Terms of Use

1. Definitions

In these Terms, the following expressions have the meanings set out below:

“Account” means the MyDaycare Plus account created for the Account Holder.

“Account Holder” means the organization, daycare, childcare centre, childcare service, business or other entity that has requested, purchased or obtained access to MyDaycare Plus .

“Artificial Intelligence Feature” or “AI Feature” means any feature that uses an artificial intelligence model, language model, automated system or comparable service to produce an analysis, summary, suggestion, forecast, classification, response, text or other result.

“Authorized User” means any person to whom the Account Holder grants access to the Service, including an administrator, employee, educator, parent, guardian, consultant or other authorized representative.

“Customer Content” means the data, information, documents, photographs, messages, files, instructions, text, configurations and other content entered, imported, uploaded, generated or transmitted by the Account Holder or its Authorized Users.

“Personal Information” means any information concerning a natural person that directly or indirectly allows that person to be identified.

“Service” means MyDaycare Plus , including its web and mobile applications, modules, interfaces, features, updates, documentation, support and related services.

“Third-Party Service” means any software, platform, provider, API, government service, banking service, email provider, artificial intelligence provider or other system operated by an entity independent of E8C .

E8C means Every8 Cloud Inc. , the company that develops and operates MyDaycare Plus .

2. Ownership of MyDaycare Plus

E8C remains the exclusive owner of MyDaycare Plus , including:

• the software and its source code;
• its architecture and operating methods;
• its interfaces, forms and features;
• its documentation;
• its standard templates, reports and configurations;
• its trademarks, logos and visual elements;
• its updates, improvements and new versions;
• all technology and intellectual property rights associated with the Service.

Use of MyDaycare Plus does not transfer to the Account Holder any ownership right in the Service or its underlying technology.

All rights not expressly granted to the Account Holder remain reserved to E8C and its licensors.

3. Licence to Use

Subject to payment of the applicable fees and compliance with these Terms, E8C grants the Account Holder a licence that is:

• limited;
• non-exclusive;
• non-transferable;
• non-sublicensable;
• revocable;
• intended solely for the Account Holder’s internal operations.

The number of Authorized Users may be unlimited, subject to reasonable internal use consistent with the subscribed plan.

The licence is granted exclusively to the Account Holder. It does not automatically extend to its parent companies, subsidiaries, affiliates, partners, customers or other organizations.

Each legally separate organization must normally have its own Account, unless E8C provides written authorization or the Account Holder uses a version of the Service expressly designed to manage multiple organizations.

The Account Holder must not:

• resell or rent access to the Service;
• sublicense the Service;
• operate MyDaycare Plus as a service offered to third parties;
• commercially share its Account;
• allow an unauthorized organization to use its licence;
• reproduce or create a competing product based on MyDaycare Plus .

4. Accounts and Authorized Users

The Account Holder is responsible for creating, managing and disabling access for its Authorized Users.

It must grant each user only the rights required to perform that user’s duties.

The Account Holder is responsible, in particular, for:

• the accuracy of the information provided when the Account is created;
• the confidentiality of usernames, passwords and other authentication methods;
• use of the Service by its Authorized Users;
• promptly revoking access for persons who are no longer authorized;
• periodically reviewing roles and permissions;
• the devices used to access the Service;
• all activity performed through its Account, except where the activity results directly from a failure attributable to E8C .

Access credentials are personal. They must not be shared by multiple people unless a particular access type or feature expressly permits such sharing.

The Account Holder must promptly notify E8C if it suspects:

• unauthorized access;
• a compromised password;
• fraudulent use;
• a breach of the confidentiality or security of the Account.

E8C may require a password change, access reset or activation of additional security measures.

5. Account Holder Data

The Account Holder retains its rights in the Customer Content that it enters or imports into MyDaycare Plus .

To provide the Service, the Account Holder grants E8C a limited licence to host, reproduce, process, back up, transmit, display and use Customer Content only to the extent necessary to:

• provide and operate MyDaycare Plus ;
• perform requested functions;
• provide support;
• maintain the security of the Service;
• prevent errors, abuse or fraud;
• comply with applicable legal obligations.

This licence ends when the data is deleted from E8C ’s systems, subject to retention periods, backups, legal obligations and the provisions governing the end of the Service.

In accordance with applicable law, E8C may produce and use aggregated or de-identified statistical data to analyze the operation, security, performance and general use of the Service. This data must not be used to directly identify an individual.

6. Responsibility for Entered Data

The Account Holder is responsible for Customer Content and for the lawfulness of its processing.

The Account Holder represents and warrants that it has all rights, powers, authorizations and consents required to:

• collect the data;
• enter or import it into MyDaycare Plus ;
• use it;
• retain it;
• disclose it;
• allow E8C and authorized providers to process it for purposes of the Service.

This responsibility includes information concerning:

• children;
• parents and guardians;
• employees;
• applicants;
• suppliers;
• contact persons;
• medical information;
• financial information;
• payroll information;
• tax information;
• photographs and documents.

The Account Holder must limit entered information to what is necessary for its activities and identified purposes.

It must also ensure that data used to produce a document, perform a calculation or make a decision is accurate, complete and up to date.

E8C does not systematically verify the accuracy, legality or quality of data entered by the Account Holder.

7. Regulatory Obligations of the Account Holder

The Account Holder remains responsible for complying with the laws, regulations, standards, internal policies and professional obligations applicable to its activities.

Depending on the context, this includes:

• protection of personal information;
• record retention;
• management of children’s records;
• rules applicable to childcare services;
• billing and accounting;
• payroll and source deductions;
• taxation;
• electronic communications;
• obtaining consent;
• access to records;
• obligations toward parents, employees and government bodies.

MyDaycare Plus is a technology tool. Its use does not transfer the Account Holder’s legal or professional responsibilities to E8C .

8. Fees, Taxes and Payment

Access to MyDaycare Plus is conditional on payment of the applicable fees.

Fees are payable in advance according to:

• the selected plan;
• the billing period;
• the activated modules;
• the additional services requested;
• the terms communicated to the Account Holder.

Applicable taxes are added to the fees.

Unless otherwise stated in writing, paid fees are non-refundable. No full or partial refund is provided because of:

• failure to use the Service;
• partial use;
• voluntary deactivation of a module;
• termination before the end of the paid period;
• a change in the Account Holder’s needs;
• deactivation of a user.

Failure to use the Service does not release the Account Holder from its obligation to pay amounts due.

Services not included in the standard subscription, including certain migrations, configurations, training, customizations, extractions or special interventions, may be billed separately.

9. Renewal and Price Changes

Where the selected plan provides for renewal, the licence renews in accordance with the terms communicated at the time of purchase or the previous renewal.

E8C may modify its prices, plans or plan contents.

Unless the law permits immediate application, a price change takes effect at the beginning of a new billing period or on the date specified in the notice provided to the Account Holder.

Continued use of the Service after the new price takes effect constitutes acceptance of that price.

An Account Holder that does not accept the new price may request that its subscription not be renewed.

10. Availability and Evolution of the Service

E8C endeavours to keep MyDaycare Plus accessible and operational. However, E8C does not guarantee continuous, uninterrupted or error-free operation.

The Service may be temporarily unavailable because of:

• maintenance;
• an update;
• a security incident;
• a hosting outage;
• an interruption affecting a provider;
• an Internet or telecommunications outage;
• an emergency;
• an event beyond E8C ’s reasonable control.

At its reasonable discretion, E8C may:

• add new features;
• modify an interface;
• replace a technology;
• correct or remove a feature;
• modify the operation of a module;
• discontinue support for a device, browser or older version;
• impose reasonable usage limits.

Where a material change may significantly affect normal use of the Service, E8C will attempt to provide reasonable advance notice where circumstances permit.

11. Beta, Experimental and Preview Features

Certain features may be identified as beta, experimental, preliminary, trial or preview features.

These features may:

• be incomplete;
• contain errors;
• change rapidly;
• operate differently from their final version;
• be withdrawn without notice;
• be unsuitable for critical operational use.

The Account Holder uses these features at its own risk and must verify results before using them in its operations.

12. Third-Party Services and Integrations

MyDaycare Plus may allow the Account Holder to connect or use Third-Party Services, including:

• government systems;
• financial institutions;
• payment systems;
• application programming interfaces;
• artificial intelligence services.

Activating an integration constitutes an instruction from the Account Holder authorizing E8C to transmit to the relevant systems the data required to perform the requested function.

Only data reasonably necessary for the integration to operate must be transmitted.

Third-Party Services are operated by independent entities. Their availability, security, terms, decisions, modifications and data-processing practices may be outside E8C ’s control.

E8C is not responsible for:

• an outage of a Third-Party Service;
• a third party’s refusal of a transaction;
• an error originating from an external system;
• a modification made by an external provider;
• a change to an API;
• loss of access to an integration;
• the acts or omissions of a third-party provider.

E8C may suspend or remove an integration when a third-party provider ceases to support it, changes its terms, compromises its security or makes it technically or commercially unreasonable.

For each provider, E8C limits disclosure to the information strictly necessary to provide the relevant feature or service.

13. Artificial Intelligence Features

MyDaycare Plus may offer AI Features that can, in particular:

• summarize information;
• analyze data;
• identify trends;
• suggest actions;
• produce forecasts;
• draft text;
• classify or organize information;
• answer questions;
• assist users with certain administrative tasks.

AI Features are assistance tools. They do not replace the judgment, experience or responsibilities of a qualified person.

When an AI Feature is used, MyDaycare Plus transmits only the information strictly necessary to perform the requested analysis or task.

Depending on the feature used, this information may include:

• instructions entered by the user;
• data expressly selected for analysis;
• contextual information required to understand the request;
• technical information required for the operation and security of the feature.

MyDaycare Plus does not automatically transmit all information contained in an Account or an individual’s record when it is not required for the requested task.

The user must also limit the request and selection to necessary information. Sensitive information must be transmitted to an AI Feature only where the feature is expressly designed to process it, its use is necessary and the Account Holder has the required authorizations.

Results produced by an AI Feature may be incomplete, inaccurate, outdated, imprecise, irrelevant or expressed with a level of confidence that does not reflect their actual accuracy.

An AI Feature may, in particular:

• misinterpret data;
• omit important information;
• produce an incorrect conclusion;
• present invented information;
• reproduce bias found in the data or model;
• provide a result unsuitable for the Account Holder’s particular context.

E8C does not guarantee the accuracy, completeness, originality or suitability of AI-generated results.

Any result generated by an AI Feature must be reviewed by an Authorized User before it is:

• sent to a parent, employee or other person;
• added to an official record;
• used in a report;
• transmitted to a government body;
• used for a financial, tax or payroll calculation;
• used in a manner that affects a person’s rights or interests;
• used as the basis for an important decision.

The Account Holder remains responsible for the final content, its accuracy and its use.

Results produced by AI Features do not constitute:

• legal advice;
• medical advice;
• psychological advice;
• specialized educational advice;
• accounting advice;
• tax advice;
• financial advice;
• professional advice.

The Account Holder must consult a qualified person where a situation requires professional advice.

Subject to rights belonging to E8C , providers and third parties, the Account Holder may use generated results for its internal operations.

Results produced by an AI Feature may not be unique. Identical or similar content may be generated for other users.

The Account Holder must verify that generated content:

• does not infringe a third party’s rights;
• does not contain confidential information obtained without authorization;
• does not contain discriminatory, misleading or defamatory statements;
• complies with applicable laws and policies;
• is suitable for the context in which it will be used.

AI Features must not be used to:

• circumvent a law or regulatory obligation;
• make a discriminatory decision;
• produce or distribute illegal content;
• impersonate a person;
• deliberately mislead a parent, employee, organization or other person;
• access data without authorization;
• infer sensitive information without a lawful basis;
• unlawfully monitor a person;
• automate an important decision without appropriate human oversight;
• create a risk to the health, safety or rights of a child or another person.

Artificial intelligence technologies and providers evolve rapidly.

E8C may modify, limit, replace, suspend or withdraw an AI Feature where necessary for reasons that are:

• technical;
• operational;
• contractual;
• financial;
• legal;
• ethical;
• related to privacy;
• related to security.

An AI Feature may also be subject to usage limits, special fees or additional terms communicated before use.

14. Confidentiality and Protection of Personal Information

E8C implements reasonable technical, administrative and organizational measures to protect data processed through the Service.

The processing of personal information is governed by the Privacy Policy of MyDaycare Plus .

The Account Holder acknowledges that:

• MyDaycare Plus may contain sensitive information;
• access must be limited to authorized persons;
• no security measure can guarantee absolute protection;
• use of a hosted service involves certain inherent risks.

The Account Holder must implement its own safeguards, including:

• assigning appropriate access rights;
• using secure passwords;
• protecting its devices;
• training its users;
• avoiding unnecessary sharing of information;
• disabling access that is no longer required;
• promptly reporting incidents.

When the Account Holder activates a feature requiring disclosure of information to a Third-Party Service, the data may be processed outside Québec.

E8C takes the reasonable and contractual measures required before entrusting personal information to a provider, in accordance with applicable laws.

In the event of a privacy incident, E8C takes reasonable necessary measures and informs the Account Holder where required by law or the circumstances.

15. Backups and Data Retention

E8C performs regular backups of the Service in accordance with its operational practices.

These backups are performed primarily to:

• maintain business continuity;
• restore the Service after an incident;
• protect the overall integrity of the information technology environment.

E8C ’s internal backups do not constitute a guaranteed individual backup service for the Account Holder.

E8C does not guarantee that a particular file, transaction or item of information can be restored separately.

The Account Holder must use available export and printing features when it needs to retain an independent copy of a document or information.

Subject to legal obligations and the limitations set out in these Terms, E8C is not responsible for data loss caused by:

• deletion by an Authorized User;
• incorrect configuration;
• non-compliant use;
• a compromised device;
• third-party software;
• an event beyond its reasonable control.

16. Maintenance and Support

E8C provides standard support for MyDaycare Plus .

The Account Holder must reasonably cooperate with E8C and provide information required to assess a request, including:

• a clear description of the problem;
• the steps required to reproduce it;
• error messages;
• relevant screenshots;
• references to the records or transactions concerned;
• any required access authorizations.

Unless otherwise agreed in writing, standard support does not include:

• continuous availability;
• an obligation to develop a particular feature;
• personalized training;
• correction of data errors caused by the user;
• special configuration;
• a customized migration or extraction.

Additional services may be billed according to the rates communicated to the Account Holder.

17. Acceptable Use

The Account Holder and its Authorized Users must use MyDaycare Plus lawfully, securely and reasonably.

It is prohibited to:

• violate any law, regulation or order;
• upload or transmit illegal, threatening, defamatory, discriminatory or fraudulent content;
• infringe a third party’s intellectual property or privacy rights;
• access or attempt to access an Account without authorization;
• circumvent a security measure;
• perform penetration testing without written authorization;
• introduce a virus, malware or harmful code;
• disrupt, overload or compromise the Service;
• perform unauthorized large-scale automated extraction;
• use robots or scripts in a manner that harms the Service;
• use MyDaycare Plus to send unsolicited communications in violation of the law;
• collect personal information without authorization;
• conceal or falsify identity;
• commercially share access;
• attempt to extract source code;
• decompile, disassemble or reverse engineer the Service;
• copy or reproduce Service features to create a competing product;
• use the Service in a manner that may compromise its security, availability or reputation.

E8C may monitor technical usage indicators to maintain security and performance and to verify compliance with these Terms.

18. Intellectual Property and Feedback

MyDaycare Plus is protected by laws concerning copyright, trademarks, trade secrets and other intellectual property rights.

No part of the Service may be copied, reproduced, published, distributed, modified or otherwise exploited except within the scope of the granted licence.

Any public, promotional or commercial use of the MyDaycare Plus or E8C name, logo or trademarks requires prior written authorization.

The Account Holder may provide E8C with comments, suggestions or ideas for improvement.

Unless otherwise agreed in writing, E8C may freely use this feedback to improve its products and services without an obligation to provide compensation, provided that it does not unnecessarily disclose the Account Holder’s confidential information.

19. Suspension of the Service

E8C may suspend or restrict access to all or part of the Service where, in particular:

• fees remain unpaid;
• the Account Holder violates these Terms;
• an activity creates a security risk;
• use appears fraudulent or illegal;
• the Account compromises the operation of the Service;
• suspension is required to comply with a legal obligation;
• an essential Third-Party Service becomes unavailable;
• urgent action is required to protect data or persons.

Where circumstances permit, E8C will attempt to inform the Account Holder and provide a reasonable opportunity to correct the situation.

An urgent suspension may, however, be imposed without notice.

A suspension:

• does not cancel amounts already due;
• does not automatically extend the paid period;
• does not create a right to a refund;
• does not authorize any use of the Service during the suspension period.

E8C may restore access when the cause of the suspension has been corrected.

20. Term and Termination

These Terms take effect on the earliest of:

• the date they are accepted;
• the date the Account is created;
• the first use of MyDaycare Plus .

They remain in effect for as long as the Account Holder has access to the Service.

The Account Holder may request termination of its Account. Unless otherwise agreed, termination takes effect at the end of the period already paid for.

E8C may terminate the Account:

• at the end of the licence period;
• for non-payment;
• for a material breach of these Terms;
• for illegal or dangerous use;
• where continuing the Service becomes legally or technically impossible;
• where the Account Holder fails to correct a breach after receiving reasonable notice;
• immediately where the situation creates a serious risk to security, data, E8C or a third party.

Upon termination or expiry:

• the right to use MyDaycare Plus ends;
• users can no longer access the Account;
• fees already paid are not refunded;
• provisions that by their nature should survive remain in effect.

Sections concerning intellectual property, confidentiality, data, limitations of liability, indemnification and payment obligations survive the end of the agreement.

21. Data Export and Deletion at the End of the Service

While the Account is active, the Account Holder may use the standard export, printing and download features available in the different modules.

These features may vary according to the type of data. They do not necessarily constitute a complete export of the database or the internal structure of the Service.

When the Service ends, access to the Account and standard export features is discontinued.

The Account Holder may submit a written request to extract its data within a maximum period of three months after the end of the Service.

The extraction:

• is limited to data belonging to the Account Holder;
• is performed using reasonably available formats;
• may require technical work;
• may be subject to fees;
• does not include the software, its source code, structure, internal methods or E8C ’s intellectual property.

After the three-month period expires, E8C no longer guarantees retention of the data and may permanently delete it, subject to:

• legal retention obligations;
• temporary backups;
• reasonable security requirements;
• the resolution of a dispute.

The Account Holder is responsible for submitting its request within the applicable period.

E8C is not responsible for data loss resulting from a late request or the absence of a request.

22. Disclaimer of Warranties

To the fullest extent permitted by law, MyDaycare Plus is provided “as is” and as available.

E8C does not guarantee:

• that the Service will always be available;
• that it will be error-free;
• that all defects will be corrected;
• that it will be compatible with every device, software application or environment;
• that it will meet all of the Account Holder’s specific requirements;
• that reports or calculations will be accurate where entered data or settings are inaccurate;
• that results of an AI Feature will be accurate;
• that a Third-Party Service will remain available;
• that a government authority, bank or other third party will accept a file or transaction.

E8C is not an accounting firm, law firm, tax firm, health professional or specialized adviser.

MyDaycare Plus does not provide professional advice.

The Account Holder must determine whether the Service meets its needs and have results reviewed by a qualified person where necessary.

23. Limitation of Liability

To the fullest extent permitted by law, E8C ’s total liability arising from these Terms or the use of MyDaycare Plus , regardless of the cause, is limited to the total licence fees actually paid by the Account Holder during the twelve months preceding the event giving rise to the claim.

E8C is not liable for indirect, incidental, special, exemplary, punitive or consequential damages, including:

• loss of profits;
• loss of revenue;
• loss of customers;
• business interruption;
• loss of data;
• loss of anticipated savings;
• reputational harm;
• a decision made on the basis of an incorrect result;
• damage arising from a Third-Party Service.

These limitations apply even if E8C has been advised of the possibility of the damage and even where a remedy fails of its essential purpose.

Nothing in these Terms limits liability that cannot legally be excluded or limited.

24. Indemnification

To the extent permitted by law, the Account Holder agrees to indemnify, defend and hold harmless E8C and its officers, directors, employees and representatives from any claim, loss, liability, penalty, reasonable cost or expense resulting from:

• Customer Content;
• unauthorized collection or use of information;
• a breach of these Terms;
• illegal use of the Service;
• a decision made by the Account Holder;
• a communication sent by the Account Holder;
• an unauthorized modification of the Service;
• combining MyDaycare Plus with an unapproved system;
• an infringement of a third party’s rights caused by the Account Holder;
• unreviewed use of a result produced by an AI Feature.

E8C must notify the Account Holder within a reasonable period when it receives a claim covered by this section.

The Account Holder must not enter into a settlement that imposes an obligation or admission of liability on E8C without E8C ’s prior written consent.

25. Force Majeure

E8C is not liable for a delay or failure resulting from an event beyond its reasonable control, including:

• a natural disaster;
• a fire or flood;
• a widespread power outage;
• an Internet interruption;
• the failure of a hosting provider;
• a major cyberattack;
• a labour dispute;
• an epidemic;
• a war;
• a riot;
• a government decision;
• a legislative change;
• the unavailability of an essential Third-Party Service.

E8C will take reasonable measures to limit the consequences of the event and restore the Service when reasonably possible.

26. Changes to the Terms

E8C may amend these Terms to reflect, in particular:

• evolution of the Service;
• addition of new features;
• use of new technologies;
• changes to business practices;
• legal or regulatory requirements;
• security recommendations.

Changes are communicated by reasonable means, including:

• publication on the MyDaycare Plus website;
• notice in the application;
• email;
• notice at login.

The notice specifies the effective date of the new version.

Where changes are material, E8C may require renewed acceptance.

Continued use of the Service after the changes take effect constitutes acceptance of the revised version, subject to mandatory legal requirements.

No unilateral amendment proposed by the Account Holder binds E8C unless accepted in a written agreement signed by an authorized E8C representative.

27. General Provisions

These Terms and the Privacy Policy constitute the entire agreement between the parties regarding the use of MyDaycare Plus , subject to any specific written agreement entered into with E8C .

In the event of a conflict, the following order of priority applies:

1. a specific agreement signed by the parties;
2. these Terms;
3. the Privacy Policy;
4. the general Service documentation.

The parties act as independent contractors. These Terms do not create any employment, agency, partnership, franchise or joint venture relationship.

The Account Holder may not assign or transfer its rights or obligations without E8C ’s prior written authorization.

E8C may assign these Terms in connection with a merger, reorganization, financing, sale of a business or sale of assets.

If a provision is declared invalid or unenforceable, the remaining provisions remain in effect. The affected provision must be interpreted or replaced in a manner that reflects its original purpose as closely as possible, to the extent permitted by law.

A party’s failure to immediately exercise a right does not constitute a waiver of that right.

Headings are provided solely for convenience and do not affect the interpretation of these Terms.

28. Governing Law

These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable in Québec.

Any dispute must be submitted to the courts of competent jurisdiction in the Province of Québec, subject to any mandatory rule to the contrary.

Before commencing proceedings, the parties are encouraged to attempt to resolve the dispute in good faith through written communication and reasonable discussion.

29. Notices and Communications

E8C may provide notice to the Account Holder at the email address associated with the Account or by any other communication method provided by the Account Holder.

The Account Holder is responsible for keeping its contact information current.

Legal or contractual requests addressed to E8C must be sent to:

Every8 Cloud Inc.

Email: info@magarderieplus.com

30. Language

These Terms are written in French and translated into English for convenience.

In the event of any discrepancy between the French version and an English or other translated version, the French version prevails, subject to mandatory legal requirements.