Effective Date: August 18, 2026 · Last Updated: August 18, 2026
Thank you for choosing DaycareOfTexas. These Platform Terms of Use (these “Terms”) govern access to and use of the DaycareOfTexas childcare operations platform, together with all associated modules, websites, subdomains, parent portals, applications, and services made available through it (collectively, the “Platform”).
The Platform is owned and operated by Texas Digital Asset Management Group, Inc., a Texas corporation doing business as DaycareOfTexas™, with its principal office at 1412 Main Street, Suite 620, Dallas, Texas 75202 (the “Company,” “we,” “us,” or “our”). The Company can be reached for support, security reports, and legal notices at support@daycareoftexas.com.
These Terms are organized in three Parts. Each Part states at its opening who it binds. Reading the Part that applies to you does not excuse compliance with Part I, which applies to everyone.
The following terms have the meanings given below wherever they appear capitalized in these Terms.
“Operator” means the childcare business — a licensed child-care center, licensed or registered child-care home, or other child-care operation — that has created a Platform account and subscribes to the Platform, together with its owners, directors, and the entity under which it operates. The Operator is our customer. Where these Terms say “you” in Part II, they mean the Operator.
“Authorized User” means an individual — such as a director, teacher, caregiver, or administrative staff member — whom an Operator has granted credentials to access the Operator’s tenant on the Platform. Authorized Users act for the Operator, and the Operator is responsible for their use of the Platform.
“Parent” means a parent, legal guardian, or other adult whom an Operator has authorized to access the Parent Portal in connection with a child enrolled or enrolling at that Operator. Where these Terms say “you” in Part III, they mean a Parent.
“Parent Portal” means the portion of the Platform that an Operator makes available to Parents, including enrollment submissions, child information, daily reports, documents for signature, pickup verification, and any billing views the Operator enables.
“Child Record” means information about an individual child stored on the Platform, including without limitation enrollment information, attendance, health checks, medications, allergy and immunization records, incident reports, photographs, authorized-pickup designations, and daily reports. Child Records are entered by, or at the direction of, the Operator and Parents — not by the Company.
“Tenant” means the logically separated workspace on the Platform assigned to a single Operator, including its subdomain, data, settings, Authorized Users, and Parent Portal.
“HHSC” means the Texas Health and Human Services Commission, including its Child Care Regulation division, and “Minimum Standards” means the minimum standards for child-care operations codified at Title 26 of the Texas Administrative Code, including Chapters 746 and 747, as amended from time to time.
“Subscription” means the paid plan under which an Operator accesses the Platform, as described in Part II.
The Platform is management software, designed and built by the Company and made available to Operators at their request as subscribing customers. It provides tools for daily operations, enrollment, recordkeeping, staff management, compliance tracking, communications, and an Operator-branded website and Parent Portal.
The Company is a software provider only. We do not operate, own, license, staff, inspect, or supervise any childcare operation. We are not a childcare provider, and nothing on the Platform constitutes the provision of childcare, medical, legal, or regulatory advice. The Operator — not the Company — is the licensed or registered childcare operation, is solely responsible for the care and safety of the children in its care, and is solely responsible for its compliance with the Minimum Standards, its permit conditions, and all applicable law.
By creating an account, accessing a Tenant, signing in to a Parent Portal, clicking a box indicating acceptance, or otherwise using the Platform, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not use the Platform. If you are accepting on behalf of an Operator or other entity, you represent that you have authority to bind that entity, and “you” includes that entity.
You accept these Terms by any of the following: checking a box or clicking a button presented with these Terms during signup, enrollment, or sign-in; creating or accessing an account, Tenant, or Parent Portal; or continuing to use the Platform after these Terms take effect. Acceptance by an Authorized User binds both that individual and the Operator that authorized them.
We may record the date, time, account, network address, and version of the Terms accepted, and that record is our business record of your acceptance.
The Platform is offered only to (a) childcare operations and their Authorized Users, and (b) Parents authorized by an Operator. You must be at least 18 years old to create an account or accept these Terms. The Platform stores information about children at the direction of Operators and Parents; it is not directed to children, and children may not create accounts or use the Platform themselves.
Portions of the Platform — including Operator websites, public careers pages, and marketing pages — are visible without an account. By browsing them you agree to use them lawfully and not to scrape, harvest, copy at scale, index for competing purposes, probe, or interfere with them. All other rights are reserved.
We may revise these Terms from time to time. When we do, we will update the Effective Date above and post the revised Terms on the Platform.
For material changes — changes that meaningfully reduce your rights, expand your obligations, or alter fees — we will provide advance notice through at least one of: an email to the address on the account, a notice within the Platform, or a prompt requiring renewed acceptance at sign-in. Material changes take effect no sooner than fifteen (15) days after notice, except where a change is required by law or is needed to address security or legal risk, in which case it may take effect immediately upon posting.
Your continued use of the Platform after a revision takes effect constitutes acceptance of the revised Terms. If you do not agree to a revision, your remedy is to stop using the Platform and, if you are an Operator, to cancel your Subscription under Part II before the revision takes effect.
The Platform is a living product. We may add, modify, replace, or retire features, modules, layouts, and integrations at any time. Where a change materially removes a capability that a paid Subscription depends on, we will use reasonable efforts to give Operators advance notice. We do not promise that any feature will remain available in its current form, and screenshots, descriptions, or module names in these Terms do not freeze the Platform’s design.
You are responsible for the confidentiality of your credentials — passwords, one-time passcodes, staff PINs, and portal sign-in links — and for all activity that occurs under them. Credentials are personal: sharing sign-in credentials, or using another person’s credentials, is prohibited. Notify us promptly at support@daycareoftexas.com if you believe an account has been compromised. We may suspend credentials we reasonably believe are compromised or misused, and doing so to protect a Tenant or Child Records is not a breach of these Terms.
This Section states what the Company is — and, just as importantly, what it is not. It applies to every Part of these Terms, and every module-specific Section should be read together with it.
The Company designs, builds, and operates the Platform: the software, databases, servers, subdomains, and integrations through which Operators run their childcare operations and Parents interact with them. Our obligations under these Terms are obligations about software — making the Platform available, storing what you enter, and transmitting what you send — and nothing in these Terms creates any obligation of care, supervision, or protection toward any child.
The Company does not own, operate, manage, staff, license, or hold a permit for any childcare operation. We do not hire, train, screen, or supervise any Operator’s personnel. We do not admit, enroll, care for, feed, transport, medicate, or release any child. Every decision about a child — enrollment, classroom placement, medication administration, discipline, release to an adult at pickup, emergency response — is made solely by the Operator and its staff, or by Parents, and never by the Company or the Platform. A Platform feature that records, schedules, calculates, or reminds does not make, approve, or share responsibility for the decision it records.
The Company is not HHSC, is not affiliated with or endorsed by HHSC or any government agency, and has no authority to interpret, waive, or enforce the Minimum Standards. Platform features that reference the Minimum Standards — including compliance checklists, ratio calculations, background-check tracking, training-hour tracking, and statute references — are informational conveniences built from published sources. They may be incomplete, out of date, or inapplicable to your operation’s permit type, conditions, or waivers. The Operator remains solely responsible for knowing and meeting its own regulatory obligations, and using the Platform does not constitute compliance with any law or standard. If a Platform figure and a regulator’s determination differ, the regulator’s determination controls.
The relationship between an Operator and a Parent — enrollment agreements, tuition, schedules, custody arrangements, pickup authorizations, discipline policies, and every other aspect of the childcare arrangement — is between the Operator and the Parent. The Company is not a party to that relationship, does not set or collect the Operator’s tuition or fees as its own, and does not adjudicate disputes between Operators and Parents. If a Parent has a concern about an Operator’s services, records, charges, or conduct, that concern must be raised with the Operator or, where appropriate, with HHSC or other authorities — not with the Company. We may, at our discretion, pass a message along, but doing so creates no duty and no liability.
Nothing on the Platform — including compliance content, document templates, health and allergy fields, incident-report forms, hiring materials, and any output of AI-assisted features — constitutes legal, medical, tax, or regulatory advice. Templates and generated content are starting points that the Operator must review and adapt with its own advisers before relying on them.
As between the Company and an Operator, the Operator’s Tenant data — including Child Records — belongs to the Operator, and the Company processes it to provide the Platform, as described in Part II and the Privacy Policy. The Operator decides what is collected, who may see it, and how long it is kept, within the Platform’s capabilities; the Company gives effect to those decisions. The Company does not sell Child Records and does not use them to advertise to children or Parents.
The Platform is not an emergency service and must never be relied upon in an emergency. Features such as the EpiPen 911 trigger, emergency contact fields, and the Emergency Bundle are conveniences that depend on data entered by the Operator and Parents, on device availability, and on network conditions. In any emergency, call 911 and follow the operation’s own emergency procedures first. The Company is not liable for any injury arising from reliance on the Platform during an emergency.
The Platform — including its software, source code, databases, page designs, website themes, document templates, workflows, module names, text, graphics, and the selection and arrangement of all of these — is owned by Texas Digital Asset Management Group, Inc. and is protected by copyright, trademark, trade dress, trade secret, and other intellectual property laws. Except for the limited rights expressly granted in these Terms, no right, title, or interest in the Platform is transferred to you, and all rights not expressly granted are reserved.
Subject to these Terms — and, for Operators, to an active Subscription — we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purpose: operating a childcare business (Operators and Authorized Users) or interacting with an Operator about a child (Parents). This license does not permit you to copy, modify, translate, reverse engineer, decompile, resell, sublicense, frame, or create derivative works from the Platform, or to use it to build, train, or improve a competing product.
“DaycareOfTexas™” and associated logos and module names are trademarks of Texas Digital Asset Management Group, Inc. You may not use our marks — in advertising, domain names, social media handles, app store listings, or otherwise — without our prior written consent, except that an Operator may state truthfully that it uses the Platform. Nothing in these Terms grants any license to our marks.
Operators retain ownership of the content they upload or enter — including their business names, logos, photographs, videos, staff and classroom information, schedules, policies, and website text (“Operator Content”). The Operator grants the Company a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, transmit, and adapt Operator Content solely as needed to provide the Platform — for example, publishing it on the Operator’s website and Parent Portal, rendering it in generated marketing materials, and including it in emails the Operator sends through the Platform. This license ends when the content is deleted and the Subscription terminates, except for backup copies retained for a commercially reasonable period and records we must keep by law.
The Operator represents that it owns or has the necessary rights to all Operator Content — including consent for any photograph or video of a child or staff member that it uploads or publishes — and that Operator Content does not infringe any third party’s rights. Obtaining and documenting photo and media consents from Parents and staff is the Operator’s responsibility, not the Company’s.
Parents retain ownership of the information and documents they submit through the Parent Portal and grant the Company the same limited hosting license described in Section 4.4, solely as needed to deliver those submissions to the Operator and operate the Platform. Submitting information through the Parent Portal transmits it to the Operator; what the Operator does with it thereafter is governed by the Operator’s own policies and by Part II.
Some Platform features generate content — for example, marketing flyers, website text, job postings drawn from published minimum standards, and AI-assisted responses. As between you and the Company, and subject to each party’s underlying rights, we assign to the Operator our interest, if any, in materials generated for that Operator through these features. Generated materials are provided as drafts: they may be inaccurate, may resemble materials generated for others, and may embed Operator Content you supplied. You are responsible for reviewing generated materials before use, including for accuracy, legal sufficiency, and rights clearance, and you use them at your own risk.
If you send us suggestions, feature requests, or other feedback, you grant us a perpetual, irrevocable, royalty-free right to use it without restriction or compensation. We are under no obligation to implement, keep confidential, or credit any feedback.
If you believe content on the Platform infringes your copyright, send a notice to support@daycareoftexas.com identifying the work, the allegedly infringing material and its location, your contact information, a statement of good-faith belief, and a statement, under penalty of perjury, that you are the owner or authorized to act for the owner. We may remove content, forward notices to the responsible Operator, and terminate repeat infringers.
You agree to use the Platform only for its intended purpose, only as permitted by these Terms, and only in compliance with all applicable laws — including childcare licensing law, privacy law, employment law, and communications law. You are responsible for everything done under your credentials.
The Platform’s value depends on its records being true. You must not:
The Platform may retain histories, timestamps, and audit trails of record changes; those are our business records, and we may preserve and produce them where the law requires.
You may access only the Tenant, Child Records, and personal information that you are authorized to access, and only for legitimate purposes connected to the childcare relationship. You must not attempt to access another Operator’s Tenant or another family’s information; use Child Records or Parent contact information for any purpose unrelated to the operation of the childcare business; or retain, export, or disclose personal information beyond what your role permits. An Operator whose staff misuse data remains responsible for that misuse under Part II.
Where the Platform lets you send communications — emails, SMS messages, campaign sequences, portal notifications, review requests, or calls placed or answered through Platform telephony — you are the sender. You are responsible for having the required consent for each recipient and channel, honoring opt-outs (including STOP replies) promptly, identifying yourself truthfully, and complying with all laws governing commercial communications, telemarketing, and call recording. We may enforce suppression lists, block sends, or require consent evidence to protect deliverability and legal compliance, and doing so is not a breach of these Terms.
You must not: probe, scan, or test the vulnerability of the Platform without written authorization; interfere with or disrupt the Platform or its infrastructure; introduce malware or harmful code; scrape or harvest data from the Platform or from Operator websites; use bots or automated means to create accounts or submissions; circumvent authentication, authorization, rate limits, or approval gates (including add-on activation gates and billing controls); or misrepresent your identity or affiliation. If you believe you have found a security vulnerability, report it to support@daycareoftexas.com rather than exploiting it.
Features described as included, unlimited, or flat-rate — and metered add-ons such as Call Center and AI Employee minutes — are subject to fair-use limits designed to protect Platform stability, deliverability, and pricing for all customers. Use that is excessive, abusive, or inconsistent with ordinary operation of a single childcare business of your size may be rate-limited, throttled, or made subject to additional fees on notice. Fair-use ceilings for paid add-ons are stated at purchase and in Part II.
We may investigate suspected violations of this Section and may remove content, suspend features, credentials, or Tenants, or terminate access as described in Part II. Where conduct endangers a child, threatens Platform security, or appears unlawful, we may act first and give notice after, and we may notify authorities where we believe the law requires or permits it.
THE PLATFORM AND ALL CONTENT, FEATURES, TEMPLATES, GENERATED MATERIALS, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Without limiting Section 6.1, the Company does not warrant that:
The Platform depends on and interoperates with services we do not control — including cloud hosting, telephony and SMS carriers, email delivery providers, payment processors, electronic-signature services, and government data sources. We are not responsible for the acts, omissions, outages, filtering, or policies of third-party services, and their terms and privacy policies apply to your use of them.
CONSISTENT WITH SECTION 3, THE COMPANY HAS NO LIABILITY ARISING FROM THE PROVISION OF CHILDCARE ITSELF — INCLUDING THE SUPERVISION, HEALTH, SAFETY, FEEDING, MEDICATION, TRANSPORT, RELEASE, OR WELFARE OF ANY CHILD; STAFFING AND HIRING DECISIONS; OR COMPLIANCE WITH THE MINIMUM STANDARDS — WHETHER OR NOT A PLATFORM FEATURE RECORDED, CALCULATED, REMINDED, OR FAILED TO REMIND IN CONNECTION WITH THE EVENT. THE OPERATOR’S DUTIES TO CHILDREN AND FAMILIES ARE THE OPERATOR’S ALONE AND ARE NOT DELEGATED TO, SHARED WITH, OR ASSUMED BY THE COMPANY THROUGH USE OF THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — SHALL NOT EXCEED: (a) FOR AN OPERATOR, THE SUBSCRIPTION FEES ACTUALLY PAID BY THAT OPERATOR TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (b) FOR ANY OTHER PERSON, ONE HUNDRED U.S. DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST ENROLLMENT, LOSS OF GOODWILL, LOSS OF DATA, OR COSTS OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND EACH LIMITATION IS SEVERABLE.
Some jurisdictions do not allow certain warranty disclaimers or damage limitations; in those jurisdictions, the above apply to the fullest extent permitted, and any statutory rights that cannot be disclaimed are not affected.
You will defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any third-party claim, demand, investigation, loss, or expense (including reasonable attorneys’ fees) arising out of: (a) your use of the Platform in violation of these Terms or the law; (b) for Operators — the operation of your childcare business, your relationships with Parents, staff, and regulators, your Operator Content, and communications you send through the Platform; and (c) information you submit that infringes or violates the rights of another person. We may assume the defense of any matter subject to indemnification, in which case you will cooperate with us.
To the extent permitted by law, any claim arising out of or relating to the Platform or these Terms must be brought within one (1) year after the claim accrues, or it is permanently barred.
Please read this Section carefully. It requires most disputes to be resolved by binding individual arbitration rather than in court, and it waives the right to participate in a class action. You may opt out as described in Section 7.8.
These Terms and any dispute arising out of or relating to them or the Platform are governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of this Section 7.
Before starting arbitration or any proceeding, you agree to first send a written description of the dispute to support@daycareoftexas.com or to our principal office at 1412 Main Street, Suite 620, Dallas, Texas 75202, including your name, account or Tenant, a description of the issue, and the resolution you seek. We will do the same for disputes we raise, using your account contact information. Both parties agree to negotiate in good faith for sixty (60) days before commencing arbitration. This step is a condition precedent to arbitration.
Except as provided in Section 7.4, any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or the Platform — including its existence, breach, termination, enforcement, interpretation, or validity — shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for disputes involving Parents) or its Commercial Arbitration Rules (for disputes involving Operators), as modified by this Section. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any court, has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, except that a court decides the enforceability of the class-action waiver in Section 7.6.
This Section does not require arbitration of: (a) an individual claim within the jurisdiction of small-claims court, which either party may bring in that court; (b) an action by either party for temporary injunctive relief to protect intellectual property, confidential information, or the security of the Platform or Child Records, pending arbitration; or (c) any claim that applicable law provides cannot be subject to pre-dispute arbitration.
The arbitration shall be conducted by a single arbitrator in English. For a Parent, the seat of arbitration is the Texas county where the Parent resides (or another location agreed in writing, including remote proceedings by video). For an Operator, the seat is Dallas County, Texas. Either party may elect to proceed entirely by written submissions or videoconference for claims under $25,000. Each party bears its own attorneys’ fees except where the applicable rules or law provide otherwise. For Parents, if the AAA’s filing fee exceeds the cost of filing the same claim in court, the Company will pay the difference, and the Company will bear the arbitrator’s and administrative fees for Parent claims other than those found frivolous or brought for an improper purpose.
YOU AND THE COMPANY EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF DIFFERENT PARTIES OR AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL CLAIMANT. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — shall proceed in court under Section 7.9, and the remainder shall proceed in arbitration.
If twenty-five (25) or more demands for arbitration raising similar claims are filed against the Company by or with the assistance of the same law firm or coordinated group, the parties agree the demands shall be resolved in staged batches: the AAA shall administer an initial batch of up to ten (10) demands selected equally by each side, and remaining demands shall be tolled and held in abeyance pending resolution of the batch, after which the parties shall engage in a global mediation before further batches proceed. Filing fees are due only as a demand’s batch proceeds. This subsection is intended to promote efficient resolution and applies notwithstanding any contrary administrative rule.
You may opt out of this arbitration agreement and class-action waiver by emailing support@daycareoftexas.com within thirty (30) days after first accepting these Terms, with the subject line “Arbitration Opt-Out” and your name and account or Tenant. Opting out does not affect any other provision of these Terms and will not affect any prior or future agreement to arbitrate other than this one.
For any dispute not subject to arbitration — including where a party has opted out under Section 7.8 — the state and federal courts located in Dallas County, Texas shall have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there and waives objection on grounds of inconvenient forum. EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY to the fullest extent permitted by law.
Except as stated in Section 7.6, if any part of this Section is found unenforceable, the remainder remains in effect. This Section survives termination of these Terms, your account, and any Subscription.
This Part applies only to Operators and their Authorized Users. It supplements Part I, which continues to apply. In this Part, “you” and “your” mean the Operator.
To subscribe, you create an Operator account through the signup flow, providing your operation’s legal and business names, contact information, physical address, licensed capacity, and — where applicable — your HHSC operation number. You represent that everything you provide during signup, and everything you later maintain in Daycare Settings, is accurate, current, and yours to provide, and that the individual completing signup has authority to bind the Operator.
We may check the details you provide against published government data, including HHSC child-care operation records, and may decline, hold, or revoke an account that does not correspond to a real, appropriately permitted childcare operation. Verification is for our benefit, not yours and not the public’s: it is not a license check, an endorsement, a certification of good standing, or a representation to Parents or anyone else about your operation. You remain solely responsible for holding and maintaining every permit, registration, and license your operation requires.
On activation we provision your Tenant and assign a Platform subdomain based on your operation’s name (for example, yourname.daycareoftexas.com). Subdomains are provided as part of the Subscription and remain ours: we may reject, change, or reclaim a subdomain that infringes rights, misleads the public, conflicts with another operation’s name, or violates these Terms, and subdomains are not transferable between Operators except through us. If the Platform supports connecting a custom domain you own, your domain registration remains your property and your responsibility, including renewal and DNS configuration.
The Daycare Settings module is the control panel for your operation’s identity and rules on the Platform: age policy, licensed capacity, operating details, and related configuration. Settings drive the Platform’s behavior. Capacity and age policy feed enrollment availability and classroom assignment; operating details feed your website, Parent Portal, and generated documents. Entering an inaccurate capacity, age range, or operating detail will propagate that inaccuracy through the Platform, and the consequences — including over-enrollment against your license or misstatements to Parents — are yours. Keeping Daycare Settings accurate and current is a continuing obligation, not a one-time setup step.
You control who may access your Tenant. You are responsible for: creating accounts only for individuals genuinely engaged with your operation; assigning roles and permissions that match each person’s actual responsibilities; issuing and safeguarding staff PINs for the time clock; and promptly deactivating credentials when a person leaves your operation or changes roles. Everything an Authorized User does on your Tenant — including record entries, communications sent, and data accessed — is attributed to you. A departed employee whose credentials you failed to deactivate remains your responsibility.
A Tenant corresponds to a single childcare operation at a single location unless we agree otherwise in writing. Operating multiple locations, or materially different operations, through one Tenant — or splitting one operation across Tenants to manipulate capacity-based pricing — is prohibited. If your licensed capacity or operation type changes, you must update Daycare Settings, and your Subscription tier may change as described in Section 9.
The email address on your Operator account is our channel for notices, billing communications, and security alerts. You are responsible for keeping it current and monitored; a notice sent to that address is effective even if unread.
Platform Subscriptions are priced in tiers keyed to your operation’s licensed capacity as maintained in Daycare Settings and, where applicable, as published in government records. Current tiers and prices are displayed on the Platform’s pricing page and at signup; the price shown for your tier at the time you subscribe, as adjusted under this Section, is your Subscription fee. Capacity-tiered pricing means your fee reflects the size of the operation the Platform serves — it is not a per-child, per-Parent, or usage fee unless a feature says otherwise.
If your licensed capacity changes — through a permit amendment, relocation, or correction — your Subscription tier will be adjusted to match, effective at the start of the next billing cycle after the change is reflected in Daycare Settings or in published records. Understating capacity to obtain a lower tier is a material breach. If we discover a capacity understatement, we may adjust the tier retroactively and invoice the difference for up to twelve (12) months of prior service.
Subscriptions are billed in advance on a recurring monthly basis and renew automatically each month until cancelled. You must keep a valid payment method on file, and you authorize us and our payment processor to charge it for Subscription fees, add-on fees, applicable taxes, and adjustments under this Section. If a trial or promotional period is offered, its length, terms, and the date of first charge are stated at signup, and a valid payment method may be required to activate the trial; unless stated otherwise, the Subscription begins billing automatically when the trial ends.
Optional add-on features — such as Call Center and AI Employee — are offered at the recurring prices and fair-use terms stated at purchase. Add-ons are request-and-approval features: requesting an add-on from the dashboard does not activate it or begin billing; billing begins only after we confirm activation, and the activation confirmation states the price and any included usage. Add-ons renew monthly with the Subscription and may be cancelled separately without affecting the underlying Subscription. Usage beyond an add-on’s stated fair-use allowance may be throttled or billed as stated at purchase, on notice.
If a charge fails, we may retry it and will notify the account contact. While payment is outstanding, your Tenant may be placed in a restricted status in which access is limited, read-only, or suspended — provided that we will use commercially reasonable efforts to keep previously entered records available for export during any restriction, recognizing that Child Records support the care of children. If payment is not cured within thirty (30) days of the first failed charge, we may treat the Subscription as cancelled under Section 33, without waiving amounts owed. You remain responsible for fees accrued through the effective date of cancellation.
You may cancel your Subscription at any time through the Platform or by written notice to support@daycareoftexas.com from the account contact address. Cancellation takes effect at the end of the current billing cycle; you retain access through that date. Fees already paid are non-refundable, and partial months are not prorated, except where a refund is required by law or expressly stated in a promotion. Data export and post-termination retention are described in Sections 32 and 33.
We may change tier prices, add-on prices, and fair-use allowances. Price increases affecting your active Subscription take effect no sooner than thirty (30) days after notice to the account contact, applying from your next billing cycle after the notice period. Your remedy if you do not accept a price change is to cancel before it takes effect.
Fees are exclusive of taxes. You are responsible for all applicable sales, use, and similar taxes arising from your Subscription, other than taxes on our net income. Where we are required to collect tax, it will be added to your invoice.
If you believe a charge is incorrect, notify us within sixty (60) days of the charge at support@daycareoftexas.com; we will review in good faith and correct verified errors. Initiating a payment-card chargeback for a charge you did not first dispute with us, where the charge is later substantiated, is a material breach, and we may recover the charge, chargeback fees, and related costs, and may condition continued service on their payment.
The Sign In / Out module, designed and built by the Company and made available to you at your request as a subscribing Operator, records the daily arrival and departure of children and displays a headcount of children currently marked in care. It is the Platform’s attendance ledger: entries made through it feed daily reports, ratio displays, billing where attendance-based, and the records you retain for regulatory purposes.
Signing a child in or out on the Platform is a record of an event — it is not the event itself. The physical transfer of a child into and out of your care, verification of the adult receiving the child, and supervision at arrival and departure are performed entirely by your staff under your procedures. A child marked “in care” who has left the premises, or a child present but not yet signed in, is a discrepancy between your records and reality that only your staff can detect and correct. The Platform cannot see your facility and does not know where any child actually is.
Headcounts, “in care right now” figures, and presence displays are computed from the entries your staff have made, as of the most recent data the viewing device has loaded. They can be wrong whenever an entry is missing, mistaken, delayed, or not yet refreshed on the viewing device. Never use a Platform headcount as a substitute for a physical face-to-name count — including at transitions, during outdoor play, on vehicles, and in emergencies or evacuations. Face-to-name counting per your procedures and the Minimum Standards is your obligation and is not delegated to the Platform.
You are responsible for: establishing who may sign children in and out and under what verification; ensuring entries are made contemporaneously and accurately; reviewing and correcting discrepancies promptly; and retaining attendance records for the periods the Minimum Standards and other law require. Corrections to attendance entries may be logged with the identity of the person making the correction and the time; those histories are business records as described in Section 5.2.
Without limiting Section 6, we do not warrant that the Sign In / Out module or any headcount is accurate, current, or complete; that entries will be available at any particular moment, including during connectivity or device failures; or that attendance records satisfy any specific regulatory requirement. If the module is unavailable, you remain obligated to record attendance by your own means and may enter records into the Platform afterward, marked accurately as to actual arrival and departure times.
The Children module, designed and built by the Company and made available to you at your request as a subscribing Operator, is where the Platform holds each child’s profile: identity and enrollment details, family and authorized-pickup designations, health and allergy information, immunization records, photographs, attendance history, and the documents and daily records connected to the child. It is the hub the Platform’s other modules read from and write to.
Child Records are created and maintained by you and your Authorized Users, and by Parents through submissions you accept. The Company does not review, verify, complete, or correct Child Records. A Child Record is only as accurate, current, and complete as what has been entered into it. You are responsible for: collecting the information your operation and the Minimum Standards require; reviewing Parent submissions before relying on them; keeping records current as circumstances change — new allergies, new custody arrangements, new authorized adults, new medical instructions; and resolving conflicts between what a record says and what you know.
Some fields in a Child Record exist to keep a child safe — allergy and medical alerts, medication instructions, emergency contacts, custody restrictions, and authorized-pickup lists. An out-of-date entry in these fields is more dangerous than an empty one, because staff may rely on it. You must have your own procedures for verifying and refreshing safety-critical fields and must not treat the Platform’s storage of a value as evidence of its continued truth. The Platform stores what it was given; only you and the child’s Parents can know when it has become wrong.
You control which Authorized Users may view and edit Child Records through roles and permissions, and which information is visible to Parents through the Parent Portal. You are responsible for configuring that access consistent with your obligations of confidentiality under the Minimum Standards and other law, and for every disclosure of a Child Record you make outside the Platform — including printouts, exports, screenshots, and the Emergency Bundle. Requests you receive from regulators, courts, or parties in family-law matters for records held in your Tenant are directed to you as the records’ owner; if such a request is served on the Company, we may respond as the law requires and, where lawful, will notify you.
You decide how long Child Records are kept, within the Platform’s capabilities, and you are responsible for meeting the retention periods the Minimum Standards and other law impose — including for records of children no longer in your care. Deleting a record from your Tenant does not excuse a retention obligation you had, and does not recall copies you exported or printed. Deletion mechanics, backups, and post-termination handling are described in Sections 32 and 33.
Without limiting Section 6, we do not warrant that any Child Record is accurate, complete, or current; that safety-critical fields reflect a child’s present condition or circumstances; that access configurations match your legal obligations; or that the module satisfies any specific recordkeeping requirement of the Minimum Standards. The Platform is the filing cabinet — what the files say, who may open the drawer, and whether the contents are still true are yours to govern.
The Classrooms module, designed and built by the Company and made available to you at your request as a subscribing Operator, lets you define your rooms, their age ranges, and their capacities, assign children and staff to them, and view computed figures such as children present per room and displayed caregiver-to-child ratios.
A displayed ratio is the output of a calculation: the number of persons the Platform currently counts as caregivers in a room, divided into the number of children currently marked present in that room, compared against the ratio values configured for that room’s age group. Every input to that calculation comes from you — room definitions, age ranges, configured ratio values, staff assignments and roles, and the presence entries described in Section 10. A displayed ratio is therefore a reflection of your entries, not a determination that your operation is or is not in compliance with the Minimum Standards. A green indicator does not mean you are compliant; a red indicator does not mean you are not. Consistent with Section 3.3, if a Platform figure and a regulator’s determination differ, the regulator’s determination controls.
Required ratios and group sizes under the Minimum Standards depend on factors that arithmetic alone cannot capture — including the ages and grouping of the specific children present, mixed-age group rules, activity type, time of day, whether children are sleeping, field trips and water activities, and your permit’s own conditions and any waivers or variances. The Platform’s ratio configuration is a simplification you control, and it may not express every rule that applies to your operation at a given moment. Knowing the ratio and group-size rules that actually apply to each room at each moment, and staffing to meet them, is your obligation, discharged by qualified humans — not by the Platform.
Whether a particular person may be counted toward a required ratio under the Minimum Standards depends on that person’s role, qualifications, training, orientation status, and supervision — determinations the Platform cannot make and does not make. The Platform counts the persons your configuration and entries tell it to count. You are responsible for ensuring that every person your Tenant treats as ratio-countable actually qualifies under the Minimum Standards, and for excluding persons — whatever their role label on the Platform — who do not. If the Platform’s role categories do not map exactly to your operation’s circumstances, you must configure and staff conservatively rather than rely on a label.
Consistent with Sections 3.2 and 10.3, nothing in this module supervises children or staff. Assigning a child to a room on the Platform does not place the child in that room; assigning a caregiver does not put them at their post. Physical supervision, line-of-sight and auditory requirements, and face-to-name counting remain entirely your staff’s work at all times, including when the Platform is unavailable or a display is stale.
Without limiting Section 6, we do not warrant that any displayed ratio, room count, capacity figure, or indicator is accurate, current, or complete; that configured ratio values match the Minimum Standards applicable to your operation, permit, or any moment in time; that role categories capture every qualification rule; or that use of this module will prevent, detect, or document a ratio or group-size violation. The module is a dashboard over your own entries — the staffing decisions it reflects were, and remain, yours.
The Staff & People module, designed and built by the Company and made available to you at your request as a subscribing Operator, is where you maintain your personnel records on the Platform: staff profiles, roles and permissions, background-check statuses and due dates, training hours, and related personnel files.
The Company does not conduct, order, procure, furnish, or evaluate background checks, and the Platform is not a consumer reporting agency. The background-check portion of this module is a tracker: it records the statuses, submission dates, determination dates, and renewal deadlines that you enter, based on checks you request and receive through HHSC’s own background-check system and any other channels the law requires. Submitting background-check requests to the state, receiving and interpreting results, acting on determinations — including barring or removing a person from the operation when required — and meeting every timing rule are your obligations, performed entirely outside the Platform. A status shown in this module is your entry, not a result, and a due-date reminder that fails to fire does not excuse a missed renewal.
Training-hour records reflect the hours and courses you and your staff enter. The Company does not provide training, verify attendance or completion, evaluate whether a course qualifies under the Minimum Standards, or certify that any person has met the annual training, orientation, or pre-service requirements applicable to their position. Determining what training each role requires, verifying it happened, and retaining acceptable documentation are your responsibilities.
Personnel information you store in this module is Operator Content about your own staff. You are responsible for: having a lawful basis to collect and hold it; restricting access to those with a legitimate need under Section 8.5; complying with employment, labor, and privacy law in how you use it; and retaining personnel records for the periods the Minimum Standards and other law require. The Company is not your employer of record, payroll provider, or HR adviser, and nothing in this module creates an employment relationship between the Company and any member of your staff.
Consistent with Section 3.2, every hiring, assignment, discipline, and termination decision is yours. The Platform’s role labels, permission sets, and tracking fields do not evaluate any person’s suitability to work with children — suitability is determined by the background-check and qualification processes the law prescribes, administered by you and the state, not by the Company.
Without limiting Section 6, we do not warrant that any status, due date, training total, or reminder in this module is accurate, current, or complete; that the module’s categories capture every requirement applicable to your staff; or that use of this module satisfies any background-check, training, orientation, or personnel-record requirement of the Minimum Standards or other law. The module keeps the calendar and the file — the checking, training, and deciding are yours.
The Families module, designed and built by the Company and made available to you at your request as a subscribing Operator, is where you manage the family side of each Child Record: Parent and guardian contacts, Parent Portal access, authorized-pickup designations, and messaging between your operation and families.
Parent Portal access is granted, scoped, and revoked by you. You are responsible for: verifying the identity and relationship of each adult before granting access to a child’s information; ensuring each Parent account is held by the correct individual (not shared among household members unless you intend it); promptly revoking or adjusting access when circumstances change — including separation, custody modifications, protective orders, or the end of enrollment; and configuring what each Parent can see. Granting portal access to an adult is a disclosure of a child’s information by you to that adult. The Company delivers the access you configure; it does not know your families and cannot judge who should see what.
The Platform is neutral infrastructure in any family dispute. It does not interpret custody orders, possession schedules, or protective orders, and it has no concept of which parent “should” have access or information beyond what you configure. Where a custody order, protective order, or other legal instrument restricts an adult’s access to a child or to information about a child, reading that instrument and reflecting it in the Platform’s access and pickup settings is your responsibility, ideally with advice from your own counsel. Consistent with Section 3.4, disputes between family members about access, information, or pickup are not the Company’s to resolve; we may refer any such demand we receive to you.
Pickup designations stored in this module are records of who has been authorized — by Parents through submissions you accept, and by you through your enrollment process. They feed the pickup-verification features described in Part III, but a designation is only an entry: the decision to release a child to a specific adult standing in front of your staff is made by your staff, at that moment, under your procedures — including physically verifying identity — and never by the Platform. An entry that is out of date, or a QR code or credential in the wrong hands, does not transfer that responsibility to anyone else.
Messages, announcements, and notifications you send to families through the Platform are your communications, subject to Section 5.4. You are responsible for their content, accuracy, and tone; for sending safety-relevant information through channels reliable enough for its urgency (a portal message is not an emergency notification); and for honoring families’ communication preferences and opt-outs. Message histories may be retained as business records under Section 5.2.
Without limiting Section 6, we do not warrant that portal access configurations match any custody order or legal restriction; that pickup designations are current or correct; that any message will be delivered or read; or that the Families module satisfies any legal requirement governing disclosure of child records to parents or others. The family relationships, the court orders, and the front-door judgment calls are yours — the module only remembers what you told it.
The Health Checks module, designed and built by the Company and made available to you at your request as a subscribing Operator, records the daily drop-off health observations your staff perform and presents the exclusion criteria you have configured — the symptoms and conditions under which a child should not be admitted to care that day.
A health check is something a trained person does: looking at a child, speaking with the accompanying adult, and noticing what a form cannot. The Platform records the outcome of that observation — it does not perform it, cannot see the child, and cannot detect anything your staff do not enter. Completing a Health Check entry on the Platform is a record that an observation occurred; it is not evidence that the observation was competent, and an entry of “well” does not make a child well.
The exclusion criteria displayed by this module are configured content drawn from the Minimum Standards and from your own policies as you have set them up. They are checklists to support your staff’s judgment — not medical advice, not a diagnosis, and not a decision. The decision to admit, exclude, isolate, send home, or readmit a child is made by you and your staff, applying the Minimum Standards, your permit conditions, health-authority guidance, and your own policies to the child actually in front of you. Consistent with Section 3.5, nothing in this module is medical advice, and the criteria may not reflect current health-authority guidance, seasonal advisories, or rules specific to your operation.
You are responsible for: training your staff to perform health checks competently; keeping your configured exclusion criteria current with the Minimum Standards, your policies, and applicable health guidance; performing and recording checks with the timing and content the Minimum Standards require; acting on what checks reveal — including exclusion, parent notification, and any reporting the law requires for communicable conditions; and retaining health-check records for the required periods. A missed, late, or perfunctory check is an operational failure of yours whether or not the Platform was available to record it.
Without limiting Section 6, we do not warrant that any health-check entry reflects a child’s actual condition; that configured exclusion criteria are complete, current, or compliant with the Minimum Standards or health-authority guidance; that the module will flag any condition; or that use of this module satisfies any health-screening, exclusion, notification, or reporting requirement. The eyes, the judgment, and the decision at the door are your staff’s — the module only writes down what they concluded.
The Daily Reports module, designed and built by the Company and made available to you at your request as a subscribing Operator, lets your staff log each child’s day — meals, naps, moods, activities, and notes — and delivers the resulting report to the child’s Parents, including at sign-out.
A daily report is authored by your staff and sent under your operation’s name. It is your communication to the Parent, not the Company’s, and you are responsible for its accuracy, completeness, and tone. Parents make real decisions based on what reports say — about feeding, sleep, medication timing, and whether something at care needs a follow-up question — so entries should record what actually happened, contemporaneously, rather than what a template suggests or a busy afternoon reconstructs. Section 5.2’s record-integrity rules apply to daily reports in full.
Daily reports are informal summaries for families. They are not medical records, not incident reports, and not a substitute for the notifications the Minimum Standards require. If something reportable happens — an injury, an illness, an incident requiring parent acknowledgment or regulator notification — it must be handled through the Incident Reports module and your own required procedures, not buried in a daily report’s notes field. Mentioning an event in a daily report does not satisfy any notification, documentation, or reporting obligation.
Reports are delivered through the channels the Platform provides — the Parent Portal, sign-out presentation, and any notification methods you enable. Consistent with Sections 6.2 and 14.5, we do not warrant that any report will be delivered, read, or read at any particular time, and a report pending delivery is not communication that has occurred. Anything a Parent needs to know urgently — an allergy exposure, a fever, an injury — must be communicated by your staff directly and immediately, with the daily report as the paper trail, never the messenger.
Without limiting Section 6, we do not warrant that daily-report entries are accurate or complete, that reports satisfy any communication requirement of the Minimum Standards, or that any Parent has received or read any report. The day belonged to your staff and the child; the report is only as true as what they wrote down.
The Jobs & Hiring module, designed and built by the Company and made available to you at your request as a subscribing Operator, lets you create job postings — with role descriptions and suggested qualifications drawn from published minimum standards — publish them to a public careers page on your website, and receive and manage applications, including submitted resumes.
Draft posting content the Platform generates — including role descriptions and qualification language derived from published minimum standards — is a starting point under Section 4.6. Published standards change, are subject to interpretation, and do not capture requirements specific to your permit, program, or locality, and generated text may be incomplete or out of date. Before publishing, you must review every posting and confirm its statements are accurate for your operation — the qualifications you will actually require, the duties actually involved, and any wage or benefit statements. Once published, a posting is your representation to the public, made by you under your operation’s name.
You are solely responsible for your postings’ and hiring process’s compliance with employment law — including anti-discrimination law, wage-and-hour and pay-transparency requirements where applicable, and any rules governing job advertising in your jurisdiction. The Company does not review postings for lawfulness and provides no advice on what a posting may or must say. Consistent with Sections 3.2 and 13.5, every screening, interview, selection, offer, and rejection decision is yours; the Platform neither ranks nor recommends candidates.
Applications, resumes, and applicant contact details submitted through your careers page are collected by you, through infrastructure we host, for your hiring purposes. Applicant information is Operator Content: you are responsible for handling it lawfully and confidentially, restricting access to those involved in hiring, using it only for hiring-related purposes, retaining or disposing of it per your obligations, and responding to any applicant inquiries about their information. Applicants are members of the public interacting with your operation — the Company does not evaluate, contact, or maintain a relationship with them.
Receiving an application, or even extending an offer, does not make a person eligible to be present at or work in a childcare operation. Background-check clearances, pre-service training, orientation, and any other prerequisites the Minimum Standards impose must be satisfied through the processes described in Section 13 before a candidate begins in any role those rules cover. Nothing in this module tracks or enforces that sequence for you.
Without limiting Section 6, we do not warrant that generated posting content is accurate, current, lawful, or aligned with the Minimum Standards; that the careers page will be available or render correctly; that applications or resumes will be received, complete, or truthful; or that use of this module satisfies any recruiting, advertising, or hiring requirement. The Platform prints the help-wanted sign and collects the envelopes — who you hire, and on what terms, is entirely yours.
The Enrollment module, designed and built by the Company and made available to you at your request as a subscribing Operator, runs your enrollment pipeline: collecting enrollment submissions from families, sending your enrollment documents for electronic signature through the Platform’s integrated electronic-signature service, and tracking each enrollment’s progress through signing and payment status.
Consistent with Section 3.4, every enrollment agreement, handbook acknowledgment, tuition contract, and policy consent signed through this module is a contract between you and the Parent. The Company is not a party to it, does not draft it, does not review it, and takes no responsibility for its content, enforceability, or performance. What your enrollment documents say — tuition, schedules, withdrawal terms, late fees, photo consents, liability language — is yours to write, ideally with your own counsel, and yours to honor.
The Platform’s integrated electronic-signature service is designed to support signatures consistent with the federal E-SIGN Act and the Texas Uniform Electronic Transactions Act, including signer identification steps, consent to transact electronically, sequential signing where configured, and an audit trail of signing events. However, whether a particular signed document is valid, enforceable, and sufficient for a particular legal purpose depends on its content, the parties, and the law that applies to it — matters we do not and cannot warrant. Some documents may require handwritten signatures, notarization, or specific disclosures under laws applicable to your operation; identifying those is your responsibility. Signature records and audit trails are business records under Section 5.2, and we may preserve and produce them as the law requires.
When you send an enrollment package, you choose the recipient, the documents, and the timing. Sending to a wrong or outdated address, attaching another family’s documents, or including information a recipient should not see is a disclosure by you under Section 14.2. Signature-request emails and reminders sent through the module are your communications under Section 5.4.
The Enrollment module tracks each enrollment’s payment status as part of its pipeline. A payment status is a record of what has been reported or entered — it is not a guarantee that funds have been received, cleared, or will not be reversed. Verifying that you have actually been paid, through whatever payment arrangements you maintain with families, is your responsibility. Payment features available to Parents, if and as made available, are described in Part III.
Whether to offer enrollment, admit from a waitlist, decline an application, or disenroll a child is your decision, subject to the laws that govern your operation — including any applicable anti-discrimination requirements. The Platform sequences your pipeline; it does not select families, and no ordering, status, or display in the module is a recommendation about whom to admit.
Without limiting Section 6, we do not warrant that any enrollment document is enforceable or fit for its purpose; that signature requests will be delivered, opened, or completed; that any signature is valid for any particular legal requirement; that payment statuses reflect funds actually received; or that use of this module satisfies any admission, recordkeeping, or disclosure requirement of the Minimum Standards. The pipeline is plumbing — the agreement flowing through it, and the family relationship it creates, belong to you and the Parent.
The Billing Settings module, designed and built by the Company and made available to you at your request as a subscribing Operator, is where you configure how your operation bills families: tuition rates, fees, billing schedules, and recurring charges, together with tracking of what each family owes and has paid. This Section governs your billing of families; the Company’s billing of you is governed by Section 9.
Every amount this module produces — tuition charges, registration and supply fees, late fees, discounts, credits, and balances — is computed from rates and rules you configured and applied to enrollment and attendance facts you and your staff entered. Invoices, statements, and balance displays generated by the module are issued by you, under your operation’s name, to your families. The Company does not set, review, or approve any rate, fee, or charge, is not a party to any obligation between you and a family, and does not guarantee that any balance shown is what a family actually owes.
The module allows you to edit billing records — adjusting charges, applying credits, correcting entries, and revising payment tracking. That flexibility exists so you can fix mistakes and reflect real arrangements, and it carries the corresponding responsibility: an edited record says what you made it say. Edits must reflect the truth of the underlying arrangement, not rewrite it — Section 5.2’s record-integrity rules apply, edit histories may be retained as business records, and using edits to misstate what a family owed or paid, to any person or in any dispute, is a material breach.
You are responsible for your billing practices’ compliance with the laws that apply to them — including consumer-billing and receipt requirements, limits on late fees or interest where applicable, the terms of your own enrollment agreements under Section 18.2, and the requirements of any subsidy or assistance program a family participates in. Amounts and records this module produces are not tax advice: statements for families’ tax purposes, your operation’s own tax reporting, and the accuracy of any tax identification numbers shown are your responsibility, prepared with your own advisers.
Consistent with Section 18.5, a payment recorded in this module is an entry — not a movement of funds. How families actually pay you is governed by your arrangements with them; features allowing Parents to pay through the Platform, if and as made available, are described in Part III and do not change this Section. Collecting unpaid balances is your undertaking, subject to the laws that govern collections; the Platform does not dun, collect, or enforce on your behalf.
Without limiting Section 6, we do not warrant that any computed charge, balance, or statement is arithmetically or contractually correct; that billing configurations implement your enrollment agreements accurately; that records will satisfy any tax, subsidy-program, or audit requirement; or that any family will pay what the module says it owes. The module is your operation’s billing desk — the prices on the board, the arithmetic behind each account, and the money itself are yours to govern.
The Compliance module, designed and built by the Company and made available to you at your request as a subscribing Operator, presents requirements applicable to your operation’s chapter of the Minimum Standards, tracks your progress against the items you maintain, and surfaces statute and standards updates drawn from published government sources.
The requirement text, checklists, and update notices this module displays are informational content assembled from published sources — including HHSC publications and government data services — selected and simplified so they can be tracked as items. The authoritative version of every rule is the one the state publishes and enforces, not the one the Platform displays. Republished content may lag amendments, omit context, paraphrase imperfectly, or fail to reflect rules specific to your permit type, conditions, waivers, or local requirements. Consistent with Section 3.3, if the Platform’s version of a rule and the state’s version differ, the state’s version controls, and you are charged with knowing the state’s version.
Marking an item complete records your own assertion that it is complete — nothing more. The module does not inspect your operation, verify any item, or measure your actual practices against any standard. A fully checked list is not a determination of compliance, a partially checked list is not a determination of non-compliance, and neither will be treated by HHSC as a substitute for its own inspections and investigations. Preparing for and passing inspections, responding to deficiencies, and maintaining actual day-to-day compliance are accomplished by your operation’s practices — the module only keeps your to-do list.
Where the module displays information from state data services — including operation records and standards data refreshed from government sources — that information is presented as retrieved, on the schedule our systems retrieve it. Government sources change, publish errors, restructure their data, and experience outages; we do not warrant the accuracy, completeness, or currency of any government-sourced display, and a discrepancy between the Platform and the state’s own records must be resolved against the state’s records.
You are responsible for: knowing the Minimum Standards and other law applicable to your operation from their authoritative sources; monitoring official channels for changes, rather than relying on the module’s update surfacing; determining which requirements apply to your permit and circumstances; and treating the module’s items as prompts for your own verification, not as the universe of your obligations. Requirements not represented in the module remain fully yours to meet.
Without limiting Section 6, we do not warrant that displayed requirements are complete, current, correctly stated, or applicable to your operation; that update notices will surface any particular change or surface it timely; that progress tracking reflects actual compliance; or that use of this module will prevent, reduce, or resolve any deficiency, citation, or enforcement action. The module is a study guide — the exam, the examiner, and the grade belong entirely to the state.
The Medications module, designed and built by the Company and made available to you at your request as a subscribing Operator, records the medications your operation has been authorized to administer, logs each administration, and provides an emergency-assistance shortcut associated with severe-reaction response (the “911 trigger”).
Everything medical in this module is performed by people: Parents authorize, you accept and verify the authorization, your trained staff store, measure, administer, and observe, and your staff record what they did. The Platform stores authorizations and logs administrations after the fact — it does not authorize, dose, schedule, verify, or administer anything, and no entry, reminder, or display in this module is a medical instruction. Administering medication in a childcare operation is governed by the Minimum Standards and your own policies; determining who may administer, with what training, under what documentation, is your obligation.
You are responsible for: obtaining and retaining medication authorizations that satisfy the Minimum Standards — including any required parent signature, physician instruction, and expiration; verifying that each authorization matches the actual medication, child, dose, route, and timing before any administration (the checks your training calls the “rights” of medication administration are performed by your staff against the physical medication and the actual child, never against a screen alone); recording each administration accurately and contemporaneously under Section 5.2; and communicating administrations, missed doses, and reactions to Parents. An authorization entered into the Platform is your record that an authorization exists — the Platform has not seen the paper, the prescription, or the child.
Consistent with Section 3.7, the 911 trigger and any emergency-related displays in this module are conveniences layered on data you entered and devices you operate. They depend on the accuracy of your entries, on a charged and connected device being in reach, and on human hands. They are not a medical device, not a monitoring system, not a substitute for calling 911 directly, and not a substitute for your staff’s emergency training — including recognizing anaphylaxis and administering epinephrine per the child’s emergency plan without waiting for any screen. In a suspected severe reaction: respond, administer per the plan, call 911. The Platform’s role, if any, comes after the child is safe.
Without limiting Section 6, we do not warrant that any authorization, dose, schedule, or administration entry is accurate, current, or compliant with the Minimum Standards; that any reminder will fire or fire timely; that the 911 trigger will function in any particular circumstance; or that use of this module satisfies any medication-administration, documentation, or notification requirement. Between the medicine cabinet and the child stand your policies, your training, and your staff — the module stands behind all three, writing down what they did.
The Food Allergy Plans module, designed and built by the Company and made available to you at your request as a subscribing Operator, stores each child’s allergen list and emergency action plan — the documents and entries that tell your staff what a child must not be exposed to and what to do if exposure occurs.
The substance of an allergy plan comes from outside the Platform: the allergens, severity, and emergency steps are supplied by Parents and the child’s health-care providers, and the actions the plan calls for are taken by your staff. The Platform stores and displays the plan — it did not write it, cannot judge its medical adequacy, and cannot carry it out. Consistent with Section 3.5, nothing in this module is medical advice, and a plan’s presence on the Platform is not a representation by the Company that the plan is correct, complete, or current.
Section 11.3 applies to this module with full force: an out-of-date allergen list is more dangerous than an empty one, because staff may rely on it. Allergies emerge, resolve, and change severity; emergency plans and prescribed medications change with them. You are responsible for procedures that verify and refresh each child’s allergy information — at enrollment, at re-enrollment, when Parents report changes, and on a recurring schedule of your own — and for ensuring changes reach the staff who serve food and supervise children, not just the record.
What is served, what a specific child is given, how cross-contact is prevented in preparation and at the table, and how food brought from home is handled are decisions made by your staff under your policies at every meal and snack. The Platform does not plan menus against allergen lists, does not check any food against any child, and does not warn at the moment of service. A staff member serving food must know the children in front of them and their restrictions through your training and procedures — the module is the reference they should have already read, not a safeguard operating at the table.
If exposure or a suspected reaction occurs, Sections 3.7 and 21.4 govern: your staff respond per the child’s emergency action plan and their training — including administering epinephrine where the plan calls for it — and call 911, without waiting for any screen. Documentation in this module and in Incident Reports comes after the child is safe, and notification duties to Parents and any authorities are yours under your procedures and the Minimum Standards.
Without limiting Section 6, we do not warrant that any allergen list or action plan is accurate, complete, current, or medically adequate; that plan information will be seen by any staff member before any meal, snack, or activity; or that use of this module will prevent any exposure or reaction. The module remembers what the family and the doctor said — keeping the child away from the allergen is, at every moment, the work of your people.
The Immunizations module, designed and built by the Company and made available to you at your request as a subscribing Operator, stores each child’s immunization dose records and tracks due and overdue doses against the schedule configuration in effect for your Tenant.
Immunization information on the Platform is transcribed — from records supplied by Parents and health-care providers, entered by your staff or submitted through the Parent Portal. The Platform holds the copy, not the source. You are responsible for collecting the immunization documentation the Minimum Standards and Texas immunization law require, in the form they require it; verifying that entries match the source documents; and retaining those source documents as required. An entry in this module is not an immunization record for legal purposes unless your underlying documentation makes it one.
Due and overdue indicators are computed by comparing the doses entered against the schedule configured — nothing more. They inherit every limitation of both inputs: a missing or mistyped entry produces a false “overdue” or a false “current,” and a schedule configuration that lags state requirements produces systematically wrong indicators. A “nothing overdue” display is a statement about your entries, not about any child’s body, immunity, or legal status — and consistent with Section 3.3, if the Platform’s tracking and the state’s requirements differ, the state’s requirements control.
Which immunizations are required for a child of a given age, what provisional-enrollment grace periods apply, what medical and non-medical exemptions exist, what documentation an exemption requires, and whether a particular child may be admitted or must be excluded are all questions of Texas law and the Minimum Standards — answered by you, applying official sources to each child’s actual documentation. The Platform’s schedule configuration is a convenience you maintain; it does not decide admissibility, does not validate exemption documents, and does not track every nuance of the law. Handling exemption records — which can be sensitive — is subject to your confidentiality obligations under Sections 11.4 and 14.2.
Without limiting Section 6, we do not warrant that any dose record is accurate or complete; that due/overdue tracking matches current state requirements or any child’s actual status; that reminders will surface any lapse; or that use of this module satisfies any immunization documentation, verification, audit, or reporting requirement. The shot records live in the doctor’s office and your files — the module keeps a scoreboard, and the scoreboard is only as right as what you posted to it.
The Incident Reports module, designed and built by the Company and made available to you at your request as a subscribing Operator, documents injuries and incidents involving children at your operation, presents reports to Parents for acknowledgment, and routes reports internally — including to the personnel you designate for incident handling.
An incident carries obligations that exist independently of any record: immediate response and care for the child, prompt parent notification, and — for incidents the Minimum Standards or other law classify as serious — reporting to HHSC and other authorities within required timeframes and through required channels. Completing an incident report on the Platform performs none of these. The module documents what you did and what happened; whether you responded adequately, notified promptly, and reported to the right authority in the right way on time is determined by your actions outside the Platform. Consistent with Section 16.3, an incident recorded anywhere else on the Platform — a daily report note, a message — does not substitute for a proper incident report or for any required notification.
Some events trigger duties no software can hold: serious injuries, and any suspicion of abuse or neglect, carry mandatory reporting obligations under Texas law that attach to individuals personally and demand immediate action through official channels — not through, or after, a Platform workflow. Nothing in this module delays, gates, or routes those duties, and no Platform status — draft, pending acknowledgment, routed — excuses a report the law required you or your staff to have already made.
Section 5.2 applies with particular force here: incident reports must state what actually happened, written contemporaneously, without minimization, omission, or revision in anticipation of a dispute or inspection. Edit histories may be retained as business records. A report crafted to obscure an incident protects no one and is a material breach; an accurate report, promptly made, is the record that protects the child, the family, your staff, and your operation.
The acknowledgment feature presents a report to a Parent and records that the Parent viewed or acknowledged it. An acknowledgment recorded on the Platform is evidence of that interaction — it is not proof the Parent understood or agreed with the report, not a release of any claim, and not a substitute for the direct, timely, personal notification your policies and the Minimum Standards require, particularly for injuries requiring attention. Whether a signature or acknowledgment in a specific form is required for a given incident type is a Minimum Standards question you answer.
Without limiting Section 6, we do not warrant that any incident report is accurate or complete; that routing will reach any person or reach them timely; that acknowledgments will be made or recorded; or that use of this module satisfies any incident-documentation, parent-notification, or authority-reporting requirement of the Minimum Standards or other law. The module is the incident’s paperwork — the response, the phone calls, and the mandated reports are, and were always, yours to make.
The Safety & Drills module, designed and built by the Company and made available to you at your request as a subscribing Operator, logs the emergency drills your operation conducts — fire, severe weather, lockdown, and others you configure — and tracks safety inspections, with indicators showing what has and has not been logged.
Drills exist in the physical world: staff moving children through evacuation routes, sheltering procedures rehearsed until they are muscle memory, problems discovered and fixed. The Platform records that a drill occurred, when, and what you noted about it — it does not conduct, schedule, evaluate, or improve any drill, and logging a drill that was not actually and properly conducted is a violation of Section 5.2 and, likely, of the Minimum Standards. The value of a drill is in the rehearsal, not the record; the record only proves the rehearsal happened.
How often each drill type must be conducted, what an acceptable drill includes, what must be documented, and how emergency preparedness plans must be maintained are set by the Minimum Standards and the fire and safety authorities with jurisdiction over your operation. The module’s drill types and any frequency expectations it displays are configuration — conveniences that may not match the rules applicable to your permit, building, or locality. Consistent with Section 3.3, you are charged with knowing and meeting the actual requirements from their authoritative sources.
Indicators such as “no drill logged” are computed from your entries, exactly as described in Sections 10.3 and 23.3: an unlogged drill may have been conducted, and a logged drill proves only an entry. An indicator is a prompt for your attention, not a compliance determination in either direction, and the absence of a warning is not an assurance that your drill program meets any requirement.
Inspection records in this module are your entries about inspections conducted by you or by the authorities and professionals your operation engages — fire marshals, sanitation inspectors, equipment inspectors. The Company does not inspect anything, does not schedule or procure inspections, and does not verify that any inspection occurred or that findings were addressed. Obtaining required inspections, correcting deficiencies, and retaining official inspection documentation are your obligations.
Without limiting Section 6, we do not warrant that drill logs or inspection records are accurate or complete; that configured drill types or frequencies match applicable requirements; that indicators will surface any lapse; or that use of this module satisfies any drill, documentation, emergency-preparedness, or inspection requirement. When the alarm sounds — in a drill or in earnest — what happens next was built by your training and rehearsal, and by nothing on a screen.
The Emergency Bundle module, designed and built by the Company and made available to you at your request as a subscribing Operator, assembles a printable emergency sheet covering the active children in your care — drawing emergency contacts, medical alerts, allergies, medications, and authorized-pickup information from their Child Records into a single document intended to travel with your staff when children do.
The Bundle contains what the Child Records contained at the instant it was generated. It does not update itself: every enrollment, withdrawal, new allergy, changed phone number, and revised pickup authorization after generation makes the printed copy wrong in that respect. You are responsible for a regeneration practice matched to how you use the Bundle — printing fresh copies on a schedule and before any occasion that relies on them, destroying superseded copies, and never treating an old printout as current. Sections 11.2 and 11.3 govern the accuracy of what flows into every Bundle: the sheet can only be as right as the records were.
Consistent with Section 3.7, the Bundle is a convenience that supports your emergency procedures; it is not an emergency plan, does not replace the emergency preparedness plan the Minimum Standards require, and must never be a precondition to acting. Evacuating, sheltering, accounting for children face-to-name under Section 10.3, rendering aid, and calling 911 come first, with or without a printout in hand. A Bundle that is missing, outdated, or unreadable in the moment does not transfer any responsibility to the Company.
A generated Bundle concentrates the most sensitive information the Platform holds about every active child — identities, medical conditions, family contacts, and who may collect each child — onto a portable document outside the Platform’s access controls. From the moment of generation, its custody is entirely yours. You are responsible for: limiting who may generate, print, and carry Bundles; storing copies securely and destroying superseded ones; treating a lost or misplaced Bundle as a disclosure incident under your own policies and any applicable law; and remembering that Section 11.4 applies to every copy — printed, exported, or photographed — exactly as it applies to the record on the screen.
Without limiting Section 6, we do not warrant that any Bundle is accurate, complete, or current as of any moment after generation; that generation or printing will be available when wanted, including during outages or emergencies; or that the Bundle’s contents or format satisfy any emergency-preparedness, record, or portability requirement of the Minimum Standards. The Bundle is a photograph of your records, aging from the moment it is taken — the records themselves, and the paper once printed, are in your hands.
The Website Manager, Photos & Videos, and Daily Schedule modules, designed and built by the Company and made available to you at your request as a subscribing Operator, together operate your public web presence: your website address on the Platform and any custom domain you connect (Website Manager); the photographs and videos of your operation shown on that website (Photos & Videos); and the daily activity plan displayed to families (Daily Schedule).
Your website is published to the world under your operation’s name, on infrastructure we host and designs we license to you under Section 4.2 for the duration of your Subscription. Everything it communicates — program descriptions, hours, tuition statements, staff information, availability, and every claim about your operation — is your representation to the public. You are responsible for its accuracy and lawfulness, including advertising law and any Minimum Standards rules about how childcare operations may represent themselves, their capacity, and their permit status. The Company does not review your website’s content and is not the publisher of it.
Section 4.4’s consent representation applies with full force here, and deserves restating because the stakes are a child’s face on the public internet: before any photograph or video showing a child appears on your website or marketing, you must hold documented consent from that child’s Parent that covers public posting — not merely enrollment photos or internal use. Consent can be withdrawn; when it is, or when a child’s circumstances make visibility a risk (including custody and protective-order situations under Section 14.3), removing the imagery promptly is your responsibility. Publishing a child’s image without adequate consent is a material breach, and we may remove imagery on notice of a credible objection without liability to you.
Your Platform subdomain is governed by Section 8.3. A custom domain you connect remains yours — registered, renewed, and configured by you — and its DNS, registrar, and certificate ecosystems are third-party services under Section 6.3. Website availability is subject to Section 6.2; your website is provided as part of the Subscription and is unpublished when the Subscription ends, as described in Section 33.
The Daily Schedule module displays the activity plan you choose to share. Families understand days change — and your published schedule is a description of intent, not a contractual commitment to any activity, time, or curriculum outcome, unless your own enrollment agreement makes it one. Keeping the published schedule reasonably current, and accurate enough not to mislead prospective families, is your responsibility.
Without limiting Section 6, we do not warrant that your website will be continuously available, indexed by any search engine, or rendered correctly on any device; that any design meets accessibility or other legal requirements applicable to your operation; or that published content, imagery, or schedules are accurate or adequately consented. The storefront is yours — we supply the building; what hangs in the window is your judgment and your responsibility.
The Marketing module, designed and built by the Company and made available to you at your request as a subscribing Operator, generates promotional materials for your operation — printable flyers, shareable links and pages, and campaign content — to help you reach families and fill open spots.
Materials this module produces are generated content under Section 4.6: drafts assembled from your Operator Content, your Daycare Settings, and templates we designed. Before any material is printed, posted, or sent, you must review it and confirm every statement in it is true of your operation — programs, hours, prices, staff qualifications, capacity, and availability. Once you distribute it, it is your advertisement, made under your name, and Section 27.2’s publication responsibility applies to it wherever it travels.
You are responsible for your marketing’s compliance with advertising law and with any Minimum Standards or licensing rules governing how childcare operations may advertise — including rules about representing permit status, capacity, program claims, and the use of terms your permit type may or may not entitle you to use. Claims of open spots, availability, or enrollment timelines must reflect reality when made and be corrected when reality changes; marketing that overstates availability to collect applications or deposits is deceptive and a material breach. Imagery of children in marketing is governed by Section 27.3 without exception.
However a material leaves your hands — printed and posted, shared to social platforms, emailed, or texted — the distribution is your communication under Section 5.4: consent, opt-outs, sender identification, and each destination platform’s own rules are yours to satisfy. Sharing tools the module provides are conveniences, not judgments that any particular distribution is lawful or welcome.
Without limiting Section 6, we do not warrant that generated materials are accurate, lawful, or effective; that any flyer, page, or campaign will produce enquiries, tours, or enrollments; or that any distribution channel will accept, display, or deliver your materials. The megaphone is ours; every word shouted through it is yours.
The Call Center add-on, designed and built by the Company and made available to you at your request as a subscribing Operator, provides a business phone line for your operation: inbound calls answered and routed to your staff according to rules you configure, with voicemail delivered into your CRM, at the recurring price and included usage stated at purchase. It is an optional add-on governed by Section 9.4: requesting it does not activate it, and billing begins only on confirmed activation.
The Call Center is your operation’s phone presence. How calls are greeted, where they route, who answers, what voicemail invites, and how messages are followed up are your configuration and your staffing. A call that rings unanswered because your routing pointed nowhere, a voicemail never returned, or a message mishandled by your staff is an operational outcome of yours. We set up the service with you, but the Company does not answer your phone, speak for your operation on it, or monitor your calls’ content.
If call recording or voicemail transcription is enabled for your line, compliance with call-recording and wiretap law is your responsibility. Consent requirements vary by jurisdiction and are determined by the locations of all parties to a call — your callers may be anywhere, including states requiring every party’s consent. You are responsible for determining what notices or consents your configuration requires (including recorded greetings disclosing recording where needed), for enabling recording only where you can meet those requirements, and for the storage, access, and retention of recordings and transcripts, which are Operator Content under Section 4.4 and business records under Section 5.2.
Phone service depends on telecommunications carriers, number registries, and messaging/voice infrastructure providers under Section 6.3. Call quality, connection, caller-ID display, spam labeling by carriers, and number portability are subject to those third parties’ networks and policies. Numbers provisioned for your use are licensed for use with the add-on: porting rights on cancellation, where supported, are handled per carrier processes on your request, and we do not warrant that any number can be retained or ported.
Consistent with Section 3.7, the Call Center is a business line: it is not an emergency service, may not reliably support 911 dialing or accurate emergency location, and must never be published or relied upon as an emergency contact method for your operation. Emergencies use the public 911 system directly.
Included minutes and usage are subject to the fair-use allowance stated at purchase under Section 5.6; usage beyond it may be throttled or billed as stated at purchase, on notice. The add-on may be cancelled separately under Section 9.4, and on cancellation the line, routing, voicemail, and any recordings cease per Section 33’s data-handling terms.
Without limiting Section 6, we do not warrant call completion, audio quality, caller-ID accuracy, freedom from carrier spam labeling, voicemail delivery, or transcription accuracy; that recording configurations comply with any law; or that the add-on will produce answered calls, returned messages, or enrollments. The line carries the voice — what your operation says on it, and whether anyone picks up, is yours.
The AI Employee add-on, designed and built by the Company and made available to you at your request as a subscribing Operator, answers your operation’s phone — including after hours — using automated, artificial-intelligence–generated conversation. Drawing on the information in your Tenant and your configuration, it can share details such as openings, hours, and directions, and can book tours. It is an optional add-on governed by Section 9.4, at the recurring price and included usage stated at purchase; it is activated only after your explicit confirmation, and billing begins only on confirmed activation.
Everything the AI Employee tells a caller is generated from the information you have maintained — Daycare Settings, availability, schedules, and the content you have made available to it — processed by AI systems that generate language. AI-generated responses can be wrong even when your data is right: they may misstate, omit, overgeneralize, or answer confidently outside their knowledge. You are responsible for keeping the information the AI Employee draws on accurate and current under Section 8.4, for reviewing how the AI Employee represents your operation, and for correcting configurations that produce inaccurate answers. Statements the AI Employee makes to callers are made on your behalf, as your automated answering; they are not statements of the Company, and Section 4.6’s generated-content terms apply to them.
Laws and carrier policies increasingly regulate automated and AI-generated calls and answering, including requirements that callers be informed they are interacting with an automated system. You are responsible for ensuring your use of the AI Employee complies with the law of every jurisdiction your callers may be in, including any disclosure, consent, or recording requirements, and for configuring greetings and disclosures accordingly. Using the AI Employee in a manner designed to pass it off as a live human where disclosure is required is a material breach.
The AI Employee is a receptionist for routine enquiries. It is not staffed by humans, exercises no judgment about children, and must not be relied on for anything touching safety or care: it is not an emergency channel (Sections 3.7 and 29.5 apply in full), it is not a means for Parents to report absences, incidents, medical instructions, custody changes, or pickup changes with any assurance of human receipt, and no statement it makes alters any obligation in these Terms or any arrangement between you and a family. You are responsible for making clear to families which channels reach humans and which matters require them.
A tour booked by the AI Employee is an appointment request, recorded in your Tenant — not a contract, an enrollment, an offer of placement, or a reservation of a spot. Honoring, rescheduling, or declining bookings is your operational decision. Information callers share with the AI Employee — names, contact details, questions asked — is collected on your behalf as Operator Content, handled under Sections 4.4 and 5.3, and any recordings or transcripts of Agent calls are subject to Section 29.3’s consent requirements.
Included minutes and interactions are subject to the fair-use allowance stated at purchase under Section 5.6; excess usage may be throttled or billed as stated at purchase, on notice. The add-on may be cancelled separately under Section 9.4. We may suspend or modify the AI Employee’s behavior, or disable it, where we identify outputs or usage creating legal risk, caller harm, or Platform risk, and doing so is not a breach of these Terms.
Without limiting Section 6, we do not warrant that the AI Employee will answer any call; that its statements will be accurate, complete, or consistent with your data or your wishes; that it will disclose its automated nature in any manner required by any law; that bookings will be recorded or honored; or that its use will produce tours, enrollments, or satisfied callers. The AI Employee speaks with your operation’s voice at your election — supervising what it says, and catching what it gets wrong, is part of choosing to use it.
The Support module, designed and built by the Company and made available to you at your request as a subscribing Operator, is how you get help from our team: submitting and tracking tickets, and, where offered, live screen-share sessions in which our personnel assist you directly.
We work to respond helpfully and promptly, and we care that you are unblocked — but support is provided without any service-level agreement: no guaranteed response time, resolution time, availability window, or outcome, unless a separate written agreement between us says otherwise. Support communications, including anything our personnel say in a ticket or session, are assistance in using the Platform — they are not amendments to these Terms, warranties, or legal, compliance, or professional advice under Section 3.5.
A screen-share or assisted session lets our personnel see what you show them — which, on this Platform, may include Child Records and other sensitive information. By initiating or accepting a session, you authorize that visibility for the session’s purpose, and you are responsible for showing only what the issue requires. Separately, resolving a ticket may require our personnel to access your Tenant’s data or act on your instructions within it; you authorize that access to the extent needed to address the issue you raised. Our personnel’s access is for support, subject to the Privacy Policy, and changes made at your direction in a session are your changes under Section 8.5’s attribution rules.
Ticket contents, session notes, and changes made in support interactions may be retained as business records under Section 5.2 — including for training our team and improving the Platform. State the facts of an issue accurately: support acts on what you tell us, and misdescribing an issue to obtain changes to records or billing is a violation of Section 5.2.
Tickets and support chats are for operational help. Legal notices — disputes under Section 7.2, indemnification matters, subpoena and records demands, security incident reports, and formal notices under these Terms — must be sent to support@daycareoftexas.com or our principal office address, identified as such. A statement buried in a support ticket is not effective legal notice.
Without limiting Section 6, we do not warrant that any issue will be resolved, resolved within any time, or resolved without data changes you must review; or that support advice fits your operational or compliance circumstances. We will genuinely try to help — that effort is the commitment, and it is the only one this Section makes.
As between you and the Company, you own the data in your Tenant — Child Records, family and staff information, enrollment and billing records, documents, messages, and configurations (collectively, “Tenant Data”). We claim no ownership of Tenant Data. You grant us the licenses in Section 4.4 and this Section so we can operate the Platform, and nothing in these Terms transfers ownership of Tenant Data to us.
We process Tenant Data to provide, maintain, secure, and improve the Platform; to meet our legal obligations; and as described in the Privacy Policy. Consistent with Section 3.6: we do not sell Tenant Data, we do not use Child Records to advertise to children or families, and we do not disclose Tenant Data except to provide the Platform (including through the service providers that host and operate it), as you direct, or as the law requires. We may create and use data that is aggregated or de-identified so that it does not identify you, any child, or any individual — for example, to understand feature usage and improve the Platform — and such data is not Tenant Data.
We maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Tenant Data, including logical separation of Tenants, role-based access controls, encrypted transport, and credentialed access to production systems. No system is impenetrable, and we do not warrant that Tenant Data will be free from unauthorized access, loss, or alteration. Security is also shared work: your credential practices under Sections 2.6 and 8.5, your access configurations, and your handling of exports and printouts under Sections 11.4 and 26.4 are part of your data’s protection and are outside our control. If we determine that a security incident has affected your Tenant Data, we will notify you as required by law and will provide information reasonably needed for you to meet your own notification obligations — which, for data about families and children, are yours to identify and perform.
You may export your Tenant Data using the Platform’s export capabilities during your Subscription and during any post-termination window described in Section 33. Exports are provided in the formats the Platform supports at the time; we do not warrant compatibility with any other system. Once exported, data is outside the Platform’s protections and entirely in your custody under the same principles as Section 26.4. We encourage regular exports of records you are required to retain: your retention obligations under Section 11.5 are met by records you hold, not by the Platform’s continued existence.
We maintain backups of Platform data for disaster recovery on schedules we set. Backups exist to restore the Platform, not to serve as your archive: we do not warrant recovery of any particular record, restoration to any particular moment, or retrieval of data you deleted. Deleted data may persist in backups for a period before cycling out, as described in Section 33.
Consistent with Section 11.4, demands for Tenant Data served on the Company — subpoenas, court orders, agency demands — will be handled as the law requires; where lawful and practicable, we will notify you so you may seek protection, and we may charge reasonable costs of production where permitted. Demands served on you are yours to answer from your own records and exports.
Without limiting Section 6, we do not warrant uninterrupted access to Tenant Data; that exports will be complete or fit for any purpose; that backups will restore any particular data; or that our safeguards will prevent every incident. The data is yours; the vault is ours to run with care — and prudent operators keep their own copies of what the law requires them to keep.
We may suspend or restrict access to the Platform, a Tenant, a feature, or specific credentials where we reasonably believe it necessary to address: non-payment under Section 9.5; a material breach of these Terms, including Sections 5 (Acceptable Use) and 8 (account accuracy); a security risk, compromise, or vulnerability; legal risk to the Company, to families, or to the Platform; harm or credible risk of harm arising from use of the Platform; or a requirement of law or legal process. Where practicable we will notify you of a suspension and its reason and work with you to resolve it; where the risk is immediate — including anything endangering children’s data — we may suspend first and notify after, consistent with Section 5.7. Suspension does not pause Subscription fees unless we say so in writing.
You may terminate by cancelling under Section 9.6. We may terminate: (a) for material breach that remains uncured fifteen (15) days after notice describing it, or immediately for breaches that are incurable or that involve falsified records, misuse of Child Records, endangerment, unlawful conduct, or fraud; (b) for non-payment under Section 9.5; or (c) for any reason or no reason on ninety (90) days’ notice, recognizing that childcare operations need runway to transition — in which case we will refund any prepaid fees for the period after the effective date.
Whatever the reason for termination — including termination for cause — you will have access to export your Tenant Data for thirty (30) days after the effective date of termination, through export capabilities or another commercially reasonable mechanism we designate. We impose this rule on ourselves deliberately: the records in a Tenant document the care of children, support continuity of that care, and back your legal retention obligations, and no billing or contract dispute justifies stranding them. Export access during wind-down may be read-only and conditioned on identity verification, and it does not waive amounts you owe or claims either party has.
After the export window: your website and Parent Portal are unpublished and your subdomain released under Section 8.3; Parents’ portal access to your Tenant ends (their relationship with the Platform through any other Operator is unaffected); and we will delete or de-identify your Tenant Data within ninety (90) days, except data we must retain for legal, accounting, dispute, or security purposes — including acceptance records under Section 2.1, billing records, audit trails, and signature audit certificates — which we retain as long as those purposes require. Deleted data may persist in backups until backup cycles complete under Section 32.5, protected until overwritten. Deletion is irreversible: after it occurs, we cannot recover your Tenant Data for you, and your retention obligations under Section 11.5 are satisfied only by the exports you took.
Termination ends our provision of software to you; it does not end your obligations to the families you serve — records access, notices, refunds of amounts you owe them, and transition of care are governed by your enrollment agreements and applicable law, and remain yours. You are responsible for informing families of any change in how they will interact with your operation after the Platform relationship ends.
Sections and obligations that by their nature should survive do survive termination — including Sections 1 (Definitions), 3 (Our Role), 4.4–4.8 (content licenses as stated, feedback, complaints), 5.2 (record integrity as to retained records), 6 (Disclaimers & Limitation of Liability), 7 (Governing Law & Disputes), 9 (amounts owed and fee disputes), 32 (Data Ownership & Export, as applicable to retained data), this Section 33, and, in Part III, Sections 38–39 as applicable to past transactions and data.
This Part applies to parents, guardians, and other adults given access to a Parent Portal. It supplements Part I, which also applies to you. In this Part, “you” means the Parent, and “your provider” means the childcare operation (the Operator) caring for your child.
The Parent Portal is the part of the Platform your childcare provider uses to interact with you: enrollment paperwork, your child’s information and daily reports, documents to sign, pickup verification, messages, and — where your provider enables it — billing information. The Portal is software we build and host; the childcare, the records, and the decisions are your provider’s.
Portal access is created, shaped, and ended by your provider — not by us. What you can see and do reflects what your provider configured. If your access is missing something, shows something wrong, or ends unexpectedly, your provider is the one who controls it and the one to ask. Consistent with Section 3.4, we do not decide who in a family gets access, and we cannot adjudicate family disagreements about it.
Keep your sign-in credentials, one-time codes, and portal links to yourself — they unlock information about your child. Do not share your account, use someone else’s, or let anyone else act as you in the Portal. Everything done under your credentials is treated as done by you, per Section 2.6. If you think your account has been compromised, tell your provider and us at support@daycareoftexas.com right away.
What you see in the Portal — attendance, reports, balances, schedules — is your provider’s record as entered by their staff (and, for some items, by you). It may lag reality, contain errors, or be incomplete, and consistent with Section 6, we do not warrant its accuracy. If something you see conflicts with what you know or were told, raise it with your provider — the Portal is a window into their records, not a second source of truth.
Your Portal access for a given provider ends when that provider ends it, when your child’s enrollment ends and the provider closes your access, or when the provider’s own subscription to the Platform ends (Section 33.4). Before access ends, save copies of anything you may need later — reports, statements for tax purposes, signed documents. After access ends, records about your child are held by your provider under their obligations, and requests for them go to your provider.
We do not charge Parents for Portal access. Any amounts you see or owe in connection with childcare — tuition, fees, deposits — are owed to your provider under your agreement with them, as described in Section 38.
Through the Portal you may submit enrollment applications, your child’s information — health details, allergies, medications, immunization records, emergency contacts, authorized pickups — and documents your provider asks you to complete or sign. Everything you submit goes to your provider: we transmit and store it; your provider reads it, relies on it, and acts on it.
The information you provide becomes part of the record your provider’s staff use every day — who to call, what your child cannot eat, what medication they take, who may take them home. You agree that what you submit is true, complete, and current, and you understand that the staff caring for your child will rely on it. Guessing, omitting, or overstating — about allergies, health conditions, custody, or anything else — puts your own child’s care at risk and may put other children at risk. If you are unsure about something medical, say so to your provider rather than leaving a field blank or entering a guess.
Phone numbers change, allergies are diagnosed, custody orders are entered, authorized adults change. Keeping your child’s information current is a continuing duty, not a one-time form. For anything safety-critical — a new allergy or medical condition, a medication change, a custody or protective order, a change to who may pick up your child — do not rely on a Portal update alone: tell a human at your provider directly, and confirm they understood. A form saved at midnight does not brief the morning staff; consistent with Sections 6 and 30.4, no Portal submission, message, or update is guaranteed to be seen by any particular person at any particular time.
Documents you sign through the Platform’s electronic-signature process are signed for real: your electronic signature is intended to have the same legal effect as your handwritten signature, and the agreements you sign — enrollment agreements, tuition terms, consents, handbook acknowledgments — are contracts between you and your provider, as described in Section 18.2. Read them before signing; questions about what they mean go to your provider. By using the signing process you consent to transacting electronically; if you prefer paper, ask your provider whether they offer it.
Information about your child in your provider’s Tenant is controlled by your provider, as described in Sections 3.6 and 39. Requests to see, correct, or delete it go to your provider, whose obligations to you come from your enrollment agreement and applicable law. We support your provider’s handling of such requests within the Platform’s capabilities but cannot act on their records without their direction, except where the law requires us to.
Where your provider enables it, the Portal gives you a QR code or similar credential to present at pickup. Scanning it helps your provider’s staff confirm the pickup against your child’s authorized-pickup list — the list maintained by your provider from the designations you and they have made under Section 14.4.
Possessing a QR code does not entitle anyone to your child. The code is an aid to identification — it is not authorization by itself, and a successful scan is not a release. Your provider’s staff decide, at the door, whether to release your child, using their procedures: checking the authorized list, verifying identity (including photo identification where their policy requires), and exercising judgment. Staff may decline a release even when a code scans — and you should want them to, because that judgment is what stands between your child and a code in the wrong hands.
Treat your pickup code like a house key: do not post it, screenshot it into shared albums, forward it, or let others photograph it. Do not share your code with another adult as a way of “authorizing” them — authorization happens through your provider’s process, by adding the person to the authorized-pickup list, never by handing over a code. If your phone or code may be compromised — lost phone, ended relationship, anyone with access who should not have it — tell your provider immediately so the code can be revoked and reissued, and update your authorized-pickup designations under Section 35.3’s safety-critical rule.
If a custody order, protective order, or family circumstance restricts who may collect your child, that restriction is given effect by your provider’s records and staff — per Sections 14.3 and 14.4 — not by the Platform. Give your provider the current order and confirm their records reflect it. The Platform does not read court orders, and a code held by a restricted person does not overcome — and must never be relied upon to enforce — any restriction.
Consistent with Section 6, we do not warrant that scanning will function at any given moment, that codes cannot be copied or misused if you fail to protect them, or that the verification feature will prevent an improper release. Pickup safety is built from your provider’s procedures, their staff’s vigilance, and your care with your credentials — the code assists all three and replaces none of them.
By providing your contact details and using the Portal, you consent to receive communications connected to your child’s care and enrollment through the channels you have provided — Portal notifications, email, text messages, and phone calls. These include daily reports, incident notifications, signature requests, billing notices from your provider, schedule changes, and messages from your provider’s staff. Message and data rates from your carrier may apply to texts and calls.
Communications about your child, your account with your provider, or their programs are your provider’s messages, sent through infrastructure we operate — consistent with Sections 5.4 and 14.5. Content questions, complaints about frequency or tone, and requests to be contacted differently go to your provider. We send our own messages only for limited purposes: security and sign-in (such as one-time codes), service notices about the Platform itself, and responses when you contact us.
You can opt out of marketing and promotional messages at any time: reply STOP to promotional texts, use the unsubscribe link in promotional emails, or tell your provider. Opt-outs are honored per channel and sender. Two kinds of messages continue even after a marketing opt-out, because they are not marketing: transactional and care-related messages from your provider (incident notices, signature requests, billing notices, schedule changes), and our security and service messages. If you want to stop those too, that is a conversation with your provider about how they communicate with you — or, ultimately, about the enrollment relationship itself.
Consistent with Sections 3.7, 14.5, and 35.3: no channel in the Platform is guaranteed to be delivered, seen, or seen in time. For anything urgent about your child — in either direction — use a live phone call to a human and confirm the message landed. Your provider is responsible for telling you which of their channels reach humans and when; if in doubt, call.
If you call your provider, your call may be routed, recorded, or answered by an AI employee, depending on what your provider has enabled (Sections 29 and 30). Where recording notices are given, continuing the call is your consent to recording where the law provides for consent that way. Information you give an automated assistant is collected for your provider — and per Section 30.4, never leave a safety-critical instruction with an automated assistant: absences, medical changes, custody or pickup changes need a human, confirmed.
Tuition, fees, deposits, and every other childcare amount are owed by you to your provider under your enrollment agreement with them — as described in Sections 18.2 and 19. We are not a party to those obligations, do not set or collect them as our own, and are not owed anything by you (Section 34.6). Balances, invoices, and statements you see in the Portal are your provider’s records under Section 34.4, and billing questions and disputes go to your provider under Section 3.4.
The Portal may display billing information without offering a way to pay through it. Online payment features are offered only if and as your provider and the Platform make them available, and nothing in these Terms promises that any payment method, processor, or pay button exists for your provider. Until and unless online payment is available to you, you pay your provider directly by the methods they accept, and a balance shown in the Portal is not an instruction to pay through it.
Where an online payment feature is available and you choose to use it: payments are processed by a third-party payment processor, not by us, and your use of it is subject to that processor’s terms and privacy policy; the payee is your provider; card and bank details you enter are collected by the processor, and we do not store your full card number; a successful payment satisfies your obligation to the extent of the amount received by your provider, and processing failures, reversals, and chargebacks are matters between you, your provider, and the processor. Refunds of childcare amounts come from your provider under your agreement with them — the Platform does not decide or guarantee any refund.
Payment entries you see in the Portal — including payments recorded by your provider as received outside the Platform — are your provider’s records under Section 19.5. Keep your own receipts and statements, including anything you need for tax purposes under Section 34.5; your provider is the issuer of tax-relevant childcare statements, not us.
Consistent with Section 6, we do not warrant that any payment feature will be available, function, or complete any transaction; that displayed balances are correct; or that any payment will be credited by your provider in any particular time. The money, like the childcare it pays for, moves between you and your provider — the Portal shows you their ledger and, where available, offers a way to pay it.
Through the Portal, the Platform holds information about you and your child: what you submitted under Section 35, what your provider’s staff recorded, and account details like your contact information and sign-in credentials. Almost all of it lives in your provider’s Tenant, under your provider’s control — they decide what is collected, who sees it, and how long it is kept, as Sections 3.6 and 32 describe. We hold and process it to run the Platform for them, and we hold a small amount for ourselves: your sign-in credentials, security logs, and records of your acceptance of these Terms.
Restating Section 32.2 directly to you: we do not sell information about you or your child, we do not use your child’s records to advertise to you or to anyone, and we do not disclose it except to operate the Platform, at your provider’s direction, or as the law requires. The Platform is not directed to children and does not knowingly collect information from children themselves (Section 2.2) — the information about your child comes from you and your provider, adults acting in the child’s interest.
Requests to access, correct, or delete information about you or your child go first to your provider, who controls the records (Section 35.5). For the small set of information we hold for ourselves — your credentials, security logs, acceptance records — you can contact us at support@daycareoftexas.com. Where privacy law gives you rights against us directly, we honor them as the law provides; where the law directs your request to your provider as the data’s controller, we will say so and help route it.
We protect Platform data with the safeguards described in Section 32.3, and the same honesty applies here: no system is impenetrable, and we do not promise yours or your child’s information can never be exposed. You play a part too — your credential care under Section 34.3 and your judgment about what you photograph, forward, or post from the Portal are protections no software can supply. If an incident affecting your information requires notice, notification duties run as described in Section 32.3 and applicable law — typically through or together with your provider.
Our Privacy Policy, incorporated into these Terms by Section 1.4, describes our data practices in detail — what is collected, how it is used, how long we keep it, and who our service providers are. Where this Section and the Privacy Policy overlap, they are meant to agree; if they ever conflict, the Privacy Policy controls on data-practice details, and these Terms control on legal obligations between us.