Terms of Service

1. Acceptance of Terms

These Terms govern your use of the CubbyBook application at app.cubbybook.com ("the Service"), operated by Valentyx ("we", "us", "our"). By creating an account or using the Service, you agree to be bound by them. If you do not agree, do not use the Service.

These Terms also cover any daycare website you publish at daycares.cubbybook.com. Browsing our public website at cubbybook.com does not require you to accept these Terms. Information collected there is covered by our Privacy Policy.

2. Description of Service

CubbyBook is a web-based daycare management platform that provides attendance tracking, daily reports, incident reports, enrollment management, and parent communication tools for home child care providers and agencies. It also includes a website builder that lets you publish a public website for your daycare.

CubbyBook is intended for maintaining child care records. If you use the Service to maintain records about any other individual in your care, the obligations in these Terms apply equally to that individual and to the person authorized to consent on their behalf.

3. Accounts

You are responsible for maintaining the confidentiality of your account credentials. You agree to provide accurate, current, and complete information during registration. You are responsible for all activities that occur under your account.

You must be at least 18 years old to create an account. If you are creating an account on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

You agree to notify us promptly at support@cubbybook.com if you suspect any unauthorized access to your account, any loss or compromise of your credentials, or any other security incident affecting records held in CubbyBook.

4. Free and Paid Plans

CubbyBook offers a free plan and paid plans (Pro and Agency). The free plan is available indefinitely with no credit card required. Paid plans are billed monthly or annually as selected at the time of purchase. Payments are processed by Stripe.

You may cancel your paid subscription at any time. Upon cancellation, you retain access to your paid features until the end of the current billing period. Your data remains accessible on the free plan after downgrading.

We reserve the right to modify pricing with 30 days' notice. Price changes do not apply to current billing periods.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to other accounts or systems
• Use the Service to store or transmit content that infringes on intellectual property rights
• Resell, sublicense, or redistribute the Service without our written consent
• Use automated tools to scrape, harvest, or extract data from the Service
• Use the Service, or data obtained through it, to develop a competing product
• Submit children's personal information, health information, or care records through support channels, including live chat

6. Your Data

You retain ownership of all data you upload to CubbyBook. We do not claim any ownership rights over your content. You grant us a limited license to process your data solely for the purpose of providing the Service.

Child and guardian information. You represent that you have the authority to enter and store the information you upload, including personal information relating to children or other individuals in your care, and that you have obtained any consent required from parents or guardians under applicable law. You are responsible for informing guardians that their child's records are maintained using CubbyBook. When you invite a guardian to the Service, you confirm that you have their permission to provide us with their contact details and that they are authorized to access that child's records.

Enquiries. Enquiries submitted through your daycare website are stored in your account and are yours to manage. You are responsible for handling them in accordance with applicable privacy law, including responding to any request from an enquirer to access or delete their information.

Requests from guardians. You are responsible for responding to requests from a child's guardians about the records you maintain, including requests for access, correction, or deletion, and for determining what your licensing and record-keeping obligations permit. Where you instruct us to delete a record, we will act on that instruction subject to the retention periods described in our Privacy Policy. We do not delete a child's record without the responsible educator's instruction.

Support channels. Live chat and email support are not part of your records and must not be used to transmit child care records. Information you send through support is handled as described in our Privacy Policy.

You may export your data at any time using the built-in export features. Upon account deletion, your data will be permanently removed within 90 days, except where longer retention is required by law or by child care record-keeping regulations.

For details on how we handle your data, please see our Privacy Policy.

7. Daycare Websites

The Service allows you to publish a public website for your daycare at daycares.cubbybook.com. You are the author and publisher of that website. You are responsible for its content and for keeping it accurate.

You agree that content you publish will not:

• be unlawful, defamatory, or infringing of anyone's rights
• misstate your licensing, accreditation, insurance, capacity, or qualifications
• impersonate another business or individual
• include a photograph or other identifying information of a child unless you have obtained consent from that child's parent or guardian for public display

You confirm that you hold the rights to all logos, photographs, and other material you upload, and you grant us the limited licence needed to host and display them.

We may remove or disable any content, take down a daycare website, or suspend or terminate an account, at our discretion and without notice, where we believe content breaches these Terms or where we receive a credible complaint. We may also reclaim or reassign a website address, including one that impersonates another business.

We host daycare websites but do not create, verify, monitor, or endorse their content. Enquiries submitted through a form on your daycare website are delivered to you, and you are responsible for handling that information in accordance with applicable privacy law.

8. Compliance & Records

CubbyBook provides tools to help you maintain compliance with child care regulations. However, compliance with applicable laws and regulations (including but not limited to licensing requirements, record-keeping obligations, and reporting mandates) remains your responsibility. CubbyBook is a tool and is not a substitute for legal or regulatory advice.

9. No Medical Advice or Reliance

CubbyBook is a record-keeping tool. It is not a medical device and does not provide medical advice, diagnosis, or treatment. Allergy, dietary, and medical information stored in CubbyBook is entered by you and is only as accurate and current as you make it.

Do not rely on CubbyBook as your sole source of allergy, dietary, or medical information for a child or other individual in your care, and do not rely on it in an emergency. You are responsible for maintaining whatever independent records and procedures your circumstances and regulations require.

10. Service Availability

We strive to maintain high availability of the Service, but we do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice. We are not liable for any downtime, data loss, or service interruptions caused by circumstances beyond our reasonable control, including failures, changes, or interruptions in third-party services on which the Service depends.

11. Disclaimer of Warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that your use of the Service will satisfy or ensure compliance with any legal or regulatory obligation, or that the Service will be uninterrupted or error-free.

12. Intellectual Property

CubbyBook, including its design, code, features, and branding, is the intellectual property of Valentyx. You may not copy, modify, distribute, or create derivative works based on the Service without our written consent.

13. Indemnification

You will indemnify, defend, and hold harmless Valentyx and its owners, employees, and contractors against any third-party claim, demand, suit, or proceeding, and any resulting damages, costs, and reasonable legal fees, arising from:

• the information you enter into CubbyBook, including personal information relating to children, other individuals in your care, and guardians;
• your failure to obtain any consent required from a parent or guardian;
• content you publish on a daycare website, including photographs of children;
• your use of the Service in violation of these Terms or applicable law; or
• your failure to comply with child care licensing, record-keeping, or reporting obligations.

This does not apply to the extent a claim arises from our own negligence or wilful misconduct, or where you are prohibited by statute from providing such indemnity.

14. Limitation of Liability

To the maximum extent permitted by law, Valentyx shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

15. Termination

We may suspend or terminate your account if you violate these terms. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately, and your data will be handled according to our Privacy Policy.

16. Changes to Terms

We may update these Terms of Service from time to time. We will notify you of material changes by posting the updated terms on this page and updating the "Last updated" date, and where the change is material we may require you to accept the updated terms when you next sign in. Your continued use of the Service after changes constitutes acceptance of the updated terms.

17. Governing Law

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

18. Contact Us

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

Email: support@cubbybook.com

Company: Valentyx