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 privacy@daylynx.com. See the COPPA Notice for the step-by-step process.

7. 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.

8. 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: deleted or anonymized within 90 days of account closure.
• Billing records: 7 years (tax and accounting obligations).
• Security and audit logs: 2 years.
• Encrypted backups: cycled out within 35 days of the source record being deleted.

Upon termination of your subscription, your account remains in a 90-day read-only grace period during which you may export your data. After the grace period, we permanently delete account data subject to the retention periods above.

9. Subscription and Billing

DayLynx is offered on a monthly or annual subscription basis. Your subscription begins when you sign up and continues until cancelled. Every subscription includes a 30-day free trial. You may cancel at any time through the billing portal. Refunds are handled on a case-by-case basis.

10. 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

11. Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. We may perform maintenance that temporarily affects availability. We will provide reasonable notice of planned maintenance when possible.

12. 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.

13. 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 90 days after termination to allow for data export, after which it will be deleted subject to the retention schedule in Section 8.

14. 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 14 days before the change takes effect. Continued use after changes take effect constitutes acceptance of the updated terms.

15. Operator

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

16. Contact

For questions about these terms, contact us at legal@daylynx.com.