Terms of Service

Effective: 29 August 2026. Version: tos-2026-08-29.

Welcome to the Terms of Service (these “Terms”) for the website ashbycare.com, the Ashby Care staff and parent applications, and related software operated by Viva Longer LLC, a California limited liability company doing business as Ashby Care (“Company,” “Ashby,” “we,” or “us”). The website, applications, and any content, tools, features, and functionality we offer through them are the “Services.”

These Terms are a contract between the Company and the organization that accepts them (the “Center,” “you”). If you accept on behalf of a company or other entity, you represent and warrant that (a) you are an adult authorized representative of that entity with authority to bind it, and (b) you agree to these Terms on the entity’s behalf. If you do not understand or agree to these Terms, do not use the Services.

The Data Processing Addendum (“DPA”) is incorporated into these Terms. The Privacy Policy describes how we handle information. If you do not agree to the DPA, do not use the Services.

THE SERVICES DO NOT PROVIDE CHILDCARE, MEDICAL CARE, OR LEGAL ADVICE. We provide software. You remain the licensed operator of your program. We do not operate your license, supervise children, or make you compliant with any state’s childcare rules by virtue of your using the Services. Always follow your own licensing, health, and safety obligations.

Section 14 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve disputes (with limited exceptions) related to the Services through binding individual arbitration, which means you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions, as set forth below.

Table of contents

1. The Services
2. Who may use the Services
3. Accounts
4. Privacy and the DPA
5. License
6. Customer Data
7. Public websites
8. Acceptable use
9. AI features
10. Fees
11. Ownership, brand, and feedback
12. Third-party services
13. Disclaimers, liability, and indemnification
14. Arbitration and class action waiver
15. Changes, term, and offboarding
16. Additional provisions
17. How to contact us

1. The Services

Ashby Care is software for licensed childcare programs in the United States, including in-home programs where the applicable state licenses that care. Features may include roster and enrollment tools, attendance, parent communication, billing tools, and related functions described in the product.

We may add, change, or remove features. We do not guarantee that any particular feature will remain available. Scheduled maintenance, outages, and third-party interruptions may occur.

Your relationship with families, staff, and your licensing agency is solely between you and them. We are not a party to those relationships.

2. Who may use the Services

You must be 18 years of age or older and authorized to bind the Center. The Services are offered for use by organizations in the United States. Children must not create accounts. You will not invite a child to create or use an account.

You will assign roles accurately, keep credentials confidential, and promptly revoke access when a person should no longer have it.

3. Accounts

To use the Services you create an account authenticated by Firebase Authentication. You agree to provide accurate information. You are responsible for activity under accounts you control. Notify us at legal@ashbycare.com if you know or suspect unauthorized use of an owner or admin account.

We may suspend or terminate access if you materially breach these Terms, if required by law, or if needed to protect the Services, another customer, or a child.

4. Privacy and the DPA

Our Privacy Policy describes how we handle information. The DPA governs our processing of Customer Data. If the DPA conflicts with these Terms on data protection, the DPA controls.

You represent that you have the right to submit the data you submit, including parental consent where the law requires it, and that you will not use the Services to collect government-issued identification numbers or Social Security numbers, child biometrics for recognition (face templates, fingerprints, voiceprints), or live camera streams of children.

5. License

Subject to these Terms and timely payment, we grant the Center a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the subscription term for the Center’s own childcare operations. This is a commercial license for that purpose. It is not a sale of software.

We and our licensors retain all right, title, and interest in the Services, including look and feel, software, and documentation. You retain all right, title, and interest in Customer Data.

6. Customer Data

“Customer Data” means data the Center or its users submit to the Services, including child records, guardian and staff personal information, photos and video (if a guardian has opted in), attendance, incidents, messages, and billing identity for the Center’s subscription.

You grant us a limited license to host, store, process, transmit, and display Customer Data solely to provide, maintain, secure, and support the Services, to comply with law, and as otherwise permitted by the DPA. We do not sell Customer Data. We do not use Customer Data to train AI models. We do not send children’s sensitive records to an AI provider.

You are responsible for the accuracy of Customer Data you and your users enter, for obtaining consents the law requires, and for your program’s compliance with childcare licensing.

7. Public websites

If you use an Ashby Care public website or subdomain, you will not publish children’s names, photos, videos, birthdates, or other child-sensitive information. Staff photos and Center branding only. Consent to share a photo inside the authenticated parent experience is not permission to post that photo on the public internet. We may take a violating page down without refund and may suspend the public site.

8. Acceptable use

You may not do any of the following unless applicable law prohibits the restriction or we give written permission:

• Probe, scan, or attempt to access another customer’s tenant or data, or to bypass tenant isolation.
• Reverse engineer, decompile, or attempt to extract source code from the Services except to the extent the law allows.
• Use bots, scrapers, or similar tools to extract data from the Services except through documented product export features we provide to you.
• Introduce malware or interfere with other parties’ use of the Services.
• Use the Services to violate childcare licensing, privacy, or other law.
• Resell or sublicense the Services except as we agree in writing.
• Use “Ashby” alone in a way that suggests you are Ashby, Inc. (recruiting software) or that we are affiliated with that company. The product name is Ashby Care.

9. AI features

Some features may draft text (for example a daily note) from non-child-sensitive inputs such as an activity type and a short staff note. You will review drafts before parents see them. You will not paste child-sensitive data into a field we have marked as not for that data. We do not guarantee accuracy of drafts. AI features are optional.

10. Fees

Fees are as published at checkout or as otherwise agreed in writing. Subscriptions are self-serve. Taxes may be extra. You authorize us and our payment processor to charge the payment method on file. Non-payment may suspend the tenant after notice.

We do not invent a price in these Terms. The amount you pay is the amount shown at checkout or on your invoice.

11. Ownership, brand, and feedback

The Services, including text, graphics, logos, and software, are protected by intellectual property laws. Ashby Care, the Ashby Care wordmark, and related marks are trademarks of the Company. Other marks on the Services belong to their owners.

If you send comments or suggestions (“Feedback”), you assign to us all right, title, and interest in that Feedback, and we may use it without compensation.

12. Third-party services

The Services may depend on third parties listed in our subprocessor list, including cloud hosting, authentication, payments, and email. We are not responsible for third-party materials or websites except as the DPA requires for subprocessors that process Customer Data.

Stripe processes payment credentials. We do not store raw card numbers.

13. Disclaimers, liability, and indemnification

Disclaimers

Your access to and use of the Services are at your own risk. The Services are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, the Company, its members, managers, officers, employees, agents, and licensors (the “Company Entities”) disclaim all warranties, whether express or implied, of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that use of the Services makes you compliant with any particular state’s childcare license. We give you tools. You run the program.

We do not warrant that the Services will be uninterrupted, error-free, or perfectly secure. No system is.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH BELOW. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Limitations of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY ENTITIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY ENTITIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE FEES YOU ACTUALLY PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These caps do not limit liability for a party’s fraud or willful misconduct, for liability that cannot lawfully be limited under California Civil Code § 1668, or for the Company’s breach of the DPA’s security or non-sale obligations.

Indemnification

You will defend, indemnify, and hold the Company Entities harmless from claims, damages, losses, and reasonable attorneys’ fees arising out of (a) your violation of these Terms or applicable law; (b) Customer Data you or your users submit, including failure to obtain a required parental consent; (c) your childcare program, including licensing, supervision, or incidents in care; or (d) your misuse of the Services. This indemnity does not require you to indemnify us for our own willful misconduct or for a breach of the DPA’s security obligations caused by us.

We will defend, indemnify, and hold you harmless from claims that the unmodified Services, as provided by us, infringe a third party’s US intellectual property right, except to the extent the claim arises from Customer Data, your combination of the Services with other materials, or your breach of these Terms.

14. Arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Informal process first

You and the Company agree that in the event of any dispute, either party will first send a written notice to legal@ashbycare.com (or to the Center owner email we have on file) describing the claim and the relief sought, and will make a good-faith effort to resolve the dispute for at least thirty (30) days before starting arbitration or a permitted court action. This informal process is a condition precedent. Any statute of limitations is tolled during this period.

Arbitration agreement

After the informal process, any remaining dispute, controversy, or claim relating in any way to the Services or these Terms (a “Claim”), including threshold questions of arbitrability, will be resolved by final and binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures then in effect (the “JAMS Rules”), in English, before a sole arbitrator. Because these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs arbitrability. The arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations.

The seat of arbitration is San Francisco, California. Hearings will be by videoconference unless both parties agree otherwise. Judgment on the award may be entered in any court with jurisdiction.

You and the Company each waive the right to a jury trial and the right to participate in a class action or class arbitration, except as stated below.

Exceptions

The following may be resolved in a court of proper jurisdiction:

• Individual claims within the jurisdiction of a small-claims court, brought and maintained as an individual action, in San Francisco County, California, or in the county of the Center’s principal place of business.
• Claims where the sole relief sought is injunctive relief to stop a public-website publication of children’s personal information, a tenant-isolation breach, or infringement of intellectual property or confidential information.
• Intellectual property disputes as described above.

Nothing in these Terms prevents either party from reporting concerns to, or cooperating with, a government agency or regulator, including the Federal Trade Commission.

Costs of arbitration

Payment of JAMS filing, administration, and arbitrator fees is governed by the JAMS Rules, except that if the Center is the claimant and seeks less than ten thousand US dollars (US $10,000), the Company will pay those JAMS filing and arbitrator fees. Each party pays its own attorneys’ fees unless the arbitrator awards them as the JAMS Rules or applicable law allow. If the arbitrator finds that a claim was frivolous or brought for an improper purpose (measured by Federal Rule of Civil Procedure 11(b)), fee allocation follows the JAMS Rules, and you may have to reimburse amounts we advanced.

Class action waiver

To the fullest extent permitted by law, you and the Company agree that any proceeding will be brought only in an individual capacity, not as part of any class, consolidated, multiple-plaintiff, or representative action. The arbitrator may not consolidate claims of more than one Center or preside over any class proceeding, and may award relief only for the individual party.

If this class action waiver is limited, voided, or found unenforceable as to a proceeding, then unless the parties mutually agree otherwise, the agreement to arbitrate is null and void with respect to that proceeding so long as the proceeding is permitted to proceed as a class action. Any remaining Claims stay in arbitration.

There is no 30-day opt-out of arbitration. These Terms are a business-to-business contract accepted by clickwrap at organization signup or re-acceptance.

15. Changes, term, and offboarding

We may modify these Terms from time to time. Material changes take effect for the Center when we publish a new version and an owner accepts it through the product (or as otherwise required by the clickwrap flow). We will not treat continued use alone as acceptance of a material change. No amendment applies to a dispute for which an arbitration has already been initiated.

Either party may terminate as the billing terms allow, including non-renewal at the end of a paid term. We may terminate for material breach if it is not cured within thirty (30) days after notice (or immediately if the breach cannot reasonably be cured, including a public-site child-data violation or an attempt to breach tenant isolation).

On termination we will return-then-delete Customer Data as described in the DPA. You should export records you need for licensing before offboarding.

By checking the acceptance box in the product, you agree that the electronic record of that acceptance has the same legal effect as an original signature under the E-SIGN Act and applicable state law.

16. Additional provisions

Injunctive relief. A breach involving another tenant’s data, a public publication of children’s personal information, or our intellectual property may cause irreparable harm for which money is not an adequate remedy. Either party may seek equitable relief for those harms without a bond beyond what a court requires.

Export. You will not export or re-export the Services in violation of US export law. You represent that you are not located in an embargoed country and are not a prohibited party.

Limitation period. To the maximum extent permitted by law, any Claim arising out of the Services or these Terms must be commenced within one (1) year after it accrues, or it is barred. This does not shorten any period that cannot lawfully be shortened, including where the Federal Trade Commission or COPPA applies to a government action.

Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules, except that the FAA governs Section 14. If a matter proceeds in court notwithstanding Section 14, exclusive venue is the state and federal courts located in the City and County of San Francisco, California, and you consent to personal jurisdiction there. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Federal COPPA and FTC rules apply regardless of venue.

Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate.

Entire agreement. These Terms, the DPA, the Privacy Policy (as it describes our practices), and the order or checkout record constitute the entire agreement and supersede prior understandings on the same subject. Headings are for convenience. “Including” means “including without limitation.” If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in force. These Terms shall not be construed against us as drafter solely because we drafted them.

Survival. Sections 6, 7, 8, 11, 13, 14, 15, and 16 survive termination.

US only. The Services are operated from the United States. If you access them from elsewhere, you do so at your own initiative and are responsible for local law. A country pack outside the United States, if we offer one later, will have its own addendum.

17. How to contact us

Viva Longer LLC, d/b/a Ashby Care 548 Market St PMB 649504 San Francisco, CA 94104-5401 United States

Disputes and legal notices: legal@ashbycare.com Privacy: privacy@ashbycare.com