Capricent

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Terms of Service

Last updated

In plain English

These Terms are the contract between Capricent and childcare centers using our software. We provide the platform; you run the daycare, get parent consent for texts, and stay responsible for licensing and family relationships.

Parents using a center's site or /parents portal are dealing with that center — Capricent is the technology underneath. See also our Privacy Policy and Cookie Notice.

  • B2B software

    Capricent provides the platform; you run the daycare.

  • Consent required

    Centers must get valid SMS consent and honor STOP.

  • Parents

    Parent portal users deal with their center, not Capricent HR.

These Terms of Service ("Terms") are an agreement between you ("Customer," "you") and Capricent ("Capricent," "we," "us") for use of the Capricent software platform, websites, APIs, and related services (the "Service").

By creating an account, accessing the director portal, or otherwise using the Service, you agree to these Terms and our Privacy Policy. If you accept on behalf of a childcare business, you represent that you have authority to bind that business.

Parents and guardians: when you use a center's Capricent-powered website or parent portal, you are interacting with that center. The center's own policies also apply. Capricent provides technology; the center remains responsible for childcare services, licensing, and its relationship with your family.

1. The Service

Capricent provides tools that may include, depending on your plan:

  • Hosted or managed public websites and CMS for childcare centers.
  • Enrollment / lead capture, tour scheduling, and CRM workflows.
  • SMS and email messaging infrastructure (transactional and center-initiated family communications).
  • Family communications features (per-child roster, holiday calendar, instant closure alerts, progress notes, parent feedback, templates).
  • Parent portal access under the center's domain (magic link plus child last name and reference code verification).
  • Optional Stripe Connect payment collection for registration fees or deposits.
  • Reputation / review assistance and Google Business Profile connection where enabled.
  • Domain DNS automation, TLS provisioning, and Capricent-managed business-email mailbox setup.
  • Support ticketing between your center and Capricent operations.

Capricent is a software and managed-operations platform. We are not a childcare provider, licensing authority, payroll system, or law firm. We do not supervise children or guarantee enrollment outcomes, fill rates, or carrier delivery of every message.

2. Accounts and eligibility

  • You must provide accurate center and user information and keep it updated.
  • You are responsible for safeguarding login credentials and for activity under your accounts (including staff you authorize).
  • The Service is intended for legitimate childcare businesses and their authorized adults. You may not allow children under 13 to create Capricent staff accounts or to use the parent portal as the authenticated user.
  • We may refuse, suspend, or terminate access for fraud, abuse, unpaid fees, legal risk, or Terms violations.

3. Customer responsibilities

You agree that you will:

  • Maintain all licenses, insurance, and regulatory compliance required to operate your childcare business.
  • Ensure public website content, pricing, hours, and policies are accurate and lawful.
  • Obtain and document valid consent before sending SMS (and any other marketing communications) to parents, and honor STOP/HELP and similar opt-out requests.
  • Use messaging for legitimate center communications; do not use Capricent for spam, harassment, phishing, or unlawful content.
  • Provide parents any privacy notices required for data you collect through Capricent-powered forms or portals.
  • Keep enrolled-child reference codes reasonably confidential and rotate them if compromised.
  • Comply with Stripe's terms when using payments, and with Google, Twilio, SendGrid, registrar, and email-provider terms where those integrations are used.
  • Not upload malware, attempt to break multi-tenant isolation, or reverse engineer the Service except as allowed by law.

4. Customer Content and licenses

"Customer Content" means data and materials you or your parents submit to the Service (leads, roster, messages, CMS content, feedback, etc.). You retain ownership of Customer Content. You grant Capricent a worldwide, non-exclusive license to host, process, transmit, display, and create operational copies of Customer Content solely to provide and secure the Service, prevent abuse, and comply with law.

You represent that you have the rights and consents needed to submit Customer Content (including children's information provided by parents or staff) and that it does not infringe others' rights.

5. Parent portal and communications

  • Parent access is scoped per child using a magic link under the center's domain path /parents, plus verification with child last name and reference number.
  • You are responsible for issuing reference codes and for the accuracy of parent contact details and consent flags.
  • Instant alerts and calendar reminders are tools you configure; you are responsible for the timing and content of notices to families.
  • Message delivery depends on carriers, devices, and third-party providers; Capricent does not warrant 100% delivery or read rates.

6. Domains, hosting, email, and third-party services

  • If Capricent manages hosting or DNS for your domain, you authorize us to configure DNS/TLS records reasonably required to publish your site and related services.
  • Domain registration itself may remain with your registrar; API credentials you provide (or Capricent-held automation credentials) must be kept secure.
  • Managed business-email setup does not make Capricent the operator of your mailbox contents; you must accept that provider's terms and complete any verification they require.
  • Third-party services (Stripe, Google, Twilio, SendGrid, Migadu, AI vendors, registrars) are governed by their own terms. Capricent is not responsible for outages or policy changes of those providers.

7. Fees, plans, and quotas

  • Paid plans (such as Capricent Core) are billed according to the pricing presented at signup or in your order form. Fees are generally non-refundable except where required by law or expressly stated in writing.
  • Each plan includes monthly quotas for metered usage (such as SMS, email, leads, and tours). Those quotas are hard caps: when a quota is reached, further use of that feature is blocked until the next billing period, you upgrade to a higher plan, or Capricent agrees otherwise in writing. Capricent does not automatically charge overage fees for usage beyond included quotas.
  • You authorize Capricent (and its payment processor) to charge applicable fees. Late or failed payment may result in suspension.
  • Taxes are your responsibility where applicable.

8. Acceptable use

You may not:

  • Send unsolicited commercial SMS/email, or message numbers without required consent.
  • Use the Service for illegal activity, discrimination prohibited by law, or content that exploits minors.
  • Interfere with other tenants, scrape the Service abusively, or circumvent security or billing.
  • Impersonate Capricent or misrepresent your relationship with us.

We may investigate violations and cooperate with carriers and law enforcement. Serious or repeated violations may lead to immediate suspension.

9. Intellectual property

Capricent and its licensors own the Service, software, brand, templates, and documentation. Except for the limited right to use the Service under these Terms, no IP rights are transferred. Feedback you provide may be used by Capricent without obligation to you.

10. Confidentiality

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect it and use it only for performing under these Terms, except for information that is public, independently developed, or required to be disclosed by law.

11. Privacy and data protection

Our Privacy Policy describes how personal information is handled. For Customer Content, Capricent acts as a service provider / processor and you act as the business / controller, except where Capricent is controller of its own account, billing, and marketing data. A Data Processing Addendum is available on request for centers that need one.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPRICENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT MESSAGES, DNS, TLS, OR THIRD-PARTY INTEGRATIONS WILL ALWAYS SUCCEED.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAPRICENT AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO CAPRICENT FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR ONE HUNDRED U.S. DOLLARS IF YOU HAVE PAID NOTHING). Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the fullest extent permitted.

14. Indemnity

You will defend and indemnify Capricent against claims, damages, and expenses (including reasonable attorneys' fees) arising from your Customer Content, your childcare operations, your messaging practices, your violation of these Terms or law, or disputes between you and parents/guardians or regulators — except to the extent caused by Capricent's willful misconduct.

15. Term and termination

  • These Terms continue while you use the Service. Either party may terminate for convenience according to your plan's cancellation terms, or for material breach if not cured within a reasonable period after notice (immediate suspension allowed for severe abuse).
  • Upon termination, your access ends. We may delete or disable Customer Content after a reasonable wind-down, subject to legal holds and backup cycles. Export assistance may be available as a support request.
  • Sections that by nature should survive (fees owed, IP, disclaimers, liability limits, indemnity, governing law) survive termination.

16. Changes to the Service or Terms

We may improve or modify the Service. We may update these Terms by posting a revised version with a new "Last updated" date. Material changes may also be notified in-product or by email. Continued use after the effective date constitutes acceptance, except where additional consent is required by law.

17. Governing law

These Terms are governed by the laws of the State of Delaware, USA, excluding conflict-of-law rules, unless a different governing law is required for your location. Courts located in the United States will have exclusive jurisdiction, except that Capricent may seek injunctive relief in any venue for IP or abuse issues. (If your business requires a different state of formation for Capricent's entity, we will update this section when entity paperwork is finalized.)

18. Miscellaneous

  • These Terms are the entire agreement regarding the Service and supersede prior verbal or written understandings on the same subject (except a signed order form or DPA that expressly prevails).
  • If a provision is unenforceable, the remainder stays in effect.
  • Failure to enforce a provision is not a waiver.
  • You may not assign these Terms without our consent; we may assign to an affiliate or successor.
  • Notices to Capricent: support@capricent.com. Notices to you: email on your account or in-product notice.

19. Contact

Capricent
support@capricent.com
(844) 987-2328
https://capricent.com

Terms of Service | Capricent