These Terms of Use constitute a legally binding agreement made between you ("you") and Enya's Childcare ("we", "us", or "our") concerning your access to and use of the FeelHQ "App" and Customer software services (the "Platform"). You agree that by accessing the Platform you have read, understood, and agree to these Terms of Use. If you do not agree you are prohibited from using the App and must discontinue use immediately.
You are connected to our customer, i.e., the nursery or early education setting/school (the "Customer") that has separately entered into an agreement with us by accepting the Terms and Conditions for use of the Platform (the "Agreement"). The Agreement sets out our commitment to deliver the services of the Platform to the Customer. The Agreement permits the Customer to invite individuals to join the App who are so-called authorised users so that such users can use its features and services. The Customer has its area on the Platform where the Customer creates staff profiles, manages daily tasks, uses the broadcast feature and handles all communication etc. The Customer is in control of the Platform.
There is one type of authorised users:
1) user who is an employee of the Customer (i.e. employee of nurseries and early education settings/centre or school that is a Customer of Enya's Childcare) and referred to as "Staff User". The term Staff User covers any such users with admin rights; and
You as an Authorised User gain access to the App by downloading from the App Store or Google Play.
Once you have downloaded the App the Customer will allocate you a username and password. You agree to keep your password confidential and will be responsible for all use of your account and password.
For Staff Users, the App is made available "as is" for commercial use only to use the services set out in the Terms and Conditions entered into between the Customer and us.
We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you (unless the Customer has in place a specific policy around Staff Users devices), and to access and use the App on such devices strictly in accordance with the terms set out in these Terms of Use.
By using the App, you represent and warrant that you will not use the App for any illegal or unauthorised purpose and your use of the App will not violate any applicable law or regulations. Any violations of these Terms of Use may give rise to civil and/or criminal penalties or other actions as may be appropriate.
Unless otherwise indicated, the Platform is our proprietary property and all source code, functionality, software, website designs, and graphics on the Platform ("FeelHQ Content"), the FeelHQ trademarks and logos ("FeelHQ Marks") are owned by us and are protected by copyright and trademark laws, and international conventions.
Unless expressly stated in these Terms of Use, no part of the App, and no FeelHQ Content or FeelHQ Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you are a Staff User, your employer and our Customer may already have the right to use our FeelHQ Marks on their websites and social media channels to publicise FeelHQ, and in such an event you must follow any guidelines provided.
We may use a Customer trademark ("Customer Mark") to provide a branded Platform to the Customer, in such cases we have obtained a license to use the Customer Mark for such purposes. If you are a Staff User you must follow the Customer guidelines around use of the Customer Mark. If you are a FeelHQ User you can only use the Customer Mark if you are authorised to do so by our Customer.
Between us and the Customer, you agree that it is solely the Customer's responsibility to inform all its Staff Users (as may be applicable) of any relevant Customer policies and practices.
We do not have an obligation and generally do not monitor the communications, but the Customer may do so as it has control over its Customer area on the Platform.
The Customer appoints a Staff User with admin rights who can provide other Staff Users with access etc. ("Admin User"). Any inappropriate communications, behaviour or other content must be reported to the Admin User and/or other Staff User as communicated by the Customer on the Platform.
The Admin User can edit or delete communications and can deactivate Staff Users accounts.
We act as data processors under European data protection regulations and process your personal data on behalf of the Customer. You can find information about how we collect and use your personal data in our Privacy Policy. Please be aware that the Customer sets out a separate data retention policy for the personal data on the Platform.
These Terms of Use will remain in force until the Agreement has been terminated by Customer or us, or until you are no longer required or authorised to have an account to the App/Platform.
We are not liable for any statements or representations in your communications provided by you in any area on the App. If we become aware of a violation of these Terms of Use, we will usually ask the Customer to take action as the Customer is in control of its Customer area on the Platform. However, if in our reasonable opinion the Customer does not take appropriate action or we believe that there is a credible risk of harm to us, the Platform, the Staff Users or any third parties we will take the appropriate action.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" data of these Terms of Use. You will be subject to and will be deemed to have accepted the changes in any revised Terms of Use by your continued use of the App after the date such revised Terms of Use are posted.
These Terms of Use and any disputes arising out of or related hereto, will be governed by the same applicable governing law of the Agreement. The jurisdiction agreed in the Agreement will apply to these Terms of Use.
These Terms of Use and any policies posted by us on the App constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.