Terms of Business

1. Who these terms are for

These Terms of Business apply where an organisation — a school, trust or district, a company or employer, a community group, a Kindnesss Pathways institution or any other non-consumer customer — uses Kindnesss. They are an agreement between that organisation ("you", "the Organisation") and Global Solutions Management LLC, a Delaware limited liability company, United States ("Kindnesss", "we", "us"), operating the Kindnesss website and application at https://joinkindnesss.com.

Our Terms of Service continue to apply to individual and family use of Kindnesss, and to each individual person who uses the service. Where these Terms of Business and the Terms of Service conflict in relation to an Organisation's use, these Terms of Business apply for that use.

2. Authority to bind the Organisation

The person who creates an organisation Circle, purchases a plan or accepts these terms confirms that they are at least 18 years old and are authorised to enter into these terms on behalf of the Organisation and to commit the Organisation to the fees involved.

If you do not have that authority, do not create an organisation Circle or purchase a plan. We may ask for confirmation of authority before provisioning or continuing an organisation Circle.

3. The service and organisation Circles

Kindnesss is a hosted, subscription encouragement and record-keeping product. An organisation Circle gives your administrators a console for creating missions and prompts, organising people into teams, classes, groups or units, reviewing completions, and seeing aggregate participation and impact information.

Administrator roles are set by you. Owners can manage the Circle, its people and its plan. Other administrator or staff roles have narrower rights. You are responsible for who you appoint, for the scope of the rights you give them, and for removing access promptly when a person's role changes or ends.

Participants in an organisation Circle are adults (18+) with their own Kindnesss accounts, except where a school or Pathways programme includes minor participants under the arrangements described in our Children & Family Privacy Notice. Kindnesss does not provide stranger-to-child messaging, public participant profiles or precise location features.

4. Self-service plans, written orders and order of precedence

Self-service organisation plans are purchased online at the price, seat limit and term shown at the point of purchase. District, multi-site, enterprise, funded and other custom arrangements may instead be provided under a separate written order or agreement signed by both parties.

Where a signed written order or agreement exists between you and us, that document prevails over these Terms of Business to the extent of any conflict for that customer. In the absence of a signed order, the order of precedence is: (1) these Terms of Business, (2) the School & Organisation Data Processing Terms, (3) the Acceptable Use Policy, (4) the Subscription, Billing, Cancellation & Refund Policy, and (5) the Terms of Service.

Purchase order terms, vendor portal terms or supplier terms that you issue do not apply to us unless we have accepted them in a signed written document.

5. Term, seats, fees, renewal and cancellation

Organisation plans are annual. Each tier includes a seat limit that corresponds to the plan purchased, and that limit is enforced by the service. If you need more seats, you can move to a higher tier or discuss a separate arrangement with us.

Prices are shown in United States dollars on our pricing pages. Paid subscriptions are sold and processed by Dodo Payments acting as Merchant of Record. Dodo is the seller of record for those transactions, presents its own buyer terms and privacy notice at checkout, and is responsible for payment processing and for collecting any applicable sales, use, VAT, GST or similar taxes. Fees are exclusive of such taxes unless the checkout states otherwise.

Subscriptions renew annually in line with the terms presented at checkout until cancelled. Cancellation, renewal and refund handling are described in our Subscription, Billing, Cancellation & Refund Policy. Cancelling a subscription is separate from deleting your data.

Kindnesss does not currently offer invoicing, purchase-order billing or offline payment as a self-service option. Where an alternative billing route is agreed, it will be recorded in a separate written order.

6. Your obligations as an Organisation

You remain responsible for safeguarding and duty-of-care decisions relating to your participants. Nothing in Kindnesss transfers any safeguarding, supervision, employment or pastoral responsibility to us.

• Use Kindnesss only for lawful purposes and in line with your own policies, including your safeguarding, HR, wellbeing and data-protection policies.
• Confirm that you have the authority and the lawful basis to add each participant and to set missions for them, and provide participants with any notice or information your own obligations require.
• Keep administrator credentials secure, use unique credentials per person, and never share an administrator account.
• Review and remove administrator and participant access promptly when roles change or people leave.
• Keep invitation links and any participant access links private, and treat them as sensitive.
• Supervise the real-world activity involved in any mission. Kindnesss is an encouragement and record-keeping tool and does not supervise, verify or safeguard any activity.
• Tell us promptly if you become aware of unauthorised access to your Circle or misuse of the service.

7. Acceptable use

Our Acceptable Use Policy forms part of these terms and applies to every administrator and participant in your Circle. It sets out conduct and content that is not permitted, including anything unsafe, unlawful, harassing, discriminatory or exploitative, and any attempt to probe, scrape or interfere with the service.

You are responsible for the acts and omissions of your administrators and participants in relation to the service as if they were your own.

8. Data protection

Where we process personal information on your behalf in connection with your organisation Circle, our School & Organisation Data Processing Terms describe the processing, the categories of data, the service providers we use, retention and the controls available to you. Those terms are incorporated into these Terms of Business by reference.

The published School & Organisation Data Processing Terms are a public due-diligence document. They are not themselves an executed data processing agreement. If your organisation requires a signed data processing agreement, standard contractual clauses or a supplementary information-security or safeguarding schedule, please contact us through the organisation enquiry form so that a separate document can be agreed and signed.

Each party will comply with the data-protection law that applies to it. Nothing on our public pages states or implies that Kindnesss has been assessed, certified or approved as compliant with any particular data-protection or education regime, and we do not make such a claim here.

Requests from participants relating to their personal information can be submitted through our Privacy Request form, and we will handle them in accordance with applicable law and, where relevant, with your instructions as controller.

9. Confidentiality

Each party may receive non-public business information from the other in connection with these terms, including pricing that is not published, security and diligence material, and product plans. Each party will use that information only for the purpose of the relationship, protect it with reasonable care, and disclose it only to people who need it and who are bound by similar obligations.

This does not apply to information that is or becomes public without breach, was already known, is independently developed, or must be disclosed by law — and in the last case the disclosing party will, where lawful, give reasonable notice.

10. Your content and data

You keep the rights in the content and data your Organisation and its participants put into Kindnesss. You grant us a limited, non-exclusive licence to host, store, transmit, display and process that content solely to operate, secure, support and maintain the service for you, and to meet our legal obligations.

We do not sell your content or your participants' personal information, we do not use it for behavioural advertising, and we do not use it to train third-party advertising or profiling systems. We may produce and use aggregated, de-identified statistics that do not identify you or any individual.

11. Our intellectual property

Kindnesss, the Kindnesss name and logo, the site and product design, the software, the mission and idea library we publish and our written material belong to us or our licensors. Subscribing gives you a limited, non-exclusive, non-transferable right to use the service during your subscription term for your own internal programme.

You may not copy, scrape, resell, sublicense, white-label, reverse engineer or create derivative works from the service except where the law expressly permits it. Neither party may use the other's name or marks publicly without prior written permission.

12. Service, security, availability and changes

We work to keep Kindnesss available, reliable and secure, and we apply access controls, role-based permissions and database-level access rules to keep Circles separated. We do not promise uninterrupted or error-free operation, and we do not offer a contractual uptime commitment or service credits under these self-service terms. Any service-level commitment must be agreed in a separate signed order.

Support is provided by email on a reasonable-efforts basis during business hours.

We may change, add or remove features, and we may update these terms. Where a change materially affects your Organisation, we will take reasonable steps to bring it to your attention. Continued use after a change takes effect means the Organisation accepts the updated terms.

13. Suspension and termination

We may suspend or restrict an organisation Circle, an administrator account, an access link or specific content where we reasonably believe it is necessary for safety, child protection, security, legal compliance, non-payment, or to address a breach of these terms or the Acceptable Use Policy. Where it is reasonable to do so, we will tell you and give an opportunity to put things right.

Either party may end the relationship at the end of the then-current subscription term by cancelling in line with the Subscription, Billing, Cancellation & Refund Policy. Either party may end it sooner for a material breach that is not remedied within 30 days of written notice.

On termination, access to the organisation Circle ends. Before termination you can export or record the information you need from the console. Deleting a Circle removes its participants, missions, completions, credits and activity from the live service, subject to the retention described in our Privacy Notice and to records we must keep by law. Cancelling a subscription does not by itself delete data, and deleting data does not by itself create a refund entitlement.

14. Warranties and disclaimers

Each party warrants that it has the authority to enter into these terms. We warrant that we will provide the service with reasonable skill and care.

Kindnesss is an encouragement and record-keeping tool. It is not a safeguarding service, a supervision or monitoring service, a childcare service, an emergency service, a payroll, benefits or financial service, an HR system of record, or a source of professional, legal, educational or clinical advice. It does not replace the judgement and responsibility of a school, employer, community organisation, guardian or professional.

Except where the law does not allow it, and except for the express warranties above, the service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied or statutory.

15. Liability

To the fullest extent permitted by applicable law, neither party is liable for indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, goodwill, anticipated savings or data, arising in connection with these terms.

Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or under non-waivable law. Where a limitation is not permitted in your jurisdiction, it does not apply to you.

We are not stating a monetary liability cap or a specific damages formula in this public document. Where an Organisation requires an agreed liability position, that position will be set out in a separate signed order or agreement between the parties.

16. Money, rewards and Kindness Credits

Kindnesss records the pledge only. We never collect or transfer the reward. Where an administrator or a trusted adult records a reward — money, savings, a charitable donation, a treat, time together or something custom — that record is a description entered by that adult. Kindnesss does not collect, hold, escrow, transfer, settle or pay any reward, and takes no responsibility for whether a reward is given.

Any reward, incentive, prize or recognition offered through an organisation programme is arranged and fulfilled by the Organisation, away from Kindnesss. The Organisation is responsible for the lawfulness of what it offers, including any employment, tax, payroll, benefits, gambling, promotion or education-sector implications.

Kindness Credits are a non-monetary encouragement. They have no cash value and cannot be bought, sold, transferred or redeemed.

17. The 20% Impact Promise

20% of every paid Kindnesss subscription fee supports charitable causes doing good in the real world.

Kindnesss and Global Solutions Management LLC are a commercial product and a commercial company, not a charity. An organisation subscription is a purchase of a service, not a donation by the Organisation. It is not presented as tax-deductible, and we do not issue donation receipts for a subscription.

Organisations listed on our impact pages as prospective are prospective only. Listing does not imply a partnership, an endorsement or that any allocation has been made.

18. General

Neither party may assign these terms without the other's consent, except to a successor of substantially all of its business. Neither party is liable for a failure caused by events beyond its reasonable control. If a provision is unenforceable, the rest continues to apply. A failure to enforce a right is not a waiver of it. There are no third-party beneficiaries. Notices to us should be sent to the business email below.

Kindnesss is operated from the United States and is used internationally. Which law applies, and where a dispute may be brought, depends on applicable mandatory law and on any separate written agreement between the parties. That question is deliberately left open in this public document rather than decided here, and it will be settled in a signed order or agreement where an Organisation requires certainty.

19. Contact and business enquiries

Kindnesss is operated by Global Solutions Management LLC (Delaware State File No. 10420698), whose registered agent is Harvard Business Services, Inc. at 16192 Coastal Highway, Lewes, DE 19958, USA. That address is a registered-agent address, not a customer-service office, and the registered agent does not handle Kindnesss enquiries or requests.

Business, procurement, district, enterprise, data-processing and due-diligence enquiries: contact@global-solutions-management.com, or through our organisation enquiry form. Privacy and data-rights requests should be submitted through our Privacy Request form so that they are logged and tracked.