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Acceptance of Terms
By accessing or using Digital Childcare (“Digital Childcare,” “we,” “us,” or “our”) and its cloud-based childcare management platform (the “Service”), you (“Customer” or “User”) agree to be bound by these Terms and Conditions.
If you do not agree to these Terms, you may not access or use the Service.
Description of Service
Digital Childcare provides a subscription-based, cloud-hosted childcare management platform accessible via web and mobile devices. Features may include attendance tracking, billing, reporting, parent communication, compliance tools, and administrative management functions.
We reserve the right to modify or improve the Service at any time.
Eligibility
The Service is intended for licensed childcare providers, agencies, and authorized personnel. By using the Service, you represent that you are authorized to bind the organization you represent.
Roles and Data Responsibility
Digital Childcare acts as a data processor/service provider.
The Customer acts as the data controller and is solely responsible for:
Obtaining all necessary parental/guardian consents
Ensuring lawful collection of personal information
Ensuring compliance with PIPEDA and applicable provincial privacy laws
Ensuring accuracy of data entered into the system
Digital Childcare processes personal information only on documented instructions from the Customer.
Compliance With Canadian Law
These Terms are governed by the laws of Canada and the Province of Ontario, including:
Personal Information Protection and Electronic Documents Act (PIPEDA)
Applicable provincial privacy legislation
Canadian Anti-Spam Legislation (CASL), where applicable
The Service does not constitute legal advice. Customers remain solely responsible for regulatory compliance, licensing requirements, and Ministry of Education obligations.
User Accounts and Security
Customers are responsible for:
Maintaining confidentiality of login credentials
Restricting unauthorized access
All activity conducted under their accounts
Digital Childcare implements reasonable administrative, physical, and technical safeguards, including:
Encryption of data in transit
Secure cloud infrastructure (including Amazon Web Services – AWS)
Role-based access controls
Secure authentication protocols
No system is completely secure. Customers acknowledge inherent cybersecurity risks.
Data Storage and Hosting
Customer data may be stored and processed using secure third-party cloud infrastructure providers, including AWS.
By using the Service, Customers consent to such storage and processing.
Third-Party Services
The Service may integrate or rely upon third-party providers, including but not limited to:
Payment processors
Cloud hosting providers
Email and SMS communication providers
Analytics services
Payment transactions are processed through secure third-party payment processors. Digital Childcare does not store full credit card details.
We are not liable for failures, interruptions, or security incidents caused by third-party services beyond our reasonable control.
Subscription Fees and Payment Terms
The Service is provided on a subscription basis (monthly or annual).
Subscriptions automatically renew unless cancelled before renewal.
Fees are non-refundable unless otherwise agreed in writing.
Failure to pay may result in suspension or termination.
We reserve the right to modify pricing with reasonable notice.
Data Retention and Export
Customer data is retained during the active subscription.
Upon termination, Customers may request a data export within 30 days.
After this period, data may be permanently deleted in accordance with our retention policies.
Data exports are provided in standard formats. Compatibility with third-party systems is not guaranteed.
Customers remain responsible for maintaining independent backups of legally required records.
Backup and Disaster Recovery
Digital Childcare performs routine data backups using secure cloud infrastructure. While reasonable safeguards are implemented, we do not guarantee against data loss or corruption.
Acceptable Use
Customers agree not to:
Upload unlawful or harmful content
Attempt unauthorized system access
Reverse engineer or extract source code
Interfere with Service security or performance
Violation may result in immediate suspension or termination.
Intellectual Property
All software, content, branding, logos, and materials are the exclusive property of Digital Childcare or its licensors.
No rights are granted except for limited use under an active subscription.
Confidentiality
Both parties agree to maintain confidentiality of non-public business, technical, or personal information disclosed during use of the Service.
Disclaimer of Warranties
The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including:
Merchantability
Fitness for a particular purpose
Non-infringement
Uninterrupted or error-free service
Limitation of Liability
To the fullest extent permitted by law:
Digital Childcare shall not be liable for:
Indirect or consequential damages
Loss of profits or revenue
Loss of data
Business interruption
Reputational harm
Regulatory fines imposed on the Customer
Third-party service failures
Total aggregate liability shall not exceed the total fees paid by the Customer in the twelve (12) months preceding the claim.
This limitation does not apply to gross negligence or willful misconduct.
Indemnification
The Customer agrees to indemnify and hold harmless Digital Childcare from claims arising out of:
Customer’s misuse of the Service
Failure to obtain required consents
Violation of applicable laws
Inaccurate or unlawful data entered into the system
Security Incident Notification
In the event of a confirmed data breach affecting Customer data, Digital Childcare will notify the Customer without undue delay in accordance with applicable Canadian privacy laws.
Termination
We may suspend or terminate access:
For violation of these Terms
For non-payment
For security or legal concerns
Upon termination, access will cease, and data handling will follow Section 10.
Dispute Resolution
Any disputes shall be resolved in the Province of Ontario, Canada.
Parties agree to attempt good-faith negotiation prior to litigation.
Disputes shall be brought on an individual basis and not as part of a class action.
Force Majeure
Neither party is liable for delays caused by events beyond reasonable control, including natural disasters, government actions, or infrastructure failures.
Assignment
Customers may not assign their rights or obligations without prior written consent from Digital Childcare.
Modifications to Terms
We may update these Terms periodically. Material changes will be communicated via email or platform notification. Continued use constitutes acceptance.
Entire Agreement
These Terms constitute the entire agreement between the parties and supersede prior agreements.
Contact Information
For questions regarding these Terms or our Privacy Policy:
info@mydigitalchildcare.com
Digital Childcare
Ontario, Canada