Terms of Service

1. The Service

Limmia helps daycare centers manage children's enrollment, classroom assignments, ratios, staff scheduling, attendance, billing, and parent communications. Features may evolve over time. We may add, change, or remove features at our reasonable discretion, and we will not materially reduce a paid feature you rely on without notice.

2. Accounts and roles

The Service supports several account roles, including daycare administrators, staff members, and parents/guardians. You are responsible for keeping your login credentials confidential, for all activity under your account, and for promptly notifying us of any unauthorized use. Daycare administrators are responsible for the access they grant to staff and parents within their tenant.

3. Your data and our role

When your daycare uses Limmia, you provide us with data about children, parents, guardians, staff, and your operations ("Customer Data"). As between you and us, you own the Customer Data. You grant us a limited license to host, process, transmit, and display Customer Data solely to provide and improve the Service, to support your account, to comply with law, and to enforce these Terms.

You are responsible for the lawfulness of the Customer Data you provide, including for collecting any consents required from parents and guardians for the children in your care. We act as a service provider/processor for that data on your behalf.

Our processing of Customer Data on your behalf is governed by our Data Processing Agreement (DPA), which is incorporated into these Terms by reference. By accepting these Terms, you (the daycare center, acting as the controller of Customer Data) also accept the DPA. If there is a conflict between the DPA and these Terms with respect to the processing of Customer Data, the DPA controls.

4. Acceptable use

You agree not to:

• Upload data you do not have the right to share;
• Use the Service to harass, harm, or discriminate against any person;
• Attempt to break or probe the security of the Service or other tenants;
• Reverse engineer, scrape, or resell the Service except as permitted by law;
• Use the Service to send unsolicited bulk messages or spam;
• Use the Service to compete with us or build a competing product.

5. Fees and billing

Some plans require a recurring subscription fee. Subscription fees are processed by our payment processor, Stripe. By subscribing, you authorize us and Stripe to charge your payment method on the cadence shown at checkout (typically monthly or annually) until you cancel. A yearly plan costs ten times the monthly price. Fees are non-refundable except where required by law or as we expressly state in writing.

Free trial. A new center starts with a free trial of every feature for the number of days shown at signup. We do not charge anything during the trial. If no plan is chosen by the end of it, the account locks and everything the center set up is kept until a plan is chosen.

Your center's size. Plan prices depend on your center's size, which is set by the number of children enrolled in the Service. Nothing in the Service is limited by size. If enrollment stays in a different size every day for a full month, we change your subscription to that size's current price. The new price starts with a bill at least 14 days after we email your center's owners, and a yearly plan changes only at its renewal. By subscribing, you authorize these changes. If you pay an earlier price, you keep it until your center's size changes.

Several centers. An owner's centers can share one subscription, paid by one of them. Each center is priced by its own size, and a center that joins the bill costs nothing while it has no children enrolled. A center added by an owner whose center already pays joins that bill and is charged to the same payment method; by adding it you authorize that charge. A center that pays on its own joins only if you choose to move it.

You may cancel a paid plan at any time from your billing settings; access continues until the end of the current billing period. Cancelling a shared bill ends it for every center on it. We may suspend or downgrade accounts that fail to pay after reasonable notice.

Tuition payments. If your center bills families through Limmia, families' payments are processed by Stripe on your center's own Stripe account, under Stripe's terms, and Stripe's processing fees are charged to that account. Limmia charges no fee of its own on tuition payments.

Credit card fees. The Service does not currently let a center charge families a fee for paying by credit card. If we offer it, a center that turns it on may have families who pay by credit card cover the card processing fee, up to the rate the Service allows (never more than 3%), where its state's law allows, and is responsible for following the card networks' rules and its state's law, including notifying its payment processor and the card networks in advance and telling families about the fee before they pay.

6. Children's data

Limmia is sold to, and used by, daycare centers and the parents/guardians they invite — not directly to children. We do not knowingly collect personal information directly from children, consistent with the Children's Online Privacy Protection Act ("COPPA"). Daycare administrators are responsible for ensuring that they have the legal basis (including any parental consent or authorization required under COPPA or other law) to enter information about a child into the Service. Parents and guardians may exercise rights regarding their child's data through their daycare; see our Privacy Policy for details.

7. Suspension and termination

You may stop using the Service at any time and may delete your account from within the app or by contacting support. We may suspend or terminate access if you materially breach these Terms, if required by law, or to protect the Service or other users. After termination your Customer Data is kept until your center's owner deletes the center or asks us to delete or return it, as described in our Privacy Policy.

8. Intellectual property

The Service, including its software, designs, and trademarks, is owned by Limmia and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You may give us feedback or suggestions, and we may use them without obligation to you.

9. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. Limmia is a tool to help you run your center; it is not a substitute for licensed childcare professional judgment, regulatory compliance staff, legal counsel, or accountants.

10. Limitation of liability

To the maximum extent permitted by law, Limmia and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill arising from your use of the Service. Our total aggregate liability for any claim arising out of or relating to the Service will not exceed the greater of (a) the fees you paid to us for the Service in the twelve months before the claim, or (b) one hundred U.S. dollars (US$100).

11. Indemnification

You will defend, indemnify, and hold harmless Limmia from any third-party claim arising out of (a) your Customer Data, (b) your use of the Service in violation of these Terms, or (c) your violation of applicable law.

12. Disputes and governing law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules. The parties will first attempt in good faith to resolve any dispute through informal discussions by contacting support@limmia.co. If a dispute is not resolved within 60 days, it will be brought exclusively in the state or federal courts located in Delaware, and you and Limmia consent to personal jurisdiction in those courts. Each party waives any right to a jury trial and to participate in a class action to the maximum extent permitted by law.

13. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date above and, for material changes, give you reasonable advance notice in the app or by email to the account owner. Your continued use of the Service after the changes take effect means you accept the updated Terms.

14. Contact

Questions about these Terms? Email us at support@limmia.co.