Terms of service

This is an agreement between Mobile App Development Group(“we”, “us”), which provides NIA, and the organization that subscribes to it (“you”). It takes effect at the earlier of the date you sign or accept a quote or order from us, and the date anyone at your organization first signs in.

If a signed quote, order form or written agreement between us says something different from these terms, that document wins for the point it covers. Our privacy policy forms part of this agreement.

The person accepting these terms confirms they are authorized to bind their organization.

NIA is subscription software for child-care kitchens: menu and meal planning against CACFP meal patterns and age-group minimums, inventory counts, purchase ordering and receiving, recipe and catalog management, monthly enrollment counts, and reports drawn from all of it.

We may change, add to or remove features as the product develops. We will not remove a feature that is central to what you bought without telling the account contact by email first.

This clause matters more than the rest of them, so it is stated plainly.

NIA produces a menu, portion and purchase record. It does not submit CACFP claims, it does not determine or certify eligibility, it does not count children, and a report it generates is not a claim, an attestation, or evidence that a meal as actually served met a required pattern. Meal counts, attendance and eligibility determinations remain yours to make, record and defend.

Cost figures shown in NIA come from two different bases — prices you recorded when a delivery arrived, and estimated catalog prices where you did not — and the reports label which is which. You are responsible for reading that distinction before relying on a number, and for reconciling it against your own invoices and accounts.

We are not your accountant, your auditor, your sponsor or your legal adviser, and nothing in the product is advice about your obligations under CACFP or any other program.

We create the first manager account for your organization. That manager invites everyone else and sets what each person can do. You are responsible for who you invite, for removing people who leave, and for anything done through your accounts.

Accounts belong to individuals — sharing one login between staff defeats the audit trail that makes the records worth keeping. Tell us promptly at admin@mobileappdevelopmentgroup.com if you believe an account has been compromised.

The data your organization enters is yours. We do not claim ownership of it, we do not sell it, and we do not use it to train machine-learning models. We process it to run the service for you, to support you when you ask, and to keep the service secure and working.

You can export your data at any time while your subscription is active, and can ask us for an export within 30 days after it ends. You are responsible for having the right to enter the data you enter, and for keeping your own copies of anything you are separately required to retain.

You agree not to enter personal information about individual children into NIA. The product is not designed to hold it, does not have a place for it, and does not need it — enrollment is recorded as monthly counts per age group.

NIA is priced per center, per month, at the rate in your quote. The monthly charge is the unit price multiplied by the number of active centers on your account, billed in advance through Stripe. Adding a center increases the charge from the following billing period; removing one decreases it the same way.

Any free or trial months are stated in your quote and apply once, at the start. Promotional credits we grant can be withdrawn if they were granted in error or the arrangement they were part of ends. Fees are exclusive of taxes, which are added where they apply.

If a payment fails we will retry and email you. If an invoice stays unpaid we may suspend access to the account until it is settled. We will not delete your data because of an unpaid invoice without giving you notice and a chance to export it.

We may change prices with at least 30 days’ notice by email, effective at your next renewal. If you do not want the new price, cancel before it takes effect.

The subscription runs month to month unless your quote says otherwise, and renews automatically. Either of us can cancel with notice before the next renewal; cancellation takes effect at the end of the period you have already paid for. We do not refund partial months.

We can suspend or terminate an account immediately for non-payment after notice, for use that breaks clause 8, or where continuing would expose us or other customers to real risk.

After termination we keep your data for 30 days so a cancellation can be undone and an export produced, then delete it. Ask us within that window if you need a copy.

You agree not to:

• use NIA to break the law, or to store material you have no right to store;
• resell, sublicense or provide NIA to anyone outside your organization, or use it to build a competing product;
• copy, decompile or reverse-engineer the software, or try to extract its source beyond what the law permits regardless of contract;
• probe, scan or load-test the service, or attempt to reach another customer’s data. Security research is welcome — write to admin@mobileappdevelopmentgroup.com first and we will agree scope;
• scrape the service or drive it through automated means in a way that degrades it for others.

We aim to keep NIA available and we monitor it continuously, but we do not offer a guaranteed uptime level and this agreement includes no service-level credits. Maintenance and third-party outages happen; where we can foresee disruption we will give notice.

Support is by email at admin@mobileappdevelopmentgroup.com and through the support form in the app, during ordinary business hours.

We take regular backups, but backups are our operational safety net rather than a promise to you: we do not warrant that data can be recovered to a particular point in time, and a kitchen record you are legally required to keep should not exist only inside NIA.

Each of us may learn things about the other that are not public — your operating data and our pricing being the obvious ones. Neither of us will disclose the other’s confidential information except to people who need it to perform this agreement, or where the law requires it. The price you negotiated is confidential.

We warrant that we will provide the service with reasonable care and skill. Beyond that, and to the fullest extent the law allows, NIA is provided “as is” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

In particular, we do not warrant that use of NIA will result in CACFP compliance, in reimbursement, in passing a review or audit, or in any particular financial outcome. See clause 3.

Neither of us is liable to the other for indirect, incidental, special or consequential losses, or for lost profits, lost revenue, lost reimbursement or lost data, even if the possibility was known.

Our total liability arising out of or relating to this agreement is limited to the fees you paid us in the twelve months before the event giving rise to the claim.

Nothing here limits liability that cannot lawfully be limited — including fraud, or death or personal injury caused by negligence.

You will defend and indemnify us against third-party claims arising from the data you put into NIA, from your use of the service in breach of this agreement, or from your own regulatory filings and claims. We will defend and indemnify you against third-party claims that the NIA software itself infringes their intellectual property.

We may update these terms. For material changes we will email the account contact at least 30 days before they take effect, and the date at the top of this page will change. Continuing to use NIA after that means you accept the update; if you do not, cancel before it takes effect.

This agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and the state and federal courts sitting in Texas have exclusive jurisdiction.

Neither of us may assign this agreement without the other’s consent, except to a successor of substantially all of its business. If a clause is unenforceable the rest stands. Failing to enforce a term is not a waiver of it. Together with your quote or order and the privacy policy, this is the entire agreement between us about NIA and replaces anything discussed beforehand.

Notices to us go to admin@mobileappdevelopmentgroup.com. Notices to you go to the account contact’s email address.