Terms of Service

Acceptance of Terms

By accessing or using Childcare Owl (“Service”), you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree to all Terms, do not use the Service. These Terms constitute a legally binding agreement between you and Childcare Owl. You represent that you are at least 18 years of age and have the legal authority to enter into this agreement on behalf of your organization.

Description of Service

Childcare Owl provides a web-based operational task management platform for childcare centers. The Service is provided “as is” and “as available.” We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.

Service Availability and End of Life

We reserve the right to cease operations, discontinue the Service, or terminate the platform at any time, for any reason, with or without notice, at our sole discretion. In the event of a planned shutdown, we will use commercially reasonable efforts to provide at least 30 days advance notice to registered users via email. Upon cessation of operations, all user data will be retained for 30 days following the notice period, after which it will be permanently deleted. We strongly recommend maintaining independent backups of all data entered into the Service. Childcare Owl shall have no liability to you or any third party for any decision to cease operations or discontinue the Service.

Accounts and Registration

You are responsible for maintaining the confidentiality of your login credentials. You are fully responsible for all activity that occurs under your account. You must notify us immediately of any unauthorized account access at support@childcareowl.com. We are not liable for any loss resulting from unauthorized use of your account.

You represent that all registration information is accurate and current, and that you have authority to bind your organization to these Terms. Accounts may not be shared between multiple organizations.

Subscription, Billing, and Cancellation

Subscription fees are billed monthly in advance. By providing payment information, you authorize us to charge your payment method on a recurring basis until you cancel. All fees are non-refundable except as expressly stated herein or required by applicable law.

Your 14-day free trial begins on the date you complete registration and provide payment information. You will not be charged until the trial period ends. You may cancel before the trial ends to avoid any charge.

You may cancel your subscription at any time through your account settings or by contacting support@childcareowl.com. Cancellation takes effect at the end of your current billing period. We do not provide prorated refunds for partial billing periods.

We reserve the right to change pricing with 30 days advance notice to registered users by email. Continued use of the Service after a price change constitutes acceptance of the new pricing.

Failed payments will result in account suspension. We will attempt to notify you by email. If payment is not resolved within 7 days of failure, your account may be permanently terminated and your data scheduled for deletion per our data retention policy.

Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Attempt to gain unauthorized access to any part of the Service or its related systems
• Interfere with or disrupt the integrity, security, or performance of the Service
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Use the Service to store, transmit, or process personally identifiable information about children without appropriate legal authorization
• Resell, sublicense, rent, lease, or otherwise commercialize the Service without written permission
• Use automated scripts, bots, or crawlers to access or collect data from the Service
• Upload or transmit malicious code, viruses, or any software intended to harm the Service or other users
• Impersonate any person or entity or misrepresent your affiliation with any person or entity

We reserve the right to suspend or terminate your account immediately and without notice for any violation of these Terms.

Your Data and Content

You retain full ownership of all data you enter into the Service. By using the Service, you grant us a limited, non-exclusive, royalty-free license to store, process, and display your data solely as necessary to provide the Service to you.

You are solely responsible for the accuracy, legality, and appropriateness of all data you enter into the Service. We do not review user-entered content and assume no responsibility for any data you choose to store in the platform.

Upon account termination, your data will be retained for 30 days and then permanently deleted. You are solely responsible for exporting any data you wish to retain prior to cancellation or termination.

Intellectual Property

The Service, including all software, design, text, graphics, interfaces, and other content created by us, is owned exclusively by Childcare Owl and is protected by copyright, trademark, trade secret, and other applicable intellectual property laws. These Terms do not grant you any rights to our intellectual property other than the limited license to use the Service as described herein. You may not copy, modify, distribute, sell, license, or create derivative works from our intellectual property without prior written permission.

Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY DATA STORED IN THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF ALL CRITICAL OPERATIONAL DATA. RELIANCE ON THE SERVICE AS YOUR SOLE RECORD OF OPERATIONAL COMPLIANCE IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHILDCARE OWL, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO:

• YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE
• ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS
• ANY DECISION TO MODIFY, SUSPEND, OR DISCONTINUE THE SERVICE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICE
• ANY OTHER MATTER RELATING TO THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO CHILDCARE OWL IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Childcare Owl and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of or access to the Service; (b) your violation of any provision of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (d) any data you submit, post, or transmit through the Service; or (e) any claim that your use of the Service caused damage to a third party.

Service Availability and Uptime

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. Scheduled maintenance, infrastructure upgrades, and circumstances beyond our reasonable control — including internet outages, third-party service failures, natural disasters, acts of government, or cyberattacks — may result in temporary or extended service interruptions. We are not liable for any damages, data loss, or business interruption resulting from such events.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Austin, Texas. You expressly waive any right to participate in class action lawsuits, class-wide arbitration, or any other representative proceeding. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms arising from causes beyond our reasonable control, including without limitation acts of God, fire, flood, earthquake, pandemic, war, terrorism, labor disputes, government action, internet or telecommunications failures, or third-party service provider outages.

Termination

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Service ceases immediately. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Childcare Owl regarding the Service and supersede all prior agreements, understandings, and representations relating to the subject matter herein.

Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 14 days advance notice of material changes via email to registered users. Your continued use of the Service after the effective date of changes constitutes your acceptance of the revised Terms.

Contact

Childcare Owl
support@childcareowl.com