Sproutary

Terms of Service

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The gist: We (the folks at Sproutary) run a child care and pre-school software service called Sproutary.com and would love for you to use it. We offer paid services and upgrades for advanced features. Terms of Service: The following terms and conditions govern all use of the Sproutary.com website and all content, services and products available at or through the website, including, but not limited to, Sproutary Seeds by Sproutary.com (“Spoutary Seeds”), (taken together, the Website). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Sproutary's Privacy Policy) and procedures that may be published from time to time on this Site by Sproutary (collectively, the “Agreement”). If you reside in the United States, your agreement is with Sproutary LLC (US) (“Sproutary” or “we”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Sproutary, acceptance is expressly limited to these terms. The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older. <ol> <li> Your Sproutary.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not create an account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Sproutary may change or remove any account that it considers inappropriate or unlawful, or otherwise likely to cause Sproutary liability. You must immediately notify Sproutary of any unauthorized uses of your account or any other breaches of security. Sproutary will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.</li> <li> Responsibility of Users. If you operate an account on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms. By submitting Content to Sproutary for inclusion on the Website, you grant Sproutary a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting Sproutary and your account. This license allows Sproutary to make publicly-posted content available to third parties selected by Sproutary so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, Sproutary will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Sproutary has the right (though not the obligation) to, in Sproutary's sole discretion (i) refuse or remove any content that, in Sproutary's reasonable opinion, violates any Sproutary policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Sproutary's sole discretion. Sproutary will have no obligation to provide a refund of any amounts previously paid. </li> <li> Payment and Renewal. <ul> <li> General Terms. Paid services are available on the Website (any such services, a “Plan”). By selecting a Plan you agree to pay Sproutary the monthly or annual subscription fees indicated for that service. Payments will be charged on a post-pay basis starting on the day you sign up for a Plan and will cover the use of that service for a monthly or annual subscription period as indicated. You can read about our refund policy in our support pages. Sproutary reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.</li> <li> Automatic Renewal. Unless you notify Sproutary before the end of the applicable subscription period that you want to cancel a Plan, your Plan subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Plans can be canceled at any time in the Plan section of your account’s dashboard. </li> <li> Cancelation. Your Account can be canceled by you at anytime.</li> </ul> </li> <li> Permitted Use. You may use the Sproutary API to develop a product or service that searches, displays, analyzes, retrieves, and views information available on Sproutary.com. You may also use the Sproutary.com name or logos and other brand elements that Sproutary makes available in order to identify the source of the information.</li> <li> Restricted Use. You may not use the Sproutary.com API to substantially replicate products or services offered by Sproutary, including the republication of Sproutary.com content or the creation of a separate care center or pre-school software platform. If Sproutary believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Sproutary API or Sproutary.com may be temporarily or permanently revoked, with or without notice.</li> <li> Responsibility of Website Visitors. Sproutary has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Sproutary does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sproutary disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.</li> <li> Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Sproutary.com links, and that link to Sproutary.com. Sproutary does not have any control over those non-Sproutary websites and webpages, and is not responsible for their contents or their use. By linking to a non-Sproutary website or webpage, Sproutary does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sproutary disclaims any responsibility for any harm resulting from your use of non-Sproutary websites and webpages.</li> <li> Copyright Infringement and DMCA Policy. As Sproutary asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Sproutary.com violates your copyright, you are encouraged to notify Sproutary. Sproutary will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Sproutary will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Sproutary or others. In the case of such termination, Sproutary will have no obligation to provide a refund of any amounts previously paid to Sproutary.</li> <li> Intellectual Property. This Agreement does not transfer from Sproutary to you any Sproutary or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sprouaty. Sproutary, Sproutary.com, the Sproutary.com logo, and all other trademarks, service marks, graphics and logos used in connection with Sproutary.com, or the Website are trademarks or registered trademarks of Sproutary or Sproutary’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Sproutary or third-party trademarks.</li> <li> Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Sproutary.com within the designated notice period. Your continued use of Sproutary.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.</li> <li> Termination. Sproutary may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Sproutary.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.</li> <li> Disclaimer of Warranties. The Website is provided “as is”. Sproutary and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sproutary nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.</li> <li> Limitation of Liability. In no event will Sproutary, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages. (ii) the cost of procurement for substitute products or services. (iii) for interruption of use or loss or corruption of data. or (iv) for any amounts that exceed the fees paid by you to Sproutary under this agreement during the twelve (12) month period prior to the cause of action. Sproutary shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.</li> <li> General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Sproutary Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.</li> <li> US Economic Sanctions. You expressly represent and warrant that your use of the Website and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Sproutary reserve the right to terminate accounts or access of those in the event of a breach of this condition.</li> <li> Indemnification. You agree to indemnify and hold harmless Sproutary, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.</li> <li> Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.</li> <li> Miscellaneous. This Agreement constitutes the entire agreement between Sproutary and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sproutary, or by the posting by Sproutary of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Indiana, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Vanderburgh County, Indiana. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Evansville, Indiana, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions. Sproutary may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.</li> </ol> Change log: <ul> <li> 2015-08-05: First version of the Terms of Service.</li> </ul> Thanks to Automattic.com for releasing their Terms of Service under a Creative Commons Sharealike 4.0 license. We've copied it and modified it to our needs. © 2021 Sproutary • Privacy Policy • Terms of Service Happy families, happy sprouts.