Terms of Service

1. Agreement to These Terms

These Terms of Service (the "Terms") are a legally binding agreement between you and LogTender ("LogTender," "we," "us," or "our") governing your use of the LogTender website, web application, kiosk mode, and related services (collectively, the "Service").

By checking the acceptance box presented during signup, creating an account, or accessing or using the Service, you agree to be bound by these Terms and you acknowledge our Privacy Policy, which describes how we handle information and is incorporated into these Terms by reference. If you do not agree to these Terms, you must not create an account or use the Service.

When you accept these Terms during signup, we record the date, time, and version of the Terms and Privacy Policy you accepted as part of your account record.

If you use the Service on behalf of a business or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity as well.

2. The Service

LogTender is an attendance-recording platform for single-provider, home-based and family child care programs. The Service includes guardian check-in and check-out with PIN entry and signature capture, a provider dashboard and roster, child and guardian record management, attendance correction tooling with an audit history, attendance exports, a kiosk mode for shared devices, and limited offline attendance capture that synchronizes when connectivity returns.

The Service is a recordkeeping tool. It does not supervise children, verify the identity of persons entering PINs, or replace your program’s own sign-in, supervision, custody, or release procedures. You remain solely responsible for the physical safety of children in your care and for deciding who is authorized to drop off or pick up a child.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to create an account. The Service is intended for adults who operate or are authorized to manage a child care program. You may use the Service only for a program you are authorized to manage and only in compliance with applicable law, licensing rules, and agency requirements that apply to your program.

Children are not permitted to create accounts or use the Service directly.

4. Your Account and Security

You are responsible for providing accurate account and facility information and for keeping it current. You are also responsible for safeguarding your login credentials and your provider PIN, and for all activity that occurs through your account, including activity performed on a kiosk device you have set up.

• Choose a strong password and do not share your login credentials or provider PIN with anyone you have not authorized.
• Guardian PINs are credentials for the guardians you authorize; instruct guardians to keep their PINs confidential.
• Kiosk mode keeps attendance available on a shared device while requiring your provider PIN for other actions. You are responsible for the physical security of any device you leave in kiosk mode.
• Notify us promptly at the contact address below if you believe your account or a PIN has been compromised.

We may suspend or require re-verification of an account when we reasonably believe it has been compromised.

5. Children’s and Guardians’ Information; Your Responsibilities

You control the child, guardian, and attendance information entered into your account (your "Program Records"). Between you and LogTender, you are responsible for your Program Records and for your program’s compliance with the laws that apply to them.

• You represent that you have the legal authority, and any consents or permissions required, to enter and manage information about the children and guardians in your program, including guardian phone numbers used for PIN-reset text messages.
• You are responsible for the accuracy of your Program Records, including corrections you make to attendance events.
• You are responsible for authorizing the guardians who may use the attendance workflow and for removing authorization when it should end.
• You are responsible for confirming that your use, retention, and export of attendance records satisfy the licensing, subsidy, tax, and recordkeeping requirements that apply to your program.

Attendance events in LogTender are stored immutably: corrections are recorded as linked entries rather than overwriting the original event, so the history of a record remains auditable. You should not rely on the Service to conceal or rewrite the history of an attendance record, and we may preserve audit history even when records are corrected.

6. Guardian Use of the Kiosk

Guardians do not create LogTender accounts. A guardian interacts with the Service when they check a child in or out using a PIN and, where enabled, a signature, or when they complete a PIN reset by text-message verification. By using the attendance workflow, a guardian agrees to use it only for children they are authorized to drop off or pick up and to keep their PIN confidential.

The provider who operates the program — not LogTender — decides which guardians are authorized, what information about them is entered, and how their program’s records are used. Guardians with questions about their information should contact their provider, as described in our Privacy Policy.

7. Subscriptions, Free Trials, and Billing

Where billing is enabled, paid access to the Service is sold as an automatically renewing subscription. Current prices, billing intervals (monthly or annual), free-trial length, and plan capacity limits (such as the number of children and guardians supported) are displayed on the pricing page and in the account billing area before you subscribe.

• Free trial. New accounts may receive a free trial that does not require a payment method. Trial accounts have tighter capacity limits than paid accounts. When the trial ends without an active subscription, the account becomes read-only as described in Section 8.
• Automatic renewal. By starting a paid subscription, you authorize recurring charges for the selected plan at the then-current price until you cancel. If you subscribe before your trial ends, remaining trial time is credited toward your first billing period.
• Payment processing. Subscription payments, payment-method updates, invoices, and the customer billing portal are handled by Stripe, our payment processor. LogTender never receives or stores full card numbers or card security codes.
• Taxes. Prices may be exclusive of taxes; applicable taxes depend on your location and will be handled through the checkout and billing workflow.
• Price changes. We may change subscription prices or plan terms prospectively. Changes will not apply retroactively and will take effect no earlier than your next renewal after reasonable advance notice.

8. Cancellation, Lapsed Accounts, and Refunds

You can cancel your subscription at any time through the billing portal. Unless stated otherwise at checkout or in the billing portal, cancellation takes effect at the end of the current paid period, and you keep paid access until that date.

• If your trial ends without a subscription, or an initial payment is not completed, your account becomes read-only: existing records remain viewable and exportable (subject to reasonable rate limits), but new attendance and record changes are blocked until billing is resolved.
• If a renewal payment fails, you keep access during Stripe’s automatic retry window. If retries fail or the subscription otherwise ends, the account becomes read-only as described above.
• We do not delete your Program Records merely because a subscription lapses; retention is described in our Privacy Policy.

Except where required by law or expressly stated by LogTender in writing, fees are non-refundable and there are no refunds or credits for partial billing periods or unused time.

9. Your Content and License to LogTender

As between you and LogTender, you own your Program Records and any other content you submit to the Service. You grant LogTender a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and back up that content solely as needed to provide, secure, maintain, and improve the Service, to comply with law, and to enforce these Terms. This license ends when your content is deleted from the Service, except for copies retained in routine backups or as required for legal, audit, or security purposes.

We may use aggregated or de-identified information that does not identify you, any child, or any guardian to operate and improve the Service.

10. Our Intellectual Property

The Service, including its software, design, text, graphics, logos, and trademarks, is owned by LogTender or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your program’s internal recordkeeping in accordance with these Terms. No other rights are granted. You may not copy, modify, distribute, sell, lease, reverse-engineer, or create derivative works of the Service except where such a restriction is prohibited by law.

11. Feedback

If you send us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, royalty-free right to use it without restriction or compensation to you.

12. Acceptable Use

You agree not to misuse the Service. In particular, you must not:

• Access or attempt to access another provider’s account or records.
• Enter information about children or guardians you are not authorized to manage, or record attendance events you know to be false.
• Share, sell, or transfer access to the Service outside your program.
• Interfere with or circumvent security features, rate limits, entitlement checks, or audit records.
• Probe, scan, or test the Service for vulnerabilities without our prior written permission.
• Use automated traffic, scripts, or bulk requests in a way that disrupts normal operation of the Service.
• Upload malicious code or unlawful, infringing, or harmful material.
• Use the Service to violate any applicable law or regulation.

13. Third-Party Services

The Service depends on third-party providers, including Stripe for payments, Twilio for email and text-message verification, Amazon Web Services for hosting, and Cloudflare for network and security services. Your use of Stripe’s checkout and billing portal is also subject to Stripe’s own terms and privacy policy. We are not responsible for third-party services we do not control, but we choose vendors that are appropriate for operating the Service and limit what they may do with information as described in our Privacy Policy.

14. Availability, Offline Mode, and Backups

We work to keep the Service available and the attendance workflow dependable, but the Service is provided over networks and infrastructure we do not fully control. Maintenance, upgrades, outages, and events beyond our reasonable control can interrupt availability, and we do not guarantee uninterrupted or error-free operation.

• Offline attendance capture is limited to the kiosk workflow, depends on the device having recently loaded the app while online, and queues events locally until they synchronize. A lost, cleared, damaged, or reset device may lose queued events that have not yet synchronized.
• You are responsible for keeping any backup or exported copies of records that your program, licensor, or agency requires. The export feature exists for this purpose.

15. No Regulatory, Legal, or Professional Advice

The Service and any related documentation are provided for general recordkeeping purposes and do not constitute legal, tax, licensing, or compliance advice. LogTender does not certify that the Service or its records satisfy the requirements of any particular licensing agency, subsidy program, or jurisdiction. You are responsible for verifying that your use of the Service meets the requirements that apply to your program.

16. Suspension and Termination

You may stop using the Service and request account deletion at any time; if you have an active Stripe subscription, you must cancel it (or schedule cancellation) before the account can be deleted.

We may suspend or restrict your access, or terminate your account, when we reasonably believe it is necessary to protect the Service or its users, to investigate suspected misuse, to comply with law, or to address a material or repeated violation of these Terms. Where practical, we will give you notice and an opportunity to export your records before termination takes effect, except where doing so would create risk to the Service, other users, or third parties, or is prohibited by law.

Sections of these Terms that by their nature should survive termination — including Sections 9, 10, 11, and 17 through 22 — survive termination.

17. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. LOGTENDER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT RECORDS WILL NEVER BE LOST, OR THAT THE SERVICE MEETS THE REQUIREMENTS OF ANY LICENSING AGENCY OR JURISDICTION.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Nothing in these Terms excludes rights or remedies that cannot legally be excluded.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOGTENDER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, LICENSING OR SUBSIDY CONSEQUENCES, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LOGTENDER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO LOGTENDER FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) FIFTY U.S. DOLLARS (US $50).

For clarity, LogTender is a recordkeeping tool: we are not responsible for the care, custody, supervision, or release of any child, or for decisions made by you, your staff, or guardians in reliance on records in the Service. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

19. Indemnification

You will defend, indemnify, and hold harmless LogTender from and against claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Program Records, including any claim that you lacked authority or consent to enter information about a child or guardian; (b) your violation of these Terms or of applicable law, including child care licensing and recordkeeping requirements; or (c) your program’s operations, including the care, custody, or release of children. We will give you prompt notice of any such claim and reasonable cooperation, at your expense.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules, and by applicable United States federal law.

Informal resolution first. Before filing a claim, you agree to contact us at the address in Section 23 and give us thirty (30) days to work with you to resolve the dispute informally. Most concerns can be resolved this way.

Arbitration. If a dispute is not resolved informally, you and LogTender agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive or equitable relief in court for infringement or misuse of intellectual property or unauthorized access to the Service.

Class action waiver. YOU AND LOGTENDER EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Disputes will be arbitrated only on an individual basis. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court.

Opt-out. You may opt out of the arbitration agreement and class action waiver by emailing us within thirty (30) days of first accepting these Terms, stating your account email and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

21. Changes to These Terms

We may update these Terms as the Service, our business, or legal requirements change. When we make a material change, we will provide reasonable advance notice — for example by email to your account address or a prominent notice in the Service — and update the effective date and version above. Non-material changes (such as clarifications) may be made by updating the document alone.

Changes apply prospectively. If you continue to use the Service after an updated version takes effect, you accept the updated Terms. If you do not agree, stop using the Service and, if applicable, cancel your subscription before the change takes effect.

22. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and LogTender about the Service, and they supersede prior agreements about the Service.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be enforced to the maximum extent permitted.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law.
• Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, except for your payment obligations.
• Notices. We may provide notices to the email address on your account; keep it current. You may send notices to the contact address below.
• No third-party beneficiaries. These Terms do not create rights for any third party, except that the protections in Sections 17 and 18 also apply to LogTender’s owner, operators, and service providers.

23. Contact

Questions about these Terms can be sent to [email protected].