Terms of Service

By creating an account, signing an order form, or using Daily Cubby in any capacity, you agree to these terms. If you are agreeing on behalf of a childcare center, company, or other organization, you confirm that you have authority to bind it, and "you" means both you and that organization.

If you do not agree, do not use the service. Where a center has signed a separate written agreement or order form with us, that agreement controls to the extent it conflicts with these terms, and these terms fill the gaps.

You must be at least eighteen years old to hold an account. Children do not hold accounts on Daily Cubby.

Daily Cubby is a hosted software service for licensed childcare centers. It covers enrollment and child profiles, attendance and check-in, staff scheduling and credential tracking, billing and payment collection, family messaging and daily reports, forms and document management, and reporting for directors and multi-site operators. The exact functionality available depends on the plan a center subscribes to and the modules it enables.

We provide software. We do not provide childcare, and we are not a party to the relationship between a center and the families it serves. Compliance with licensing regulations, ratio and supervision requirements, mandatory reporting duties, background checks, and every other legal obligation of operating a childcare program remains the center's responsibility. Daily Cubby can help a center record and evidence its compliance; it cannot achieve compliance on the center's behalf.

We improve the service continuously and may add, change, or remove features. We will not materially degrade the core functionality a center is paying for during its subscription term without notice, and where we plan to retire a feature a center depends on we will give at least sixty days' notice and, where practical, a migration path.

Daily Cubby recognizes three kinds of account, with different powers and different responsibilities.

You are responsible for keeping your credentials confidential, for choosing a password you do not reuse elsewhere, and for everything that happens under your account. Enable multi-factor authentication where we offer it. Do not share logins between people — audit trails are only meaningful when an account belongs to one person.

Tell us at info@dailycubby.com immediately if you suspect unauthorized access. We may suspend an account without notice where we believe it has been compromised, and we will contact the center's administrator as soon as we can.

Daily Cubby is sold on a subscription. Current plans, their inclusions, and their prices are on our pricing page, and the plan a center selects at signup or on its order form governs what it pays and what it gets. Subscriptions are billed monthly or annually in advance, and annual plans are billed for the full term at the start of that term.

Where a plan is priced by enrolled children or by site, the charge reflects the number recorded in the account. Adding children or sites mid-cycle increases the charge from that point, prorated for the remainder of the cycle. Reductions take effect at the next renewal rather than as a mid-term refund. Where a plan is offered free below a stated threshold, exceeding that threshold moves the account to the next paid tier at the start of the following cycle, and we will notify the administrator before that happens.

Subscriptions renew automatically for successive terms at the then-current price unless canceled before the renewal date. We will give at least thirty days' notice by email to the center's administrator before a price increase takes effect at renewal. A center that does not accept the new price may cancel before renewal.

Payments through Daily Cubby that a center collects from its families are separate from the center's own subscription fee. We pass those to our payment processor, whose fees are disclosed on the pricing page. We are not the merchant of record for tuition, and disputes about tuition or fees are between the center and the family.

Fees are due on the invoice date and payable in United States dollars. Where a payment method is on file we charge it automatically on that date. Invoices issued on terms are payable within thirty days. All fees are non-refundable except where these terms or applicable law say otherwise, and we do not refund partial periods when an account is canceled mid-term.

If a payment fails we will retry and email the administrator. Amounts unpaid more than thirty days past due may attract interest at one and a half percent per month, or the maximum the law allows if that is lower, from the due date until paid. We may also charge a fee to cover a returned payment where our processor charges us one. If an account remains unpaid sixty days past due we may suspend it after giving at least ten days' written notice, and a suspended account keeps its data but loses access until the balance clears.

Fees exclude taxes. You are responsible for any sales, use, VAT, GST, or similar taxes arising from your subscription, except taxes on our net income. Where we are required to collect a tax we will add it to the invoice. If you are exempt, send us valid documentation and we will apply it going forward.

Use Daily Cubby for running a childcare program and communicating with the families in it. The following are not permitted, and doing any of them is a material breach of these terms:

The center owns the data in its account. Children's records, family details, attendance history, billing records, messages, photos, documents, and everything else the center or its families enter remains the center's property. We claim no ownership of it, and subscribing to Daily Cubby transfers nothing to us.

The center grants us a limited license to host, copy, transmit, display, and process that data solely to provide and support the service, to back it up, and to comply with law. We process it as the center's service provider under our Privacy Policy and, where one applies, the center's data processing agreement. We do not sell it, we do not use it to train models, and we do not use it for advertising.

The center can export its data at any time while its account is active, in a structured, machine-readable format covering children, families, staff, attendance, and billing. On account closure the export remains available for thirty days, after which we delete the data as described in our Privacy Policy. Export is not conditional on an outstanding balance: a center in arrears can still take its records with it, which matters because those records may be required by its license.

We may generate and use aggregated, de-identified statistics about how the service is used — for benchmarking, capacity planning, and product decisions — provided they cannot reasonably be used to identify any center, child, family, or staff member.

Daily Cubby, the software, the website, our documentation and templates, our designs, and the Daily Cubby name and logo are ours or our licensors', and are protected by copyright, trademark, and other laws. Subject to these terms and payment of the applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the service during your subscription for your center's internal purposes. Nothing else is granted, expressly or by implication.

If you send us feedback, feature requests, or suggestions, we may use them freely and without obligation to you. We will not identify you as the source without your permission, and feedback never gives us rights in your data.

The service integrates with third-party products — accounting systems, payment processors, calendars, identity providers, and communication tools among them. If you connect one, you authorize us to exchange the data that integration requires, and your use of that product is governed by its own terms and privacy policy, not ours.

We are not responsible for third-party products, their availability, their security, or what they do with data you direct us to send them. If a provider changes or withdraws its interface, an integration may stop working; we will tell you when we know, but we cannot guarantee any integration will remain available.

We aim for high availability and monitor the service continuously, but it will occasionally be unavailable — for planned maintenance, which we schedule outside typical center operating hours where we can and announce in advance, and for unplanned interruptions, which we work to resolve as quickly as possible. Any uptime commitment applies only where it is stated in a written agreement or order form with your center.

Support is available to center administrators and staff by email and through the in-product channels described on our contact page, during the hours and at the response targets applicable to the center's plan. Support covers using the service; it does not cover the center's own devices, networks, or third-party products.

Because a center's day should not depend on our uptime alone, we recommend keeping an offline fallback for safety-critical information — most importantly current emergency contacts, authorized pickup lists, and allergy and medication details. Exporting these periodically is prudent practice regardless of any software vendor's reliability.

A center may cancel at any time from its account settings or by writing to us. Cancellation takes effect at the end of the current billing period; the center keeps access until then, and we do not refund the unused part of a term unless we have terminated without cause.

We may suspend or terminate an account for material breach of these terms — including non-payment after notice, or conduct that endangers the service or other customers — after giving written notice and a reasonable chance to cure, except where the breach is one we cannot safely allow to continue, in which case we may suspend immediately and explain afterwards. We may also terminate a subscription for convenience on sixty days' notice, refunding fees for the unused portion of a prepaid term.

On termination, access ends and the center's export window opens for thirty days. After that we delete the data on the schedule in our Privacy Policy, subject to any longer retention the center has instructed us to apply for licensing or litigation reasons. Provisions that should survive termination do: accrued payment obligations, data ownership, intellectual property, warranty disclaimers, limitation of liability, indemnification, and governing law.

We warrant that we will provide the service with reasonable skill and care and in a manner materially consistent with our documentation. Beyond that, and to the fullest extent the law allows, the service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory — including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.

We do not warrant that the service will be uninterrupted, error-free, or free of harmful components, that it will meet your requirements, or that defects will be corrected. We do not warrant that using Daily Cubby will make your center compliant with any licensing regulation, privacy law, or accreditation standard — compliance depends on how your center operates, which is outside our control.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you. Nothing here limits rights that cannot lawfully be limited.

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost goodwill, or the cost of substitute services, arising out of or relating to these terms or the service, even if advised of the possibility. This applies regardless of the theory of liability.

Our total aggregate liability arising out of or relating to these terms or the service will not exceed the total fees you paid us in the twelve months immediately before the event giving rise to the claim. Where you use the service on a free plan and have paid us nothing, our aggregate liability will not exceed one hundred United States dollars.

These limits do not apply to your obligation to pay fees due, to either party's liability for gross negligence, willful misconduct, or fraud, to our indemnification obligations, or to any liability that cannot be limited under applicable law. Some jurisdictions do not allow these limitations, in which case they apply only to the extent permitted.

You will defend, indemnify, and hold us harmless from third-party claims, damages, liabilities, and reasonable legal costs arising from your use of the service in breach of these terms, from the data you put into the service — including any claim that you lacked the authorization or legal basis to collect or share it — from your failure to meet a licensing or regulatory obligation of operating your center, or from your infringement of a third party's intellectual property or privacy rights.

We will defend, indemnify, and hold you harmless from third-party claims that the service as provided by us infringes that party's intellectual property rights, provided you tell us promptly, let us control the defense, and cooperate. If such a claim arises we may modify the service to make it non-infringing, obtain a license, or terminate the affected subscription and refund prepaid fees for the unused term. This does not cover claims arising from your data, your modifications, or your use of the service in breach of these terms.

The party seeking indemnity must give prompt written notice, allow the indemnifying party to control the defense and settlement, and cooperate reasonably. No settlement admitting fault or imposing an obligation on the other party may be made without its consent.

These terms are governed by the laws of the State of California and the applicable federal laws of the United States, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The state and federal courts located in San Mateo County, California have exclusive jurisdiction over any dispute arising out of or relating to these terms or the service, and both parties consent to that jurisdiction and venue and waive any objection to it. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Before filing, please raise the dispute with us at info@dailycubby.com. Most disagreements are resolved faster in a conversation than in a filing, and we will engage in good faith for thirty days.

These terms, together with any order form, our Privacy Policy, and any data processing agreement, are the entire agreement between us on their subject matter and supersede prior discussions. If a provision is held unenforceable, it is limited or severed to the minimum extent necessary and the rest stays in force. Our failure to enforce a provision is not a waiver of it.

You may not assign these terms without our written consent, except to a successor in a merger or sale of substantially all your assets with notice to us. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Nothing here creates a partnership, agency, or employment relationship, and there are no third-party beneficiaries.

Neither party is liable for delay or failure caused by events beyond its reasonable control — natural disaster, war, civil unrest, labor action, government action, or the failure of a utility or upstream network provider — provided it notifies the other promptly and works to resume performance.

Notices to you go to the email address on your account or through an in-product notice. Notices to us go to info@dailycubby.com, with a copy by post where a written notice is required.

We may update these terms as the product and the law change. The date at the top shows when the current version took effect. For material changes we will email the administrators of every active center and post a notice here at least thirty days before they take effect; other changes take effect when posted.

Continuing to use the service after a change takes effect means you accept the updated terms. A center that does not accept a material change may terminate before it takes effect and receive a refund of fees prepaid for the unused portion of its term, and may export its data as described above.

Questions about these terms, contract and legal correspondence, notices, privacy questions, and general inquiries all go to info@dailycubby.com or 650-271-6181 during business hours.

Written notice can be sent to Daily Cubby, 100 El Campo Dr, South San Francisco, CA 94080, USA.