Terms of Service
Please read the following Terms carefully before registering on this website. Additionally, we invite you to review our Privacy Policy. Those who do not accept these Terms are requested to leave the site immediately.
Recitals
MEYOU S.r.l. is a company operating in the software development sector and, as such, possesses the expertise and capacity to offer quality and reliable services. Babe Planner® is a web service developed by MEYOU S.r.l. dedicated to early childhood facilities (nurseries, schools, and childcare centers, as well as playrooms and baby-parking) that offers a range of features to meet daily communication and organizational needs. Access and use of Babe Planner can take place via Web App (by connecting to https://www.babeplanner.com/) or via App for mobile devices (smartphones and tablets).
Articles
1. Agreement between Client and Company:
- a.
The Agreement between the organization, whether private or corporate, that activates a Babe Planner account, hereinafter referred to as the "Client", and MEYOU S.r.l. or its successors, hereinafter referred to as the "Company", as the Owner of the Babe Planner platform, hereinafter the "Service" or "Babe Planner", is governed by these Terms and Conditions.
- b.
In order to use the Service, the Client must review and accept these Terms. The Client understands and accepts that the use of the Service will be considered as full acceptance of the Terms and Conditions from the moment of first use onwards.
- c.
The Client, if not permitted by Law to use the Service, must refrain from accessing Babe Planner. The Client confirms they are at least 16 years old: this age threshold may be lower from country to country, provided it is not lower than 13 years.
- d.
If these Terms are accepted by a natural person representing a company or entity (legal person), acceptance is valid on behalf of all members of the organization or entity, employees of the company, or its affiliates.
- e.
The Client may contact the Company for any information or request regarding this Agreement at the email address team@babeplanner.com or through the Contact/Support page of the website https://www.babeplanner.com/.
- a.
2. Service Policy:
- a.
Prohibited Content: Content displayed and/or processed through the Service must not include any of the following:
- i.
Content that violates third-party rights (e.g., copyright) in accordance with current regulations;
- ii.
Pornographic, obscene, or excessively profane content;
- iii.
Content promoting hate, violence, or ethnic and racial intolerance;
- iv.
Content intended to initiate hacking or cracking sessions;
- v.
Gambling;
- vi.
Other illegal activities, including without limitation the exportation of controlled substances or illegal software;
- vii.
Drug paraphernalia;
- viii.
Phishing;
- ix.
Malicious or slanderous content;
- x.
Any other material, product, or service that violates or encourages behavior that violates criminal legislation, any other applicable law, or third-party rights.
- i.
- b.
Prohibited Actions: In addition to the violations described in the Terms and Conditions, the Client agrees for themselves and for third parties, including end users of the Service related to the Client (e.g., educators and parents of their organization), not to:
- i.
generate or promote unsolicited commercial emails ("spam"). Such activity includes, but is not limited to:
- 1.
sending emails that violate anti-spam laws in force in the country where the Client resides and operates and in any other country;
- 2.
mimicking or impersonating another person or their email address, or creating false accounts for the purpose of sending spam;
- 3.
data mining for the purpose of finding email addresses or other information relating to user accounts;
- 4.
unauthorized sending of emails through public or third-party servers;
- 5.
sending emails to users who have requested the removal of their address from a mailing list;
- 6.
selling, trading, or distributing email addresses of any person to third parties without their knowledge and consent to disclosure;
- 7.
sending unsolicited emails to a significant number of email addresses of individuals or entities with whom the Client has had no prior relationship;
- 1.
- ii.
send, upload, distribute, or disclose illegal, defamatory, harassing, offensive, fraudulent, obscene, or objectionable Content;
- iii.
intentionally distribute viruses, worms, bugs, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
- iv.
convey or forward chain letters;
- v.
transmit Content harmful to minors;
- vi.
impersonate another person (through the use of an email address or otherwise) or otherwise distort one's identity or the origin of the email;
- vii.
create accounts on behalf of other natural or legal persons without specific authorization;
- viii.
create new accounts if the original account has been suspended;
- ix.
access (or attempt to access) the Service through tools or methods other than the interface provided by the Company (e.g., access via API), unless the Client has been specifically authorized to do so by a separate agreement with the Company;
- x.
illegally transmit the intellectual property of others or other confidential information without the permission of the relative owner or licensor;
- xi.
use the Service to violate the legal rights of others (e.g., right to privacy or publicity);
- xii.
promote or encourage illegal activities;
- xiii.
interfere with or disrupt the Service (or the servers and networks linked to the Service) in any way;
- xiv.
interfere with others' enjoyment of the Service;
- xv.
sell, trade, resell, or otherwise exploit the Service for any unauthorized commercial purpose;
- xvi.
modify, adapt, translate, or reverse engineer any portion of the Service;
- xvii.
remove copyright, trademarks, or other proprietary rights contained in or on the Service;
- xviii.
reformat or frame any portion of the Service;
- xix.
use the Service in connection with illegal peer-to-peer file sharing;
- xx.
display Content in the Service that contains pornographic messages, hate or violence, or materials, products, or services that violate or encourage behavior that violates criminal laws, any other applicable law, or third-party rights;
- xxi.
modify logos or brand features without permission;
- xxii.
use the Service, or the Service interface, to access products or services in a manner that violates the terms and conditions of use of such products or services;
- i.
- c.
Data Retention: The Company will keep all data uploaded to the Client's account stored until the Account Deletion Date. The Account Deletion Date corresponds to:
- i.
the date on which the Client explicitly requests the deletion of the account;
- ii.
90 days following the Agreement Termination Date, which coincides with the last day of the period covered by the last payment made by the Client (for example, if the Client pays for the Service on a quarterly basis, the deletion date is set at 90 days from the last day of the last paid quarter).
- i.
- d.
Data Portability: data entered by the Client into the Service can be exported at any time in a structured, commonly used format before the Agreement Termination Date.
- a.
3. Privacy:
- a.
For all terms regarding the processing of personal data uploaded by the Client to their account, please refer to the Privacy Policy, available at the web page https://www.babeplanner.com/privacy-policy/.
- a.
4. Plans and Service Fee:
- a.
Babe Planner is released as SaaS under the Freemium model. Every new account is activated with a Free Plan and, upon request, the Client may request the conversion of the same to Premium. The Free Plan allows the Client to use the Service for free, but with some restrictions. The Premium Plan, instead, allows the Client to use the Service upon payment of a fee, which depends on the requested modules/features and the relative usage thresholds. The differences between the Free and Premium plans can be found at https://www.babeplanner.com/pricing/.
- b.
With the Premium Plan, the Client must choose the billing frequency of the usage fee (e.g., monthly, quarterly, semi-annually, annually) and the relative payment method (Credit Card, PayPal and, for some countries, Bank Transfer). The Company processes payments and carries out renewal charges for the Service with a Premium Plan in a completely automatic mode and 10 days in advance of the expiration date of the previously paid period (in the case of payment by Bank Transfer, this period is 15 days). This temporal reference is called the Renewal Date and allows the Client, should the charge fail, to regularize their position before the Termination Date (for example, by changing their payment method). Therefore, if the Client intends to switch from a Premium Plan to a Free Plan, or modify the thresholds of their Premium Plan, they must do so before the Renewal Date.
- c.
In the case of switching from a Free Plan to a Premium Plan, the Client has 3 days to provide payment of the fee. After this period, the account is temporarily suspended until payment is received.
- d.
The price list relating to the Premium Plan fee can be consulted within the Service during the Plan modification procedure via the Configurator. The Configurator allows the calculation of the fee amount based on the modules, thresholds, and payment frequency requested. The Company reserves the right to modify the price list at any time, giving written notice to the Client (via email or directly within the Service) and to apply such variations to the Premium Plan already accepted by the Client and to pending payments. Variations to the price list are applied starting from the subsequent renewal of the Service and in any case no earlier than 30 days from the date of communication to the Client.
- e.
Some payment methods may involve minimum charge thresholds; therefore, if the total amount of a certain payment should be less than the minimum charge threshold, it will be increased until it reaches that threshold.
- f.
By confirming the Plan through the Configurator, the Company is authorized to carry out periodic charges according to the chosen payment methods.
- g.
Storage: The Premium Plan includes the payment of a fee for Storage, necessary for storing photos and files (documents). The Storage quota actually used by the Client is calculated by adding the size of each single photo/file, considering a minimum size of 100 kB per photo/file.
- a.
5. Use of the Service:
- a.
Purpose: the Service shall be used solely for the purpose of managing the activities of a nursery / school / childcare facility with one or more locations. The Client's use of the Service must comply with all current laws, regulations, and ordinances.
- b.
Duration: by registering on the Babe Planner site or in its Apps to use the Service, the Client accepts these Terms for the entire duration of use.
- c.
Access: access to the Service is permitted via:
- i.
Web App at https://www.babeplanner.com/;
- ii.
App for Android systems, available for both the Client and the Client's customers (e.g., parents of enrollees), with limited features compared to the Web App;
- iii.
App for iOS systems, available for the Client's customers (e.g., parents of enrollees), with limited features compared to the Web App.
- i.
- d.
Automatic Blocks: the Client is aware that Babe Planner includes automatic mechanisms for verifying the improper use of Free accounts (e.g., in the case of using multiple accounts) and that, in case of violation of these conditions, their Free accounts may be immediately suspended.
- e.
Account: to use the Service, the Client must activate an account. During account creation, the Client will be asked to provide their email address, corresponding to the Username, and to choose a Password (the Username-Password pair is called "Credentials"), which they must keep in a safe place. The Client is solely responsible for the custody of the Credentials they use to access the Service. The Company assumes no responsibility for losses or damages resulting from non-compliance with these recommendations. The Client agrees to provide complete and correct Credentials every time they log in to Babe Planner. The Client is also responsible for any use of their account.
- f.
Types of Users: the Credentials entered during the creation of the Client's Babe Planner account will be associated with an Administrator user who will have full powers within the Service. Through the Administrator user, the Client may create other users of equal or lower level such as: Administrator, Coordinator, Educator, Generic Employee, and Parent/Relative. Each type of user, with the exception of Administrators, has powers limited to certain areas and features of the software. Even users of a lower level than the Administrator can create access accounts to the Service of a level equal to or lower than their own: for example, a Coordinator can create Coordinator, Educator, Generic Employee, and Parent/Relative users, while the Educator can create Educator, Generic Employee, and Parent/Relative users. The creation of new users is subject to the following requirements:
- i.
the user must not be of the Parent/Relative type;
- ii.
the type of user, to create other users, must have access to the Adult Records (Anagrafica Adulti) in the Service.
- i.
- g.
Lost Credentials: if lost, each user's Credentials can be reset by the user themselves following the specific procedure on the login page of the website https://www.babeplanner.com/, provided that the user has entered an email address in Babe Planner and that this has been verified following the specific procedure within the Service. Administrator users, to carry out the first login to Babe Planner, must have previously performed the verification procedure of their email address. Non-Administrator users, in case of loss of credentials without a verified email address, can request a reset of their credentials from users authorized to access the Adult Records of the Service.
- h.
Plan Thresholds: Babe Planner constantly monitors that the quantity/type of data saved by each Client is less than (or equal to) the thresholds provided by the Plan. In case of exceeding these thresholds, the operation of some modules (or the entire account) may be suspended until the Client regularizes their position.
- i.
Premium Plan Change: modifications to the Premium Plan that involve a decrease in threshold values are valid only if the values of the new thresholds are maintained for more than 90 consecutive days. Modifications to the Premium Plan that involve an increase in threshold values will be active only after the Client has provided payment for the increment shown in the Configurator.
- j.
Group Policies: pre-configured user profile types (called Group Policies) are available in the Service. The Client has the right to create other custom Group Policies. Such Group Policies can be associated with different user profiles of the Service.
- k.
Account Deletion: the Client can request account deletion at any time, which also involves the deletion of all data contained therein (including user profiles created through the account), using the specific procedure within the Service.
- a.
6. Proprietary Rights:
- a.
The Client acknowledges and accepts that the Company owns all legal rights, titles, and interests in the Service, including intellectual property rights existing on the Service (whether those rights are registered or not, and wherever in the world those rights exist).
- b.
Unless the Client has agreed otherwise in writing with the Company, no condition gives them the right to use any of the trade names, service marks, logos, domains, and any other distinctive features of Babe Planner.
- c.
Except as provided by section 7, the Company acknowledges and accepts that it obtains no right, title, or interest from the Client (or from their licensor) under these Terms regarding the Content that they create, enter, transmit, or display on or through the Service, including intellectual property rights on such Content (whether those rights are registered or not, and wherever in the world those rights exist). Unless the Client has agreed otherwise in writing with the Company, they agree to be solely responsible for protecting and enforcing the aforementioned rights and that the Company has no responsibility to do so on their behalf.
- a.
7. License from Company and Restrictions:
- a.
The Client may not (and may not permit others to):
- i.
attempt to disable or circumvent the security mechanisms used by the Service and any application;
- ii.
upload to Babe Planner or process in any other way through the software malicious content.
- i.
- b.
Unless the Company has given specific written authorization to do so (for example, through an open source software license), the Client may not assign (or sub-license) their rights to use the Babe Planner software, grant accrued interests from titles on the software, or transfer part of their rights to the use of Babe Planner.
- a.
8. License from the Client:
- a.
The Company claims no ownership or control over the Client's Content. The Client retains copyright and any other rights they already hold over the Content and is responsible for protecting those rights as needed. By uploading, posting, or displaying Content on or through the Service, the Client gives the Company (or its licensors) a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, perform, display, and distribute such Content for the sole purpose of enabling the Company (or its licensors) to provide the Service to the Client in accordance with its Privacy Policy.
- b.
The Client agrees that the Company, at its sole discretion, may use the Client's trade names, service marks, logos, domain names, and any other distinctive brand features in presentations, marketing materials, customer lists, financial reports, and on its website (including links to the Client's site) for advertising purposes or to publicize the Client's use of the Service.
- c.
The Company acknowledges that, in the course of providing the Service or related support, its employees, collaborators, and appointees may have access to the Client's data and information. Unless the Client has specified otherwise in writing, such information must be treated as the Client's property and must not be disclosed to third parties, including unauthorized collaborators of the Client and the Client's customers.
- a.
9. Software Updates and Service Availability:
- a.
The Service used by the Client may automatically download and install updates released periodically by the Company (or its licensors). These updates are designed to improve, enhance, and further develop the Service and may take the form of bug fixes, enhanced features, new software modules, and completely new versions. The Client agrees to receive such updates (and to allow the Company to deliver them) as part of using the Service. It is understood that the Client will have access to such updates only if they fall within the features included in their Plan.
- b.
The Company will use reasonable commercial efforts to keep the Service active and functional at all times. However, the Service may occasionally be unavailable for maintenance. In such cases, the Company will use reasonable commercial efforts to perform Service maintenance during non-working hours. The Company will also endeavor to announce routine maintenance with appropriate notice.
- c.
The Company does not guarantee the Client continuity of the connection to the Service and, therefore, shall not be held liable in any way for any technical malfunction preventing connection to the Service, or individual pages thereof, and/or the use of one or more of its features. The Client acknowledges and declares that they shall have no claim against the Company in case of malfunctions that compromise access to the Service or its correct and complete functionality (e.g., line congestion, impossibility or difficulty of connecting to the Service or its individual pages, total or partial impossibility of using one or more additional services for any reason, etc.). The Company, therefore, invites the Client to utilize the export functions. The Client shall be solely responsible for the telecommunications network and Internet connection services necessary to access and use the Service, and the Company shall not be responsible for any defect related thereto.
- a.
10. Modification and Termination of Service:
- a.
The Company is constantly innovating to provide the best possible experience for its users. The Client acknowledges and accepts that the form and nature of the Service provided by the Company may change periodically without prior notice, as provided in sections 4 and 10.2 of these Terms. Changes to the form and nature of the Service will be effective for all versions of the Service; examples of changes include, without limitation, changes to fee and payment policies, security patches, addition of features, and other improvements.
- b.
The Client is aware and accepts that it is their responsibility and that of their customers to ensure they have the latest available version of the Service, as updates could cause the interruption of some Babe Planner features if the user has a version prior to the latest available one.
- c.
At any time prior to the release of a new version of the Service, the Company may, at its discretion and with a view toward constant innovation, label certain aspects and features of the Service as 'experimental' or 'beta'.
- d.
The Client may stop using the Service at any time. The Company may terminate the Client's use of the Service at any time if:
- i.
the Client has violated any clause of these Terms and Conditions (or their behavior clearly shows they do not intend to or are unable to comply with the provisions of these Terms);
- ii.
the Company is required to do so by law (for example, due to a change in laws governing the provision of the Service);
- iii.
the Service relies on data or services provided by a third-party provider and the relationship with such provider (i) has expired or been terminated or (ii) requires the Company to change the way it provides data or services through the Service;
- iv.
continuing to provide the Service may cause a significant financial burden based on assessments carried out in reasonable good faith by the Company;
- v.
continuing to provide the Service may give rise to a security risk or a technical-material burden based on assessments carried out in reasonable good faith by the Company.
- i.
- e.
If the Company suspends or terminates the Client's use of the Service for just cause, except for the natural suspension of the Service for non-renewal by the Client, the Company agrees to transmit all personal data within the account to the Client within 48 hours. If the Client does not intend to renew the Service (or does not make payment within the established terms), they must independently export the data by the Termination Date.
- f.
The Company reserves the right to delete 'dormant' Free accounts, meaning accounts where no login has been recorded for more than 180 days. Deletion will occur 30 days after the Company informs the Client via email of the imminent deletion. If the Client logs in within 30 days following the Company's first communication, the scheduled deletion will not be carried out.
- g.
Upon termination of the Service as provided in Sections 4 and 10, these Terms and Conditions shall cease, with the exception of Sections 6.a, 11, 12, 13, and 17, which shall continue to be effective even after these Terms have expired.
- a.
11. Exclusion of Warranties:
- a.
Nothing in these terms, including sections 11 and 12, excludes or limits the Company's warranty or liability for losses that cannot be excluded or limited directly by applicable law.
- b.
The Client expressly understands and agrees that the use of the Service is at their sole risk and that the Service is provided 'as is' and 'as available'.
- c.
The Company, its subsidiaries, affiliates, and licensors do not make express warranties and disclaim any implied warranties on the Service, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the general considerations mentioned above, the Company, its subsidiaries, affiliates, and licensors do not represent or warrant to the Client that:
- i.
the use of the Service by the Client meets their requirements;
- ii.
the use of the Service by the Client will be uninterrupted, timely, secure, or error-free;
- iii.
the usage data provided through the Service will be accurate.
- i.
- a.
12. Limitations of Liability:
- a.
Subject to the preceding point 11.a, the Client expressly understands and agrees that the Company, its subsidiaries, affiliates, and licensors shall not be liable to the Client for any direct, indirect, incidental, special, consequential, or exemplary damages incurred by them, regardless of the cause and under any theory of liability. This includes, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, the cost of procurement of substitute goods or services, or other intangible losses.
- b.
The limitations on the Company's liability to the Client, referred to in point 12.a above, apply whether or not the Company has been advised of or should have been aware of the possibility of any such losses arising.
- c.
To the extent permitted by law, the total liability of the Company and its suppliers and distributors for any claim under these terms, including claims for any implied warranties, is limited to the amount paid by the Client to use the Service (or, at the Company's discretion, to a new supply of the Service for an equivalent amount).
- a.
13. Indemnity:
- a.
The Client agrees to indemnify and hold harmless the Company, its subsidiaries, affiliates, its officers, agents, employees, licensors, suppliers, or partners (collectively referred to as 'the Company and Partners') from any third-party legal action arising from or related to:
- i.
violation of these Terms by the Client;
- ii.
use of the Service by the Client and by the Client's customers;
- iii.
violation by the Client of laws, rules, and regulations in force in relation to the Service;
- i.
- b.
Client Content or application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and legal fees, of every kind and nature. In such cases, the Company will provide written notice of such claim or legal action.
- a.
14. Copyright and Trademarks Policy:
- a.
The Client agrees to respect copyrights and trademarks in accordance with applicable law.
- a.
15. Other Content:
- a.
The Service may contain hyperlinks to other sites, content, and resources that are not owned by the Company. The Company has no control over such sites and resources provided by other companies or individuals.
- b.
The Client acknowledges and accepts that the Company is not responsible for the availability of such external sites and resources and does not endorse any advertising, product, or other materials present or available on such sites or resources. Such content is the sole responsibility of the third party making it available.
- c.
The Client acknowledges and accepts that the Company is not responsible for any loss or damage which may be incurred by the Client or Service users as a result of the availability of access to those external sites and resources, or as a result of any reliance placed by them on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such sites or resources.
- d.
The Company may reserve the right to review content to determine whether it is illegal or violates its policy, and may remove or refuse to display content that it reasonably believes violates its policies or the law. This does not necessarily mean that the Company reviews content, nor can it be assumed.
- a.
16. Changes to the Terms:
- a.
The Company may change these Terms and Conditions from time to time. When this happens, the Company will make a new copy of the Terms available in the Service.
- b.
The Client acknowledges and accepts that if they use the Service after the date on which the Terms have changed, the use will be considered by the Company as acceptance of the updated Terms.
- a.
17. General Legal Terms:
- a.
The Terms constitute the entire legally binding contract between the Client and the Company and govern the Client's use of the Service (excluding any services that the Company provides to the Client under separate written agreements) and completely replace any prior agreements between the Parties in relation to the Service.
- b.
There are no third-party beneficiaries to these Terms. The Parties are independent contractors and nothing contained in this agreement creates a partnership, agency, joint venture, association, brokerage, or employment relationship.
- c.
If the Company provides the Client with a translation of the Italian version of these Terms, the Italian version will prevail in case of conflict between it and the translated version.
- d.
The Client is aware and agrees that the Company may send notices and communications, including notifications regarding changes to the Terms, by email, regular mail, or via notice within the Service.
- e.
The Client agrees that if the Company does not exercise or enforce any legal right or remedy contained in the Terms (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company's rights and that those rights or remedies will still be available to the Company.
- f.
The Company is not responsible for failure or delay in the performance of its obligations resulting from causes beyond its reasonable control, including, but not limited to, governmental actions, acts of terrorism, earthquakes, fires, floods or other disasters, labor strikes, power outages, and Internet network failures.
- g.
Applicable Law: The Parties agree that all matters relating to the Service, including all disputes, will be governed by Italian Law without regard to conflict of law provisions. The Parties agree to the personal jurisdiction and venue of the Court of Vicenza and waive any objection to such jurisdiction and venue. Any claim arising under these Terms and Conditions must be raised within 30 days after the end of the event or such claim or cause of action will be forever barred. In the event of any controversy or dispute between the Parties, they will promptly and in good faith attempt to resolve such disputes. All disputes arising from this Agreement or otherwise connected to it, including those relating to its validity, interpretation, efficacy, execution, and termination, shall be submitted to the mediation attempt provided by the mediation service of the Special Agency Made in Vicenza of the Chamber of Commerce of Vicenza, registered under no. 1069 of the register of mediation bodies kept by the Ministry of Justice, in accordance with the relative regulation, which the Parties declare to know and accept in full. The seat of mediation will be in Vicenza at the seat of the mediation body. In case of failed conciliation, the dispute will be resolved by a sole arbitrator, in accordance with the Regulation of the Arbitration Chamber of the C.C.I.A.A. of Vicenza, which the Parties expressly declare to know and accept. The sole arbitrator will decide formally and according to law.
- h.
Consumers residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to resolve out-of-court any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online. Consequently, if the Client is a European consumer, they can use this platform for the resolution of any dispute arising from the online contract entered into with the Company. The platform is available at the following link: http://ec.europa.eu/consumers/odr/. The Company is available to answer any questions sent via email to the email address published in this document.
- a.