Terms of Service

Effective date: 23/10/2026

These Terms of Service (the "Terms") are a contract between Crecer Connect Corp., a New York corporation ("Crecer," "we," "us"), and the child care business that subscribes to the Crecer Connect service (the "Customer," "you"). They govern the Customer's use of our website, web dashboard and mobile app (together, the "Service").

By checking the box and clicking "Accept" (or by signing an order form that refers to these Terms), you agree to these Terms. If you accept on behalf of a business, school or program, you confirm that you have authority to bind it. Your electronic acceptance has the same effect as a handwritten signature under the federal E-SIGN Act and the New York Electronic Signatures and Records Act.

These Terms include, and you also accept:

• the Data Processing Agreement (the "DPA");
• the Billing, Renewal, Cancellation & Refund Policy;
• the Acceptable Use Policy;
• the Student Data Privacy Addendum, if you are a public school or public pre-K program;
• the Head Start Addendum, if you operate a Head Start or Early Head Start program.

If these Terms and the DPA conflict on how personal information is handled, the DPA controls.

1. Definitions

• Authorized Users: the directors, staff, parents and guardians to whom the Customer gives access.
• Customer Data: all information entered into the Service by or for the Customer and its Authorized Users, including information about children, families and staff, attendance, daily records, meals, photos, videos, messages, permissions and payment records.
• Child Data: Customer Data that relates to an enrolled child.
• Permission Records: the records the Service keeps when a parent or guardian gives, denies, renews or withdraws a permission, or accepts or acknowledges a document (date and time, document version, decision, identity check used and basic technical context).

2. The Service

The Service helps child care programs run their daily operations and communicate with families. Depending on your plan it may include: child and classroom management, attendance, daily and infant reports, a photo and video feed, announcements, parent–staff chat, menus and allergy alerts, AI-assisted suggestions for menus and activities, tuition tracking, and a branded app for families. Features available to you depend on your plan. Features described as "coming soon" or "beta" are not part of the Service until we make them generally available.

3. Accounts

• Accounts are created by the Customer from the dashboard, or by us at the Customer's request. There is no public sign-up.
• Parents and guardians receive an invitation by email and create their own password. Parents and staff accept their own End User Terms before using the Service.
• You are responsible for giving each person the correct role (director, staff or parent), for linking each child only to the adults who are entitled to the child's information, for recording custody restrictions that you are aware of, and for removing access promptly when someone should no longer have it.
• Keep credentials confidential and tell us right away at privacy@crecercorp.com if you suspect unauthorized access.

4. Customer responsibilities

1. Parents' permissions. Before a child appears in photos or videos in the Service, or before health information such as allergies is recorded, the child's parent or guardian must give that permission in the Service. The Service asks each parent separately, per child and per purpose; it blocks posting a photo when a tagged child does not have the required permission, and it stops showing photos as soon as a permission is withdrawn or expires. You must use these tools, must not tag a child without permission or post photos in which children who are not tagged can be identified, and must keep any additional consents your licensing rules or your own policies require.
2. Guardians and authority. You are responsible for indicating which adults have legal authority to sign permissions for each child and for verifying it when your policies or the law require (for example, with custody documents).
3. Accuracy. You are responsible for the accuracy of the information you and your Authorized Users enter, including allergies, emergency contacts, authorized pickups and attendance.
4. Your legal obligations. You remain responsible for complying with the laws that apply to your program, including child care licensing rules, food program rules (such as CACFP), employment and recordkeeping rules, and, if applicable, FERPA, New York Education Law §2-d and Head Start regulations.
5. Not a substitute for care. The Service is an administrative and communication tool. It does not replace adult supervision, professional judgment, emergency procedures or your own policies.

5. Allergy alerts and AI features

• Allergy alerts compare menu items with the allergy information entered in the Service. They depend on complete and accurate data and may not catch every risk (for example, unlisted ingredients, cross-contamination or misspellings). Always verify ingredients and follow your allergy procedures.
• AI-assisted features generate suggestions for foods, menus and activity calendars. They are designed to work without information about children: do not type names, health information or other Child Data into AI prompts or notes. You must review every suggestion before using it. AI output may be incomplete or wrong and is not nutritional, medical or legal advice. We currently use Anthropic as our AI provider; changes follow the subprocessor rules in the DPA.
• AI usage may be limited by your plan.

6. Subscriptions, renewal and payment

• Plans. Prices, billing period (monthly or annual) and limits are shown before you pay and in your Billing page.
• Automatic renewal. Subscriptions renew automatically at the end of each billing period at the price shown, until you cancel. Before you pay, the Service shows the price, the billing period, that the plan renews automatically and how to cancel, and asks you to confirm.
• Annual plans. We will send you a written notice of the upcoming renewal 15 to 30 days before your annual plan renews (by email, and also by certified mail when the law requires it, such as for customers in New York).
• Cancellation. You can cancel at any time from the Billing page. Cancellation takes effect at the end of the period already paid; you keep access until then.
• Refunds, failed payments, price changes and taxes are described in the Billing, Renewal, Cancellation & Refund Policy. Payments are processed by Stripe.

7. Tuition you charge families

The Service lets you set up tuition, subsidies and charges and lets families see what they owe and indicate how they will pay. You set your prices, due dates, grace periods and subsidy information and are responsible for their accuracy and legality. The payment relationship is between you and each family; we are not a party to it and do not collect tuition, hold funds or decide refunds. Cash payments are only recorded in the Service; we never handle cash. Online card payments for families are not available yet.

8. Customer Data

• Ownership. You own your Customer Data. We claim no ownership of it.
• Our role. We process Customer Data only on your behalf, to provide, secure and support the Service and as described in the DPA. We may create de-identified or aggregated information that does not identify you, any person or any child, and use it to operate and improve the Service.
• No sale, no advertising. We do not sell or share Customer Data, do not use it for advertising or marketing profiles, and never use photos of children in our own marketing.
• Permission Records. Permission Records are kept in a tamper-evident form (each record is linked to the previous one with a cryptographic fingerprint, and a daily seal is sent outside our database). They cannot be edited or deleted from the Service, so that both you and the families can rely on them. They are kept for the period described in the DPA.
• Export and deletion. While your account is active you can request an export of your Customer Data, and you can do so up to 30 days after your account ends; we will provide it in a commonly used format (such as CSV or JSON). After that period we delete or de-identify Customer Data as described in the DPA, except what we must keep by law or to keep Permission Records.

9. Acceptable use

You and your Authorized Users must follow the Acceptable Use Policy. We may remove content or suspend accounts that violate it, as described there.

10. Third-party services

The Service relies on third-party providers (such as hosting, payments, email and AI). They are listed in our Subprocessor List and are bound by the DPA. We are not responsible for third-party services that you choose to connect yourself.

11. Our intellectual property

We own the Service, including its software, design and content (excluding Customer Data). During your subscription we grant you a non-exclusive, non-transferable right to use the Service under these Terms. Your name, logo and colors remain yours, and you allow us to display them inside your branded experience. If you send us feedback, we may use it without obligation to you.

12. Confidentiality

Each party will protect the other's non-public information with reasonable care and use it only to perform under these Terms, except where disclosure is required by law. Customer Data is also protected by the DPA.

13. Security incidents

We maintain the security measures described in the DPA. If we confirm a security incident affecting Customer Data, we will notify you without undue delay and no later than 72 hours after confirming it, and help you meet your own notification duties, as described in the DPA.

14. Suspension and termination

• You may cancel as described in Section 6.
• We may suspend or terminate access if you materially breach these Terms and do not cure the breach within 30 days of notice, if you fail to pay after the grace period, or immediately if your use creates a serious security risk or a risk to a child's safety, with notice when reasonably possible.
• On termination, Section 8 (export and deletion) applies. Sections that by their nature should survive (including data, payment, confidentiality, disclaimers, limitation of liability and indemnities) survive.

15. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR THE DPA, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALLERGY ALERTS OR AI SUGGESTIONS WILL BE COMPLETE OR ACCURATE.

16. Limitation of liability

TO THE EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE; AND (B) EACH PARTY'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY THE CUSTOMER IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. FOR A PARTY'S BREACH OF ITS DATA PROTECTION OR SECURITY OBLIGATIONS UNDER THE DPA, THE LIMIT IN (B) IS THREE TIMES THE AMOUNTS PAID OR PAYABLE BY THE CUSTOMER IN THE 12 MONTHS BEFORE THE EVENT.

THESE LIMITS DO NOT APPLY TO A PARTY'S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE CUSTOMER'S PAYMENT OBLIGATIONS, OR TO THE INDEMNITIES IN SECTION 17. NOTHING IN THESE TERMS LIMITS ANY RIGHT OF A CHILD OR OF ANY PERSON THAT CANNOT BE LIMITED BY LAW.

17. Indemnities

• By the Customer. You will defend and indemnify us against third-party claims arising from Customer Data that you or your Authorized Users enter without the required permissions or legal basis, from your tuition and payment practices, or from your violation of these Terms or the law.
• By Crecer. We will defend and indemnify you against third-party claims arising from (a) a security incident caused by our breach of the DPA, or (b) an allegation that the Service, as we provide it, infringes a U.S. patent, copyright or trademark or misappropriates a trade secret.
• The indemnified party must promptly notify the other, allow it to control the defense, and cooperate reasonably.

18. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Before filing a claim, each party will try to resolve the dispute informally for 30 days after written notice to the other. Unresolved disputes will be brought in the state or federal courts located in Nassau County, New York, and both parties consent to that jurisdiction. If the Customer is a public entity whose law requires a different governing law or venue, that requirement applies.

19. Changes to these Terms

We may update these Terms. For material changes, we will notify the Customer's account owner at least 30 days before they take effect and ask the director to accept the new version in the Service. If you do not accept, you may cancel before the change takes effect and receive a prorated refund of any prepaid fees for the remaining period. Each version is kept with its date and fingerprint.

20. General

These Terms, together with the documents listed at the beginning, are the entire agreement between the parties about the Service. If a provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent, except in a merger or sale of your business with notice to us. Neither party is liable for delays caused by events beyond its reasonable control. Notices to us must be sent to privacy@crecercorp.com; notices to you are sent to the account owner's email.

Language. These Terms are written in English. Any translation is provided for convenience only; if there is a difference, the English version controls.

21. Contact

Crecer Connect Corp. New York, USA. support@crecercorp.com