Terms of Service

1. About these Terms

These Terms of Service (“Terms”) are a legal agreement between you and DocPassenger LLC, a California limited liability company (formation pending), headquartered in California (“DocPassenger”, “we”, “us”, or “our”), governing your use of the DocPassenger daycare-enrollment platform (the “Service”). By accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

To use the Service, you represent and warrant that:

• You are at least 18 years old (or the age of majority in your state of residence)
• For any child whose information you enter, you are the legal parent or legal guardian of that child, or you are an authorized representative of a daycare organization processing the child's information in compliance with applicable law
• You have the legal authority to bind yourself and, if you are signing up on behalf of a daycare or other organization, to bind that organization to these Terms
• Your use of the Service will comply with applicable U.S. federal, state, and local laws

The Service is offered to users in the United States. We do not intend the Service for use outside the United States.

3. The Service

DocPassenger centralizes daycare-enrollment workflows for U.S. daycares and other early-childhood-education providers. Daycare organizations upload government enrollment forms, map fields, manage parent enrollments, capture electronic signatures through our in-house signing flow, and produce tamper-evident records of signed documents. Each daycare operates as a separate tenant within a multi-tenant architecture.

We may modify, add, or discontinue features of the Service with reasonable advance notice where practicable.

4. Accounts

• You must create an account with accurate and complete information and keep it up to date.
• You are responsible for safeguarding your password and any session credentials. Use a strong, unique password and enable any multi-factor authentication we offer.
• You are responsible for all activity that occurs under your account.
• One person per account; accounts are not transferable. Daycares must provision a separate account per staff member who needs access.
• Notify us promptly at security@docpassenger.com if you suspect unauthorized access.

5. Roles and data handling

For information that you enter into a daycare's account — including your family information, your child's information, emergency contacts, and signed documents — the daycare is the controller of that information, and DocPassenger is a service provider/processoracting on the daycare's behalf. We process that information only on the daycare's documented instructions and under the Data Processing Agreement we enter into with each daycare.

You are responsible for obtaining any consents required before entering other people's information (such as the other parent's contact details or an emergency contact's phone number).

Our handling of your information is described in our Privacy Policy. By using the Service you acknowledge that Privacy Policy.

6. Daycare-organization responsibilities

If you are using the Service as a daycare organization or other early-childhood-education provider, you additionally agree that:

• You are the daycare or other early-childhood-education provider serving the families whose information you enter, and you have the authority under applicable law (including state child-care licensing requirements and COPPA, where applicable) to authorize DocPassenger to collect children's personal information for your educational and care services.
• You will execute and remain bound by the DocPassenger Data Processing Agreement before processing parent or child personal information in the Service. The Data Processing Agreement is incorporated into these Terms by reference.
• You will provide parents with a clear, accurate notice of your data-collection practices and of your authorization of DocPassenger as the operator under COPPA's school-authorized consent framework.
• You are responsible for the lawfulness of the forms and content you upload, for the accuracy of your organization's information, for managing your staff's access permissions, and for compliance with your state's child-care licensing requirements.
• You will not upload forms that contain unlawful, defamatory, harassing, or discriminatory content.
• You will not upload Protected Health Information as defined under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). DocPassenger is not a HIPAA business associate and the Service is not designed to receive Protected Health Information. Allergies, medical conditions, medications, and immunization records that families voluntarily provide for enrollment are processed as sensitive personal information under state privacy laws and not as Protected Health Information.

7. Data accuracy, autofill, and AI features

You are responsible for the accuracy of the information you provide. The auto-fill feature populates enrollment forms based on the data you supply. The Service may use limited artificial-intelligence processing on blank form templates to classify form fields, as further described in our Privacy Policy. AI outputs are recommendations subject to human review before they take effect.

• You must review all auto-filled forms before signing.
• DocPassenger does not verify the accuracy of submitted information and is not liable for errors resulting from inaccurate input data or from AI-suggested mappings that a daycare administrator failed to review.
• You agree that the Service's autofill and field-mapping outputs do not constitute legal, medical, regulatory, or other professional advice.

8. Electronic signatures and electronic records (E-SIGN consent)

By creating an account, you consent to do business with DocPassenger and with the daycare you enroll with by electronic means under the U.S. E-SIGN Act (15 U.S.C. §§7001 et seq.) and the Uniform Electronic Transactions Act in your state. You agree that:

• Electronic signatures captured through our signing flow have the same legal effect as handwritten signatures under applicable law.
• You will receive contracts, notices, and other communications electronically through the Service or by email to the address you provide.
• You may obtain a paper copy of any electronic record by emailing support@docpassenger.com; we may charge a reasonable fee for paper copies.
• You may withdraw your consent to electronic transactions at any time by emailing the same address. Withdrawal does not invalidate documents you have already signed electronically. After withdrawal, you may no longer be able to use the Service.
• To use the Service you need a modern web browser, an active email account, a device capable of viewing PDF documents, and a connection to the internet. You must keep your email address up to date through your account settings.

Signatures are processed through our in-house signing flow and stored with a cryptographically chained, tamper-evident audit trail. DocPassenger is not a party to the agreements executed between parents and daycares through the Service. Retain copies of signed documents for your records.

9. Intellectual property and data ownership

The Service, including its software, design, brand assets, logos, and documentation, is owned by DocPassenger and is protected by intellectual-property and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

Your data

• You retain ownership of the information you submit through the Service.
• The daycare you enroll with retains the right to retain a copy of submitted enrollment records as required by applicable child-care licensing law, even after your account is closed.
• You grant DocPassenger a limited, worldwide, royalty-free license to host, transmit, copy, display, and process your information solely to operate and provide the Service to you and the daycare you enroll with. This license terminates when we delete or pseudonymize the information in accordance with our retention obligations.
• We may retain aggregated and de-identified information that cannot reasonably be linked to you for product analytics and product improvement. We will not attempt to re-identify de-identified information.
• We do not use your information to train artificial-intelligence or machine-learning models, and we require our sub-processors to do the same with respect to information they process on our behalf.

10. Acceptable use

You agree not to, and not to permit any third party to:

• Use the Service for any unlawful purpose, or to violate any applicable law or third-party right
• Upload false, misleading, or fraudulent enrollment information
• Upload Protected Health Information as defined under HIPAA (see Section 6)
• Attempt unauthorized access to other accounts, tenant organizations, or systems
• Interfere with, disrupt, or impair the Service or any other user's use of the Service
• Reverse engineer, decompile, or attempt to derive source code from the Service except to the extent that applicable law expressly prohibits this restriction
• Use scrapers, crawlers, or other automated means to access the Service without our prior written permission
• Use the Service to collect information about other users without their consent
• Impersonate any person or entity or misrepresent your relationship with a person, entity, or daycare
• Upload malicious code, viruses, or other harmful content

11. Third-party services

The Service uses third-party providers (sub-processors) to deliver functionality, including providers for database and authentication, email delivery, hosting, and limited form-template AI classification. Each provider has its own terms and privacy practices. Our Privacy Policy lists the current providers. Your use of the Service is also subject to those providers' terms to the extent applicable.

12. Pricing and billing

The Service is currently provided without charge to authorized users. Before any billing terms take effect for your account, we will give at least 30 days' advance written notice of the pricing and the billing terms (including any automatic-renewal terms), and you will need to affirmatively accept those terms before any charge. Any subscription or recurring-billing terms we introduce will comply with applicable state automatic-renewal laws, including California Business & Professions Code §§17600 et seq.

13. Service availability

We strive for high availability but we do not guarantee uninterrupted operation. Scheduled maintenance, third-party-provider outages, and other circumstances may cause downtime. We may suspend or limit the Service to address security incidents, legal requirements, or material misuse. Where we offer a separate service-level agreement to a daycare customer, that service-level agreement controls.

14. Termination and data after termination

You may stop using the Service or close your account at any time through Account Settings or by emailing support@docpassenger.com. We may suspend or terminate your access to the Service for material breach of these Terms, applicable law, or our acceptable-use policy, with notice where practicable and at our discretion without notice where security, legal exposure, or ongoing harm requires immediate action.

• Upon termination, your access to the Service ceases.
• Personal data is deleted or pseudonymized within 30 days of termination, as described in our Privacy Policy, except for (a) information we are required to retain by law, (b) the tamper-evident signature audit trail, which is retained as described in the Privacy Policy and the Data Processing Agreement, and (c) encrypted backups, which are purged on the rotation schedule.
• The daycare you enrolled with may retain its own copy of submitted enrollment records as required by applicable child-care licensing law.
• Provisions of these Terms that by their nature should survive termination will survive, including Sections 9, 10, 15, 16, 17, 18, and 19.

15. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE AUTO-FILLED FORM DATA WILL BE ACCURATE. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICE AND FROM ANY ENROLLMENT FORMS, MEDICAL RECORDS, OR OTHER DOCUMENTS YOU PRODUCE THROUGH IT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

16. Limitation of liability and indemnification

16.1 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR UNDER ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

The limitations and exclusions in this Section 16.1 do not apply to: (i) breaches of confidentiality; (ii) a party's indemnification obligations under Section 16.3; (iii) liability that cannot be limited or excluded under applicable law (including, where applicable, fraud, gross negligence, willful misconduct, or bodily injury or death caused by negligence).

16.2 Essential basis

The Parties acknowledge that the limitations of liability and disclaimers in these Terms are an essential basis of the bargain, and that the Service would not be provided on the same economic terms without them.

16.3 Indemnification

You will defend, indemnify, and hold harmless DocPassenger and its directors, officers, employees, and agents from any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms or applicable law; (b) your or your organization's violation of any third-party right; (c) the content or accuracy of information you submit through the Service; or (d) for daycare-organization users, your collection, use, or disclosure of parent or child information through the Service.

DocPassenger will defend, indemnify, and hold harmless paying customers from any third-party claim that the Service, when used in accordance with these Terms, infringes the third party's U.S. registered patent, copyright, trademark, or trade-secret rights, and will pay any settlement DocPassenger consents to or any final judgment entered against the customer on such a claim, subject to the limitations in Section 16.1.

17. Governing law, dispute resolution, and arbitration agreement

Please read this Section 17 carefully. It requires you and DocPassenger to arbitrate disputes individually and limits your ability to participate in class actions.

17.1 Governing law

These Terms are governed by the laws of the State of California, excluding its choice-of-law principles, and the U.S. Federal Arbitration Act governs the interpretation and enforcement of Section 17.4 (arbitration). The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Informal dispute resolution

Before filing arbitration, the Parties agree to first attempt to resolve any dispute informally for at least 60 days by sending a written notice describing the dispute and the requested relief to legal@docpassenger.com or to the email address you have on file with us. Each Party will negotiate in good faith during this period.

17.3 Small-claims and injunctive carve-outs

Either Party may bring an individual action in a small-claims court of competent jurisdiction for any claim that qualifies for that court. Either Party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual-property or confidentiality rights, or to address misuse of the Service that risks irreparable harm.

17.4 Binding arbitration

Except for disputes covered by Section 17.3, the Parties agree to resolve any dispute arising out of or relating to these Terms or the Service by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (the “Rules”), as modified by these Terms. The Rules are available at jamsadr.com.

• The arbitration will be conducted by a single neutral arbitrator.
• The seat of arbitration is San Francisco, California. Hearings may be held remotely or at a mutually agreed location, with telephone or video proceedings available at the request of either Party.
• The arbitration will be conducted in English.
• The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
• For consumer claims, DocPassenger will pay the JAMS arbitration fees beyond what the consumer would have paid to file the same claim in state court.
• The arbitrator has the exclusive authority to resolve any dispute about the scope, applicability, or enforceability of this arbitration agreement, except that a court of competent jurisdiction has authority to decide whether the class-action waiver in Section 17.5 is enforceable.

17.5 Class-action waiver

Each Party may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class, collective, representative, mass-arbitration, or consolidated action. The arbitrator may not consolidate more than one Party's claims and may not preside over any form of representative or class proceeding. If a court of competent jurisdiction determines that this class-action waiver is unenforceable for a particular claim, that claim will be severed from the arbitration and brought in a court of competent jurisdiction in San Francisco County, California, while all other claims remain in arbitration.

17.6 Mass-arbitration procedures

If 25 or more similar arbitration demands are filed by or on behalf of consumers represented by the same or coordinated counsel within a 90-day period, the Parties will use the JAMS mass-arbitration procedures, including bellwether proceedings and tolling of statutes of limitations for non-bellwether claims, in order to manage the arbitrations efficiently.

17.7 30-day opt-out

You may opt out of this Section 17 (Arbitration) by sending written notice of your decision to opt out to legal@docpassenger.com within 30 days of first agreeing to these Terms. Your notice must include your full legal name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out of arbitration will not affect any other provision of these Terms.

17.8 Venue for non-arbitrable disputes

Any dispute not subject to arbitration under this Section 17 will be brought exclusively in the state or federal courts located in San Francisco County, California, and you and DocPassenger irrevocably consent to the personal jurisdiction and venue of those courts.

17.9 Severability of this section

If any portion of this Section 17 is found to be unenforceable, that portion will be severed and the remainder will continue in effect, except that if the entire arbitration agreement is found to be unenforceable, all disputes will be resolved in the courts identified in Section 17.8.

18. Changes to these Terms

We may modify these Terms from time to time. For material changes, we will give at least 30 days' advance notice by email to active account holders or by an in-product notice, and we will update the version number and effective date at the top of this page. If you do not agree to a change, you may stop using the Service before the change's effective date. Continued use after the effective date constitutes acceptance.

19. General

• Entire agreement. These Terms, the Privacy Policy, and (for daycare-organization users) the Data Processing Agreement and any order form between you and DocPassenger constitute the entire agreement between you and DocPassenger regarding the Service.
• No waiver. A Party's failure to enforce a right or provision is not a waiver of that right or provision.
• Severability. If a provision of these Terms is held unenforceable, the remaining provisions will continue in effect.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets, with notice to you.
• Force majeure. Neither Party will be liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, pandemic, labor disputes, network outages, or third-party-provider failures.
• Electronic notices. We may give you notice by email to the address on file, by in-product notification, or by posting on the Service. You will give us notice by email to legal@docpassenger.com.
• Headings. Section headings are for convenience only and do not affect interpretation.
• Relationship. The Parties are independent contractors; these Terms do not create any agency, partnership, joint venture, or employment relationship.
• U.S. government. If you access the Service on behalf of the U.S. government, the Service is “commercial computer software” under 48 CFR 12.212 and is provided with only the rights set forth in these Terms.

20. Contact

For questions about these Terms, contact legal@docpassenger.com.

DocPassenger LLC (a California limited liability company, formation pending) · California, United States. Our registered mailing address will be published here once formation is complete.