Terms of Service

Effective Date: January 15, 2025
Last Updated: January 15, 2025
Version: 1.1

DaycareLocator is operated by Ioxir Inc., a federally incorporated Canadian company.

1. Agreement to Terms

By accessing or using DaycareLocator ("Service," "Platform," "we," "our," or "us"), operated by Ioxir Inc., you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use our Service.

Age Requirement: You must be at least 18 years old to use this Service. If you are using this Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

Jurisdiction: These Terms are governed by the laws of Ontario, Canada, and applicable federal Canadian laws. Any disputes will be resolved in the courts of Ontario.

2. Description of Service

2.1 Platform Overview

DaycareLocator is a directory service and SaaS platform that connects parents with licensed daycare providers. We provide:

Directory Services: Searchable database of licensed daycare facilities
Verification Services: Background checks and license verification for daycare providers
Communication Tools: Inquiry forms, messaging, and tour booking systems
Business Tools: Management dashboard for daycare providers
Subscription Services: Premium features for enhanced listings and analytics

2.2 Important Disclaimers

⚠️ DIRECTORY SERVICE ONLY: We are a directory and communication platform. We DO NOT:

Operate, manage, or supervise any daycare facilities
Employ or train daycare staff
Guarantee the quality, safety, or suitability of any daycare provider
Provide childcare services directly
Act as an agent or representative of any daycare provider

⚠️ VERIFICATION LIMITATIONS: Our verification services have specific scope and limitations (see Section 8).

⚠️ PARENTAL RESPONSIBILITY: You are solely responsible for evaluating and selecting appropriate childcare services. We strongly recommend conducting your own due diligence, including visits, reference checks, and license verification.

3. User Accounts and Registration

3.1 Account Types

Parent/Guardian Accounts: For families seeking daycare services Daycare Provider Accounts: For licensed childcare businesses Organization Accounts: For multi-location daycare operations

3.2 Account Requirements

Accurate Information: You must provide truthful and current information
Age Verification: You must be 18+ years old to create an account
License Verification: Daycare providers must provide valid licensing information
Contact Information: Maintain current and working contact details

3.3 Account Security

Password Security: Maintain strong, unique passwords
Account Sharing: Do not share account credentials
Unauthorized Use: Notify us immediately of any unauthorized access
Termination: We may suspend or terminate accounts for violations of these Terms

3.4 Children's Information

No Child Accounts: Children cannot create accounts or use the Service directly
Parental Oversight: Parents are responsible for all activity related to their children's information
Limited Collection: We collect minimal information about children only for daycare matching purposes

4. Subscription Plans and Billing

4.1 Subscription Tiers

Free Plan: Basic directory access for parents (always available) Paid Plans: Enhanced features, analytics, and premium services as detailed on our pricing page Enterprise Plan: Custom pricing for large daycare organizations

For current pricing information, please visit our pricing page.

4.2 Billing Terms

Payment Processing: Payments processed securely through Stripe
Billing Cycle: Monthly or annual billing as selected
Auto-Renewal: Subscriptions automatically renew unless cancelled
Price Changes: 30-day notice for subscription price changes
Taxes: Applicable taxes added to subscription fees

4.3 Free Trial and Cancellation

Free Trial: 14-day free trial for paid plans (credit card required)
Cancellation: Cancel anytime through account settings
Effective Date: Cancellation effective at end of current billing period
Data Retention: Account data retained for 30 days after cancellation

4.4 Refunds

Trial Period: Full refund if cancelled within 14-day trial
No Mid-Cycle Refunds: No prorated refunds for partial months
Service Interruption: Refunds may be provided for significant service outages
Dispute Resolution: Contact support for billing disputes

5. Acceptable Use Policy

5.1 Permitted Uses

Legitimate Childcare Needs: Using the platform to find or promote licensed daycare services
Professional Communication: Appropriate business communication between parents and providers
Accurate Information: Providing truthful information in profiles and communications

5.2 Prohibited Uses

Child Safety Violations:

Any content that could endanger children or violate child protection laws
Inappropriate images or descriptions involving children
Attempts to contact children directly through the platform

Platform Abuse:

Creating fake accounts or providing false information
Spamming, harassment, or inappropriate communication
Attempting to bypass subscription restrictions or access controls
Reverse engineering, scraping, or unauthorized data extraction

Legal Violations:

Any illegal activity or content
Violation of privacy laws or unauthorized data collection
Copyright infringement or intellectual property violations
Fraudulent activities or misrepresentation

Business Misuse:

Advertising non-childcare services
Competing platform promotion
Soliciting users for unrelated services

5.3 Enforcement

Content Monitoring: We reserve the right to monitor and review content
Account Suspension: Violating users may have accounts suspended or terminated
Content Removal: We may remove content that violates these Terms
Legal Action: Serious violations may result in legal action

6. Content and Intellectual Property

6.1 User Content

Your Content: You retain ownership of content you submit (profiles, photos, descriptions) License to Us: You grant us a license to use your content to provide the Service Content Standards: All content must be accurate, appropriate, and legal Content Responsibility: You are responsible for your content and its compliance with laws

6.2 Platform Content

Our Intellectual Property: The platform, design, software, and branding are our property Licensed Use: You may use the platform only as intended for personal or business childcare needs Restrictions: No copying, distributing, or creating derivative works without permission

6.3 Third-Party Content

Government Data: Some content sourced from public government databases (licensing information) User-Generated: Reviews, photos, and descriptions provided by users No Endorsement: Third-party content does not constitute our endorsement

6.4 Copyright Policy

DMCA Compliance: We respond to valid copyright infringement notices Counter-Notices: Procedures available for disputed takedown requests Repeat Infringers: Accounts may be terminated for repeated violations

7. Privacy and Data Protection

7.1 Privacy Policy

Our Privacy Policy (incorporated by reference) explains how we collect, use, and protect your information. Key points:

Children's Privacy: Special protections for children's information
Consent: Clear consent for data collection and use
User Rights: Access, correction, and deletion rights
Security: Industry-standard security measures

7.2 Data Sharing

Between Users: We facilitate communication between parents and daycare providers Service Providers: We share data with essential service providers (payment processing, hosting) Legal Requirements: We may disclose information when required by law No Sale: We do not sell personal information to third parties

7.3 International Transfers

Canadian Primary: Data primarily stored and processed in Canada International Services: Some services may involve international data transfers Adequate Protection: All transfers include appropriate safeguards

8. License Information and Directory Data

8.1 Government Data

License Information: We display publicly available government licensing data for daycare providers Data Sources: Information sourced from government databases and licensing authorities Updates: We periodically update data from official sources but cannot guarantee real-time accuracy

8.2 Limitations and Disclaimers

⚠️ IMPORTANT DISCLAIMERS:

Not a Guarantee: Listed information does not guarantee safety, quality, or current status
Point-in-Time: Information reflects data available at time of collection
Government Authority: Official licensing verification should be done through government authorities
No Liability: We are not liable for accuracy of government-sourced information
User Responsibility: Always verify current license status independently before selecting care

9. Disclaimers and Limitations of Liability

9.1 Service Disclaimers

AS-IS BASIS: The Service is provided "as is" and "as available" without warranties of any kind.

NO WARRANTIES: We disclaim all warranties, including:

Merchantability, fitness for a particular purpose
Accuracy, completeness, or reliability of information
Uninterrupted or error-free operation
Security or freedom from viruses or harmful components

9.2 Childcare Disclaimers

⚠️ CRITICAL CHILDCARE DISCLAIMERS:

NO SUPERVISION: We do not supervise, monitor, or oversee any daycare providers
NO QUALITY GUARANTEE: We make no representations about the quality, safety, or suitability of any daycare
INDEPENDENT CONTRACTORS: Daycare providers are independent businesses, not our employees or agents
PARENTAL RESPONSIBILITY: Parents are solely responsible for evaluating and selecting childcare providers
DUE DILIGENCE REQUIRED: You must conduct your own investigation, including site visits and reference checks

9.3 Limitations of Liability

MAXIMUM LIABILITY: Our total liability to you for any claims is limited to the greater of (a) $100 CAD or (b) the amount you paid us in the 12 months preceding the claim.

EXCLUDED DAMAGES: We are not liable for:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, data, use, goodwill, or other intangible losses
Damages resulting from your use of or inability to use the Service
Any conduct or content of any third party on the Service

9.4 Indemnification

Your Indemnification: You agree to indemnify and hold us harmless from claims arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another party
Your content or activities on the platform

10. Term and Termination

10.1 Term

These Terms remain in effect while you use the Service. Specific provisions survive termination as described below.

10.2 Termination by You

Account Closure: You may close your account at any time through account settings
Subscription Cancellation: Cancel paid subscriptions with effect at end of billing period
Data Download: Download your data before termination

10.3 Termination by Us

We may terminate or suspend your account immediately for:

Violation of these Terms or our policies
Suspected fraudulent, abusive, or illegal activity
Extended periods of inactivity
Court orders or legal requirements

10.4 Effects of Termination

Access Cessation: Immediate loss of access to the Service Data Retention: We may retain some information as required by law or for legitimate business purposes Surviving Provisions: Disclaimers, liability limitations, indemnification, and dispute resolution survive termination

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law provisions.

11.2 Jurisdiction

Court Jurisdiction: Ontario courts have exclusive jurisdiction over disputes Location: Legal proceedings must be brought in Toronto, Ontario Waiver: You waive any objection to venue or jurisdiction in Ontario courts

11.3 Dispute Resolution Process

Step 1 - Direct Resolution: Contact our support team to resolve disputes Step 2 - Mediation: If direct resolution fails, participate in mediation Step 3 - Litigation: Court proceedings as last resort

11.4 Class Action Waiver

Individual Claims: All disputes must be brought individually, not as class actions No Class Actions: You waive the right to participate in class action lawsuits Opt-Out: You may opt out of this waiver by contacting us within 30 days of account creation Severability: If this class action waiver is found unenforceable in your jurisdiction, it shall be severed from these Terms without affecting the validity of the remaining provisions

12. Changes to Terms

12.1 Modification Rights

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the platform.

12.2 Notification

Material Changes: We will notify users of material changes via email and platform notifications Minor Changes: Clarifications and minor updates may be posted without additional notification Review Responsibility: You are responsible for regularly reviewing these Terms

12.3 Acceptance

Continued Use: Continued use of the Service after changes constitutes acceptance Objection: If you object to changes, your sole remedy is to stop using the Service

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and us.

13.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

13.3 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

13.4 Assignment

Your Rights: You may not assign your rights under these Terms without our written consent Our Rights: We may assign our rights and obligations under these Terms without restriction

13.5 Force Majeure

We are not liable for any failure to perform due to circumstances beyond our reasonable control.

14. Contact Information

14.1 General Contact

Support: support@daycarelocator.com
Business Address: Ioxir Inc., Toronto, ON, Canada

14.2 Legal Notices

Legal Department: legal@daycarelocator.com
Mail: Legal Department, Ioxir Inc., Toronto, ON, Canada

14.3 Emergency Contacts

Child Safety Concerns: Report immediately to local authorities (911) and Children's Aid Society Data Breach: security@daycarelocator.com Platform Abuse: abuse@daycarelocator.com

15. Definitions

"Service" or "Platform": The DaycareLocator website, mobile application, and related services "User": Any person using the Service, including parents and daycare providers "Content": Any information, text, graphics, photos, or other materials uploaded or shared on the platform "Account": Your registered account on the platform "Verification": Our background check and credential verification services "Subscription": Paid service plans with enhanced features

ACKNOWLEDGMENT

By using DaycareLocator, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you understand the limitations of our Service and your responsibilities as a user.

Document Prepared: January 2025
Legal Review: Required before platform launch
Next Review: January 2026

⚠️ IMPORTANT REMINDER: This platform is a directory service only. We do not provide childcare services directly. Always conduct thorough due diligence when selecting childcare providers, including site visits, reference checks, and license verification with government authorities.