Terms of Service

Last updated: August 25, 2026

These Terms of Service (the “Terms”) are an agreement between Red Standard LLC (“Red Standard,” “we,” “us,” or “our”) and the person or organization using ArkCare (“you” or the“provider”). They govern the ArkCare website, accounts, beta program, desktop application, and related services (together, the “Service”).

By creating an account, claiming a beta invite, purchasing a subscription, or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service.

1. Who may use ArkCare

ArkCare is for licensed childcare businesses and their authorized adult personnel in the United States. You must be at least 18 years old and authorized to bind the licensed program or other organization whose records you manage. If you use ArkCare for an organization, “you” includes that organization.

You are responsible for choosing who may use your account, keeping credentials secure, maintaining accurate account information, and telling us promptly athello@arkcare.app if you suspect unauthorized access. You are responsible for activity performed through your account unless caused by our breach of these Terms.

2. What ArkCare does—and does not do

ArkCare is a desktop records tool for providers in any U.S. state. A Director account may manage locations in more than one state, and each location remains subject to the laws and regulator for that location.

ArkCare helps organize attendance, child health and emergency records, medication and incident logs, staff training and clearance records, uploaded documents, and inspection materials. It does not operate your program, make licensing decisions, or replace your regulator, attorney, compliance professional, or professional judgment. ArkCare does not provide legal advice and does not guarantee that records are complete, legally sufficient, or accepted in an inspection.

ArkCare ships jurisdiction rulebooks as informational tools. New York’s deep-compliance engine is the most complete today; other states’ and center-specific engines are rolling out. Laws and agency guidance change, and a rulebook may lag an update. We do not warrant that any of the 52 rulebooks is complete, current, or sufficient for a particular program.

You are the licensed operator. You are solely responsible for your locations’ licensing, recordkeeping, retention, confidentiality, parent-notice, health-record, staff-clearance, and inspection requirements, and for checking current requirements with each applicable state or local authority.

3. Provider records and your responsibilities

“Provider Records” means information you or your authorized users enter, upload, create, or sync through ArkCare. It includes information about children, parents or guardians, staff, locations, attendance, health, medication, incidents, emergency contacts, training, clearances, licenses, and uploaded files.

You represent and warrant that:

you have lawful authority to collect, use, upload, and direct us to process Provider Records about children, parents or guardians, staff, and other people;
you have given required notices and obtained required permissions or consents, including for health information and staff clearance records;
your instructions and use of ArkCare comply with applicable licensing, employment, privacy, confidentiality, recordkeeping, and other laws; and
you will limit access to authorized personnel and will not enter data that is not reasonably needed to run or document your program.

4. Data roles and processing instructions

For Provider Records, the provider determines why the records are kept and how they are used. To the extent applicable law uses these terms, the provider is the controller or business, and Red Standard is the provider’s processor or service provider. For adult website, beta-lead, account, support, and billing information that Red Standard collects for its own business operations, Red Standard acts as the controller or business.

These Terms, your use of Service features, and your documented support requests are your instructions to process Provider Records only to provide, maintain, secure, troubleshoot, and support the Service; sync data between authorized devices and cloud services; carry out your documented requests; and meet applicable legal obligations. You grant us a limited, nonexclusive right to process Provider Records for those purposes. You keep all ownership rights in Provider Records.

For Provider Records, Red Standard will:

process the records only on your documented instructions, unless applicable law requires otherwise;
limit access to people and service providers who need it for the permitted processing and who are subject to appropriate confidentiality obligations;
take reasonable administrative, technical, and organizational measures appropriate to the Service and the information processed;
reasonably assist you with applicable data-rights, security, breach-response, deletion, and return obligations, taking into account the nature of the processing and the information available to us;
on your documented instruction or at the end of service, delete or return cloud copies using available administrative processes when required by applicable law, and provide reasonably required confirmation, except where law permits or requires retention;
provide information reasonably necessary to demonstrate compliance with these processor duties and cooperate with reasonable assessments, subject to appropriate confidentiality, security, scope, and cost protections; and
maintain the current subprocessor list in the Privacy Policy and provide notice of a material new subprocessor through the change-notice process described below.

Our current service providers are Supabase (authentication, Postgres database, and file storage), PowerSync by JourneyApps (data synchronization), Cloudflare (website hosting, Pages and Functions, email delivery, KV rate limiting, and CDN/security services), Stripe (billing when active), and Google Workspace (support email). Each receives only the data relevant to its role. More detail is in the Privacy Policy.

5. Local and cloud copies

ArkCare is offline-first. Provider Records live in a local SQLite database on the provider’s device and sync through PowerSync to Supabase Postgres and Storage when the device is online. You are responsible for the physical security of your devices, operating system accounts, and any local copies you create.

In-app record deletion generally uses a soft-delete marker rather than immediately erasing a synced database row. Ending a subscription, beta, or account does not wipe a provider’s device. Local copies remain until the provider uses the app’s wipe function, removes the application data, or otherwise securely erases the device. ArkCare does not promise an automatic cloud-purge schedule. Contact us with a documented cloud deletion or return instruction; we will act as described in Section 4 and as required by applicable law.

6. Beta program

Beta access is free, time-boxed, and revocable. Your beta end date is stored with your subscription record. We may pause invitations, stop the program, revoke access, limit features, or end a beta window, including to protect the Service, providers, or records. We will provide notice when reasonably practical, but urgent security or legal action may take effect immediately.

The beta is pre-release software. It may contain errors, change without notice, or become unavailable. Beta features are provided “as is” and “as available,” without a promise that they will be retained or become part of a paid plan. Use during beta does not reduce your duty to maintain records and procedures required by your regulator. Beta participation does not enroll you in a paid subscription; paid billing begins only after you separately choose a plan and authorize checkout.

When beta access ends, cloud access and the ability to create or sync changes may end or become read-only. Device copies remain until you wipe them as described in Section 5.

7. Paid subscriptions

ArkCare Pro is $39 per month for one licensed location. ArkCare Director is $149 per month for the locations you direct. Annual billing provides 12 months for the price of 10 ($390 for Pro and $1,490 for Director). Prices are flat, not per child, and applicable taxes may be added.

A paid subscription renews for the billing period you selected until canceled. Stripe handles payment-card details; Red Standard does not store full payment card numbers on its servers. You authorize the recurring charges shown at checkout. You can cancel at any time through arkcare.app/manage. Cancellation normally takes effect at the end of the paid billing period. Except where law requires otherwise, charges already paid are not refundable. We will give advance notice of a price change before it applies to a renewal.

For a paid subscription, Red Standard will provide the Service materially as described on the ArkCare website and with reasonable care. This limited commitment is separate from the “as is” beta terms above. It does not promise uninterrupted operation, a particular inspection result, or that a jurisdiction rulebook is legally complete or current.

If payment fails or a paid subscription ends, cloud access and write access may end or become read-only. Device copies remain under your control until you wipe them. You remain responsible for preserving records for the period required in each location’s jurisdiction.

8. Acceptable use

You may not:

use the Service unlawfully or without the authority described in these Terms;
access another provider’s account or records without authorization;
probe, bypass, or interfere with security, tenant isolation, rate limits, or access controls;
introduce malicious code or disrupt the Service or another user;
resell, sublicense, copy, or reverse engineer the Service except where law permits; or
use ArkCare to create a child-facing or parent-facing service without our written agreement.

9. Ownership and feedback

Red Standard and its licensors own the Service, software, designs, documentation, trademarks, and other materials, excluding Provider Records. These Terms give you a limited, revocable, nontransferable right to use the Service for your licensed program during an active beta or paid subscription.

If you give us product feedback, you allow us to use it without restriction or payment. Do not include Provider Records or confidential information in feedback unless needed for support and shared through an authorized channel.

10. Suspension and termination

You may stop using ArkCare or cancel a paid subscription at any time. We may suspend or terminate access for a material breach of these Terms, nonpayment, security risk, unlawful use, risk to another tenant, or discontinuation of the Service. When practical, we will give notice and an opportunity to cure. We may act immediately when delay could create a security, legal, or data-isolation risk.

Termination ends your right to use the cloud Service. Sections concerning Provider Records, ownership, fees already incurred, disclaimers, indemnity, liability, disputes, and other provisions that by their nature should survive will remain in effect.

11. Privacy, security, and service providers

Our Privacy Policy explains what we collect and how we handle it. We use reasonable safeguards appropriate to the Service, but no local device, network, sync service, or cloud system is completely secure. You must use appropriate device security and notify us promptly of suspected compromise.

The Service depends on third-party platforms identified above. Their interruption, change, or discontinuation may affect ArkCare. We remain responsible for our obligations under these Terms, but do not control those providers’ independent systems.

12. Disclaimers

Except for the limited paid-service commitment in Section 7 and to the maximum extent permitted by law, the Service is provided “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. We do not warrant that the Service will be uninterrupted, error-free, or immune from data loss or security incidents.

ArkCare is a records tool. You remain responsible for professional judgment, regulatory compliance, source documents, notices, permissions, retention, and inspection readiness in every jurisdiction where you operate.

13. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Red Standard and its officers, employees, and agents from third-party claims, damages, penalties, and reasonable legal costs arising from your unlawful use of the Service, your Provider Records, your breach of Section 3, or your violation of another person’s rights. This does not apply to the extent a claim was caused by Red Standard’s breach, gross negligence, or willful misconduct.

14. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, or business opportunities, arising from the Service or these Terms, even if advised that such damages were possible.

To the maximum extent permitted by law, each party’s total liability arising from the Service or these Terms will not exceed the greater of (a) the fees you paid Red Standard for ArkCare during the 12 months before the event giving rise to the claim or (b) $100.

These exclusions and limits do not apply to fraud, gross negligence, willful misconduct, infringement or misappropriation of the other party’s intellectual-property rights, indemnity obligations, payment obligations, or liability that applicable law does not allow to be excluded or limited.

15. New York law and courts

New York law governs these Terms without regard to conflict-of-law rules. This is the contract’s governing law; it does not replace the childcare, privacy, employment, health, or recordkeeping law that applies to any location where you operate. Any dispute arising from these Terms or the Service must be brought in the state or federal courts located in New York County, New York, and each party consents to those courts’ jurisdiction.

16. Changes to these Terms

We may update these Terms as the Service or law changes. We will post the updated Terms and change the “Last updated” date. For a material change, we will also provide reasonable advance notice by email, through the Service, or both, unless an urgent legal or security reason requires faster action. Changes apply prospectively from their stated effective date. Continued use after that date means you accept the updated Terms.

17. General terms

These Terms and the Privacy Policy are the entire agreement for the Service unless you and Red Standard sign a separate agreement. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest will remain effective. A delay in enforcing a right is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of the Service, subject to applicable privacy obligations.

18. Contact

Questions about these Terms may be sent to Red Standard LLC athello@arkcare.app.