Terms of Service

Last updated: April 8, 2026

These Terms of Service ("Terms") govern your use of the DayLynx platform ("Service"), operated by SHIFT MSP ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Eligibility

The Service is intended for use by licensed childcare centers, preschools, and family enrichment organizations. Individual accounts are created by center administrators or via invitation. You must be at least 18 years old to create an account.

2. Accounts and Security

• You are responsible for maintaining the confidentiality of your login credentials.
• You must not share your account or kiosk PIN with unauthorized individuals.
• You must notify your center administrator immediately if you suspect unauthorized access.
• We recommend enabling two-factor authentication for all staff accounts.

3. Acceptable Use

You agree not to:

• Upload content that is inappropriate, harmful, or unrelated to childcare operations
• Share or distribute children's photos outside of the platform without parental consent
• Attempt to access data belonging to other organizations
• Use the Service to collect data about children for marketing or advertising purposes
• Circumvent security measures, including authentication and access controls
• Use automated tools to scrape, download, or bulk-export data from the platform

4. Children's Data

The Service processes personal information about children under 13 years of age. By using the Service, you acknowledge and agree that:

• Verifiable parental consent must be obtained before uploading or sharing photos of children.
• The center is responsible for obtaining and recording parental media consent.
• The platform enforces consent — photos cannot be tagged with children who have not been granted media consent.
• All data handling complies with our Privacy Policy.

5. Free Trial and Subscription

• New accounts receive a 30-day free trial with full access to all features. No credit card is required to start a trial.
• At the end of the free trial, your account will be suspended unless you subscribe to a paid plan. No charges are made without your explicit consent.
• Paid subscriptions are billed monthly in advance at the rate displayed at the time of purchase.
• Subscriptions automatically renew at the end of each billing cycle unless you cancel at least 30 days before the next renewal date.
• All fees are non-refundable except as required by applicable law. No partial-month refunds are provided.
• We may change our pricing with at least 60 days' written notice. Price changes take effect at your next renewal. You may cancel if you do not accept the new pricing.

6. Cancellation

• You may cancel your subscription at any time by contacting us at billing@daylynx.com or through your account settings.
• Cancellation takes effect at the end of your current billing period. You retain access until then.
• Upon cancellation, you have 30 days to export your data. After 30 days, all data will be permanently deleted.
• We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees, or if your use poses a security risk.

7. Data Ownership

The childcare center retains ownership of all data entered into the platform, including student records, attendance data, photos, and communications. We do not claim ownership of your data. Upon termination, you may request a full export of your data.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. We may perform maintenance with advance notice when possible. We are not liable for service interruptions beyond our reasonable control.

9. Limitation of Liability

To the maximum extent permitted by law, SHIFT MSP shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the fees paid by you in the twelve months preceding the claim.

10. Termination

Either party may terminate the Service agreement with 30 days written notice. Upon termination, we will provide a reasonable period to export your data before deletion. Provisions regarding data protection, limitation of liability, and confidentiality survive termination.

11. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notification at least 30 days before they take effect.

12. Governing Law

These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict of law principles.

13. Contact

SHIFT MSP
Email: legal@shiftmsp.com
Albuquerque, New Mexico