Terms of Service

Effective: 2025

These Membership Terms of Service ("Terms"), which includes an agreement to arbitrate and consent to electronic communications, govern your access to and use of services provided by MissPoppins ("MissPoppins", "we", "us", or "our"), including the MissPoppins website located at MissPoppins.io, the MissPoppins mobile application, membership services that include personal healthcare navigation services, wellness services, communication services, facilitation of access to telehealth services, including certain on-demand app and video-based telehealth services, and other technology-enabled or personal services provided by MissPoppins or its affiliate (collectively, the "Services"). Please read these Terms carefully before using the Services. By accessing or using the Services you agree to be bound by these Terms. If you are accepting these Terms for another person ("Family Member") as such Family Member’s parent, guardian, caregiver, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member.

We are a technology platform. Conversations with Coaches utilizing our platform are in no way intended as medical advice or as a substitute for medical treatment. Always consult with your healthcare provider for questions or concerns regarding a condition or symptoms.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING MissPoppins’S PRIVACY POLICY [ Privacy Policy] (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND MissPoppins’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY MissPoppins AND BY YOU TO BE BOUND BY THESE TERMS.

[YOU AGREE TO RECEIVE TEXTS/CALLS FROM OR ON BEHALF OF MissPoppins AT THE PHONE NUMBER YOU PROVIDE TO US. THESE TEXTS/CALLS WILL INCLUDE [ Reminders, Notifications, promotions, updates, payment details, consultations, etc DESCRIBE NATURE OF TEXTS/CALLS]. YOU UNDERSTAND AND AGREE THAT THESE TEXTS/CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.]

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND MissPoppins ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. )]

MissPoppins Service Overview. MissPoppins provides a technology-enabled platform connecting parents with parenting coaches and wellness professionals. We are not a healthcare provider and do not provide medical advice. All guidance offered is for educational and coaching purposes only.

You agree that disputes between you and MissPoppins will be resolved by binding, individual arbitration unless you opt-out in accordance with the dispute resolution process.

As described in Section 12 below, unless you opt-out of arbitration, you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. If you wish to opt out of arbitration, follow the opt-out procedure specified in Section 12.

Updates to the Terms

We may modify these Terms from time to time. We will notify you of material changes by posting the updated terms on our website and the mobile application at least thirty (30) days before the effective date of the changes. If we have your email on file, we will also notify you of material changes to the Terms by email at least thirty (30) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, you should discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the effective date, you will be bound by the updated Terms.

1. Account Registration and Security

When you register for an account, you may be required to provide us with some information about yourself, such as your [name, email address, or other contact information]. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at ask@misspoppins.io.
You may use the Services for your own personal, non-commercial use. If you are registering on behalf of your Family Member, your Family Member may only use the Services for their own personal, non-commercial use. To access certain features of the Services or to become a member, you will have to create an account via the website at www.MissPoppins.io or the MissPoppins mobile app. It is important that you provide us with accurate and complete information for your account, and update as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be responsible for any loss or damage due to your failure to protect your account or your personal information.

Eligibility
You must be at least 18 years old to use our Services. By using the Services, you represent that you meet this requirement and have not been previously suspended or removed. You are responsible for all activities under your account.

Uploaded Content

In the event that you upload any content, to include but not limited to: photographs, comments, video or other digital audiovisual content to any of the Platforms, you grant (by that fact alone) to MissPoppins an exclusive, perpetual, royalty-free, irrevocable, worldwide license to use any and all elements of the uploaded content in connection with and/or as part of MissPoppins’ present or future business, including in connection with and/or any advertising in any or all media, including without limitation, printed publications, presentations, promotional material, events and marketing material, videos, or websites, in perpetuity throughout the world at the discretion and convenience that MissPoppins determines, without requiring your consent or any payment from MissPoppins.

MissPoppins has all right, title and interest in any or all of the results and procedures arising from the use of uploaded content. MissPoppins has the right to transfer the rights of use of the aforementioned Uploaded Content to third parties, including without limitation, any of its parent companies, subsidiaries or affiliates, business partners, licensees, etc. MissPoppins may alter, adapt or edit the Uploaded Content and any other material created under these Terms and Conditions, and market and exploit them in its sole discretion. MissPoppins is not bound to make use of the Uploaded Content or exercise any of the rights guaranteed by these Terms and Conditions.

You may only upload and share content that is your own and not that of a third party; you are solely and entirely responsible for any Uploaded Content that is uploaded by you, in which you display the image, identity and any information of a minor, whether or not you have the consent of his/her parent or guardian. In the event that you are a parent (on any of the Platforms also used by schools), you authorize the school to upload content to the Platforms, provided that such content was obtained on the premises of the school and, as a parent or guardian of such minor, you hereby consent to the use of the image of the minor by MissPoppins.

Also, in the event that you, in respect of a minor, share Uploaded Content on the Platforms (in any of the Applications offered by MissPoppins), then you state under oath that you have, as applicable: (i) the parental authority or guardianship, as the case may be, of said minor, or (ii) the consent of the person who has previously expressed in writing to You the parental authority or guardianship, as the case may be, of said minor.

MissPoppins retains the right to use the shared content to perform analysis, create reports and case studies, etc., to obtain insight into customer behavior and trends.

Child Safety Policy

In the use of the Services on any of the Platforms it is strictly prohibited for You to upload and share Uploaded Content that endangers the emotional or physical well-being of minors. A minor is a person who has not attained the legal age of majority in accordance with the jurisdiction and applicable law of the country concerned.

If You find any Uploaded Content that breaches the foregoing, it is Your duty to report it to us and to the appropriate authorities; including, without limitation, that, if You believe that a minor is in danger, You should contact the public law enforcement agency in the area in which You are located to report the situation immediately.

It is strictly forbidden to upload and share on MissPoppins content that fits, without limitation, in any of these descriptions:

Sexualization of Minors: sexually explicit content in which minors are shown or sexually exploited is not permitted. MissPoppins and You must report content that includes images of child sexual abuse to the appropriate authorities.

Dangerous or Harmful Acts Involving Minors: You must not upload or share images and/or videos in which minors appear participating in dangerous activities or are encouraged to do so. You should not expose yourself, or minors or any third party to risky situations in which You may be injured, such as jokes, challenges or risky activities.

Videos that cause emotional harm to minors: MissPoppins does not admit any content that could inflict emotional harm on minors, either because of the image or the participation in the video at the time of watching it.

Misleading Family Content: You should not upload or share images or videos that mislead users into believing they are intended for families and minors, but include sexual, violent, obscene, or other adult content that is not suitable for younger viewers.

Cyberbullying and Harassment Involving Minors: In all Applications that are part of the MissPoppins Platforms, images, videos and content that incite abuse or humiliation of people, reveal personal information (such as email addresses or bank account numbers), record someone without their consent, sexually harass or encourage others to commit acts of intimidation or harassment are prohibited.

2. Acknowledgement of Annual Membership Fee

MissPoppins charges an Annual Membership Fee (the “Annual Membership Fee”) for access to certain features of the Services. The Annual Membership Fee may be modified by MissPoppins from time to time. Certain members may have access to the Services through their employers, professional affiliations, partnerships, health programs, or other organizations, and as a result, the Annual Membership Fee will not apply to such members.

The Annual Membership Fee covers costs associated with personal services that enhance your healthcare experience, tools to facilitate access to healthcare services, and certain on-demand telehealth services, but are typically not covered by or billed to insurance. Membership services include exclusive personal services such as insurance and billing navigation, advice on provider selection, specialist booking and referral management, 24/7 connection to our services team, digital tools for easy access to MissPoppins and MissPoppins services, including telehealth services, as well as lifestyle and wellness offerings.

The Annual Membership Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Annual Membership Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Annual Membership Fee.

For our paid members, MissPoppins will charge your Annual Membership Fee to your designated billing account. You agree to make the payment using your chosen payment method. If your account is subject to the Annual Membership Fee, you authorize us to charge your chosen payment method the annual membership fee at the time of initial payment and each annual renewal until you cancel. You must cancel your membership before it renews to avoid being charged the Annual Membership Fee for the next year. You can cancel your membership at any time by logging into your MissPoppins account and selecting “cancel membership” or contacting us at ask@misspoppins.io. If you cancel your membership and your subscription term has not expired, you may continue to use the services until the end of your then-current membership term and your membership will not be renewed after your then-current term expiration date. You will not be eligible for a prorated refund of any portion of the annual membership fee paid for the then-current membership period.

If the amount to be charged to you varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Annual Membership Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your account and selecting “Cancel Membership”.

3. Acknowledgement of Service Package Fee

MissPoppins charges for any Service Packages Fee bought on the platform (the “Service Packages Fee”) for access to certain features of the Services provided by Coaches through MissPoppins. The Service Packages Fee may be modified by MissPoppins from time to time. Certain members may have access to the Services through their employers, professional affiliations, partnerships, health programs, or other organizations, and as a result, the Service Packages Fee will not apply to such members.

The Service Packages Fee covers costs associated with personal services that enhance your healthcare experience, tools to facilitate access to healthcare services, and certain on-demand telehealth services, but are typically not covered by or billed to insurance. Services include exclusive personal services such as insurance and billing navigation, advice on provider selection, specialist booking and referral management, 24/7 connection to our services team, digital tools for easy access to MissPoppins and MissPoppins services, including telehealth services, as well as lifestyle and wellness offerings.

The Service Package fees would vary based on the kind of services and coaches you would be consulting with to assist you with any childcare assistance that you might require.

The Service Packages Fee is not a covered benefit under most health insurance plans or other healthcare benefit plans such as the Health Saving Account or Flexible Spending Account. As a result, you acknowledge that you may not be able to submit the Service Packages Fee for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Service Packages Fee for any services bought via MissPoppins.

For our paid members, MissPoppins will charge your Service Packages Fee to your designated billing account. You agree to make the payment using your chosen payment method. If your account is subject to the Service Packages Fee, you authorize us to charge your chosen payment method the Service Packages Fee at the time of initial payment and every month or annual renewal until you cancel. You must cancel your membership before it renews to avoid being charged the monthly or annual service package fee for the next year. You can cancel your service package bought at any time by logging into your MissPoppins account and selecting “cancel package” or contacting us at ask@misspoppins.io. If you cancel your Service Packages and your subscription term has not expired, you may continue to use the services until the end of your then-current membership term and your membership will not be renewed after your then-current term expiration date. You will not be eligible for a prorated refund of any portion of the Service Packages Fee paid for the then-current membership or package period.

If the amount to be charged to you varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), for example, due to an increase in the Service Packages Fee, you have the right to receive, and we will provide, notice of the amount to be charged and the date of the charge at least 30 days before the scheduled date of the transaction. If you do not agree with the new amount in the notice, you may cancel the transaction by logging into your account and selecting “Cancel Membership”.

Users of our Services are responsible for paying any direct or indirect taxes which may apply to them depending on residency, location or otherwise, under provisions of their respective jurisdictions. MissPoppins may be required by applicable laws to charge users of Services with indirect taxes or to withhold taxes. Any amount we will be required to collect may be in addition to the fees for your services, and any amount we will be required to withhold may be deducted from your earnings, as permitted by applicable laws.

4. Free Trials and Other Promotions

Any trial, promotion, or temporary membership (“Trial”) that provides full or partial membership access to the services is made available only to individuals 18 years of age or over, unless otherwise explicitly stated, within the specified time period (“Trial period). Trials are only for the trial members’ personal use, and may not be shared or resold. You may be required to provide your credit card and insurance information when registering for the trial or otherwise during the trial. Membership fees shall be waived or discounted during the trial period in accordance with the associated offer.

For Trials that convert to paid membership at the end of the Trial, if you do not wish to continue as a paid member, you must cancel your Trial membership before the end of the Trial period in order to avoid being charged the annual membership fee. We will send you a reminder, but you may cancel anytime via the “Settings” page in your account, under “Membership and Billing”. If you cancel prior to the end of the trial period but are inadvertently charged the membership fee, please contact us at ask@misspoppins.io for a refund.

If you are a resident of a country other than the United States (U.S.), any Trial may only be used while you are physically located in the U.S. and its territories, and such Trial automatically terminates upon your departure from the U.S. and its territories. You understand and agree that you are not authorized to access the services following such termination, and that Non-U.S. residents may not use the Services outside of the U.S. and its territories.

5. Service Use Termination

You may terminate your use of the Services at any time by not using the Services any more. If you wish to terminate your membership, you can do so by logging into your account and selecting “Cancel Membership”. If you terminate your membership, your membership will remain active until the end of your then-current membership period.

We may terminate the Services or your use of the Services at any time for any reason by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services. We are not required to provide you with notice prior to terminating or blocking your use of the Services or an associated reason. If we terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refund of the paid Annual Membership Fee. If we terminate the Service or your access to the Services other than due to your breach of these Terms or any other agreement you have entered into with us, you will be entitled to a pro rata refund of the Annual Membership Fee that you paid for the remainder of your membership period.

6. Use of the Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right and license to use the Services solely for your personal and non-commercial purposes. Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any other rights in the Services or any component thereof.

The following is a list of the type of actions that you may not engage in with respect to the Services:

You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us;
You will not collect or store any personal information, including personally identifiable information, from others without their express permission;
You will not provide any inaccurate, incomplete, false or misleading information about yourself when using the Services;
You will not allow any other person to use your account, username or password to access the Services, and you will not use your account for any other person; and
You will not assist or permit any person to engage in any of the activities described in this Section.

The Services are intended for use only within the United States and its territories. We make no representation that the Services are appropriate, or are available for use outside the U.S. and its territories. Those who choose to access and use our Services from outside the U.S. and its territories do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws. If you are a resident of a country other than the United States (U.S.), you may use the services only when you are physically located in the U.S. and its territories. You may use the services only when you are physically located in the U.S. and its territories. Your license and right to use the services automatically terminates upon your departure from the U.S. and its territories. You understand and agree that Non-U.S. residents may not use the services outside of the U.S. and its territories.

7. Consent to Electronic Communications

You agree that MissPoppins may send the following to you by email or by posting them on our website and mobile application: legal disclosures; these Terms; Privacy Policy; future changes to any of the foregoing; and other notices, policies, communications or disclosures and information related to the Services. You agree that MissPoppins may contact you via email, phone, text, or mail regarding your MissPoppins membership or the Services. You consent to receive such communications electronically. You agree to update your contact information periodically to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and MissPoppins.

You may also opt-out of certain electronic communications through your account or by following the unsubscribe instructions in any communication you receive from MissPoppins. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.

MissPoppins will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.

7.1. Text Messaging & Phone Calls. You agree that MissPoppins and those acting on our behalf may [call and] send you text (SMS) messages at the phone number you provide us. These [calls and] messages may include operational [calls or] messages about your use of the Service, as well as marketing [calls or] messages. [Calls and] text messages may be [made or] sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such [calls or] messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING [CALLS AND] TEXT MESSAGES FROM MissPoppins, YOU CAN EMAIL ASK@MISSPOPPINS.IO OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL[CALLS AND] TEXT MESSAGES FROM MissPoppins, YOU CAN EMAIL ASK@MISSPOPPINS.IO OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive [calls and] text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing [calls and] texts is not a condition of any purchase on or use of the Service.

7.2Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.

7.3 Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

8. Intellectual Property Rights

MissPoppins and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by MissPoppins or other respective owners.

Ownership; Proprietary Rights. The Service is owned and operated by MissPoppins. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by MissPoppins (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of MissPoppins or its third-party licensors. Except as expressly authorized by MissPoppins, you may not make use of the Materials. There are no implied licenses in these Terms and MissPoppins reserves all rights to the Materials not granted expressly in these Terms.

9. Disclaimers

MissPoppins is not a medical, healthcare, or therapeutic service provider. The Platform is not HIPAA- or PHIPA-compliant and does not process or store Protected Health Information (PHI). The Platform is intended for educational and coaching purposes only and does not substitute for professional medical advice, diagnosis, or treatment. Users should not upload, share, or rely upon sensitive medical records or PHI through the Platform.

To the maximum extent not prohibited by law, under no circumstances will we or any of our licensors, affiliates, employees, officers, directors or agents be responsible for any loss or damage, including personal injury or death, resulting from your use of or inability to use the services, or resulting from any content posted on the services.

To the maximum extent not prohibited by law, the services are provided “as is” and “as available” without any warranties of any kind, and we and our licensors disclaim all warranties, express and implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title and noninfringement, and warranties arising from course of dealing, course of performance and usage of trade. Your use of the services is solely at your own risk. Furthermore, we and our licensors do not warrant that the services will be uninterrupted or error free, or that defects will be corrected. We do not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. Any material obtained through the use of the services is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from any such material. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.

Any general advice that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment of, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you should consult with an appropriately trained and qualified medical services provider.

Privacy for Canadian Users: We abide by Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws when handling your personal information. By using the Services as a Canadian resident, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy and acknowledge that your data may be stored or processed on servers located outside Canada, including in the United States. We will take appropriate safeguards to protect your information, but note that it may be subject to the laws of the country where it is held.

10. Limitation of Liability

MissPoppins is not responsible for any dispute, claim, injury, or damage arising out of or related to interactions between parents/clients and providers. Parents are solely responsible for determining the suitability of any provider and whether to follow any advice, recommendation, or guidance. Providers are solely responsible for the accuracy and legality of the services they offer

To the maximum extent not prohibited by law, in no event will we and our affiliates, licensors, employees, officers, directors or agents be liable for any consequential, exemplary, incidental, special or punitive damages, including, without limitation, those relating to lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, arising out of or in connection with these terms or from the use of or inability to use the services, whether based on contract, warranty, product liability, tort or other legal theory and even if we have been informed of the possibility of such damages. To the maximum extent not prohibited by law, notwithstanding anything to the contrary contained herein, our liability to you arising from these terms, or the use of or inability to use the services will at all times be limited to the greater of $100.00 or the amounts paid by you to us for access to and use of services. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above exclusion may not apply to you.

10.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE MissPoppins ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY MissPoppins ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

10.2 EXCEPT AS PROVIDED IN SECTIONS 17.5 AND 17.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE MissPoppins ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO MissPoppins FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

10.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Exclusive Remedy

If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your membership (if applicable).

12.Dispute resolution & Arbitration

12. 1Agreement to Arbitrate You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at ask@misspoppins.io within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in the Northern District of California. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.

12.2 Arbitration Rules The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

12.3 Arbitration Process A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

12.4 Arbitration Location and Procedure Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

12.5 Arbitrator’s Decision The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.

Compliance with Local Law: If you reside in Canada, the above agreement to arbitrate and class action waiver apply only to the extent permitted by the laws of your province or territory. If the law in your jurisdiction prohibits mandatory arbitration or class-action waivers in consumer contracts, you retain the right to resolve disputes through your local courts despite anything to the contrary in this Section.” This ensures the dispute resolution terms do not override protections granted by certain Canadian provinces (e.g. laws in Ontario and other provinces that restrict enforcement of arbitration or class-action waivers in consumer agreements).

12.6 Opt-Out If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 within 30 days after the date that you agree to these Terms by sending a letter to MissPoppins Inc., Attention: Legal Department – Arbitration Opt-Out, B-10, #333, 4546 El Camino Real, Los Altos, California 94022, United States, that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once MissPoppins receives your Opt-Out Notice, this Section 17 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

12.7 Commencing Arbitration Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). MissPoppins Inc.’s address for Notice is: B-10, #333, 4546 El Camino Real, Los Altos, California 94022, United States. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or MissPoppins may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, MissPoppins will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid.

12.8 Arbitration Proceedings Any arbitration hearing will take place in the county and state of your residence or billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules. During the arbitration, the amount of any settlement offer made by you or MissPoppins must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

12.9 Arbitration Relief Except as provided in this section, the arbitrator can award any relief that would be available in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by MissPoppins before the arbitrator was selected, MissPoppins will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes injunctive relief, that party may seek judicial review from a court of competent jurisdiction not bound by the arbitrator's legal conclusions.

12.10 No Class Actions YOU AND MISSPOPPINS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and MissPoppins agree otherwise, the arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding.

12.11 Modifications to Arbitration Clause If MissPoppins makes substantive changes to this arbitration provision, you may reject them within 30 days of notice by sending written notice to our Notice of Arbitration address. In this case, your account will be terminated, and the original arbitration terms will survive.

Enforceability If any part of this section is found to be unenforceable or if you opt out, the remainder shall remain in effect, and disputes will be resolved in the courts described.

12.12 Quebec Language and Consumer Rights: The parties confirm that it is their express wish that these Terms of Service and all related documents be drawn up in English only. Les parties confirment que c’est leur volonté expresse que la présente entente ainsi que tous les documents s’y rattachant soient rédigés en anglais seulement. If you are a resident of Quebec, notwithstanding any other provision in these Terms, you will not be bound by any clause that (a) requires arbitration of disputes, (b) restricts your right to go to the courts or to initiate/join a class action, (c) selects a governing law other than the laws of Quebec and Canada, or (d) fixes a forum outside Quebec. For greater clarity, Quebec consumers retain their right to resolve disputes in the courts of Quebec under Quebec law, as permitted by the Quebec Consumer Protection Act.

13. Non-solicitation of Clients

You recognize that by virtue of your engagement with MissPoppins you will be introduced to and involved in the solicitation and servicing of existing clients of MissPoppins and new clients obtained by us during your engagement as Coaches. You understand and agree that all efforts expended in soliciting and servicing such clients shall be for the permanent benefit of MissPoppins You further agree that during your engagement with MissPoppins you will not engage in any conduct which could in any way jeopardize or disturb any of MissPoppins’s client relationships. You also recognize our legitimate interest in protecting, for a reasonable period of time after your engagement with us, and our clients. Accordingly, you agree that, for a period beginning on the date hereof and ending one (1) year after termination of your engagement with us, regardless of the reason for such termination, you shall not, directly or indirectly, without the prior written consent of MissPoppins, market, offer, sell or otherwise furnish any products or services similar to, or otherwise competitive with, those offered by us to any client of ours.

14. Links to Third Party Applications and Websites

The Services may allow you to connect your account to applications owned or operated by third parties, including device makers, or may link to other websites that are owned or operated by third parties. We are not responsible, and disclaim all liability, for the privacy, security, performance, and service practices of such third parties, nor are we responsible for any content, advertising, products, services or other materials made available on or through any such third party applications or websites. We make the connections and links available to you only as a convenience, and it is your decision whether to connect to third party applications or access third party websites.

15. General Provisions

These Terms make up the entire agreement relating to your use of the Services, and supersede all prior agreements relating to the subject matter hereof.
These Terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. However, if you reside in Canada, these Terms shall be governed by the laws of your province or territory of residence and the federal laws of Canada applicable therein, without regard to conflict of law principles.
We may change, suspend, or discontinue any of the Services at any time. We will try to give you prior notice of any material changes to the Services, but we are not obligated to do so. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under these Terms to anyone else without our consent.
We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and we have no obligation to keep them confidential.
Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination.
If any provision of these Terms is found by a proper authority to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and remain valid and enforceable, and the invalid or unenforceable provision will be deemed modified to the maximum extent necessary to make it valid and enforceable or, if modification is not permitted by law, the provision will be disregarded.

If you have any questions about these Terms, please contact ask@misspoppins.io.

16. Care Provider Qualifications.

Your care is solely the responsibility of you and your Care Provider(s) and/or Coach(es).

Parents acknowledge that all coaching services are informational and supportive in nature. Parents are solely responsible for evaluating the advice they receive and for any decisions or actions taken based on that advice. MissPoppins does not guarantee outcomes and is not liable for the reliance placed upon provider services.

If you are a parent or guardian seeking advice from Coaches through the use of our Services, you understand and acknowledge that the Coaches may provide guidance and recommendations pertaining to health-related issues. Your decision to follow or implement their advice is voluntary and at your own discretion, and you can cancel the Coaches services to you. Any reliance on the information provided by the Coaches is at your own risk. You should consult with appropriate healthcare professionals or seek advice before making any decisions regarding your or your child’s health or well-being.

All providers, coaches, or experts using the Platform are independent contractors. They are not employees, agents, partners, joint venturers, or representatives of MissPoppins. Providers are solely responsible for the manner and means by which they deliver their services. MissPoppins does not supervise, direct, or control providers in the performance of their services and assumes no responsibility for their conduct.

We attempt to confirm the credentials of all Care Providers and to validate that they are in good standing with their respective licensure board(s). However, we are not responsible for credentialing Care Providers, we make no representation regarding the accuracy of Care Providers’ credentials and we expressly disclaim any liability for fraudulent credentials or claims by Care Providers. In addition, changes in your Care Provider’s professional status could occur between the time we perform an initial credential check and the time you select your Care Provider. We recommend that you separately confirm that your Care Provider is in good standing with his or her respective licensing board(s). As part of our online platform, we may provide profile pages for Care Providers to enable them to post relevant information about their education, training, experience and areas of specialization. Care Providers are solely and exclusively responsible for the content of their respective profiles, and we expressly disclaim any and all liability for the content of the Care Provider profiles, including the accuracy or reliability of any information contained therein.

If you are a Coaches using the Services, you represent and warrant that you have all the necessary licenses, certifications, and qualifications required to provide Services relevant to those pertinent to Services. You further agree to comply with all applicable laws, regulations, MissPoppins and other third-party policies and procedures, that apply to your use of the Services.

Each provider is solely responsible for ensuring they possess and maintain all required licenses, certifications, permits, and approvals to lawfully provide their services in their applicable jurisdiction(s). This includes, without limitation, cross-border compliance for services delivered between U.S. states, Canadian provinces, or across international borders. MissPoppins does not verify, warrant, or guarantee provider compliance with licensing requirements.

MissPoppins does not recommend or endorse any specific Coaches, tests, products, procedures, opinions, or other information that may be mentioned in the course of the provision of Services. Reliance on any information provided by MissPoppins, MissPoppins employees, others appearing on the Services at the invitation of MissPoppins, or other visitors to the Services is solely at your own risk.

Providers acknowledge that services may be delivered across state, provincial, or national borders. Providers are solely responsible for complying with all applicable laws, regulations, and tax obligations related to their cross-border business activities. MissPoppins disclaims all liability for a provider’s failure to comply with such requirements.

Licensure in Canada: If you are a Coach providing services in Canada, you are solely responsible for verifying and maintaining any professional licenses, certifications, or credentials required by the laws of each Canadian province or territory in which you operate. MissPoppins does not verify provincial licensure and expects all Coaches to self-certify compliance with applicable provincial regulatory requirements.

17. Fees and Billing.

You agree that you are solely responsible for all fees or charges for the Services pursuant to the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Website uses Stripe, a third-party payment processor, to securely process payments for Services. The entire payment process, including reimbursements, is handled securely online through Stripe. You may be prompted to enter in a credit or debit card information prior to receiving Services. We ask for your billing information when booking Services to verify your identity and to validate your card for payment to your Care Provider. Stripe accepts all major credit and debit cards as well as certain FSA and HSA cards. Depending upon the Services provided or to be provided, your credit card may be charged prior to your visit with Care Provider(s), upon completion of the Services or upon determination that payment is due in accordance with applicable cancellation policies. Furthermore, you hereby acknowledge that charges to your credit card for Services may be made in installments, some portions of which may be charged prior to delivery of Services and may not be refundable. By providing MissPoppins with your credit card number, you agree that MissPoppins is authorized to immediately charge your account for all fees and charges due and payable to Care Providers in association with Services scheduled or delivered and that no additional notice or consent is required. MissPoppins reserves the right to modify or implement a new pricing structure at any time prior to billing you for your initial payment or for future payments due pursuant to these Terms of Use. All payments for Services shall be made to MissPoppins, and no payments for Services shall be made directly to Care Providers without the prior written consent of MissPoppins.

All charges for the Services are final; any and all charges transacted pursuant to the Services are final and without recourse to MissPoppins and You. In additional, all fees for Services are final, and Services are non-returnable and non-refundable. Services cannot be resold, transferred for value, redeemed for cash or applied to any other account. You acknowledge that MissPoppins is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Services when an account is closed, whether such closure was voluntary or involuntary, whether you made a payment through a platform or any other sites or platforms where we offer our Services.

Canadian Payments and Taxes: All payment processing for Canadian users and Coaches is facilitated through Stripe, our third-party payment processor. Coaches operating in Canada must comply with Stripe’s verification and Know-Your-Customer (KYC) requirements, which may include providing valid identification and banking information to receive payouts. Coaches are independent contractors and are responsible for reporting and paying all applicable taxes on earnings from the platform, including income taxes and any sales or value-added taxes (e.g. GST/HST or QST) required by their province of residence. MissPoppins (and Stripe) may require Coaches to submit certain tax-related information or forms to satisfy Canadian tax law and Stripe’s onboarding policies.”

18. The Digital Millennium Copyright Act of 1998 (“DMCA”)

The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:

(a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); © Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services; (d) The name, address, telephone number, and email address of the complaining party; (e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and (f) A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to these Terms of Use, should be sent c/o Nicky Rishi, PC, 4546 El Camino Real, B-10, #333, Los Altos Hls, California 94022. We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.

Canadian Copyright Complaints: If you are a user in Canada and believe that any content on our platform infringes your copyright under Canadian law, you may notify us in writing with the pertinent details on ask@misspoppins.io. Upon receipt of a valid Canadian infringement notice, MissPoppins will process it in accordance with applicable Canadian copyright laws (similarly to the process described above) and take appropriate action.

19. General Release

The Services do not include the provision of medical care or professional services by MissPoppins. MissPoppins exclusively facilitates transactions, contracts and payments between you and any Care Provider(s) or Coach(es). In the event that you have a dispute with one or more users or a person introduced to you through the Services, you agree to release MissPoppins, and our officers, directors, agents, subsidiaries and employees from any and all claims, demands, and damages, actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. MissPoppins expressly disclaims any liability that may arise between users of the Services or users, the Care Providers, and any other third party.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

You hereby expressly waive and relinquish all rights and benefits under this section and any law or legal principle of similar effect in any jurisdiction with respect to the releases granted herein, including but not limited to the release of unknown and unsuspected claims granted in these Terms.

20. NO WARRANTY.

The Services are provided "as is", and MissPoppins and its agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, any warranties as to the regularity of the updates of the Services, any warranties as to any files the Licensee downloads from the Website or Application being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into this Terms of Service whether by law, statute or otherwise.

To the extent that the law of your jurisdiction does not permit the disclaimer of warranties, the Services are warranted only to the minimum extent legally required.

MissPoppins shall not be responsible or liable to any User for any acts of fraud, theft, misappropriation, tampering, hacking, interception, piracy, misuse, misrepresentation, dissemination, or other illegal or unauthorized activities of third parties. You understand and expressly agree that your use of the Services facilitated by MissPoppins platform is at your sole risk and that you will be solely responsible for any harm to You, or any identifiable person that results from your use of the Services.

In using the Services, you specifically agree that you will not hold MissPoppins, its affiliates, contractors subcontractors or licensees, or any of their respective officers, directors, agents, subsidiaries or employees liable for any damages, injury or loss, including any direct, special, incidental, consequential or punitive damages, or lost profits, that may result from your engagement with a coach and you, personally, as a parent or a guardian in the provision or as a result of the use of, or the inability to use the Services (or any other data, application or linked website) or otherwise relating to or arising out of the website or the content, whether in an action for breach of contract, negligence, personal injury or otherwise.

MissPoppins shall not be held liable, regardless of whether such damages were foreseeable or whether any party or any entity has been advised of such damages. In no event shall the liability of MissPoppins, its officers, directors, employees, agents, representatives, and third-party information suppliers arising out of any claim related to this agreement exceed the aggregate amount paid by participant subscriber hereunder in the 12 months immediately preceding the event giving rise to such claim.

21. Licenses

21.1 Limited License. Subject to your complete and ongoing compliance with these Terms, MissPoppins grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.

21.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

21.3 Feedback. We respect and appreciate the thoughts and comments from our users If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant MissPoppins an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

21.4 Limited License Grant to MissPoppins. By Posting User Content to or via the Service, you grant MissPoppins a worldwide, non-exclusive, [irrevocable,] royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. [All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service.] You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from MissPoppins’s exercise of the license set forth in this Section.

22. Third-Party Terms

22.1 Third-Party Services and Linked Websites. MissPoppins may provide tools through the Service that enable you to export information, including User Content, to third-party services[, including through features that allow you to link your account on the Service with an account on the third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons)]. By using one of these tools, you hereby authorize MissPoppins to transfer that information to the applicable third-party service. Third-party services are not under MissPoppins’s control, and, to the fullest extent permitted by law, MissPoppins is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under MissPoppins’s control, and MissPoppins is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, MissPoppins will have no control over the information that has been shared.

22.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

23 . Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

24.Term, Termination, and Modification of the Service

24.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2.

24.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, MissPoppins may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at ask@misspoppins.io

24.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay MissPoppins any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

24.4 Modification of the Service. MissPoppins reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. MissPoppins will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.

MissPoppins reserves the right to suspend or terminate any parent or provider account, without notice or liability, if in its sole discretion it determines that the user: (i) has violated these Terms; (ii) has engaged in conduct harmful to the reputation, operations, or users of the Platform; (iii) has provided false or misleading information; or (iv) poses a legal or regulatory risk. Upon termination, all rights to use the Platform immediately cease.

25. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify MissPoppins, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “MissPoppins Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

Parents and providers agree to indemnify, defend, and hold harmless MissPoppins, its affiliates, officers, directors, employees, and agents from and against any claims, demands, damages, liabilities, costs, or expenses (including attorneys’ fees) arising out of or related to: (i) their use of the Platform; (ii) their provision or receipt of services; (iii) any violation of applicable laws, regulations, or licensing requirements; or (iv) any misrepresentation, misconduct, or negligence by them.

Giveaway Disclaimer Template:

Giveaway Disclaimer: Participation in MissPoppins giveaways is subject to the official rules and regulations outlined on the post. No purchase necessary to enter or win. Giveaways are open to legal residents of the United States of America who are 18 years of age or older. Winners are selected through a random drawing from all eligible entries. Prizes are non-transferable and cannot be exchanged for cash. By participating, entrants agree to be bound by these terms and the decisions of MissPoppins , which are final and binding in all respects."

AI Integration Disclaimer for Articles:

AI Content Disclaimer: MissPoppins utilizes Artificial Intelligence (AI), including OpenAI's ChatGPT, to supplement our original content and enhance the articles section. While we strive for accuracy and relevance, MissPoppins does not guarantee the AI-generated content's validity. Please consider this when reading AI-assisted articles, and feel free to contact us with any feedback or concerns."

Email Updates, Promotions, and Offers Disclaimer:

Subscription Disclaimer: By signing up for the MissPoppins App, you agree to receive regular updates, promotions, and special offers via email from MissPoppins . These communications are designed to enhance your experience and provide value to your parenting journey. You can unsubscribe at any time by following the instructions in our emails. Your privacy and satisfaction are of utmost importance to us.

Medical Waiver.

I understand MissPoppins is a technology platform and connects you with coaches who may be based out of different geographies. The services are not intended to be a substitute for professional medical advice or treatment. Always consult with your healthcare provider or pediatrician. If this is an emergency, please dial 911 instead

List of hotline numbers.

If you have any questions about these Terms, please contact ask@misspoppins.io.

[Notice Regarding Apple. This Section 19 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and [Company] only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.]

Terms of Service

Effective: 2025

Chaos happens. MissPoppins™makes it effortless.

Chaos happens. MissPoppins™
makes it effortless.