1. Acceptance of Terms
Welcome to Kudos4Kids LLC ("we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of the Kudos4Kids house point and student recognition platform (the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
These Terms constitute a legally binding agreement between you (and the school or organization you represent) and Kudos4Kids LLC.
2. Definitions
- "Service": The Kudos4Kids platform, including website, applications, features, and functionality
- "School": The educational institution, district, or organization that subscribes to the Service
- "Administrator": School staff member with full access to manage the Service
- "Staff": Teachers, educators, and school personnel authorized to use the Service
- "Student": K-12 students enrolled in a School using the Service
- "Parent": Parent or legal guardian of a Student
- "User": Any person who accesses or uses the Service
- "Content": All data, information, text, images, and materials on the Service
- "Student Data": Any information relating to Students, including personal and educational records
3. Eligibility and Account Registration
3.1 School Accounts
- Schools must be legitimate educational institutions (K-12 schools, districts, or educational organizations)
- Schools must provide accurate registration information
- Schools must designate at least one Administrator
- Schools are responsible for all activity under their account
3.2 Staff Accounts
- Staff accounts are created by School Administrators
- Staff must be employed by or affiliated with the School
- Staff must be at least 18 years of age
- Staff are responsible for maintaining the confidentiality of their login credentials
3.3 Student Accounts
- Student accounts are created by Schools (not by students directly)
- Students may access the Service as authorized by their School
- Students under 13 require parental consent (obtained by School)
- Student access may be limited based on age and School policies
3.4 Account Security
You agree to:
- Provide accurate, current, and complete information
- Maintain the security of your password and account
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
- Not share your account credentials with others
4. Authorized Use of the Service
4.1 Educational Purpose
The Service is intended solely for educational purposes related to:
- Student recognition and positive behavior management
- House point tracking and competition
- Reward systems and digital kudos coins
- School administration and analytics
4.2 Permitted Uses
Users may:
- Award and track house points for students
- Create and manage reward items in the gift shop
- Generate reports and analytics on student engagement
- Use QR codes for student recognition
- Customize house names, colors, and point values
- Import student/staff data via OneRoster integration
- Use SSO authentication with Google or Microsoft
4.3 Prohibited Uses
Users may NOT:
- Use the Service for any illegal or unauthorized purpose
- Violate any laws, including FERPA, COPPA, or data protection regulations
- Access or attempt to access accounts or data without authorization
- Interfere with or disrupt the Service or servers
- Upload viruses, malware, or malicious code
- Scrape, harvest, or collect data using automated means
- Harass, bully, or threaten other users
- Use student data for commercial purposes or advertising
- Sell, rent, or share access to the Service
- Reverse engineer, decompile, or disassemble the Service
5. School Responsibilities
5.1 Student Data Collection
Schools are responsible for:
- Obtaining all necessary consents for student data collection
- Complying with FERPA, COPPA, and applicable privacy laws
- Ensuring accuracy of student information provided to the Service
- Informing parents about the School's use of Kudos4Kids
- Obtaining parental consent for students under 13 (COPPA requirement)
- Designating Kudos4Kids as a "school official" under FERPA (if applicable)
5.2 User Management
Schools must:
- Verify identity and authorization of all Staff users
- Immediately revoke access for Staff no longer employed by the School
- Monitor Staff use of the Service for compliance with these Terms
- Remove Student records when students transfer or graduate (as appropriate)
- Ensure Students and Parents use the Service appropriately
5.3 Security
Schools must:
- Implement reasonable security measures to protect account access
- Train Staff on proper use of the Service and data protection
- Report any suspected security breaches immediately
- Ensure devices used to access the Service are adequately secured
6. Staff Responsibilities
6.1 Professional Use
Staff agree to:
- Use the Service in accordance with School policies
- Award points fairly and consistently based on positive behaviors
- Maintain student privacy and confidentiality
- Use judgment appropriate for an educational setting
- Report any misuse or concerning behavior to Administrators
6.2 Data Protection
Staff must:
- Access only Student Data necessary for their educational role
- Not share Student Data outside the Service without authorization
- Log out of the Service when using shared devices
- Report any data breaches or unauthorized access immediately
7. Student Responsibilities
7.1 Student Conduct
Students agree to:
- Use the Service appropriately and respectfully
- Not attempt to manipulate or hack the system
- Not share account credentials
- Report any technical issues or inappropriate content
- Follow School rules regarding technology use
8. Subscription and Payment Terms
8.1 Subscription Plans and Fees
Schools must subscribe to a paid plan to use the Service. Our subscription pricing is based on your school’s total student enrollment:
Small School (1-300 students): $499/year
Medium School (301-800 students): $999/year
Large School (801+ students): $1499/year
Pricing is based solely on student enrollment. Free trials may be offered at our discretion.
8.2 Billing and Payment Terms
- Subscription fees are billed annually in advance
- Payment is due within 30 days of the invoice date (Net 30)
- Schools may pay via purchase order or credit card
- Schools receive an invoice upon subscription renewal
- Failure to pay within 30 days may result in suspension or termination of service
8.3 Renewal and Cancellation
- Subscriptions automatically renew annually unless canceled
- Schools may cancel at any time (no refund for partial years)
- 30 days' notice required for cancellation
- Access continues until end of current billing period
- Data export available upon cancellation
8.4 Refund Policy
- Refunds provided only in cases of service failure or billing errors
- No refunds for partial use or early cancellation
- Refund requests must be submitted within 30 days
9. Intellectual Property Rights
9.1 Kudos4Kids IP
The Service and all related content, features, and functionality are owned by Kudos4Kids LLC and protected by copyright, trademark, and other intellectual property laws.
We retain all rights, title, and interest in:
- The Kudos4Kids platform and software
- Our trademarks, logos, and branding
- All original content and materials we create
- Platform design, features, and functionality
9.2 School Content
Schools retain ownership of:
- Student Data and educational records
- Custom reward items and descriptions
- School-specific configurations and content
- Uploaded images and materials
10. Data Use and Privacy
10.1 Privacy Policy
Our collection, use, and protection of data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you also agree to our Privacy Policy.
10.2 Student Data Ownership
- Schools own all Student Data
- We act as a service provider on behalf of Schools
- We use Student Data only for authorized educational purposes
- We do not sell or use Student Data for advertising
10.3 FERPA and COPPA Compliance
- We comply with FERPA as a "school official" under the School Official Exception
- We comply with COPPA for users under 13
- Schools obtain necessary parental consent
- Parents may review and request deletion of student information
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
KUDOS4KIDS LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF PROFITS, DATA, OR USE.
OUR TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE AMOUNT PAID BY THE SCHOOL IN THE 12 MONTHS PRECEDING THE CLAIM.
12. Termination
12.1 Termination by School
Schools may terminate their subscription at any time with 30 days' notice. Upon termination:
- Access continues until end of billing period
- School may export all data
- No refund for remaining subscription period
12.2 Termination by Us
We may suspend or terminate access immediately if:
- School violates these Terms
- Account is used for illegal purposes
- Payment is past due (after 30-day grace period)
- School poses a security risk to the Service
12.3 Effects of Termination
Upon termination:
- All access to the Service ceases
- School has 90 days to export data
- We will delete all School data after 90 days (unless legally required to retain)
- Outstanding fees remain due
13. Dispute Resolution
13.1 Informal Resolution
Before filing a claim, you agree to contact us to attempt informal resolution:
- Email: support@mykudos4kids.com
- Description: Provide detailed description of dispute
- Good Faith: Both parties will attempt resolution in good faith for 60 days
13.2 Arbitration
If informal resolution fails, disputes will be resolved by binding arbitration under the American Arbitration Association (AAA) rules.
ARBITRATION MEANS YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
CLASS ACTION WAIVER: You agree to bring claims only in your individual capacity, not as a class action or representative proceeding.
14. Changes to These Terms
14.1 Notice of Changes
We may update these Terms at any time. We will notify Schools of material changes by:
- Email to Administrator accounts (at least 30 days' notice)
- Prominent notice on the Service
- Updated "Last Updated" date at the top of these Terms
14.2 Acceptance of Changes
Continued use of the Service after changes take effect constitutes acceptance. If you do not agree to changes, you must stop using the Service and may terminate your subscription.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements you've signed with us, constitute the entire agreement between you and Kudos4Kids LLC.
15.2 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.
15.3 Assignment
You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or successor.
16. Acknowledgment
By clicking "I Accept," creating an account, or using the Service, you acknowledge that:
- You have read and understood these Terms
- You agree to be bound by these Terms
- You have authority to bind your School (if applicable)
- You understand our Privacy Policy
- You will comply with all applicable laws
Thank you for choosing Kudos4Kids LLC to support your school's positive behavior management and student recognition programs.