These Terms of Use (the “Terms”) govern your access to and use of the MonGardy mobile applications, websites, and related services (collectively, the “Service”), operated by Logiciel Candy Inc., a corporation incorporated under the laws of Quebec, doing business as “MonGardy” (“MonGardy”, “we”, “us”).
Draft pending review by Quebec counsel. This page is published so daycares can review the structure; the final version will be confirmed before production launch.
Last updated: May 2026.
1. Acceptance of these Terms
By accessing the Service, you confirm that you have read, understood, and agreed to these Terms and to our Privacy Policy. If you do not agree, you must not access the Service.
2. Who the Service is for
MonGardy is provided to childcare establishments (centres de la petite enfance, garderies privées, milieux familiaux, and similar; each, a “Daycare”) in Quebec and, where supported, elsewhere in Canada. Through a Daycare, the Service is made available to:
- Directors and administrators of the Daycare;
- Educators assigned to a Daycare’s classrooms; and
- Parents and guardians linked to children enrolled at the Daycare.
MonGardy is invite-only. There is no public self-service registration. Access for educators and parents/guardians is provisioned by the Daycare. You may use the Service only if your Daycare has invited you and you accept your invitation.
3. Eligibility and account use
To use the Service, you must (a) be of the age of majority in your jurisdiction, or have authorization from a parent/guardian or your employer; (b) provide accurate information; and (c) keep your credentials confidential. You are responsible for activity under your account.
A Daycare is responsible for the accounts it provisions, including promptly revoking access when an educator leaves or a child’s enrollment ends.
4. Acceptable use
You agree not to:
- Use the Service in violation of any applicable law, including Quebec’s privacy and childcare legislation;
- Upload content that you do not have the right to share, or that infringes the rights of any third party (including child or parent privacy);
- Upload photos of a child without the active media consent recorded for that child;
- Use the Service to send unsolicited messages, harass, or harm others;
- Attempt to access data belonging to a child, parent, educator, or Daycare you are not authorized to access;
- Probe, scan, or test the vulnerability of the Service, or interfere with its operation;
- Reverse engineer, decompile, or attempt to extract source code, except where the law specifically permits it.
5. Your content
Daily reports, photos, messages, and other content you submit through the Service (“Your Content”) remain owned by the person or Daycare that submitted them. You grant MonGardy a limited, non-exclusive licence to host, transmit, display, and process Your Content solely to operate the Service for you and your Daycare.
Media (photos) are governed by the per-child consent recorded in the Service. Photos may not be shared with families who are not linked to the child shown.
6. Artificial intelligence
The Service does not currently use artificial intelligence to process personal information. If AI-assisted features are introduced (for example, to help draft child progress reports from accumulated educator observations), any AI-drafted content will always be reviewed and approved by a human educator or director before it is shared with families. The Service will not use AI to generate routine daily reports or parent-educator messages, and will not produce medical, psychological, or developmental diagnoses. We will update our Privacy Policy to disclose any such processing — including any cross-border transfer — before it begins.
7. Privacy and data processing
How we handle personal information generally is described in our Privacy Policy. The clauses below are our data processing terms: for personal information inside the MonGardy app, the Daycare is the controller and MonGardy (Logiciel Candy Inc.) acts as processor on the Daycare's behalf. These terms form part of these Terms, so no separate agreement needs to be signed; a countersigned copy for a compliance file is available on request at privacy@mongardy.com.
7.1 Scope. These terms apply to application data — children's profiles, daily reports, educator observations, progress reports, parent–educator messages, attendance, and photos — processed on the Daycare's instructions. They are governed by Quebec's Law 25 and, where applicable, PIPEDA, the GDPR, and the CCPA.
7.2 Our instructions. We process this data only on the Daycare's documented instructions — which these Terms and the Daycare's use of the Service constitute — and never for our own purposes. We do not sell or rent personal information.
7.3 Confidentiality. Everyone we authorize to process the data is bound by confidentiality obligations.
7.4 Security. We maintain reasonable technical and organizational measures appropriate to the sensitivity of the data, including encryption in transit and at rest, role-based and child/classroom-scoped access, and audit logging of sensitive actions.
7.5 Sub-processors. The Daycare authorizes us to engage sub-processors to deliver the Service, each bound by written terms no less protective than these. We keep a current list (available on request) and will give notice of new sub-processors that handle application data; a Daycare may object on reasonable, legitimate grounds.
7.6 Confidentiality incidents. If we become aware of a confidentiality incident affecting the Daycare's data, we will notify the Daycare without undue delay and assist with any notification it must make to Quebec's Commission d'accès à l'information or to affected individuals.
7.7 Assistance and individual rights. We will reasonably assist the Daycare in responding to access, correction, and withdrawal-of-consent requests and in carrying out privacy impact assessments. If a parent or other individual contacts us directly about app data, we will direct them to their Daycare, which controls that data.
7.8 Location of data. We aim to host application data in Canada. We will not transfer personal information outside Quebec without first conducting the assessment Law 25 requires, and we will disclose any such transfer.
7.9 Retention, return, and deletion. A Daycare may export its data at any time during the term and may request a full export within 30 days after termination, after which we delete it; backups are purged on our regular rotation cycle. We may retain anonymized or aggregated data that identifies no one.
7.10 Daycare responsibilities. The Daycare is responsible for having a lawful basis and the necessary consents for the data it enters, including that, under Quebec law, consent for a child under 14 is given by the person having parental authority.
7.11 Precedence. If there is a conflict between these data processing terms and the rest of the Terms regarding the processing of personal information, these data processing terms prevail.
8. Service availability and changes
We aim to keep the Service available but do not guarantee uninterrupted operation. We may modify, suspend, or discontinue parts of the Service, and we may release updates that change features. We will make reasonable efforts to communicate material changes to Daycares in advance.
9. Fees
Fees, if any, are agreed between MonGardy and the Daycare separately from these Terms. Educators and parents/guardians invited by a Daycare do not pay to use the Service.
10. Suspension and termination
We may suspend or terminate access to the Service if a person or Daycare materially breaches these Terms, including the acceptable-use rules. A Daycare may terminate the Service at any time on written notice; on termination, the Daycare may request an export of its data as described in the Privacy Policy.
11. Disclaimer of warranties
To the extent permitted by law, the Service is provided “as is” and “as available”, without warranty of any kind. MonGardy does not guarantee that the Service will be error-free, uninterrupted, or fit for a particular purpose. The Service is a communication tool; it does not replace the professional judgement of the Daycare’s educational team.
12. Limitation of liability
To the maximum extent permitted by law, MonGardy will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, revenue, or profits. Our aggregate liability arising from or related to the Service will not exceed the fees paid by the Daycare in the twelve (12) months preceding the event giving rise to the claim, or one hundred Canadian dollars (CAD $100), whichever is greater.
Nothing in these Terms limits liability that cannot be excluded under Quebec law.
13. Indemnity
You agree to indemnify and hold harmless MonGardy from claims, damages, and expenses arising from (a) your breach of these Terms or applicable law, or (b) your misuse of the Service, including unauthorized sharing of a child’s information or photos.
14. Governing law and jurisdiction
These Terms are governed by the laws of the Province of Quebec and the laws of Canada applicable in Quebec. The courts of the judicial district of Montreal have exclusive jurisdiction over any dispute, subject to any mandatory consumer-protection rules.
15. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, give Daycares reasonable advance notice. Continued use of the Service after the changes take effect constitutes acceptance.
16. Contact
Questions about these Terms? Write to bonjour@mongardy.com. For privacy-specific requests, see the contact details in the Privacy Policy.
Last updated: May 2026.