DayLynx Terms of Service

1. Acceptance of Terms

By accessing or using DayLynx ("the Service"), you agree to be bound by these Terms of Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

2. Description of Service

DayLynx is a childcare management platform that provides attendance tracking, parent communication, compliance reporting, photo sharing, and related features for childcare centers and family organizations.

3. Who May Sign Up

DayLynx accounts are intended for adult organization administrators (childcare directors, owners, and designated staff) and adult parents or guardians whom an admin has invited. You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account.

Children do not sign up. Children under 13 do not create accounts, do not log in, and do not interact with the Service directly. All records pertaining to enrolled children are entered and managed by authorized adults at the licensed childcare center that has obtained the necessary parental consent.

4. Account Responsibilities

You are responsible for:

• Maintaining the security of your account credentials
• All activity that occurs under your account
• Ensuring that the information you provide is accurate and current
• Obtaining verifiable parental consent before adding a child's record or enabling photo sharing for that child, as required by COPPA, FERPA, and your local licensing authority
• Complying with all applicable laws and regulations related to childcare, records retention, and data privacy

5. Children's Data

DayLynx processes children's data on your behalf as your service provider. The childcare organization operating the account is the party that collects children's information from parents and guardians and is responsible for obtaining verifiable parental consent before entering any child record or enabling media sharing.

Adults — authorized staff, directors, and verified guardians — manage all child records. Children themselves do not have the ability to create accounts, log in, upload content, or communicate through the Service. For the specifics of what data is collected about children and how that data is used, see our COPPA Notice and Privacy Policy.

6. Parental Rights

Parents and guardians of enrolled children have the right to:

• Review the personal information DayLynx holds about their child
• Request correction of inaccurate information
• Request deletion of their child's records, subject to records the childcare center is legally required to retain
• Withdraw consent to photo sharing or other optional data uses at any time
• Refuse to allow further collection or use of their child's information without impact to the child's enrollment

Parents exercise these rights by contacting their childcare director, who can complete the request in DayLynx, or by emailing helpdesk@daylynx.com. See the COPPA Notice for the step-by-step process.

7. Confidentiality

Children's and families' information is confidential. If you are a staff member or administrator, you agree to access and use it only as needed for your role, and not to disclose it outside your organization except as authorized or required by law.

8. Data Ownership

You retain ownership of all data you enter into DayLynx, including child records. We do not claim any ownership rights over your content. You grant us a limited license to process your data solely for the purpose of providing, maintaining, securing, and improving the Service. You may request a full export of your data upon termination.

9. Intellectual Property and License

The DayLynx platform, software, user interface, and trademarks are owned by SHIFT MSP and protected by intellectual-property laws. We grant your organization a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your center's operations during your subscription. You may not copy, modify, resell, sublicense, reverse-engineer, or create derivative works of the Service. This license does not affect your ownership of your own data, which is addressed in Section 8 (Data Ownership).

10. Data Retention and Deletion Schedule

We follow the retention schedule published in our Privacy Policy. In summary:

• Active child records: retained while the child is enrolled at your center.
• Former child records: retained up to 7 years to satisfy licensing recordkeeping requirements, then deleted or anonymized. Parents may request earlier deletion.
• Account holder data: retained while the account is active; deleted on verified request after a 30-day processing period.
• Billing records: 7 years (tax and accounting obligations).
• Security and audit logs: at least 3 years.
• Encrypted backups: cycled out within 35 days of the source record being deleted.

Upon cancellation or termination of your subscription, you have 30 days to export your data, after which it is permanently deleted subject to the retention periods above.

11. Subscription and Billing

New accounts receive a 30-day free trial with full access; no credit card is required to start. At trial end, the account is suspended unless a paid plan is selected — no charges are made without explicit consent.

Paid subscriptions are billed monthly in advance at the rate shown at purchase and renew automatically unless cancelled at least 30 days before the next renewal. You may cancel at any time through account settings or by contacting helpdesk@daylynx.com; cancellation takes effect at the end of the current billing period. Fees are non-refundable except as required by law.

We may change pricing with at least 60 days' written notice, effective at your next renewal. These billing obligations apply to the account/billing owner, not to individual parents or staff.

12. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Enter a child record without the parental consent required by law
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service
• Upload malicious code or content
• Resell or redistribute the Service without written permission

13. Service Availability

We strive for high availability and make reasonable efforts to keep the Service available, but we do not guarantee uninterrupted access. We may perform maintenance that temporarily affects availability and will provide reasonable notice of planned maintenance when possible. We are not liable for interruptions beyond our reasonable control.

14. Disclaimer of Warranties

Except as expressly stated in these terms, the Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will meet every requirement, and you remain responsible for your own regulatory compliance and recordkeeping obligations.

15. Limitation of Liability

To the maximum extent permitted by law, DayLynx and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim.

16. Indemnification

You agree to indemnify and hold harmless SHIFT MSP and its officers, employees, and agents from any third-party claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your organization's use of the Service, your violation of these terms or applicable law, or content you upload — including any sharing of a child's information or photos without the required parental consent. We will promptly notify you of any such claim, and you may participate in its defense.

17. Termination

Either party may terminate the subscription at any time. Upon termination, your access to the Service will end at the conclusion of your current billing period. We will retain your data for 30 days after termination to allow for data export, after which it will be deleted subject to the retention schedule in Section 10. We may suspend or terminate an account immediately for violation of these terms, non-payment, or security risk. Provisions on data protection, limitation of liability, and confidentiality survive termination.

18. Changes to Terms

We may update these terms from time to time. Material changes will be communicated via email or through the Service at least 30 days before the change takes effect. Continued use after changes take effect, or re-acceptance when prompted, constitutes acceptance of the updated terms.

19. Electronic Acceptance

You agree that selecting "I agree," accepting an invitation, or continuing to use the Service constitutes your electronic acceptance of these terms and the Privacy Policy. We record the version you accepted and the date.

20. Dispute Resolution

If a dispute arises, both parties agree to first try to resolve it informally: contact us at helpdesk@daylynx.com with a description of the issue, and we will work in good faith to resolve it within 30 days. If it cannot be resolved that way, any dispute will be brought exclusively in the state or federal courts located in New Mexico, and both parties consent to the personal jurisdiction of those courts. These terms do not require binding arbitration and do not waive either party's right to participate in a class action.

21. Governing Law

These terms are governed by the laws of the State of New Mexico, United States, without regard to conflict-of-law principles.

22. Miscellaneous

These terms, together with the Privacy Policy, are the entire agreement between you and SHIFT MSP regarding the Service and supersede any prior agreements on the subject. If any provision is found unenforceable, the remaining provisions remain in effect. You may not assign these terms without our written consent; we may assign them to a successor in connection with a merger, acquisition, or sale of assets. Neither party is liable for any failure or delay in performance due to events beyond its reasonable control, including natural disasters, outages of third-party infrastructure, or government actions.

23. Operator

DayLynx is developed, operated, and maintained by SHIFT MSP. All references to "we," "us," or "our" in these terms refer to SHIFT MSP.

24. Contact

For questions about these terms, contact us at helpdesk@daylynx.com. DayLynx is operated by SHIFT MSP in Albuquerque, New Mexico.