User Agreement

This User Agreement governs the terms and conditions of use of the ToddlersApp service provided by Brainstormer Technologies. By subscribing to or using the Service, you agree to be bound by this Agreement.

User Agreement and Conditions


1. Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement, as well as our Privacy Policy. If you do not agree to these terms, you may not use the Service.

2. Description of Service

ToddlersApp is a software-as-a-service (SaaS) platform designed to assist childcare providers in managing their day-to-day operations, including but not limited to attendance tracking, tuition management, and parent communication.

3. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

4. Subscription and Payment

4.1 Subscription Plans:
The Service is available through various subscription plans. The specific features, pricing, and terms of each plan are detailed on our website.

4.2. Payment:
You agree to pay the subscription fees associated with your chosen plan. All fees are non-refundable, except as explicitly provided in this Agreement.

4.3. Billing:
Subscription fees will be billed in advance on a recurring basis as per the terms of your subscription plan. You authorize us to charge your chosen payment method for the applicable subscription fees.

5. User Responsibilities

5.1 Account Security:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5.2. Compliance with Laws:
You agree to use the Service in compliance with all applicable laws and regulations. You shall not use the Service for any unlawful or fraudulent purposes.

5.3. Content:
You are solely responsible for all content, data, and information that you upload, post, or otherwise transmit via the Service. You grant us a non-exclusive, royalty-free license to use, reproduce, and process your content solely for the purpose of providing the Service.

6. Intellectual Property

6.1 Ownership:
The Service, including all content, software, and technology, is the property of Brainstormer Technologies and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service as provided in this Agreement.

6.2. Restrictions:
You may not copy, modify, distribute, sell, or lease any part of the Service or reverse engineer or attempt to extract the source code of the software.

7. Privacy

Our use of your personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

8. Limitation of Liability

8.1 Disclaimer:
The Service is provided on an "as-is" and "as-available" basis, without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2. Limitation of Liability:
To the maximum extent permitted by law, Brainstormer Technologies shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangibles, arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify, defend, and hold harmless Brainstormer Technologies, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Service or violation of this Agreement.

10. Termination

10.1 Termination by User:
You may cancel your subscription and terminate this Agreement at any time through your account settings. No refunds will be provided for partial subscription periods.

10.2. Termination by Company:
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease.

10.3. Survival:
Survival: Sections 5, 6, 8, 9, 10.3, and 11 shall survive any termination of this Agreement.

11. Governing Law and Dispute Resolution

11.1 Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws principles.

11.2. Dispute Resolution:
Any disputes arising out of or relating to this Agreement or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Washington USA, and the language of the arbitration shall be English. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

12. Modifications to the Agreement

We reserve the right to modify this Agreement at any time. Any changes will be effective upon posting the updated Agreement on our website. Your continued use of the Service after any such changes constitutes your acceptance of the new terms.

13. Miscellaneous

13.1 Entire Agreement:
This Agreement, along with the Privacy Policy, constitutes the entire agreement between you and Brainstormer Technologies regarding the use of the Service.

13.2. Severability:
If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

13.3. Waiver:
The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of that right or provision.

14. Contact Information

If you have any questions about this Agreement, please contact us at:

Email:
info@toddlersapp.com

Address:
23118 NE 19th DR, Sammamish WA 98074

Phone:
+1 (425) 442-4200