TERMS OF SERVICE
Last updated: August 20, 2026
Master terms for childcare centers, administrators, staff, parents, guardians, and other authorized users.
BY EXECUTING AN ORDER FORM, CREATING A CENTER ACCOUNT, CLICKING TO ACCEPT THESE TERMS, OR ACCESSING OR USING THE SERVICES, THE CENTER AGREES TO THESE TERMS. THE PERSON ACCEPTING THESE TERMS FOR A CENTER REPRESENTS THAT THEY HAVE AUTHORITY TO BIND THE CENTER. IF YOU DO NOT HAVE THAT AUTHORITY OR DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
1. Definitions
"Account" means the Center's account for accessing and administering the Services.
"Authorized User" means an individual whom the Center authorizes to access the Services, including administrators, staff, contractors, parents, guardians, or other family users.
"Center Data" means data, content, records, files, messages, photographs, and other information submitted to, generated within, or processed through the Services by or on behalf of a Center, including data relating to children, families, staff, attendance, health and safety, billing, and communications.
"Documentation" means Tenerwise's then-current user guides, help materials, and technical or operational documentation made available for the Services.
"Order Form" means an ordering document, online checkout, subscription selection, statement of work, or other ordering instrument that identifies the Services, subscription term, or fees.
"Personal Data" means information that identifies, relates to, describes, is reasonably capable of being associated with, or can reasonably be linked to an identifiable person, as defined by applicable law.
"Services" means the Tenerwise childcare management platform and related web applications, mobile applications, APIs, modules, features, support, and Documentation that Tenerwise makes available to the Center.
"Tenerwise Data" means data relating to Tenerwise's business, systems, operations, security, service performance, and aggregated or de-identified usage information that does not identify a Center, child, family, staff member, or other individual.
2. The Services and Account Administration
2.1 Service. Tenerwise provides software tools intended to assist childcare organizations with operational workflows such as attendance, staffing and ratio visibility, health and safety recordkeeping, family communication, billing, reporting, and related administration. Specific functionality depends on the Center's subscription, configuration, and features made available by Tenerwise.
2.2 Center Accounts. Only a Center or an authorized representative of a Center may establish the primary Account. The Center controls which Authorized Users are invited, the roles and permissions assigned to them, and whether their access remains active. The Center is responsible for promptly removing access when an Authorized User no longer requires it.
2.3 Authorized Users. Authorized Users may use the Services only for the Center that authorized them and only within the scope of permissions assigned by the Center. By accessing the Services, each Authorized User agrees to comply with the provisions of these Terms that apply to their use. Family Users must be adults legally capable of maintaining the applicable family account. Center staff Authorized Users must satisfy any minimum age and authorization requirements applicable to their employment and use of the Services. The Center must not issue an Account to a child enrolled in or receiving childcare services from the Center.
2.4 Account Security. The Center is responsible for maintaining the confidentiality of Account credentials, configuring permissions appropriately, and ensuring that Authorized Users do not share credentials. The Center must notify Tenerwise promptly if it suspects unauthorized access, credential compromise, or misuse of the Services. Tenerwise may require password resets, additional authentication, or other security measures when reasonably necessary.
2.5 Changes to the Services. Tenerwise may improve, modify, add, replace, or discontinue features. Tenerwise will use commercially reasonable efforts to provide advance notice of a material discontinuation of core paid functionality when practicable. Tenerwise may make immediate changes when reasonably necessary for security, legal compliance, fraud prevention, or platform integrity.
2.6 Beta and Preview Features. Features identified as beta, preview, pilot, experimental, or similar are provided for evaluation, may change or be discontinued at any time, may not be covered by service commitments, and should not be relied upon for safety-critical, legal, or regulatory decisions.
3. Center Responsibilities
3.1 Authority and Lawful Use. The Center is responsible for using the Services in accordance with applicable childcare licensing requirements, privacy and data-protection laws, employment laws, payment requirements, record-retention rules, professional obligations, and other laws applicable to the Center's operations.
3.2 Accuracy and Timeliness of Center Data. The Center is responsible for the accuracy, completeness, legality, and timeliness of Center Data and for ensuring that Authorized Users enter and update information appropriately. Tenerwise does not independently verify the identity, authority, qualification, licensing status, attendance status, health status, pickup authorization, medication instruction, or other data entered by the Center or its Authorized Users.
3.3 Notices, Permissions, and Consents. Each party is responsible for privacy and data-protection obligations that apply directly to that party. The Center is responsible for providing notices and obtaining permissions, authorizations, or consents required for the Center's collection, use, disclosure, and submission of Center Data to the Services, including permissions relating to child records, photographs, communications, health information, authorized pickup persons, and family accounts. Tenerwise remains responsible for legal obligations that apply directly to Tenerwise in its role as a processor, service provider, contractor, operator, or other regulated entity.
3.4 Center Policies. The Center is responsible for its own privacy notices, family agreements, staff policies, retention obligations, childcare contracts, consent forms, and internal procedures. Tenerwise does not provide legal, medical, tax, accounting, licensing, or professional advice through the Services.
4. Safety-Critical and Regulatory Use
4.1 Administrative Tool; No Certification of Compliance. The Services are administrative and operational tools. Tenerwise does not operate a childcare facility, supervise children, act as a licensing authority, or certify that a Center complies with any staffing, ratio, supervision, health, safety, recordkeeping, or licensing requirement.
4.2 Attendance and Ratio Features. Attendance counts, room assignments, staffing views, ratio calculations, warnings, and alerts depend on the accuracy and timeliness of data entered or generated through the Services and on the Center's configuration of applicable rules. They may be delayed, incomplete, or incorrect due to user error, device issues, connectivity, configuration, third-party failures, or software defects. The Center remains solely responsible for maintaining legally required staffing and supervision and for independently verifying compliance at all times. THE SERVICES MUST NOT BE USED AS THE ONLY MEANS OF DETERMINING WHETHER CHILDREN ARE ADEQUATELY SUPERVISED OR WHETHER A CENTER IS IN COMPLIANCE.
4.3 Health, Medication, and Incident Features. Health profiles, allergies, immunization records, medication records, reminders, incident reports, emergency contacts, and related features are recordkeeping and communication tools only. They do not provide medical advice, diagnosis, treatment recommendations, medication authorization, dosage verification, or emergency services. Authorized Users must independently verify instructions, permissions, allergies, doses, times, emergency procedures, and other safety-critical information before acting.
4.4 Emergencies. The Services are not an emergency communications system. In an emergency or suspected emergency, Authorized Users must follow the Center's emergency procedures and contact appropriate emergency personnel rather than relying on Tenerwise notifications, messages, alerts, or availability.
4.5 HIPAA. Unless Tenerwise expressly agrees in writing to a Business Associate Agreement for a specific customer and service configuration, the Services are not offered as a HIPAA business associate service. A Center that is a HIPAA covered entity or business associate must not submit Protected Health Information to the Services where a Business Associate Agreement is legally required unless such an agreement is in effect.
5. Center Data, Privacy, and Data Processing
5.1 Rights in Center Data. As between Tenerwise and the Center, the Center retains all right, title, and interest it may have in Center Data. Nothing in these Terms transfers ownership of Personal Data or limits rights individuals may have in their Personal Data under applicable law.
5.2 Limited Processing Rights. The Center authorizes Tenerwise to host, copy, transmit, access, use, modify, display, and otherwise process Center Data only as reasonably necessary to provide, secure, maintain, support, and troubleshoot the Services; carry out the Center's documented instructions; and comply with applicable law. Service improvement using aggregated or de-identified information is governed by Section 5.5.
5.3 Processor / Service Provider Role. To the extent Tenerwise processes Personal Data in Center Data on behalf of a Center, Tenerwise acts as the Center's processor, service provider, contractor, or analogous regulated role, except to the limited extent Tenerwise independently determines the purposes and means of processing for its own lawful business purposes as described in the Privacy Policy. The Tenerwise Data Processing Addendum ("DPA"), available at tenerwise.com/legal/dpa, is incorporated into and forms part of these Terms whenever Tenerwise processes Personal Data in Center Data on behalf of a Center. If there is a conflict between the DPA and these Terms regarding such processing, the DPA controls.
5.4 Restricted Uses of Center Data. Tenerwise will not sell Center Data; use Center Data for cross-context behavioral advertising or targeted advertising based on a child's or family's activity within the Services; or use, or permit any third-party AI provider to use, identifiable Center Data to train general-purpose artificial intelligence or machine-learning models.
5.5 Aggregated and De-identified Data. Tenerwise may create and use aggregated or de-identified information for security, analytics, benchmarking, service improvement, capacity planning, and business operations, provided the information is processed so that it does not reasonably identify the Center or an individual and Tenerwise does not attempt to re-identify it except as permitted by law for testing whether de-identification is effective.
5.6 Data Subject Requests. Because the Center generally controls Center Data, requests from parents, guardians, staff, or other individuals concerning access, correction, deletion, or other privacy rights relating to Center Data should ordinarily be directed to the Center. Tenerwise will provide reasonable assistance to the Center as required by applicable law.
5.7 Photographs and Biometric Data. The Services may permit storage or display of photographs. Unless a separately disclosed feature is expressly enabled with appropriate contractual and legal safeguards, Tenerwise does not use child photographs to perform facial recognition or create biometric templates for automated identification.
6. Artificial Intelligence Features
If Tenerwise makes artificial intelligence or automated-assistance features available, those features may generate summaries, suggestions, classifications, drafts, or other outputs based on data supplied to them. AI-generated output may be incomplete, inaccurate, outdated, or inappropriate for a particular child or situation.
AI output must be reviewed by an authorized adult before it is relied upon, shared, placed in a child's record, or used to make a decision.
AI features may not be used as a substitute for professional judgment, medical advice, licensing decisions, safety decisions, or legally required human review. Tenerwise will disclose material third-party AI providers or processing arrangements through appropriate documentation. Identifiable Center Data will not be used to train general-purpose artificial intelligence or machine-learning models, as provided in Section 5.4.
7. Acceptable Use
The Center must not, and must not permit any Authorized User or third party to: use the Services unlawfully, fraudulently, abusively, or in a manner that violates the rights of another person; access or attempt to access data, accounts, systems, or functionality for which the user is not authorized; share credentials, bypass authentication or permissions, probe or test vulnerabilities without written authorization, or interfere with security controls; reverse engineer, decompile, disassemble, or attempt to derive source code or non-public algorithms except to the extent such restriction is prohibited by law; scrape, crawl, bulk extract, copy, resell, sublicense, or provide the Services to an unauthorized third party; upload malware, malicious code, unlawful content, infringing material, or content the Center lacks authority to process; use the Services to harass, exploit, discriminate against, surveil, or harm a child or other individual; use the Services to make solely automated decisions that produce legal or similarly significant effects on an individual unless expressly permitted by Tenerwise and applicable law; use the Services to develop a competing product through systematic extraction of non-public functionality or content; or misrepresent the source, accuracy, or official status of records generated through the Services.
8. Subscription, Fees, and Taxes
8.1 Subscription. Paid Services are provided for the subscription term and fees shown in the applicable Order Form. Unless the Order Form states otherwise, subscriptions renew automatically for successive periods of the same length until canceled in accordance with the Order Form or the account cancellation process.
8.2 Fees. Fees are due in advance unless otherwise stated. Except as required by law or expressly stated in an Order Form, fees are non-refundable and payment obligations are non-cancelable for the applicable committed subscription term.
8.3 Fee Changes. Tenerwise may change fees for a future renewal term by providing at least 30 days' advance notice or such longer notice as required by applicable law or the applicable Order Form.
8.4 Late Payment and Suspension. If undisputed fees remain unpaid after notice and a reasonable cure period, Tenerwise may suspend paid functionality until the account is brought current. Tenerwise may charge lawful interest or collection costs where stated in the Order Form or permitted by law.
8.5 Taxes. Fees exclude sales, use, excise, value-added, and similar transaction taxes. The Center is responsible for applicable taxes other than taxes based on Tenerwise's net income, payroll, or property.
9. Payment Features for Center-Family Transactions
If Tenerwise offers features that allow Centers to invoice families or facilitate tuition and other payments, the Center — not Tenerwise — is the provider of childcare services and the party that determines tuition, fees, refunds, credits, late fees, and the underlying obligations of families unless otherwise expressly stated.
Where payment processing functionality is enabled, it is provided through a third-party payment processor such as Stripe. A Center's or payer's use of payment functionality may be subject to additional terms from that processor. Tenerwise does not guarantee authorization, settlement, reversal, dispute, chargeback, payout timing, or uninterrupted availability of third-party payment networks.
10. Third-Party Services and Integrations
The Services may interoperate with third-party products, infrastructure, communication providers, payment processors, identity providers, or integrations. Third-party services are governed by their own terms and privacy practices when the Center or an Authorized User interacts directly with them. Tenerwise is not responsible for third-party products outside Tenerwise's reasonable control, but Tenerwise remains responsible for its own obligations regarding subprocessors that process Personal Data on Tenerwise's behalf.
11. Security
Tenerwise maintains administrative, technical, and organizational safeguards designed to protect Center Data based on the nature and sensitivity of the data and the risks of processing. Security controls may include access controls, authentication, encryption, logging, monitoring, data segregation, secure development practices, backup and recovery controls, and vendor-management measures, as appropriate to the applicable systems.
No system can be guaranteed to be completely secure or continuously available. The Center acknowledges that internet transmission, endpoints, user devices, third-party services, and human actions can introduce risks outside Tenerwise's control. Tenerwise will address security incidents affecting Center Data in accordance with applicable law and Tenerwise's incident-response procedures.
12. Confidentiality
Each party may receive non-public information from the other that is designated confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure ("Confidential Information"). Center Data is Center Confidential Information, and non-public software, security, pricing, product roadmap, and technical information are Tenerwise Confidential Information.
The receiving party will use Confidential Information only to perform or exercise rights under the agreement and will protect it using at least reasonable care. The receiving party may disclose Confidential Information to personnel, professional advisers, and service providers who need to know it and are subject to confidentiality obligations, or as required by law after providing notice when legally permitted.
Confidential Information does not include information the receiving party can demonstrate was lawfully known without restriction, becomes public through no breach, is received lawfully from a third party without confidentiality duty, or is independently developed without use of the disclosing party's Confidential Information.
13. Intellectual Property
13.1 Tenerwise Technology. Tenerwise and its licensors retain all right, title, and interest in the Services, Documentation, software, designs, workflows, templates, APIs, trademarks, and related technology, including improvements and derivative works, excluding Center Data.
13.2 Limited License. Subject to these Terms and payment of applicable fees, Tenerwise grants the Center a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to permit Authorized Users to access and use the Services for the Center's internal childcare and business operations.
13.3 Feedback. If the Center or an Authorized User voluntarily provides suggestions, ideas, or feedback, Tenerwise may use them without restriction or obligation, provided Tenerwise does not identify the person or Center as the source without permission.
14. Suspension
Tenerwise may suspend or restrict access to the Services when reasonably necessary to address a security threat, unlawful activity, material violation of these Terms, risk to children or other individuals, nonpayment, legal requirement, or material risk to the Services or other customers. When practicable, Tenerwise will provide notice and limit the suspension to the scope and duration reasonably necessary.
15. Term and Termination
15.1 Term. These Terms begin when the Center first accepts them or first uses the Services and continue until all subscriptions have expired or been terminated.
15.2 Termination for Cause. Either party may terminate an affected subscription or these Terms for a material breach that remains uncured 30 days after written notice. If a breach cannot reasonably be cured, or if continued use would create material security, legal, or safety risk, termination may be immediate to the extent permitted by law.
15.3 Termination for Insolvency. Either party may terminate if the other becomes insolvent, ceases business operations, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings that are not dismissed within 60 days, to the extent permitted by law.
15.4 Effect of Termination and Data Return. After termination, the Center's right to use the Services ends. Subject to payment of undisputed amounts and legal restrictions, Tenerwise will provide the Center a reasonable opportunity to export available Center Data using then-available export tools or a commercially reasonable export process. Tenerwise will delete or return Center Data in accordance with its documented retention practices, subject to legal retention requirements and routine backup cycles.
15.5 Survival. Provisions that by their nature should survive termination will survive, including provisions concerning accrued fees, confidentiality, intellectual property, data restrictions, disclaimers, indemnification, limitations of liability, dispute terms, and general provisions.
16. Warranties and Disclaimers
16.1 Mutual Authority. Each party represents that it has the legal authority to enter into the agreement and perform its obligations.
16.2 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN AN ORDER FORM, THE SERVICES, DOCUMENTATION, BETA FEATURES, OUTPUTS, ALERTS, REPORTS, AND THIRD-PARTY INTEGRATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TENERWISE DISCLAIMS ALL IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, AND ERROR-FREE OR UNINTERRUPTED OPERATION.
TENERWISE DOES NOT WARRANT THAT USE OF THE SERVICES WILL MAKE A CENTER COMPLIANT WITH ANY LAW, LICENSING STANDARD, STAFFING RATIO, RECORDKEEPING RULE, HEALTH REQUIREMENT, OR CONTRACTUAL OBLIGATION.
17. Indemnification
17.1 Center Indemnity. The Center will defend Tenerwise and its affiliates, officers, directors, employees, and agents against third-party claims arising from: (a) Center Data or the Center's instructions concerning Center Data; (b) the Center's childcare services or relationship with children, families, staff, or payers; (c) the Center's breach of Sections 3, 4, or 7; (d) the Center's failure to obtain a notice, consent, permission, or authorization that the Center was legally required to obtain; or (e) the Center's violation of applicable law. The Center will indemnify Tenerwise for resulting damages, judgments, settlements, and reasonable attorneys' fees, except to the extent caused by Tenerwise's breach of these Terms or applicable law.
17.2 Tenerwise IP Indemnity. Tenerwise will defend the Center against a third-party claim that the Center's authorized use of the unmodified Services infringes a U.S. patent, copyright, or trademark, and will indemnify the Center for final damages or settlements approved by Tenerwise. Tenerwise has no obligation for claims arising from Center Data, third-party services, unauthorized modifications, combinations not supplied by Tenerwise, continued use after notice of infringement, or use outside the scope of the agreement.
If the Services become, or Tenerwise reasonably believes they may become, subject to an infringement claim, Tenerwise may procure the right to continue use, modify or replace the affected functionality, or terminate the affected Service and refund prepaid unused fees for the terminated portion. This Section states the Center's exclusive remedy for third-party intellectual-property infringement claims.
17.3 Procedure. The indemnified party must provide prompt notice of the claim, reasonable cooperation at the indemnifying party's expense, and control of the defense and settlement to the indemnifying party, except no settlement may admit fault of or impose non-monetary obligations on the indemnified party without its consent.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TENERWISE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY THE CENTER TO TENERWISE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY.
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED. THE PARTIES AGREE THAT THESE LIMITATIONS ALLOCATE RISK BETWEEN THEM AND ARE A MATERIAL BASIS OF THE BARGAIN.
19. Governing Law and Disputes
19.1 Informal Resolution. Before filing a lawsuit, each party will attempt in good faith for at least 30 days to resolve the dispute through written notice sent to the other party. Notices to Tenerwise concerning disputes should be sent to support@tenerwise.com with the subject line "Legal Notice."
19.2 Governing Law and Venue. These Terms and any dispute arising from them are governed by the laws of the State of Texas, excluding conflict-of-laws rules. The parties consent to exclusive jurisdiction and venue in the state courts located in Travis County, Texas and the federal courts serving Travis County, Texas, except that either party may seek temporary or injunctive relief in any court of competent jurisdiction to protect confidential information, intellectual property, security, or data.
19.3 Jury Trial Waiver. TO THE EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN A DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS.
20. Changes to These Terms
Tenerwise may update these Terms to reflect changes in law, security requirements, business practices, or the Services. If a change materially reduces a Center's contractual rights or materially increases its obligations during a paid subscription term, Tenerwise will provide reasonable advance notice. Unless a change is required sooner for legal or security reasons, material changes will apply no earlier than the next renewal term or 30 days after notice, whichever is later. Continued use after the effective date of an applicable update constitutes acceptance to the extent permitted by law.
21. General Provisions
Order of Precedence. If there is a conflict, an executed Order Form controls over these Terms for commercial terms, and any Data Processing Addendum controls for processing of Personal Data, if and when either exists. A separately signed agreement controls over online terms to the extent of an express conflict.
Assignment. The Center may not assign the agreement without Tenerwise's prior written consent, except in connection with a merger, reorganization, or sale of substantially all assets if the assignee agrees in writing to be bound. Tenerwise may assign the agreement to an affiliate or in connection with a merger, financing, reorganization, or sale of all or substantially all of its business or assets.
Force Majeure. Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, excluding payment obligations, provided the affected party uses reasonable efforts to mitigate the effect.
Notices. Operational notices may be delivered through the Services or by email to the account contact. Legal notices to Tenerwise must be sent to support@tenerwise.com with the subject line "Legal Notice."
No Agency. The parties are independent contractors. These Terms do not create a partnership, agency, fiduciary, franchise, or employment relationship.
No Third-Party Beneficiaries. Except for indemnified parties under Section 17, there are no third-party beneficiaries to these Terms.
Waiver and Severability. Failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions remain effective.
Export and Sanctions. The Center must comply with applicable U.S. export-control and sanctions laws and may not use the Services in prohibited jurisdictions or for prohibited parties or purposes.
Entire Agreement. These Terms, applicable Order Forms, any Data Processing Addendum, and incorporated policies constitute the entire agreement regarding the Services and supersede prior or contemporaneous discussions on that subject.
Electronic Communications. The Center consents to receive contractual, transactional, security, billing, and account communications electronically.
22. Contact
Questions about these Terms: support@tenerwise.com
Tenerwise LLC — 5900 Balcones Drive, Suite 100, Austin, TX 78731, United States — https://tenerwise.com