Famly Additional Product Terms

THESE FAMLY ADDITIONAL PRODUCT TERMS (“ADDITIONAL PRODUCT TERMS”) DESCRIBE THE SPECIFIC TERMS THAT APPLY TO CERTAIN FAMLY SERVICES OR FEATURES OFFERED BY FAMLY (EACH, AN “ADDITIONAL PRODUCT”). BY USING AN ADDITIONAL PRODUCT, YOU AGREE THAT THE APPLICABLE ADDITIONAL PRODUCT TERMS GOVERN YOUR USE OF THAT ADDITIONAL PRODUCT. THESE ADDITIONAL PRODUCT TERMS ARE INCORPORATED INTO, AND FORM A PART OF, THE FAMLY TERMS AND CONDITIONS (THE “AGREEMENT”) BETWEEN FAMLY AND THE ENTITY THAT ENTERED INTO THE AGREEMENT (“CUSTOMER” OR “YOU(\R)”) WITH FAMLY.

In the event of a conflict with the Agreement and the Additional Product Terms, the Additional Product Terms will control, to the extent of the conflict. A violation of these Additional Product Terms is a violation of the Agreement. Capitalised terms not defined herein have the meaning given to them in the Agreement.

These English language Additional Product Terms are the binding and controlling version of the Additional Product Terms, taking precedence over and controlling any version of the Additional Product Terms in any other language, whatsoever.

AI Products/Features

Famly offers its customers AI products/features that are powered by large language models (LLM) provided by third party AI companies (“Third Party LLM Provider”) and/or Famly’s proprietary machine learning (“AI Products”). Use of the products/features listed below is governed by the AI Product Terms set out below. Famly reserves the right to update the list of AI Products from time to time.

AI Products

• Sidekick:  Sidekick is an AI-powered technology on the Famly platform that helps staff to communicate better with parents. 
• Live Translation: Live Translation is an AI-powered technology on the Famly platform that enables staff and parents to communicate in and across multiple languages.

AI Product Terms

1. Data Protection

1.1. When using Sidekick, OpenAI acts as a sub-processor of any personal data submitted and provided as an input to Sidekick.

1. By using Sidekick, you approve the appointment of OpenAI as a sub-processor, as outlined in Section 6 of the Famly Data Processing Agreement.
2. Under no circumstances is the Customer, or its Staff Users, allowed to insert sensitive personal data in inputs submitted to Sidekick. The Customer is responsible for ensuring its compliance and making all Staff Users aware of this obligation. 
3. Personal data submitted and provided as an input to Sidekick will be processed by OpenAI in the United States. 
4. Further information on processing and retention can be found in the Famly Data Processing Agreement.

1.2. When using Live Translation, Google Cloud EMEA Limited (“Google EMEA”) acts as a sub-processor of any personal data translated by Live Translation.

1. By having the Live Translation feature enabled, you approve the appointment of Google EMEA as an authorised sub-processor, as outlined in Section 6 of the Famly Data Processing Agreement.
2. Google EMEA processes any personal data translated by Live Translate in the EU region.
3. Further information on processing and Retention can be found in the Famly Data Processing Agreement.

2. Input and Output

2.1. All texts, information and data, including personal data, submitted to the AI Products by the Customer (“Input”) and results generated by the AI Products based on the Input (“Output”) are deemed Customer Data under the Agreement and subject to the rights, restrictions and obligations applicable thereto. 

2.2. Due to the nature of machine learning Output may not be unique across users and AI Products may generate the same or similar output. Responses that are requested by and generated for other users are not considered the Customer’s Output. The Customer acknowledges that it has no right, title, or interests in such third-party results. 

2.3. The Customer permits Famly, Third Party LLM Providers, and other relevant sub-processors to use Inputs and Outputs as necessary to provide the AI Products. 

2.4. Neither Inputs nor Outputs will be shared publicly by Famly, nor by any Third Party LLM Provider.

2.5. Inputs and Outputs are not shared with any third party except as permitted by the Famly Data Processing Agreement.

2.6. Third Party LLM Providers will not use the Input or the Output for its own purposes to develop, improve or train their AI models and/or machine learning.

3. Accuracy

3.1. Artificial intelligence and machine learning are rapidly evolving fields of study. Use of the AI Products may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. 

3.2. The Customer is responsible for evaluating the accuracy of Output generated by the AI Products as appropriate for its use case by using humans to review all Output generated by the AI Products. Famly makes no representations or warranties and provides no indemnities with respect to Outputs.

4. Rights to Use

4.1. The Customer permits Third Party LLM Provider to use Inputs and Outputs or other information entered into the Famly Platform and  submitted to an AI Product as necessary to provide and maintain the AI Product, comply with applicable Laws, and enforce its respective policies. Notwithstanding the foregoing, Famly contractually restricts Third Party LLM Provider from using Customer Data for training or otherwise improving Third Party LLM Provider's services for general use.

5. Restriction on Use

5.1. In addition to any general obligations and restrictions applicable to the Customer’s use of the Famly Platform under the Agreement, the Customer represents and warrants that:

1. the Customer’s use of the AI Products will not breach or violate the Third Party LLM Providers policies, available here:
   1. For OpenAI: Usage Policies (located at: https://openai.com/policies/usage-policies) and Sharing and Publication Policy (located at: https://openai.com/policies/sharing-publication-policy)
2. the Customer will not, nor permit others, to: (i) use the AI Products to develop any models that compete with Famly or Third Party LLMs or (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of AI Products (except to the extent such restrictions are contrary to applicable law); (iii) use any method to extract data from AI Products, including web scraping, web harvesting, or web data extraction; (iv) represent that Output was human-generated when it is not; (v) attempt to bypass or circumvent any limitations on access or use of AI Products.

5.2. The Customer is fully responsible for use of AI Products by any Authorised Users as if performed by the Customer. 

6. Usage Limits and Availability

6.1. The Customer agrees to comply with any rate limits imposed by Famly. Famly reserves the right to monitor and potentially restrict or suspend the Customer’s usage of AI Products if Famly deems that such usage could compromise the security, functionality, or overall integrity of the services.

6.2. No service level agreement with Famly applies to AI Products. 

7. Feedback

7.1. Famly can use any feedback provided by the Customer in accordance with the Agreement. Feedback may include personal data forming part of Input and/or Output and is retained by Famly for 30 days. 

8. Term and termination

8.1. The Customer may terminate this AI Products Section of the Additional Product Terms at any time for any reason by opting out of the relevant AI Product.

8.2. Famly may terminate this AI Products Section of the Terms and/or discontinue offering the AI Product services at any time for any reason, without liability to the Customer, by providing a 14-day notice.  

8.3. For the avoidance of doubt, no refund will be offered on any paid-out fees. 

In-App Payments

Famly’s In-App Payments Feature (the “Payment Processing Feature”) – is a payments solution that allows Customers to collect, report, and manage their payments in-app.

1. Definitions

• “Activity” means any actions submitted by the Customer or by Famly on the Customer’s behalf using the Payment Processing Feature Services, including the communication of information about Transactions (including charges) and refunds, adjustments, the handling of disputes (including chargebacks), and Connected Account Data; 
• “Connected Account” means Famly’s Customer using Payment Processing Feature;
• “Connected Account Data” means data about the Connected Account, the Activity and Transactions, which may include personal data;
• ”Payment Processing Feature Services” means the Payment Processing Feature services provided under this Payment Processing Feature Agreement as set out in clause 2 below; 
• “Famly Terms and Conditions” means the standard terms and conditions applicable to the Customer, such as https://www.famly.co/us/terms/terms-conditions, or other terms specifically agreed between the parties (if applicable);
• “Payout Account” means the Customer’s Stripe account which holds the balance of funds paid to the Customer from its end-users (its own customers) and will be automatically transferred to the Customers bank account;  
• ”Transactions” means a payment method transaction request initiated via the Stripe Technology through which Stripe is directed to capture funds for or from a payer’s associated account with respect to a payment from an end-user to the Customer, and includes the authorisation, settlement and if applicable, disputes, refunds and reversals with respect to that payment method transaction request;
• “Stripe” means the Stripe entity processing the data of the Customer. It is generally Stripe Payments Europe Ltd., unless the Customer is located in the United States. If the Customer is located in the United States, it is Stripe Inc. 

2. Scope of the Payment Processing Feature Services

2.1. The Payment Processing Feature Services are additional services which can be added to the Famly Platform services by the Customer enabling the Payment Processing Feature on the Famly Platform.

2.2. The Payment Processing Feature Services are payment processing services which allow the Customer to offer its end-users (parents, guardians etc, i.e. its customers) to make payments for services or goods within the Famly Platform by using debit cards, credit cards or direct debit setups, and the services allow the Customer to receive such payments and reconcile its accounts automatically. 

2.3. Where the Payment Processing Feature interface does not offer the Customer to submit documentation for disputes it has with its end-user (its own customers), Famly will, upon request, assist with forwarding the documents to Stripe on behalf of the Customer.

2.4. Famly may offer the Customer physical cards as part of the Payment Processing Feature Services at the cost of additional fees.  

2.5. The Customer acknowledges that by using the Payment Processing Feature Services, the business name Famly will appear on all card and bank statements. 

3. Relationship with Stripe

3.1. Famly provides the Payment Processing Feature Services by integrating the Stripe payment processing services into the Famly Platform. The Payment Processing Feature Services are provided by Famly via Stripe and are subject to the Stripe Connected Platform Agreement, which includes the Stripe Service Agreement. 

3.2. By accepting this Payment Processing Feature Agreement or continuing to use Payment Processing Feature, the Customer agrees to be bound by the Stripe Services Agreement and the Stripe Connected Account Agreement (as amended by Stripe from time to time), collectively referred to as the “Stripe Terms”. 

4. Representation and Warranty; Customer’s responsibilities

4.1. The Customer confirms, represents, and warrants that all of the information that is provided by it to Famly directly or through the Famly Platform is accurate and complete, and that the Customer representative is authorised to agree to these Additional Product Terms.

4.2. The Payment Processing Feature Services are intended to facilitate payment processing for services or goods provided by the Customer to its end users (its own customers). The Customer expressly acknowledges that it has a direct relationship with its end-users (its own customers). The Customer is solely responsible for creating terms and conditions associated with the sale and supply of its services and products to its end-users (its own customers). Furthermore, the Customer is solely responsible for, and Famly expressly disclaims all liability for, its compliance with applicable laws and obligations related to its provision of the services or goods to its end-users (its own customers). This may include, but is not limited to, providing customer service, notification and handling of refunds or consumer complaints, provision of receipts and handling of disputes (except as otherwise stated in this part of the Additional Product Terms)

4.3. The Customer is financially liable to Famly for the full amount of all disputes (including chargebacks and any fees related to disputes), refunds, fees related to failed payments, any network cost related fees imposed by financial services intermediaries and fines that arise from its’ use of the Payment Processing Feature Services. Famly is entitled to deduct and/or collect the funds as set out in section 6 below. 

5. Processing of Connected Account Data and other personal data

5.1. To provide the Customer with the Payment Processing Feature Services, Famly must access, use and process Connected Account Data, which includes Activity data, Transactions data and certain personal data connected with such data. By accepting this part of the Additional Product Terms, the Customer authorises Famly to process such data and agrees for Stripe to become an Authorised Sub-Processor (as set out in the Famly Data Processing Agreement), and that data may be shared with Stripe in accordance with the Famly Data Processing Agreement. 

5.2. Famly will process and share Connected Account Data and certain additional personal data obtained from the payer’s profile on the Famly Platform to identify the payer, in order for Stripe to perform the requested payment transaction. This is further clarified in the Famly Data Processing Agreement. Famly will not process full debit/credit card numbers or full bank account information, such processing is solely conducted by Stripe. Stripe processing activities are in accordance with the Stripe Privacy Policy and Stripe Data Processing Agreement.  

5.3. If the Customer specifically requests Famly to assist it with submitting documentation to Stripe on its behalf in relation to disputes, Famly may process data, including personal data, forming part of such documentation for the sole purpose of submitting it to Stripe.  

5.4. Processing of personal data under this part of the Additional Product Terms is subject to the Famly Data Processing Agreement, which forms part of the Famly Terms and Conditions. 

6. Fees and Customer Payout Account

6.1. The Customer must pay a fee per usage for the Payment Processing Feature Services as per the pricing set out in the Famly Platform. The fees are automatically deducted before the funds are paid out to the Customer's Payout Account. On a monthly basis, the Customer receives an invoice/overview of total fees paid in the previous month together with the total amounts the Customer charged its own customers.

6.2. Famly may at its sole discretion and at any time change the fees for the Payment Processing Feature Services, provided a written notification (including e-mails) is sent to the Customer no later than 1 month prior to the new pricing taking effect.

6.3. Famly has the right to deduct from the Customer’s Payout Account:

1. funds equivalent to refunds made to end-users (the Customer's customer) or chargebacks when the Customer has lost or fails, for whatever reason, to properly lodge a dispute;
2. fees charged by Stripe to Famly when the end-user (the Customer’s customer) has disputed a payment or such a payment has failed;
3. fees owed to Famly for the use of the Famly Platform services, provided that Famly has given a late payment notification as per the Famly Terms and Conditions.

6.4. In the event of a negative balance on the Customer Payout Account, rendering it impossible to deduct funds as per clause 6.3 a) and b), Famly will seek alternative ways to collect the funds. 

7. Termination

7.1. The term of this part of the Additional Product Terms will begin when the Customer accepts this Payment Processing Feature Agreement on the Famly Platform and will end when terminated by either the Customer or by Famly, as described in this Payment Processing Feature Agreement. 

7.2. The Customer may terminate this Payment Processing Feature Agreement at any time by disabling the Payment Processing Feature Services in the Famly Platform. If the customer experiences problems with disabling the services, the Customer can reach out to Famly’s support team on support@famly.co. Should the Customer decide to enable the Payment Processing Feature Services again, it must accept this Payment Processing Feature Agreement again and complete the onboarding process again. 

7.3. Famly may terminate this Payment Processing Feature Agreement as per its termination rights under the Famly Terms and Conditions. Famly may furthermore terminate this Payment Processing Feature Agreement if the Customer is the subject of any voluntary or involuntary bankruptcy or insolvency petition or proceedings, or if Famly determines that the Customer is engaged in activity that is deceptive, abusive or otherwise fails to comply with applicable law, or causes a significant risk of reputational harm to Famly.  

7.4. Termination of this Payment Processing Feature Agreement does not trigger termination of the Famly Terms and Conditions in regard to the Famly Platform services and any other additional services. However, termination of the Famly Platform services subject to the Famly Terms and Conditions will cause this Payment Processing Feature Agreement to automatically terminate.

8. Disclaimer of Warranties; Limitations on Famly’s Liability

8.1. To the maximum extent permitted by law, except as expressly provided in this Payment Processing Feature Agreement, the Payment Processing Feature Services are provided on an “as is”, “as available” basis, without any warranties, express, implied, or statutory. Provisions on disclaimer of warranties set out in the Famly Terms and Conditions apply to the Payment Processing Feature Services.

8.2. Section on Liability and Limitation of Liabilities set out in the Famly Terms and Conditions applies to this Payment Processing Feature Agreement unless otherwise stated in this Payment Processing Feature Agreement.  

8.3. Famly is not responsible for, and disclaims all liability arising from or relating to (i) the Customer’s obligations to its end-users (its own customers), including to properly describe and deliver the goods or services being sold to its end-users (its own customers), (ii) the Customer’s compliance with applicable laws and obligations related to its provision of the services or goods to its end-user (its own customers), or (iii) providing customer service, notification, receipts, handling of refunds, consumer complaints, register the Customer’s legal entity or other actions not related to the Payment Processing Feature Services. 

8.4. Famly is not liable for any lost profits, or any indirect punitive, incidental, special, consequential, or exemplary damages arising out of, in connection with or relating to the Payment Processing Feature Services, including the use of, inability to use, or unavailability of the Payment Processing Feature Services. 

8.5. Without limiting the above provisions in this section 8, Famly’s cumulative liability to the Customer in connection with the Payment Processing Feature Services will be limited to direct damages and subject to the liability cap in the Famly Terms and Conditions. 

9. Indemnity

9.1. The Customer agrees to defend, indemnify and hold harmless Famly from and against any claim, suit, demand, loss, liability, damage, action or proceedings arising out of or relating to (i) any disputes between the Customer and its end-users (its own customers) or (ii) the Customer’s use of the Payment Processing Feature Services in a manner that is illegal or inconsistent with this Payment Processing Feature Agreement, or (iii) the Customer’s failure to properly describe or deliver services or goods, or comply with its legal or contractual obligations to its end-user (its own customers). 

10. Unauthorised Activity

10.1. The Customer shall not engage in any fraudulent, unlawful, deceptive or abusive activity. Any such activity can lead to termination of the Payment Processing Feature Services.

10.2. The Customer shall not violate this Payment Processing Feature Agreement, the Stripe Terms, the Stripe Restricted Business List, or Stripe’s Underwriting Policies.

11. Notice Obligations

11.1. Famly may be responsible for promptly informing the Customer of updated Stripe Terms if communicated and instructed by Stripe. 

11.2. Stripe may have an obligation to provide certain notices of forms, such as tax invoices, to Connected Accounts. The Customer authorises Famly to receive such notices on its behalf, provided that Famly promptly makes such notices and forms available to its Customers (the Connected Accounts in question) in a manner consistent with applicable law.

12. Relationship to Other Agreement

12.1. Nothing in this Payment Processing Feature Agreement alters the Famly Terms and Conditions. 

Activity Library

The Activity Library is a place for educators to view and submit great early years activities. Educators can either keep their activities private, or share them with other settings around the globe.

1. Definitions

• “Activity Library” means an area in the Platform where all Activities can be found, both Private Activities and Public Activities. 
• “Activity” or “Activities” refers to a learning or development activity created and made available on the Platform that usually includes a description of how to do the activity and a list of the required materials.
• “Platform” means the early childhood software services provided by Famly with features subject to the chosen subscription package as described in the Famly Offer (Famly Offer is defined in the Famly Terms and Conditions applicable to the Customer).
• “Private Activity” refers to an Activity that is only available to the customer who created the Activity or the group the customer belongs to (i.e. the organisation). 
• “Public Activity” refers to an Activity that is shared in the Activity Library with all other customers using the Platform in the same country or region as the customer who created the Activity.

2. Customer Obligations

2.1. When creating Activities on the Platform, the Customer must:

1. ensure that it has obtained prior permissions from all parties involved to be able to use the pictures, videos, or any other type of content that they upload. Including, but not limited to parental consent if pictures include children with identifiable features and permission to use material subject to copyright or other proprietary right;
2. use a respectful tone and not use profanities when writing and publishing Activities;
3. ensure that no language or content is used that devalues or discriminates against any person or group with respect to religion, ethnicity, nationality, race, color, ancestry, gender or other identity factors, and;
4. apply with all applicable law, including but not limited to the applicable data protection laws and laws on intellectual property.

2.1. Famly reserves the right to amend and/or remove the content of the Activity if the Customer fails to comply with the above.

3. Property Rights

3.1. Private Activities. The Customer has ownership of Private Activities it creates and can share it internally within the Customer’s setting or group. The Private Activity can be deleted any time after publishing, and thus removed from the Activity Library. 

3.2. Public Activities. If the Customer creates and uploads a Public Activity, it grants Famly an unlimited, sub-licensable, royalty-free license to host, distribute, use, modify, run, copy, publicly display, translate, and create derivative works of that Public Activity. The Customer acknowledges and agrees that Famly may allow other customers of Famly to use the Public Activities in accordance with these terms. Once a Public Activity has been published it cannot be deleted from other customers of Famly who have started using that Public Activity. The Customer can only remove the Activity from its own Activity Library. Therefore, it is very important that the Customer obtains the applicable permission and consents from all the participating parties before uploading and publishing a Public Activity.

4. Usage of Public Activities

4.1. The Customer is granted a royalty-free license to use, publish, copy or distribute Public Activities made available to it in the Activity Library in connection with the operation of the Customer setting or group. Public Activities may only be used and shared outside the Platform if a credit is given to both the author of the Public Activity and Famly. Credit must be given in the following format:

Activity Credit [Name of author] & famly.co

4.2. In all cases, credit attributions should be of such colour, size, and prominence so as to be clearly and easily readable by the unaided eye.

5. Support

5.1. Reporting of bugs and operational issues can be addressed to the Famly Customer Support.

5.2. Support is available as per the Famly Terms and Conditions

5.3. Further information around the Activity Library can be found on the Famly Help Center.

6. Liability and Responsibility

6.1. Famly is not responsible or liable for any Activities that are created and/or uploaded by the Customer, including but not limited to any text, videos, or images uploaded. The Customer is solely responsible and liable for any and all Activities created and/or uploaded. 

SMS Notifications to Parents

SMS Notifications to Parents (the “SMS Notification Service”) allow Famly Customers to send priority messages, such as notifications in case of emergency, urgent messages to parents, or important newsfeed posts (collectively “Communications”), by SMS message to parents. 

1. Definitions

• “Twilio” shall mean Twilio Ireland Limited, a corporation organised and existing according to the laws of Ireland, and all affiliates thereof.

2. Data Protection

2.1. When using the SMS Notification Service, Twilio acts as a sub-processor of any personal data submitted and sent using the “send as SMS” option.

1. Once the SMS Notification Service enabled, Twilio is an approved sub-processor, as outlined in Section 6 of the Famly Data Processing Agreement.
2. The Customer is required to seek consent from Parents prior to using the SMS Notification Service.
3. Personal data sent using the SMS Notification Service will be processed by Twilio in the United States. 
4. Twilio is subject to Binding Corporate Rules approved by an EU Data protection Authority. This means that they have to follow the GDPR with respect to third-party customer data, globally.
5. Further information on processing and retention can be found in the Famly Data Processing Agreement.

3. Customer Obligations

3.1. The Customer is required to obtain the consent of Parents to process the Data prior to using the SMS Notification Service. The service is deemed to be used once the Customer checks the “Send as SMS” box next to any place against which it appears on the Famly Platform.

4. Indemnification

4.1. To the fullest extent permissible by law, the Customer shall indemnify Famly, its affiliates, directors, owners, officers agents, employees and assigns against any damages, including but not limited to fines, penalties, damages awarded whether against tort, contract or any other theory of damages, fees (including reasonable attorney’s fees), and any costs arising out of any third-party claim arising from the use, non-use, or non-functioning of the SMS Notification System. 

5. Limitation of Liability

5.1. To the fullest extent permitted by applicable law, Famly will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (i) your access to, use of, or inability to access or use the Service; (ii) any conduct or content of any third party using the Service.

6. Disclaimer of Warranties

6.1. THE SERVICE IS PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOEVER. FAMLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FAMLY MAKES NO WARRANTIES THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT ANY COMMUNICATIONS SENT THROUGH THE SERVICE WILL BE DELIVERED.

6.2. Delivery and Reliability. Famly makes no warranty regarding the timeliness, reliability, delivery, or acknowledgment of any Communications sent through the Service. Transmission of data may fail or be delayed due to factors beyond Famly’s reasonable control including but not limited to network failures, provider issues, or recipient device issues.

6.3. Content and Use at Your Own Risk: You are responsible for the content of the Communications sent through the Service and assume all risks associated with their use. Famly shall not be held liable for any claims, damages, losses, or liabilities arising from the content transmitted using the Service or the failure of any Communications to achieve a specific outcome.

6.4. No Service Level Warranty. Unless otherwise stated in the Agreement, Famly makes no warranties as to completeness, functionality, uptime levels, or other service levels with regard to the SMS Notifications Service. 

‍7. Jurisdictional Limitations

7.1. Should any part or parts of the directly preceding Sections 4, 5, and/or 6 be rendered void or inapplicable by statute, regulation, court order or any other binding rule or order, the part(s) not voided shall continue to exist, and the remainder shall be interpreted to afford the greatest permissible indemnification to Famly by the Customer according to Section 4.1, and the broadest possible exclusion/limitation of liability under Section 5.1. In addition, any and all warranties as set out in Section 6 not jurisdictionally barred shall continue to exist, notwithstanding the voiding of such jurisdictionally barred warranties, and shall be interpreted to the greatest permissible benefit of Famly.

7.2. In particular, some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you to the extent prohibited by law.

8. Service Alterations

8.1. Famly may at its sole discretion modify, suspend, or discontinue the Service, in whole or in part, at any time. Famly will not be liable for any modification, suspension, or discontinuation of the Service or any part thereof.

Village (UK Only)

Village is a community built for educators to connect, share resources, join groups, find events, and get updates on anything new at Famly. 

And it’s not limited to your area - it’s across the whole of the UK.

We want to connect you all as much as possible, as we’re all working towards exactly the same goal: helping children thrive. This way you can connect and share tips instantly - even if one of you is in Shetland and the other is in Cornwall.

1. Definitions

1.1. “Village” means the online community provided by Famly and accessible through the Famly Platform.

2. Customer Obligations

2.1. When using Village, the Customer and Customer’s employees must:

1. Ensure that it has obtained prior permissions from all parties involved to be able to use the pictures, videos, or any other type of content that they upload. Including, but not limited to parental consent if pictures include children with identifiable features and permission to use material subject to copyright or other proprietary right;

2. Use a respectful tone and not use profanities when writing and publishing to Village;
3. Ensure that no language or content is used that devalues or discriminates against any person or group with respect to religion, ethnicity, nationality, race, color, ancestry, gender or other identity factors; 
4. Refrain from sharing harmful, illegal, or dangerous content, including but not limited to CSAM, hate speech, terrorist threats, and libellous/slanderous or other defamatory content; 
5. Not use Village for the purposes of advertising goods or services;
6. Not share any content whatsoever that could cause damage to Famly’s brand, and;
7. Apply with all applicable law, including but not limited to the applicable data protection laws and laws on intellectual property.

2.2. Famly reserves the right to amend and/or remove the content published to Village and deny further access to Village if the Customer fails to comply with the above. Any action taken by Famly with respect to this Section 2 will not constitute waiver of Famly’s right to seek redress for the relevant action by Customer, against any theory of damages, including but not limited to tort and contract law, and to report incidents to the relevant authorities.

1. Should the Customer breach this Section 2, Customer shall fully indemnify and hold harmless Famly, including all affiliates, officer, directors, employees, contractors and other associated persons against any third-party claim for damages arising from the Customer’s actions. In case the Customer’s breach reaches the standard of criminal behaviour, the Customer shall be entirely responsible and liable for any penalties, fees, and sanctions arising from such behaviour, including but not limited to attorney’s fees.

3. Usage of Village Content

3.1. The Customer should under no circumstances use content shared on Village outside of Village without first seeking the permission of the person posting such content to Village. Famly is not liable for any breach of copyright or other Intellectual Property Rights should the Customer not seek such permission in advance of their using the content.

3.2. In all cases, credit attributions should be of such colour, size, and prominence so as to be clearly and easily readable by the unaided eye.

4. Support

4.1. Reporting of bugs and operational issues can be addressed to the Famly Customer Support team.

4.2. Support is available as per the Famly Terms and Conditions

5. Liability and Responsibility

5.1. Famly is not responsible or liable for any content that is created and/or uploaded by the Customer, including but not limited to any text, videos, or images uploaded. The Customer is solely responsible and liable for any and all content created and/or uploaded. 

6. Data Processing

6.1. By using Village, the Customer agrees to the following.

6.2. Customer Data shared by Customers and Customer Employees on Village is processed by CircleCo, Inc., a company in the United States of America. 

6.3. The data shared with CircleCo, Inc. by Famly is the full name and email address of users, and any information that users themselves type into Village. The Customer agrees that CircleCo, Inc. is an approved subprocessor for the data sent by Famly to CircleCo, Inc., as per Section 6.3 of the Famly Data Processing Agreement.

6.4. The data is only shared with the consent of the Customer, and is necessary for the operation of Village.

6.5. The data sent to CircleCo, Inc. will be processed in the United States of America, subject to an adequate transfer mechanism, as described in the Famly Data Processing Agreement.

6.6. Users should not share any sensitive or identifying information of children or parents, or other third parties, in Village.

7. Service Alterations

7.1. Famly may at its sole discretion modify, suspend, or discontinue Village, in whole or in part, at any time. Famly will not be held liable for any claim of damages arising from the modification, suspension, or discontinuation of Village or any part thereof.

‍