1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the MyDaycareAI platform, website, and all related services (collectively, the “Service”) operated by MyDaycareAI (“we”, “us”, “our”). By creating an account or using any part of the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
If you are using the Service on behalf of a daycare business, you represent that you have the authority to bind that business to these Terms.
2. Description of Service
MyDaycareAI provides a cloud-based, AI-powered daycare management platform that includes:
- Child and family enrollment management
- Attendance tracking with QR code check-in/check-out
- Parent communication and messaging
- Staff management and task assignment
- Financial tracking, invoicing, and payment processing
- Compliance and licensing documentation
- AI-assisted content generation (social media, messages, reports)
- Business insights and reporting dashboards
- Parent portal for family engagement
- Waitlist and inquiry management
The Service is designed for licensed U.S. in-home and center-based childcare providers. Certain features may be added, modified, or removed at our discretion.
3. Account Registration & Responsibilities
- You must provide accurate and complete information when registering.
- You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
- You must notify us immediately at contact@mydaycareai.com of any unauthorized access or suspected security breach.
- You are responsible for the accuracy and lawfulness of all data you enter, including child information, family contacts, and financial records.
- You are responsible for obtaining necessary consents from parents/guardians before entering their or their child's information into the platform.
- You must ensure that all staff you invite have appropriate authorization to access child data.
- One account per daycare entity. Sharing credentials across users is prohibited.
4. Acceptable Use Policy
You agree NOT to:
- Use the Service for any unlawful purpose or in violation of any local, state, or federal law
- Enter false, misleading, or fraudulent information about children, families, or staff
- Attempt to access data belonging to another daycare or unauthorized account
- Reverse engineer, decompile, or attempt to extract the source code of the Service
- Use bots, scrapers, or automated tools to access the Service, except through officially provided APIs
- Upload viruses, malware, or any malicious code
- Resell, sublicense, or redistribute access to the Service without written permission
- Use the AI features to generate content that is harmful, discriminatory, or illegal
5. Subscription Plans & Payments
- Plans: MyDaycareAI offers subscription plans with pricing and features as described on our website or during the onboarding process.
- Billing Cycle: Subscriptions are billed monthly or annually, depending on the plan selected. Payment is processed via Stripe.
- Auto-Renewal: Subscriptions auto-renew at the end of each billing cycle unless cancelled before the renewal date.
- Price Changes: We may adjust pricing with at least 30 days' advance notice. Existing subscribers will be grandfathered at their current rate until the next renewal cycle.
- Cancellation: You may cancel your subscription at any time from the billing settings or by contacting support. Cancellation takes effect at the end of the current billing cycle. No partial refunds are issued for unused time within a cycle.
- Taxes: You are responsible for any applicable sales, use, or value-added taxes related to your subscription.
- Refunds: Refund requests will be evaluated on a case-by-case basis. Contact contact@mydaycareai.com within 14 days of a charge to request a refund.
6. AI-Powered Features
- Not Professional Advice: AI-generated content (social media posts, business insights, draft messages) is provided for informational and productivity purposes only. It is not professional, legal, financial, or medical advice.
- Human Review Required: You are solely responsible for reviewing, editing, and approving all AI-generated content before sharing it with parents, posting publicly, or acting upon it.
- Accuracy: AI models may produce inaccurate, incomplete, or biased outputs. MyDaycareAI does not guarantee the accuracy or appropriateness of AI-generated content.
- Liability: MyDaycareAI is not liable for any damages, disputes, or regulatory issues arising from content generated by AI features and published or acted upon by the user.
7. Data Ownership, Privacy & Security
- Your Data: You retain ownership of all data you enter into the Service (child records, family information, attendance logs, financial data, etc.).
- Our Role: MyDaycareAI acts as a data processor. We process your data only to provide, maintain, and improve the Service.
- Privacy Policy: Our data handling practices are described in our Privacy Policy, which is incorporated by reference into these Terms.
- Compliance Responsibility: You are responsible for complying with applicable childcare licensing regulations, COPPA, FERPA, and state privacy laws regarding the data you enter.
- Security Measures: We implement encryption, access controls, audit logging, and tenant isolation. However, no internet-based service can guarantee absolute security.
- Breach Notification: In the event of a data breach affecting your information, we will notify you in accordance with applicable laws.
8. Intellectual Property
- Platform: The Service, including its software, design, branding, and documentation, is owned by MyDaycareAI and protected by intellectual property laws.
- License: We grant you a limited, non-exclusive, non-transferable license to use the Service for the duration of your active subscription, subject to these Terms.
- Your Content: You retain all rights to the data and content you upload. By using the Service, you grant us a limited license to process your data solely to operate the features you use.
- AI-Generated Content: Content generated by AI features is owned by you to the extent permitted by applicable law. You are responsible for ensuring such content does not infringe third-party rights.
- Feedback: Any feedback, suggestions, or ideas you provide may be used by us without obligation or compensation.
9. Service Availability & Support
- No Uptime Guarantee: While we strive for high availability, the Service may experience downtime for maintenance, updates, or unforeseen issues.
- Scheduled Maintenance: We will attempt to schedule maintenance during low-usage hours and provide advance notice when possible.
- Beta Status: The Service is currently in beta. Features may be experimental, and bugs or data inconsistencies may occur. We recommend maintaining backup records of critical data.
- Support: Support is available via contact@mydaycareai.com. Response times are best-effort and may vary.
10. Disclaimer & Limitation of Liability
- As-Is: The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including fitness for a particular purpose.
- Not Liable For: MyDaycareAI is not liable for: (a) data loss or corruption; (b) inaccurate AI-generated content; (c) business decisions based on insights or reports; (d) unauthorized access to your account due to weak credentials; (e) third-party service failures (Stripe, OpenAI, etc.); (f) any indirect, incidental, special, or consequential damages.
- Liability Cap: To the maximum extent permitted by law, our total aggregate liability for any claim arising from the Service shall not exceed the amount you paid in the 3 months preceding the event giving rise to the claim.
11. Indemnification
You agree to indemnify and hold harmless MyDaycareAI, its officers, employees, and partners from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your misuse of the Service; (b) your violation of these Terms; (c) your violation of applicable laws or third-party rights; or (d) data you enter into the Service.
12. Account Suspension & Termination
- By You: You may cancel your account at any time. Upon cancellation, your data will be retained for 30 days to allow for export, then permanently deleted.
- By Us: We may suspend or terminate your account if you violate these Terms, fail to pay subscription fees, or engage in activity that harms the Service or other users.
- Effect: Upon termination, your license to use the Service ends immediately. Provisions relating to data retention, liability, and intellectual property survive termination.
13. Governing Law & Dispute Resolution
- These Terms are governed by the laws of the United States and the state in which MyDaycareAI is incorporated, without regard to conflict-of-law principles.
- Any disputes shall first be attempted through good-faith negotiation. If unresolved, disputes shall be resolved through binding arbitration rather than litigation in court.
- Class action lawsuits are waived to the extent permitted by law.
14. Changes to These Terms
We may update these Terms periodically. We will notify users of material changes via email or in-app notification at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
15. Contact Us
If you have questions or concerns about these Terms, please contact us at contact@mydaycareai.com.