Terms of Service

These Terms form a binding agreement between you and Rizenware Software, LLC ("Rizenware," "CubbyTrack," "we," "us," or "our"). By creating an account, accepting an invitation, accessing the platform, or otherwise using CubbyTrack, you agree to these Terms and our Privacy Policy.

A person who creates or manages a childcare program account must be at least 18 years old and have authority to act for that program. If you use CubbyTrack on behalf of a business, center, school, home provider, or other organization, you represent that you have authority to bind that organization to these Terms.

CubbyTrack provides software tools for childcare operations. Depending on the plan and features enabled, these tools may include enrollment, attendance, family records, parent access, billing records, payment workflows, staff records, schedules, timecards, payroll-preparation information, daily care logs, incident documentation, medication records, meal planning, forms, reports, learning tools, communications, compliance organization, and related administrative functions.

Features may be added, changed, reorganized, limited, or discontinued as the platform develops. We may also release beta, preview, or experimental features that are provided for evaluation and may change or end without notice.

The childcare program that creates or controls a center account is responsible for deciding who may access its records and what permissions each person receives. Owners and authorized managers are responsible for adding, removing, and supervising staff access.

Parents and guardians may receive access to information made available by their childcare provider. CubbyTrack does not independently determine custody, pickup authority, guardianship, classroom placement, medical authorization, or who should have access to a child's information. The childcare provider is responsible for making and documenting those decisions in accordance with law and its own policies.

CubbyTrack does not employ, supervise, license, recommend, or control childcare providers or their employees, and we are not responsible for the quality, safety, legality, staffing, curriculum, supervision, or delivery of childcare services.

Childcare records can contain sensitive information. Customers must only collect, enter, upload, share, or disclose information they are legally permitted to process. The childcare program remains responsible for required notices, consents, releases, record-retention rules, family access requests, and any state or federal childcare privacy requirements that apply to it.

Our handling of personal information is described in the CubbyTrack Privacy Policy. When a childcare program uses CubbyTrack to maintain information about children, families, or employees, the program is responsible for its own lawful use of that information.

Users must provide accurate account information, maintain the confidentiality of passwords and access links, and use only the account assigned to them. Credentials may not be shared between people. You are responsible for activity performed through your account unless prohibited by law.

You must promptly notify CubbyTrack if you believe an account has been compromised or accessed without authorization. We may require password resets, revoke sessions, restrict access, or take other reasonable security measures when we believe they are necessary to protect users, children, families, customers, CubbyTrack, or third parties.

You may not use CubbyTrack to:

• access, collect, change, or disclose records you are not authorized to use;
• violate childcare, privacy, employment, payment, consumer-protection, intellectual-property, or other applicable laws;
• upload malware, harmful code, unlawful content, or material that infringes another person's rights;
• probe, scan, bypass, defeat, or interfere with security, authentication, plan limits, access controls, or rate limits;
• reverse engineer, decompile, scrape, copy, mirror, or attempt to obtain source code except where applicable law expressly permits it;
• impersonate another person or misrepresent your authority, identity, center, family relationship, or account role;
• use CubbyTrack for unlawful surveillance, harassment, discrimination, exploitation, or targeted advertising to children;
• send spam or abusive communications through CubbyTrack; or
• use the service in a manner that materially interferes with other customers or places unreasonable load on the platform.

We may investigate suspected misuse and may suspend or restrict access while doing so.

Customers and users retain their ownership rights in information, files, photos, forms, messages, documents, and other content they submit to CubbyTrack ("Customer Content").

You grant Rizenware a limited, worldwide, nonexclusive license to host, store, reproduce, process, transmit, back up, display, and otherwise use Customer Content only as reasonably necessary to provide, secure, maintain, support, troubleshoot, and improve CubbyTrack; comply with law; enforce these Terms; and protect the rights and safety of users and others.

You represent that you have the permissions and authority necessary for the Customer Content you submit and for the access you grant to other users.

CubbyTrack may allow childcare programs and authorized users to send messages, invitations, reminders, notices, forms, billing communications, and other information by email, in-app messaging, or other supported channels. Delivery is not guaranteed, and users should not rely on CubbyTrack as the sole method for urgent, emergency, legally required, or time-critical communications.

Customers are responsible for the content of communications they send and for obtaining any consent required for those communications.

New centers enrolling in the Fall Special pay $39.95 per month per physical center for the first 12 monthly payments after any eligible 30-day free trial, then $59.95 per month. Every currently available CubbyTrack feature is included. Existing subscriptions keep their agreed terms. We may change prices for future new subscriptions.

The Fall Special moves to the disclosed $59.95 monthly rate after the first 12 monthly payments. After any guaranteed pricing period ends, CubbyTrack may change the monthly price for future billing periods. For price increases beyond the $59.95 rate disclosed in the Fall Special, we will send a price-change notice by email to the address on the account at least 30 days before the first higher charge, or earlier if required by applicable law. The email will state the new monthly price and the date it takes effect. An additional price increase will not apply during a guaranteed pricing period. You may cancel before the increase takes effect to avoid the higher price.

An eligible new center may receive a 30-day free trial. When payment information is required for a trial, the customer authorizes the applicable payment processor to store the payment method and begin recurring billing when the trial ends unless the subscription is canceled before then.

Paid subscriptions renew automatically at the billing interval shown during checkout unless canceled. Taxes may be added where required. If a payment fails, we may retry the charge, request updated payment information, restrict paid features, pause access, or allow a reasonable period for the customer to resolve the failure.

Customers may manage or cancel their subscription through the available Plan & Subscription controls. Unless required by law or expressly stated otherwise at purchase, cancellation takes effect at the end of the current paid billing period and amounts already paid are nonrefundable.

When a plan change is scheduled rather than immediate, the platform will display when the new plan or rate takes effect. Customers are responsible for bringing usage within the limits of a lower plan before a downgrade when required.

CubbyTrack may provide tools for invoices, tuition records, payment assistance, subsidy tracking, agency or tribal payment records, and connections to supported payment processors. The childcare provider remains responsible for the amounts it charges, refunds, credits, subsidy claims, payer eligibility, late fees, receipts, tax treatment, and compliance with program or agency rules.

Payment processing may be performed by third-party providers under their own terms. CubbyTrack does not guarantee approval, settlement timing, chargeback outcomes, subsidy reimbursement, or the availability of any third-party payment service.

CubbyTrack may integrate with or link to services operated by third parties, such as payment processors, email providers, hosting services, identity providers, or other business tools. Those services are governed by their own terms and privacy practices. We are not responsible for third-party products, outages, changes, fees, data practices, or actions outside our control.

CubbyTrack, including its software, user interface, designs, branding, documentation, workflows, templates, and other materials provided by us, is owned by Rizenware Software, LLC or its licensors and is protected by applicable intellectual-property laws.

Subject to these Terms and any applicable subscription, we grant authorized users a limited, nonexclusive, nontransferable, revocable right to access and use CubbyTrack for legitimate childcare operations. No ownership rights are transferred to users.

If you voluntarily send us suggestions, ideas, feature requests, or other feedback about CubbyTrack, you allow us to use that feedback without restriction or compensation, provided that this does not give us ownership of your underlying Customer Content or confidential center records.

We work to keep CubbyTrack reliable and secure, but continuous or error-free availability is not guaranteed. Planned maintenance, emergency maintenance, internet failures, infrastructure issues, third-party outages, security events, or circumstances outside our reasonable control may interrupt service.

We may change the service over time, including adding, modifying, replacing, or removing features. When reasonably practical, we will provide notice before a material change that significantly reduces core paid functionality.

Customers are responsible for keeping copies of records they are legally required to maintain outside CubbyTrack when law, licensing rules, contracts, or their own policies require independent retention.

Following cancellation, expiration, suspension, or account closure, access to data may become limited. We may retain information for reasonable backup, security, fraud-prevention, legal, tax, dispute, or compliance purposes as described in our Privacy Policy and applicable law. We do not promise indefinite storage after an account is no longer active.

We may suspend or terminate access for material breach of these Terms, unlawful conduct, nonpayment, fraud, abuse, threats to security or safety, or misuse that could harm CubbyTrack, a childcare program, a child, a family, another user, or a third party.

Where reasonable and lawful, we will try to give notice and an opportunity to correct a problem before permanent termination. We may act immediately when necessary to address security, safety, fraud, legal, or operational risk.

To the fullest extent permitted by law, CubbyTrack is provided "as is" and "as available." Rizenware disclaims warranties that are not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.

CubbyTrack does not warrant that use of the service will cause a childcare program to satisfy licensing, staffing, payroll, tax, subsidy, medical, educational, safety, or recordkeeping requirements. The customer remains responsible for determining and meeting its obligations.

To the fullest extent permitted by law, Rizenware Software, LLC and its officers, employees, contractors, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, lost profits, lost revenue, business interruption, loss of goodwill, or loss resulting from unauthorized credentials, inaccurate customer data, third-party services, or a customer's failure to meet childcare or legal obligations.

To the fullest extent permitted by law, our aggregate liability arising out of or relating to CubbyTrack or these Terms will not exceed the greater of (a) the fees paid by the applicable customer to CubbyTrack during the three months immediately preceding the event giving rise to the claim or (b) $100.

Some jurisdictions do not allow certain warranty disclaimers or liability limitations, so portions of this section may not apply to you.

To the extent permitted by law, a business or organization using CubbyTrack agrees to defend, indemnify, and hold harmless Rizenware Software, LLC and its personnel from third-party claims, losses, liabilities, damages, and reasonable costs arising from that organization's unlawful use of CubbyTrack, violation of these Terms, Customer Content, or violation of another person's rights.

These Terms are governed by the laws of the State of Oklahoma, without regard to conflict-of-law principles. Before filing a formal claim, you agree to contact us at support@cubbytrack.com and give us a reasonable opportunity to try to resolve the dispute informally.

Unless applicable law requires otherwise, legal proceedings arising from these Terms or CubbyTrack will be brought in a court of competent jurisdiction in Oklahoma.

These Terms and the policies expressly incorporated into them are the agreement between you and us concerning CubbyTrack unless we have signed a separate written agreement that expressly overrides them.

If a provision of these Terms is found unenforceable, the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. You may not assign your rights or obligations under these Terms without our written consent, but we may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of the relevant business or assets.

Section headings are for convenience only. Provisions that by their nature should survive termination—including payment obligations, ownership, disclaimers, liability limits, indemnification, dispute terms, and rights relating to data retained lawfully—will survive.

We may update these Terms as CubbyTrack changes or as legal, regulatory, security, or business requirements evolve. The current version will be posted on this page with a new "Last updated" date. When a change is material, we may also provide notice through the service, by email, or by another reasonable method.

Continued use of CubbyTrack after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law. If you do not agree to revised Terms, you should stop using the service and cancel the applicable account or subscription.

Questions about these Terms may be sent to support@cubbytrack.com or by calling 866-853-6020.

CubbyTrack is a product of Rizenware Software, LLC.