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Terms of Service

Terms of Service

Last Updated: June 26, 2026

1. Introduction and Acceptance

These Terms of Service ("Terms") are a legal agreement between you ("Customer," "you," or "your") and Experience Early Learning Company ("EEL," "we," "us," or "our"), a subsidiary of brightwheel or DSSV, Inc. (referred to herein as "brightwheel"), governing your access to and use of the EEL website at mothergoosetime.com, the EEL storefront at store.mybrightwheel.com, and any related services, products, or content (collectively, the "Services").

By accessing the Services, creating an account, or purchasing products, you agree to be bound by these Terms. If you do not agree, do not use the Services. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

These Terms apply to all customers, including those who purchase through the EEL e-commerce store and an EEL Sales representative. Certain features, product offerings, and account management options vary by account type, as described below.

2. Eligibility

You must be at least 18 years of age and legally authorized to enter into contracts to use the Services. The Services are intended for early childhood education providers and professionals. EEL reserves the right to refuse service to anyone at its sole discretion.

3. Account Registration

To access certain features of the Services, you must create an account. You agree to: (a) provide accurate, complete, and current information; (b) maintain the security of your account credentials; (c) notify EEL immediately of any unauthorized access at info@experienceearlylearning.com; and (d) accept responsibility for all activities that occur under your account.

EEL reserves the right to suspend or terminate accounts that violate these Terms or that we believe are being used fraudulently.

4. Products, Orders, and Subscriptions

4.1 Available Products and Subscription Types

The products, SKU sizes, and subscription options available to you depend on your account type and are presented before and at the time of sign up.

  • E-commerce customers have access to a curated selection of product SKUs available through the online store and may purchase subscriptions in the configurations available at the time of sign up.
  • Sales-representative-managed customers may have access to the full range of EEL product SKUs and may be eligible for monthly subscriptions, prepaid subscriptions, or one-time purchase orders, as agreed with their EEL Sales representative.

EEL reserves the right to modify product availability, SKU offerings, and subscription configurations at any time, with reasonable notice to affected customers.

4.2 Order Processing and Delivery

Subscription orders are processed on the order processing date applicable to your account type, as communicated at sign up. Curriculum kits are generally expected to arrive by the 1st of the month. Delivery timelines may vary due to carrier schedules or other factors outside EEL's control.

In the event of an order processing error, EEL will work in good faith to resolve the issue. EEL is not responsible for delays caused by carrier service disruptions, weather events, or other circumstances outside EEL's control.

4.3 Subscription Renewals and Automatic Billing

Unless otherwise specified for your account type, EEL subscriptions automatically renew at the end of each subscription period at the then-current rate. By enrolling in a subscription, you authorize EEL and its payment processor to charge your payment method on file for each renewal period until you cancel.

EEL will notify you of any changes to your subscription fee at least 7 days and no more than 30 days before the change takes effect.

Renewal reminders will be sent to the email address on file, including the applicable product or service, and the amount and frequency of charges.

4.4 Account Modifications, Pausing, and Cancellation

Options for modifying your account, pausing your subscription, adjusting billing or shipping information, or skipping an upcoming order vary by account type and are described in your account portal or by your EEL Sales representative.

  • E-commerce customers may access self-service options for the following directly through the account portal: pausing a subscription for an eligible period, updating billing or shipping information, and skipping an upcoming monthly order.
  • Sales-representative-managed customers should contact EEL Support to request subscription pauses, billing or shipping changes, or order modifications via chat or email at info@experienceearlylearning.com.

To cancel your subscription at any time, contact EEL Support at info@experienceearlylearning.com (all account types). EEL will process cancellation requests promptly. To avoid being charged for the following month's order, cancellation requests must be submitted by the following deadlines:

  • E-commerce customers: by the 5th of the month; and
  • Sales-representative-managed customers: by the 1st of the month.

5. Pricing and Payment

All prices are stated in U.S. dollars. EEL reserves the right to change pricing at any time, subject to the notice requirements in Section 4.3 for existing subscriptions.

By providing a payment method, you authorize EEL and Stripe to charge that method for all amounts due. EEL does not store raw payment card data. If a payment fails, EEL may retry the charge and may suspend your account until payment is resolved.

Applicable sales tax will be calculated and added to your order based on the shipping address and applicable law.

Subscriptions are billed in advance of the applicable order period. One-time purchase orders are charged at the time of order placement.

6. Shipping and Risk of Loss

EEL ships curriculum kits to the address on file for your account. Title and risk of loss transfer to you upon delivery to the carrier. EEL is not responsible for delays or losses caused by incorrect shipping addresses provided by the customer, carrier disruptions, or events beyond EEL's reasonable control. If a shipment is lost or arrives damaged, contact EEL Support at info@experienceearlylearning.com within 14 days of the expected delivery date.

7. Returns and Refunds

Due to the nature of curriculum and physical educational materials, EEL does not accept returns or exchanges of opened curriculum kits unless the product is defective or damaged upon arrival. Defective or damaged items must be reported to EEL Support within 14 days of delivery.

For subscription cancellations, charges for a subscription period that has already been processed are generally non-refundable. EEL may, in its discretion, provide credit or partial refund in cases of error or extenuating circumstances.

For questions about a specific charge or to request a refund review, contact info@experienceearlylearning.com.

8. Intellectual Property

All content, curriculum materials, trademarks, logos, and other intellectual property made available through the Services or included in EEL's products are owned by EEL, brightwheel, or their respective licensors and are protected by applicable intellectual property laws.

Your purchase of EEL curriculum materials grants you a limited, non-exclusive, non-transferable license to use the materials for internal educational purposes within your organization. You may not reproduce, distribute, sublicense, sell, or create derivative works from EEL materials without express written permission from EEL.

You retain ownership of any content you submit to EEL (e.g., feedback, testimonials). By submitting content, you grant EEL a perpetual, royalty-free license to use, reproduce, and publish that content for EEL business purposes.

9. Copyright / DMCA Notice

EEL respects intellectual property rights. If you believe your copyrighted work has been used in a way that constitutes infringement, send a written DMCA notice to info@experienceearlylearning.com with: (a) your signature and contact information; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location; (d) a statement of good faith belief that the use is unauthorized; and (e) a statement under penalty of perjury that the information is accurate.

10. Prohibited Conduct

You agree not to:

  • Use the Services for any unlawful purpose or in violation of these Terms;
  • Resell, redistribute, or sublicense EEL products or curriculum materials without authorization;
  • Reverse engineer, decompile, or attempt to derive source code from any EEL software or platform;
  • Upload or transmit any malicious code, viruses, or disruptive content;
  • Impersonate EEL, its employees, or other users;
  • Collect or harvest any information from the Services without EEL's written consent;
  • Interfere with the security or integrity of the Services.

11. Third-Party Services and Links

EEL uses third-party providers to deliver the Services, including for payment processing, order fulfillment, tax calculation, subscription management, and platform hosting. EEL is not responsible for the acts or omissions of third-party providers, and your use of their services may be subject to their respective terms and privacy policies.

The Services may contain links to third-party websites. EEL does not endorse and is not responsible for the content or practices of linked third-party sites.

12. SMS / Text Message Communications

If you opt in to receive text messages from EEL (e.g., order notifications, shipping updates), you consent to receive recurring automated text messages from EEL at the number provided. Message and data rates may apply. You may opt out at any time by replying STOP. For help, reply HELP or contact info@experienceearlylearning.com. EEL will not send more messages than necessary to service your account.

13. Disclaimers

THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. EEL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

EEL makes no warranty that curriculum materials will meet any particular educational outcome or regulatory requirement for your jurisdiction.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EEL, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EEL's total aggregate liability to you for any claim arising out of or related to these Terms or the Services shall not exceed the greater of: (a) the total amount paid by you to EEL in the 12 months preceding the claim; or (b) $100.

Some jurisdictions do not allow limitation or exclusion of certain damages; the above limitations apply to the maximum extent permitted in your jurisdiction.

15. Indemnification

You agree to defend, indemnify, and hold harmless EEL, brightwheel, and their respective affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit through the Services.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. You and EEL agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions of these Terms.

16.2 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve disputes informally by contacting EEL at info@experienceearlylearning.com. EEL will respond within 30 days. If the dispute is not resolved within 60 days of the initial notice, either party may proceed to arbitration as set forth below. This does not waive either party's right to seek emergency injunctive relief.

16.3 Mandatory Arbitration

Except as provided in Section 16.4, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Services (collectively, "Disputes"), will be resolved solely by binding, individual arbitration. You and EEL each waive the right to a trial by jury or to participate in a class action. This arbitration provision survives termination of these Terms. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, and scope of this arbitration agreement.

The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by remote conferencing technology (e.g., videoconference) or, if required, in San Francisco, California, unless the parties agree otherwise.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If EEL prevails in arbitration, it will pay all of its own attorneys' fees and costs and will not seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.

16.4 Exceptions to Arbitration

Notwithstanding Section 16.3: (a) either party may bring an individual claim in small claims court if the claim qualifies; and (b) either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or enjoin the infringement or misappropriation of intellectual property rights.

16.5 Class Action Waiver

ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY DISPUTE. The arbitrator may not consolidate another person's claims with your claims and may not preside over any form of representative or class proceeding. If this Class Action Waiver is found to be unenforceable, the entirety of this Section 16 shall be null and void.

16.6 Severability

With the exception of the Class Action Waiver in Section 16.5, if any part of this Section 16 is found invalid or unenforceable, the remaining provisions of this Section will continue in full effect.

17. Changes to These Terms

EEL may update these Terms from time to time. Material changes will be communicated by posting the revised Terms at https://store.mybrightwheel.com/terms-of-service/ with an updated "Last Updated" date and, where appropriate, by email. Your continued use of the Services after the effective date of any changes constitutes acceptance. If you do not agree to the updated Terms, you must cancel your account before the effective date.

18. General Provisions

These Terms, together with EEL's Privacy Policy and any order confirmation or purchase agreement applicable to your account, constitute the entire agreement between you and EEL regarding the Services. If any provision of these Terms is found unenforceable, the remaining provisions will continue in full effect. EEL's failure to enforce any provision is not a waiver of its right to do so later. These Terms are not assignable by you without EEL's written consent. EEL may assign these Terms in connection with a merger, acquisition, or sale of assets.

19. Contact Information

For questions about these Terms or your account:

Experience Early Learning Company
548 Market St, PMB 95237, San Francisco, CA 94104
Email: info@experienceearlylearning.com
Website: www.mothergoosetime.com

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