1. Parties, scope, and acceptance by role
EASYKIDS2GO LLC (“EasyKids,” “we”) provides the EasyKids2Go website, applications, and software services (“Platform”). The “Customer” is the organization purchasing the software: a transportation company, school, daycare, or another entity admitted through a service order. “Adult User” includes an administrator, employee, driver, parent, or guardian using an authorized account.
The commercial relationship is between EasyKids and the Customer, acting through a representative with sufficient authority. The subscription obligations in Section 7, business limitation in Section 11, indemnification in Section 12, and DPA apply to the Customer within their respective scope; they do not make the signatory a personal guarantor or bind parents, drivers, or employees to those business obligations merely by using an account. Other use rules apply to each adult only within that person's role and to conduct under that person's control.
Account holders must be at least 18 years old. The Platform is intended for adults managing children's transportation; children are not authorized to create accounts or use it directly. An adult's acceptance does not by itself waive a child's rights, obtain consent from every data subject, or establish authority to act for another person.
Before acceptance, each person will have access to the exact Spanish or English text applicable to their role and take an affirmative action, without a preselected checkbox. The business representative accepts for the entity; each adult accepts their own conditions. An administrator does not accept on behalf of all users. Records will preserve the version, text, language, actor's identity and role, relevant entity, and times of the action and receipt, with a copy and receipt accessible afterward.
The Privacy Policy provides information about processing; it is not a general authorization. Specific permissions and consents, where appropriate, are requested separately. Reading these Terms, opening a link, scrolling through it, or entering the Platform is not acceptance. Earlier agreements, signatures, and consents retain their texts and history.
“Employee” describes a person’s relationship with the Customer; it is not a separate Platform account role and confers no additional permissions.
Where registration or acceptance includes an affirmative attestation of age (18 or older) and role authority (such as parent/legal guardian attestation or corporate representative authority), that record documents the declarant’s binding representation to EasyKids and the Customer; it does not substitute for the Customer’s or carrier’s independent duty to verify identity, guardianship, custody orders, or corporate powers.
2. Service and separation from transportation
EasyKids provides software for managing routes, schedules, fleets, users, necessary child information, pickup and drop-off records, location, messages, and notices. The accepted order will identify features, capacity, requirements, and price; this description does not offer future features or unlimited service.
EasyKids contracts with and bills the Customer for software. The identified carrier maintains its transportation agreement and charges with families. BabyBus, when it is the relevant carrier, is a system user and is not thereby identified as the operator of EasyKids. These Terms do not replace transportation contracts or authorize family charges, changes of carrier, or transfers of earlier agreements or data.
EasyKids is strictly a B2B software-as-a-service (SaaS) technology provider; EasyKids is not a motor carrier, school bus operator, pupil transportation contractor, child-care provider, or physical custodian of any child, and does not employ, hire, dispatch, supervise, or control any driver or vehicle. The entity providing or contracting physical transportation remains solely and exclusively responsible for physical custody and safety, driver hiring and supervision, vehicle inspection and maintenance, commercial auto and general liability insurance, schedules, family authorizations, and service contingencies.
Without limiting the foregoing, where operations occur in or remain subject to the laws of the Commonwealth of Massachusetts or equivalent state regimes, the transportation provider (and, within its legal role, the contracting school or child-care program) is solely responsible for compliance with: (a) school pupil transport vehicle (“7D”) licensing, equipment, and driver qualification standards under M.G.L. c. 90 §§ 7D and 8A½, 540 CMR 7.09 and, for the applicable plates, 540 CMR 2.05(4)(l); (b) Department of Early Education and Care (EEC) transportation, supervision, attendance, and vehicle-check requirements under 606 CMR 7.13; (c) criminal and sex-offender background checks (CORI under M.G.L. c. 6 § 172 and SORI under M.G.L. c. 6 § 178I, within their respective scope), and drug/alcohol testing only where required for the relevant operation and role; (d) child passenger restraint, booster-seat, and seat-belt laws under M.G.L. c. 90 § 7AA; and (e) in-person child handoff, post-trip interior vehicle inspections (ensuring no child remains on board), and failed-delivery contingencies. Uploading a document or credential to the Platform is an administrative record tool for the Customer and does not constitute inspection, verification, or certification of regulatory compliance by EasyKids. EasyKids retains its own software, access, security, and data-processing duties; separation of functions is not immunity or an exclusion of responsibility for activities EasyKids actually undertakes.
Applicable Massachusetts requirements must be identified by operation: driver qualifications under M.G.L. c. 90 § 8A½, vehicle requirements under 540 CMR 7.09 and registration plates under 540 CMR 2.05(4)(l) where relevant, CORI under c. 6 § 172 and SORI under c. 6 § 178I. These references do not impose universal drug testing or remove a licensed program’s own duties under 606 CMR 7.13.
3. Accounts and access
The Customer will designate authorized administrators and users, maintain accurate information and instructions, and remove access that is no longer appropriate. Administrators manage the organization; drivers access their authorized tasks; parents and guardians have access according to their declared role and account links, subject to the authority and restrictions the Customer must verify. The Platform does not itself certify guardianship. Linking an account to a child does not confer every authority concerning that child.
Each adult will provide accurate information within their knowledge, keep contacts current, protect passwords and codes, and avoid sharing credentials. Suspected compromise must be reported promptly through a verified channel. Each adult is responsible for actions they authorize and duties within their control, without automatically assuming responsibility for every unauthorized action or releasing EasyKids from its own failures.
Accounts must not be created to evade restrictions, misrepresent identity, duplicate benefits, or access other organizations. Access must correspond to identifiable individuals; the actual actor must be distinguished from the listed primary contact. Restrictions following compromise are governed by Section 13.
4. Permitted use
Users will use the Platform for authorized transportation and administrative functions. The following are prohibited:
- Impersonating people, misrepresenting family authority, deceptively altering records, or providing unlawful instructions.
- Accessing others' data or accounts, bypassing controls, introducing harmful code, or disrupting systems.
- Monitoring people through GPS beyond the permitted purpose and authority, or extracting child or family data for commercial exploitation.
- Harassing, threatening, or distributing unlawful content through service tools.
- Automating extraction or access without authorization, reselling credentials, or copying, decompiling, or exploiting software outside the license, except for rights allowed by law or applicable licenses.
- Holding, typing on, reading text from, or manually operating a mobile telephone or electronic device while driving or while the vehicle is in motion, in violation of the Massachusetts Hands-Free Law (M.G.L. c. 90 § 13B) or applicable traffic safety laws; drivers must complete pickup, drop-off, signature, incident, and messaging actions only when the vehicle is lawfully and safely stopped and parked.
- Uploading, transmitting, or recording unlawful secret audio interceptions or unauthorized interior cabin recordings in violation of all-party consent and anti-secret-interception laws (including M.G.L. c. 272 § 99) or child-privacy laws.
These rules do not prohibit honest reviews, claims, communications with authorities, or the exercise of rights. A breach is assessed under the proportional measures in Section 13; it does not independently authorize deletion of custody evidence.
Additional restrictions, including M.G.L. c. 90 § 12A for public-transportation operators within its scope, apply where legally required; permission for hands-free use under the general rule does not override a stricter rule.
5. Children, custody, and necessary information
The Customer and carrier, in their respective roles, will maintain procedures to verify identity, representatives, authorized persons, and custody restrictions, and to communicate changes to personnel who need to know. Viewing location, consulting data, authorizing a third party, and confirming a handoff are distinct permissions. A code, QR, signature, or linked account supports recordkeeping but does not replace verification of identity and authority.
Drivers will use pickup/drop-off tools together with the carrier's procedures and safe contingency plan. Parents and guardians will keep current the data and instructions they can validly provide. A discrepancy or transportation emergency must be communicated directly to the carrier or appropriate emergency services, without relying solely on an app message.
Medical information will be limited to what is needed during transportation: relevant allergies, assistance or mobility needs, emergency contacts, and pertinent authorized plans. A complete medical record will not be requested by default. Specific documents require a justified need or applicable obligation. Drivers access necessary information for children on their routes; office personnel, according to need and authorization; parents and guardians, according to verified authority and restrictions.
EasyKids will not sell or rent personal data; use child data for targeted advertising or commercial profiles; train AI models with customer data or allow its providers to do so. Uses necessary to provide the service and limited, valid disclosures are described in Privacy and the DPA. A school's engagement does not provide universal authority over family data.
6. Location, notices, and offline operation
The described scope of driver location covers the online shift, including between trips, with access by authorized administrators of the driver's company. Authorized parents or guardians see the portion corresponding to their child's trip and its replay when available under their permissions. Going offline from the shift stops new collection intended by that workflow; it does not delete earlier records or records awaiting synchronization. Device permissions and any required employment or privacy notices are handled separately from this acceptance.
Location, estimated arrival times, and notices are informational aids and may be delayed, inaccurate, or unavailable. For families they are supplemental features: receiving transportation does not require relying on them. They are not an emergency service, an arrival guarantee, or a substitute for custody checks or urgent direct communication.
Offline operation depends on the feature and version, prepared data, and device. A pending local record is not equivalent to server receipt, family notification, or confirmed reconciliation. Lack of connectivity may prevent updates, messaging, notifications, or preparation of information not yet available locally. Not all functions are promised to work offline, and failures are not automatically attributed to third parties.
The Customer will maintain a safe transportation contingency. EasyKids retains its duties to protect and reconcile records and address its own failures under the contracted service. Plan changes, commercial closures, and new acceptances must respect routes, custody, and pending events; compromised access requires the security response in Section 13.
Turn-by-turn navigation, route geometry, voice prompts, speed or traffic indicators, Apple CarPlay / in-vehicle display projection, and offline route continuity or local rerouting depend on third-party mapping services (such as Google Maps / Navigation SDK and Apple Maps), satellite signal, and cached map data. They are provided solely as secondary informational aids and may not reflect real-time road closures, construction, school-zone restrictions, weight or height limits, weather hazards, or safe stopping points. The driver and transportation provider remain solely responsible at all times for exercising independent driving judgment, obeying all posted traffic signs and laws, complying with hands-free device rules (including M.G.L. c. 90 § 13B), and maintaining a backup paper or offline manifest for child custody and emergency contacts.
7. Business subscription, promotion, and payments
7.1 Accepted plan and price
Software subscriptions are monthly, without an annual commitment or free trial under this offer. Before acceptance, the order will show the base price, contracted van capacity, currency, discounts, applicable taxes, total, start, and next renewal. Charges are for contracted capacity, not just vehicles operated that month. Capacity beyond the standard plan requires a quote. Parent and driver accounts do not pay a separate software subscription under the Customer's plan.
Applicable taxes will be shown separately and adjusted on refunds where appropriate. A school or daycare does not become tax-exempt solely because of its name. EasyKids absorbs its ordinary processor fees: it does not add a hidden or payment-method surcharge or deduct those fees from refunds due. The Customer's own bank costs and extraordinary chargebacks are not automatically passed through as EasyKids charges.
7.2 Monthly cycle
Invoices are issued in advance and are due on receipt. Each cycle begins at 09:00 on the company's billing anniversary day in its configured local time zone and ends at 09:00 on that day in the following month. If a month lacks that day, its last calendar day is used. The first cycle is billed in full. Invoice delivery may follow the scheduled billing run. The paid cycle begins upon billing activation under the accepted plan and must be shown to the Customer; preparing these Terms does not start a cycle.
7.3 Manual payment
Payment for software invoices is manual through PayPal. Automatic payment is not available. Paying an invoice, saving a payment method or applying a promotion does not authorize recurring debits.
Canceling the subscription is a separate action: it stops future renewals according to Section 13; leaving an invoice unpaid does not cancel it or eliminate valid amounts due. An improperly initiated or executed charge must be corrected. Any future automatic-payment service would require separate terms, express authorization and effective revocation arrangements before it could be offered.
7.4 EASY30 opening promotion
Code EASY30 provides a 30% discount on the entire first monthly software charge: the base fee and all vans in the accepted order, without a one-van promotional limit. It is not a free month or a permanent discount. It is for a company's first paid subscription, including pilot and preregistered companies that have not yet paid a monthly charge.
One use is allowed per company; cancellation or creating another account does not restore eligibility. This rule does not automatically combine legally distinct entities because they share an owner. It cannot be combined with other codes unless expressly authorized in another offer. Initial redemption must occur within the opening window stated in the final offer.
If the company validly redeemed EASY30 and adds vans during that first cycle, the 30% discount also applies to the prorated charge for those vans through the same cycle end. The addition requires acceptance and confirmed payment; it does not repeat the base fee, redemption, or benefit duration. Closing the redemption window does not shorten an already purchased promotional cycle. From the next renewal, the accepted regular price applies to all capacity. Taxes are calculated as appropriate, without arbitrarily reducing them by 30%.
The approved initial redemption window runs from October 12, 2026 at 00:00, inclusive, to November 1, 2026 at 00:00, exclusive, in America/New_York: it covers October 12 through 31. It is not a rolling 30-day period and does not automatically extend because opening is delayed. A validly purchased promotional cycle retains its duration after the redemption window closes.
Reference to EASY30 in these Terms states the governing rules for orders that validly redeem the promotion during the stated opening window while commercial onboarding is enabled; it does not keep the promotion open after November 1, 2026 at 00:00 America/New_York or require EasyKids to enable self-service checkout while billing onboarding is paused.
7.5 Increasing and reducing vans
In an enabled, billed cycle, an increase charges only for the added vans for the remaining local calendar days until the next billing date, without repeating the base fee. Before confirmation, the additional amount, taxes, effective date, and new monthly price are shown. Added capacity is enabled upon payment confirmation; an unpaid increase does not expand capacity or independently pause the office. Promotional increases follow Section 7.4.
A reduction takes effect at the next renewal and preserves already paid capacity until then, without an ordinary refund for reducing capacity and subject to Section 7.8 exceptions. Where necessary, the administrator selects vehicles to deactivate to fit the plan. A vehicle on a route or with a pending offline trip is held until safe completion and reconciliation. Reducing capacity does not mean deleting vehicles or records. A scheduled change can be cancelled before it takes effect.
7.6 Unpaid cycle invoice
The intended reminder schedule is day 0 (invoice sent), day 3 and day 6. Days 3, 6 and 7 begin at 09:00 on the relevant local calendar day. A late processing run may send only the latest reminder due. On day 7 an unpaid cycle invoice pauses the company's office access. Drivers, parents, routes, custody and emergency functions in the apps continue. The office can still pay, view or change its plan, close the account, download its backup and contact support. Payment releases this billing pause.
This specific schedule is not replaced by the ordinary 30-day cure period in Section 13. Continuing app functions do not represent human emergency assistance or 24/7 EasyKids support.
7.7 Price changes
A software price increase requires at least 30 calendar days' valid contractual notice to affected administrators, stating the old and new prices, scope, and date, through email and a persistent Platform notice. It applies only at a renewal after the notice period is satisfied, respecting previously contracted periods and fixed-price commitments. Publishing a price does not amend an accepted invoice. The Customer may decline renewal while retaining the paid period; new acceptance is obtained when required. Taxes and voluntary capacity additions follow their own rules.
7.8 Cancellation and refunds
Cancellation received before renewal stops that next renewal and preserves access through the end of the paid monthly period. Confirmation and the effective date are provided. Ordinary cancellation does not refund used or remaining time. Duplicate, incorrect, unauthorized, and post-effective-cancellation charges are corrected or refunded, in addition to remedies for material breach and mandatory rights.
The Refund Policy describes a target of an initial human response within 2 business days and issuance or initiation of a proper refund within a maximum of 5 business days after determination/approval, or sooner if required. Investigation will proceed without unjustified delay; internal approval cannot be used to withhold amounts due indefinitely. The original payment method is used where feasible, or a secure, documented alternative. Bank crediting is separate from initiation and is not guaranteed within those 5 days. A commercial credit requires the Customer's agreement.
The policy covers EasyKids software. Transportation charges, cancellations, and refunds belong to the separate agreement with the provider; these Terms do not decide them.
8. Software and license
EasyKids and its licensors retain the rights they lawfully hold in software, design, documentation, and branding. The subscription grants a limited, nonexclusive, nontransferable license for authorized access and use during the service. It does not sell the code or transfer the Platform. Use by employees, drivers, and families authorized under the plan is not resale.
Copying, resale, transferring access, using the brand, or bypassing controls without authorization is prohibited, except for rights granted by law or third-party or open-source licenses. The license does not prevent retrieving or lawfully using the Customer's data. Its duration and restriction are coordinated with cancellation, proportionate suspension, and safe exit, without arbitrary revocation that circumvents those commitments.
9. Content, data, and DPA
Customers, families, and third parties retain their applicable rights in information, messages, photos, documents, and signatures. The Customer is not declared the absolute owner of personal records. A contributor must have the necessary authority for that submission and use; EasyKids receives only the permissions needed to provide the service and meet valid retention and return obligations, according to Privacy and DPA purposes. No perpetual commercial license or new permission for AI training, data exploitation, or unauthorized transfers is granted.
The DPA, executed by authorized business representatives where appropriate, distinguishes entrusted processing from EasyKids' own account, billing, or security uses. The Customer maintains authority, lawful instructions, information, and access; EasyKids limits processing, protects and separates data, assists, and retains its own duties. Both parties cooperate on requests and incidents. An unlawful instruction requires notice and coordination, not automatic execution.
Subprocessors require identification, functions, data and locations, written obligations, and appropriate verification. Planned changes are notified at least 30 calendar days before new processing and permit a written, substantiated data-protection objection within 15 calendar days after valid notice. A solution will be sought before access to the affected data. If none is viable, exit from the affected service and a refund of unused prepaid fees are available; if inseparable, this applies to the corresponding subscription. Genuine emergencies allow shorter notice only where law and contract permit, with documented need, minimum scope, and notice as soon as possible. The DPA develops these conditions without treating silence as authorization for new uses.
Data will be retained by category and need, with justified, restricted, reviewable exceptions. Moderating unlawful content does not authorize deleting signatures or custody evidence, or keeping everything indefinitely. Corrections must be traceable. Closing an account does not automatically delete records of a carrier, school, other rights holders, or backups. Privacy and the DPA specify retention and return; these Terms do not extend historical periods or authorize deletion.
The DPA provides for truthful security documentation and ordinary clarifications without charge, controlled review when necessary, and one ordinary audit per Customer every 12 months. Exceptions for incidents, substantiated indications, and legal or authority requirements, as well as necessary information and follow-up, remain available. The Customer bears the cost of its ordinary external auditor; extraordinary assistance requires an accepted quote where permissible. Correcting EasyKids' own breaches is not chargeable, and rights are not conditioned on fees. No unrestricted access to production, secrets, or others' data is granted.
Written notices of alleged copyright or intellectual-property infringement concerning content hosted on the Platform may be sent to EasyKids’ legal and support contacts identified in Section 16, identifying the work claimed to be infringed, the specific material and location on the Platform, the notifier’s contact information, a good-faith statement of unauthorized use, and a statement under penalty of perjury of authority to act for the rights holder. Acting on a notice does not authorize deleting mandatory child-custody records or electronic handoff signatures required for safety or legal compliance.
10. Support, availability, and remedies
10.1 Support
EasyKids offers ordinary support Monday through Friday, 09:00–18:00, America/New_York time, including its seasonal changes, except United States federal holidays. Critical data-security incidents or serious Platform failures may also be reported outside those hours through the critical-incident contact identified in the accepted service order. Assessment and response will be prioritized according to severity and applicable obligations.
Receiving alerts outside business hours does not constitute 24/7 support or continuous human monitoring. Immediate response or a fixed resolution time is not guaranteed, except for applicable legal obligations or expressly agreed commitments. This does not limit EasyKids' duties to protect data, respond to incidents, and provide required notices. Specific refund, privacy, or data-return deadlines retain their scope.
10.2 Scope and limitations
Uninterrupted operation, complete absence of errors, exact GPS/ETAs, or instant message receipt is not guaranteed. Networks, devices, permissions, and providers may affect service. These limitations do not remove contracted functions, the duty to address EasyKids' own failures, or remedies and warranties that cannot be excluded.
EasyKids must provide contracted functions, address and correct failures according to its commitments, and cooperate on incidents. Provider involvement does not automatically exclude EasyKids' responsibility. No uptime percentage, guaranteed recovery time, or SLA is agreed here. Maintenance, notices, and contingencies must respect safety and custody.
Disclaimer of implied warranties: Except for the express commitments in these Terms, the Refund Policy, and the DPA, and to the maximum extent permitted by applicable law (including M.G.L. c. 106 § 2-316 / UCC § 2-316, only to the extent that provision applies to the transaction), the Platform and related software services are provided “as is” and “as available,” and EasyKids expressly disclaims all implied or statutory warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement, as well as any warranty arising from course of dealing or usage of trade. This disclaimer does not eliminate EasyKids’ duty to provide the contracted core functions, the material-breach refund and termination remedies in Sections 10.3 and 10.4, or any warranty or right that cannot lawfully be excluded.
10.3 Material breach
A substantial breach attributable to EasyKids will be assessed using evidence of scope, duration, recurrence, and impact, including security, confidentiality, or integrity even if the app remains operational. Correction will be addressed according to severity, without indefinite investigation or an arbitrary minimum number of hours to recognize a serious failure.
A proportional refund of the amount actually paid for the affected service and period is available, taking discounts and appropriate tax adjustments into account; a credit requires the Customer's acceptance. If a serious breach persists after a reasonable cure period appropriate to its severity, or cannot be cured, the Customer may terminate for cause and receive unused prepaid fees from termination, with a safe exit. The same amount/period is not refunded twice, and this is not an exclusive remedy.
Allocation and calculation appear in Section 10.4, and separation from damages in Section 11.6. The 30-day rule for an ordinary curable breach is not a general grace period for failures, urgent incidents, or refunds already due.
10.4 Proportional refund calculation
Where due for a material breach attributable to EasyKids, the amount actually paid is allocated to the affected part and period, after discounts and before taxes. Affected vans include their fees and their share of the base fee according to contracted capacity. Impairment of the company's essential service includes the full base fee and all vans. If only a contracted office function is substantially impaired, the base fee and only vans also affected are included. This is a refund allocation rule, not a definition of the base fee as the exclusive office price.
For an interval with constant price, capacity, and scope and the same paid coverage, R = [B × maximum(K/N, O) + sum(affected V)] × t/T: B is the net base fee paid; N, contracted van capacity; K, materially affected capacity; O is 1 if that material office impairment exists, otherwise 0; V are net fees paid for affected vans; t, affected duration; T, actual duration of the paid period. Concurrent effects do not duplicate the base fee. With N = 0, there is no division by zero: only the base fee for affected contracted office service may apply, without inventing vans.
Changes of scope, capacity, price, or coverage are separated into nonoverlapping intervals. The base fee uses its period and each addition its prorated amount and remaining paid coverage, without prorating it again against a full cycle. Partial payments are limited to amounts actually collected and identified per line; correcting an unpaid invoice is not a cash refund. Overlapping effects on the same service and time are combined to avoid duplication. Precision is retained, amounts are summed and rounded to cents at the end, and cents are allocated among lines without increasing the total. Refunds never exceed the actual paid balance eligible for refund for each item and period; tax adjustments are calculated separately, and ordinary processor fees are not deducted.
Time runs from the evidenced beginning of material impairment of availability or reliability until verified restoration of the affected service, not from the claim or until the entire investigation closes. Instants and elapsed duration use the same unit, including fractions, preserving the displayed time zone and time changes; a 30-day month is not assumed and no minimum number of hours is required. The function, impact, duration, and viable alternatives are documented. A minor or cosmetic inconvenience does not automatically trigger proration, and a partial failure does not automatically make the entire month unusable. The Customer retains its claim or dispute without EasyKids having unilateral final authority.
A security or integrity incident without measurable downtime is not automatically valued at zero: the service and period that ceased to be reliable and other evidenced effects are assessed without inventing percentages or restored signatures or records. Additional harm follows Section 11 rather than this price refund. Exceptions and other remedies remain; this formula is not an SLA, uptime guarantee, refund for nonuse, or automatic entitlement to an entire monthly charge. The Refund Policy, Section 5, develops its application.
11. Business liability and exceptions
11.1 Scope and identified subscription
This section governs EasyKids' liability to the business Customer under the identified software subscription, subject to its exceptions. It does not impose caps or waivers on parents, drivers, employees, children, third parties, or persons not bound by that contract, or make the representative a personal guarantor. The USD 500 floor applies whenever Q is below USD 500, including when no fees have yet been paid within that relationship; it does not impose this business arrangement on free adult users.
For the caps in this section and Section 12, the standard monthly subscription is an integrated service: valid SaaS fees include the base fee and all vans of the same contracting legal entity, with the app and panel forming part of the same service. The cap is not calculated only from the affected van's fee, and the floor is not multiplied per van. The proportional refund in Section 10.4 is calculated according to the part and period actually affected.
Users, drivers, locations, vans, invoices, monthly renewals, and additions within that subscription do not create separate contracts or caps or reset the anniversary or amounts consumed. Distinct legal entities retain separate calculations even if they share an owner. A change of trade name, email, or administrator does not itself create another relationship. Genuinely distinct concurrent contracts, assignments, or reorganizations require written identification of the parties, subscriptions, fees, and scope, without counting amounts twice or implicitly releasing prior obligations.
11.2 Reference fees and individual cap
For each incident or causal group, Q is the sum of valid SaaS fees actually paid for that subscription in the 12 months preceding its first event, after discounts and the adjustments in this subsection. Taxes, transportation payments, funds held for others, duplicates, and improper charges are excluded. An initial payment is not annualized, and future or unpaid fees are not included. The window after service ends or resumes is determined under Section 11.7.
For a new, independent incident, only refunds of those same fees actually made before its first event are deducted. Refunds of fees outside the window and compensation for distinct harm are not deducted. Applied discounts or credits reduce the actual new payment; an outstanding credit is not money refunded. A balance originating from valid fees already paid retains its original payment date: using it creates no additional payment and does not restart its 12 months. It is counted once while within the window and not refunded, without being deducted twice.
The individual general base and cap are G = maximum(USD 500, Q). For harm within the special data category below, the individual cap is 2 × G, with a minimum of USD 1,000. These are contractual ceilings subject to attribution, compensable harm, aggregates, and exceptions, not automatic compensation, minimum refunds, reserves of funds, or insurance guarantees.
A refund after the first event does not retroactively reduce the cap for that incident or group or an annual aggregate already determined. Invalid charges never increase Q. For a later independent incident, Q is recalculated under its window and adjustments without reducing previously determined caps for earlier incidents.
11.3 Special data category
This category covers harm arising from a breach attributable to EasyKids of its confidentiality, security, or data protection and integrity obligations that causes unauthorized access, disclosure, or use; alteration, loss, or destruction of data, signatures, or records; or compromised data availability through a security incident. An internal error can fall within this category without an external attacker. Providers' acts are attributed according to EasyKids' own or assumed obligations: subcontracting is neither an exemption nor an absolute guarantee against every provider act.
An attack alone does not establish breach or liability. An ordinary outage without such compromise remains within the general category even if service access is interrupted; external internet or GPS failures do not establish liability automatically. Labeling a dispute “data” is insufficient to invoke the special cap. The DPA develops processing duties without creating an additional cap.
11.4 Related incidents and annual aggregate
Claims by the same Customer arising from one incident or causally connected events share the cap from the first event. Another claim, legal ground, lawyer, or number of affected people or records does not reset it. Sharing a product, provider, or type of error does not itself connect independent incidents. Where the data category applies, the group's combined maximum is 2 × G, with ordinary claims remaining within G; G and 2 × G are not added, and the same harm is not compensated twice.
Independent incidents are aggregated for the identified subscription and entity in consecutive 12-month periods from the contractual start. Each incident or group belongs to the year of its first event, even if discovered or claimed later. The annual base G_a is the highest G applicable to incidents allocated to that year, not their sum. Cumulative ordinary compensation subject to the cap does not exceed G_a; combined ordinary and data compensation does not exceed 2 × G_a. Each incident's individual cap also remains applicable.
If a later base increases G_a, only the available difference increases: amounts already consumed remain deducted. A lower later base does not reduce an aggregate already determined. Final settlements are not automatically reopened. New years have their own aggregates for new events, without carrying over unused balances or assigning the same group to two years. The anniversary is not an annual commitment, does not change the monthly subscription into an annual one, and is neither a limitation or claim-expiry period nor a lifetime cap.
11.5 Investigation, notification, and recovery
Necessary, reasonable, documented costs incurred by the Customer to investigate, provide mandatory or reasonably justified notices, and recover data, caused by a breach attributable to EasyKids, are treated as direct damages. They may include external response providers; an invoice alone does not establish necessity or attribution. Where they fall within the data category, they consume its individual and aggregate caps without an additional amount. Duplicates, extravagant costs, general improvements, unrelated expenses, or lost profits are not included within this direct-cost category.
EasyKids' own costs of meeting its investigation, containment, notice, or restoration duties do not consume the Customer's compensation balance and are not charged to the Customer for correcting our breach. Exhausting a cap does not permit those duties to be abandoned. Expenses are coordinated where possible without prior approval delaying urgent measures or mandatory notices; they are documented as soon as possible. Restoration means recovering available authentic evidence, not fabricating signatures or custody records or guaranteeing complete recovery. Litigation defense, fines, and third-party settlements follow their own rules, including Section 12 where applicable, and are not automatically transferred into this category.
11.6 Refunds and no double recovery
Refunds due under the Cancellation and Refund Policy neither consume nor are reduced by the damages caps: they include duplicate, incorrect, unauthorized, or post-effective-cancellation charges and proper remedies for breach or unused prepaid balances. Each refund is limited to the amount due and applicable tax adjustments; damages cannot be made unlimited by calling them a refund. The rule against refunds for ordinary cancellation, nonuse, or ordinary van reductions remains unchanged.
Refunding money for the same incident does not retroactively reduce its base, cap, or annual aggregate already determined. The same amount or harm cannot be recovered twice: any overlap adjustment is limited to what has actually been covered, without automatically offsetting distinct harm. A commercial credit requires acceptance and cannot unilaterally replace money due. A refund is neither an exclusive remedy nor automatic payment of the remaining cap.
11.7 End of service and reactivation
Termination or closure does not extinguish proper claims, liability, defense, or indemnification arising from earlier events: they retain their first event, base, year, and exceptions even if discovered later. Applicable duties concerning confidentiality, retained data, exit, incidents, cooperation, and defense on covered grounds continue. They do not keep the Platform active or create new fees, 24/7 support, indefinite retention, or deletion authority; export and retention follow their own rules.
For a genuinely new event after the effective end, Q's lookback window is fixed at the 12 months preceding that end. Actual refunds preceding the new event and the other adjustments in 11.2 apply to fees in that window: the period is fixed, not a net amount immune to adjustment. Floors and categories remain applicable. New events are allocated to annual periods measured from the contractual start; a later period may have its own aggregate while duties survive, without transferring balances or resetting related incidents. This does not create or change claim deadlines.
Reactivation of the same relationship has an accepted effective resumption date, distinct from access for export or an email change. Events during closure retain the corresponding fixed window. From resumption, genuinely new events of the reactivated service use the 12 months preceding their first event and valid fees of that relationship counted once. The original anniversary, aggregates, and amounts consumed remain; earlier events are not recalculated and late discoveries do not become new events. If service ends again, its new effective end determines the window for later new events. Reactivation does not restore EASY30 or independently replace notice, acceptance, or terms of an earlier relationship.
11.8 Exceptions and scope limitations
Within this business relationship, indirect damages and lost profits are excluded only to the extent valid under applicable law. This exclusion is subject to all exceptions and scope limits in this subsection; it does not exclude refunds due, convert direct loss into indirect loss merely by its label, or bind persons outside this business contract.
The business exclusion of indirect damages and lost profits operates only where valid and does not exclude direct costs expressly recognized in 11.5. The caps and exclusions do not remove liability for fraud, gross negligence, willful misconduct, or nonwaivable liability. They do not limit sanctions, authorities' powers, or rights of persons not bound; they do not release the carrier from its duties or EasyKids from its own acts. Bodily injury, death, and custody require separate analysis and are not extinguished by purchasing software.
12. Business indemnification
Within the permitted scope of the business contract, the Customer will defend and indemnify EasyKids against third-party claims attributable to the Customer's breaches, unlawful use under its responsibility, data supplied without authority, or conduct attributable to it. This does not automatically cover every normal use of the app or dispute between users. EasyKids' own failures, negligence, acts, omissions, and duties are excluded to the extent they cause the claim. There is no personal guarantee by the representative or indemnity from parents, drivers, or employees merely by accepting use rules. Covered grounds attributable to the Customer include third-party claims arising from the Customer’s or its drivers’ physical operation of vehicles, traffic or hands-free law violations, failure to maintain required 7D/EEC/pupil-transport licenses, background checks, or insurance, physical custody or child-handoff errors by Customer personnel, or unlawful audio/video recording or data entry without required family or statutory authority, always subject to the exclusions for EasyKids’ own failures and the caps and rules in Sections 12.1 and 12.2.
12.1 Trigger, counsel, and mixed grounds
For a documented third-party claim whose facts reasonably fit a covered ground attributable to the Customer, sufficient available information is communicated promptly and timely defense of the covered portion begins without awaiting judgment. Merely naming EasyKids is insufficient, and an allegation does not prove final liability. Late notice affects protection only to the legally permissible extent of actual prejudice caused; harmless delay does not automatically eliminate it. Deadlines are not postponed while coverage is determined.
The Customer proposes competent counsel, subject to EasyKids' reasonable acceptance, with professional independence and separate defense where a conflict requires it. The Customer bears reasonable costs of the covered portion attributable to its acts. Mixed matters require identifiable separate work and a written provisional allocation of common costs, adjusted according to attribution established by agreement or applicable decision. No 50/50 allocation or unlimited advance for the entire matter is presumed. Without timely agreement, each party protects its urgent defense and retains a later claim for proper costs, without automatic recovery of every advance.
No party may settle on terms imposing payments, admissions, obligations, or restrictions on the other without written consent. The parties cooperate and preserve evidence without implied waiver of applicable confidentiality or privilege. The Customer's refusal or inaction does not prevent EasyKids from defending itself and later seeking amounts properly due. Direct Customer/EasyKids disputes do not create a general attorney-fee entitlement under this section.
12.2 Cap and covered costs
For each covered incident, the Customer's individual cap is C = maximum(USD 10,000, 2 × Q), using the valid fees, subscription, groups, adjustments, and windows in Sections 11.1, 11.2, 11.4, and 11.7. It is distinct from EasyKids' own liability caps. For the same contractual years, the annual aggregate C_a is the highest C for covered incidents allocated to that year, not their sum or another multiplication by two. Each individual cap remains applicable. An increase adds only the available difference without resetting consumption; a lower base does not reduce an aggregate already determined. Another claim, claimant, legal ground, or lawyer creates no new cap, and the same expense or harm is not recovered twice.
Reasonable external defense fees, necessary experts, documented court fees and litigation expenses, and compensation for the covered portion imposed by a competent decision or a settlement consented to in writing jointly consume that single cap and its aggregate. There is no additional amount for judgment or settlement. Additional voluntary participation, duplicate, unrelated or disproportionate expenses, general improvements, ordinary internal time, or costs caused by EasyKids' own failures are not automatically shifted. Fines, sanctions, and punitive damages are not automatically shifted; different treatment requires specific review and agreement where appropriate.
Budgets, consumption, and documentation are shared consistently with confidentiality and urgent deadlines, with advance warning of possible exhaustion and coordinated handover, files, and cooperation. Contractually limited funding ends when the applicable valid cap is exhausted, except where an exception applies; this neither permits abandoning deadlines or withdrawing defense contrary to applicable duties nor promises unlimited additional transition funding.
Exceptions for fraud, gross negligence, willful misconduct, and nonwaivable obligations remain within the Customer's relevant scope; merely alleging them does not establish that they apply. This contract does not limit what third parties may claim against EasyKids, rights of children or persons not bound, bodily injury/custody, or authorities' powers. It creates no universal reciprocal indemnity, unlimited obligation, or EasyKids intellectual-property defense guarantee.
13. Cancellation, suspension, and exit
13.1 Cancellation and closure
The authorized representative may cancel renewal while retaining access until the paid monthly period ends, under Section 7. The effective commercial date and cancellation confirmation must be clear. No new cycle invoices are generated after the commercial end; accrued amounts and remedies follow their rules. A need to complete and reconcile a route safely does not independently create another renewal.
Technical closure must wait while a route is underway or a recent offline route needs reconciliation, avoiding loss of custody or events. When completed, that company's sessions are revoked according to their permissions. An adult account-deletion request is handled separately: it does not independently cancel the transportation contract, withdraw every custody authorization, or delete other rights holders' records.
The historical reopening window is 30 days after actual closure, with administrator verification through a code emailed to that administrator. Outside that window, support intervention is required and reopening is not guaranteed. Reopening an already billed cycle does not duplicate its invoice; a new cycle requires the applicable plan and terms. This window is separate from requesting an export and does not promise automatic deletion.
13.2 Proportionate restrictions
For curable breaches without urgency, the reason, scope, and expected correction will be communicated, with a reasonable opportunity before restriction where appropriate. Measures are limited to the affected user or function according to risk. Nonpayment follows only the specific Section 7.6 schedule, without automatically cutting off drivers, parents, or custody.
Compromised access, an attack, a substantiated threat to children or data, or an urgent requirement may necessitate immediate, proportionate restriction. Unsafe access is not kept open merely because a route exists. Evidence will be preserved and a safe contingency coordinated with the carrier through verified channels; notice will be given when permitted and safe, without delaying required notices.
EasyKids will document the decision, provide review, and restore access when the cause is resolved and restoration is appropriate. Suspension is not deletion and does not remove return, retention, or remedy obligations.
13.3 Termination for cause and cure
For an ordinary, curable material breach, either party will allow the other 30 calendar days from receipt of valid contractual notice containing reasonably sufficient facts and required correction, before terminating for that cause if it persists. Correction must begin without unjustified delay.
This period is not an SLA, a general nonpayment grace period, or permission to neglect a failure. It does not prevent containment and proportionate suspension for security or custody, urgent obligations, remedies for serious incurable breaches, or mandatory rights. It also does not delay refunds or specific deadlines. Expiration does not automatically cut off trips or delete data.
13.4 Export and retention
One standard exit export is included without additional charge, requested before service ends or within 30 calendar days after its effective end. Legitimately retained records within the organization's authority will be delivered securely to its verified representative: structured data in usable formats such as CSV/JSON depending on type, and documents and signatures in their retained format, with necessary relationships, dates, authorship, and context. This excludes others' data, secrets, passwords, or code, and reconstruction of information validly deleted.
The delivery target is 10 business days after a complete request with identity and authority verified, under the support calendar. If complex, the reason and expected date will be communicated without displacing required deadlines. A valid request within the window may be completed afterward. The window does not extinguish other rights or imply 30 days of service, download access, reopening, or renewal.
Correcting export defects attributable to EasyKids does not create another paid export. Migrations or extraordinary assistance require a prior quote and acceptance where appropriate, without charging for obligations owed. Download-link expiration is communicated separately and allows a reasonable secure download or reissue. Closure or an outstanding invoice must not result in improper withholding of data. The DPA retention matrix and justified exceptions will apply; day 30 does not trigger a purge.
13.5 Surviving obligations
Termination does not eliminate accrued obligations or rights that must survive. Intellectual property, valid liability provisions, disputes, retention, and return continue only within their proper scope. Leaving the software does not replace separate termination of transportation.
Preservation of bases, years, and liabilities for earlier events, the reference for later new events, and reactivation are governed by 11.7; defense and indemnification retain their scope under Section 12. These rules do not change export or retention periods and do not independently reactivate service or charges.
The export-request window begins at effective termination of the software service. The separate technical reopening window begins at effective company closure. Those events may occur on different dates; neither window restarts the other, extends paid access, nor establishes automatic deletion.
14. Claims, governing law, and disputes
The parties will attempt in good faith to resolve a dispute directly for 30 calendar days after valid receipt of a written claim with reasonably sufficient information, sent to the verified contractual contact. Agreement is not guaranteed. An extension requires written agreement.
Governing law and forum: Except where mandatory law of a user’s or Customer’s jurisdiction cannot be waived by agreement, these Terms, the DPA, the Refund Policy, and the business subscription relationship are governed by the laws of the Commonwealth of Massachusetts and applicable federal law of the United States, without regard to conflict-of-laws rules or the UN Convention on Contracts for the International Sale of Goods (CISG). If a business dispute between EasyKids and the Customer is not resolved during the 30-day direct negotiation period, judicial actions arising out of the business subscription will be brought in the state or federal courts having jurisdiction in the Commonwealth of Massachusetts (including Berkshire County, Suffolk County, or the U.S. District Court for the District of Massachusetts), unless a public-entity addendum or mandatory statute requires a different forum. This business forum clause does not deprive parents, guardians, children, or individual consumers of mandatory local forum or statutory rights.
Voluntary arbitration and B2B dispute structure: Arbitration occurs only if both parties specifically agree to it in writing for the dispute, with procedure, costs, and scope defined. Within the business subscription relationship between EasyKids and the Customer, commercial claims will be brought by each contracting legal entity in its individual corporate capacity rather than as a commercial class or consolidated representative action, to the extent permitted by applicable law, without restricting individuals’ or consumers’ non-waivable rights. For commercial subscription claims between EasyKids and the Customer (excluding non-waivable statutory rights, data-protection rights, or bodily-injury/custody matters), any court action must be filed within one (1) year after the claimant knew or reasonably should have known of the facts giving rise to the claim, or the shortest longer period required by applicable law, and the 30-day direct negotiation period tolls that contractual period while active.
The direct attempt does not prevent small claims where available, urgent relief, access to authorities, or actions needed to preserve rights. If one notice meets both breach and claim requirements, cure and negotiation may run in parallel: no cumulative 60-day wait is required.
15. Notices and changes
Contractual notices will be directed to authorized recipients through valid channels, preserving text, version, date, and authentic sending and receipt information. Email will be combined with a persistent notice in an authenticated app/panel session, with follow-up on bounces or failures. Sending, delivery to a mail server, display, opening, and acceptance are different events; none is presumed from another.
Material changes require at least 30 calendar days' valid advance notice, with the version, summary, and effective date. For paid subscriptions, they ordinarily apply at a renewal after that period, preserving the contracted period and the option not to renew. Publishing a URL does not retroactively change obligations. Express acceptance is obtained and preserved where required; silence, sending, or use does not independently prove it.
A change needed by a legal requirement or urgent risk may use shorter notice only where law and contract permit, limited to what is necessary and communicated as soon as possible. This exception cannot be used to raise prices or introduce commercial advantages through apparent urgency. The period is not used to maintain inaccurate notices or delay required action.
Acceptance is requested at a safe time, without blocking routes, custody, or pending reconciliation. Rejection or deferral is not acceptance or deletion. Earlier documents and receipts are preserved, not reassigned to another actor or silently replaced. Contractual clocks do not start upon drafting and are not restarted at discretion by requesting irrelevant information.
Order of precedence and language: For entrusted data processing between EasyKids and the Customer, the validly accepted DPA prevails over these Terms in the event of a direct conflict, and these Terms prevail over the Refund Policy, except that no schedule or order may silently alter the coordinated liability caps in Sections 11 and 12 or reduce mandatory privacy rights. Both the English and Spanish versions of the package documents are official and equally authentic, and are constructed to preserve identical mathematical formulas, time windows, and monetary thresholds; if an ambiguity arises in phrasing, both versions will be read together consistently with the language accepted by the user or Customer and the shared mathematical definitions.
16. Identity and contacts
Contact easykids2go@gmail.com for support, privacy, legal notices and billing, or write to EASYKIDS2GO LLC, 82 Wendell Ave., Ste 100, Pittsfield, MA 01201, United States. A different functional address applies only after it has been designated and communicated through a verified channel, with continuity for pending requests. A valid request does not need to be repeated to multiple mailboxes. The accepted service order identifies each party’s contractual, privacy and critical-incident contacts. Receipt and support follow the applicable notice rules and ordinary hours; this is not continuous human monitoring.