prohibited from downloading, copying, modifying, disseminating, or redistributing these resource files in any form without authorization. Any violation of these terms will be considered an infringement of intellectual property rights, and the user shall bear full legal responsibility for such actions, including but not limited to civil compensation and administrative penalties. The platform reserves the right to pursue legal action against users who violate these terms.

 

 

9. Confidentiality

9.1 Safeguarding Confidential Information

Each Party agrees to safeguard the other Party's Confidential Information from unauthorized use, access, or disclosure using a degree of care no less than that which it uses to protect its own Confidential Information, which shall be no less than a reasonable standard of care in accordance with applicable law.

9.2 Disclosure to Personnel

Confidential Information may be disclosed to personnel on a "need to know" basis and only for the purposes of fulfilling the obligations under this Agreement. Such disclosures shall be subject to confidentiality obligations that are no less restrictive than those imposed by this Agreement.

9.3 Return or Destruction of Confidential Information

Upon the expiration or termination of this Agreement, each Party shall promptly return or destroy all Confidential Information in its possession, in accordance with the other Party's instructions, and certify such destruction in writing or email.

9.4 Exceptions to Confidentiality

The restrictions on disclosure of Confidential Information shall not apply in the following circumstances:

• When required by applicable law, provided the disclosing Party notifies the other Party in advance (where permissible by law) to allow for the possibility of seeking a protective order, and limits the disclosure to the minimum necessary.
• If the information was already in the receiving Party’s possession as of the Effective Date, as evidenced by written records.
• If the information becomes publicly available through no fault or breach of the receiving Party.

9.5 Access for Performance

Each Party may access the other Party's Confidential Information solely for the purposes of fulfilling its obligations under this Agreement.

9.6 Confidentiality Obligations

Both Parties agree to hold each other's Confidential Information in strict confidence and, unless required by law, not disclose it to any third party or use it for any purpose other than performing under this Agreement. Both Parties shall take all reasonable steps to ensure that their employees, agents, or contractors do not disclose or misuse the Confidential Information.

9.7 Liability for Third-Party Actions

Neither Party shall be responsible for any loss, destruction, alteration, or disclosure of Confidential Information caused by third-party actions beyond its control.

9.8 Specific Acknowledgments

• preschoolsTop’s Confidential Information: The User acknowledges that details of preschoolsTop's services, including any performance tests of the services, constitute preschoolsTop's Confidential Information.
• User’s Confidential Information: preschoolsTop acknowledges that all User data, including data provided by Authorized Users, constitutes the Confidential Information of the User.

10. REPRESENTATIONS AND WARRANTIES.

• Authority and Obligations: preschoolsTop represents and warrants that it has full authority to enter into and perform this Agreement and that no other agreements will interfere with its obligations under this Agreement. preschoolsTop further warrants that its disclosure of information to the User will not violate any obligations to third parties.
• Intellectual Property: preschoolsTop warrants that the Services, Application, and deliverables will not infringe any third-party intellectual property rights. preschoolsTop maintains the authority to grant the rights set forth in this Agreement without needing further consent from third parties, including its employees and contractors.
• Licenses and Permissions: preschoolsTop warrants that it has and will maintain all necessary licenses, consents, and permissions required to perform its obligations under this Agreement.
• Personnel Supervision: preschoolsTop will supervise its personnel to ensure the Services are performed according to this Agreement and remains responsible for their actions or omissions.
• Application Maintenance: preschoolsTop is responsible for developing, hosting, managing, maintaining, and ensuring the availability of the Application, and for resolving any issues during the term of the agreement. The Application will function as specified in the documentation.
• Service Performance: preschoolsTop undertakes that the Services will be performed with reasonable skill and care and in substantial accordance with the Documentation.
• The undertaking does not apply if the non-conformance is caused by misuse of the Services or unauthorized modifications. If non-conformance occurs as per the undertaking, preschoolsTop will use reasonable efforts to correct it promptly or provide an alternative solution. This correction or substitution is the User’s exclusive remedy for any breach of the undertaking.
• preschoolsTop does not warrant uninterrupted or error-free use of the Services, nor that they will meet the User’s specific requirements.
• preschoolsTop is not responsible for delays, delivery failures, or other losses resulting from data transfer over communications networks, including the internet.
• preschoolsTop does not guarantee the software will be virus-free or operate securely at all times, but will provide support to address these issues.
• Service Availability: preschoolsTop does not warrant uninterrupted availability of the software but will provide support to maintain its availability and address errors or viruses. preschoolsTop is not responsible for unavailability caused by circumstances beyond its control or for issues arising from non-agreed hardware, software, systems, or data.
• Independent Development: This Agreement does not prevent preschoolsTop from entering into similar agreements with third parties or from independently developing, using, selling, or licensing similar documentation, products, or services.

11. Limitation of Liability

11.1 General Liability

The User expressly agrees that preschoolsTop, its affiliates, officers, directors, employees, or agents shall under no circumstances be liable for any loss, injury, damage, or claim incurred by the User, Customer, or any third party arising from or in connection with any transaction or interaction under this Agreement. This includes, but is not limited to, any claims related to the infringement or violation of any laws, regulations, or intellectual property rights of any third party. The User acknowledges that any use of the platform or services is at their own risk.

11.2 User's Responsibility

The User acknowledges and agrees that it is solely responsible for any claims, damages, and allegations arising from its own acts or omissions under this Agreement. The User shall indemnify, defend, and hold preschoolsTop harmless from and against all claims, damages, losses, and liabilities arising from any act or omission, including but not limited to negligence, misconduct, or misrepresentation by the User or its representatives. preschoolsTop shall not be liable for any claims or damages resulting from the User's actions, negligence, or misrepresentation, nor for any third-party claims related to the User’s use of the platform.

11.3 Exclusion of Certain Damages

Under no circumstances shall preschoolsTop be liable for any loss of profits, revenue, business, data, or for any direct, indirect, incidental, consequential, punitive, special, or exemplary damages arising out of or related to this Agreement or the use of the platform, regardless of the type of claim, whether in contract, tort (including negligence), strict liability, or otherwise, even if preschoolsTop has been advised of the possibility of such damages. This exclusion includes, but is not limited to, loss of anticipated profits, business interruption, loss of goodwill, or loss of data. The User understands and agrees that this limitation applies regardless of the form or nature of the claim. This exclusion does not apply to any loss or damage proven by the User to have been deliberately caused by reschoolsTop.

11.4 Disclaimer of Warranties

The Services and Application are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. preschoolsTop expressly disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. preschoolsTop does not guarantee that the Services will be uninterrupted, error-free, or completely secure.

11.5 Data Integrity and Security

preschoolsTop shall not be liable for any loss, corruption, or breach of data, or for any security incidents that are beyond its reasonable control, including but not limited to hacking, cyber-attacks, or data breaches. The User is responsible for maintaining appropriate backups of their own data and implementing security measures on their systems.

11.6 Limitation Period

Any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year from the date the claim or cause of action arose. Failure to do so will result in the permanent barring of the claim.

11.7 Application of Limitation

The limitations and exclusions of liability set forth in this section shall apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or any other legal or equitable theory. These limitations shall survive the termination or expiration of this Agreement.

11.8 Maximum Aggregate Liability

Notwithstanding anything to the contrary in this Agreement, the maximum aggregate liability of preschoolsTop to the User for any claims arising out of or related to this Agreement, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, shall in no event exceed the total amount paid or payable by the User to PreschoolsTop in the six (6) months immediately preceding the event giving rise to the claim.

12. Tenure and Termination

12.1 Tenure

This Agreement shall commence on the effective date specified in the Order Form ("Effective Date") and shall remain in effect for the period specified in the applicable Order Form (the "Initial Term"). During the Initial Term, neither party may terminate this Agreement except as provided under the terms of this Agreement.

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Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms (each, a "Renewal Term") unless either party provides written notice of non-renewal to the other party at least sixty (60) days prior to the expiration of the then-current term (collectively, the "Term").

12.2 Termination

12.2.1 Termination for Cause

Either party may terminate this Agreement upon sixty (60) days' written notice to the other party if:

• The other party defaults in the performance of any material obligations under this Agreement and fails to cure such default within sixty (60) days after receiving written notice of the breach, or
• The other party becomes insolvent, initiates or becomes subject to any proceeding under the Insolvency and Bankruptcy Code, executes an assignment for the benefit of creditors, or files for relief under any applicable reorganization, moratorium, or similar debtor relief laws.

In the event of termination under this clause, the terminating party shall not incur any penalty, and all outstanding undisputed invoices for services rendered prior to the termination date must be paid by the non-terminating party.

12.2.2 Early Termination Without Cause

In the event the User terminates this Agreement without cause prior to the expiry of the Initial Term or any Renewal Term, the User shall:

• Provide written notice of termination to preschoolsTop at least sixty (60) days in advance via email.
• Be required to pay preschoolsTop all undisputed outstanding invoices due up to the date of termination.
• Additionally, the User shall be required to pay all remaining Charges for the unexpired portion of the Initial Term or any Renewal Term, up to the expiration date of the Agreement.

preschoolsTop is not obligated to refund any pre-paid Charges for services in the event of early termination without cause by the User.

12.2.3 Termination by PreschoolsTop

preschoolsTop may terminate this Agreement immediately upon written notice to the User, without liability to the User, if:

• The User fails to pay any Charges or other amounts payable to preschoolsTop when due,
• The User materially breaches any provision of this Agreement, and such breach is not cured within thirty (30) days after written notice of such breach is provided by preschoolsTop,
• The User ceases to conduct business, becomes insolvent, or is subject to liquidation, bankruptcy, or other insolvency proceedings,
• PreschoolsTop is required to do so by law or regulation, or if continued provision of the Services would create a material security, legal, or technical burden.

12.3 Effect of Termination

Upon termination or expiration of this Agreement:

• All rights and licenses granted to the User will immediately terminate.
• The User’s access to the platform, services, and any data stored on the platform will be revoked.
• Before discontinuing the use of PreschoolsTop, users are required to save their data on PreschoolsTop independently. Once the account expires and the use is terminated, PreschoolsTop will no longer be obligated to retain or provide any user data, and such data will be permanently deleted in accordance with PreschoolsTop's data retention policy.

12.4 Outstanding Payments

In the event of termination by preschoolsTop for cause, or termination by the User without cause, all outstanding and undisputed amounts owed by the User to preschoolsTop shall become immediately due and payable. This includes all Charges for services rendered up to the date of termination, as well as the remaining Charges for the unexpired portion of the Initial Term or any Renewal Term, up to the Agreement’s expiration date.

The User acknowledges that no refunds will be issued for any pre-paid amounts under this Agreement, and hereby waives any right to claim such refunds.

12.5 Survival

The provisions of this Agreement relating to confidentiality, payment obligations, intellectual property rights, and limitation of liability shall survive the termination or expiration of this Agreement.

13. Security Audits

preschoolsTop shall conduct regular security audits on its technical and organizational measures to ensure the protection of User data. The results of these audits will be made available to the User upon request. Additionally, the User may perform or designate third parties to conduct security audits of PreschoolsTop’s data protection measures, subject to PreschoolsTop’s prior written consent. The costs of such third-party audits shall be borne by the User.

14. Use of Subprocessors

preschoolsTop may engage sub processors to process personal data, provided that such sub processors adhere to the same data protection obligations as those set forth in this Agreement. preschoolsTop shall notify the User of any new subprocessors, providing a reasonable period for the User to raise objections. If preschoolsTop cannot resolve the objections raised by the User in good faith, the User may terminate the affected services. Additionally, preschoolsTop will document and agree on the legal basis for transferring data to subprocessors located outside America,ensuring compliance with applicable data protection regulations.

15. Transfer of Personal Data to Third Countries

In cases where preschoolsTop transfers personal data to sub processors in third countries (outside America), such transfers shall comply with all applicable laws and regulations, including but not limited to the GDPR or other relevant data protection laws. PreschoolsTop shall document the legal basis for such transfers and ensure that appropriate safeguards are in place.

16. Indemnification

The User agrees to indemnify, defend, and hold harmless preschoolsTop from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees and costs of litigation) resulting from any third-party claims arising out of or related to:

• The User's breach of this Agreement,
• Intellectual property rights (IPR) infringement resulting from the User's use of the Services,
• Any willful misconduct, misrepresentation, or other negligent actions by the User or its agents,
• Any loss of business opportunities suffered by preschoolsTop due to the User’s breach or willful misconduct.

The User agrees to indemnify, defend, and hold harmless preschoolsTop from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs of litigation) resulting from any third-party claims arising out of or related to.

17. Governing Law and Dispute Resolution

This Agreement and all matters arising from it shall be governed by and construed in accordance with the laws of America. The parties agree to submit to the exclusive jurisdiction of the courts in Bangalore, America, for the resolution of any disputes arising under this Agreement.

18. Post Termination Responsibility

Upon termination or expiration of this Agreement:

• All rights granted to the User, including User Subscriptions, shall immediately cease.
• Each party shall return and cease using any equipment, property, documentation, or other items (and all copies thereof) belonging to the other party.
• preschoolsTop may destroy or otherwise dispose of any Customer Data in its possession unless it receives a written request from the User within ten (10) days following the termination date for the delivery of the most recent back-up of the User’s Data. preschoolsTop will use reasonable commercial efforts to deliver the back-up within thirty (30) days of such a request, provided that all outstanding fees have been paid by the User. The User shall bear all reasonable expenses incurred by preschoolsTop in returning or disposing of the data.
• The termination of this Agreement shall not affect any accrued rights of either party as of the termination date, nor shall it affect the continuation of any provision that expressly survives or is implied to survive termination.
• The User shall settle all undisputed outstanding invoices payable to PreschoolsTop up to the end of the Agreement’s tenure or the termination date, whichever is longer.

19. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control ('Force Majeure Events'). Such events may include, but are not limited to, acts of God, natural disasters, pandemics, war, labor disputes, or government actions. If a Force Majeure Event occurs, the affected party shall promptly notify the other party and make reasonable efforts to mitigate the impact of the event on its performance. The party not affected by the Force Majeure Event may terminate the Agreement if such event continues for more than sixty (60) days.

20. Compliance

Both parties agree to comply with all applicable laws and regulations in the performance of their respective obligations under this Agreement. Each party warrants that it will not do, or permit to be done, anything that may cause the other party to breach any applicable law or regulation.

21. Assignment

Neither party may assign or subcontract its rights or obligations under this Agreement without the prior written consent of the other party, except in the case of a merger, acquisition, or sale of all or substantially all of a party’s assets.

22. Notices

All notices, requests, or other communications under this Agreement shall be conducted via email. The specific email address is admin@preschools.top.

23. Non-Exclusive Agreement

This Agreement is non-exclusive. The User acknowledges that preschoolsTop may engage in similar business relationships with other parties. Similarly, the User may enter into agreements with other service providers, including PreschoolsTop’s competitors.

24. Publicity

preschoolsTop may disclose that it is providing services to the User, including using the User's name, logo, and trademarks in promotional materials, press releases, and on its website, provided such use is in good faith and consistent with the User’s branding guidelines.

25. Entire Agreement

This Agreement, together with any annexures or documents referred to herein, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, relating to its subject matter.

26. Amendments

Any modification, amendment, or waiver of any provision of this Agreement must be in writing and signed by an authorized representative of both parties to be effective.

27. No Waiver

No failure or delay by either party in exercising any right or remedy under this Agreement shall operate as a waiver of that right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of that right or remedy.

28. No Partnership or Agency

Nothing in this Agreement is intended to, or shall operate to, create a partnership or joint venture between the parties, nor authorize either party to act as an agent for the other party.

29. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remainder of the Agreement shall remain in effect. The invalid or unenforceable provision shall be replaced with a valid provision that closely approximates the intent of the original provision.

30. Changes to Terms

preschoolsTop reserves the right to update or modify these Terms at any time. Changes will be effective immediately upon posting, and continued use of the platform constitutes acceptance of the updated Terms.

User Support:

preschoolsTop will provide a dedicated Helpdesk offering support on working days between the hours of 8.00 and 20.00 by phone and email. preschoolsTop will endeavour to answer any support queries within 4 hours during the hours of 8.00 and 20.00, but no longer than within 36 working hours of the request.

preschoolsTop will answer concise and precise questions concerning the usage of the application, carry our simple troubleshooting, and provide general guidance regarding the application.

 

 

Contact

If you wish to make a request access or request correction of the personal data or have any inquiries or complaints in respect of your personal data, please contact us at:

 

admin@preschools.top