Terms and Conditions

These Terms and Conditions (the “Terms”) govern access to and use of DaycareWebWatch.com, DaycareWebWatch mobile applications, and related services provided by MyDigitalGroup.com Inc. (collectively, the “Services”). In these Terms, “DaycareWebWatch,” “we,” “us,” and “our” mean MyDigitalGroup.com Inc.

The Services are made available through participating childcare centres and are intended for authorized childcare personnel, parents, legal guardians, and other persons expressly approved by a participating childcare centre (each a “User”). A childcare organization that purchases or administers the Services is a “Childcare Client.”

1. Acceptance and eligibility

By creating an account, signing in, or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services. If you use the Services on behalf of a Childcare Client, you represent that you are authorized to bind or act for that organization in connection with your use.

You must be legally capable of agreeing to these Terms. A parent or guardian account may be used only by the individual to whom it was issued. Children are not permitted to create or operate accounts.

2. The Services

DaycareWebWatch provides authorized Users with access to features selected by their Childcare Client. These may include secure live classroom video, electronic daily reports, newsletters, photo sharing, messaging, notifications, and related parent-communication tools.

Features and availability may vary by Childcare Client, device, location, subscription, and technical environment. A Childcare Client controls which individuals are authorized, which classrooms or children they may access, and when access begins or ends.

3. Childcare Client responsibilities

Each Childcare Client is responsible for its childcare operations and for determining that its use of cameras, live video, photos, reports, messages, and child information is lawful and appropriate. This includes providing required notices, obtaining and documenting any required consents, establishing appropriate camera placement and practices, and promptly adding, changing, or removing User access.

DaycareWebWatch does not supervise childcare operations, determine who has legal authority in relation to a child, or replace a Childcare Client’s safeguarding, emergency, staffing, recordkeeping, or regulatory obligations.

4. User accounts and security

You must provide accurate information and keep it current. You are responsible for protecting your sign-in credentials and for activity conducted through your account. You must not share credentials, permit another person to use your account, or access information beyond the permissions assigned to you.

You must notify your Childcare Client and DaycareWebWatch promptly if you suspect unauthorized access, credential compromise, incorrect classroom or child access, or another security or privacy issue. We may require identity or authority verification before restoring or changing access.

5. Live video and strict recording prohibition

Live classroom video is provided for private, real-time viewing by authorized Users. To protect children, families, staff, and visitors, you must not photograph, screenshot, screen-record, download, copy, rebroadcast, publish, transmit, distribute, display, or otherwise capture or share any live video or image from the Services.

You must not use another device, browser feature, application, or technical workaround to defeat this restriction. Suspected violations may result in immediate suspension while the matter is investigated. Confirmed violations may result in permanent loss of access, notice to the applicable Childcare Client, and other lawful action.

6. Acceptable use

You must not:

• use the Services for an unlawful, harmful, fraudulent, harassing, abusive, defamatory, or privacy-invasive purpose;
• attempt to access another User’s account, another child, classroom, centre, system, or data without authorization;
• probe, scan, test, circumvent, disable, overload, disrupt, or interfere with security, authentication, rate limits, networks, or operation of the Services;
• use bots, scrapers, automated extraction, reverse engineering, or similar methods except where applicable law expressly permits and cannot be excluded;
• upload malicious code or content that infringes another person’s rights; or
• use information obtained through the Services to shame, threaten, surveil, discriminate against, or improperly identify a child, family, staff member, or visitor.

7. Privacy

Our Privacy Policy explains how we handle personal information. Childcare Clients also have their own privacy obligations and policies. Questions about a Childcare Client’s decision to use cameras, its collection of child information, its consent process, or its authorization of Users should normally be directed to that Childcare Client.

8. Communications and support

We may send service, security, account, support, and administrative communications that are necessary to operate the Services. Marketing communications will be handled in accordance with applicable law and the choices offered in the message. Do not include passwords or unnecessary information about children in a support request.

9. Intellectual property

The Services, software, design, text, graphics, logos, and other materials supplied by DaycareWebWatch are owned by or licensed to MyDigitalGroup.com Inc. and are protected by applicable intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the Services for their intended personal or authorized business purpose.

Childcare Clients and Users retain their rights in content they lawfully provide. They grant us the limited rights necessary to host, transmit, process, back up, display, and otherwise handle that content solely to provide, secure, support, and comply with law in relation to the Services.

10. Third-party services and links

The Services may depend on or link to third-party networks, devices, app stores, payment services, email providers, support tools, or other services. Their terms and privacy practices may apply separately. We are not responsible for third-party services that we do not control.

11. Availability, maintenance, and changes

We work to provide reliable Services, but availability and video quality may be affected by maintenance, internet connectivity, power, cameras, centre equipment, mobile devices, third-party services, emergencies, security events, and other circumstances. We may maintain, repair, update, replace, suspend, or discontinue features where reasonably necessary. Where practical, we will provide notice of material changes that affect active Users or Childcare Clients.

12. Disclaimer

To the extent permitted by law, the Services are provided on an “as is” and “as available” basis. We do not guarantee uninterrupted or error-free operation, a particular image quality, or that every security threat can be prevented. The Services are a communication and viewing tool; they are not an emergency service, a substitute for direct childcare supervision, or a guarantee of child safety.

13. Limitation of liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited. Subject to that qualification and to the fullest extent permitted by applicable law, MyDigitalGroup.com Inc. and its directors, officers, employees, affiliates, and suppliers will not be liable for indirect, incidental, special, punitive, exemplary, or consequential loss, or for loss of profits, revenue, opportunity, data, or goodwill, arising from or relating to the Services.

Any additional liability terms agreed in writing between MyDigitalGroup.com Inc. and a Childcare Client govern that commercial relationship. Consumer rights and statutory protections that apply to an individual User remain unaffected.

14. Indemnity

To the extent permitted by law, you agree to indemnify MyDigitalGroup.com Inc. and its affiliates, directors, officers, employees, and agents against claims, losses, liabilities, and reasonable costs arising from your unlawful use of the Services, your unauthorized capture or disclosure of content, your infringement of another person’s rights, or your material breach of these Terms. This section does not apply to the extent a claim was caused by our own unlawful conduct.

15. Suspension and termination

We or the applicable Childcare Client may suspend, restrict, or terminate access when authorization ends; when an account or the Services may be at risk; when required by law; for non-payment under a client agreement; or for an actual or suspected breach of these Terms. Where appropriate, we may preserve information needed for security, dispute, legal, or regulatory purposes.

16. Governing law

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law rules. Subject to any mandatory consumer-protection right to bring a matter elsewhere, the courts of Ontario will have jurisdiction over disputes relating to these Terms.

17. Changes to these Terms

We may update these Terms to reflect changes to the Services, law, security, or our practices. We will post the revised Terms and update the “Last Updated” date. If a change materially affects Users’ rights or obligations, we will provide additional notice where appropriate and obtain consent where required by law. Continued use after the effective date constitutes acceptance where permitted by law.

18. General

If a provision is found unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue. A delay in enforcing a right is not a waiver. These Terms, the Privacy Policy, and any applicable written Childcare Client agreement form the relevant agreement for use of the Services; the client agreement prevails for the commercial relationship if there is a conflict.

19. Contact

Questions about these Terms may be sent to info@daycarewebwatch.com or to:

MyDigitalGroup.com Inc.
DaycareWebWatch
2-3651 Major MacKenzie Dr. West, Suite 322
Vaughan, Ontario L4H 0A2, Canada
1 (866) 516-1377, ext. 111