Terms of Service

1. The agreement

These Terms of Service (“Terms”) are an agreement between Abacus Tech Design LLC (“we”, “us”) and the child care center or other organization that uses Abacus Forms (“you”, “the center”). They cover the web app at forms.abacustechdesign.com and this website (together, “the Service”).

By using the Service you accept these Terms and our Privacy Policy. If you accept on behalf of a center, you confirm that you have the authority to bind it. The Service is for adults: center staff and parents or guardians must be at least 18 years old.

2. Accounts

• We set up each center's account. The person we set it up for is the account owner.
• Every staff member signs in with their own account. Do not share sign-ins. Keep passwords secret, and tell us right away at contact@abacustechdesign.com if you suspect unauthorized use.
• The center is responsible for everyone it invites into the Service, staff and families, and for deactivating staff accounts when someone leaves.
• Give us accurate information about your center and keep it current.

3. Families

Parents and guardians use Abacus Forms at a center's invitation, to complete that center's forms for their children. Families do not pay for the Service. The center decides what its forms ask and how it uses the answers; questions about a form or an enrollment go to the center. A parent or guardian who creates a family account agrees to give accurate information, to use the account only for their own family's forms, to keep the password secret, and to follow section 4.

4. Acceptable use

Use the Service lawfully and for its intended purpose. You must not:

• Upload content you do not have the right to use, or that infringes anyone's privacy or other rights.
• Attempt to access another center's or another family's information, or probe or circumvent security.
• Interfere with the Service or other users, or overload, scrape, or reverse engineer it.
• Resell access to the Service, or use it to send unsolicited messages.
• Upload malware or anything that could harm the Service or its users.

We may suspend or restrict access while we investigate a suspected violation.

5. Subscription, billing, trial, cancellation, and refunds

• Price: one published plan, $249 per month per center, with no per-family, per-child, or per-staff fees. Prices are in US dollars. A different price agreed with you in writing takes precedence for your center.
• Trial: your first 30 days are free, starting when we set up your account. No card is needed during the trial.
• Billing: your center's account owner starts the subscription from the Billing page in the office, through Stripe Checkout. The first monthly charge is made when the subscription starts, and then monthly in advance on the same day of each billing period. Your subscription is billed by Abacus Tech Design LLC through Stripe; Stripe's terms apply to the payment itself. Receipts and payment history are in your Stripe billing portal.
• Cancellation: the account owner can cancel any time from Billing → Manage billing. Your subscription stays active until the end of the period you have paid for and does not renew after that.
• Refunds: we do not give partial refunds for unused time after you cancel. If you believe a charge was made in error, write to contact@abacustechdesign.com within 30 days of the charge, and we will refund any charge made in error.
• Unpaid subscriptions: if the trial ends without a subscription, or a payment fails and is not resolved, we will e-mail the account owner and may restrict the office's use of the Service until it is resolved.
• Taxes: prices exclude applicable taxes. You are responsible for any sales, use, or similar taxes that apply; where we are required to collect them, they appear separately at checkout and on your receipt.
• Price changes: we give at least 30 days' notice by e-mail before a price change takes effect. The new price applies from your next billing period after the notice period.

6. Your forms and the information families enter

• You own your content: the forms you build and the answers, signatures, and files families submit to your center. You grant us the license we need to host, process, back up, and display it to provide the Service to you, and for nothing else.
• For that content the center is the data controller and we process it on the center's behalf, as described in the Privacy Policy, which forms part of these Terms. The center is responsible for what its forms ask, for having a lawful basis and any consent needed to collect it, including information about children and their health, and for its own record-keeping, licensing, and privacy obligations.
• We do not sell your content, use it for advertising, or use it to train machine-learning models.
• You can request an export of your center's data, and closure of your center's account, at any time. What is deleted, what is kept, and for how long is set out in the Privacy Policy.

7. Signatures and records

When a family signs a packet, the Service records the signature, the time it was given, and the network address and browser it came from, and produces a signed PDF. Whether an electronic signature or record meets a particular legal, licensing, or regulatory requirement for your center is for you to decide. Abacus Forms is a records tool, not legal or compliance advice.

8. E-mails sent for your center

The Service sends e-mails for your center, such as family and staff invitations, requests to review or re-sign a form, and account messages like password resets. They are sent from our address and carry your center's name. You are responsible for inviting only people you have a reason to contact.

9. Availability and support

• We work to keep the Service available around the clock but do not guarantee uninterrupted service. We may perform maintenance and will try to schedule anything disruptive outside your center's working hours.
• Support is by e-mail at contact@abacustechdesign.com. We respond within one business day. See the Support page.

10. Intellectual property

The Service, including its software, design, and the Abacus Forms name, belongs to Abacus Tech Design LLCand its licensors. These Terms give you a right to use the Service, not ownership of it. If you send us feedback or suggestions, we may use them without obligation to you.

11. Third-party services

The Service relies on providers such as Stripe, Railway, Resend, and Cloudflare (listed in the Privacy Policy). Where you deal with a provider directly, such as Stripe for payment, that provider's terms govern your relationship with it.

12. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. You are responsible for reviewing what families submit and for deciding what your center needs to collect and keep.

13. Limitation of liability

To the fullest extent permitted by law, Abacus Tech Design LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities, arising out of or related to the Service. Our total liability for all claims arising out of or related to the Service in any twelve-month period is limited to the amount you paid us for the Service in that period. Some jurisdictions do not allow some of these limitations; in that case they apply to the greatest extent the law permits.

14. Indemnity

You will defend and indemnify Abacus Tech Design LLC against claims, damages, and costs, including reasonable legal fees, arising from your content, from what your forms collect, or from your use of the Service in breach of these Terms.

15. Termination

• By you: cancel your subscription at any time (section 5) and, if you wish, request closure of your center's account (section 6).
• By us: we may suspend or terminate access if you materially breach these Terms, if payment remains unresolved, or if the law requires it. We will give notice where practical.
• Effect: on termination your right to use the Service ends. We will give you a reasonable opportunity to export your data unless the law or the reason for termination prevents it, and we then delete your data as described in the Privacy Policy. Sections 6, 7, 10, and 12 to 18 survive termination.

16. Changes

We may add, change, or retire features, and we may change these Terms. The version and effective date at the top change when we do. For a material change we will notify account owners by e-mail at least 14 days before it takes effect. Continuing to use the Service after that date means you accept the updated Terms. If you do not, cancel before the change takes effect.

17. Governing law and disputes

These Terms are governed by the laws of the State of Wisconsin, United States, without regard to its conflict-of-law rules, and any dispute arising out of them will be brought in the state or federal courts located there. Before filing a claim, write to us. Most problems can be resolved informally, and we will try in good faith to do so.

18. General

• These Terms and the Privacy Policy are the entire agreement between you and us about the Service, together with any pricing we agree with you in writing.
• If any part of these Terms is found unenforceable, the rest remains in effect.
• Our not enforcing a provision is not a waiver of it.
• You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of the Service, with notice to you.
• Notices to you go to your account owner's e-mail address. Notices to us go to contact@abacustechdesign.com.
• Neither party is liable for failure to perform caused by events beyond its reasonable control.

19. Contact

Abacus Tech Design LLC
contact@abacustechdesign.com