Terms of Service

These Terms of Service (“Terms”) govern your use of ShommyX Education (the “Service”), operated by ShommyX Technologies (“we”, “us”). By creating an account or using the Service, you (“you”, the daycare operator or staff member or parent) agree to these Terms and to our Privacy Policy.

If you don’t agree, please don’t use the Service.

You may create an account only if you are at least 18 years old and authorized to act on behalf of the daycare you represent (or the parent of the child whose record you access). One person + one daycare per account.

When a daycare creates an account and enters information about children, parents, or staff, the daycare is responsible for:

• Obtaining the necessary parental consent before entering a child’s information into the Service, including allergies, medical notes, photos, videos, and incident reports.
• Keeping the information accurate, current, and lawful to process under Canadian privacy law (PIPEDA + any applicable provincial regulation).
• Issuing parent access codes only to individuals authorized to view that child’s record.
• Promptly revoking access for departed staff and for parents no longer authorized.
• Complying with all daycare-licensing rules in your province. ShommyX Education is a tool — it doesn’t replace your licensing officer’s requirements.

You will not:

• Upload, transmit, or store unlawful, harassing, defamatory, or harmful content.
• Use the Service to send unsolicited communications (spam) to parents.
• Attempt to access accounts or daycares other than your own; probe, scan, or attempt to bypass security controls; or interfere with the Service’s operation.
• Resell, sublicense, or commercially redistribute the Service to anyone outside your own daycare or organisation.
• Use the Service to scrape data or build a competing product.

We may suspend or terminate accounts that violate the above, with notice when practical and without notice when necessary to protect other users.

During early access (the current period), the Service is free for all daycares with every shipped feature unlocked. We’ll provide at least 30 days’ written notice (sent to the email on file for the account admin) before paid subscription billing takes effect for your account. Early-access daycares will receive a fair grandfathering offer.

Once paid plans are active, fees are billed in advance through Stripe (Canada/US) or Paystack (Africa). You authorize us to charge the payment method on file for the recurring fee. Refunds are at our reasonable discretion.

By you: you can cancel any time from the Billing page. After cancellation, your account remains usable until the end of the current period; after that, the account is suspended and you have 90 days to export your data before we delete it (subject to our backups and audit log retention).

By us: we may suspend the account for non-payment, violation of these Terms, or to prevent harm to other users. We’ll give you notice and a chance to remedy where the situation allows.

You retain ownership of the information your daycare enters into the Service. By using the Service, you grant us a worldwide, non-exclusive licence to host, process, transmit, and back up that information solely for the purpose of operating the Service.

We process personal information as your service provider / data processor under PIPEDA. Our specific practices are in the Privacy Policy.

The Service, including its software, design, name, and logo, is and remains the property of ShommyX Technologies. These Terms do not grant you any right to our IP beyond the right to use the Service while your account is active.

The Service is provided “as is”. We do not warrant that it will be uninterrupted, error-free, or secure against every possible threat. The provincial compliance presets and developmental milestone catalogs are reference materials only — they are not a substitute for your provincial regulator’s rules or for a clinical screening tool.

You agree that the Service is not a substitute for your obligation to comply with childcare licensing law, and we are not responsible for missed regulatory deadlines, incorrect ratios, or incidents that occur in your daycare.

To the maximum extent permitted by law, our aggregate liability to you under these Terms is limited to the fees you paid us for the Service in the 12 months preceding the event that gave rise to the liability. During early access, when no fees are paid, that limit is CAD 100.

We will not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost data, or business interruption.

This section does not exclude liability that cannot be excluded by law (e.g. for fraud, willful misconduct, or gross negligence).

You agree to indemnify and hold us harmless from any third-party claim arising from your use of the Service in violation of these Terms, your failure to obtain required parental consent, or your breach of applicable law.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. Any dispute will be resolved in the courts of Ontario, except for small-claims matters which may proceed in your local jurisdiction.

We may update these Terms over time. We’ll bump the “Last updated” date at the top of this page, and for material changes we’ll email signed-in account admins before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance.

Questions about these Terms? Email support@shommyxedu.com.