Terms of Service

These Terms of Service ("Terms") govern your access to and use of KinderSurf ("we", "us", or "our"), operated by KinderSurf Inc., a company incorporated under the laws of Canada. By creating an account or using our platform, you agree to be bound by these Terms. If you do not agree, do not use KinderSurf.

1. Eligibility

You must be at least 18 years old and a resident of Canada to create an account. By registering, you represent that all information you provide is accurate and that you have the legal capacity to enter into these Terms.

2. Account responsibilities

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at support@kindersurf.ca if you suspect any unauthorised use of your account. We are not liable for any loss or damage arising from your failure to protect your credentials.

3. Use of the platform

You agree to use KinderSurf only for lawful purposes and in accordance with these Terms. You must not:

• Provide false, misleading, or fraudulent information in any listing, profile, or application
• Attempt to manipulate waitlist positions or circumvent the platform's processes
• Use automated tools, bots, or scrapers to access any part of the platform
• Harass, threaten, or abuse other users, daycare owners, or KinderSurf staff
• Upload or transmit any content that is unlawful, defamatory, or infringes any third-party rights
• Attempt to gain unauthorised access to any part of the platform or its infrastructure

4. Waitlist fees and payments

Browsing and searching daycares is free. Your first two waitlist positions per child are provided at no charge. A fee applies for each additional waitlist position beyond the free tier. Fees are stated clearly before you complete any transaction.

All fees are stated in Canadian dollars (CAD) and are processed securely through Stripe. By submitting payment, you authorise us to charge the stated amount to your payment method.

Refund policy. Waitlist fees are generally non-refundable, as they serve to confirm genuine interest and hold your position in a queue. If exceptional circumstances apply — such as relocation or a documented medical situation — please contact our support team. We will review each request individually. No refunds will be issued after a spot offer has been received.

5. Daycare owner subscriptions

Daycare owners who wish to publish listings and manage waitlists through KinderSurf require an active subscription. Subscription fees, billing intervals, and cancellation terms are communicated clearly during the sign-up process and in your account settings.

We reserve the right to adjust subscription pricing with at least 30 days' written notice to active subscribers. Cancellation takes effect at the end of the current billing period. We do not offer partial refunds for unused subscription time.

6. Daycare listings and verification

Daycare owners are solely responsible for the accuracy of the information in their listings, including licence status, capacity, operating hours, and services offered. KinderSurf performs verification checks on a best-efforts basis and does not guarantee the accuracy or currency of any listing.

A Verified badge indicates that we have confirmed a valid provincial licence at the time of review. It does not constitute an endorsement, recommendation, or guarantee of quality or safety. Parents are responsible for conducting their own due diligence before enrolling a child.

7. Reviews

Reviews must be honest, factual, and based on genuine experience with the daycare. You must not post reviews that are defamatory, false, or written on behalf of a competitor or the daycare itself. We reserve the right to remove any review that violates these Terms or our community standards. Daycare owners may respond publicly to reviews but must not use responses to threaten, intimidate, or disparage reviewers.

8. Intellectual property

All content, software, design, and trademarks on the KinderSurf platform are owned by or licensed to KinderSurf Inc. You may not copy, reproduce, distribute, or create derivative works from any part of the platform without our prior written consent. You retain ownership of content you submit (such as reviews and profile information) but grant us a non-exclusive, royalty-free licence to use, display, and distribute that content in connection with operating the platform.

9. Privacy

Your use of KinderSurf is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation.

10. Disclaimers and limitation of liability

KinderSurf is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the platform will be uninterrupted, error-free, or secure. We are not a childcare agency, licensing authority, or party to any agreement between parents and daycare providers.

To the maximum extent permitted by applicable law, KinderSurf Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the platform, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of these Terms shall not exceed the greater of CAD $100 or the total fees paid by you to KinderSurf in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless KinderSurf Inc. and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the platform, your violation of these Terms, or your violation of any third-party rights.

12. Termination

We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or if we discontinue the platform. You may delete your account at any time through your account settings. Upon termination, your right to use the platform ceases immediately. Sections that by their nature should survive termination will do so, including sections on payment, intellectual property, disclaimers, and limitation of liability.

13. Governing law and disputes

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. Any dispute arising from these Terms shall be resolved through binding arbitration in Toronto, Ontario, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction where necessary to protect their rights.

14. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and, for material changes, notify registered users by email. Your continued use of KinderSurf after any change constitutes your acceptance of the revised Terms.

15. Contact

For questions about these Terms, please contact us at legal@kindersurf.ca or through our contact page.