Terms of Service

1. Acceptance of Terms

By accessing or using the CubbyPro platform ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Services on behalf of a childcare centre, school, or organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use the Services.

These Terms incorporate by reference our Privacy Policy, Cookie Policy, and Security practices.

2. Description of Services

CubbyPro is a cloud-based childcare management platform that provides tools for Canadian childcare centres, including but not limited to:

• Child attendance tracking and digital check-in/check-out with pickup authorization.
• Daily activity logging including meals, naps, diapers, mood observations, and milestones.
• Parent-teacher communication, messaging, announcements, and photo sharing.
• Billing, automated invoicing, expense tracking, and CRA tax receipt generation.
• Staff scheduling, timesheets, certification tracking, and time-off management.
• CWELCC and CCEYA compliance reporting for Ontario childcare centres.
• AI-powered daily plans aligned to Canadian early learning frameworks (Montessori, ELECT, Flight, ELF).
• AI-powered centre management with smart alerts and automated reporting.
• Admissions pipeline and waitlist management.
• Curriculum progress tracking and parent progress reports.
• Incident reporting, documentation, and immunization tracking.
• Calendar, event management, and ICS feed integration.
• Classroom kiosk mode for iPad-based check-in devices.

We reserve the right to modify, enhance, or discontinue features of the Services at any time with reasonable notice.

3. User Accounts and Registration

• Childcare centres are onboarded by CubbyPro. Individual teacher, staff, and parent accounts are created by centre directors through invitation.
• You are responsible for maintaining the confidentiality of your account credentials, including passwords and PINs.
• You must provide accurate and complete information during registration and keep your information up to date.
• You must notify us immediately of any unauthorized use of your account.
• You must be at least 18 years of age to create a director or staff account.
• You are responsible for all activities that occur under your account.

4. Acceptable Use

You agree to use the Services only for lawful purposes related to childcare management. You agree not to upload, post, transmit, share, store, or otherwise make available any content, or engage in any conduct, that we determine in our sole discretion to be:

• Unlawful, harmful, abusive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
• Sexually explicit, pornographic, or that depicts nudity, sexualization, or exploitation of any individual — particularly any minor.
• Violent, hateful, discriminatory, or that promotes harm to any person or group.
• Depicting or concerning any child other than a child lawfully enrolled at your centre and for whom appropriate parental or guardian consent has been obtained.
• Infringing any intellectual property, privacy, publicity, or other right of any third party.
• A violation of any applicable federal, provincial, or municipal law or regulation.

You further agree not to:

• Share your account credentials, PINs, or kiosk tokens with unauthorized individuals.
• Attempt to access data belonging to other centres, users, children, or tenants.
• Reverse engineer, decompile, or attempt to derive the source code of the Services.
• Use automated tools to access or extract data from the Services.
• Interfere with or disrupt the integrity, security, or performance of the Services.
• Resell, sublicense, or commercially exploit the Services without our prior written consent.

We maintain strict standards for content and conduct and will take action on violations we consider appropriate. We reserve the right to determine, in our sole discretion, what constitutes a violation of these Terms.

5. User Content, Moderation, and Removal

Your Content. You retain ownership of photos, videos, messages, observations, and other content you upload ("User Content"). You grant CubbyPro a limited, non-exclusive, royalty-free licence to host, store, process, transmit, display, and back up your User Content solely for the purpose of operating the Services and complying with applicable law.

Your Representations. You represent and warrant that, for all User Content you upload, you own the content or have all necessary rights and consents to upload it, and that the content does not violate any law, regulation, or third-party right. For any image or video of a child, you represent and warrant that you or the centre have obtained and retained all parental or guardian consents required by applicable law.

Centre Director Responsibility. Centre directors and administrators are responsible for managing all content and user activity within their centre on CubbyPro. This includes ensuring that uploaded content is appropriate for a childcare setting, removing inappropriate material, and revoking access for users who violate centre policies.

Our Right to Moderate. We reserve the right, but have no obligation, to review, monitor, or remove any User Content at any time, without notice, for any reason, including content we consider to violate these Terms or pose a risk to users. We make no commitment to pre-screen User Content, and the absence of action regarding any content is not an endorsement of it.

Reporting Objectionable Content. Users may report objectionable content by contacting their centre director or emailing support@cubbypro.com. In-app reporting tools are being rolled out progressively and will be available to additional users as features ship. We commit to reviewing all reports and taking action we consider appropriate — which may include content removal, user warning, account suspension, or account termination — within twenty-four (24) hours of receiving the report.

Blocking Users. Users may request to restrict interactions with other users by contacting their centre director or CubbyPro support. In-app blocking tools are being rolled out progressively. Centre directors may revoke another user's access within their centre at any time.

Account Termination. We may suspend or terminate any account for violation of these Terms, at our sole discretion, with or without notice.

6. Illegal Content and Child Safety

You must not upload, transmit, store, or share any content that depicts, promotes, or facilitates the sexual abuse, sexual exploitation, or other abuse of any child, or any content that is otherwise unlawful under Canadian law.

Where we become aware of suspected illegal content, we will:

• Report it to appropriate authorities as required by applicable Canadian law.
• Preserve content, metadata, and account records as required by law or as we consider reasonably necessary for investigation.
• Cooperate with law enforcement, child protection authorities, and applicable regulatory bodies.
• Disclose account information, User Content, and related records in response to valid legal process, or where we consider disclosure necessary to prevent harm.

Accounts associated with the upload, transmission, or solicitation of such content will be terminated immediately and without notice, and the individuals involved may be reported to authorities.

You agree not to hold CubbyPro liable for any action taken in good faith to detect, report, preserve, or remove illegal content, or to cooperate with authorities.

6A. Copyright Complaints

CubbyPro respects the intellectual property rights of others. If you believe that material on the Services infringes a copyright you own or control, you may send a notice of infringement to our designated agent. Notices should include: (i) a description of the copyrighted work, (ii) the location of the allegedly infringing material on the Services, (iii) your contact information, (iv) a statement that you have a good-faith belief that the use is not authorized, and (v) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the owner.

Send notices to: support@cubbypro.com (subject line: "Copyright Notice"), or by mail to the address in Section 22. We may remove or disable access to allegedly infringing material and may terminate the accounts of repeat infringers. Submitting a false notice may result in liability under applicable law.

7. Data Ownership and Portability

• Your Data Belongs to You. All child records, attendance data, activity logs, messages, photos, financial records, and other content you create through the Services remain your property.
• We claim no ownership over your data. We will not use your data for any purpose other than delivering and securing the Services, troubleshooting, improving features using aggregated or de-identified data, or as required by law. Customer Data is not used to train general-purpose AI models.
• You grant us a limited, non-exclusive license to store, process, transmit, and display your data solely to operate the platform and provide the Services.
• You may export your data at any time in CSV or PDF format through the platform's built-in export tools.
• Upon account termination, you may request a complete data export. We will make your data available for download for 30 days following termination.

8. Data Processing

Where CubbyPro processes personal information on behalf of a childcare centre or organization in the course of providing the Services, CubbyPro acts as a service provider under applicable Canadian privacy laws. Customers may request a copy of our Data Processing Agreement by contacting privacy@cubbypro.com. Where a signed Data Processing Agreement is in place, it governs the processing of Customer Data and prevails in the event of conflict with these Terms.

9. Subscription Plans and Pricing

• CubbyPro offers free and paid subscription plans. The Starter plan is free for centres with up to 5 active children. Paid plans (Professional, Enterprise) are priced per active child per month, with an optional base fee for Enterprise. Current pricing and plan details are available at cubbypro.com.
• Paid subscriptions may be billed monthly or yearly. Yearly subscriptions receive a discount off the equivalent monthly rate; the current yearly discount is disclosed at checkout.
• For per-child pricing, the monthly bill is calculated based on the count of active children at the time of invoicing. Archived children are not billed. Adding or archiving children during a billing period may adjust your next invoice.
• All prices are in Canadian Dollars (CAD) and may be subject to applicable taxes (HST/GST).
• We reserve the right to change pricing with at least 30 days' written notice to existing subscribers. Price changes take effect at the start of the next billing cycle.
• You may change your plan at any time. Plan changes may include proration, and the effect on your next invoice is previewed in the app before you confirm.
• Cancellation takes effect at the end of the current billing period. Your data is retained as described in our Privacy Policy, and you may reactivate before data is purged.
• Complimentary or negotiated pricing may be offered at CubbyPro's discretion and is governed by the terms of the specific arrangement.
• Refunds are handled on a case-by-case basis. Contact billing@cubbypro.com for refund requests.

10. Payments Processed Through the Platform

Certain features enable centres to collect tuition and fees from parents through a third-party payment processor. Your use of these features is subject to the applicable payment processor's terms, which you agree to by enabling the feature.

• Role of CubbyPro. CubbyPro facilitates the connection between the centre and the payment processor. CubbyPro does not hold funds and is not the merchant of record for any transaction.
• Refunds and Chargebacks. Refunds are at the discretion of the centre. Chargebacks, reversals, and related losses are the responsibility of the centre. CubbyPro is not a party to disputes between a centre and a parent regarding tuition, fees, or refunds.
• Taxes. Centres are solely responsible for determining, collecting, and remitting applicable taxes on their transactions.
• Fees. CubbyPro may charge a processing markup in addition to payment-processor fees, disclosed at the time the feature is enabled.

11. Service Availability and Support

We strive to maintain high availability of the Services and may perform scheduled maintenance with reasonable notice. Specific service-level commitments, where offered, are addressed in separate agreements with Enterprise customers.

We are not liable for service interruptions caused by factors beyond our reasonable control, including internet outages, cloud infrastructure disruptions, denial-of-service attacks, natural disasters, epidemics, labour disputes, or government actions.

Support is available via the in-app help centre and at support@cubbypro.com.

12. Intellectual Property

The CubbyPro platform, including its design, source code, user interface, logos, trademarks, documentation, and all related intellectual property, is owned by CubbyPro. You may not copy, modify, distribute, sell, or create derivative works based on any part of the platform without our prior written consent. You retain all rights to your data as described in Section 7.

13. AI-Generated Content

CubbyPro offers AI-powered features that generate content such as daily plans and management insights. You acknowledge that:

• AI-generated content is provided as suggestions and must be reviewed and approved by authorized staff before use.
• CubbyPro does not guarantee the accuracy, completeness, or appropriateness of AI-generated content.
• You are solely responsible for reviewing and approving all AI-generated content before it is shared with parents or used in your programme.
• AI features are optional and may be disabled at the centre level.

14. Privacy

Your use of the Services is governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Services, you consent to our data practices as described in the Privacy Policy. For information about cookies, see our Cookie Policy.

15. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Services.
• Our total aggregate liability for any claims arising from or related to the Services shall not exceed the greater of (a) one hundred Canadian dollars (CAD $100), or (b) the total amount you paid to CubbyPro in the 12 months preceding the event giving rise to the claim.
• We are not responsible for decisions made based on data in the platform, including but not limited to staffing ratios, billing calculations, compliance filings, or AI-generated content.

AI-Generated Content. You acknowledge that AI-generated content — including daily plans, compliance-report suggestions, management insights, and any other automated output — is provided as a tool to assist authorized human decision-makers. CubbyPro does not guarantee the accuracy, completeness, regulatory compliance, or suitability of AI-generated content. You are solely responsible for reviewing and approving all AI-generated content before relying on it, sharing it with parents, submitting it to regulators, or using it in your programme. CubbyPro disclaims all liability for decisions, filings, or actions based on AI-generated content.

Consumer Protection. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable consumer protection law. Where any provision of this Section is found unenforceable against a consumer, the remaining provisions remain in effect to the fullest extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless CubbyPro, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Services.
• Your User Content, including any claim that your User Content is unlawful or infringes a third party's rights.
• Your violation of these Terms or any applicable law.
• Any decision made or action taken based on AI-generated content.
• Any dispute between you and another user, centre, parent, or third party arising from your use of the Services.

17. Termination

• You may close your account at any time by contacting us at support@cubbypro.com.
• We may suspend or terminate accounts that violate these Terms, with notice where practicable.
• Upon termination, your data will be available for export for 30 days, then permanently deleted within a reasonable period (subject to regulatory retention requirements as described in our Privacy Policy).
• Sections that by their nature should survive termination will survive, including Sections 4, 5, 6, 6A, 7, 8, 12, 13, 15, 16, 18, and 21.

18. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or the Services shall be resolved exclusively in the courts of the Province of Ontario, Canada.

19. Force Majeure

Neither party is liable for any failure or delay in performance (except payment obligations) to the extent the failure or delay results from circumstances beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labour disputes, government actions, internet or telecommunications outages, power failures, or failures of third-party infrastructure providers.

20. Changes to Terms

We may update these Terms from time to time. We will notify registered users of material changes via email or in-app notification at least 30 days before they take effect, except where a shorter period is required by law. Continued use of the Services after changes constitutes acceptance of the updated Terms. The most current version will always be available at cubbypro.com/terms.

21. Miscellaneous

• Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and Security page (and any applicable Data Processing Agreement), constitute the entire agreement between you and CubbyPro regarding the Services and supersede all prior agreements.
• Severability. If any provision is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
• No Waiver. Our failure to enforce any provision does not waive our right to enforce it later.
• Assignment. You may not assign these Terms without our prior written consent. CubbyPro may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
• Notices. Notices to CubbyPro must be sent to the address in Section 22. Notices to you may be given by email, in-app notification, or posting on the Services.
• Relationship of Parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
• No Third-Party Beneficiaries. These Terms do not create any rights in favour of any third party.
• Language. The parties have expressly requested that these Terms be drafted in English. Les parties ont expressément exigé que les présentes conditions soient rédigées en anglais.

22. Third-Party Artwork

Emoji artwork in the Services is provided by Twemoji, licensed under CC-BY 4.0.

23. Contact Us

If you have questions about these Terms of Service, contact us at:

CubbyPro
Office 184, 145 1/2 Church Street, Unit 5
Toronto, Ontario M5B 1Y4, Canada
Email: support@cubbypro.com
Billing: billing@cubbypro.com