Terms of Service

These Terms of Service (Terms) govern your access to and use of the NestCount website, dashboard, widgets, analytics, setup services, and related services (collectively, the Services).

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Who We Are

NestCount (NestCount, we, us, or our) is operated by Cassidy Shaver, doing business as NestCount. NestCount provides software tools that help childcare providers display current availability, manage program information, and measure widget engagement.

2. Eligibility and Authority

You may use the Services only if:

• you are at least 18 years old, and
• you have the authority to enter into these Terms on behalf of yourself or the business or organization using the Services.

3. Your Account

You are responsible for:

• providing accurate account information
• maintaining the confidentiality of your login credentials
• all activity that occurs under your account
• promptly notifying us of unauthorized use or security issues

We may suspend or terminate access if we believe your account is being used unlawfully, fraudulently, or in violation of these Terms.

4. Services

NestCount may offer:

• a hosted dashboard
• one or more website widgets
• analytics related to widget usage
• subscription plans
• optional full-service setup or implementation assistance
• onboarding communications and support

We may modify, improve, or discontinue parts of the Services from time to time.

5. Customer Content

You retain ownership of the information, text, images, and other content you submit to the Services (Customer Content).

You grant NestCount a non-exclusive, worldwide, royalty-free license to host, use, copy, process, display, and transmit Customer Content solely as needed to provide and improve the Services.

You represent and warrant that:

• you own or have the rights necessary to use Customer Content
• your Customer Content does not violate law or third-party rights
• your published content is accurate to the best of your knowledge

6. Acceptable Use

You agree not to:

• use the Services for unlawful, deceptive, or fraudulent purposes
• interfere with or disrupt the Services
• attempt to gain unauthorized access to systems or data
• upload malware or harmful code
• scrape, reverse engineer, or exploit the Services except as allowed by law
• use the Services to infringe privacy, intellectual property, or other rights

We may suspend or terminate access for violations.

7. Fees, Billing, and Renewals

Certain Services require payment. By purchasing a paid plan, you agree to pay all applicable fees shown at checkout or on your plan page.

Subscription plans may renew monthly or annually, depending on the plan selected. Billing is processed by third-party payment providers, including Stripe. Prices are listed in U.S. dollars unless clearly stated otherwise.

By purchasing a paid plan, you authorize us and our payment processor to charge your selected payment method for all applicable fees, taxes, and renewals.

8. Free Trials

If we offer a free trial, the trial terms shown at signup apply.

Unless otherwise stated:

• a trial applies only to eligible new customers
• access may end automatically at the end of the trial period
• if a payment method is collected and the offer says the subscription converts automatically, you will be charged unless you cancel before renewal

9. Setup Services

If you purchase or receive setup services, including any promotional free full-service setup offer:

• setup includes only the services explicitly described at the time of purchase or offer
• you are responsible for timely providing required access, content, approvals, and information
• setup timelines may depend on your responsiveness and third-party platform limitations
• we are not responsible for delays caused by missing information, third-party website limitations, or external systems

If setup is included as part of a promotion, the value of that promotional service is not redeemable for cash.

10. Cancellation

You may cancel your subscription at any time through your billing portal, account settings, or by contacting help@nestcount.com.

Unless otherwise required by law or stated in writing:

• cancellation stops future renewals
• already-paid fees are not prorated
• service remains available through the end of the current billing period unless otherwise stated
• one-time setup fees are non-refundable once setup work has begun

11. Refunds

Unless required by law or expressly stated otherwise:

• subscription payments are non-refundable
• setup fees are non-refundable once work has started
• promotional or discounted offers are non-refundable except where required by law

If you believe you were charged in error, contact help@nestcount.com.

12. Availability and Disclaimer

We aim to provide reliable Services, but we do not guarantee uninterrupted or error-free operation.

The Services are provided as is and as available without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and availability.

We do not guarantee:

• continuous uptime
• perfect accuracy of analytics
• compatibility with every website platform, builder, theme, or third-party system
• that your use of the Services will produce any specific business result

13. Limitation of Liability

To the maximum extent permitted by law, NestCount and its owner, contractors, affiliates, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, data, or business opportunities.

To the maximum extent permitted by law, our total liability for any claim arising out of or related to the Services will not exceed the amount you paid us for the Services in the 12 months before the event giving rise to the claim.

14. Indemnification

You agree to defend, indemnify, and hold harmless NestCount and its affiliates, owner, contractors, and service providers from and against claims, liabilities, damages, losses, and expenses arising out of:

• your use of the Services
• your Customer Content
• your violation of these Terms
• your violation of applicable law or third-party rights

15. Intellectual Property

NestCount and its related branding, software, design, content, and materials are owned by us or our licensors and are protected by intellectual property laws.

Except as expressly allowed, these Terms do not grant you any ownership rights in our Services or intellectual property.

16. Termination

We may suspend or terminate your access to the Services at any time if:

• you violate these Terms
• you fail to pay applicable fees
• your use creates risk, harm, or legal exposure
• required by law

Upon termination, your right to use the Services ends immediately, but provisions that by their nature should survive will survive.

17. Governing Law

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

Any dispute arising from these Terms or the Services shall be resolved in the state or federal courts located in Texas, and you consent to their jurisdiction and venue.

18. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted with a revised Last Updated date. Continued use of the Services after the effective date of revised Terms means you accept them.

19. Contact

If you have questions about these Terms, contact:

NestCount
Operated by Cassidy Shaver
Email: help@nestcount.com
Website: https://nestcount.com
Mailing Address: 2120 Tryon Road, Apt. T8, Longview, Texas 75601