Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Abacus Tech Design, LLC ("Company," "we," "our," or "us") governing your access to and use of Daycampr (the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

We may update these Terms from time to time. Your continued use of the Service after any changes constitutes acceptance of the updated Terms.

2. Eligibility

To use the Service, you must:

• Be at least 18 years old or the age of legal majority in your jurisdiction
• Have the legal authority to enter into these Terms
• If registering as a camp operator, have the authority to bind your organization to these Terms
• If registering children for camp programs, be the parent or legal guardian of such children

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Description of Service

Daycampr is a day camp management platform that enables camp operators to manage their programs and allows parents/guardians to register children for camp programs, make payments, and communicate with camp operators.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to provide advance notice of significant changes that may affect your use of the Service.

4. User Accounts

To access certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access to your account
• Not share your account credentials with any third party

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe to be fraudulent.

5. Payment Terms

5.1 Payment Processing

All payments are processed securely through Stripe. By providing payment information, you authorize us and/or camp operators to charge the applicable fees for registrations and services.

5.2 Fees and Taxes

All fees are displayed at checkout before payment is processed. You are responsible for any applicable taxes associated with your use of the Service, unless stated otherwise.

5.3 Refunds

Refund policies for camp registrations are determined by individual camp operators and communicated during the registration process. Daycampr facilitates refunds as directed by camp operators but does not independently determine refund eligibility.

5.4 Billing Disputes

If you believe there is an error on your bill, you must contact us at support@daycampr.com within 30 days of the charge. We will investigate and respond to billing disputes promptly.

5.5 Chargebacks

If you file a chargeback with your bank or credit card company, we may suspend your account pending resolution. Fraudulent chargebacks may result in permanent account termination and collection efforts for amounts owed.

5.6 Failed Payments

If a scheduled payment fails, we will attempt to notify you and retry the payment. If payment is not received within 3 days, access to certain services may be suspended until payment is made.

6. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access.

• The Service may be temporarily unavailable for maintenance, updates, or due to circumstances beyond our control
• We will make reasonable efforts to provide advance notice of scheduled maintenance
• We are not liable for any loss or damage resulting from service interruptions or data loss

You are responsible for maintaining your own backups of any data you submit to the Service.

7. User Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Service, other accounts, or systems
• Interfere with or disrupt the Service, servers, or networks
• Upload or transmit viruses, malware, or other malicious code
• Impersonate any person or entity or misrepresent your affiliation
• Scrape, crawl, or use automated means to access the Service without permission
• Use the Service to send spam or unsolicited communications
• Violate the rights of others, including intellectual property rights

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its design, features, content, and underlying technology, is owned by Abacus Tech Design, LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without our express written permission.

8.2 Your Content

You retain ownership of all data and content you submit to the Service. By submitting content, you grant us a limited license to use, store, and display such content as necessary to provide the Service.

8.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without compensation or attribution. You waive any claims related to our use of such feedback.

9. Third-Party Services

The Service integrates with and relies upon third-party services, including but not limited to Stripe for payment processing, AWS for infrastructure, and other service providers.

• Your use of third-party services is subject to their respective terms and policies
• We are not responsible for the availability, accuracy, or content of third-party services
• We are not liable for any loss or damage resulting from third-party service failures

10. Indemnification

You agree to indemnify, defend, and hold harmless Abacus Tech Design, LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights
• Any content or data you submit to the Service

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure; that defects will be corrected; or that the Service or servers are free of viruses or other harmful components.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABACUS TECH DESIGN, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability for all claims arising from or related to these Terms or the Service shall not exceed the greater of (a) the amounts you paid to us in the twelve months preceding the claim, or (b) one hundred dollars ($100).

Exceptions: These limitations do not apply to: (i) your indemnification obligations; (ii) your violation of our intellectual property rights; or (iii) liability arising from gross negligence or willful misconduct.

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at support@daycampr.com. Upon termination, you will have 30 days to export your data.

13.2 Termination by Us

We may suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or any other reason at our discretion. We will make reasonable efforts to provide notice before termination, except in cases of serious violations.

13.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• You will have 30 days to request export of your data (the "Export Window")
• After the Export Window, your active access to data is removed, but data deletion follows the retention schedule in our Privacy Policy (e.g., payment records are retained for 7 years per legal requirements)
• You may request earlier deletion of certain data by contacting support@daycampr.com, subject to our legal retention obligations
• Any outstanding fees owed will remain due

13.4 Survival

Sections relating to Intellectual Property, Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution, and Governing Law shall survive termination.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at support@daycampr.com and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising from these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

• Arbitration will take place in Rock County, Wisconsin, or may be conducted remotely
• The arbitrator's decision will be final and binding
• Judgment on the arbitration award may be entered in any court of competent jurisdiction

14.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.4 Jury Trial Waiver

YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING FROM THESE TERMS OR THE SERVICE.

14.5 Exceptions

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights. Claims within the jurisdiction of small claims court may be brought in small claims court instead of arbitration.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Rock County, Wisconsin.

16. Changes to Terms

We may modify these Terms at any time. For material changes:

• We will provide at least 30 days' advance notice via email and/or notification in the Service
• The updated Terms will indicate the effective date
• Your continued use of the Service after the effective date constitutes acceptance
• If you do not agree to the updated Terms, you must stop using the Service

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Abacus Tech Design, LLC regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

18. Contact Us

If you have questions about these Terms of Service, please contact us: