1. Definitions
- “Service” means the DaycareLogix hosted software platform, including its web application, kiosk and family experiences, and related documentation.
- “Order” means the subscription confirmation, order form, or in-product purchase specifying your plan, facilities, user counts, term, and fees.
- “Customer Data” means all records and content entered into the Service under your account, including records about children, adult participants, families, staff, meals, medications, attendance, and billing.
- “Users” means your staff, administrators, and the family members you invite, each acting under role-based permissions you assign.
2. Subscription grant
Subject to this EULA and your Order, EvolvLabs grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the subscription term, for your internal care operations, for the facilities and user counts specified in your Order.
3. Free trial
Trial access is provided as-is, may be limited or ended at any time, and converts to a paid subscription only if you affirmatively subscribe. Export your data before a trial ends; we may delete trial data after a reasonable period.
4. Restrictions
You will not, and will not permit anyone to:
- sublicense, resell, or provide the Service to third parties outside your organization and families;
- reverse engineer, decompile, or attempt to extract source code, except where law forbids that limit;
- use the Service to build a competing product;
- circumvent role-based access, tenant isolation, or usage limits in your Order;
- use the Service contrary to the Acceptable Use Policy or applicable law.
5. Ownership
EvolvLabs retains all right, title, and interest in the Service and its software. You retain all right, title, and interest in Customer Data. You grant us only the rights needed to host, process, back up, and display Customer Data to deliver the Service and support you.
6. Customer Data and responsibilities
You are responsible for the lawfulness and accuracy of Customer Data: obtaining any consents required to record information about children, participants, and families; assigning user roles appropriately; the accuracy of what you submit to licensors, sponsors, and payers; and prompt deactivation of departed staff. The Service documents your compliance work; it does not replace your obligations under childcare licensing, CACFP, or privacy law.
If you are a HIPAA covered entity or business associate, do not store protected health information until a business associate agreement is in place with us. Contact hello@daycarelogix.com.
7. Fees and billing
Fees, billing frequency, and payment method are stated in your Order. Except as required by law or expressly stated in your Order, fees are non-refundable. We may suspend access for accounts materially past due after reasonable notice.
8. Term, termination, and data export
This EULA runs for the subscription term in your Order and renews as your Order specifies. Either party may terminate for material breach not cured within 30 days of notice; we may suspend immediately for breaches that create serious risk to the Service, other customers, or the people whose records you keep. On termination or expiry, you may export Customer Data for a period of 30 days, after which we may delete it, subject to legal holds and backup cycles.
9. Warranty disclaimer
EXCEPT AS EXPRESSLY STATED IN AN ORDER, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT IT WILL SATISFY ANY PARTICULAR REGULATOR, LICENSOR, OR SPONSOR.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, OR GOODWILL. EVOLVLABS’ TOTAL LIABILITY UNDER THIS EULA WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID IN THE 12 MONTHS BEFORE THE CLAIM OR $100. NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.
11. Indemnification
You will indemnify EvolvLabs against third-party claims arising from Customer Data (including claims that it was collected without required authority or consent) or your breach of this EULA. EvolvLabs will indemnify you against third-party claims that the Service, as provided by us, infringes their intellectual-property rights, provided you promptly notify us and let us control the defense.
12. Confidentiality
Each party will protect the other’s non-public information with at least reasonable care and use it only to perform under this EULA. Customer Data is your confidential information; Service pricing, security details we share with you, and non-public product information are ours.
13. Export and sanctions compliance
You may not use or access the Service in violation of U.S. export controls or sanctions, and you represent you are not on any U.S. government restricted-party list.
14. Governing law
This EULA is governed by the laws of the State of Maryland, without regard to conflict-of-law rules, with exclusive jurisdiction in the state and federal courts located in Maryland.
15. Changes and new versions
We improve the Service continuously and may modify features, provided we do not materially reduce the core functionality of your plan during a paid term. We may update this EULA for future terms; the version in effect at each renewal governs that renewal.
16. General
This EULA plus your Order and the policies it references are the entire agreement for the Service and supersede prior discussions. If a provision is unenforceable, the rest remains in effect. Neither party may assign this EULA without consent, except to a successor in a merger or asset sale. No waiver is implied by delay in enforcement.
17. Contact
Questions about this agreement: hello@daycarelogix.com