Terms of Use

Effective Date: 12/15/2025

These Terms of Use (“Terms”) govern your access to and use of the CareDay Solutions platform, applications, websites, and related services (collectively, the “Services”). By accessing or using the Services, you (“Customer,” “you,” or “your”) agree to be bound by these Terms.

If you have entered into a separate Software-as-a-Service Agreement or Order Form with CareDay Solutions, that agreement governs in the event of any conflict between those terms and these Terms of Use.

If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization.

1. Overview of Services

CareDay Solutions provides cloud-based childcare management software, including features for enrollment, scheduling, attendance, billing, communication, reporting, and related administrative tools (“CareDay Platform”). The specific modules and features you may access depend on your subscription plan.

2. Eligibility

You may use the Services only if you:

  • Are at least 18 years old,

  • Have the legal capacity to enter into a binding contract, and

  • Are using the Services for a licensed childcare center, school, or related organization.

3. Account Registration & Security

You are responsible for:

  • Providing accurate and complete registration information,

  • Maintaining the confidentiality of account credentials,

  • Ensuring only authorized personnel access the platform,

  • Notifying CareDay Solutions promptly of any unauthorized access.

CareDay Solutions is not responsible for losses resulting from unauthorized access caused by your failure to secure your credentials.

4. Subscription, Fees & Payment

Use of the Services requires a paid subscription unless otherwise agreed.

4.1 Fees

Fees are defined in your service agreement, order form, or online subscription plan. All fees are non-refundable except as required by law or expressly stated in your service agreement.

4.2 Billing

CareDay Solutions may bill monthly or annually depending on your plan. Late payments may result in suspension of access until payment is received.

4.3 Taxes

You are responsible for all applicable taxes, duties, or similar assessments (excluding CareDay Solutions income taxes).

5. Customer Data

“Customer Data” includes information uploaded, stored, or processed through the Services by you, your staff, or your authorized users.

5.1 Ownership

You retain all ownership rights to Customer Data. CareDay Solutions does not claim ownership.

5.2 Use of Customer Data

You grant CareDay Solutions a limited license to process Customer Data solely for purposes of:

  • Delivering and improving the Services,

  • Providing support,

  • Meeting legal obligations.

5.3 Data Security

CareDay Solutions implements commercially reasonable administrative, physical, and technical safeguards to protect Customer Data.

5.4 Data Privacy

CareDay Solutions complies with applicable privacy laws governing education and childcare data. A separate Privacy Policy describes how data is collected, used, and retained.

6. Customer Responsibilities

You agree not to:

  • Use the Services for unlawful purposes,

  • Input any viruses or malicious code,

  • Attempt unauthorized access to any CareDay Solutions systems,

  • Interfere with system integrity or performance,

  • Use the Services in a manner that violates applicable childcare, privacy, or safety laws.

You are solely responsible for obtaining parental consent where required by law for storing child-related information.

7. Intellectual Property

Except for Customer Data, CareDay Solutions owns all rights, title, and interest in:

  • The Services,

  • Software, interface designs, features, and architecture,

  • All trademarks, logos, and proprietary content.

No rights are granted to you except those expressly stated in these Terms.

8. License Grant

CareDay Solutions grants you a non-exclusive, non-transferable, limited license to access and use the Services for your internal childcare operations in accordance with these Terms.

9. Service Availability & Support

CareDay Solutions will use commercially reasonable efforts to maintain service uptime. However, we do not guarantee uninterrupted or error-free service.

Scheduled maintenance may require temporary downtime, and reasonable notice will be provided whenever possible.

10. Third-Party Services

The Services may integrate with third-party applications (e.g., payment processors, email providers). CareDay Solutions is not responsible for the availability, performance, or data practices of third-party services.

11. Term & Termination

11.1 Term

These Terms remain effective while your subscription is active.

11.2 Termination by Customer

You may terminate your subscription upon written notice subject to your contract’s cancellation policy.

11.3 Termination by CareDay Solutions

We may suspend or terminate access if:

  • You violate these Terms,

  • Payment is not received within a reasonable period,

  • Required by law or to protect system integrity.

11.4 Effect of Termination

Upon termination:

  • Your license to use the Services ends,

  • CareDay Solutions will provide a reasonable window to export Customer Data (unless prohibited by law),

  • No refunds are provided for unused subscription periods.

12. Confidentiality

Both parties agree to maintain the confidentiality of each other’s proprietary information and use it only for purposes of fulfilling these Terms.

13. Warranties & Disclaimers

CareDay Solutions provides the Services “as-is” and “as-available.”
 We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

CareDay Solutions does not guarantee that:

  • The Services will meet your requirements,

  • The Services will operate without interruption or errors,

  • Data will not be lost (though we take steps to protect it).

14. Limitation of Liability

To the fullest extent permitted by law:

  • CareDay Solutions’ total liability for any claim shall not exceed the amount paid by you in the six (6) months preceding the event giving rise to the claim.

  • CareDay Solutions is not liable for indirect, incidental, special, consequential, or punitive damages, including loss of revenue, data, or business opportunities.

15. Indemnification

You agree to indemnify and hold CareDay Solutions harmless from any claims, damages, or losses arising from:

  • Your misuse of the Services,

  • Your violation of laws or regulations,

  • Your breach of these Terms.

16. Modifications

CareDay Solutions may update these Terms from time to time. Material changes will be communicated via email or system notification. Continued use constitutes acceptance.

17. Governing Law

This Agreement is governed by the laws of the State of Ohio, without regard to conflict of law principles.

18. Miscellaneous

  • These Terms constitute the entire agreement between the parties.

  • If any provision is deemed unenforceable, the remaining terms remain in effect.

  • Failure to enforce a right does not waive that right.