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Terms of Service

The terms that govern your use of My Childcare App.

Last Updated: 2/20/26

These Terms of Service (“Terms”) govern your access to and use of MyChildcareApp’s website, mobile applications, and related services (collectively, the “Service”) operated by MyChildcareApp, LLC (“Company,” “we,” “us,” or “our”).

By creating an account or using the Service, you agree to these Terms.

1. User Types

The Service may be used by:

1.1 Providers

Childcare centers, home daycares, schools, or administrators using the Service to manage their business.

1.2 Guardians

Parents or legal guardians accessing information relating to their child.

Providers and Guardians have different rights and responsibilities under these Terms.

2. Independent Businesses

Providers are independent businesses.

The Company:

  • Does not employ Providers
  • Does not supervise childcare services
  • Does not control Provider operations
  • Is not responsible for health, safety, licensing, or regulatory compliance

All childcare services are solely the responsibility of the Provider.

We do not verify the qualifications, licensing status, or background of Providers beyond information voluntarily submitted. We do not guarantee the quality, safety, or legality of services provided by any Provider.

3. Account Responsibilities

You are responsible for:

  • Maintaining account security
  • All activity under your account
  • Accuracy of uploaded data
  • Obtaining legally required parental consents

You must keep your registration information accurate and current.

We may suspend or terminate accounts at our sole discretion.

4. Children’s Data & COPPA Compliance

The Service may store personal information relating to children under 13.

The Children’s Online Privacy Protection Act (“COPPA”) applies to such information.

4.1 Service Provider Role

The Company acts solely as a service provider processing child data on behalf of Providers.

We do not directly collect personal information from children.

4.2 Provider Obligations

Providers represent and warrant that they:

  • Have obtained all necessary parental or legal guardian consents, including for uploading or sharing any child-related information (such as photos, videos, and personal records) through the Service
  • Comply with COPPA and all applicable privacy laws
  • Have full authority to upload and manage child information within the Service

You agree to indemnify the Company for any claims arising from failure to obtain required consents.

5. Data Protection Terms (Processor Role)

To the extent we process personal data on behalf of Providers:

  • We process data only to provide the Service
  • We implement commercially reasonable safeguards
  • We restrict internal access to authorized personnel
  • We will delete or return data upon termination (subject to retention policy)
  • We will reasonably assist Providers with data subject requests where legally required

We do not “sell” personal information.

6. Platform Content & Intellectual Property

All software, design elements, interfaces, text, graphics, logos, icons, images, audio, video, compilations, and other materials made available through the Service (“Platform Content”) are owned by MyChildcareApp or its licensors and are protected by intellectual property laws.

Except as expressly permitted in these Terms, you may not:

  • Copy, reproduce, republish, upload, post, transmit, or distribute Platform Content
  • Modify or create derivative works
  • Sell, license, sublicense, or commercially exploit any portion of the Service
  • Remove copyright, trademark, or proprietary notices

Limited functionality allowing you to download or export materials does not transfer ownership or waive these restrictions.

All rights not expressly granted are reserved.

7. User Content & License

You retain ownership of content you submit, upload, transmit, or store through the Service (“User Content”).

To allow us to operate and improve the Service, you grant the Company a:

  • Worldwide
  • Royalty-free
  • Non-exclusive
  • Sublicensable
  • Transferable (in connection with merger or acquisition)

license to host, store, reproduce, modify (for technical purposes), display, distribute, and otherwise use User Content solely in connection with providing and improving the Service.

This license continues for as long as your User Content remains within the Service, including reasonable backup and archival periods.

You represent and warrant that:

  • You have all rights necessary to grant this license
  • Your User Content does not violate any law or third-party rights
  • Required parental or legal consents have been obtained

We may make technical modifications to User Content to conform with network, device, or system requirements.

Deleted content may persist in backups for a commercially reasonable period.

8. Responsibility for User Content

You are solely responsible for all User Content you contribute to the Service.

We do not:

  • Pre-screen all content
  • Guarantee accuracy of user-provided information
  • Endorse any user, Provider, or Guardian

You access content at your own risk.

We are not responsible for errors, omissions, or inaccuracies in user-generated content.

9. No Duty to Monitor

We reserve the right, but have no obligation, to monitor, review, remove, or restrict content or accounts at our discretion.

Failure to monitor does not create liability.

10. Prohibited Conduct

You may not:

  • Violate any law or regulation
  • Upload infringing or illegal content
  • Scrape, crawl, or harvest data
  • Reverse engineer or bypass security
  • Send spam or automated messages
  • Collect personal data of other users without consent
  • Upload malware or harmful code
  • Attempt unauthorized access

We may remove content or suspend accounts at any time.

11. Service Modifications

We may:

  • Modify features
  • Add or remove functionality
  • Suspend or discontinue the Service
  • Restrict access

We are not liable for changes to features or functionality.

12. Communications & SMS Consent

By providing contact information, you consent to receive:

  • Account-related emails
  • Billing communications
  • Product updates

If SMS messaging is enabled:

  • You consent to receive text messages
  • Message and data rates may apply
  • You may opt out by replying STOP

We are not responsible for carrier delays or failures.

13. Payments & Tuition Processing

If Providers use payment features:

  • Payments are processed by third-party processors
  • We are not a bank or financial institution
  • We are not responsible for chargebacks
  • We may suspend accounts for fraud or abuse

Additional payment terms may apply.

14. Third-Party Services & Links

The Service may include links to or integrations with third-party websites, services, or applications.

We do not control and are not responsible for:

  • Third-party content
  • Third-party privacy practices
  • Third-party services

Your interactions with third parties are solely between you and the third party.

You assume all risk arising from use of third-party services.

The Service complies with the Digital Millennium Copyright Act (“DMCA”).

To report copyright infringement:

DMCA Agent MyChildcareApp support@mychildcareapp.com

Repeat infringers may be terminated.

16. App Store Terms (Apple Users)

If you access the Service through Apple:

  • Apple is not responsible for the Service
  • Apple has no maintenance obligations
  • Apple is a third-party beneficiary of these Terms
  • Use must comply with Apple’s App Store terms

17. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

We disclaim all warranties, including:

  • Merchantability
  • Fitness for a particular purpose
  • Regulatory compliance

We do not guarantee licensing compliance for Providers.

18. Limitation of Liability

To the fullest extent permitted by law:

We are not liable for:

  • Indirect or consequential damages
  • Lost profits
  • Regulatory fines
  • Parent disputes
  • Provider misconduct
  • Data loss

Our total liability shall not exceed the amount paid by you in the previous 12 months.

19. Release for User Disputes

If disputes arise between:

  • Providers and Guardians
  • Providers and parents
  • Users and third parties

You agree that the Company has no obligation to intervene.

You release the Company, its officers, employees, agents, and affiliates from claims arising out of such disputes.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release.”

20. Indemnification

You agree to indemnify the Company for claims arising from:

  • Violation of law
  • Improper parental consent
  • Licensing violations
  • Copyright infringement
  • Payment disputes
  • Regulatory penalties
  • User Content you submit

21. Assignment

You may not assign these Terms without written consent.

We may assign these Terms without restriction.

22. Data Retention

Active accounts: data retained.

After cancellation: Data accessible for 30 days, then subject to deletion.

Inactive accounts (12 months): may be archived or deleted.

23. Governing Law & Arbitration

Governed by the laws of the State of Delaware.

Disputes must be resolved by binding arbitration.

Class actions are waived.

24. Modifications

We may update these Terms at any time.

Continued use constitutes acceptance.

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