Terms of Service

By creating an account or using the Childcarious platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization (such as a childcare facility or business), you represent that you have the authority to bind that organization to these Terms.

You must be at least 18 years of age to create an account and use the Service. The Service is primarily designed for use by childcare facility operators, administrators, and staff. Parents and guardians may also access certain features of the Service through invitation by a facility operator. Children do not access the Service directly.

Childcarious is a cloud-based software-as-a-service (SaaS) platform designed to help childcare providers manage their facilities. The Service includes features such as:

• Classroom and enrollment management
• Attendance tracking and reporting
• Tuition billing and payment processing
• Parent and guardian communication
• Staff management and scheduling
• Curriculum and lesson planning
• Reports and analytics

To use the Service, you must create an account by providing accurate and complete information, including your name, email address, facility name, and business address. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to notify Childcarious immediately of any unauthorized use of your account. Childcarious is not liable for any loss or damage arising from your failure to safeguard your account credentials.

The Service is offered through tiered subscription plans. Current plans include:

• Starter — for facilities with 1 to 12 children
• Medium — for facilities with 13 to 35 children
• Large — for facilities with 36 to 100 children

Plans are available on a monthly or annual billing cycle. Annual plans include a discount compared to monthly pricing. All prices are listed in U.S. dollars and are subject to change with prior notice.

Payment is processed securely through Stripe. By subscribing, you authorize Childcarious to charge your payment method on a recurring basis until you cancel your subscription. You are responsible for keeping your payment information current.

New subscribers may be eligible for a 14-day free trial. During the trial period, you will have full access to all features of your selected plan. A valid payment method is required to start a trial.

If you do not cancel before the trial period ends, your subscription will automatically convert to a paid plan and your payment method will be charged. You may cancel at any time during the trial without being charged.

You are solely responsible for the accuracy, legality, and appropriateness of all data you enter into the Service, including but not limited to:

• Facility information (name, address, operating details)
• Staff records (names, contact information, roles)
• Child records (names, dates of birth, medical and allergy information, emergency contacts)
• Parent and guardian contact information
• Attendance records
• Billing and payment records

You represent and warrant that you have all necessary rights and consents to provide this data to Childcarious and to use the Service for its intended purpose.

The Childcarious platform is designed for use by adult childcare facility operators, administrators, and staff. The Service does not collect personal information directly from children under 13.

When you enter child records into the platform, you act as the data controller for that information. Childcarious processes this data on your behalf as a data processor. You are responsible for obtaining all necessary consents from parents and guardians before entering their children's information into the Service.

Parents and guardians may request access to, correction of, or deletion of their child's data by contacting you (the facility operator) directly.

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or its systems
• Share your account credentials with unauthorized individuals
• Use automated tools to scrape, crawl, or extract data from the Service
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service for any purpose other than childcare facility management

Childcarious and its licensors retain all rights, title, and interest in the Service, including all software, designs, trademarks, and content. These Terms do not grant you any rights to use Childcarious trademarks or branding.

You retain all rights to the data you enter into the Service. By using the Service, you grant Childcarious a limited license to process your data solely for the purpose of providing and improving the Service.

The Service integrates with third-party providers to deliver core functionality:

• Stripe — for payment processing and subscription billing
• Google reCAPTCHA Enterprise — for fraud prevention and bot detection
• Mailgun — for transactional email delivery
• Microsoft Azure — for cloud hosting and infrastructure

Your use of these third-party services is subject to their respective terms and privacy policies. Childcarious is not responsible for the practices or availability of third-party services.

Childcarious strives to maintain high availability of the Service but does not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that affect your use of the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Childcarious does not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any data stored on the Service will not be lost or corrupted. The Service is a management tool and is not a substitute for your legal, regulatory, or licensing obligations as a childcare provider.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHILDCARIOUS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE, OR INTERRUPTION OF BUSINESS.

CHILDCARIOUS'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO CHILDCARIOUS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

You agree to indemnify, defend, and hold harmless Childcarious and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service or violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any data you enter into the Service, including child records and personal information
• Your failure to obtain necessary consents from parents, guardians, or staff before entering their data into the Service

You may cancel your subscription at any time by contacting us at [email protected]. Upon cancellation, your access will continue until the end of your current billing period.

Childcarious may suspend or terminate your account if you violate these Terms, fail to pay applicable fees, or if required by law. Upon termination, we will make reasonable efforts to allow you to retrieve your data. You may request a copy of your data by contacting support. Data that is not retrieved will be permanently deleted within a reasonable period following termination.

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the courts located in King County, Washington.

We may update these Terms from time to time. When we make material changes, we will notify you by email or through a notice on the Service. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms.

If you have questions about these Terms of Service, please contact us at:

Email: [email protected]