Acceptance of These Terms
By creating an account or using KinderPath or KinderPath Pro, you agree to these Terms of Service.
If you are using KinderPath on behalf of a school, center, or program, you agree to these Terms on behalf of that organization and confirm that you are authorized to do so.
If you do not agree, please do not use the services.
You must be at least 18 years old to create a KinderPath account.
Children do not create, manage, or independently sign in to KinderPath accounts. Information about a child is entered by a parent, guardian, or authorized educator.
Which Agreement Applies
KinderPath may be governed by more than one document depending on how you use it:
- These Terms of Service apply to everyone using KinderPath or KinderPath Pro.
- The KinderPath Pro School Agreement applies to schools, centers, and programs using KinderPath Pro, and governs the school relationship.
- The KinderPath Pro Data Processing Addendum applies where a school has entered into one, and governs the processing of student information.
Where these documents conflict, the order of precedence is: (1) the Data Processing Addendum, as to the processing of student information; (2) the School Agreement; (3) these Terms. Any separately negotiated written agreement signed by both parties governs over all three to the extent it expressly conflicts.
Our Services
KinderPath offers two connected experiences:
- KinderPath — for families supporting early learning at home.
- KinderPath Pro — for educators, schools, centers, and early learning programs.
KinderPath is actively developed. Features, content, and functionality may change, expand, or be discontinued over time. Where a change materially reduces functionality a school is paying for, we will give notice before it takes effect.
Third-party links and resources. KinderPath may link to websites and resources run by others, such as the video, book, and scheduling sites referred to in Instructional Resources. KinderPath does not control those sites and does not guarantee their content, availability, or terms of use. When you follow a link that leaves KinderPath, we will tell you that you are leaving. You use third-party sites at your own risk and should review their terms yourself. A link is not an endorsement.
Accounts
If you use KinderPath, you are responsible for:
- Providing accurate account information
- Protecting your login credentials
- Maintaining appropriate account security
- Using your account only as authorized
Schools are responsible for assigning appropriate access to authorized staff and for removing access when it is no longer needed.
Multi-factor authentication is required for School Administrator accounts. It is available to all users, and a school may require it of its own staff.
Educational Purpose
KinderPath provides educational guidance, assessment tools, instructional resources, progress information, and related services.
Assessments in KinderPath are educational and instructional tools, not diagnostic instruments.
KinderPath does not provide:
- Medical advice
- Psychological diagnosis
- Developmental diagnosis
- Special education eligibility determination
- A substitute for professional clinical evaluation
If you have concerns about a child’s development, please consult a qualified professional.
Artificial Intelligence Features
Some KinderPath Pro features use a third-party artificial intelligence service to help draft narrative summaries, suggest instructional groupings, and recommend teaching resources.
Before any text is sent to the AI service, KinderPath removes the names of children and staff on record at the school. Teachers are asked not to include other personal names in notes. Photographs and audio are never sent.
KinderPath sends a placeholder and inserts the child’s name afterward, within its own systems. School and classroom names, dates of birth, student identification numbers, and the names of other children are removed before submission. Section 5 of our Privacy Policy describes this in full.
AI-generated text is a drafting aid.
Educators must review and may edit any generated summary before approving or sharing it. KinderPath does not make automated determinations about a child’s placement, grouping, eligibility, or evaluation. Every instructional decision remains the educator’s.
You must not
enter additional student-identifying information into a free text field beyond what the feature requires, or submit student information to any AI service other than through functionality KinderPath provides.
User Responsibilities
When using KinderPath, you must not:
- Access records you are not authorized to access
- Share or use another person's login credentials
- Upload unlawful or harmful content
- Upload content you do not have the authority to use
- Attempt to bypass platform security or access controls
- Interfere with the operation of the platform
- Use the service for fraudulent purposes
- Use automated means to extract data from the platform beyond the export functionality we provide
- Copy, resell, or make the service available to anyone outside your school or household
- Use KinderPath for anything other than its intended purpose, as described in section 5 (Educational Purpose)
School and Student Data
Where KinderPath Pro is used by a school, center, or program, that organization is responsible for confirming that it has the authority to provide student information to KinderPath, that it has obtained any parental notice or consent required by applicable law, and that the person accepting these Terms is authorized to do so on its behalf.
KinderPath provides the technical platform. We do not determine an institution’s legal obligations regarding student records.
Schools own their student records.
KinderPath does not claim ownership of student educational records and does not use them for any purpose beyond providing the service.
How student information is handled — including retention, export, deletion, and security — is described in our Privacy Policy and, where one is in place, in the Data Processing Addendum.
Subscriptions and Billing
For paid plans:
- Charges are currently processed through Stripe. KinderPath may change how payments are processed, including by changing payment processors.
- Billing may be monthly or annual depending on the plan selected.
- Plans may renew automatically where that is configured for the plan.
- Payment details can be managed through the billing controls in your account or school settings.
- A failed payment may result in a past-due status and, over time, changes to access.
Applicable cancellation, renewal, and refund terms are shown at the time of purchase and in our Refund Policy.
Billing questions: billing@mykinderpath.com
School Licensing
KinderPath Pro licenses are based on school use and student capacity. Plan capacity and pricing are shown during purchase and may vary by plan.
Multi-site organizations and districts may be covered by separate agreements. For those inquiries, contact schools@mykinderpath.com.
Intellectual Property
KinderPath branding, curriculum, lesson content, software, designs, and original materials are the intellectual property of KinderPath or its licensors. Your subscription or account grants permission to use the service for its intended purpose. It does not transfer ownership of the platform or its underlying content.
Your Content
You retain the rights you hold in content you are authorized to upload, such as student evidence, photographs, notes, and school records.
By uploading content, you grant KinderPath the permission necessary to store, process, and display that content in order to provide the service to you and your authorized users. That permission is limited to operating the service and ends when the content is deleted.
KinderPath does not claim ownership of uploaded student photographs, audio, observations, or school records.
Permissions. If you use KinderPath for a school, center, or program, you are responsible for having every permission needed to use it, including any permission required from parents or guardians for you to enter a child’s information, upload photographs or other content, and have KinderPath store and process that information to provide the service to you.
Service Availability
KinderPath may experience scheduled or unscheduled maintenance, updates and deployments, technical interruptions, and changes in functionality.
We work to keep the service available and reliable, but we do not guarantee uninterrupted availability.
Indemnification
You agree to indemnify and hold KinderPath harmless from claims, losses, and reasonable costs arising from:
- Your use of the service in breach of these Terms
- Content you upload that you did not have the authority to use
- Your failure to obtain any parental notice or consent required by applicable law before providing student information to KinderPath
This does not apply to the extent a claim arises from KinderPath’s own breach of these Terms, negligence, or failure to meet its obligations regarding student information.
Limitation of Liability
KinderPath is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the extent permitted by applicable law:
- KinderPath is not liable for indirect, incidental, special, or consequential losses arising from use of the service.
- KinderPath's total liability arising out of or relating to the service is limited to the amounts paid to KinderPath in the twelve (12) months preceding the event giving rise to the claim.
Nothing in this section limits rights that cannot be limited under applicable law, or limits liability for fraud, willful misconduct, or gross negligence.
Where a separate written agreement exists with a school, center, or district, that agreement governs to the extent it conflicts with this section.
Termination and Suspension
You may stop using KinderPath at any time.
Subscription cancellation follows the terms shown at purchase and in our Refund Policy.
KinderPath may suspend or terminate an account, or discontinue the service, at any time, with or without cause. Access may be limited, suspended, or ended for reasons including nonpayment, misuse of the service, security concerns, violations of these Terms, or legal requirements.
What happens to fees you have already paid depends on who ends the subscription and why. These three cases are separate, and each applies only to the situation it describes:
- If you cancel. You keep access until the end of the period you have paid for. We do not refund or prorate any part of that period.
- If we terminate because you breached these Terms (for a school, because it breached the School Agreement), including by failing to pay. We do not refund fees already paid. A school’s School Agreement may give it time to correct a breach first.
- If we discontinue the service, or end your account, for any other reason. We refund the unused part of the fees you prepaid, prorated from the date the service ends. This includes ending an account for KinderPath’s own security or legal reasons, unless the school’s own breach caused them.
Before we terminate an account, we send notice to the administrator email address on file for it and give the administrator an opportunity to export the school’s data. Where we must act immediately for security or legal reasons, we send that notice, and make that opportunity available, as soon as it is safe to do so.
Suspension of access does not by itself mean stored information is immediately deleted. Data handling after suspension or closure follows the retention and deletion practices described in our Privacy Policy, and may involve coordination with the relevant school or account holder.
Sections 11, 12, 14, 15, 17, and 18 survive termination.
Governing Law and Disputes
These Terms are governed by the laws of the State of Georgia, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the service will be brought in the state or federal courts located in Fulton County, Georgia, and the parties consent to the jurisdiction of those courts.
Where a school, center, or district is a public entity prohibited by law from agreeing to the governing law or venue of another state, the law and venue of that entity’s state controls.
Before filing a claim, we ask that you contact us at hello@mykinderpath.com so we can try to resolve the matter directly.
General
Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force.
Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, provided that student information remains subject to protections at least as strong as those in our Privacy Policy.
No waiver. Our failure to enforce a provision is not a waiver of it.
Entire agreement. These Terms, together with our Privacy Policy and any applicable School Agreement or Data Processing Addendum, are the entire agreement between you and KinderPath regarding the service.
Changes to These Terms
These Terms may be revised as KinderPath evolves. When they change, we will update the “Last Updated” date above.
Where a change materially affects your rights or obligations, we will notify account holders directly and, for schools, give notice before the change takes effect. Continued use of the service after a change takes effect means you accept the revised Terms.
Contact Us
General questions: hello@mykinderpath.com
Billing questions: billing@mykinderpath.com
Privacy questions: privacy@mykinderpath.com
Security concerns: security@mykinderpath.com
School and district inquiries: schools@mykinderpath.com
KinderPath LLC
11175 Cicero Drive, Building 200, Suite 100
Alpharetta, GA 30022
