Terms of Service

These Terms of Service ("Terms") govern your access to and use of BrightBadge, including our websites, mobile applications, and related services (the "Service"), operated by Heartbeat Consultants LLC ("BrightBadge," "we," or "us"). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of a daycare center or organization, you represent that you are authorized to bind that organization to these Terms.

By accessing or using the Service you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

BrightBadge provides digital check-in, attendance, and related administrative tools for daycare centers and their authorized staff, parents, and guardians. We may add, change, or remove features at any time.

You must be at least 18 years old and provide accurate account information. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us promptly of any unauthorized use.

You agree not to misuse the Service, including by attempting to access data you are not authorized to access, disrupting the Service, uploading unlawful or infringing content, or using the Service to violate any law or the privacy or rights of others.

Paid plans are billed in advance on a recurring basis through our payment processor. Free trials, renewals, cancellations, and refunds are governed by our Refund & Cancellation Policy, which is incorporated into these Terms by reference.

As between you and BrightBadge, your organization controls the information it enters about children, guardians, and staff ("Customer Data"). You grant BrightBadge the limited right to host, process, and display Customer Data solely to provide the Service. Your organization is responsible for obtaining any consents required to collect and share Customer Data with us and for the accuracy of that data.

The Service, including its software, design, and content (excluding Customer Data), is owned by BrightBadge and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You may not copy, modify, reverse-engineer, or resell the Service.

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BrightBadge does not warrant that the Service will be uninterrupted, error-free, or secure. BrightBadge is a software tool and is not a substitute for the care, judgment, and supervision responsibilities of your organization and its staff.

To the maximum extent permitted by law, BrightBadge and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising out of or related to your use of the Service. Our total liability for any claim arising out of these Terms or the Service will not exceed the amount you paid to BrightBadge for the Service in the twelve months preceding the claim.

You agree to indemnify and hold harmless BrightBadge from claims, damages, and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Service, or your violation of these Terms or of any law or third-party right.

You may cancel your subscription at any time as described in the Refund & Cancellation Policy. We may suspend or terminate access if you breach these Terms, fail to pay, or use the Service in a way that risks harm to others or to the Service. Upon termination your right to use the Service ends; we will make Customer Data available for export for a limited period as described in our Privacy Policy before deletion in accordance with applicable retention obligations.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. The parties will attempt to resolve disputes informally first. Any unresolved dispute will be resolved by binding individual arbitration rather than in court, except that either party may bring an individual claim in small-claims court. You and BrightBadge waive any right to a jury trial or to participate in a class action.

We may update these Terms from time to time. If we make material changes we will provide notice through the Service or by email. Your continued use after the changes take effect constitutes acceptance of the updated Terms.

Questions about these Terms may be sent to legal@bright-badge.com.