1. Introduction
These Terms of Use, read together with Toddle’s Terms of Service and Toddle’s Privacy Policy govern your use of our websites at www.web.toddleapp.com, and the Toddle Application (collectively “the Toddle Service”, “the Service” or “Toddle”). By using our services, you agree that you have read, understood and agree by the terms contained in this agreement and you agree to be bound by our Terms of Use (our “Terms”). If you do not unconditionally agree to the Terms contained in this agreement, please refrain from using our services.
2. Declaration from the User
User hereby undertakes that they are qualified to enter into a binding contract with the Service Provider. In case the user is a minor, the user undertakes that their parent or legal guardian has read and agrees to this Agreement.
3. Supply of Services
The Service Provider, hereby, gives you permission to use the Service subject to your compliance with the terms and conditions laid out in this Agreement. The Service Provider reserves the right to change the Terms of this Agreement or the nature of the Service at its sole discretion.
In case of any changes in the terms of this agreement, which may materially affect your rights, the Service Provider will send a notification 15 days before these changes take place. By continuing to use the Service or entitling the Users to continue using the Service after changes are made, the Subscriber is expressing and acknowledging its acceptance of the changes.
4. Terms of Use for Teachers and School Administrators
- You understand that you are accessing the Services on behalf of the Subscriber (your school).
- You understand that COPPA (Child Online Privacy Protection Act; for schools in USA), DPDPA (Digital Personal Data Protection Act; for schools in India), the Privacy Act 1988 and the Australian Privacy Principles (for schools in Australia), and GDPR (General Data Protection Regulation; for schools in the EU/EEA and Switzerland) require parental consent for the collection of personally identifiable information from underage children. As a third party operator, Toddle relies on School Consent for all underage children under COPPA, DPDPA, the Privacy Act 1988, and GDPR. Toddle operates as a School Official under the FERPA regulations and complies with these regulations as it relates to children under the age of 13. If you are a school or teacher and you would like to obtain direct parental consent from the parent, Toddle has provided a consent form which can be downloaded here
- You will use the Services responsibly, and for academic purposes only and will take reasonable steps to ensure that the students in your class also use the Services responsibly.
- You will respect the privacy of the children and only share the class journal content with relevant parents and families.
- You undertake that your school has obtained all necessary permissions to share “Educational Records” (as defined under FERPA) with the Service Provider (for US schools only).
- You undertake that any students that you add to your grade belong to your grade.
- You undertake that you are the owner of or have all required rights, licenses, consents, and permissions to use any copyrighted work, including literary works, visual works, musical works, sound recordings, audiovisual works, or other work or any combination of the foregoing, of any content that you upload on the Service and grant the rights granted herein to the Service Provider.
- You understand that the Subscriber (your school) has executed a Data Processing Agreement (only for schools in EU/EEA and Switzerland) with the Service Provider as per the requirements of GDPR. The Data Processing Agreement states that the Subscriber is the “Controller” of data and the Service Provider is the “Processor” of data as defined in GDPR.
5. Terms of Use for Students
- You must sign up for the Service using the code provided to you by your teacher. You will only use the Services if a code to sign up is provided to you by your teacher.
- If you are under 13 years of age, you must have the consent of your parent or your legal guardian to use the Services. In India, the Digital Personal Data Protection Act, 2023 (DPDPA) mandates obtaining verifiable parental consent if you are under the age of 18. In Australia, the Privacy Act 1988 requires parental consent for children under the age of 18.
- You will use the Services responsibly and respect the rights and privacy of other Users.
- The Service Provider does not encourage you to share your personally identifiable information (name, phone number, email, photos, videos) publicly and advises you to refrain from sharing it publicly.
- You consent to the Service Provider storing and accessing your “Educational Records” (as defined under FERPA).
6. Terms of Use for Parents
- You consent to the usage of the Services provided by the Service Provider by your child. You understand that the Service Provider may collect Personally Identifiable Information of the child for this.
- If your child is below the legal age (13 years in the USA, 18 years in India and Australia), and is using the Service without your consent, please send an email to the Service Provider at privacy@toddleapp.com with relevant details.
- You understand and agree that the Service Provider and or teachers using the Service may send you messages, alerts, and other communications through the Service, including via email, web alert, text messages, and other similar means, in accordance with the preferences you set through the Services, and you agree to accept such messages.
- You consent to the Service Provider storing and accessing the “Educational Records” (as defined under FERPA) of your child.
7. General Terms of Use for all Users
You will not use the Services in a manner that may violate any applicable laws, rules or regulations.
You understand that only teachers, staff members, students and parents who are current members of the Subscriber are allowed access to the Services. You undertake that you will not allow any form of unauthorised access to any personnel that are not affiliated with the Subscriber. You will not transfer or give access of your account to anyone without the written consent of the Service Provider.
You undertake that in case of termination of your association with the Subscriber, you will cease to access the Services through your school’s credentials.
You undertake that you will not help reproduce, duplicate, reverse engineer or otherwise attempt to obtain the source code of any features of the Service without Service Provider’s written consent.
You undertake that you will not share or facilitate unauthorised access to any document or other medium containing Confidential Information or Intellectual Property Rights of the Service Provider.
You undertake to use the Service for personal, non- commercial, academic purposes only.
You understand and agree that under no circumstances will Service Provider be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You warrant, represent and agree that you will not contribute any content or otherwise use the Service in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or other rights of any third party; (ii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iii) jeopardizes the security of your account in any way, such as allowing someone else access to your account or password.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.
You undertake to not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any User.
You undertake to not use any manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Service Provider.
