Terms of Use
1. Introduction and definitions
These Terms of Use (the "Terms") are a binding agreement between you and Texas Digital Asset Management Group Inc, a Texas corporation doing business as America DayCare (the "Company", "we", "us"), located at 1412 Main Street, Suite 620, Dallas, Texas 75202. They govern the America DayCare mobile application for Android and iOS (the "App") and the website americadaycare.com (the "Site").
America DayCare is a national front door. The child-care service you reach through the App is operated state by state. In Texas that service is Day Care of Texas (daycareoftexas.com), which has its own Terms of Use and Privacy Policy (the "State Service Terms"). Each additional state will have its own State Service Terms.
"Operator" means a licensed or registered child-care provider (owner, director or authorized staff) that subscribes to a State Service. "Parent" means a parent or legal guardian invited by an Operator. "Staff" means a person an Operator authorizes to use the service. "Operator Data" means the records an Operator or its Parents enter, including records about children. "State Service" means the state-specific service the App connects you to.
The Terms have three Parts. Part I applies to everyone. Part II applies only to Operators and their Staff. Part III applies only to Parents. Nothing in Part II creates obligations for Parents, and nothing in Part III creates obligations for Operators, except where a section says so.
2. Acceptance, eligibility and changes
By installing or using the App, visiting the Site, or signing in, you accept these Terms and the Privacy Policy at americadaycare.com/privacy. If you accept on behalf of a daycare or other organization, you confirm you have authority to bind it. If you do not agree, do not use the App or Site.
You must be at least 18 years old. The App is for adults who run a daycare, work at one, or have a child enrolled at one. Children do not have accounts and may not sign in.
We may update these Terms. For material changes we will give notice in the App, by email, or on the Site at least 14 days before they take effect, unless a change is required by law or an app store sooner. Continued use after the effective date is acceptance. The date at the top shows the current version.
3. Our role and the State Services
The App is a secure way to reach your State Service on a phone or tablet, with phone features added: notifications, a front-door kiosk mode, and, as released, camera capture and device sign-in. The App does not store Operator Data on our servers separately from the State Service; your records live in the State Service you chose.
When you choose a state in the App, the matching State Service Terms govern that service, its features, pricing and data handling, and these Terms govern the App and Site. If the two conflict about the service, the State Service Terms control; if they conflict about the App or Site, these Terms control.
We provide software. We are not a child-care provider, a licensing agency, a background-check provider, or a party to any agreement between an Operator and a Parent. Operators remain solely responsible for compliance with their state licensing rules, for the care of children, and for decisions about who may drop off and pick up a child.
4. Accounts and sign-in
Operators and Staff sign in with the credentials of their State Service, usually an email address, a one-time code and a PIN. Parents sign in through an invitation from their daycare. You are responsible for keeping your device, email account and PIN secure and for everything done through your account until you tell us it has been compromised.
The App may keep you signed in on a trusted device and may offer device sign-in (fingerprint or face unlock). Device sign-in uses your phone's own security; we never receive your biometric data (see Section 9).
Tell your daycare and us immediately at support@daycareoftexas.com if you lose a device that is signed in. Operators can remove a Staff member's or Parent's access from the State Service at any time.
5. Intellectual property and app licence
The App, Site, State Services, and all software, designs, text, graphics, trademarks and content we provide are owned by the Company or its licensors and are protected by United States and international law. "America DayCare", "Day Care of Texas" and their logos are trademarks of the Company. All rights not expressly granted are reserved.
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to install and use the App on devices you own or control, solely to use the State Service you are authorized to use. You may not copy, modify, distribute, sell, rent, reverse-engineer, decompile or create derivative works of the App, except where the law allows despite this restriction.
Operator Data belongs to the Operator (see Section 16). Content a Parent submits about their own child belongs to that Parent and the Operator as the State Service Terms describe. You grant us only the licence needed to operate, secure, back up and support the service.
If you send us feedback or suggestions, we may use them without obligation to you.
6. Acceptable use
You agree not to:
- use the App or Site for any unlawful purpose or in violation of child-care licensing rules;
- enter false information, impersonate anyone, or sign in as another person;
- use another person's device sign-in or share a PIN or one-time code;
- attempt to access accounts, daycares or data you are not authorized to see;
- probe, scan, overload, interfere with or circumvent the security of the App, Site or State Services;
- use automated tools to scrape, harvest or bulk-download data, or to send unsolicited messages;
- upload malicious code, or content that is abusive, obscene, or that infringes anyone's rights;
- photograph or record children other than as the Operator's policies and the law allow.
We may suspend or terminate access for violations (Section 17) and may report unlawful conduct to authorities.
7. App stores: Apple and Google terms
The App is distributed through the Apple App Store and Google Play. Your use is also subject to the Apple Media Services Terms and Conditions and the Google Play Terms of Service, as applicable. Where those terms are stricter, they control for the App.
Apple. These Terms are between you and the Company only, not Apple Inc. ("Apple"). The licence in Section 5 is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms. The Company, not Apple, is solely responsible for the App and its content, for maintenance and support, for any product warranties (to the extent not disclaimed), and for addressing any claims by you or a third party relating to the App, including product liability, legal or regulatory compliance, and consumer-protection claims. Apple has no obligation to provide maintenance or support. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; Apple has no other warranty obligation. If a third party claims the App infringes its intellectual property, the Company, not Apple, is responsible for investigating, defending, settling and discharging the claim. You represent that you are not located in a country subject to a U.S. Government embargo or designated a "terrorist supporting" country, and are not on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.Google. These Terms are between you and the Company only, not Google LLC. Google is not responsible for the App, its content, maintenance, support or any claims relating to it.The App is free to download and contains no in-app purchases and no advertising. Operator subscriptions are purchased and managed on the State Service website, not through the App or any app store (Section 12).
8. Notifications, text messages and email
The App sends push notifications, for example when a child is signed in or picked up, when a daycare posts an update, or when your account needs attention. You can turn notifications off in your device settings. Parents can also opt out of arrival and pick-up alerts using the link in any such email.
If you give a mobile number and consent, we or your daycare may send text messages about your account or your child, such as sign-in codes and pick-up confirmations. Message frequency varies. Message and data rates may apply. Reply STOP to cancel and HELP for help. Consent to receive text messages is not a condition of using the service.
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text-messaging originator opt-in data and consent will not be shared with any third parties.
We may send service and legal notices by email to the address on your account; keep it current. Marketing email includes an unsubscribe link.
9. Device permissions and phone features
The App asks for permissions only when a feature needs them, and you can change them in your device settings at any time:
- Notifications – to deliver the alerts in Section 8.
- Camera and photos (as released) – to add a photo to a child's record or an incident report, or to scan a QR code at the front door. Photos are stored in the State Service under the Operator's control.
- Device sign-in (as released) – to unlock the App with the fingerprint or face recognition built into your phone. The check happens entirely on your device; we receive only a yes or no, never your biometric data.
The App does not request your location, contacts, microphone or background activity. If a future feature needs a new permission, the App will ask you first and explain why.
10. Disclaimers and limitation of liability
The App, Site and State Services are provided "as is" and "as available". To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the service will be uninterrupted, timely, secure or error-free.We do not warrant that any record, reminder, ratio calculation, compliance checklist or notification is complete, accurate or sufficient to satisfy any licensing or legal requirement. Operators are responsible for verifying their own compliance. Notifications depend on your device, your carrier and third-party delivery networks and may be delayed or not delivered; never rely on a notification as the only way to know where a child is.
To the fullest extent permitted by law, the Company and its officers, directors, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to these Terms or the service, even if advised of the possibility. The total aggregate liability of the Company and its officers, directors, employees and agents for all claims 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 user, one hundred U.S. dollars ($100).Some states do not allow certain exclusions or limits; in those states our liability is limited to the fullest extent the law permits. Nothing in these Terms limits liability that cannot be limited by law.
You will defend, indemnify and hold harmless the Company from claims, losses and expenses (including reasonable attorneys' fees) arising from your violation of these Terms or applicable law, your Operator Data, or, for Operators, the care of children or the operation of your daycare.
11. Governing law and dispute resolution
These Terms are governed by the laws of the State of Texas and applicable federal law, without regard to conflict-of-law rules. The Federal Arbitration Act governs the arbitration agreement below.
Informal resolution first. Before starting arbitration or a lawsuit, you agree to email support@daycareoftexas.com with a description of the dispute and to give us 30 days to resolve it with you.Binding arbitration. Any dispute arising out of or relating to these Terms, the App, the Site or the service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (for individuals) or Commercial Arbitration Rules (for Operators). The arbitration will take place in Dallas County, Texas, or by video or written submission if the rules allow. The arbitrator may award the same relief a court could award to the individual party. Either party may instead bring an individual claim in small-claims court.Class-action waiver. You and the Company agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. If this waiver is found unenforceable for a particular claim, that claim will proceed in court, and the remaining claims will proceed in arbitration.Mass arbitration. If 25 or more similar claims are filed against the Company by the same or coordinated counsel, the parties agree to batch the claims in groups of 25 for administration, with one arbitrator per batch, and to proceed in staged batches until all are resolved, each side paying only its share of filing fees for the batch in progress.Opt-out. 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 daycare. Opting out does not affect any other part of these Terms.Exceptions. Either party may seek injunctive or other equitable relief in court to protect intellectual property or to stop unauthorized access, and any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Dallas County, Texas, whose jurisdiction you accept.Any claim must be filed within one year after it arises, unless a longer period is required by law.
12. Subscription and fees
The App is free. Subscriptions to a State Service are purchased by the Operator on the State Service website at the prices and terms published there, and are governed by the State Service Terms, including billing, trials, capacity-tiered pricing, taxes and refunds. Nothing is sold inside the App and no purchase can be made through an app store.
If your subscription lapses or is suspended for non-payment, the App will continue to open but the State Service may limit or block access until the account is current, as the State Service Terms describe.
13. Staff access and roles
Operators decide which Staff may use the service and with which role. Each Staff member must sign in with their own credentials; shared logins are prohibited. The Operator is responsible for the acts and omissions of its Staff, for removing access promptly when a person leaves, and for any background-check or training requirements that apply to Staff under state rules.
14. Child records and licensing responsibility
The Operator is the party that collects children's and families' information and decides how it is used. The Operator is responsible for having any consents and authorizations its state requires, for the accuracy of records, for keeping records for the periods its state requires, and for giving Parents the access their state requires. We process that information as the Operator's service provider under the Privacy Policy and the State Service Terms.
Records produced by the service, including attendance, health checks, medication logs, incident reports, ratio calculations and compliance checklists, are tools to help you meet your obligations. They do not replace the Operator's own judgment, policies or legal duties, and we are not responsible for licensing findings, penalties or losses that result from how the records are kept or used.
15. Front-door kiosk
Kiosk mode lets the Operator place a tablet or phone at the entrance so Parents and Staff can sign children in and out. The Operator owns or controls the device, is responsible for its physical security and for supervising it, and must ensure a responsible adult remains in control of who enters and who takes a child. A kiosk sign-out, QR code or PIN confirmation is a record of what was entered; it is not a substitute for the Operator's own identity and authorization checks.
16. Data ownership and export
Operator Data belongs to the Operator. You grant us a licence to host, process, back up, display and transmit Operator Data to operate, secure and support the service and as the Privacy Policy describes. We do not sell Operator Data and do not use it for advertising.
During the subscription you can export your data from the State Service. After cancellation or termination for any reason, your data remains available to export for 30 days. We delete or anonymize it within 90 days after that, except where the law requires longer retention or where it is needed to resolve a dispute; backup copies expire on a rolling schedule afterward. Export your records before closing your account; records your state requires you to keep remain your responsibility.
17. Suspension and termination
You may stop using the App at any time and may cancel a subscription as the State Service Terms describe. We may suspend or terminate your access to the App, with notice where practical, if you materially breach these Terms, if your use creates a security or legal risk, if your subscription is unpaid, or if required by law or an app store. Sections 5, 9, 10, 11, 16 and this section survive termination.
18. Parent access and invitations
Parents use the App only by invitation from a daycare where their child is enrolled. Your daycare decides what you can see and do, and may change or remove your access at any time. Your relationship with the daycare, including enrollment, tuition and policies, is between you and the daycare; we are not a party to it.
Keep your sign-in private. If someone else needs access, for example another guardian, ask the daycare to invite them separately rather than sharing your account.
19. Enrollment information and pick-up verification
Information you submit about your child, your household and the people authorized to pick up your child must be accurate and kept current. Your daycare relies on it.
The App may show a QR code or PIN that you or an authorized person present at pick-up. It helps the daycare confirm an authorization you already gave. It does not transfer the daycare's duty to confirm who is taking a child, and it is not a guarantee that a release was correct. Report a lost phone or a suspected misuse of your code to the daycare immediately.
20. Communications consent
By providing your email address or mobile number and using the App, you consent to receive service messages about your child and your account: arrival and pick-up alerts, daily reports, incident notices, invoices if your daycare bills through the service, and account security messages. Push notifications can be turned off in your device settings; arrival and pick-up emails can be stopped with the link in any such email; text messages can be stopped by replying STOP (Section 8). Turning off a channel may mean you miss time-sensitive information from your daycare.
21. Payments to your daycare
If your daycare chooses to bill tuition or fees through the service, invoices and payments are between you and the daycare. Card payments are processed by Stripe under its terms; we do not store full card numbers and are not a party to the payment. Refunds, disputes and receipts are handled by the daycare. Payments are not made inside the App through any app store.
22. Parent data and privacy
Our Privacy Policy explains what we collect and how it is used. Your daycare decides what is collected about your family and child, how long it is kept, and who at the daycare can see it; contact your daycare first to review or correct a record. You can request deletion of your own account at americadaycare.com/delete-account; the daycare's copy of your child's records is governed by the daycare's retention duties.
Questions about these Terms: support@daycareoftexas.com · (469) 966-8822 · Texas Digital Asset Management Group Inc, 1412 Main Street, Suite 620, Dallas, Texas 75202.
Texas Digital Asset Management Group Inc, doing business as America DayCare and Day Care of Texas · 1412 Main Street, Suite 620, Dallas, Texas 75202
Not affiliated with or endorsed by any state child-care licensing agency.