Terms of Service

By creating an account or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

If you use the Service on behalf of an organization (such as a daycare or childcare center), you represent that you have the authority to bind that organization to these Terms, and "you" includes that organization. Organizations additionally enter into our Data Processing Agreement, which is presented in the dashboard and forms part of these Terms.

NestliCare is a childcare management platform that connects childcare providers with families. The Service includes:

• Daily activity tracking and reporting for enrolled children
• Photo and media sharing between staff and parents
• Messaging between parents and staff
• Attendance management (check-in and check-out)
• Announcements and newsletters
• Invoicing and online payment processing
• Digital forms and electronic signatures
• Administrative tools, including staff scheduling, timesheets, and reporting

We may add, change, or remove features of the Service over time. NestliCare is a management and communication tool. We do not provide childcare, and we are not responsible for the quality, safety, or legality of the childcare services provided by organizations that use the Service.

Organization accounts are available to childcare organizations located in the countries we list during signup. Online payment features depend on our payment processors and may not be available in every country or for every payment method.

The Service is intended for use by adults. You must be at least 18 years old to create or use an account. Children do not use the Service directly; information about children is entered and managed by authorized adults.

Organization accounts: Organization administrators create the organization account and are responsible for managing staff and parent accounts within their organization and for the accuracy and lawfulness of the information they enter into the Service.

Parent and staff accounts: Parent and staff accounts are created by invitation from an organization. By using the Service, parents and staff agree to these Terms.

Account security: You are responsible for maintaining the confidentiality of your credentials and for activity under your account. Notify us immediately at [email protected] of any unauthorized use. To the extent permitted by law, we are not liable for losses caused by unauthorized use of your account that occurs before you notify us.

Free software: NestliCare does not charge organizations subscription fees. All platform features are available to organizations at no software cost.

Fair use: Unlimited features, including unlimited children, staff, rooms, and centers, mean unlimited for the ordinary operation of a real childcare business. Use of the Service outside that purpose, including the patterns listed in Section 7, is handled under Sections 7 and 14 (suspension or termination); abuse never converts a free account into a paid one.

Payment processing: Online payments made through the Service are processed by third-party payment processors (currently Stripe, and for some organizations Adyen). A convenience fee applies to online payments and is disclosed before a payment is confirmed. By enabling payment features, organizations also agree to the applicable processor's terms, including the Stripe Connected Account Agreement where Stripe is used.

Payouts: Payout timing is controlled by the payment processor and may be delayed by identity verification, risk review, or the processor's standard schedules, particularly for a first payout.

Taxes and disclosures: Organizations are responsible for the tuition and fees they charge, for any taxes that apply to them, and for any disclosures they are legally required to make to the families they serve.

Organizations decide what information about children, families, and staff they enter into the Service, and they remain responsible for that information. If you are an organization, you must have a lawful basis and all required consents for the personal information you and your staff enter, including written photo and media consent from a parent or guardian before uploading any image, video, or audio recording of an identifiable child. You agree to provide documentation of such consent on request.

Childcare licensing and record-keeping laws may require your organization to retain certain records (such as attendance, incident, or health records) for a period of time. Deleting records in the Service can be permanent. It is your responsibility to export or preserve records you are required to keep before deleting them or closing your account.

Some features use AI to draft content or, where your organization has enabled it, to propose changes to records such as attendance corrections or staff shifts. A proposed change takes effect only when an authorized administrator reviews and approves it. An approved change is your organization's own action, recorded under the approving administrator's account, and your organization is responsible for reviewing proposals before approving them.

You agree not to:

• Use the Service for any unlawful purpose
• Upload content that is harmful, offensive, or infringes any third party's rights
• Attempt to gain unauthorized access to the Service or to other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Use the Service to collect personal information about others without their consent
• Share your account credentials with unauthorized individuals
• Access the Service by automated means without our written consent
• Upload or submit records regulated by FERPA (student education records), HIPAA (protected health information), or GLBA, or submit Social Security numbers, passport numbers, driver's license numbers, or financial account credentials, without our prior written approval
• Use the Service for anything other than operating a legitimate childcare business; it is not general purpose file storage, marketing, or CRM infrastructure
• Resell, rent, sublicense, or white-label access to the Service
• Create fictitious organizations, children, staff, or activity, or inflate usage beyond your real operation

The Service includes messaging, push notification, newsletter, and announcement features that let organizations and their authorized users communicate with parents and staff. When you use these features, you (the organization or individual initiating the communication) are the sender of that communication for all legal and regulatory purposes. NestliCare acts solely as the technical delivery mechanism.

As the sender, you are solely responsible for:

• Obtaining any consents required from recipients under the laws that apply to you, such as the TCPA and CAN-SPAM Act in the United States, CASL in Canada, PECR in the United Kingdom, the ePrivacy rules and GDPR in the European Union, and the Spam Act in Australia
• Providing accurate sender identification and honoring opt-out and unsubscribe requests promptly
• Using the messaging features only for communications related to the care, enrollment, or administration of children at your organization

You may not use the Service's messaging, notification, or newsletter features for unsolicited commercial marketing, political campaigning, fundraising unrelated to your organization, or any communication unrelated to your childcare operations.

The Service and its original content, features, and functionality are owned by NestliCare LLC and are protected by copyright, trademark, and other intellectual property laws.

Your content: You retain ownership of the content you upload to the Service (photos, messages, documents, and records). You grant us a limited, non-exclusive license to host, store, back up, display, and transmit that content solely as necessary to provide the Service. If you send us feedback or suggestions, we may use them without obligation to you.

Our Privacy Policy describes what personal information we collect, how we use and share it, how long we keep it, and the rights you have. For the records an organization enters about children, families, and staff, the organization acts as the data controller and NestliCare processes that data on its behalf under the Data Processing Agreement.

While your account is active, we retain your data so we can provide the Service. Closing an account does not by itself erase data: organization records remain stored so they can be recovered, transferred, or deleted in an orderly way, and so that legally required records are not destroyed accidentally.

Organization owners may request deletion of their organization's data by contacting [email protected]. Parents may request deletion of their account from within the app; because childcare record-keeping laws apply to some records, these requests are reviewed by the child's organization. The timelines and what deletion covers are described in the Privacy Policy. We may retain information we need to comply with law, resolve disputes, or maintain financial records.

Organizations can export their records using the reporting and export tools in the Service and should do so before requesting deletion.

Some features rely on third-party services, such as payment processing (Stripe, Adyen). Your use of those features may be subject to the third party's own terms, and we are not responsible for third-party services we do not control.

We work to keep the Service available and dependable, but we do not guarantee that it will be uninterrupted, error-free, or available at any particular time. We may modify or discontinue features, and where a change materially reduces functionality organizations rely on, we will give reasonable advance notice when practicable.

We may suspend or terminate access to the Service where we reasonably believe these Terms have been violated, where use of the Service creates a security, legal, or fraud risk, or where required by law. Where practicable, we will give notice and an opportunity to resolve the issue first. You may stop using the Service and close your account at any time.

Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) survive.

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. NestliCare is not a party to the relationship between an organization and the families it serves, and information in the Service is entered by users, not verified by us.

AI-generated content, including assistant answers, drafted summaries, and proposed changes, may be incomplete or inaccurate. It is provided to help, not to decide: verify AI output against your organization's records before relying on it, especially for decisions about billing, attendance, staffing, or a child's care.

To the maximum extent permitted by law, NestliCare LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, or goodwill, arising out of or related to the Service.

To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or related to the Service will not exceed the greater of one hundred US dollars (USD 100) and the amounts you paid to NestliCare for the Service in the twelve months before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or for death or personal injury caused by negligence where such liability may not be excluded. If you are a consumer in a jurisdiction whose laws grant you mandatory rights or guarantees (for example under the Australian Consumer Law or EU and UK consumer protection law), those rights are not affected by these Terms.

If you are an organization, you agree to indemnify and hold harmless NestliCare LLC from claims, damages, and expenses (including reasonable legal fees) arising from the content you or your staff enter into the Service, from communications you send through the Service, from your failure to obtain required consents (including photo and media consent), or from your violation of these Terms or of applicable law. This obligation applies to the extent permitted by the law that applies to you.

These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict of law rules, and disputes will be resolved in the state or federal courts located in Georgia. If you are a consumer in a jurisdiction whose law entitles you to bring proceedings in your local courts or to the protection of local mandatory law, nothing in this section takes those rights away.

We may update these Terms from time to time. For material changes, we will give notice by posting the updated Terms on our website, updating the "Last updated" date, and, for changes that materially affect organizations, notifying administrators by email or in the app before the changes take effect where practicable. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

If you have questions about these Terms, contact us:

• Email: [email protected]
• Company: NestliCare LLC
• Website: nestlicare.com

EU Digital Services Act: our legal representative in the European Union under Article 13 of Regulation (EU) 2022/2065 (the Digital Services Act) is Data Protection Representative Limited (trading as DataRep), 77 Camden Street Lower, Dublin, D02 XE80, Ireland. Authorities and recipients of the service may contact NestliCare for DSA purposes via DataRep:

• Email: [email protected], quoting "NestliCare LLC"
• Post: DataRep, 77 Camden Street Lower, Dublin, D02 XE80, Ireland (mark letters for 'DataRep')
• Telephone: +353 (1) 919 8899