These Terms of Use ("Terms") govern your use of the ControlCare website, web platform and mobile apps (together, the "Service"), provided by ControlCare System LLC, a Florida limited liability company ("ControlCare", "we", "us"). By creating an account, signing in or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Who uses the Service
ControlCare is offered to childcare centers, preschools and similar programs (each a "School"). A School may invite its staff, and the parents, guardians and authorized contacts of the children it serves, to use the Service. If a School has signed a separate subscription or service agreement with us, that agreement governs the School's use and prevails over these Terms where they conflict.
You must be at least 18 years old to create an account. Children do not use the Service themselves.
2. Accounts
- Accounts are created or authorized by the School. The School decides which features and information each user can access.
- You are responsible for keeping your password and PIN confidential and for all activity under your account. Tell the School or us right away at [email protected] if you believe your account has been used without permission.
- You agree to give accurate information and keep it up to date.
3. School responsibilities
Each School is responsible for the information it and its users put into the Service, for having the right to collect and share that information, for obtaining any consents required by law (including parental consent and consent for optional features such as face check-in and classroom cameras), and for meeting its own licensing, record-keeping and other legal obligations.
4. Acceptable use
You agree not to:
- use the Service for any unlawful purpose or in a way that could harm a child or any other person;
- access information you are not authorized to see, or share information about other families or children outside the purpose for which the School provided it;
- upload content that is unlawful, harassing, defamatory or that infringes someone else's rights;
- try to break, probe or overload the Service, bypass security, or copy, reverse engineer or resell any part of it;
- use automated tools to scrape or extract data from the Service.
We may suspend or remove access that violates these Terms or puts the Service, a School or a child at risk.
5. Your content
You and the School keep ownership of the content you put into the Service, such as photos, messages, documents and records. You give us permission to host, store, process, display and transmit that content only as needed to provide, secure and support the Service, as described in our Privacy Policy.
6. Payments
Fees for the School's use of the Service are set in the School's agreement with us. When families pay tuition or other charges to a School through the Service, the payment is made to the School and processed by third-party payment processors (such as Stripe) under their own terms. Questions about a School's charges, refunds or balances should be directed to the School.
7. Third-party services
The Service may connect to services provided by others, such as payment processors, payroll providers, messaging services, camera systems and app stores. We are not responsible for third-party services, and your use of them is subject to their own terms and policies.
8. Our intellectual property
The Service, including its software, design, logos and the ControlCare name, belongs to ControlCare and its licensors and is protected by law. Except for the limited right to use the Service under these Terms, no rights are granted to you.
9. Availability and changes
We work to keep the Service available and secure, but it may occasionally be unavailable for maintenance, updates or reasons beyond our control. We may add, change or remove features over time.
10. Disclaimers
The Service is a management tool. It does not replace the supervision, judgment and legal responsibilities of the School and its staff. Except as stated in a School's written agreement with us, the Service is provided "as is" and "as available", and to the extent permitted by law we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
11. Limitation of liability
To the extent permitted by law, ControlCare will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from or related to the Service. Our total liability for any claim related to the Service is limited to the greater of the amount you paid us for the Service in the 12 months before the claim or one hundred U.S. dollars (US$100). Some jurisdictions do not allow these limitations, so they may not apply to you.
12. Indemnity
To the extent permitted by law, you agree to defend and indemnify ControlCare against claims arising from your misuse of the Service or your violation of these Terms or of the rights of others.
13. Ending your use
You may stop using the Service at any time and may ask us to delete your account as described on the Delete your account page. A School may remove your access. We may suspend or end access that violates these Terms. Sections that by their nature should survive will survive.
14. Governing law
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. Any dispute will be brought in the state or federal courts located in Orange County, Florida, and you and we consent to their jurisdiction.
15. Apple and Google app stores
If you download a ControlCare app from the Apple App Store or Google Play, these Terms are between you and ControlCare, not Apple or Google. Apple and Google are not responsible for the app or its content and have no obligation to provide support for it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you with respect to the iOS app.
16. Changes to these Terms
We may update these Terms. If the changes are material, we will notify Schools and users through the Service or by email before they take effect. Continuing to use the Service after the changes take effect means you accept them.
17. Contact
ControlCare System LLC
2101 Park Center Dr, Ste 150
Orlando, FL 32835
United States
Email: [email protected]