Provider Agreement

This Provider Agreement ("Agreement") is between PlayBook Kids LLC ("PlayBook," "we," "us") and the business or organisation that lists on PlayBook or uses PlayBook Pro ("you"). By creating or claiming a listing, or by using PlayBook Pro, you agree to this Agreement, to our Terms of Service and to our Privacy Policy. The person accepting it confirms they are authorised to bind the business.

1. What PlayBook provides

• Your listing on the PlayBook map, where local families find you.
• PlayBook Pro: booking pages for your classes, camps and other activities ("Activities"); online payments; waivers; registers and attendance; messages to booked families; refunds; and money reports.

PlayBook provides the software and collects payments. You run the Activities, and the agreement to take part in an Activity is between you and the family.

2. Your account and listing

• Keep your business details, listing and Activities accurate and current — including prices, schedules, ages, locations and policies.
• You are responsible for everything done under your account, including by staff you give access to, and for keeping sign-in details secure.
• You must have the right to offer every Activity you list, and to use any names, logos and photos you upload.

3. Fees

• Listing on PlayBook and using PlayBook Pro are free. There is no subscription and no commission on your prices.
• Each card payment carries a payment charge of 3.75% of the amount plus $0.30, unless we agree a different rate with you in writing. It covers card processing and running the service.
• You choose who pays it: added to the family's total as a separate, clearly shown line ("pass on"), or taken from what you receive ("absorb"). You can change this setting at any time; it applies to bookings made after the change.
• The payment charge is not refunded when a booking is refunded, because the card networks do not return it to us. Your refund policy will tell families this.
• Free Activities carry no charge.
• We will give you at least 30 days' notice by email before changing our fees. Changes never apply to bookings already made.

4. Payments and payouts

• Payments are processed by Stripe. To receive money you must open a Stripe connected account and accept the Stripe Connected Account Agreement. Stripe, not PlayBook, collects your bank and identity details.
• You appoint PlayBook as your limited agent to collect payments from families on your behalf. A family's payment to PlayBook counts as payment to you, and we pass it on, less any payment charge you absorb, to your Stripe account. Payouts to your bank follow Stripe's schedule.
• Paid Activities cannot go live until your Stripe account is ready to receive payments. Free Activities can.
• Tell us about any payment error within 60 days of the payout it affects, and we will correct it.

5. Refunds and cancellations

• You set your refund policy in PlayBook Pro. It is shown to families before they pay, and you must honour it.
• You decide refund requests under your policy. Refunds are returned from the amount paid for the booking; if it has already been paid out to you, it is recovered from your Stripe balance or future payouts.
• If you cancel an Activity or any of its sessions, or cannot provide what was booked, you must tell the families affected promptly (PlayBook Pro will email them) and give the refund or credit your policy or the law requires. If you do not resolve a refund owed under your own policy within 14 days of a family's request, we may refund the family and recover the amount from your future payouts.

6. Disputes and chargebacks

If a family disputes a payment for one of your bookings with their bank, you are responsible for the disputed amount and any dispute fee charged by the card network. We will tell you, and you agree to give us the evidence needed to respond (such as the booking, your policy and attendance) within 7 days. If the dispute is lost, we may recover the amount from your Stripe balance or future payouts.

7. Taxes

You are responsible for any sales, use or other taxes on your Activities and for your own income taxes. Stripe may issue you tax forms (such as a Form 1099-K) for payments you receive.

8. Running Activities safely

• You are solely responsible for your Activities: their content, venues, supervision, and the safety and welfare of every child in your care.
• You must hold every licence, permit and registration the law requires, carry insurance appropriate to your Activities, and make sure staff and volunteers are suitably qualified and have passed any background checks required by law.
• You must read and act on the allergy and safety information families give you, and comply with laws on child protection, including any duty to report suspected abuse.
• PlayBook does not vet, supervise or endorse providers, and a listing or badge is not a certification of safety or quality.

9. Waivers

You decide whether to ask families to sign a waiver and what it says. The standard waiver PlayBook offers is a starting point only; it is not legal advice, and you should have yours reviewed by a lawyer. PlayBook stores the signed record but is not a party to the waiver.

10. Families' and children's information

The families who book with you through PlayBook Pro are your customers. The information they give — parents' contact details, children's names, ages, allergies, answers to your questions, emergency contacts, and their bookings, attendance and payments with you ("Family Data") — is your customer record, and PlayBook stores and processes it for you as your registration software. You see your own customers only, never another business's. Because much of it concerns children, you agree that:

• You will use Family Data for your business's relationship with those families — running your Activities, keeping in touch with them, and telling them about your own programs where the law allows — and never sell, rent or share it with anyone else.
• Only your staff may access it, and you will keep it secure, including any copies you print or download.
• You will not ask families for more information about their children than your Activities genuinely need, and will not use PlayBook to collect information directly from children.
• You will delete copies you have made (such as printed registers or downloads) once you no longer need them to run the Activity or meet a legal obligation, and when we ask you to because a family has asked us to delete their information.
• You will tell us within 72 hours of discovering any loss of, or unauthorised access to, Family Data, and help us respond.
• You will comply with all privacy and data protection laws that apply to you.

PlayBook handles Family Data under our Privacy Policy, which applies COPPA's protections to children's information. A family can delete their child's information at any time; you will then keep only an anonymous record of the booking and payment.

11. Your content

You keep ownership of your listing, photos, descriptions and other content. You give PlayBook a non-exclusive, worldwide, royalty-free licence to host, display, adapt (for example, resize) and distribute it to operate and promote the service, including on the map and in marketing about PlayBook, for as long as it is on PlayBook and for a reasonable time afterwards to remove it from materials already made. Each of us may use the other's name and logo only to describe our relationship, and will stop within 5 days of being asked.

12. PlayBook's service

PlayBook owns the service, its software and its design. You may not copy, modify, reverse engineer, resell, scrape or interfere with it, or use it for anything unlawful. We may use aggregated, de-identified information about how the service is used to improve it; it will never identify you, a family or a child.

13. Confidentiality

Each of us will keep the other's non-public business information confidential and use it only for this Agreement, during the Agreement and for 3 years afterwards. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law. Family Data is covered by section 10, without a time limit.

14. Ending this Agreement

• You may stop using PlayBook Pro or close your account at any time. We may end this Agreement with 30 days' notice, or immediately if you seriously breach it, put children or families at risk, or if the law requires it.
• Bookings already made must still be honoured or refunded under your policy. Before closing, you can download your registers and money reports.
• Sections 5–7, 10 and 13–19 continue after this Agreement ends.

15. Disclaimer

We work to keep PlayBook available and accurate, but it is provided "as is" and "as available," without warranties of any kind, express or implied, including fitness for a particular purpose. We do not promise that it will be uninterrupted or error-free, or that it will bring you any number of bookings.

16. Indemnity

You will defend and indemnify PlayBook Kids LLC and its members, officers and agents against claims, losses and costs (including reasonable legal fees) arising from your Activities — including any injury, illness or loss suffered by a child or anyone else — from your content, from your misuse of Family Data, from taxes you owe, or from your breach of this Agreement or the law.

17. Limitation of liability

To the fullest extent the law allows, PlayBook is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. PlayBook's total liability under this Agreement is limited to the greater of US$100 and the payment charges PlayBook received from your bookings in the 12 months before the claim. Nothing in this Agreement limits liability that cannot be limited by law.

18. Changes to this Agreement

We may update this Agreement. We will email you at least 30 days before a change that materially affects you takes effect. If you keep using PlayBook after that, the change applies; if you do not agree, you may close your account.

19. General

• This Agreement is governed by the laws of the State of New York, without regard to conflict-of-laws rules. Disputes will be brought exclusively in the state or federal courts in Nassau County, New York.
• This Agreement, the Terms of Service, the Privacy Policy and any written rate agreement are the whole agreement between us; if they conflict on fees, the written rate agreement wins, and otherwise this Agreement does.
• You may not transfer this Agreement without our written consent; we may transfer it as part of a merger, acquisition or sale of our business.
• Neither of us is responsible for delays caused by events beyond reasonable control. We are independent businesses; this Agreement creates no partnership, employment or agency, except the limited payment collection agency in section 4.
• Notices to you go to the email address on your account; notices to us go to admin@theplaybookapp.com. If any part of this Agreement cannot be enforced, the rest still applies, and not enforcing a term is not a waiver of it.

Contact us

Questions about this Agreement: admin@theplaybookapp.com, or PlayBook Kids LLC, 211 East 43rd Street, 6th Floor, PMB 70417, New York, NY 10017.