Version 2 · effective October 20, 2026 · Español

Terms of Service

Effective date: October 20, 2026

These Terms of Service (the "Terms") are a binding agreement between ACED | Advanced Concepts in Educational Design LLC ("ACED," "we," "us," or "our") and the child care business that signs up for Incident Ally (the "Customer" or "you"). They govern your use of the Incident Ally website, web application and related services (the "Service").

Please read these Terms carefully. Section 18 requires most disputes to be resolved by individual binding arbitration and waives class actions and jury trials. Sections 14 and 15 limit our liability.

1. Accepting these Terms

1.1. By creating an account, clicking to accept, or using the Service, you agree to these Terms, our Privacy Policy, our Disclaimers, our Acceptable Use Policy and our Data Processing Terms, which are part of these Terms.

1.2. The person accepting these Terms states that they are at least 18 years old and have the authority to bind the Customer. If you do not have that authority, or do not agree, do not use the Service.

1.3. The Service is offered only to businesses (such as licensed child care centers and family child care homes) and their staff. It is not offered to consumers for personal, family or household use, and it is not directed to children.

2. What the Service is, and what it is not

2.1. A documentation tool. Incident Ally helps your staff describe an incident by voice or text, fills out the official North Carolina Division of Child Development and Early Education ("DCDEE") Incident Report form and related forms, collects signatures, sends copies by email, and keeps an incident log.

2.2. Not affiliated with the State. ACED and Incident Ally are not affiliated with, endorsed by, or acting on behalf of the North Carolina Department of Health and Human Services, DCDEE, any licensing consultant, or any other government agency. The official forms are public documents of the State of North Carolina.

2.3. You remain responsible for compliance. You are solely responsible for: (a) complying with all laws, rules and licensing requirements that apply to you, including North Carolina child care rules; (b) the accuracy and completeness of every report; (c) reviewing every report before it is signed or sent; (d) notifying parents, guardians, licensing consultants, DCDEE, law enforcement, child protective services and any other person, within the time the law requires; (e) keeping your records for as long as the law requires; and (f) training and supervising your staff. Using the Service does not transfer any of these duties to us and does not guarantee any result in a licensing visit, inspection, investigation or lawsuit.

2.4. Emergencies. The Service is not an emergency service. In an emergency, call 911 first. Suspected abuse or neglect must be reported as the law requires (for example, to the county department of social services and, for incidents in a facility, to DCDEE). The Service does not make any report to any agency for you unless you send it yourself.

2.5. No professional advice. Nothing in the Service is legal, medical, licensing, insurance or other professional advice. See our Disclaimers.

3. Artificial intelligence features

3.1. The Service uses automated tools, including speech recognition and large language models provided by third parties, to transcribe speech, suggest form entries, translate text, and interpret spoken answers ("AI Features").

3.2. AI Features can be wrong, incomplete or misleading. They may mishear words, misunderstand context, or place information in the wrong field. The Service is designed to leave a field blank rather than guess, and to ask follow-up questions, but no automated system is error-free.

3.3. You must review every report in full and correct any error before signing or sending it. The staff member who signs a report, and you, are responsible for its content. We are not responsible for any decision you make, or any report you file, based on output of the AI Features.

3.4. Translations (for example, the Spanish summary for parents) are provided as a courtesy. The official form is completed in English and the English version controls.

4. Accounts and security

4.1. You must give accurate and complete information when you sign up, including your facility's legal name, license number, type and licensed capacity, and keep it up to date.

4.2. You decide who on your staff gets an account. You are responsible for all activity under your accounts, for removing access promptly when a person leaves, and for making sure each user follows these Terms.

4.3. Keep sign-in links, passwords and devices secure. Tell us at once at security@incident-ally.com if you suspect unauthorized access. We are not liable for losses caused by unauthorized use of your accounts that results from your failure to keep credentials or devices secure.

5. Your data

5.1. You own your data. As between you and us, you own the information you or your users put into the Service, including information about children, families and staff ("Customer Data").

5.2. Your permission to us. You grant ACED a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Customer Data only as needed to provide, secure, support and improve the Service, to comply with law, and as described in our Privacy Policy and Data Processing Terms. We do not sell Customer Data and do not use it for advertising.

5.3. Your responsibility for Customer Data. You represent and warrant that you have all rights, notices and consents required by law and by your own policies to provide Customer Data to us and to let us process it as described, including information about children and their parents or guardians.

5.4. Short retention by design. The Service is not an archive. Audio is deleted right after it is transcribed. Report details are deleted from the Service after the retention period you choose (by default, 30 days after a report is completed). The PDF copies emailed to you are your record. You are responsible for keeping those copies and any other records the law requires. Incident log lines are kept while your account is active so the log stays complete.

5.5. Aggregated data. We may create and use de-identified, aggregated data (for example, counts of reports by month, with no names) to operate and improve the Service. Such data does not identify you, any child or any individual.

6. Acceptable use

You will follow our Acceptable Use Policy. In short: use the Service only for your lawful child care business purposes, do not misuse it, attack it, copy it, or enter information you have no right to enter.

7. Free report, plans and payment

7.1. Free report. A new facility may file one report without a plan. After that, a paid plan is needed to start new reports. Reports already started are not lost.

7.2. Plans by licensed capacity. Prices depend on the facility type and the licensed capacity on your license, as shown on our pricing page when you subscribe. You agree to choose the plan that matches your licensed capacity and to update your capacity if it changes. We may check your license information against public records and, if it does not match, move you to the correct plan after notice to you.

7.3. Automatic renewal. Paid plans renew automatically at the end of each monthly or yearly period, at the then-current price, until you cancel. You authorize us and our payment processor, Stripe, to charge your payment method on each renewal. You can cancel at any time in Plan & billing → Manage billing; cancellation takes effect at the end of the paid period, and the Service stays available until then.

7.4. Changes in plan. Upgrades take effect immediately and are prorated. Moves to a smaller plan take effect at the next renewal.

7.5. Price changes. We may change prices by giving you at least 30 days' notice by email. The new price applies from your next renewal after the notice period. If you do not agree, cancel before then.

7.6. Taxes. Prices do not include taxes. You are responsible for any sales, use or similar taxes, other than taxes on our income.

7.7. No refunds. Except where the law requires otherwise, fees are not refundable, including for partial periods or unused time.

7.8. Late payment. If a payment fails, we will tell you. We never stop a paying facility from filing reports because of a billing problem, but after 30 days past due we may pause new staff invitations, and we may end the subscription if payment is not made.

7.9. Payment processing. Payments are processed by Stripe, Inc. under its own terms. We do not receive or store your full card number.

8. Availability, changes and support

8.1. We work to keep the Service available and secure, but we do not promise that it will be uninterrupted, error-free, or available at any particular time, including during an incident. Keep the paper form available as a backup.

8.2. Offline features (such as keeping a recording on a phone until the connection returns) are provided on a best-effort basis and depend on your device and browser. Recordings kept on a device may be lost if the device is lost, reset or cleared.

8.3. We may change, add or remove features. If we remove a material feature you pay for, we will give you reasonable notice.

8.4. Support is provided by email on business days, at our discretion, unless we agree otherwise in writing.

9. Intellectual property

9.1. ACED and its licensors own the Service, including its software, design, text, voice prompts, graphics and the Incident Ally™ name and logo. These Terms do not transfer any of those rights to you. Except for the limited right to use the Service under these Terms, all rights are reserved.

9.2. If you send us suggestions or feedback, we may use them without restriction or payment to you.

9.3. You may not use our names, logos or trademarks without our written permission.

10. Third-party services

The Service relies on third-party providers (for example, hosting, payments, email and AI providers) listed in our Subprocessors page. We are not responsible for third-party services we do not control, but we choose them with care and require them to protect data as described in our Data Processing Terms.

11. Electronic signatures and records

11.1. You agree that reports, signatures and other records may be created, signed and delivered electronically, under the federal ESIGN Act and the North Carolina Uniform Electronic Transactions Act, to the extent they apply.

11.2. For each signature, the Service records the signer's name, the time, the method (for example, on the staff member's device or by emailed link), the internet address and device information, and a fingerprint of the report content that was signed.

11.3. You are responsible for confirming that electronic signatures and electronically delivered forms meet your licensing requirements. If an agency, consultant or parent requires a handwritten signature or paper copy, you are responsible for obtaining it.

12. Confidentiality

Each party will protect the other's non-public information that it receives in connection with the Service with reasonable care, and use it only for purposes of these Terms, except as the law requires. Customer Data is also protected as described in our Privacy Policy and Data Processing Terms.

13. Disclaimer of warranties

THE SERVICE, INCLUDING ALL AI FEATURES, FORMS, TRANSLATIONS AND CONTENT, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, ACED AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, SATISFY ANY LICENSING OR LEGAL OBLIGATION, BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY OUTPUT WILL BE CORRECT OR COMPLETE.

14. Limitation of liability

14.1. TO THE FULLEST EXTENT ALLOWED BY LAW, ACED AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR LICENSE, OR FOR ANY FINES, PENALTIES OR ADMINISTRATIVE ACTIONS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2. TO THE FULLEST EXTENT ALLOWED BY LAW, ACED'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID ACED FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

14.3. These limits apply to every theory of liability (contract, tort, negligence, strict liability, statute or otherwise), even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as liability for fraud or for gross negligence or willful misconduct where the law does not allow it to be limited.

14.4. The Service is priced on the basis of these limits, which are an essential part of the bargain between us.

15. Indemnification

You will defend, indemnify and hold harmless ACED and its members, managers, employees, contractors and agents from and against all claims, damages, losses, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Data, including any claim that you lacked the right to provide it; (b) any report, form, record, notice or signature created, sent or relied on through your accounts; (c) any injury, illness, incident or event at your facility; (d) your or your users' violation of these Terms or of any law, rule or licensing requirement; or (e) your or your users' negligence or misconduct. We will give you prompt notice of a claim (though delay does not relieve you of your obligations except to the extent you are prejudiced) and reasonable cooperation at your expense. You may not settle a claim that imposes any obligation or admission on us without our written consent.

16. Term, suspension and termination

16.1. These Terms apply from when you first use the Service until your account is closed.

16.2. You may close your account at any time by cancelling your plan and writing to support@incident-ally.com.

16.3. We may suspend or end access for any user or for your account, with notice where practical, if you or your users materially breach these Terms, use the Service unlawfully or in a way that risks harm to others or to the Service, or if required by law. We will not suspend a paying facility's ability to file reports solely because of a billing problem, except by ending the subscription as described in Section 7.

16.4. After your account closes, you may ask us within 30 days for an export of data still held in the Service. After that, we will delete Customer Data within 90 days, except data we must keep by law, for billing or tax records, to resolve disputes, or in routine backups that are deleted on their normal schedule.

16.5. Sections 2.3–2.5, 3, 5, 9, 13, 14, 15, 16.4, 17, 18 and 20 survive termination.

17. Governing law

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-law rules, and by the Federal Arbitration Act for Section 18.

18. Dispute resolution, arbitration and class action waiver

18.1. Talk first. Before filing any claim, the party raising the dispute will send the other a written notice describing it, and both will try in good faith to resolve it for 30 days. Notices to us go to legal@incident-ally.com and to our mailing address.

18.2. Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will take place in Buncombe County, North Carolina, or by video conference if both parties agree. Judgment on the award may be entered in any court with jurisdiction.

18.3. Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, or (b) seek a temporary restraining order or injunction in court to protect its intellectual property or confidential information, or to stop unauthorized use of the Service.

18.4. CLASS ACTION AND JURY TRIAL WAIVER. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

18.5. Time limit. To the extent allowed by law, any claim must be brought within one year after it arises, or it is permanently barred.

18.6. Venue for court proceedings. If a dispute is not subject to arbitration, it will be heard only in the state or federal courts located in Buncombe County, North Carolina, and both parties consent to their jurisdiction.

19. Changes to these Terms

We may update these Terms. We will post the new version with its effective date and version number, and we will notify account managers by email or in the Service at least 30 days before a material change takes effect, except where a change is required by law or addresses security. Managers may be asked to accept the new version. If you do not agree, cancel before the change takes effect. Continued use after the effective date means you accept the change.

20. General

20.1. Entire agreement. These Terms and the documents they reference are the entire agreement between you and ACED about the Service and replace any prior agreements on the subject. Any purchase order or other terms you send do not apply.

20.2. Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets, or to an affiliate.

20.3. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, power or internet outages, failures of third-party providers, acts of government, or labor disputes (other than payment obligations).

20.4. Severability; no waiver. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent allowed and the rest will remain in effect. A failure to enforce any part is not a waiver.

20.5. Independent parties. The parties are independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship.

20.6. Notices. We may give notices by email to the address on your account or in the Service. You give notices to legal@incident-ally.com and our mailing address.

20.7. Language. These Terms are written in English. A Spanish translation is provided for convenience; if there is any difference, the English version controls.

20.8. Export and sanctions. You will not use the Service in violation of U.S. export laws or sanctions.

21. Contact

ACED | Advanced Concepts in Educational Design LLC
65 Merrimon Avenue, #1199
Asheville, NC 28806
legal@incident-ally.com