Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") constitute a legally binding agreement between Hefes Technology Group doo, PIB: 111909858, MB: 21567426, with its registered seat at Vitezova Karađorđeve zvezde 50, 11050 Belgrade, Serbia ("we", "us", "Kiddly"), and you as a user of the Kiddly platform ("you", the "User").

For personal data processing, preschools using Kiddly act as Data Controllers, while Hefes Technology Group doo acts as a Data Processor on their behalf.

Kiddly is a digital platform for management and communication within preschool institutions. It includes:

• Website: kiddly.io
• Web Application: app.kiddly.io
• Mobile Applications: Kiddly (for managers and educators) and Kiddly for Parents (for parents).

By using any part of the Kiddly platform, you accept and agree to comply with these Terms.

1.1 Definitions

• “Kiddly Platform” means the web application, mobile applications, and all related services, features, and content provided under the “Kiddly” name, including the open-source version.
• “User” means any natural or legal person who accesses, registers an account on, or uses the Platform, including preschools, educational institutions, employees, parents/guardians, and administrators.
• “Data Controller” means the legal entity (e.g., a preschool) that determines the purposes and means of processing personal data via the Platform.
• “Data Processor” means Hefes Technology Group doo, which processes personal data on behalf of the Data Controller, in accordance with the Controller’s instructions and these Terms / the DPA.
• “Personal Data” means any information relating to an identified or identifiable natural person, as defined by Serbian law and the GDPR.
• “User Content” means all content (text, photos, videos, documents, etc.) that a User enters or uploads to the Platform.
• “Open-Source Version” means the version of the Platform whose source code is publicly available under the AGPLv3 license, granting certain rights and obligations under that license.
• “Services” means all features and services available via the Platform, whether in the cloud version (Kiddly Cloud) or a self-hosted version.
• “Privacy Policy” means the document governing the collection, processing, storage, and protection of Personal Data, which forms an integral part of these Terms.

2. Types of Users

The Platform serves three main user groups:

• Preschool Managers – administration of the institution managing accounts and content.
• Educators – employees entering and updating children’s data.
• Parents/Guardians – users accessing information about their child.

3. Acceptance of the Terms

By registering an account, signing in, accessing, or continuing to use the Kiddly Platform, you confirm that you have read, understood, and fully accepted these Terms, the Privacy Policy, and any other documents incorporated herein.

If you do not agree with these Terms or any provision herein, you are not authorized to use the Kiddly Platform and must cease using it immediately.

If you use Kiddly on behalf of a legal entity (e.g., a preschool), you confirm and warrant that you are authorized to accept these Terms on behalf of that entity.

When using the Kiddly Platform for purposes involving minors’ data, you warrant that you hold appropriate parental or legal guardian consent where required by law.

4. User Rights and Obligations

4.1 Managers and Educators

• Ensure accuracy, completeness, and timeliness of data entered into Kiddly.
• Process Personal Data solely for preschool activities and services within the Platform.
• Keep access credentials confidential and apply reasonable security measures.
• Report any suspected unauthorized access to Kiddly administrators without delay.

4.2 Parents/Guardians

• Access only data relating to your own child.
• Maintain confidentiality of access credentials and prevent third-party use.
• Refrain from sharing Kiddly content (photos, videos, information) without prior consent of the preschool or rights holder.
• You are responsible for actions performed through your account unless you prove otherwise.

5. Kiddly’s Rights and Obligations

5.1 Service Provision

Kiddly provides technical support, maintenance, and improvements to the Platform to a reasonable extent, striving to ensure uninterrupted service and data security.

5.2 Temporary Restriction or Suspension

Kiddly may temporarily or permanently restrict or disable access to the Platform or certain features for maintenance, technical issues, security measures, legal obligations, or breaches of these Terms. Where possible, prior notice will be provided.

5.3 Content Removal

Kiddly may remove content that violates laws, these Terms, the Privacy Policy, or third-party rights, or is otherwise offensive, misleading, or harmful.

5.5 Disclaimer of Liability

Kiddly does not guarantee uninterrupted or error-free operation and is not liable for unavailability, data loss, delays, or other issues caused by technical problems, force majeure, third-party actions, or misuse.

5.6 Service Changes or Discontinuation

Kiddly may modify, suspend, or permanently discontinue the Platform or any of its features at any time. Reasonable notice will be provided when feasible.

6. Permitted and Prohibited Use

6.1 Permitted Use

• Use the Platform in line with these Terms, the Privacy Policy, and applicable laws.
• Maintain confidentiality of data, especially data concerning minors.
• Report security incidents or suspicious activity promptly.
• Avoid actions that negatively impact operation, security, or other Users.

6.2 Prohibited Use

• Sharing personal data outside the Platform without proper authorization.
• Attempting unauthorized access to other Users’ accounts or data.
• Posting unlawful, discriminatory, or otherwise inappropriate content.
• Circumventing security measures or using automated tools without consent.
• Collecting user information for unauthorized or unlawful purposes.
• Engaging in any activity that jeopardizes the Platform’s secure and stable operation.

6.3 Open-Source-Specific Provisions

• The Kiddly open-source version is released under AGPLv3.
• Use of the Kiddly name, logo, design, or brand elements requires prior written consent.
• Commercial use must respect license terms and applicable laws.
• Hefes Technology Group doo is not liable for modified or custom versions outside the official distribution.

7. Intellectual Property

7.1 Software Rights

The official Kiddly Platform and its open-source code are released under the GNU Affero General Public License v3 (AGPLv3), unless otherwise stated. All other rights are reserved by Hefes Technology Group doo.

7.2 Brand and Visual Identity

The Kiddly name, logo, design, and other brand elements are protected and may not be used without written consent, except where permitted by law.

7.3 Avoiding Confusion for Open-Source Versions

Open-source users must not imply affiliation with or endorsement by Hefes Technology Group doo, nor register domains or channels using the Kiddly brand without consent. Clear statements that a version is independent and unofficial are required.

7.4 User-Generated Content

Users retain rights to content they upload. By uploading, Users grant Hefes Technology Group doo a limited license to use such content solely to provide Kiddly services in line with the Privacy Policy.

7.5 Restrictions for Modified Versions

Hefes Technology Group doo is not responsible for operation, security, or compliance of modified versions and such versions may not use Kiddly marks without written consent.

8. Disclaimers

• Service Status: The Platform is provided “as is” and “as available”, without warranties of accuracy, reliability, or fitness for a particular purpose.
• Errors and Interruptions: Kiddly does not guarantee error-free operation and may temporarily interrupt or limit access for maintenance, upgrades, or technical and security reasons.
• User Content: Users are solely responsible for the accuracy, lawfulness, and suitability of content they provide.
• Unauthorized Sharing: Kiddly is not liable for consequences arising from unauthorized access or sharing by Users or third parties.
• Open-Source Version: No warranties are provided for modified versions created by third parties.
• Legal Limits: These limitations apply to the maximum extent permitted by law.

9. Termination of Use

9.1 Kiddly’s Right to Terminate

Kiddly may suspend or terminate user accounts for breaches of these Terms, legal violations, misuse, security threats, or provision of false information.

9.2 Emergency Suspension

In serious breaches or imminent threats, Kiddly may suspend access immediately and inform users of reasons within a reasonable time.

9.3 User’s Right to Stop Using the Service

Users may cease using the Platform at any time and request account deletion in line with the Privacy Policy.

9.4 Data Retention After Termination

After termination, data are retained only as long as necessary to meet legal obligations, resolve disputes, or enforce these Terms, after which data are deleted or anonymized.

10. Changes to the Terms

Kiddly may modify or supplement these Terms to reflect legislative changes, technological developments, platform improvements, or business practices.

Material changes will be communicated through in-app notifications, email, or announcements on kiddly.io.

Changes take effect on the stated date or, if unspecified, eight (8) days after publication. Urgent changes may take effect immediately.

Continued use after changes take effect constitutes acceptance. Users who disagree must stop using the Platform and may request account deletion.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Serbia. Kiddly and Users will attempt to resolve disputes amicably; if that fails, the competent courts in Belgrade, Serbia shall have jurisdiction. Proceedings will be conducted in Serbian unless otherwise agreed.

12. Incorporation of Related Policies

These Terms incorporate the Privacy Policy and Data Processing Agreement (DPA). Acceptance of the Terms confirms that you have read and agree to these documents. In case of inconsistencies, the provisions affording greater protection prevail.

13. Contact