End User Licensing Agreement
(Effective: Jan 27, 2025)
These General Terms and Conditions (“Terms”) govern your access and use of the Services, as such term is defined below. “We”, “our” and “Company” means ClassKid LLC. “You” and “your” means the customer agreeing to or accepting these terms.
BY CLICKING TO INDICATE YOUR ACCEPTANCE OR ACCESSING OR USING THE SERVICES (AS DEFINED BELOW), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT THE INDIVIDUAL SO CLICKING OR ACCESSING OR USING THE SERVICES HAS THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
1. DEFINITIONS
a. “Affiliate” means in the case of either party, any entity that, from time to time, is directly or indirectly controlling, controlled by, or under common control of such party, where “Control” means the power to direct or cause the direction of the management or policies of such entity, whether through the ownership of voting securities, by contract, or otherwise.
b. “Agreement” means each Order Form, any applicable incorporated documents, and these Terms.
c. “Confidential Information” means information in any form, whether oral or written, of a business, financial or technical nature which the recipient reasonably should know is confidential and which is disclosed by a party in the course of the Agreement.
d. “Documentation” means manuals, handbooks, guides and other user instructions, documentation and materials available through the product or provided by us regarding the capabilities, operation, and use of our Services.
e. “Facility” means the locations at which you operate as identified in the Order Form.
f. “Order Form” means the online form(s) that you complete on www.classkid.com to order, or register for, Services.
g. “Property” means our property, which includes but is not limited to our products, Services, information, Documentation, data (whether tangible or intangible) and Usage Information, any intellectual property licensed by us by a third-party or any source code, object code, underlying structure, ideas, know-how or algorithms relevant to the foregoing or any software or data related to the foregoing.
h. “Services” means the software-as-a-service that identified in the Order Form, as we may modify the service from time to time in our discretion.
i. “Usage Information” means any information, data, or other content (including statistical compilations and performance information) related to or derived from your access to and use of our Property.
j. “Your Data” means, other than Usage Information, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by you or on your behalf through the Services.
2. IP OWNERSHIP; LICENSES & DELIVERY
a. Reservation of Rights. Together with our licensors, we reserve all rights not expressly granted under the Agreement. Except for the limited rights and licenses expressly granted herein, nothing in the Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Property. You acknowledge that, as between the parties, all intellectual property rights in the Property are owned by us, our Affiliates, or third-party providers. You will not remove or conceal any property rights notices in the Services and will include such notices on any copy you are permitted to make.
b. Services License. Subject to the terms and conditions of the Agreement, we hereby grant you a non-exclusive, non-sublicensable, non-transferable right to access, view, and use our Services in the country in which the Facilities are located and solely for your own internal business purposes in connection with such Facilities. Your access, view and use of our Services will be associated with a single ClassKid account regardless of the number of Facilities you operate.
c. Documentation License. Subject to the terms and conditions contained in the Agreement, where Documentation is available, we hereby grant you a non-exclusive, non-sublicensable, non-transferable license to use such Documentation in the country in which the Facilities are located and solely for your internal business purposes in connection with the Facilities and your use of our Services.
d. Limited License to Your Data. You hereby grant us a non-exclusive license and right to use, copy, store, host, display, transmit and process Your Data solely as necessary for us, our employees and contractors to provide our Services under the Agreement and in accordance with applicable law. We may delete or disable Your Data if required under applicable law, in which case we will use our commercially reasonable efforts to provide notice to you. We acknowledge that, as between the parties, all intellectual property rights in Your Data are owned by you or your licensors. Notwithstanding anything to the contrary contained in this Agreement, you hereby grant us a non-exclusive license and right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including Usage Information and Your Data and data derived therefrom), and we may (during and after the term hereof) (i) use such information and data to improve and enhance the Services and for other development and diagnostic purposes in connection with the Services and our other offerings; and (ii) disclose such data solely in aggregate or other de-identified form in connection with our business.
e. Delivery. We will deliver our Services and any Documentation electronically, on tangible media, or by other means, in our sole discretion. When you download or access our Services or Documentation, you are accepting it for use in accordance with the Agreement.
f. Order Form. Your Order Form identifies the Services, charges and other details of your order. The applicable Order Form may also refer to and incorporate documents which may apply to the Services you selected. Each Order Form, any applicable incorporated documents and these Terms constitute the complete agreement and supersede any prior or contemporaneous discussions, agreements, representations or warranties regarding your order.
g. Use of Name. You will not use our name, trademarks or any derivatives of them, without our prior written consent.
3. OUR SERVICES
a. Changes to Service. Our Services may change from time to time, but we will not change their fundamental nature unless otherwise expressly permitted herein. Certain Services include updates (bug fixes, patches, maintenance releases). We reserve the right to charge for upgrades (releases or versions that include new features or additional functionality) or any application programming interfaces (“APIs”) for applicable Services. Any additional charges for selected upgrades or APIs will be set forth in a separate Order Form. We may subject certain features or functionality to metering or other usage restrictions to maintain responsive performance.
b. Beta Services. From time to time, we may make new features or functionality available to you to try at no additional charge, which shall be designated as beta, limited release, non-production, early access, evaluation, or some similar description (“Beta Services”). Beta Services are not supported and will be subject to any additional terms that may be presented to you by us. In any case, all restrictions, reservations of rights and your obligations concerning the Services shall apply equally to your use of Beta Services. We may discontinue Beta Services at any time in our sole discretion. You acknowledge that Beta Services may be untested, inoperable or incomplete, and may contain bugs, errors or other problems. Beta Services are outside the scope of our obligations in Section 8(c).
c. Passwords. Your access to certain Services is password protected. You are responsible for ensuring that passwords are kept confidential. Sharing passwords is strictly prohibited. Each user must immediately change their username/password combinations that have been acquired by or disclosed to an unauthorized third party. You shall maintain industry standard computing environments to ensure that the Property is secure and inaccessible to unauthorized persons.
d. Unauthorized Technology. Unless we give prior written authorization, you must not (i) run or install any computer software or hardware on our Services or network; (ii) mine, scrape, index, or automatically download our data; or (iii) automatically connect (whether through APIs or otherwise) our data to other data, software, services or networks. You will not introduce any malicious software or technologies into any products, services or networks, including the Services or the Property.
e. Third Party Providers. Our Services may include data and software from third parties. Some third-party providers require us to pass additional terms through to you and some require the third-party software to be governed by their own respective licenses. The third-party providers change their terms occasionally and new third-party providers are added from time to time. To see the current third-party required notices and the third-party additional terms and licenses for our Services please click on the following URL: https://help.classkid.com/c/legal-center/open-source-notices. You agree to comply with all applicable third-party terms therein.
f. Third Party Supplemental Software. From time to time, you may be required to license third-party software to operate some of our Services. Additional terms may apply to such third-party software.
g. Use Restrictions. You shall not use the Property or permit a third party to use the Property for any purposes beyond the scope of the access granted herein. Unless otherwise expressly permitted in the Agreement, you may not, and you may not permit a third party to: (i) sell, license, sublicense, distribute, publish, display, store, copy, modify, merge, decompile, decode or disassemble, reverse engineer, remove any proprietary notices, translate or transfer the Property in whole or in part, or as a component of any other product, service or material; (ii) use or provide the Property on a white-labeled/re-branded basis, or otherwise, for the benefit of any third party (other than to the extent third parties are expressly permitted to receive the Property under the Agreement) (iii) use the Property or our third-party providers’ property to train any artificial intelligence (AI) or machine learning algorithms or software or create any derivative works, compilations or collective works or in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; or (iv) allow any third parties to access, use or benefit from the Property in any way. Except as expressly set forth in the Agreement we retain all rights and you are granted no rights in or to the Property.
h. Security. You will use and will require any authorized users to use industry standard organizational, administrative, physical and technical safeguards to protect the Property. You will notify us if you become aware of any unauthorized third-party access to our data or systems and will use commercially reasonable efforts to remedy identified security threats and vulnerabilities to your systems.
i. Compliance. You shall at all times comply with applicable law, including export controls and economic sanctions that apply in connection with the Agreement. You will not obtain, retain, use, or provide access to the Services to any third party pursuant to the terms of this Agreement in a manner that may breach any applicable export control or economic sanctions laws and regulations for any jurisdiction. You warrant that neither you, nor any third party to which you provide access to the Services pursuant to the terms of this Agreement, is or is affiliated with a specially designated or sanctioned entity under any of those laws and that, in any transaction relating to us, you will not involve sanctioned parties, including without limitation through the use of bank accounts at banks that are sanctioned parties.
j. Your Responsibilities. You are responsible for (i) proper use of the Property in accordance with all Documentation, usage instructions and operating specifications; (ii) adherence to the minimum recommended technical requirements; (iii) changes you make to our Services or data; (iv) your combination of the Property with any other products, services, data or other property; (v) implementing and maintaining proper and adequate virus or malware protection and proper and adequate backup and recovery systems; and (vi) installing updates. You will not use the Property in connection with any of the following types of content, products and/or services: (1) pornography, sexual products, otherwise sexually explicit material or escort services; (2) illegal drugs and drug contraband; (3) alcoholic beverages, including any promotion of alcohol to persons under twenty-one (21) years of age; (4) pirated computer programs, viruses, worms, Trojan horses or other harmful code; (5) instructions or materials for the assembly of bombs or other weapons; (6) disclosure of anyone’s private or personally identifying information, or Protected Health Information or Electronic Protected Health Information as those terms are defined under Health Insurance Portability and Accountability Act of 1996, as amended, without third-party consent as legally required; (7) material that displays any person under eighteen (18) years of age in an illicit or otherwise exploitative manner; (8) any libelous, defamatory, scandalous, threatening, abusive or harassing activity; (9) objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred and any discrimination on the basis of race, sex, religion, nationality, ethnicity, disability, sexual orientation, gender identity, political affiliation or age; (10) advocacy, promotion or other encouragement of violence against any government, organization, group or individual or any instruction, information, or assistance in causing or carrying out such violence; (11) any product or service that is unlawful where such product or service or promotion thereof is received; (12) images or other content of authors, artists, photographers or others without prior express written consent form the content owner; and (13) any other material that is or may be unlawful under any applicable law, statutes and regulations.
4. TERM, TERMINATION
a. Term. Your subscription is effective upon the date that you submit the Order Form (“Effective Date”) and will continue for a trial period of fifteen (15) days or such longer period as we offer to you in writing (the “Trial Period”). Unless terminated prior to the expiration of the Trial Period pursuant to Section 4(c), your subscription will continue from the date of the expiration of the Trial Period for the number of months that you select in the Order Form (the “Minimum Term”). At the end of the Minimum Term, your subscription will automatically renew for successive renewal terms of a duration equal to the Minimum Term unless (i) we provide 30 days’ advance notice of non-renewal or (ii) you terminate your subscription by updating your account information accordingly on www.classkid.com prior to such renewal.
b. Suspension and Termination. We may on notice terminate this Agreement or suspend or limit your use of any portion or all of our Services, or modify the terms on which it is provided, if (i) requested to do so by a third-party provider, court or regulator; (ii) you become or are reasonably likely to become insolvent; (iii) there has been or it is reasonably likely that there will be: (1) a breach of security; (2) a breach of your obligations under the Agreement or another agreement between us; (3) a breach of our agreement with a third-party provider; (4) a violation of third party rights or (5) a violation of applicable law. Our notice will specify the cause of the termination, suspension or limitation and, if the cause of the termination, suspension or limitation is reasonably capable of being remedied, we will inform you of the actions you must take to reinstate the Service. If you do not take the actions or the cause cannot be remedied within 30 days, we may suspend or limit your use of any portion of all of our Services, terminate the Agreement in whole or in part or modify the terms of which the Services are provided. Charges remain payable in full during periods of suspension or limitation arising from your action or inaction. We may, upon reasonable notice, terminate all or part of the Agreement in relation to a Service which is being discontinued.
c. Trial Period. You terminate your subscription at any time during the Trial Period by updating your account information accordingly on www.classkid.com during the Trial Period.
d. Changes to Minimum Term. You may change the Minimum Term of your subscription by updating your account information accordingly on www.classkid.com. Unless otherwise permitted by us, such change shall be effective upon the expiration of the then-current Minimum Term or renewal term, as applicable.
e. Material Breach. We may terminate the Agreement immediately upon written notice if you commit a material breach and fail to cure the material breach within 15 days of written notice. Any misrepresentation by you or failure to fully pay any amount when due under the Agreement is a material breach for this purpose.
f. Effect of Termination. Except to the extent we have agreed otherwise, upon expiration or termination of the Agreement, all licenses and rights granted herein shall end immediately and you must uninstall or destroy all of the Property. Additionally, upon such expiration or termination, at your request, we will, at our discretion, either return or destroy your Confidential Information, except as may be required for archival or compliance purposes. Termination of the Agreement will not (i) relieve you of your obligation to pay us or our agent any amounts you owe up to and including the last day of the term of your subscription; (ii) affect other accrued rights and obligations; or (iii) terminate those parts of the Agreement that by their nature should continue or those that expressly state shall survive termination. You shall not be entitled to any refund of any amounts previously paid in connection with any termination of this Agreement.
5. CHARGES
a. Payment and Taxes. During the Trial Period, no fee shall be charged. During the Minimum Term (as set forth on the applicable Order Form), any renewal terms thereafter and the remainder of the term of your subscription, you must pay all applicable charges in advance on the Effective Date as set forth on the applicable Order Form and the first day of each renewal term thereafter, in each case, in United States Dollars without set-off, counterclaim or deduction. We reserve the right to charge a late fee of $25 for any monthly charge not paid by the due date. During the term of the Agreement, you will provide us with payment information for a valid credit card or a valid debit card with sufficient funds to cover an electronic debit of the charges required to be paid under this Agreement. The payment information you provide must be accurate, current and complete, and you agree to notify us promptly of any change in the payment information. You authorize us to charge you for charges as and when due pursuant to these Terms via credit card, debit card or any other method you have provided in advance. If you fail to pay any charges when due, you are responsible for all of our collection costs, including legal fees and court costs. You must also pay (i) applicable taxes and duties, other than taxes on our income, in addition to the price quoted and (ii) a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower. You must notify us of any dispute regarding billing within 10 days of the date the disputed monthly charge is due.
b. Changes. We may increase, or adjust the basis for calculating, the charges for our Services with effect from the start of each renewal term by giving you at least 30 days written notice; any other price changes or adjustments, if any, will be as set out in your Order Form.
c. Excess Use. You must pay additional charges if you exceed the scope of use specified in the applicable Order Form, based on the rates specified on the applicable Order Form or our current standard pricing, whichever is greater. We may change the charges if you merge with, acquire or are acquired by another entity.
6. CONFIDENTIALITY
Without limiting any of your other obligations in this Agreement, during the Term, each party agrees to (i) protect any Confidential Information received from the other party using the same standard of care it uses to protect its own Confidential Information (which shall be no less than a reasonable degree of care) and (ii) not disclose any part of it to any third party except to its Affiliates, contractors, financial advisors, accountants and attorneys who are subject to legal privilege or confidentiality duties or obligations to the recipient that are no less restrictive than the terms and conditions of the Agreement. If a court or government agency orders either of us to disclose the Confidential Information of the other, unless the court or government agency prohibits prior notification, the other party will be promptly notified so that an appropriate protective order or other remedy can be obtained, at the other party’s cost. These obligations of confidentiality do not apply to information which: (a) is or becomes generally available to the public (through no act or omission of the receiving party); (b) becomes known to the receiving party on a non-confidential basis through a third party who is not subject to an obligation of confidentiality with respect to that information; (c) was lawfully in the possession of the receiving party prior to such disclosure as established by documentary evidence; or (d) is independently developed by the receiving party, as established by documentary evidence, without reference to or use of, in whole or in part, any of the disclosing party's Confidential Information. This section shall survive one (1) year after the expiration or termination of the Agreement or until the Confidential Information is no longer deemed confidential under applicable law, whichever occurs first. In the event of any breach of the confidentiality provisions of this Section, the non-breaching party may be entitled to seek equitable relief by way of injunction, specific performance or similar remedy in addition to any other remedies that may be available to it from a court of competent jurisdiction to prevent or restrain breaches of this Section.
7. DISCLAIMERS
NO WARRANTY. OUR SERVICES ARE PROVIDED “AS IS”, AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW INCLUDING, WITHOUT LIMITATION, WARRANTIES OR OTHER TERMS AS TO SUITABILITY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN ENTERING THE AGREEMENT, NEITHER PARTY HAS RELIED UPON ANY STATEMENT, REPRESENTATION, WARRANTY OR AGREEMENT OF THE OTHER PARTY EXCEPT FOR THOSE EXPRESSLY CONTAINED IN THE AGREEMENT. UNLESS OTHERWISE EXPRESSLY STATED IN THE AGREEMENT, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DO NOT WARRANT OR REPRESENT OR INCLUDE ANY OTHER TERM THAT THE SERVICES WILL BE DELIVERED FREE OF ANY INACCURACIES, INTERRUPTIONS, DELAYS, OMISSIONS OR ERRORS, OR THAT ANY OF THESE WILL BE CORRECTED, AND WE WILL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM SUCH FAULTS.
8. LIABILITY
a. LIMITATION. COMPANY AND ITS AFFILIATES, AND THEIR OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES (COLLECTIVELY, THE “COMPANY PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES OR OTHER AMOUNTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING FOR NEGLIGENCE, THAT EXCEED THE FEES PAID BY YOU FOR THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, WHETHER OR NOT ANY COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
b. EXCLUSIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE COMPANY PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR ANY TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (1) FOR ANY PENALTIES, INTEREST, TAXES OR OTHER AMOUNTS IMPOSED BY ANY GOVERNMENTAL OR REGULATORY AUTHORITY OR (2) FOR ANY ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS. OR (3) INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF DATA, OR LOSS OF PROFITS (IN EITHER CASE, WHETHER DIRECT OR INDIRECT) EVEN IF SUCH DAMAGES OR LOSSES COULD HAVE BEEN FORESEEN OR PREVENTED.
c. Third Party Intellectual Property. Subject to Section 3(b), if a third party sues you claiming that our Services, excluding any portions of the same provided by our third-party providers, infringes their patent or copyright, your use of such Services has been in strict compliance with the terms of the Agreement, we will defend you against the claim and pay damages that a court finally awards against you or that are included in a settlement approved by us, provided the claim does not result from or relate to: (i) a combination of all or part of our Services with technology, products, services or data not supplied by us; (ii) modification of all or part of our Services other than by us; (iii) use of a version of our Services after we have notified you of a requirement to use a subsequent version; (iv) your breach of the Agreement or (v) your continuation of any alleged infringing activity after being notified thereof or after being information of modifications that would have avoided the alleged infringement. Our obligation in this Section 8(c) is conditioned on you (1) promptly notifying us in writing of the claim; (2) supplying information we reasonably request; and (3) allowing us to control the defense and settlement. We may remedy any alleged or anticipated infringement of a third-party intellectual property right by (A) procuring the right for you to continuing using the Service in accordance with this Agreement; (B) replacing or modifying the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality; or (C) taking any of the actions in Section 4(b).
d. Your Obligations. You will indemnify, defend and hold the Company Parties harmless from any loss, damage or cost the Company Parties incur arising out of or in connection with a third-party claim, or a regulatory fine or penalty, connected to: (i) an allegation that any Company Party’s use of Your Data or any other information, data, software, or other materials provided to us by you or on your behalf, which we are required to host, use or modify in the provision of our Services infringes the intellectual property rights of a third party; (ii) your or any authorized user’s breach of the Agreement or violation of applicable law; (iii) any Company Party’s compliance with any instruction given by you to us in the course of the provision of our Services; or (iv) an assertion by any person accessing or receiving the benefit of any part of our Services through you.
e. Customer Assistance. We will not be responsible if our Service fails to perform because of your third-party software, your hardware malfunction, or your actions or inaction. If we learn that our Service failed because of one of these, we also reserve the right to charge you for our work in investigating the failure. At your request we will assist you in resolving the failure at a fee to be agreed upon by us.
9. THIRD PARTY RIGHTS
Our third-party providers benefit from our rights and remedies under the Agreement. Except for our third-party providers and the Company Parties, no other third parties have any rights or remedies under the Agreement.
10. GENERAL
a. Assignment. You may not assign or transfer (by operation of law or otherwise) any right or obligation under the Agreement to anyone else without our prior written consent, which may not be withheld in our sole and absolute discretion. We may freely assign or transfer any right or obligation under this Agreement without your consent. We may subcontract any of the Services in our sole discretion. Any assignment, delegation or other transfer in contravention of this Section 10(a) is void.
b. Feedback. You may voluntarily provide any comments, suggestions, ideas or recommendations (collectively, “Feedback”) to us, and if so, you grant us a perpetual, irrevocable, transferable, non-exclusive right, without charge, to use any Feedback you provide related to any of the Property in any manner and for any purpose.
c. Agreement Compliance. We or our professional representatives may review your compliance with the Agreement throughout the term of the Agreement. If the review reveals that you have exceeded the authorized use permitted by the Agreement, you will pay all unpaid or underpaid charges.
d. Governing Law. The Agreement will be governed by the laws of the State of Delaware and each of us hereby irrevocably submits to the exclusive jurisdiction of the federal and state courts of the State of Delaware located in Wilmington, Delaware to settle all disputes or claims arising out of or in connection with the Agreement.
e. Precedence. If there is any conflict among any elements of the Agreement and the Terms of Service and Privacy Policy applicable to our Website, the descending order of precedence is: third party license terms contained in Section 3(e) of these Terms; the applicable Order Form; the remaining provisions of the Agreement; and the Terms of Service and Privacy Policy applicable to our Website.
f. Trials. All trials or testing of our Services are subject to these Terms unless we notify you otherwise. Access to our Services for trials may only be used for your evaluation purposes. Unless we agree otherwise in writing, any data you enter into the Services, and any customizations made to the Services by or for you, during any free trial may be permanently destroyed at the end of the trial.
g. Support Provided. To assist in resolving technical problems with the Services, the Company, or its agents on behalf of the Company, may provide telephone and/or online access to its helpdesk or may provide self-help tools. Additional information related to the support provided by us may be described at the following URL: help.classkid.com or as otherwise provided by us.
h. No Waiver. If either party delays or fails to exercise any right or remedy under the Agreement, it will not have waived that right or remedy.
i. Severability. If any part of the Agreement that is not fundamental is illegal or unenforceable, it will be deemed modified to the minimum extent necessary to make it legal and enforceable. If such modification is not possible, the part will be deemed deleted. Any such modification or deletion will not affect the validity and enforceability of the remainder of the Agreement.
j. Consent to Electronic Communications. You hereby consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services.
k. Notices. All notices under the Agreement must be in writing and (i) in the case of notices to you, must be sent by email or mail, courier, fax or delivered in person at any address set out on the relevant Order Form (or such other address that you may designate from time to time in accordance with this section) and (ii) in the case of notices to us, must be sent by email to legal@classkid.com. However, we may give technical or operational notices or notices of third-party provider terms via publication on the URL in Section 3(e) or within the Services themselves.
l. Entire Agreement. The Agreement and the Terms of Service and Privacy Policy applicable to our website contain the entire understanding between us regarding your order and supersedes all prior agreements, understandings, negotiations, proposals and other representations, verbal or written, in each case relating to such order.
m. Amendments. You may not modify these Terms. We may modify these Terms at any time by providing notice to you by posting the updated Terms on www.classkid.com, providing notice to you through your online account, sending you a renewal notice communication, or using other similar means. Modified terms become effective 30 days after such notice. By using the Services after the effective date, you agree to be bound by the most recent version of the Terms. You are responsible for reviewing and becoming familiar with any such modifications.
n. Force Majeure. We are not liable for any damages or failure to perform our obligations under the Agreement because of circumstances beyond our reasonable control. If those circumstances cause material deficiencies in the Services and continue for more than 30 days, either of us may terminate any affected Service on written notice to the other.