Terms of Use

In accordance with Article 7 of the Act of 11 March 2003 and Article VI.45 ELC:

KidLogg BV [ADDRESS], [POSTAL CODE] [CITY], Belgium CBE number: [CBE NUMBER] Legal Entities Register: [COURT] Email: info@kidlogg.com Phone: [PHONE NUMBER] VAT number: BE [VAT NUMBER]

- "Service": the KidLogg SaaS platform, including the web application, APIs and related services

• "Customer": the daycare or legal entity that subscribes to the service

• "User": any natural person who uses the Service through a Customer's account

• "KidLogg BV" / "we": the company providing the Service

• "Agreement": the entirety of these terms, the Privacy Policy, and any specific service and data processing agreement

These terms apply to all offers, services and agreements between KidLogg BV and the Customer. By creating an account or using the Service, the Customer confirms that they have read, understood and accepted these terms.

KidLogg BV reserves the right to amend these terms. For material changes, the Customer will be notified by email at least 30 days before the effective date. Continued use after notification constitutes acceptance.

KidLogg is a cloud-based management platform for daycares, offering features including: attendance registration, daily logbook, invoicing, staff management and communication. The Service is provided as Software-as-a-Service (SaaS) and is accessible via a web browser.

KidLogg BV targets 99.5% uptime per year, excluding planned maintenance windows communicated in advance. KidLogg BV reserves the right to modify, improve or remove features of the Service with reasonable notice.

To use the Service, the Customer must create an account with accurate and up-to-date information. The Customer is responsible for the security of their login credentials and for all actions taken through their account.

KidLogg BV reserves the right to suspend or delete accounts in case of (suspected) fraud, abuse, non-payment or violation of these terms, following notification by email unless immediate action is required by the circumstances.

Prices are communicated upon subscription and are stated in euros, excluding VAT. Applicable VAT (21%) is shown separately on the invoice.

Invoices are payable within 30 days of the invoice date, unless otherwise agreed in writing. In the event of late payment, statutory interest is due by operation of law and without prior notice, in accordance with the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, plus a flat-rate compensation of 10% of the outstanding amount with a minimum of €50.

KidLogg BV reserves the right to adjust prices annually, with at least 60 days' notice prior to the effective date. The Customer has the right to terminate the agreement if they do not accept the price change.

Subscriptions are entered into for the agreed period (monthly or annual) and are automatically renewed unless the Customer provides written notice of termination to info@kidlogg.com at least 30 days before the end of the subscription period.

Either party may terminate the agreement with immediate effect in the event of a material breach by the other party that is not remedied within 15 working days of written notice.

Following termination, the Customer has 30 days to export their data. Thereafter, all data will be deleted in accordance with the privacy policy and data processing agreement.

The Customer acts as data controller for the personal data they enter into KidLogg (data relating to children, parents and staff). KidLogg BV acts as data processor. Both parties enter into a separate Data Processing Agreement compliant with Article 28 of the GDPR.

The Customer warrants that they have a valid legal basis for processing all data entered into the Service, in particular for special categories of personal data (health data of minors). The Customer indemnifies KidLogg BV against any liability arising from a breach of this obligation.

All intellectual property rights in the Service, the software, the KidLogg brand and all associated documentation belong exclusively to KidLogg BV. The Customer is granted only a non-exclusive, non-transferable right of use for the duration of the agreement.

Data entered by the Customer remains the Customer's property. KidLogg BV acquires no ownership rights over that data.

The Customer is prohibited from copying, reverse-engineering, decompiling the Service or creating derivative works, except to the extent expressly permitted by mandatory law.

KidLogg BV's total liability to the Customer for direct damages is limited to the amount the Customer has paid for the Service in the twelve months preceding the incident.

KidLogg BV is not liable for indirect or consequential damages, loss of profits, data loss or reputational harm.

These limitations do not apply in cases of wilful misconduct or gross negligence by KidLogg BV, nor to personal injury, nor in cases where liability limitation is prohibited under Belgian law (such as product liability under the Act of 25 February 1991).

The Customer is responsible for regularly backing up their data, even though KidLogg BV provides technical backup measures.

Neither party is liable for failures resulting from force majeure events, including but not limited to: natural disasters, pandemics, war, third-party cyberattacks, failures of external service providers or government measures. The party invoking force majeure must notify the other party in writing without delay. If the force majeure situation lasts more than 60 days, either party may terminate the agreement without compensation.

This agreement is governed by Belgian law. Any disputes will first be subject to an attempt at amicable resolution. If no amicable settlement is reached, the courts of the district of [DISTRICT] shall have jurisdiction, unless mandatory law designates another court.

Consumer disputes: If the Customer acts as a consumer within the meaning of the ELC, they may use the Online Dispute Resolution (ODR) platform of the European Commission (ec.europa.eu/odr) or the Belgian Consumer Mediation Service for out-of-court dispute resolution.

- Severability: If any provision is void or unenforceable, the remaining provisions remain in full force and effect.

• Entire agreement: These terms, together with the Privacy Policy and the Data Processing Agreement, constitute the entire agreement between the parties and supersede all prior arrangements.

• No waiver: KidLogg BV's failure to exercise any right does not constitute a waiver of that right.

• Language: In case of conflict between translated versions of these terms, the Dutch text prevails.