Terms of Service

1. Agreement to Terms

By accessing or using DropInKids (the "Platform"), operated by Virtutools Inc. ("Company," "we," "us," or "our"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

These Terms apply to all visitors, users, childcare providers ("Providers"), and parents or guardians seeking childcare services ("Parents") who access or use the Platform.

2. Description of Service

DropInKids is an online platform that connects childcare providers with parents seeking drop-in childcare services. The Platform enables Providers to list their services and availability, and enables Parents to discover, book, and pay for childcare services.

3. No Verification of Providers

We do not verify, screen, endorse, or guarantee:

• Any Provider's licensing, permits, certifications, or compliance with federal, state, or local childcare regulations
• Any Provider's insurance coverage or bonding
• Any Provider's background, qualifications, training, or experience
• Any Provider's facility safety, cleanliness, or suitability
• The accuracy of any information provided by Providers on the Platform
• The quality of care or services provided by any Provider

Parents are solely responsible for conducting their own due diligence, including but not limited to verifying a Provider's licensing status, conducting background checks, visiting facilities, checking references, and ensuring the Provider meets all applicable legal requirements.

4. Provider Responsibilities

If you are a Provider using the Platform, you represent and warrant that:

• You hold all required licenses, permits, and certifications required by your jurisdiction to operate a childcare facility or provide childcare services
• You maintain adequate insurance coverage for your childcare operations
• You comply with all applicable federal, state, and local laws and regulations
• All information you provide on the Platform is accurate, complete, and current
• You are solely responsible for the care, safety, and supervision of children in your care
• You will maintain safe, clean, and appropriate facilities
• You have the legal right to enter into agreements with Parents

See our Provider Agreement for additional terms that apply to Providers.

5. Parent Responsibilities

If you are a Parent using the Platform, you acknowledge and agree that:

• You are solely responsible for selecting a Provider and verifying their credentials, licensing, and suitability
• You will provide accurate information about your child, including any medical conditions, allergies, or special needs
• You will provide accurate emergency contact information
• You are solely responsible for decisions regarding your child's care
• You assume all risks associated with leaving your child in the care of a Provider

6. Relationship Between Providers and Parents

Any agreement, arrangement, or transaction between a Provider and a Parent is solely between those parties. DropInKids is not a party to any such agreement and has no control over:

• The quality, safety, or legality of childcare services
• The truth or accuracy of Provider listings or Parent information
• The ability of Providers to provide services or Parents to pay for them
• Whether a Provider or Parent will complete a transaction

Any disputes between Providers and Parents must be resolved directly between those parties. DropInKids will not mediate or resolve such disputes.

7. Assumption of Risk

You acknowledge that childcare services involve inherent risks, including but not limited to risk of injury, illness, or other harm to children. BY USING THE PLATFORM, YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH CHILDCARE SERVICES ARRANGED THROUGH THE PLATFORM.

8. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS 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, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR LEGALITY OF ANY PROVIDER'S SERVICES

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DROPINKIDS, VIRTUTOOLS INC., AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• PERSONAL INJURY, ILLNESS, OR DEATH
• PROPERTY DAMAGE OR LOSS
• EMOTIONAL DISTRESS
• LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
• ANY DAMAGES ARISING FROM SERVICES PROVIDED BY PROVIDERS

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless DropInKids, Virtutools Inc., and their officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) any childcare services you provide or receive; or (e) any dispute between you and another user of the Platform.

11. Account Registration

To use certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

12. Payment Terms

Payments for childcare services are processed through our third-party payment processor (Stripe). By making a payment, you agree to the payment processor's terms of service. We are not responsible for any errors, delays, or issues caused by the payment processor.

Refunds and cancellations are subject to each Provider's cancellation policy as displayed on their booking page.

13. Prohibited Conduct

You agree not to:

• Use the Platform for any illegal purpose or in violation of any laws
• Provide false, misleading, or inaccurate information
• Impersonate any person or entity
• Interfere with or disrupt the Platform or servers
• Circumvent any security features of the Platform
• Collect or harvest information about other users
• Use the Platform to send spam or unsolicited communications

14. Termination

We may terminate or suspend your account and access to the Platform at any time, with or without cause, and with or without notice. Upon termination, your right to use the Platform will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Platform shall be resolved exclusively in the state or federal courts located in Los Angeles County, California.

16. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

17. Contact Information

If you have any questions about these Terms, please contact us at:

18. Entire Agreement

These Terms, together with our Privacy Policy and Provider Agreement (if applicable), constitute the entire agreement between you and DropInKids regarding your use of the Platform.