Effective October 1, 2026 · Version 1.0
Published September 1, 2026. Until October 1, 2026, the version dated August 2026 continues to apply — you can read it under Previous versions below.
These Terms are an agreement between you and ThinkUncommon LLC ("daybell", "we", "us"). They cover your use of the daybell website, apps, kiosk software and related services (together, the "Service").
Please read them. They are written to be readable, and we would rather you understood them than skipped them.
Three groups of people use daybell, and some sections apply only to one group.
Everything outside Sections 6, 7 and 8 applies to everyone.
These Terms apply to you from the moment you accept them, and to your use of the Service on and after that date.
They do not apply backwards. If something happened before you accepted a version of these Terms, that event is governed by the version of these Terms that was in effect at the time, or by no terms at all if none were in effect then. This applies to every version, including this one.
You accept these Terms by checking the box and clicking the button on the screen where they are presented to you. We keep a record of that.
If you are accepting on behalf of a Center, you confirm that you are authorized to do so, and "you" in Sections 6 and 7 means that Center.
Keep your sign-in details and your PIN to yourself. Tell us promptly if you think someone else has access to your account.
You are responsible for what happens under your account, except where it results from something we did wrong.
A Center is responsible for the accounts and PINs it creates for its staff, and for removing them promptly when someone leaves.
daybell helps a Center keep a record. It records who arrived, when they arrived, when they left, and who a Center has recorded as being allowed to collect a child. It sends messages a Center asks it to send.
This section matters more than any other section in these Terms. Please read it even if you skip the rest.
daybell is a record, not a decision. When daybell shows a list of people a Center has recorded as authorized to collect a child, that is a display of what the Center entered. It is not our determination that any person on that list is entitled to collect that child on that day. The Center decides who may collect a child, and the Center verifies in person who is standing in front of it. daybell cannot see the person at the door.
daybell does not verify anyone's identity. We do not check identification, we do not match faces, and we do not confirm that the person entering a PIN is the person that PIN belongs to.
daybell is not an emergency service, and it is not a substitute for one. Do not rely on it to reach anyone urgently. Messages can be delayed, filtered or blocked by phone carriers and email providers, and no messaging system delivers every message.
daybell does not certify that a Center complies with its licensing rules. Childcare licensing requirements differ from state to state, including on whether a handwritten signature is required, what an attendance record must contain, and how long records must be kept. We tell you exactly what daybell records and for how long. Deciding whether that satisfies your regulator is your job, and we recommend you check. Nothing in the Service, our website or our marketing is a representation that using daybell puts a Center in compliance with any law or licensing rule.
daybell can be unavailable. Networks fail, devices fail, and we sometimes take the Service down for maintenance. See Section 6 on keeping a paper fallback.
These are the things only you can do, and they are conditions of using the Service.
a. Collecting children. You decide who may collect a child. You verify identity in person, in the way your state requires. You keep your authorized pickup lists and any custody restrictions current in daybell, and you tell your staff not to treat a daybell screen as authorization to release a child.
b. A paper fallback. You keep a way to record arrivals and departures on paper, and you keep it available at the Center. You use it if daybell is unavailable. We make a printable current roster and blank record sheet available in the Service for this purpose.
c. Accuracy. The information in your account comes from you. You are responsible for it being accurate and current, including children's records, family contact details, pickup lists and custody restrictions.
d. Attendance records. daybell records an arrival or departure when a person acts to record it. We do not create, default, pre-fill or infer attendance entries, and you should not ask us to. If you correct an entry, daybell keeps the original value alongside the correction, permanently, and shows both in your exports.
e. Your authority over the information you give us. You confirm that you are authorized to provide the student and family information in your account to daybell, and to have daybell process it to provide the Service, and that you have given parents and guardians the notices your enrollment agreements and applicable law require. You will keep that true for as long as you use the Service.
f. Your staff. You are authorized to let your staff use your account, these Terms govern all use of your account including by your staff, and you will make your staff aware of them.
g. Messages you send through daybell. You are the sender of messages your Center sends. You confirm that:
We may suspend your Center's messaging if we reasonably believe it does not meet these requirements. We will tell you why, and we will restore it as soon as the problem is fixed. We do this because non-compliant traffic from one Center can cause our messaging provider to restrict messaging for every Center on daybell.
h. Public funding. If you use daybell's records to support a claim under a publicly funded program, tell us, so we can set your account's retention accordingly. You remain responsible for the accuracy of any claim you make.
You control the information about children and families in your account. We process it on your instructions, to provide the Service, and for no other purpose.
Our obligations as your service provider are set out in the Data Processing Addendum at daybell.app/dpa. It forms part of these Terms and applies to every Center automatically. If your organization needs a separately signed copy, ask us and we will provide one. It will say the same thing.
If we ever disagree, the Data Processing Addendum wins over these Terms on anything to do with how we handle information about children and families.
Your relationship is with your child's Center. The Center decides what information about you and your child goes into daybell, who at the Center can see it, and how long it is kept, within the limits we describe in our Privacy Policy.
To change or delete information about you or your child, ask your Center first. They can do it directly. If they cannot help, contact us at hello@daybell.app and we will help, working with your Center.
To stop receiving messages, reply STOP to any text, use the unsubscribe link in any email, change your settings in the app, or simply tell your Center. Any of those works. We will act on it within ten business days and usually much faster. If you ask us to stop one kind of message and we are not sure which, we will ask, and if you do not answer we will stop all of them.
Please do not rely on daybell to collect your child. Your Center decides who may collect a child and verifies identity in person. If your arrangements change, tell your Center directly. Do not assume a change you make in the app is enough.
We maintain safeguards designed to protect the information we hold, and we keep a documented incident response process. No system can be guaranteed secure, and we do not claim ours is.
If we determine that information we hold on behalf of a Center has been subject to unauthorized access or acquisition, we will notify that Center without unreasonable delay and cooperate with them in their assessment and response. Specific timeframes are in the Data Processing Addendum.
Because a Center controls the information it holds about children and families, the Center is generally the party responsible for notifying parents and regulators. Where the law requires us to notify individuals or regulators directly, we will.
daybell is priced per center, as shown at signup and on your billing page: the core service is $5 per month; daybell Intelligence, which adds AI assistance for your staff, is $15 per month; and an optional unlimited parent-texting add-on is $40 per month. Your first 30 days are free, and no card is required to start. Fees are billed monthly in advance through our payment provider, and you can cancel at any time from your billing page, effective at the end of the period you have paid for.
Fees are stated exclusive of tax unless we say otherwise. If a payment fails, we will tell you before we suspend anything, and we will not withhold your records over a billing dispute. See Section 11.
You can stop using daybell at any time. A Center can close its account at any time.
Your records stay available to you. For at least sixty days after a Center's account ends, for any reason, the Center can export its complete records at no charge, in a documented format that includes a printable attendance record. We will not withhold, delay or condition that export on payment of any amount you owe us, or on anything else.
After that sixty day window, we delete or return Center data as set out in the Data Processing Addendum and our published retention schedule.
We may end this agreement with a Center on thirty days' notice, or immediately if required by law. If we end it for any reason other than your serious breach, we will refund fees you have paid for time you have not used.
We may suspend access to part or all of the Service if we reasonably believe it is necessary to protect children, other customers, the Service, or us, or to comply with the law, or in the messaging circumstances in Section 6(g).
We will tell you why, we will keep the suspension as narrow and as short as we can, and we will not use suspension as a substitute for the notice period in Section 11. Suspension never removes your right to export your records under Section 11.
We promise that we will provide the Service with reasonable care and skill, and that we will not materially reduce its core functionality during a paid term without telling you.
EXCEPT AS STATED IN THIS SECTION, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT IT SATISFIES ANY LICENSING, REGULATORY OR FUNDING REQUIREMENT THAT APPLIES TO YOU.
Some states do not allow the exclusion of implied warranties. If you are in one of those states, that part of this section may not apply to you.
This section limits what we pay if something goes wrong. Please read it, because it is one of the most important parts of this agreement. Section 14(d) lists what these limits do not cover.
a. Types of loss we are not responsible for. Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue or lost goodwill, even if told they were possible.
b. Our general limit. For everything else, our total liability arising out of or relating to the Service is limited to the greater of the fees you paid us in the twelve months before the event giving rise to the claim, or one thousand US dollars.
c. Our limit for a data security failure. For claims arising from a breach of our security obligations or of the Data Processing Addendum, our total liability is limited to the greater of three times the fees you paid us in the twelve months before the incident, or twenty-five thousand US dollars. This limit sits in place of the limit in Section 14(b), not on top of it.
d. What these limits do not cover. Nothing in this Section 14 limits or excludes liability for:
e. Nothing here limits a child's rights. Nothing in these Terms waives, releases or limits any claim belonging to a child, and no parent or guardian gives up any claim on a child's behalf by accepting these Terms. A parent accepting these Terms is accepting them for themselves and for their own use of the Service.
f. If a limit fails. If a court decides any part of this Section 14 is unenforceable, the rest of it still applies, and the unenforceable part is reduced to the minimum extent necessary rather than removed.
A Center will indemnify us against third party claims arising from: its decisions about who may collect a child and its verification of identity; the accuracy of the information it enters; its failure to obtain or honor consent for messages; and its breach of Section 6.
We will indemnify a Center against third party claims that the Service, used as we intend, infringes a US patent, copyright or trademark, and against regulatory claims arising from our own breach of the Data Processing Addendum.
In each case the party seeking indemnity must tell the other promptly, let them control the defense, and cooperate. Neither party settles a claim in a way that admits fault by the other, or requires the other to pay anything, without their consent.
We may update these Terms. Here is how, and it is a commitment, not a formality.
We keep a written rule describing which changes are material. It is available on request, and we apply it consistently.
Talk to us first. If you have a problem, email hello@daybell.app with a description of it and what you would like us to do. We will do the same if we have a problem with you. Both of us agree to try to sort it out informally for thirty days before starting anything formal. Most things end here.
If that does not work, either of us can take the matter to court.
There is no arbitration clause in these Terms, and no class action waiver. We have decided not to ask you to give up your right to go to court or to join with others. If we ever change our minds about that, it would be a material change under Section 16, and we would have to ask you to accept it.
Governing law. These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. Any court proceeding will be brought in the state or federal courts located in Lake County, Florida, and both parties consent to that jurisdiction. Nothing in this paragraph takes away any right you have under the consumer protection laws of the place where you live.
Assignment. You may not transfer this agreement without our written consent, which we will not unreasonably withhold. We may transfer it to a successor in connection with a merger, acquisition or sale of substantially all our assets, on notice to you. Any successor is bound by the Data Processing Addendum and by our published retention schedule.
Whole agreement. These Terms, the Privacy Policy and the Data Processing Addendum are the whole agreement between us about the Service, and replace anything said or written before.
Severability. If any part of these Terms is unenforceable, the rest continues to apply.
No waiver. If we do not enforce something straight away, we have not given up the right to enforce it later.
No third party rights. Except as stated in Section 14(e), these Terms do not give rights to anyone who is not a party to them.
Notices. We will send notices to the email address on your account, and post material ones in the Service. Send notices to us at hello@daybell.app, and for anything formal, also to 21229 Noric Cove, Mount Dora, FL 32757, USA.
Events outside our control. Neither party is liable for a failure caused by something genuinely outside its reasonable control. This does not excuse a failure to pay, and it does not excuse our obligations in Section 11 to make your records available to you.
Feedback. If you send us ideas for improving daybell, we may use them without owing you anything. This does not give us any right to your data.
ThinkUncommon LLC 21229 Noric Cove, Mount Dora, FL 32757, USA General: hello@daybell.app Privacy: hello@daybell.app Legal: hello@daybell.app
*Previous versions of these Terms are archived and available on request.*