Moxi Childcare Membership Terms of Service

Effective Date: April 1, 2026

1. Agreement to Terms

By selecting your membership plan and submitting payment information through Stripe, you ("Member," "you," or "your") agree to be bound by these Membership Terms of Service ("Agreement") with Moxi Childcare ("Moxi," "we," "us," or "our"). This Agreement constitutes a legally binding contract between you and Moxi Childcare.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BY SUBMITTING PAYMENT INFORMATION, YOU ARE ENTERING INTO A BINDING CONTRACT ON THE TERMS OF THE MEMBERSHIP PLAN YOU SELECT, AS DESCRIBED IN SECTION 2 BELOW.

2. Membership Plan Details

2.1 Plan Options

Moxi offers three membership plan options:

• Annual Plan, Pay Monthly — see Section 2.2
• Annual Plan, Pay Upfront — see Section 2.3
• Month-to-Month Plan — see Section 2.4

The terms specific to each plan are described in the corresponding sections below. All other provisions of this Agreement (Sections 3 through 14) apply to all members regardless of plan selection, except where a plan-specific exception is expressly stated.

2.2 Annual Plan, Pay Monthly

• Contract Term: 12 months (annual commitment)
• Billing Frequency: Monthly
• Monthly Rate: $78.00 per month
• Total Annual Obligation: $936.00 ($78.00 × 12 months)
• Payment Method: Automatic recurring charges to your credit card or payment method on file with Stripe

Nature of Commitment. This is an annual membership contract billed monthly, not a month-to-month subscription. You are committing to pay for the full 12-month term regardless of usage. Monthly billing is provided as a convenience for payment but does not alter your obligation to pay for the entire annual term.

2.3 Annual Plan, Pay Upfront

• Contract Term: 12 months (annual commitment)
• Billing Frequency: Annually (single payment)
• Effective Monthly Rate: $68.00 per month
• Total Annual Payment: $816.00, paid in full at enrollment
• Payment Method: A single charge to your credit card or payment method on file with Stripe at the time of enrollment, and again on each annual renewal date thereafter

Nature of Commitment. This is an annual membership contract paid in full at the start of each 12-month term. By selecting this plan, you receive a discounted effective monthly rate in exchange for paying the full annual amount upfront. You are committing to a 12-month membership term regardless of usage. The annual payment is non-refundable, including in the event of early cancellation, except as expressly provided in Section 5.7.

2.4 Month-to-Month Plan

• Contract Term: None — no minimum commitment
• Billing Frequency: Monthly
• Monthly Rate: $129.00 per month
• Total Monthly Obligation: $129.00 per month, billed in advance ($1,548.00 annualized)
• Payment Method: Automatic recurring charges to your credit card or payment method on file with Stripe

Nature of Commitment. This is a no-commitment, month-to-month membership that automatically renews each month until you cancel. You may cancel or pause your membership at any time, subject to the terms in Sections 5.4 (Cancellation) and 5.5 (Pause). Monthly fees are billed in advance and are non-refundable, including for partial months of service.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BY SUBMITTING PAYMENT INFORMATION FOR THIS PLAN, YOU AUTHORIZE MOXI CHILDCARE TO CHARGE YOUR PAYMENT METHOD ON A RECURRING MONTHLY BASIS UNTIL YOU CANCEL IN ACCORDANCE WITH THESE TERMS.

3. Automatic Recurring Payments

3.1 Authorization for Automatic Charges

By accepting these Terms, you authorize Moxi Childcare and our payment processor, Stripe, to automatically charge your designated payment method according to the billing schedule for your selected plan, as described in Section 2:

• Annual Plan, Pay Monthly: $78.00 charged on or around the same day of each month for the duration of your 12-month membership term ("Billing Date").
• Annual Plan, Pay Upfront: $816.00 charged at enrollment, and again on each annual renewal date thereafter.
• Month-to-Month Plan: $129.00 charged on or around the same day of each month for as long as your membership remains active ("Billing Date").

3.2 Payment Processing

• All payments are processed securely through Stripe.
• You will be charged automatically without further authorization from you.
• Failed payments may result in suspension or termination of membership benefits.
• You are responsible for ensuring your payment method remains valid and has sufficient funds.

3.3 Payment Obligation Upon Enrollment

IMPORTANT — Annual Plans (Pay Monthly and Pay Upfront): When you enroll in either annual plan, you are committing to pay the full annual amount of your selected plan ($936.00 for Pay Monthly; $816.00 for Pay Upfront). The monthly billing structure of the Pay Monthly plan does not create a month-to-month cancellable subscription. Even if you cancel your membership early, you remain financially obligated for the full annual term unless otherwise specified in Section 5.7.

Month-to-Month Plan: Each monthly payment is due in advance for the upcoming month of service. While there is no annual commitment, all monthly payments are non-refundable, including for unused or partial months of service.

4. Automatic Renewal Terms

4.1 Annual Plans — Renewal

At the end of your initial 12-month term, your annual membership will automatically renew for successive 12-month periods at the then-current membership rate, unless you cancel at least three (3) business days prior to your renewal date.

• Annual, Pay Monthly: Renewal terms will continue to be billed monthly at the then-current monthly rate.
• Annual, Pay Upfront: Renewal terms will be billed as a single annual payment at the then-current annual rate, charged on the renewal date.

4.2 Month-to-Month Plan — Renewal

Your Month-to-Month membership will automatically renew each month at the then-current monthly rate until you cancel in accordance with Section 5.4. There is no annual term and no end-of-term renewal trigger; the membership continues on a month-to-month basis until canceled.

4.3 Renewal Notification

• Annual Plans: We will send you a reminder notice between 7 and 30 days before your annual membership renews, informing you of the upcoming renewal, the amount you will be charged, and instructions for how to cancel if you do not wish to renew.
• Month-to-Month Plan: Because monthly renewal is the default state of this plan, we do not send a notice before each monthly renewal. We will, however, notify you of any rate changes pursuant to Section 4.4.

4.4 Rate Changes

We reserve the right to change membership rates for renewal terms. You will be notified of any rate changes at least thirty (30) days before the new rate takes effect.

• Annual Plans: Rate changes will only apply to renewal terms, not to your current term.
• Month-to-Month Plan: Continued payment of monthly fees after the rate change effective date constitutes acceptance of the new rate. If you do not wish to accept the new rate, you may cancel as described in Section 5.4.

5. Cancellation and Early Termination

5.1 Cancellation Process

You may cancel your membership by emailing us at hello@moxichildcare.com. Your cancellation request will be processed in accordance with the terms applicable to your selected plan, as described below.

5.2 Annual, Pay Monthly — Early Termination

If you wish to terminate your Annual, Pay Monthly membership before the end of your 12-month term, you may do so by paying an early termination fee equal to three (3) months of your monthly rate ($234.00). This early termination fee will be charged to your payment method on file and is in addition to any monthly payments already processed.

UPON PAYMENT OF THE EARLY TERMINATION FEE:

• Your membership will end as of the effective termination date.
• You will not be charged for any subsequent monthly billing periods.
• Monthly payments already processed are non-refundable.
• Your access to membership benefits will cease as of the effective termination date.

Example: If you terminate after 6 months, you will pay a one-time early termination fee of $234.00, and you will have no further payment obligation under this Agreement.

If the early termination fee is not paid, you remain financially obligated for the full annual amount under Section 2.2 ($78.00 × remaining months). In such case, Moxi may, at its sole discretion, either continue to process monthly charges through the remainder of your term or invoice you for the remaining balance immediately.

5.3 Annual, Pay Upfront — Early Termination

IF YOU CANCEL YOUR ANNUAL, PAY UPFRONT MEMBERSHIP BEFORE THE END OF YOUR 12-MONTH TERM:

• You will not receive a refund of any portion of the annual payment.
• The annual payment is non-refundable in full, regardless of the date of cancellation or the percentage of the term remaining.
• Your access to membership benefits will cease upon cancellation, but no refund or pro-rated credit will be issued.
• The early termination fee option described in Section 5.2 (Annual, Pay Monthly) is not available for the Annual, Pay Upfront plan.

Example: If you cancel after 6 months, you will not receive a refund of any portion of your $816.00 annual payment, and your access to membership benefits will end upon cancellation.

5.4 Month-to-Month — Cancellation

IF YOU CANCEL YOUR MONTH-TO-MONTH MEMBERSHIP:

• You may cancel at any time by emailing hello@moxichildcare.com.
• Cancellation requests must be received at least three (3) business days before your next Billing Date in order to avoid the next monthly charge.
• If your cancellation request is received within three (3) business days of your next Billing Date, your membership will remain active and you will be billed for one additional month, after which your membership will end.
• You will retain access to membership benefits through the end of the billing period for which you have already paid.
• Monthly payments already processed are non-refundable, including for partial months of service.
• There is no early termination penalty for canceling a Month-to-Month membership.

5.5 Month-to-Month — Pause Provision

Month-to-Month members may pause their membership in lieu of cancellation, subject to the following terms. The Pause option is available only to Month-to-Month members and is not available under either Annual Plan.

• Pause requests must be submitted by emailing hello@moxichildcare.com at least three (3) business days before your next Billing Date.
• A pause may be requested for a maximum of three (3) consecutive months and is limited to one (1) pause per rolling 12-month period.
• During an approved pause, monthly fees will not be charged, your membership rate will be locked at the rate in effect at the time of pause (your "Saved Rate"), and your spot at Moxi will be held.
• During an approved pause, your access to membership benefits will be suspended.
• At the end of your approved pause period — or upon your earlier written request to resume — automatic monthly billing will resume at your Saved Rate on your next standard Billing Date.
• If you do not resume your membership before the end of the three-month pause period, your membership will automatically convert to a cancellation. Re-enrollment after auto-cancellation will be subject to the membership pricing in effect at the time of re-enrollment and to availability, and the rate-lock and spot-hold benefits described in this Section 5.5 will not apply.
• Pause requests are subject to approval at Moxi Childcare's discretion based on facility capacity and operational considerations.

5.6 End-of-Term Cancellation (Annual Plans)

To cancel your Annual Plan (either Pay Monthly or Pay Upfront) at the end of your 12-month term and prevent automatic renewal, you must provide written notice at least three (3) business days before your renewal date. If you cancel within this timeframe, you will not be charged for the subsequent term.

5.7 Exceptions

Early termination without penalty (and, where applicable, a pro-rated refund of unused term for the Annual, Pay Upfront plan) may be permitted only in cases of:

• Relocation more than 50 miles from our facility (requires proof of relocation);
• Serious medical condition preventing participation (requires physician documentation); or
• Death of the Member.

Requests for exception-based cancellations must be submitted in writing with supporting documentation.

6. No Chargebacks — Dispute Resolution

6.1 Agreement Not to Initiate Chargebacks

BY ACCEPTING THESE TERMS, YOU EXPRESSLY AGREE THAT:

• You will not initiate a chargeback, dispute, or reversal with your credit card company or bank for any charges made in accordance with this Agreement.
• You understand that initiating an unauthorized chargeback constitutes a breach of this Agreement.
• All billing questions, disputes, or concerns must be directed to Moxi Childcare first, not to your payment provider.

6.2 Consequences of Unauthorized Chargebacks

If you initiate a chargeback or payment dispute without first attempting to resolve the matter with Moxi Childcare, we reserve the right to:

• Immediately terminate your membership and deny all access to facilities and services.
• Pursue collection of all amounts owed under this Agreement.
• Charge you for all chargeback fees, dispute fees, and administrative costs.
• Pursue legal action to recover amounts owed, plus attorney fees and court costs.
• Report the unpaid balance to credit reporting agencies.
• Ban you from future membership enrollment.

6.3 Proper Dispute Process

If you believe you have been charged incorrectly or have any billing concerns:

1. First, contact us directly at hello@moxichildcare.com.
2. Provide details of your concern within 30 days of the charge in question.
3. We will investigate and respond within 10 business days.
4. If the issue remains unresolved, you may pursue dispute resolution as outlined in Section 10.

DO NOT initiate a chargeback until you have followed this process. We are committed to resolving billing issues fairly and promptly.

6.4 Legitimate Disputes

Nothing in this Agreement prevents you from disputing charges that are genuinely fraudulent (not authorized by you) or that we agree were made in error. However, charges made in accordance with this Agreement — including charges for the full annual term you committed to under an Annual Plan, and recurring monthly charges under a Month-to-Month Plan — are not subject to legitimate dispute.

7. Refund Policy

7.1 No Refunds

ALL MEMBERSHIP FEES ARE NON-REFUNDABLE, except as expressly provided in Section 5.7 (Exceptions). This includes:

• Monthly payments already processed (Annual, Pay Monthly and Month-to-Month plans).
• Annual payments already processed under the Annual, Pay Upfront plan.
• Any early termination fee paid pursuant to Section 5.2.
• Any fees paid for the current billing period.
• Any one-time fees that may apply from time to time (such as program-specific fees, registration fees, or other special charges), where applicable.

7.2 No Pro-Rated Refunds

If you cancel mid-month or stop using our services before the end of a billing period, you will not receive a pro-rated refund for the unused portion of that month. Pro-rated refunds for Annual, Pay Upfront members are available only as expressly provided in Section 5.7 (Exceptions).

7.3 Exceptions

Refunds may only be issued at our sole discretion in cases of:

• Billing errors made by Moxi Childcare;
• Technical errors in payment processing; or
• Extenuating circumstances as determined by Moxi management.

8. Member Responsibilities

8.1 Accurate Information

You agree to provide accurate, current, and complete information during enrollment and to promptly update your account information if it changes, including:

• Contact information;
• Payment method details; and
• Emergency contact information.

8.2 Payment Method Maintenance

You are responsible for:

• Maintaining a valid payment method on file;
• Ensuring sufficient funds are available for automatic charges; and
• Updating expired or declined payment methods within 5 business days of notification.

8.3 Failed Payments

If a scheduled payment fails (whether monthly or annual):

• We will attempt to process the payment up to 3 times.
• You will be notified of the failed payment via email.
• Your membership benefits may be suspended after 10 days of non-payment.
• You remain obligated to pay all outstanding amounts plus any late fees.
• Continued non-payment may result in termination and collections.

9. Moxi Childcare Rights and Responsibilities

9.1 Service Provision

We will provide you with access to membership benefits as described on our website and in our facility materials, subject to:

• Facility hours of operation;
• Capacity limitations;
• Health and safety requirements; and
• Facility maintenance and closures.

9.2 Right to Modify Services

We reserve the right to modify, suspend, or discontinue any aspect of our membership benefits at any time, provided that such changes do not substantially diminish the overall value of your membership.

9.3 Right to Terminate

We reserve the right to terminate your membership immediately without refund if you:

• Violate these Terms of Service;
• Engage in behavior that is disruptive, dangerous, or harmful to other members or staff;
• Fail to pay amounts due within 30 days of the due date;
• Provide false or fraudulent information; or
• Initiate unauthorized chargebacks.

9.4 Facility Closures

We are not responsible for temporary closures due to:

• Government orders or health emergencies;
• Natural disasters or force majeure events;
• Necessary maintenance or repairs; or
• Holidays (as announced).

Temporary closures do not entitle you to refunds or extensions of your membership term.

10. Dispute Resolution and Governing Law

10.1 Informal Resolution

Before pursuing any formal legal action, you agree to first contact us to attempt to resolve any dispute informally. We will work with you in good faith to address your concerns.

10.2 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law provisions.

10.3 Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement that cannot be resolved informally shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Birmingham, Alabama (Jefferson County).

10.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Moxi Childcare's total liability for any claims arising from this Agreement shall not exceed the total amount you have paid to us in the 12 months preceding the claim.
• We shall not be liable for any indirect, incidental, consequential, or punitive damages.
• We do not guarantee uninterrupted or error-free service.

12. Entire Agreement and Modifications

12.1 Entire Agreement

This Agreement, along with our Privacy Policy and any other policies referenced herein, constitutes the entire agreement between you and Moxi Childcare regarding your membership.

12.2 Modifications

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated to you via email at least 30 days before taking effect. Your continued use of membership services after changes take effect constitutes acceptance of the modified Terms.

12.3 Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement shall remain in full force and effect.

13. Childcare Booking Policies

This Section 13 governs the booking, cancellation, and use of individual childcare sessions at Moxi. These policies are in addition to, and not in lieu of, the membership terms set forth in Sections 1 through 12. Childcare booking policies apply to all members regardless of plan, as well as to any non-member drop-in care, where offered.

13.1 Booking and Cancellation

• Members may book childcare sessions through their member account, subject to availability and the booking windows specified in their selected membership plan.
• Members may cancel a booked childcare session up to one (1) hour before the scheduled session start time and receive a credit toward a future session.
• Cancellations made less than one (1) hour before the scheduled session start time are non-refundable, and no credit will be issued.
• A no-show — failure to attend a booked session without canceling at least one (1) hour in advance — is treated as a same-day cancellation and is non-refundable.
• Credits issued under this Section 13.1 are non-transferable, have no cash value, and may be used only by the member to whom they were issued.
• Credits expire sixty (60) days from the date of issuance or upon cancellation of your membership, whichever occurs first. Expired credits have no value and will not be reinstated.

13.2 Modifications to Childcare Policies

Moxi reserves the right to modify, supplement, or update the policies in this Section 13 from time to time, including booking windows, capacity limits, age-group requirements, and operational policies. Material changes will be communicated to members via email and posted on our website. Continued use of childcare services after the effective date of any change constitutes acceptance of the modified policies.

14. Contact Information

For questions about these Terms or your membership, please contact us:

Moxi Childcare
hello@moxichildcare.com