Terms of Service

These Terms of Service ("Terms") govern access to and use of the Kindersurf platform, website, dashboards, applications, and related services operated by Kindersurf Technologies Inc. ("Kindersurf," "we," "us," or "our").

By accessing or using Kindersurf, you agree to these Terms. If you do not agree, you must not use the platform.

1. Acceptance of Terms

By creating an account, accessing the platform, or using any Kindersurf service, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. Both must be accepted to create an account.

2. Platform Overview

Kindersurf is a childcare technology platform designed to:

• Facilitate daycare discovery and marketplace visibility
• Support waitlist management for parents and operators
• Enable daycare tour bookings
• Provide operational workflows for daycare operators
• Deliver AI-assisted recommendations and analytics
• Provide software tools for daycare operators

Kindersurf is not a daycare provider.

3. Eligibility

Users must be legally capable of entering binding agreements and at least 18 years of age. By using the platform, you represent that all information you provide is accurate, you are authorized to submit any information provided, and you will use the platform lawfully.

4. Accounts

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity occurring under your account
• Notifying us immediately of any unauthorized account use

Kindersurf may suspend or terminate accounts where necessary to protect platform integrity.

5. Parent Responsibilities

Parents and guardians are solely responsible for:

• Verifying daycare suitability independently
• Evaluating daycare providers before making childcare decisions
• Ensuring submitted child information is accurate
• Maintaining account credential confidentiality
• Complying with all applicable laws

Parents acknowledge that waitlist placement and daycare admission decisions are controlled solely by independent daycare providers. Kindersurf has no role in admission outcomes.

6. Daycare Operator Responsibilities

Daycare operators are solely responsible for:

• The accuracy and currency of all listing information
• Licensing compliance and regulatory obligations
• Childcare services, staffing, and operational practices
• Waitlist decisions, communications, and scheduling
• Childcare outcomes and provider conduct

Daycare operators agree not to submit false, misleading, or inaccurate information.

7. Marketplace Disclaimer

Kindersurf operates solely as a technology platform and marketplace. Kindersurf:

• Does not employ childcare staff
• Does not supervise childcare services
• Does not guarantee placements or admissions
• Does not guarantee listing accuracy
• Does not guarantee childcare quality or outcomes

All interactions between parents and daycare providers occur independently. Kindersurf is not a party to any agreement between parents and daycare operators.

8. Waitlist Functionality

Waitlist systems are provided for organizational and operational purposes only. Waitlist visibility, prioritization, admission decisions, and communications are determined exclusively by daycare operators. Kindersurf does not guarantee placement, waitlist priority, admission timelines, or enrolment outcomes.

9. Tour Booking

Tour booking functionality is provided to facilitate scheduling between parents and daycare operators. Kindersurf does not guarantee tour availability, attendance, scheduling accuracy, or outcomes of any provider interactions.

10. AI Recommendations & Analytics

10.1 Parent Recommendations

AI-generated recommendations are informational tools only and may contain inaccuracies or incomplete information. Parents are solely responsible for independently evaluating daycare providers regardless of any AI-generated content.

10.2 Daycare Analytics

Analytics provided to daycare operators are informational only and should not be interpreted as guarantees of business performance, enrolment outcomes, operational success, or financial results. Kindersurf does not warrant the accuracy, completeness, or reliability of AI-generated outputs.

11. Payments & Subscriptions

Certain platform features require payment or subscription. All payments are processed through Stripe or other authorized payment processors. Users agree to provide accurate billing information, pay all applicable fees, and comply with subscription terms. Subscriptions may renew automatically unless cancelled before the renewal date.

Subscription pricing, features, and billing structures may change with reasonable notice to active subscribers.

12. Refunds

Unless otherwise stated, fees paid are generally non-refundable. Refund requests may be evaluated on a case-by-case basis. No refunds will be issued after a waitlist spot offer has been received. Partial refunds for unused subscription time are not provided.

13. User Content

Users retain ownership of content they submit, including listings, reviews, profile information, and waitlist data. By submitting content, users grant Kindersurf a non-exclusive, royalty-free license to use, display, process, and operate such content for platform functionality. Users represent that submitted content is accurate and does not violate any third-party rights.

14. Prohibited Conduct

Users may not:

• Submit false, misleading, or fraudulent information
• Manipulate waitlist positions or circumvent platform processes
• Use automated tools, bots, or scrapers to access the platform
• Interfere with or disrupt platform operations or infrastructure
• Upload malicious code, viruses, or harmful content
• Impersonate other users, providers, or platform personnel
• Harass, threaten, or abuse other users or platform staff
• Violate applicable laws or regulations

15. Intellectual Property

The Kindersurf platform, branding, software, workflows, interfaces, AI systems, analytics systems, and related materials are owned by Kindersurf Technologies Inc. or its licensors. Users may not reproduce, reverse engineer, distribute, or commercially exploit platform materials without prior written authorization.

16. Platform Availability

Kindersurf does not guarantee uninterrupted, error-free, or secure availability. The platform may experience downtime, maintenance, interruptions, or technical issues. Features may be modified, removed, or discontinued over time. No guarantee is made regarding the long-term availability of any specific feature.

17. Third-Party Services

Kindersurf integrates with third-party services including Stripe, Supabase, Vercel, analytics providers, authentication systems, and communication tools. Kindersurf is not responsible for failures, interruptions, breaches, or operational issues arising from third-party systems outside its reasonable control.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Kindersurf, its affiliates, officers, directors, employees, contractors, licensors, and service providers shall not be liable for any of the following:

• Childcare incidents, outcomes, or provider conduct
• Admissions decisions or waitlist outcomes
• Inaccurate listings or provider information
• Tour booking issues or scheduling conflicts
• AI-generated outputs or recommendation inaccuracies
• Operational disruptions or platform interruptions
• Payment processing failures or subscription interruptions
• Data inaccuracies submitted by users
• Third-party platform failures or infrastructure issues
• Indirect, consequential, incidental, special, or punitive damages
• Loss of profits, data, opportunity, or business

Kindersurf is provided on an "as available" and "as is" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability.

Where liability cannot legally be excluded, Kindersurf's total aggregate liability shall not exceed the greater of CAD $100 or the total fees paid by the user to Kindersurf during the twelve (12) months preceding the claim.

Users acknowledge that platform use is at their own risk.

19. Indemnification

Users agree to indemnify, defend, and hold harmless Kindersurf Technologies Inc. and its affiliates, officers, directors, employees, contractors, and service providers from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from platform misuse, violations of these Terms, submitted content, childcare disputes, or unlawful conduct.

20. Class Action Waiver

To the maximum extent permitted by law, users agree that disputes against Kindersurf shall be brought only in an individual capacity and not as part of any class action, collective action, representative proceeding, or similar multi-party litigation.

21. Termination

Kindersurf may suspend or terminate access at any time to protect platform integrity, address abuse, comply with legal obligations, or enforce these Terms. Users may stop using the platform at any time. Provisions that by their nature survive termination will continue to apply, including sections on payments, intellectual property, disclaimers, indemnification, and limitation of liability.

22. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Users agree to first attempt good-faith informal resolution of any dispute before pursuing formal proceedings.

To the maximum extent permitted by applicable law, certain disputes may be resolved through binding arbitration or alternative dispute resolution procedures. Nothing in these Terms limits rights that cannot legally be waived under applicable law.

23. Daycare Verification Disclaimer

Kindersurf may allow daycare providers to submit licensing, business, and operational information. Unless explicitly stated otherwise, Kindersurf does not independently verify licensing status, legal compliance, staffing qualifications, childcare quality, operational standards, inspection status, or provider suitability.

Parents are solely responsible for independently verifying daycare providers before making childcare decisions.

24. Subscription, Billing & Renewal Terms

By purchasing subscriptions or paid services, users authorize recurring charges where applicable. Users are responsible for maintaining accurate billing information, ensuring valid payment methods remain active, reviewing subscription terms, and cancelling subscriptions before renewal where desired. Subscription pricing and features may change periodically with reasonable notice.

25. Privacy Policy Integration

Your use of Kindersurf is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy, these Terms, subscription terms, platform notices, and operational guidelines collectively govern platform usage.

26. Changes to These Terms

Kindersurf may modify these Terms periodically. Updated versions will be posted on the platform with a revised effective date. For material changes, registered users will be notified by email where practicable. Continued use of the platform following updates constitutes acceptance of the revised Terms.

27. Contact Information

Questions regarding these Terms may be directed to Kindersurf Technologies Inc. at legal@kindersurf.ca or through our contact page. Website: kindersurf.ca