2. Authorised Users and Relationship with the Customer
You are connected to our customer, i.e., the nursery or early education setting/centre (the “Customer”) that has separately entered into an agreement with us by accepting the Famly Terms and Conditions for use of the Platform (the “Agreement”). The Agreement sets out our commitment to deliver the services of the Platform to the Customer. The Agreement permits the Customer to invite individuals to join the Platform who are so-called authorised users so that such users can use its features and services. The Customer has its area on the Platform where the Customer creates child profiles, manages daily tasks, uses the newsfeed and handles all communication etc. The Customer is in control of this area.
There are two types of authorised users:
1) user who is an employee of the Customer (i.e. employee of nurseries and early education settings/centre that is a Customer of Famly) and referred to as “Staff User”. The term Staff User covers any such users with admin rights; and
2) person otherwise connected to the Customer (e.g. parents, guardians, other family members of children attending the nursery or early education setting/centre that is a Customer of Famly) and referred to as “Family User ”.
Staff User and Family User are collectively referred to as “Authorised User”/”Authorised Users”.
You as an Authorised User gain access to the Platform via an email invitation. The Customer sends invitations to Staff Users and most Family Users. If you are a Staff User with admin rights we send you the invitation. Family Users may also be able to invite other persons to access the Platform as Family Users provided that such persons have a valid reason to get the access, such as grandparents. The Customer may set additional guidelines around Family Users providing such other persons access to the Solution.
Once you receive the email invitation you need to activate your account and create a password. You agree to keep your password confidential and will be responsible for all use of your account and password.
3. Use of the Platform
For Staff Users, the Platform is made available “as is” for commercial use only to use the services set out in the Famly Terms and Conditions entered into between the Customer and us.
For Family Users the Platform is made available “as is” for personal use only to access information about a child, communicate to the nursery or early education setting/centre, insert/update necessary personal information etc.
4. Authorised User Representations
By using the Platform, you represent and warrant that you will not use the Platform for any illegal or unauthorised purpose and your use of the Platform will not violate any applicable law or regulations.
5. Intellectual Property Rights
Unless otherwise indicated, the Platform is our proprietary property and all source code, functionality, software, website designs, and graphics on the Platform (“Famly Content”), the Famly trademarks and logos (“Famly Marks”) are owned by us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Denmark, foreign jurisdictions, and international conventions.
We may use a Customer trademark (“Customer Mark”) to provide a branded Platform to the Customer, in such cases we have obtained a license to use the Customer Mark for such purposes. If you are a Staff User you must follow the Customer guidelines around use of the Customer Mark. If you are a Family User you can only use the Customer Mark if you are authorised to do so by our Customer.
6. Authorised User Generated Contributions
As an Authorised User you may be able to message other Authorised Users, i.e. Staff Users and/or Family Users, and you may be able to contribute to the newsfeed and comment section. The scope and types of contributions depend on your access rights as Staff User or a Family User. The Platform may therefore provide you with the opportunity to create, submit, post, display, publish, distribute or broadcast content and materials on the Platform, including but not limited to text, writings, photographs, videos, personal information or other material (collectively “Contributions”).
We do not assert any ownership over your Contributions. When you submit Contributions to the Platform, you acknowledge and agree that the Contributions are fully owned by the Customer and the Agreement provides the Customer with control over the Contributions. For example, the Customer can edit and delete Contributions.
7. Policies and Practices
Between us and the Customer, you agree that it is solely the Customer’s responsibility to inform all its Staff Users and Family Users (as may be applicable) of any relevant Customer policies and practices.
To provide a safe space on the Platform, you must comply with our Acceptable Use Policy (as set out below), and any applicable policies or practices established by the Customer and relevant to you as an Authorised User.
8. Acceptable Use Policy
Part of providing a safe space for all Authorised Users on the Platform we have set some rules around the acceptable use of the Platform. We do not accept any misuse of the Platform, so you must follow these rules.
You explicitly agree not to:
- permit any third party to access or use a username or password to access your account on the Platform;
- impersonate another Authorised User or person or use the username of another Authorised User;
- trick, defraud, or mislead any other Authorised Users, especially in any attempt to learn sensitive account information such as Authorised User passwords;
- use, as a Staff User, the Platform to advertise or offer to sell goods and services that are in competition with us or other goods/services that are not related to the business of the Customer, unless otherwise agreed with us;
- use, as a Family User, the Platform to advertise or offer to sell goods or services, unless obtaining permission from the Customer;
- send unsolicited communications, promotions, advertisements or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- share false, inaccurate, or misleading Contributions;
- share Contributions that are obscene, lewd, lascivious, filthy, harassing, libellous, slanderous, advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender, identity, sexual preference, disability, or impairment;
- share Contributions that ridicule, mock, disparage, intimidate, harass, abuse or harm anyone;
- share Contributions that are fraudulent, defamatory, misleading, pornographic, or contain acts of violence;
- violate the privacy rights of others or otherwise infringe the rights of others;
- submit false reports of abuse or misconduct;
- access, search or create accounts for the Platform by any means other than our supported interfaces;
- breach, circumvent, disable, or otherwise interfere with security-related features of the Platform;
- interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform, for example by overloading, flooding, spamming or mail-bombing any part of the Platform;
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, worm or other harmful component that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform;
- attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform;
- reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate or disrupt the features, functionality, integrity or performance of the Platform;
- remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) from the Platform; or
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
9. Monitoring and Reporting Inappropriate Contributions
We do not have an obligation and generally do not monitor the Contributions, but the Customer may do so as it has control over its Customer area on the Platform.
The Customer appoints an Authorised User/Authorised Users with admin rights who can provide other Authorised Users with access etc. (“Admin User”). Any inappropriate Contributions, behaviour or other content must be reported to the Admin User and/or other Staff User as communicated by the Customer on the Platform.
The Admin User can edit or delete Contributions and can deactivate Authorised Users accounts.
11. Term and Termination
15. Governing Law and Jurisdiction
16. Entire Agreement