Terms of Service
Last updated: January 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Childcare Forms, a sole trader business operating in Australia ("we", "us", or "our"). By accessing or using our form management platform ("Service"), you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Service.
2. Description of Service
Childcare Forms provides a software-as-a-service platform that enables childcare services and other organisations to:
- Create and customise digital forms
- Distribute forms to families and staff
- Collect and store form submissions
- Receive email notifications of form submissions
3. Account Registration
To use our Service, you must register for an account. You agree to:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Notify us immediately of any unauthorised access
- Accept responsibility for all activities under your account
4. Subscription and Payment
4.1 Subscription Plans
We offer various subscription plans with different features and limits. The specific features and pricing of each plan are described on our website and may be updated from time to time.
4.2 Payment Terms
Paid subscriptions are billed in advance on a monthly or annual basis. All payments are processed securely through Stripe. You authorise us to charge your payment method for all applicable fees.
4.3 Cancellation
You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period. Refunds are provided at our discretion.
5. User Responsibilities
You are solely responsible for:
- The content of forms you create using our Service
- Obtaining appropriate consent from individuals whose data you collect
- Complying with all applicable privacy laws and regulations, including the Australian Privacy Act 1988
- Ensuring form data is collected and used lawfully and ethically
- Managing access to your account and form data
- Maintaining backups of your important data
You must not use our Service to collect, store, or transmit any data that violates applicable laws or infringes on the rights of others.
6. Data and Security
6.1 Data Processing
We process and store data on your behalf as a data processor. You remain the data controller and are responsible for determining the purposes and means of data processing.
6.2 Security Measures
We implement reasonable security measures to protect data stored on our platform, including encryption, access controls, and secure infrastructure. However, you acknowledge that:
- No system is completely secure
- We cannot guarantee the security of data transmitted to or from our Service
- You are responsible for securing your own systems and credentials
6.3 Email Delivery
Form submission notifications are sent via email to addresses you specify. You acknowledge that:
- Email delivery depends on third-party services and is not guaranteed
- Emails may be delayed, filtered as spam, or fail to deliver
- Email is not a fully secure communication method
- You should not rely solely on email notifications for critical data
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- No Liability for Data Loss: We shall not be liable for any loss, corruption, or destruction of your data or form submissions, regardless of cause. This includes but is not limited to data loss due to system failures, security breaches, human error, or service interruptions.
- No Liability for Security Breaches: While we implement reasonable security measures, we shall not be liable for any unauthorised access to, disclosure of, or theft of data stored on our platform, except where such breach results directly from our gross negligence or wilful misconduct.
- No Consequential Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or reputation, arising out of or related to your use of the Service.
- Maximum Liability: Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such cases, our liability shall be limited to the maximum extent permitted by applicable law.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability and fitness for a particular purpose
- Warranties of non-infringement
- Warranties that the Service will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy or reliability of any information obtained through the Service
9. Indemnification
You agree to indemnify, defend, and hold harmless Childcare Forms and its owner, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Service
- Your violation of these Terms
- Your violation of any applicable laws or regulations
- The content of forms you create or data you collect
- Your infringement of any third-party rights, including privacy rights
- Any claims by individuals whose data you collect through our Service
10. Intellectual Property
The Service, including its design, features, and underlying technology, is owned by Childcare Forms and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to use the Service in accordance with these Terms.
You retain ownership of the content and data you create or upload to the Service. You grant us a licence to use this content solely to provide the Service to you.
11. Termination
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to:
- Violation of these Terms
- Non-payment of fees
- Fraudulent or illegal activity
- Actions that harm other users or our Service
Upon termination, your right to use the Service ceases immediately. We may delete your data in accordance with our data retention policies.
12. Service Availability
We strive to maintain high availability of our Service, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
13. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of the Service after changes constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.
14. Governing Law
These Terms are governed by and construed in accordance with the laws of Australia. Any disputes arising from or related to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Australia.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Childcare Forms regarding the Service and supersede any prior agreements or understandings.
17. Contact Us
If you have questions about these Terms of Service, please contact us at:
Email: support@childcareforms.app