Service Level Agreement (SLA)

Effective Date: January 1, 2026

Overview

This Service Level Agreement ("SLA") defines the service commitments, performance standards, and support levels that Kids on the Yard provides to school districts, educational institutions, and organizational clients ("Institutional Clients") under our School Solutions programs.

This SLA is incorporated by reference into your Master Service Agreement with Kids on the Yard.

1. Service Availability

1.1 Platform Uptime

1.2 Uptime Calculation

Uptime percentage = ((Total minutes in month - Downtime minutes) / Total minutes in month) × 100

Excluded from Downtime:

• Scheduled maintenance (with 48-hour notice)
• Emergency maintenance for security issues
• Issues caused by Client's systems or internet
• Force majeure events
• Third-party service outages beyond our control

1.3 Scheduled Maintenance Windows

• Primary Window: Sundays, 2:00 AM - 6:00 AM ET
• Secondary Window: Weeknights, 12:00 AM - 4:00 AM ET
• Notice: 48 hours advance notice for planned maintenance
• Emergency Maintenance: Immediate notification during/after

2. Staff Placement Services

2.1 Placement Commitments

2.2 Staff Qualifications

All placed staff meet minimum requirements:

• Background check clearance
• Required certifications/credentials
• Reference verification
• Kids on the Yard orientation completed
• Role-specific training completed

2.3 Replacement Guarantee

If placed staff does not meet expectations:

• First 30 days: Replacement at no additional placement fee
• After 30 days: Replacement with reduced placement fee
• Performance issues: Address within 5 business days of notification

3. Support Services

3.1 Support Tiers

3.2 Support Channels

3.3 Dedicated Support

Institutional Clients receive:

• Account Manager: Dedicated point of contact
• Monthly Check-ins: Scheduled review meetings
• Quarterly Business Reviews: Performance and planning
• Annual Planning: Service optimization and renewal

4. Reporting and Communication

4.1 Standard Reports

4.2 Custom Reporting

• Custom report development available upon request
• Integration with school SIS systems where technically feasible
• Data exports in standard formats (CSV, PDF, Excel)

4.3 Communication Standards

5. Service Credits

5.1 Uptime Credits

If monthly uptime falls below target:

5.2 Credit Request Process

1. Submit credit request within 30 days of incident
2. Include dates, times, and impact description
3. Review completed within 10 business days
4. Approved credits applied to next invoice

5.3 Credit Limitations

• Maximum credit: 30% of monthly fees per month
• Credits are sole remedy for SLA failures
• Credits do not apply to free or trial services
• Credits expire if not claimed within 60 days

6. Security and Compliance

6.1 Data Security

Kids on the Yard maintains:

• security controls informed by the principles of SOC 2 Type II (Kids on the Yard is not formally SOC 2 certified; security practices are informed by the standard)
• Encryption in transit and at rest
• Regular security assessments
• Incident response procedures
• Staff security training

6.2 Compliance Support

For Institutional Clients, we support compliance with:

• FERPA (education records)
• COPPA (children under 13)
• HIPAA (where applicable for health data)
• State student privacy laws
• ADA (accessibility)

6.3 Data Processing Agreement

A Data Processing Agreement (DPA) is available for Institutional Clients. See Data Processing Agreement.

7. Implementation and Onboarding

7.1 Implementation Timeline

7.2 Training Provided

• Administrator portal training
• Teacher/staff orientation
• Parent portal overview (if applicable)
• Ongoing training resources and documentation

8. Escalation Process

8.1 Escalation Path

8.2 Emergency Escalation

For student safety or critical service failures:

• Emergency line available 24/7
• Executive notification within 1 hour
• Root cause analysis within 24 hours

9. Term and Modifications

9.1 SLA Term

This SLA is effective for the duration of your service agreement and is reviewed annually.

9.2 Modifications

• 60 days notice for material changes
• Changes do not affect pending credit claims
• Client may terminate if material adverse change

10. Contact Information

School Solutions Team Kids on the Yard Limitless Virtue LLC 9701 NE 2nd Ave, Suite #1069 Miami Shores, Florida 33138 U.S.A

Related Documents

• School Solutions Terms
• Data Processing Agreement
• Privacy Policy
• Master Terms of Service

This SLA is subject to the terms and conditions of your Master Service Agreement with Kids on the Yard.

FERPA School Official Under Contract Framework

When Kids on the Yard provides services under a contract with a school or school district that receives federal funding, Kids on the Yard is bound by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g and 34 CFR Part 99, as a "school official with legitimate educational interest" under 34 CFR Section 99.31(a)(1)(i)(B). Kids on the Yard satisfies all four required criteria of that regulation:

1. Performs an institutional service or function for which the contracting school would otherwise use its own employees;
2. Is under the direct control of the contracting school with respect to the use and maintenance of education records;
3. Uses education records only for the authorized purposes described in the school district contract; and
4. Does not redisclose personally identifiable information from education records to any other party without the school's authorization or as otherwise permitted under FERPA.

For records received from or generated under a school district contract, FERPA is a binding legal obligation of Kids on the Yard, not a voluntary commitment. Kids on the Yard also complies with applicable state student data privacy laws, including:

• California: Student Online Personal Information Protection Act (SOPIPA), Cal. Bus. & Prof. Code Section 22584
• Florida: Fla. Stat. Section 1002.222 (Student records)
• New Jersey: N.J.S.A. 18A:36-35 (Student records)
• Montana and South Carolina: applicable state student data privacy provisions

For families who engage Kids on the Yard directly (parent-paid services not contracted by a school district), FERPA does not apply directly to Kids on the Yard, and student information is governed by the Kids on the Yard Privacy Statement instead.

In-Person Safety and Child Protection

Kids on the Yard maintains strict in-person service rules to protect students, families, and educators. These rules apply to all in-person services without exception.

No Transportation of Students

Kids on the Yard educators NEVER transport students by any means, including private vehicle, public transit, walking, or any other method. This rule applies in all circumstances, including:

• Walking a student home from school
• Walking a student to or from a session location
• Driving a student between locations
• Accompanying a student in any form of transportation

In a medical emergency, Kids on the Yard educators call 911 and remain with the student until emergency services or a parent/guardian arrives. Educators do not transport students even in emergency situations.

Two-Adult Rule

In-person sessions are not conducted in true one-on-one isolation. A second responsible adult (a parent, legal guardian, school staff member, Kids on the Yard staff member, or other approved adult) must be present in the home, school, facility, or public space where the session occurs. The two-adult rule protects both students and educators from misunderstanding and risk.

Parent or Guardian Present in Home

For in-person sessions delivered in the student's home, a parent or legal guardian (or another responsible adult designated in writing by the parent) must be present in the home and reachable for the entire duration of the session. Kids on the Yard educators are instructed to end the session and notify the Care Team if no parent or designated adult is present.

Background Screening (Checkr)

All Kids on the Yard educators who provide in-person services undergo background screening through Checkr, a professional third-party background screening provider, including:

• National and state criminal background checks
• Sex offender registry checks
• Continuous monitoring with periodic re-verification
• A tiered disqualification framework with a child-safety overlay

For California in-home services, Kids on the Yard educators must be enrolled in the California TrustLine Registry (operated by the California Department of Social Services) before the educator may provide services in a client's home. For school-contracted services in California and other jurisdictions that require fingerprinting, Live Scan fingerprinting is performed per the contracting school district's requirements at no cost to the educator.

Mandated Reporters

All Kids on the Yard educators who work with minors are mandated reporters of suspected child abuse or neglect under the laws of the states where Kids on the Yard operates:

When a Kids on the Yard educator has reasonable cause to suspect that a child has been abused or neglected, the educator is legally required to report the suspicion to the appropriate state child welfare agency or law enforcement, regardless of any general confidentiality obligation owed to the family.

30-Day Cancellation with Reduction-Then-Cancellation Protection

Subscription cancellations require a minimum of 30 days written notice. A request to reduce, downgrade, pause, or modify service hours does NOT reset, restart, or shift the 30-day cancellation notice window. The 30-day notice runs from the date Kids on the Yard receives the written cancellation request, regardless of any prior plan modification. See the Refund Policy for the full Reduction-Then-Cancellation Protection clause.

In-Person Service Area (United States Only)

Kids on the Yard provides in-person services nationwide across the United States only. Availability at any specific address is determined at the ZIP-code level based on current staff capacity and scheduling, which changes frequently; contact [email protected] to confirm whether a particular in-person service is available at your location. Kids on the Yard does not offer in-person services outside the United States; international customers may access Kids on the Yard online services, which are available worldwide.