Terms of Service

TOTS Sleep Log is an administrative documentation tool designed to help childcare providers enter, organize, store, review, and export sleep-check records and related facility information. We may add, remove, improve, or change features over time.

The Service is not a monitoring device, medical device, emergency system, staffing system, legal service, licensing agency, or substitute for attentive adult supervision. TOTS does not observe children, perform physical sleep checks, contact emergency services, or determine whether a child is safe.

Information, reminders, templates, summaries, regulation links, and other materials made available through the Service are provided for general informational and organizational purposes only. They are not legal, medical, accounting, insurance, licensing, or professional advice.

Laws, licensing rules, agency practices, and record-retention requirements may change and may differ by location, facility type, child age, and individual circumstances. You should confirm the requirements that apply to your facility with the appropriate licensing agency or a qualified professional.

Use of the Service does not create an attorney-client, consultant-client, licensing, fiduciary, or other professional relationship between you and Dongato Systems, LLC.

The Service is intended for adults acting for themselves or on behalf of a childcare facility or childcare business. You must be at least 18 years old and have authority to agree to these Terms for yourself and, when applicable, your organization.

The Service is not intended for direct use by children. Children may not create accounts or directly submit information through the Service.

You agree to provide accurate account and billing information and to keep that information current. You are responsible for protecting your password, controlling access to your devices, and all activity performed through your account.

You must promptly remove access for staff members who are no longer authorized and notify us if you believe an account has been accessed without permission. We may require reasonable verification before changing account ownership, login credentials, billing access, or other important account information.

You are solely responsible for child supervision, staffing, physical sleep checks, emergency response, record accuracy, and compliance with all laws, licensing rules, facility policies, contracts, and professional obligations that apply to you.

You are responsible for making sure entries are complete, timely, and accurate; ensuring staff use authorized names and signatures; obtaining any required permission to enter information; reviewing records before relying on or submitting them; correcting errors; and downloading or preserving records when required.

You must maintain appropriate devices, internet access, staffing procedures, backup practices, and emergency plans. An app outage, device failure, missed notification, or unavailable record does not excuse a required physical check or other legal duty.

We may design the Service with common childcare documentation practices in mind, but we do not guarantee that the Service, any form, any report, or any particular use of the Service will satisfy a licensing, legal, insurance, contractual, accreditation, or record-retention requirement.

You remain responsible for determining what records are required, how often checks must occur, who may complete them, how long records must be kept, and what must be provided to parents, agencies, insurers, or others.

Information, records, names, signatures, notes, schedules, files, and other materials submitted through the Service are referred to as “Customer Content.” You represent that you have the right and authority to collect, enter, store, and use Customer Content through the Service.

You retain ownership of your Customer Content. You give TOTS a limited, nonexclusive right to host, copy, process, transmit, back up, display, and otherwise use Customer Content only as reasonably necessary to provide, secure, support, maintain, and improve the Service and as described in our Privacy Policy.

Do not enter information the Service is not designed to store, including Social Security numbers, complete payment-card information, government identification numbers, or unnecessary detailed medical records. You are responsible for Customer Content and the consequences of entering, sharing, exporting, printing, or relying on it.

The Service, software, design, branding, graphics, documentation, templates, and other materials provided by TOTS are owned by Dongato Systems, LLC or its licensors and are protected by intellectual-property laws.

We grant you a limited, revocable, nonexclusive, nontransferable right to use the Service for your own authorized childcare business purposes while your account remains in good standing. You may not copy, resell, sublicense, reverse engineer, scrape, reproduce, modify, distribute, publish, or commercially exploit the Service or TOTS materials except as expressly permitted in writing or by law.

You may use reports and records generated from your own Customer Content for your childcare business, licensing, parent communication, and recordkeeping needs.

Paid plans are billed at the price, billing period, and terms displayed when you subscribe. Unless clearly stated otherwise at purchase, a subscription automatically renews at the end of each billing period until it is canceled.

By starting a paid subscription, you authorize our payment processor to charge the payment method on file for recurring fees and applicable taxes. You are responsible for keeping billing and contact information current.

We may change subscription prices or plan features. We will provide any advance notice, renewal notice, price-change notice, or consent opportunity required by applicable law before the change takes effect.

You may cancel a subscription using the account or billing settings made available through the Service. Cancellation stops future renewals. Unless otherwise stated, paid access continues through the end of the current paid billing period.

Deleting the application, removing children from the active list, closing a browser window, or simply not using the Service does not cancel a subscription.

Fees already paid are generally nonrefundable and are not prorated for partial billing periods, reduced enrollment, seasonal closure, or unused time, except when required by law or expressly stated in writing by us.

The Service may provide export or backup tools. You are responsible for downloading records you need and maintaining copies required for legal, licensing, insurance, contractual, or business purposes.

When an account is canceled or closed, access to some or all records may end. We may retain certain information when reasonably necessary for security, billing, fraud prevention, legal obligations, dispute resolution, or the retention practices described in our Privacy Policy.

We may offer a limited recovery period, but we do not promise that closed-account data will remain available or recoverable indefinitely.

You agree to use the Service only for lawful, authorized purposes. You may not enter information you have no right to collect, access another user’s account or records, defeat staff accountability, share credentials in an unsafe manner, upload malicious code, interfere with the Service, bypass security features, probe for vulnerabilities, or use automated tools to scrape or overload the Service.

You may not use the Service to falsify records, impersonate another person, conceal missed checks, misrepresent licensing compliance, commit fraud, violate privacy rights, infringe intellectual property, or cause harm.

The Service may rely on third-party providers for hosting, databases, authentication, payments, email, analytics, support, and other functions. Those providers may have their own terms and privacy policies.

We are not responsible for third-party websites, products, outages, changes, errors, security incidents, or actions outside our reasonable control.

We work to keep the Service available and reliable, but access may be interrupted by maintenance, updates, internet failures, device problems, security events, third-party outages, or other circumstances.

We do not guarantee uninterrupted, error-free, or permanent operation. We may update, add, remove, limit, suspend, or discontinue features when reasonably necessary to maintain, improve, secure, or operate the Service.

We may restrict, suspend, or terminate access if you fail to pay fees, materially violate these Terms, misuse the Service, create legal or security risk, threaten the rights or safety of others, or use the Service in a way that could harm children, users, data, or the Service.

When reasonable, we will provide notice and an opportunity to correct the problem. We may act immediately when necessary to protect safety, security, legal rights, or the integrity of records.

You may stop using the Service at any time, but you must separately cancel any active subscription to stop future billing.

To the fullest extent permitted by law, the Service and all information, features, reports, reminders, and materials are provided “as is” and “as available.” We disclaim warranties of merchantability, fitness for a particular purpose, noninfringement, accuracy, availability, and uninterrupted operation.

We do not guarantee that records will never be delayed, lost, altered, incomplete, unavailable, or affected by user error, device failure, internet failure, or third-party systems. You should review important records and maintain appropriate exports and backups.

Nothing in these Terms excludes warranties or consumer rights that cannot legally be excluded.

To the fullest extent permitted by law, Dongato Systems, LLC and its owners, employees, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; lost profits; lost data; business interruption; licensing consequences; or claims arising from inadequate supervision, missed checks, inaccurate entries, unauthorized account use, device failure, internet failure, or reliance on the Service.

To the fullest extent permitted by law, our total liability for all claims relating to the Service will not exceed the amount you paid to TOTS for the Service during the 12 months before the event giving rise to the claim.

Some jurisdictions do not allow certain warranty exclusions or liability limits, so some of these provisions may not apply to you.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Dongato Systems, LLC and its owners, employees, contractors, and service providers from claims, losses, liabilities, damages, and reasonable costs arising from your misuse of the Service, violation of these Terms, unlawful handling of information, inaccurate or falsified records, infringement of another person’s rights, failure to supervise children, or failure to comply with applicable requirements.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Before filing a lawsuit, you and TOTS agree to make a good-faith effort to resolve the dispute through written notice and informal discussion. Unless applicable law requires otherwise, legal proceedings relating to the Service or these Terms must be brought in a state or federal court located in Orange County, California.

Nothing in this section prevents either party from bringing an eligible matter in small claims court or seeking urgent injunctive relief when legally available.

We may update these Terms as the Service, our business, or applicable requirements change. Updated Terms will be posted with a revised effective date.

When a change is material, we may also provide notice through the Service or by email. Continued use after the effective date means you accept the updated Terms, except when the law requires additional notice or consent.

If any provision of these Terms is found unenforceable, it will be modified or limited to the minimum extent necessary, and the remaining provisions will remain in effect.

Our failure to enforce a provision is not a waiver. You may not transfer your account or assign these Terms without our permission. We may assign these Terms as part of a merger, reorganization, financing, sale, or transfer of the business.

These Terms, the Privacy Policy, and any plan-specific terms shown at purchase form the entire agreement between you and Dongato Systems, LLC regarding the Service.

Questions about these Terms may be sent to:
Dongato Systems, LLC
Email: hello@dongatosystems.com

ACKNOWLEDGMENT

BY CREATING AN ACCOUNT, STARTING A SUBSCRIPTION, CLICKING AN ACCEPTANCE BUTTON, OR USING TOTS SLEEP LOG, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS OF SERVICE.