Terms of Service

By accessing or using the Service you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Programs. A child care program (a "Program") subscribes to BrightBadge through its owner or another authorized administrator. That person accepts these Terms for the Program and confirms they have the authority to do so.

End users. Program staff, parents and guardians, and authorized pick-up persons who use BrightBadge at a Program's invitation ("End Users") accept these Terms for their own use of the Service. End Users do not pay BrightBadge, and the Program's fees, policies and agreements do not become obligations of End Users toward BrightBadge.

BrightBadge provides digital check-in, attendance, enrollment and related administrative tools for child care programs and their authorized staff, parents, guardians and pick-up persons. We may add, change, or remove features at any time.

BrightBadge is a software tool, not a child care provider. We are not a party to any enrollment, tuition, care, custody or other agreement between a Program and a family, and we don't provide, supervise or guarantee child care. The Program alone decides whether to release a child to a particular person, including whether to check identification. BrightBadge's pick-up authorizations, codes and QR scans support that decision but do not replace it. Disputes about care, tuition, enrollment or pick-up are between the Program and the family.

You must be at least 18 years old (or the age of majority where you live) to create an account. Where a Program's policy and a parent or guardian both allow it, a person aged 16 or 17 may be added as an authorized pick-up. That person may use only the pick-up features and may not hold a Program owner or billing role. You must provide accurate account information. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us promptly of any unauthorized use.

You agree not to misuse the Service, including by attempting to access data you are not authorized to access, disrupting the Service, uploading unlawful or infringing content, or using the Service to violate any law or the privacy or rights of others.

Consent to electronic records. By using BrightBadge, you agree that the following may be provided, signed and kept electronically: sign-in and sign-out records, pick-up authorizations, enrollment packets, consent forms, and notices from us or your Program. You agree that your electronic signature, whether drawn on screen or applied from your stored signature when your own BrightBadge QR code is scanned, has the same effect as a handwritten signature.

Stored signature. Saving a stored signature is optional. It is governed by the consent wording shown when you save it (version recorded), and you can replace or withdraw it at any time in your account.

Paper copies and withdrawal. You may ask for a paper or PDF copy of any record you signed, at no charge, by contacting your Program or emailing legal@bright-badge.com. You may withdraw your consent to electronic signatures at any time by emailing legal@bright-badge.com or by telling your Program. After that, you will need to sign on paper, or in the manner your Program directs, for future records. Withdrawal does not affect records already signed. Please keep your email address current in your account.

What you need. A current web browser or the BrightBadge app, an internet connection, an email address, and the ability to view or save PDF files.

Free trial. A new Program can get a 30-day free trial with a trial code. No payment card is needed to start. Without a trial code there is no free trial, and a paid plan must be chosen before Program features can be used. We email you 9 days and 1 day before a trial ends; when it ends, access to Program features pauses unless you choose a plan. We never charge you automatically at the end of a trial.

Plans. Starter $99/month, Growth $199/month, Enterprise $299/month, in U.S. dollars, plus applicable sales tax. Billing is monthly only.

Automatic renewal. When you choose a paid plan and enter a payment method, you authorize us (through Stripe) to charge that payment method the plan price plus tax, in advance, on the same day each month until you cancel.

Cancel anytime in Billing (the Stripe customer portal) or by emailing billing@bright-badge.com. Cancellation takes effect at the end of the current paid month.

Plan changes. An upgrade takes effect, and is charged, immediately, prorated for the rest of the month. A downgrade takes effect immediately, and any unused amount is credited against your next invoice.

Refunds. We do not refund partial months, except where the law requires. See our Refund & Cancellation Policy, which is part of these Terms.

Ownership and control. As between the Program and BrightBadge, the Program owns and controls the information it and its families enter about children, families, pick-up persons, staff, attendance and forms ("Customer Data").

Our role. We process Customer Data only to provide and support the Service, secure it, and comply with law, on the Program's documented instructions, which these Terms and the Program's use of the Service's settings make up. We act as the Program's service provider or processor. We will not sell or share Customer Data, use it for advertising, or combine it with data from other sources except as needed to provide the Service. We may create aggregated, de-identified statistics that do not identify any Program, child or person.

Confidentiality and personnel. Only personnel who need access to Customer Data to run the Service have it, and they are bound by confidentiality.

Subprocessors. The Program authorizes the subprocessors listed in our Privacy Policy. We will update that list before adding a subprocessor that handles child or family data, and the Program may object by emailing legal@bright-badge.com.

Security and breaches. We maintain the safeguards described in our Privacy Policy. If a security breach affects Customer Data, we will notify the Program without undue delay after confirming it, and will provide the information the Program reasonably needs to meet its own notice obligations.

Requests. We will pass on, and help the Program answer, requests from individuals about Customer Data.

Program responsibilities. The Program is responsible for giving families any notices required by law, obtaining any consents required by law, the accuracy of Customer Data, and deciding how long records must be kept under its licensing rules.

Retention, export and deletion. The Program can export its data at any time while its account is active. Sign-in and sign-out records and signed enrollment and consent forms are kept for the retention period the Program sets in the Service (default 6 years, minimum 5 years), as described in our Privacy Policy, and then deleted. The Program can turn on a legal hold, which pauses all deletion. We notify the Program at least 30 days before deleting its records; a Program that must keep a record longer should lengthen the period, turn on a legal hold or export it before then. When a Program closes a site, the site can be restored for 30 days and after that can no longer be restored; its sign-in and sign-out records and signed forms stay on the same schedule, and its other data is deleted when the Program asks us.

The Service, including its software, design, and content (excluding Customer Data), is owned by BrightBadge and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You may not copy, modify, reverse-engineer, or resell the Service.

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BrightBadge does not warrant that the Service will be uninterrupted, error-free, or secure. BrightBadge is a software tool and is not a substitute for the care, judgment, and supervision responsibilities of your organization and its staff.

We do not offer a service-level agreement or uptime guarantee unless one is included in a separate written agreement signed by BrightBadge.

To the maximum extent permitted by law, BrightBadge and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising out of or related to your use of the Service. Our total liability for any claim arising out of these Terms or the Service will not exceed the amount you paid to BrightBadge for the Service in the twelve months preceding the claim.

Nothing in these Terms limits liability that cannot be limited under applicable law, such as liability for gross negligence or willful misconduct where the law does not allow it to be limited. If you are an End User who pays us nothing, our total liability to you will not exceed $100.

The Program agrees to indemnify and hold harmless BrightBadge from claims, damages, and expenses (including reasonable legal fees) arising out of its Customer Data, its use of the Service, or its violation of these Terms or of any law or third-party right.

You may cancel your subscription at any time as described in the Refund & Cancellation Policy. We may suspend or terminate access if you breach these Terms, fail to pay, or use the Service in a way that risks harm to others or to the Service.

Upon termination, your right to use the Service ends. Customer Data is handled as described in Section 8 (Customer Data and Data Processing) and our Privacy Policy. Individual End Users may delete their own accounts at any time. Records that a Program is required to keep are retained as described in the Privacy Policy.

We may give you notices through the Service or by email to the address on your account. Legal notices to BrightBadge must be sent to legal@bright-badge.com, and by mail or courier to RNA Executive Solutions LLC, Attn: Legal, 1883 West Royal Hunte Drive, Cedar City, UT 84720.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Before filing any claim, the parties will try for 30 days to resolve the dispute informally, after written notice sent under Section 14 (Notices).

Programs: any dispute between a Program and BrightBadge arising out of these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator. Hearings will be held by video unless the arbitrator decides otherwise, and any in-person hearing will be held in New York County, New York. Either party may bring an individual claim in small-claims court, or seek emergency injunctive relief in court to protect intellectual property or confidential information. Claims will be brought only on an individual basis, not as a class or representative action.

End Users (individuals): disputes will be resolved in the state or federal courts located in New York County, New York, or in the small-claims court where you live.

Nothing in these Terms takes away rights you have under the consumer-protection laws of the state where you live.

We may update these Terms from time to time. If we make material changes we will provide notice through the Service or by email. Material changes take effect no sooner than 30 days after notice, except changes required by law or for security. Changes to fees apply from your next billing month after notice. Your continued use after the changes take effect constitutes acceptance of the updated Terms.

RNA Executive Solutions LLC (BrightBadge), 1883 West Royal Hunte Drive, Cedar City, UT 84720 · legal@bright-badge.com · privacy@bright-badge.com · billing@bright-badge.com.