Terms of Service

1. Agreement to these Terms

These Terms of Service (the “Terms”) form a binding legal agreement between you and KhayrOS (“KhayrOS,” “we,” “us,” or “our”) governing your access to and use of the KhayrOS websites, applications, and software services (collectively, the “Service”).

By creating an account, clicking to accept, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a childcare center, organization, or other entity (the “Customer”), you represent and warrant that you have the authority to bind that entity, and “you” refers to that entity. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility and accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your login credentials. You agree to provide accurate information, to keep it current, and to notify us promptly of any unauthorized use of your account. KhayrOS is not liable for any loss or damage arising from your failure to safeguard your credentials.

You are responsible for the acts and omissions of anyone you invite to or authorize on your account, including directors, staff, and families, and for ensuring their use of the Service complies with these Terms.

3. The Service

KhayrOS provides childcare operations and record-readiness software delivered as a subscription. Features may include enrollment and intake, staff and child records, readiness scoring, missing-record alerts, packet and document generation, scheduling, and related tools. We may add, change, suspend, or remove features at any time.

Your center owns the records and information it enters into the Service (“Customer Data”) and may export it using the tools we provide. KhayrOS acts as a service provider and data processor with respect to Customer Data, and processes it on your behalf and under your instructions as described in our Privacy Policy.

4. Not legal, compliance, medical, or emergency advice

KhayrOS is a software tool, not a licensor, regulator, attorney, or medical provider. Readiness scores, warnings, checklists, missing-record alerts, and generated documents are informational aids only. They do not certify legal or regulatory compliance, do not constitute legal, accounting, tax, or medical advice, and are not a substitute for the requirements, guidance, inspections, or determinations of your licensing agency or any other authority.

You are solely responsiblefor your center's compliance with all applicable laws, licensing standards, ratios, health and safety requirements, and recordkeeping obligations, and for verifying the accuracy, completeness, and currency of all records, whether or not the Service indicates they are “ready.” The Service's indication that a record or center is ready, complete, or compliant is not a representation that it satisfies any legal or regulatory standard.

The Service is not designed for use in emergencies and must not be relied upon for urgent medical, safety, or life-critical decisions. In an emergency, contact your local emergency services (such as 911) directly. Do not rely on the Service to deliver time-sensitive alerts, medication reminders, or health information.

5. Customer responsibilities and acceptable use

You are responsible for obtaining all consents, authorizations, and legal bases required to collect, upload, and process Customer Data through the Service, including information about children, families, and staff, and for providing any privacy notices required by law. You represent and warrant that you have the right to provide all Customer Data and that its use in the Service will not violate any law or third-party right.

You agree not to, and not to permit anyone to:

• use the Service in violation of any law or regulation, or for any unlawful, harmful, or fraudulent purpose;
• access, or attempt to access, another center's data or any account, system, or data you are not authorized to use;
• reverse engineer, decompile, copy, resell, sublicense, or create derivative works from the Service;
• interfere with, disrupt, probe, or circumvent the security or integrity of the Service;
• upload malicious code or use the Service to transmit unlawful, infringing, or harmful content; or
• use the Service to build or benchmark a competing product.

We may investigate suspected violations and may suspend or terminate access to accounts that abuse the Service, create risk or legal exposure for KhayrOS or others, or attempt to access data belonging to other centers, with or without notice.

6. Fees, billing, trials, and taxes

Paid subscriptions bill in advance on a recurring basis (for example, monthly) through our third-party payment processor. By providing a payment method, you authorize us and our processor to charge all fees, applicable taxes, and other amounts to that payment method until you cancel. Fees are quoted exclusive of taxes, and you are responsible for all sales, use, and similar taxes other than taxes on our income.

Free trials, where offered, are free for the stated period. Unless you cancel before the trial ends, your subscription will begin and your payment method will be charged automatically at the then-current rate. We may change our fees prospectively; changes apply to renewals after we provide notice.

Except where required by law, all fees are non-refundable and are not prorated for partial periods, downgrades, or unused time. You may cancel at any time; cancellation stops future renewals and takes effect at the end of the current billing period. Failure to pay may result in suspension or termination.

7. Third-party services

The Service relies on third-party providers (such as hosting, payment processing, and communications) and may link to or integrate with third-party products. We are not responsible for third-party services, their availability, or their acts or omissions, and your use of them may be governed by their own terms. Your relationship with any third-party provider is solely between you and that provider.

8. Intellectual property

The Service, including all software, content, and trademarks (but excluding Customer Data), is owned by KhayrOS or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your center's internal operations during your subscription. All rights not expressly granted are reserved. You grant us a limited license to host, process, and display Customer Data solely to provide and support the Service, and, in aggregated and de-identified form that does not identify you or any individual, to operate and improve the Service.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, KHAYROS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT DATA WILL NOT BE LOST OR ALTERED, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULT, INCLUDING ANY LICENSING, COMPLIANCE, OR AUDIT OUTCOME. ANY RELIANCE ON THE SERVICE IS AT YOUR OWN RISK.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KHAYROS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, OR FOR ANY REGULATORY FINES, PENALTIES, LICENSING CONSEQUENCES, OR HARM ARISING FROM THE ACTS OR OMISSIONS OF ANY CHILD, FAMILY, OR STAFF MEMBER, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF KHAYROS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU ACTUALLY PAID TO KHAYROS FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY IN THE AGGREGATE AND ARE AN ESSENTIAL BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

11. Indemnification

You will defend, indemnify, and hold harmless KhayrOS and its owners, officers, employees, contractors, and suppliers from and against any claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Data or your collection, use, or disclosure of it; (b) your use of the Service or violation of these Terms; (c) your violation of any law or any right of a child, family, staff member, or other third party; or (d) your center's operations, compliance, or licensing. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.

12. Term, suspension, and termination

These Terms remain in effect while you use the Service. You may terminate by canceling your subscription and ceasing use. We may suspend or terminate your access at any time, with or without notice, if you breach these Terms, fail to pay, or create risk or legal exposure. Upon termination, your license to use the Service ends. You are responsible for exporting Customer Data before termination; after a reasonable period, we may delete Customer Data in the ordinary course. Sections that by their nature should survive termination (including sections 4–11, 13–15) will survive.

13. Governing law, arbitration, and class-action waiver

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules, and the United Nations Convention on Contracts for the International Sale of Goods does not apply.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved by final and binding arbitration administered by a nationally recognized arbitration provider under its applicable rules, seated in Minnesota, rather than in court, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. Judgment on the award may be entered in any court having jurisdiction.

Class-action waiver.All disputes will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims. You and KhayrOS each waive any right to a jury trial. If this class-action waiver is found unenforceable, the arbitration provision will be void as to that dispute. Any claim must be brought within one (1) year after it arises, or it is permanently barred to the extent permitted by law.

14. Force majeure

KhayrOS is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor disputes, government action, utility or internet failures, or failures of third-party providers, hosting, or telecommunications.

15. Changes, assignment, and general terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new “Last updated” date or by email). Your continued use of the Service after changes take effect constitutes acceptance. We may also modify or discontinue the Service, in whole or in part, at any time.

You may not assign these Terms without our prior written consent; we may assign them freely, including in connection with a merger, acquisition, or sale of assets. If any provision is held unenforceable, it will be limited or severed and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy and any order or plan you accept, are the entire agreement between you and KhayrOS regarding the Service and supersede all prior agreements. Notices to KhayrOS may be sent to hello@khayros.com.

Questions about these terms? Write to hello@khayros.com.