DRAFT — pending review by licensed counsel; not yet legal advice and not yet in effect. This Terms of Service is a working draft prepared for internal review. It is informational only, does not constitute legal advice, and is not a binding agreement until reviewed, completed, and approved by licensed counsel. Items marked “to be confirmed” require business or legal input. Conspicuous legal blocks below are written in sentence case and are made visually prominent through styling (not literal capital letters) so they remain readable by assistive technology.
Terms of Service#
Effective date: Draft — not yet in effect · Last updated: 2026-07-15 (draft)
1. Introduction and Acceptance#
These Terms of Service (the “Terms”) govern your access to and use of the My Little Peas childcare management platform, including the marketing website at www.my-little-peas.com, the application at app.my-little-peas.com, and all related software, features, and services (collectively, the “Service”). The Service is provided by Purple Finch LLC, a Texas limited liability company doing business as “My Little Peas” (“My Little Peas,” “we,” “us,” or “our”).
These Terms form a binding agreement between My Little Peas and the person or organization that registers for or uses the Service (“Customer,” “you,” or “your”). By creating an account, clicking “I agree” (or a similar control), or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Service.
If you are entering into these Terms on behalf of a childcare business, employer, or other organization, you represent and warrant that you have the authority to bind that organization, and “you” and “Customer” refer to that organization.
2. Eligibility, Accounts, and User Acceptance#
You must be at least 18 years old and able to form a legally binding contract to use the Service. The Service is intended for use by childcare businesses and the adults associated with them — including owners, directors, administrators, staff, and the parents and guardians they invite. The Service is not directed to children and is not intended for use by children under 13.
User acceptance. Each individual who accesses the Service — including staff, parents, and guardians invited by a Customer — must accept these Terms (or any applicable separate end-user or guardian terms) through an affirmative acceptance presented at first login. Product note: the in-app acceptance (clickwrap) flow is not yet built; it must be live before these Terms take effect.
To use most features, you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us promptly at security@my-little-peas.com of any unauthorized use or suspected security breach. We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your credentials.
Accounts and roles within the Service are governed by role-based access controls. The account owner is responsible for assigning roles and permissions to its staff and for ensuring that each user accesses only the information appropriate to their role.
3. Description of the Service#
My Little Peas is a software platform that helps childcare programs manage their operations, including: daily activity tracking (such as meals, naps, diapering, medications, incidents, and photos); activity feeds, photo sharing, guardian reactions, and notifications for parents and guardians; subscription billing processed through Stripe; staff management and role-based permissions; room and classroom management with per-room capacity tracking; the enrollment lifecycle; and a guardian portal.
Specific features, capacity limits (such as the number of children, rooms, and staff), and data-retention periods vary by subscription tier and are described on our pricing page and at the point of purchase. Not all features are available on all tiers.
The Service is software only. My Little Peas is not a licensed childcare provider, daycare, preschool, or early-childhood program, and we do not provide childcare, supervision, medical, legal, nutritional, or regulatory services. The features of the Service are record-keeping and operational tools; they are not a substitute for your independent professional judgment or your legal and regulatory obligations. See Section 11 (Childcare-Specific Disclaimers) for important limitations.
We may add, change, or remove features of the Service over time. We will not make material reductions to the core functionality of a paid tier during your then-current billing term without notice as described in Section 17.
4. Subscriptions, Tiers, Fees, and Payment#
The Service is offered under tiered plans: a free tier and paid Standard and Pro tiers billed monthly or annually, plus Enterprise plans offered under a separate agreement. The features, limits, retention periods, and fees for each tier are described on our pricing page and at the point of purchase.
Free tier. Creating an account and using the free tier does not require a payment method. The free tier is not a time-limited trial and is never converted to a paid subscription without your affirmative action: paid features begin only when you explicitly select a paid tier and complete checkout. We may adjust free-tier limits prospectively with notice as described in Section 17.
Custom or multi-site plans may be offered under a separate order form or master subscription agreement. If you and My Little Peas execute such a document, its terms control to the extent they conflict with these Terms for that subscription (see Section 18).
Payments are processed by Stripe, Inc. (“Stripe”). By providing payment information, you authorize us and Stripe to charge the applicable fees, plus any applicable taxes, to your designated payment method. Your use of Stripe is also subject to Stripe’s terms and privacy policy. My Little Peas does not store full payment card numbers; card data is handled by Stripe as the payment processor.
Unless otherwise stated: (a) fees are quoted and charged in U.S. dollars; (b) fees are billed in advance for each billing period; (c) you are responsible for all applicable taxes other than taxes based on our net income; and (d) fees paid are non-refundable except as expressly stated in these Terms or as required by applicable law. If a payment fails, we will attempt to recover the charge and notify you before limiting access to paid features, and we may suspend or limit access after providing notice and a reasonable opportunity to cure.
5. Automatic Renewal and Cancellation#
Automatic renewal. Your paid subscription will automatically renew at the end of each billing period (monthly or annual, as selected) for a successive period of the same length, and your payment method will be charged the then-current fee for the renewal term, unless you cancel before the renewal date. By subscribing, you affirmatively consent to this automatic renewal.
You may cancel your subscription at any time through your account settings or by contacting us at customerservice@my-little-peas.com. Cancellation is designed to be at least as easy as signing up. Cancellation takes effect at the end of your current billing period; you will retain access to your paid tier until then, and you will not be charged for the following period. After cancellation, your subscription ends at the close of the paid period and your account moves to the free tier (or another limited state we describe at the time); full account closure and deletion of Customer Data are a separate action described in Section 15. Except where required by law, we do not provide prorated refunds for the unused portion of a billing period.
We will provide any renewal reminders and pre-renewal notices required by applicable automatic-renewal laws, including the California Automatic Renewal Law and similar laws in other states. The point-of-sale flow presents the auto-renewal terms in visual proximity to the purchase control, captures affirmative consent, provides a post-purchase acknowledgment with cancellation instructions, sends an annual renewal reminder for annual plans, and offers online self-service cancellation.
6. Promotions and Early Access#
Our standard model is the free tier described in Section 4 — it is not a time-limited trial and never converts to a paid subscription automatically. If we ever offer a promotional program for a paid tier (such as a discount or promotional period), we will disclose its terms before you enroll, and it will not begin charging you, or convert to a paid subscription, without your affirmative consent at checkout, subject to the automatic-renewal terms in Section 5.
Early-access or beta features may be incomplete, may change, and are provided “as is” without warranties. We may modify or discontinue promotional and early-access programs at any time.
7. Customer Data, Children’s Data, and Privacy#
“Customer Data” means the data and content you and your authorized users submit to or generate through the Service, including information about your business, staff, enrolled children, and the parents and guardians you invite. As between the parties, you own and are responsible for your Customer Data.
You grant us a limited, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, and maintain the Service, to comply with law, and as permitted by these Terms and our Privacy Policy. We do not sell Customer Data, and we do not use children’s personal information for advertising or any independent commercial purpose. We do not use children’s personal information to develop, train, or improve products or services; any service-improvement analytics rely only on aggregated or de-identified data that does not identify any child or family.
Children’s data. The Service processes personal information about children on your behalf, as your service provider. You are responsible for providing any legally required notices to, and obtaining any legally required consents from, parents and guardians for the collection and use of their children’s information through the Service, including any verifiable parental consent required under the Children’s Online Privacy Protection Act (COPPA); My Little Peas relies on the consents you obtain and processes children’s information only on your documented instructions. The details of this allocation are set out in our Data Processing Addendum (available to customers on request).
Privacy rights. Our collection and use of personal information, and the rights available to individuals — including, where applicable, the rights to access, delete, correct, and obtain a portable copy of personal information, to opt out of any “sale,” “sharing,” or targeted advertising, to limit the use of sensitive personal information, and to appeal a denied request — are described in our Privacy Policy. We honor recognized universal opt-out mechanisms (such as Global Privacy Control) where required. Requests may be submitted as described in the Privacy Policy.
Data processing and security. Where we process personal information on your behalf, the Data Processing Addendum (available to customers on request) applies and is incorporated by reference. We use administrative, technical, and physical safeguards designed to protect Customer Data, including encryption of data in transit and at rest, role-based access controls, and U.S.-based data residency.
Data retention and deletion. We retain Customer Data in accordance with our Privacy Policy and the Data Processing Addendum. Retention periods vary by subscription tier and are described at the point of purchase. Deletion occurs upon explicit request or upon termination as described in Section 15.
8. Acceptable Use#
You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not, and will not permit any user to:
(a) violate any applicable law or regulation, or infringe the rights of others; (b) upload or transmit content that is unlawful, harmful, harassing, or that you do not have the right to submit; (c) collect or process personal information through the Service without the legally required notices and consents; (d) attempt to gain unauthorized access to the Service, other accounts, or our systems, or interfere with or disrupt the integrity or performance of the Service; (e) reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent permitted by law; (f) use the Service to build a competing product, or resell, sublicense, or provide the Service to third parties except your authorized users; (g) introduce malware or use automated means to scrape or overload the Service; or (h) use the Service in any manner that exceeds the scope of access granted to your subscription tier or role.
We may investigate suspected violations and may suspend or terminate access for conduct that we reasonably believe violates these Terms or harms the Service, other users, or any person.
9. Intellectual Property#
The Service, including all software, design, text, graphics, and other content we provide (excluding Customer Data), and all related intellectual property rights, are owned by My Little Peas or its licensors. Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription term.
No rights are granted except as expressly set out in these Terms. The My Little Peas name, logo, and product names are our trademarks; you may not use them without our prior written permission. If you provide feedback or suggestions about the Service, you grant us a perpetual, royalty-free license to use that feedback without restriction or obligation to you.
10. Third-Party Services and Sub-processors#
The Service integrates with third-party services, including Stripe for payment processing, cloud hosting, and transactional email delivery. Your use of those services may be subject to their own terms and privacy policies, and we are not responsible for the acts, omissions, products, or services of third parties. We are not a payment processor; payment functionality is provided by Stripe, and any payment disputes may be subject to Stripe’s processes in addition to ours. A current list of our sub-processors is available on request from privacy@my-little-peas.com.
11. Childcare-Specific Disclaimers#
You acknowledge and agree that:
- My Little Peas is a software platform only and is not a licensed childcare provider, daycare, preschool, or early-childhood program.
- Use of the Service does not satisfy any childcare licensing requirement; licensing and license compliance are solely your responsibility.
- Room-capacity tracking and student and staff counts are informational aids only. The Service does not guarantee or ensure compliance with staff-to-child ratio, supervision, or other regulatory requirements; meeting those requirements remains solely your responsibility.
- The Service does not perform, verify, or satisfy background-check, fingerprinting, or staff-screening requirements; you must independently complete all legally required screenings.
- The Service does not discharge mandatory-reporting obligations; your staff remain personally and legally responsible for reporting suspected abuse or neglect to the proper authorities under applicable law.
- The Service does not provide medical, legal, nutritional, or regulatory advice. Medication, incident, and similar features are record-keeping tools, not clinical or professional guidance, and do not replace professional judgment.
- Records generated in the Service may not, by themselves, satisfy state record-keeping, retention, or inspection requirements; you are responsible for confirming and meeting your own regulatory obligations.
- You are solely responsible for the care, safety, and supervision of children, and for your own regulatory, licensing, health, and safety compliance.
Information provided through the Service or our website is informational only and is not legal advice. You should consult licensed counsel and your state licensing agency regarding your obligations.
12. Disclaimer of Warranties#
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Except as expressly stated in these Terms, the Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, My Little Peas disclaims all implied warranties, including 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 will meet your requirements or achieve any particular result, including any regulatory, licensing, or compliance outcome. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
13. Limitation of Liability#
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To the fullest extent permitted by law, My Little Peas and its officers, directors, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business interruption, arising out of or relating to the Service or these Terms, whether based on contract, tort, or any other theory, even if advised of the possibility of such damages.
Except for liability that cannot be limited under applicable law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (i) one hundred U.S. dollars (US $100) or (ii) the amounts you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim. These limitations are an essential basis of the bargain between us.
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including (a) liability for gross negligence, willful misconduct, or fraud; and (b) liability under the California Consumer Privacy Act’s private right of action for a data breach involving unencrypted or unredacted personal information, which the parties acknowledge may not be waived by contract. The cap in this Section does not apply to your payment obligations or your indemnification obligations under Section 14. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
14. Indemnification#
You agree to defend, indemnify, and hold harmless My Little Peas and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your Customer Data, including any child or family information you upload; (b) your use of the Service in violation of these Terms or applicable law; (c) your failure to obtain any required notices or consents, including parental consent for children’s data; (d) your regulatory, licensing, supervisory, or compliance obligations; or (e) your violation of the rights of any third party. We will provide you with reasonable notice of any claim subject to indemnification and reasonable cooperation at your expense.
15. Term, Suspension, and Termination#
These Terms remain in effect while you have an account or use the Service. You may cancel a paid subscription as described in Section 5; you may close your account entirely by contacting us at customerservice@my-little-peas.com. We may suspend or terminate your access if you materially breach these Terms, fail to pay fees when due, or use the Service in a way that creates risk or legal exposure for us or others, generally after notice and a reasonable opportunity to cure where practicable.
Upon termination or account closure: (a) your right to access the Service ends; (b) for a period of at least 30 days after termination, you may request export of your Customer Data to the extent supported by the Service and your plan, in a commonly used format; and (c) thereafter we will retain or delete Customer Data in accordance with our Privacy Policy, the Data Processing Addendum, and applicable law, including any explicit-deletion request you submit. Sections that by their nature should survive termination — including Sections 4 (as to accrued amounts owed), 7, 9, 11, 12, 13, 14, 16, 17, and 18 — will survive.
16. Dispute Resolution, Governing Law, and Arbitration#
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to the arbitration provision below, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Denton County, Texas.
Arbitration and class-action waiver. (Displayed as a conspicuous, emphasized callout; stored in sentence case for accessibility.) Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court, except that (a) either party may bring an individual claim in small-claims court, and (b) either party may seek injunctive or other equitable relief in court for intellectual-property infringement or unauthorized access to the Service. To the extent permitted by law, each party waives the right to a jury trial and the right to participate in a class action or other representative proceeding.
Arbitration opt-out. You may opt out of this arbitration provision within thirty (30) days of first accepting these Terms by emailing customerservice@my-little-peas.com from your account email with the subject “Arbitration opt-out” and your name and organization; opting out does not affect any other provision of these Terms. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the remainder of this Section remains in effect.
17. Changes to These Terms#
We may update these Terms from time to time. For material changes, we will provide notice through the Service and by email and will require you to affirmatively accept the updated Terms before continued use of paid features; non-material changes take effect on the date stated in the notice. We will update the “Last updated” date below. If you do not agree to the changes, you must stop using the Service and may cancel as described in Section 5. We will not apply material changes retroactively to your detriment for a billing period you have already paid for, except as required by law.
18. General Provisions#
Entire agreement; order of precedence. These Terms, together with the Privacy Policy, the Data Processing Addendum (available to customers on request), and any order or plan details, constitute the entire agreement between you and My Little Peas regarding the Service and supersede prior agreements on this subject. If you and My Little Peas execute a separate written order form, master subscription agreement, or School Agreement, the terms of that document control to the extent they conflict with these Terms for that subscription.
Data processing and student-data terms. Where applicable, children’s-data and any FERPA/state student-data-privacy terms are addressed in the Data Processing Addendum and any separate School Agreement, not in these consumer-facing Terms.
Accessibility. We are committed to making our website and Service accessible. If you encounter a barrier or need an accommodation, see our Accessibility Statement (forthcoming) and contact us as described in Section 19.
Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets upon notice. Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control. Severability. If any provision is held unenforceable, the remaining provisions remain in effect. No waiver. Our failure to enforce any right is not a waiver. Notices. We may provide notices through the Service or to the email associated with your account; legal notices to us should be sent to hello@my-little-peas.com (a registered-office mailing address will be published here before launch). Relationship. The parties are independent contractors; nothing creates a partnership, agency, or joint venture.
19. Contact Us#
If you have questions about these Terms, please contact us:
Purple Finch LLC (d/b/a My Little Peas) — a Texas limited liability company
- Mailing address:
to be published before launch - General and legal inquiries: hello@my-little-peas.com
- Privacy and security inquiries: privacy@my-little-peas.com
- Accessibility: if you encounter a barrier using this site or the Service, or need an accommodation, contact accessibility@my-little-peas.com and we will work to provide the information or function in an accessible way.
Last updated: 2026-07-15 (draft). This document is informational only and is not legal advice.
Questions about this document? Contact us. This page is a working draft and is not yet in effect.