Terms of Service

These Terms of Service (“Terms”) are a binding agreement between ChildWise Software LLC, a Michigan limited liability company (“ChildWise,” “we,” “us”), and the childcare organization that registers for or uses the ChildWise platform (“Customer,” “you”). By creating an account, signing an order form, or using the Services, you accept these Terms on behalf of your organization and represent that you have authority to do so.

If you do not agree to these Terms, do not use the Services.

ChildWise provides a cloud-based childcare center management platform, accessible at app.childwisesoftware.com and through the ChildWise mobile applications (collectively, the “Services”). The Services include tools for enrollment and family management, staff scheduling, attendance, communication, billing, and integrated payment processing.

We may improve, modify, or discontinue features of the Services from time to time. We will provide reasonable notice of any change that materially reduces the core functionality of the Services.

ChildWise Learning is a separate continuing-education and training platform operated under common ownership with ChildWise Software LLC. ChildWise Learning is offered through its own website and is governed by its own terms of service. Use of the ChildWise platform does not require use of ChildWise Learning, and vice versa. Where the two services are linked (for example, single sign-on or shared account information), each service’s own terms govern your use of that service.

4.1 Account structure. The Services are organized by company and center. Customer is responsible for designating administrators, managing user roles and permissions, and ensuring that access is limited to authorized personnel.

4.2 Credentials. You are responsible for maintaining the confidentiality of login credentials and for all activity under your accounts. Notify us promptly at the contact address below of any suspected unauthorized access.

4.3 Accurate information. You agree to provide accurate, current, and complete information during registration and to keep it updated.

5.1 Subscription fees. Access to the Services is provided on a subscription basis at the rates stated in your order form, founders offer, or other written agreement with ChildWise. Unless otherwise stated, subscription fees are billed monthly in advance and are non-refundable except as required by law or expressly stated in your agreement.

5.2 Changes. We may change subscription pricing with at least thirty (30) days’ written notice; changes take effect at your next billing cycle after the notice period. Pricing locked in a written agreement (including founders or promotional pricing) will be honored per that agreement.

5.3 Late payment; suspension. We may suspend access to the Services for accounts with amounts more than fifteen (15) days past due, after notice and an opportunity to cure.

6.1 Provided through Finix. Tuition and other payment processing within the Services is provided through our payments partner, Finix Payments, Inc. and its banking partners (“Finix”). To accept payments, Customer must complete Finix’s merchant onboarding and underwriting process and enter into a separate merchant agreement with Finix. Approval to process payments is determined by Finix, not ChildWise.

6.2 Processing fees. Payment processing fees are disclosed at childwisesoftware.com/payment-fees and in your merchant agreement. Card processing uses interchange cost-plus pricing customized per center; ACH (pay-by-bank) transactions carry a flat disclosed per-transaction fee. Your exact rates are stated in your merchant agreement and within the Services.

6.3 Fee pass-through. Where permitted by law and card network rules, Customer may elect within the Services to pass card processing fees through to payers. Customer is solely responsible for ensuring that any surcharge or fee pass-through complies with applicable law, card network rules, and required disclosures to parents and guardians.

6.4 Payouts, chargebacks, and disputes. Settlement timing, payouts, reserves, chargebacks, refunds, and disputes are governed by your merchant agreement with Finix. Customer is responsible for chargebacks and reversals on its transactions.

6.5 Underwriting information. Information and documents you provide during merchant onboarding are collected by and submitted directly to Finix. ChildWise does not receive or store your underwriting documents.

7.1 Ownership. As between the parties, Customer owns all data submitted to the Services by Customer, its staff, and the families it serves (“Customer Data”), including enrollment records, attendance data, and information about children and their families.

7.2 Our license. You grant ChildWise a limited license to host, process, transmit, and display Customer Data solely to provide and support the Services, to comply with law, and as otherwise permitted by our Privacy Policy.

7.3 Children’s information. The Services are used by childcare organizations to manage records that include information about minors. Customer is responsible for obtaining any consents required from parents or guardians for the collection and use of this information through the Services. ChildWise processes children’s information only on Customer’s behalf and does not use it for advertising.

7.4 Security. We maintain administrative, technical, and physical safeguards designed to protect Customer Data, including encryption in transit, role-based access controls, and monitoring. No system is perfectly secure, and we cannot guarantee absolute security.

7.5 Data return and deletion. Upon written request following termination, we will make Customer Data available for export in a commonly used format for thirty (30) days, after which we may delete it, subject to legal retention requirements and routine backups.

You agree not to: (a) use the Services in violation of applicable law, including childcare licensing regulations; (b) attempt to access another customer’s data; (c) interfere with or disrupt the Services; (d) reverse engineer, copy, or resell the Services; (e) upload malicious code; or (f) use the Services to send unlawful or deceptive communications. We may suspend accounts engaged in prohibited conduct.

ChildWise and its licensors own all rights in the Services, including software, design, and documentation. These Terms grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription. Feedback you provide may be used by ChildWise without restriction or obligation.

10.1 Term. These Terms apply for as long as you maintain an account or use the Services. Subscriptions renew monthly unless your agreement states otherwise.

10.2 Termination by Customer. You may cancel your subscription effective at the end of the then-current billing period by written notice or through the Services.

10.3 Termination by ChildWise. We may terminate or suspend the Services for material breach of these Terms that remains uncured fifteen (15) days after notice, for non-payment as described above, or immediately where required by law or to protect the Services or other customers.

10.4 Effect. Upon termination, your right to use the Services ends. Sections concerning fees owed, Customer Data return, intellectual property, disclaimers, limitation of liability, indemnification, and governing law survive.

The Services are provided “as is” and “as available.” To the maximum extent permitted by law, ChildWise disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. ChildWise does not warrant that the Services will be uninterrupted or error-free. The Services are a management tool and do not constitute legal, tax, licensing, or compliance advice; Customer remains solely responsible for its compliance with childcare licensing and other applicable requirements.

To the maximum extent permitted by law: (a) neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data; and (b) ChildWise’s total aggregate liability arising out of or relating to the Services will not exceed the fees paid by Customer to ChildWise in the twelve (12) months preceding the event giving rise to the claim. These limits do not apply to Customer’s payment obligations or to liability that cannot be limited by law.

Customer will defend and indemnify ChildWise against third-party claims arising from (a) Customer Data, (b) Customer’s use of the Services in violation of these Terms or applicable law, or (c) Customer’s fee pass-through or billing practices toward parents and guardians.

We may update these Terms from time to time. For material changes, we will provide at least thirty (30) days’ notice by email or in-app notice. Continued use of the Services after the effective date constitutes acceptance. The “Last updated” date above reflects the current version.

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Michigan for any dispute not subject to another agreed resolution process.

These Terms, together with any order form and the Privacy Policy, are the entire agreement between the parties regarding the Services and supersede prior discussions. If any provision is unenforceable, the remainder stays in effect. Neither party is liable for delays caused by events beyond its reasonable control. You may not assign these Terms without our consent, except to a successor of your business; we may assign to an affiliate or successor. Notices to ChildWise should be sent to the contact address below.