Terms of Service
Last Updated: January 27, 2026
These Terms of Service ("Terms") govern access to and use of the Day Guardian websites, applications, software, and related services (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have authority to bind that organization.
1. Definitions
"Customer" means a family day home agency, licensed childcare centre, or other organization subscribing to the Services.
"Authorized Users" means individuals authorized by a Customer to access and use the Services under its account.
"Customer Data" means all data, content, records, personal information, and materials submitted to the Services by or on behalf of a Customer or its Authorized Users.
"Documentation" means user guides, support materials, help centre resources, and related policies made available by Day Guardian.
"Services" means the Day Guardian platform, including websites, applications, software tools, and related features.
"Third-Party Products" means third-party services, integrations, or applications that interoperate with the Services.
2. Subscription and Use
2.1 License Grant
Subject to these Terms and any applicable agreement or order form, Day Guardian grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the subscription term.
2.2 Acceptable Use
Customers and Authorized Users must use the Services in accordance with applicable laws, childcare regulations, privacy laws, and the Documentation.
You agree not to:
- Attempt unauthorized access to systems or accounts
- Reverse engineer or attempt to extract source code
- Introduce malware or harmful code
- Interfere with system performance or integrity
- Use the Services in violation of child privacy or protection laws
Customers remain responsible for compliance with all applicable childcare licensing requirements.
2.3 Account Responsibility
Customers are responsible for maintaining account confidentiality and for all activities under their accounts.
2.4 Third-Party Products
Use of Third-Party Products is governed by their respective terms. Day Guardian is not responsible for third-party content, security, or availability. You authorize us to share necessary Customer Data solely to enable approved integrations.
2.5 Beta and Evaluation Features
Beta or evaluation features are provided "as is," may be modified or discontinued at any time, and may not be fully supported.
3. Customer Data & Data Processing
Customers retain ownership of their Customer Data.
You grant Day Guardian a limited, worldwide license to host, process, store, transmit, and display Customer Data solely to:
- Provide and maintain the Services
- Improve functionality
- Ensure security and compliance
Customers are responsible for obtaining all legally required consents from parents, guardians, employees, and Authorized Users.
Day Guardian processes personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation.
If required, the parties may enter into a separate Data Processing Addendum.
4. Security
Day Guardian implements reasonable administrative, technical, and organizational safeguards designed to protect Customer Data, including access controls and encryption protocols.
However, no system can guarantee absolute security. Customers acknowledge this inherent risk.
5. Service Availability & Modifications
We strive to maintain reliable service but do not guarantee uninterrupted or error-free operation.
We may:
- Modify features
- Release updates
- Discontinue certain functionalities
- Perform scheduled maintenance
Where feasible, we will provide advance notice of material service interruptions.
6. Fees, Billing, and Taxes
Fees are defined in the applicable order form or agreement.
Customers are responsible for all applicable taxes.
Fees are non-refundable unless expressly agreed in writing.
Failure to pay fees may result in suspension or termination of access.
7. Confidentiality
Each party may receive confidential information from the other.
Each party agrees to:
- Use confidential information solely for purposes of these Terms
- Protect such information using reasonable safeguards
Confidential information does not include information that is:
- Publicly available
- Lawfully obtained from another source
- Independently developed
- Required to be disclosed by law
8. Intellectual Property
Day Guardian retains all right, title, and interest in and to:
- The Services
- Documentation
- Software
- Branding and trademarks
No rights are granted except those expressly stated.
Customers may not copy, distribute, or create derivative works of the Services without authorization.
9. Warranties and Disclaimers
The Services are provided "as is" and "as available."
To the fullest extent permitted by law, Day Guardian disclaims all warranties, express or implied, including:
- Merchantability
- Fitness for a particular purpose
- Non-infringement
We do not guarantee:
- Continuous availability
- Error-free performance
- Complete security
10. Indemnification
The Customer agrees to indemnify, defend, and hold harmless Day Guardian and its affiliates from claims arising out of:
- Misuse of the Services
- Violation of these Terms
- Breach of applicable laws
- Failure to obtain required consents
11. Limitation of Liability
To the fullest extent permitted by law:
Day Guardian shall not be liable for indirect, incidental, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, or goodwill.
Day Guardian's total aggregate liability shall not exceed the total fees paid by the Customer in the twelve (12) months preceding the claim.
12. Term and Termination
These Terms remain in effect during active use of the Services.
We may suspend or terminate access if:
- Terms are violated
- Fees are unpaid
- Required by law
Upon termination:
- Access rights immediately cease
- Customer remains responsible for outstanding payments
- Sections relating to confidentiality, liability, intellectual property, and indemnification survive
13. Force Majeure
Day Guardian shall not be liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, governmental actions, power failures, internet disruptions, labour disputes, or acts of third parties.
14. Changes to Terms
We may update these Terms periodically.
If material changes are made, we will update the "Last Updated" date and post revised Terms on our website.
Continued use of the Services constitutes acceptance of updated Terms.
15. General Provisions
15.1 Governing Law
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein.
15.2 Assignment
Customers may not assign these Terms without written consent.
Day Guardian may assign these Terms in connection with corporate restructuring, merger, or sale.
15.3 Severability
If any provision is unenforceable, the remainder shall remain in effect.
15.4 Notices
Notices may be delivered electronically through the platform or via email.