Terms of Service

These Terms of Service ("Terms") govern access to and use of the FosterTRAIN platform, website, applications, and related services (together, the "Service") operated by FosterTRAIN ("FosterTRAIN," "we," "us," or "our"). By creating an account, clicking to accept, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you use the Service on behalf of an agency, administrator, or other organization, you represent that you are authorized to bind that organization, and "you" includes that organization. If you are an individual learner or trainer, you accept these Terms personally.

• Platform means the FosterTRAIN software, including training scheduling, registration, attendance tracking, evaluation, certificate generation, billing support, communications, and reporting features.
• Customer means the foster care agency, Title IV-E administrator, or other organization that subscribes to the Service.
• Authorized User means an individual a Customer permits to access the Service under its account.
• Trainer means an independent trainer or training organization that delivers courses listed or managed through the Platform.
• Learner Data means records about foster parents, caregivers, and other training participants, including registration, attendance, evaluation, and certificate data.

You must provide accurate, current, and complete information when you register, and keep it accurate. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us promptly through the Contact page if you believe your credentials have been compromised.

Accounts are personal. Sharing logins, forwarding activation links, or allowing unauthorized access to a Customer workspace is prohibited. We may suspend accounts showing shared or automated credential use.

You agree not to, and not to permit anyone else to:

• Use the Service for any unlawful purpose or in violation of applicable child welfare, education, privacy, or recordkeeping law.
• Upload malicious code, attempt to gain unauthorized access, probe or scan the Service, or interfere with its operation.
• Scrape, harvest, or bulk-extract data about other users or learners, including through automated means.
• Reverse engineer, decompile, resell, sublicense, or provide the Service as a service bureau to third parties.
• Store records you are not authorized to hold, or upload another person's sensitive information without a lawful basis to do so.
• Misrepresent attendance, completion, or evaluation data.

The Customer is responsible for the content, accuracy, and lawful use of the data it places in the Service, for the acts and omissions of its Authorized Users, and for configuring access permissions appropriate to its obligations.

The Customer is also responsible for its own compliance obligations, including mandated reporter duties, licensing and credential verification of trainers, retention and record production requirements, and any consent obligations owed to learners whose data it stores.

You are solely responsible for verifying the accuracy and sufficiency of any training record, certificate, attendance log, or completion report before relying on it or submitting it to a regulator, licensing body, court, or funding authority. Generated certificates and reports are only as reliable as the data entered by you and your Authorized Users; we do not independently audit that data.

Paid features are provided for the subscription term selected at purchase and are billed in advance through the payment method you provide. Subscriptions renew automatically for successive terms of the same duration unless cancelled before the renewal date.

Fees are non-refundable once paid, including for partial months or years and for non-use. We may change fees with notice posted to the Service or by email before the change takes effect on your renewal. Amounts outstanding for more than the stated payment window may result in suspension of access.

Customers are responsible for paying any taxes, withholdings, or government assessments associated with their purchase, other than taxes on our net income.

We deliver the Service using third-party infrastructure and service providers, including cloud hosting, databases, content delivery, transactional email, payment processing, and AI-assisted features. Those services are subject to their own terms and availability.

We disclaim liability for the operation, security, availability, or failure of third-party infrastructure and service providers. Outages, latency, data loss caused by a provider, or provider security incidents are events outside our reasonable control, to the maximum extent permitted by law.

The Service, including its software, design, and original content (excluding Customer data and content), remains the exclusive property of FosterTRAIN and its licensors and is protected by copyright, trademark, and other laws. You receive a limited, non-exclusive, non-transferable right to use the Service during your subscription, subject to these Terms.

You keep ownership of your Customer data and content, and grant us a limited license to host, process, transmit, and display that content solely to operate and support the Service.

Each party will protect the other's confidential information using reasonable care and use it only to perform under these Terms. Learner data is treated as confidential and is handled as described in our Privacy Policy, which forms part of these Terms.

Where a Customer is the data controller, we act as its service provider and process Learner Data only on documented instructions, with obligations of confidentiality, reasonable security, subprocessor accountability, and deletion or return at termination.

To the maximum extent permitted by law, we disclaim all express and implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, or that it will produce any particular business, licensing, funding, audit, or compliance outcome.

To the maximum extent permitted by law, FosterTRAIN and its officers, directors, employees, contractors, partners, suppliers, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, anticipated savings, data, or use, arising out of or relating to the Service, however caused and regardless of the theory of liability, even if advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100). The existence of more than one claim will not enlarge this cap. These exclusions and caps apply even if a limited remedy fails of its essential purpose.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or wilful misconduct. Some jurisdictions do not allow the exclusion of certain damages, so parts of this section may not apply to you.

You will defend, indemnify, and hold harmless FosterTRAIN and its officers, directors, employees, and agents from and against any third-party claim, loss, liability, damage, penalty, or expense (including reasonable attorneys' fees) arising from your use of the Service, your Customer data, your violation of these Terms or applicable law, or your failure to verify records or obtain consents. We will promptly notify you of such a claim and may participate in its defense at our own expense.

You may cancel your subscription at any time; cancellation takes effect at the end of the current term. We may suspend or terminate access immediately if you materially breach these Terms, if your account presents a security or legal risk, or if fees remain unpaid.

On termination, your right to use the Service ceases. We make backup and export features available during the term; Customers should export records they must retain before termination. Records may be deleted after a wind-down period, consistent with the Privacy Policy. Sections that by their nature should survive termination, including fees owed, intellectual property, disclaimers, limitations of liability, and indemnification, will survive.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Before filing a claim, you agree to contact us through the Contact page and allow thirty (30) days to attempt an informal resolution in good faith.

If a dispute is not resolved informally, it will be brought exclusively in the state or federal courts located in California, and each party consents to their jurisdiction and venue. Each party waives any right to a jury trial to the extent permitted by law. Claims must be brought individually, not as part of a class or representative action.

We may modify these Terms from time to time. Material changes will be posted on this page with a revised "Last Updated" date and, where appropriate, communicated by email or in-app notice before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service.

• Entire Agreement. These Terms and the Privacy Policy are the entire agreement between the parties on this subject and supersede prior discussions.
• Severability. If a provision is found unenforceable, it will be limited to the minimum extent necessary and the remainder stays in effect.
• No Waiver. Failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent; we may assign them to an affiliate or successor.
• Force Majeure. Neither party is liable for delay caused by events beyond its reasonable control, including provider outages, natural disasters, or civil disruption.
• Relationship. The parties are independent contractors. Nothing in these Terms creates an employment, agency, partnership, joint venture, or fiduciary relationship.

Questions about these Terms should be sent through the Contact page on this site so the request is logged and routed to the right team.