Terms of service

These Terms of Service (“Terms”) are an agreement between you and The Gully Goose Co, LLC(“we,” “us,” or “our”) and govern your use of Clear Day (the “Service”). By creating an account or using the Service, you agree to these Terms. If you accept these Terms for a childcare program or another organization, you confirm that you have authority to bind it, and “you” includes that organization.

1. Accounts

You must be at least 18 years old to use the Service. You are responsible for the accuracy of the information entered into the Service, for keeping your sign-in credentials confidential, and for activity under your account. Tell us promptly at [email protected] if you learn of unauthorized access to your account.

2. Your Data

You own the data you enter into the Service. You give us a limited license to host, copy, process, transmit, and display that data to provide, secure, and support the Service, to comply with law, and as our Privacy Policy describes. For data in a program’s account, we act as a processor for that program. We do not use your data to train AI models. Canceling a plan ends billing and does not delete your data, except as our Privacy Policy describes. You can ask us to delete your data at any time by emailing [email protected], and we complete deletion within 30 days.

3. AI Features

Some features use AI to draft messages, summaries, and other content. AI output may be inaccurate or incomplete. Your staff are responsible for reviewing AI output before they rely on it or send it. Two AI-written messages are sent to families automatically, without a staff member sending them: the weekly family digest and the end-of-day report. Both are on by default. A school admin can turn each one off on the web, in School profile under Family communications, and each parent can unsubscribe from the digest email. You are responsible for reviewing these messages and for turning them off if you do not want them sent. Some features also answer questions from families and website visitors with AI, without a staff member reviewing each answer.

4. Prohibited Activities

You agree not to:

  • Use the Service for unlawful purposes.
  • Attempt to reverse engineer or tamper with the Service.

5. Third-Party Services

The Service works with services that others provide, such as payment processing by Stripe, e-signature providers, and AI assistants you connect. Those providers’ terms and privacy policies govern your use of their services, and we are not responsible for them.

6. Subscription & Payment

Paid plans are billed monthly at the prices shown on our pricing page or in the Service, with no long-term contract. If you cancel within 90 days of the start of your first paid subscription, we refund all subscription fees you have paid. To request the refund, email [email protected]. When we issue that refund, your paid plan ends at once: if you are on Plus you return to the Free plan, and if you are on Run or Grow you keep your account without a paid plan. Your data is not deleted, except as our Privacy Policy describes.

We may suspend access for non-payment.

7. Disclaimers

The Service is provided “as is” without warranties of any kind. We are not a covered entity or a business associate under the Health Insurance Portability and Accountability Act (HIPAA), and the Service is not HIPAA compliant. You must not use the Service to store or transmit protected health information on behalf of a HIPAA covered entity, and we do not sign business associate agreements.

8. Limitation of Liability

To the extent the law allows, our total liability to you for all claims relating to the Service is limited to the fees you paid us in the 12 months before the claim arose. We are not liable for any indirect or incidental damages.

9. Indemnification

You agree to indemnify us against claims by third parties arising from the data and content you enter into the Service or your use of the Service in breach of these Terms.

10. Termination

You may cancel your subscription at any time in the Service. Cancellation takes effect at the end of your current billing period, and you keep access through the period you have already paid for, except a period refunded under section 6, which ends when the refund is issued. We may suspend or terminate access if you violate these Terms.

11. Changes to These Terms

We may change these Terms. We will give notice of a change by email to account administrators before it takes effect. If you keep using the Service after the change takes effect, you accept the revised Terms.

12. General

Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Any other attempted assignment is void.

Force majeure. We are not liable for a delay or failure to perform caused by events beyond our reasonable control, and you are not liable for one caused by events beyond yours, except for a failure to pay.

Notices. We may send you notices by email to the address on your account or through the Service. You may send us notices by email to [email protected] or by mail to the address in section 14.

Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us about the Service, except for any separate written agreement that you and we both sign.

Severability. If any part of these Terms is found unenforceable, the rest remains in effect.

No waiver. If we do not enforce a part of these Terms, we do not waive our right to enforce it later.

13. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws rules.

14. Contact

For questions, contact [email protected], or write to The Gully Goose Co, LLC, 8401 Mayland Dr, Ste 11787, Richmond, VA 23294.

Last updated: October 9, 2026