TERMS OF USE
Last updated: August 2026
Welcome to Her Yes Club Inc. (“Her Yes Club,” “we,” “our,” or “us”).
These Terms of Use (“Terms”) govern your access to and use of the Her Yes Club website, mobile application, and related services (collectively, the “Platform”).
By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Platform.
These Terms apply to all users of the Platform, including families seeking childcare (“Families”) and home daycare providers (“Providers”).
These Terms should be read together with our Privacy Policy, which explains how we collect, use, and protect your information.
1. About Her Yes Club
Her Yes Club is an online technology platform designed to:
- help independent home daycare Providers manage their childcare businesses;
- help Families discover and connect with Providers who may meet their childcare needs; and
- provide tools that support communication between Families and Providers.
Her Yes Club is not a childcare provider.
Her Yes Club does not employ Providers, supervise childcare services, act as an employment agency, staffing agency, recruitment agency, or childcare referral service.
Any childcare arrangement, agreement, or relationship formed through the Platform exists solely between the Family and the Provider.
2. Eligibility
To use the Platform, you must:
- be at least 18 years of age;
- have the legal capacity to enter into a binding agreement;
- reside in a country or region where Her Yes Club offers its services; and
- comply with all applicable laws in your jurisdiction.
Providers are solely responsible for ensuring they comply with all applicable federal, provincial, territorial, state, and local laws, regulations, licensing requirements, tax obligations, and any other legal requirements relating to the childcare services they provide.
Her Yes Club reserves the right to refuse or terminate access to the Platform if we believe a user no longer meets these eligibility requirements.
3. User Accounts
You are responsible for maintaining the confidentiality of your account credentials.
You agree to:
- provide accurate and complete information;
- keep your account information current;
- maintain only one account unless expressly authorized otherwise by Her Yes Club; and
- promptly notify us if you believe your account has been accessed without authorization.
You are responsible for all activity that occurs under your account.
4. Providers
Providers are independent business owners who use Her Yes Club to manage and promote their childcare services.
Providers are solely responsible for:
- the information contained in their profiles;
- the childcare services they provide;
- setting their own rates, schedules, and policies;
- complying with all applicable laws and regulations; and
- maintaining any licences, permits, insurance, or certifications required in their jurisdiction.
Provider Availability
Before turning on their availability and making their profile visible to Families searching for childcare, a Provider must confirm that they possess:
- a current Vulnerable Sector Check; and
- valid CPR and First Aid certification.
By turning on their availability, the Provider represents and warrants that these statements are true, accurate, and current.
Her Yes Club does not independently verify, inspect, or guarantee the validity, authenticity, or currency of these representations.
Families are responsible for conducting their own due diligence before selecting a Provider, including requesting documentation they consider necessary.
5. Families
Families are responsible for selecting a Provider that best meets their needs.
Her Yes Club does not recommend, endorse, guarantee, or certify any Provider listed on the Platform.
Families are responsible for evaluating Providers before entering into any childcare arrangement, including reviewing profiles, asking questions, requesting documentation, interviewing Providers, and making any other inquiries they consider appropriate.
Any childcare agreement entered into between a Family and a Provider is solely between those parties.
Her Yes Club is not a party to that agreement.
6. Care Requests and Communication
Families may search for Providers through the Platform.
Families who purchase a Care Request Membership may submit Care Requests to Providers using the Platform.
Providers are under no obligation to accept any Care Request.
Likewise, Families are under no obligation to enter into a childcare arrangement with any Provider.
Her Yes Club simply provides the technology that allows Families and Providers to discover and communicate with one another.
We do not guarantee that a Care Request will result in childcare being secured.
7. Acceptable Use
You agree that you will not:
- provide false or misleading information;
- impersonate another person;
- use the Platform for any unlawful purpose;
- harass, threaten, intimidate, or abuse another user;
- upload malicious software or attempt to interfere with the Platform;
- copy, scrape, or harvest data from the Platform without our written permission;
- use automated tools to access the Platform;
- infringe upon another person’s intellectual property rights; or
- use the Platform in any manner that could damage Her Yes Club or its users.
We reserve the right to suspend or terminate accounts that violate these Terms.
8. Memberships and Subscriptions
Her Yes Club offers different products and services for Families and Providers. By purchasing a membership or subscription, you agree to pay the fees displayed at the time of purchase.
Prices may change from time to time. Any pricing changes will apply to future purchases or renewal periods and will not affect memberships or subscriptions that have already been purchased.
Applicable taxes may be added where required by law.
Family Memberships
Families may create an account, browse Providers, and search for childcare at no cost.
To send Care Requests to Providers, Families must purchase an annual Care Request Membership.
The Care Request Membership allows a Family to send an unlimited number of Care Requests to Providers for a period of twelve (12) months from the date of purchase.
The current membership fee is $25 per year, plus applicable taxes.
Once a Family has secured childcare, they are not required to maintain an active Care Request Membership in order to continue communicating with their existing Provider through the Platform.
If a Family wishes to search for new childcare and send additional Care Requests after their membership expires, a new Care Request Membership must be purchased.
Her Yes Club does not guarantee that purchasing a Care Request Membership will result in securing childcare or receiving responses from Providers.
Provider Subscriptions
Providers may access certain features of the Platform through a paid subscription.
Subscription plans, pricing, included features, billing frequency, and any free trial offers are displayed within the Platform at the time of purchase.
By subscribing, Providers authorize Her Yes Club to charge the payment method associated with their account for the applicable subscription fees and any applicable taxes.
Provider subscriptions automatically renew unless cancelled before the next billing date.
Providers may cancel their subscription at any time. Cancellation will prevent future renewal charges but does not entitle the Provider to a refund for the current billing period unless required by applicable law.
9. Payments
Payments made through the Platform are processed by a third-party payment processor.
By submitting payment information, you represent that you are authorized to use the selected payment method.
If a payment cannot be processed, Her Yes Club may suspend or limit access to paid features until payment has been successfully completed.
Her Yes Club is not responsible for fees or charges imposed by your financial institution or payment provider.
10. Refund Policy
Except where required by applicable law, all membership fees, subscription fees, and other purchases made through the Platform are non-refundable.
Her Yes Club may, at its sole discretion, issue a full or partial refund in exceptional circumstances.
A Family’s inability to secure childcare or a Provider’s inability to secure new clients does not entitle either party to a refund.
11. Cancellation
Families may choose not to renew their Care Request Membership at the end of the membership term.
Providers may cancel their subscription at any time through their account settings.
Cancellation does not affect charges already processed or fees owing for the current billing period.
12. Suspension and Termination
Her Yes Club reserves the right to suspend, restrict, or terminate any account at any time if we reasonably believe that a user has:
- violated these Terms;
- provided false or misleading information;
- engaged in fraudulent or illegal activity;
- misused the Platform;
- infringed upon the rights of another user; or
- used the Platform in a manner that may harm Her Yes Club or its users.
Where appropriate, we may provide notice before suspending or terminating an account, but we are not obligated to do so.
If your account is terminated, you remain responsible for any outstanding amounts owed to Her Yes Club.
13. Privacy
Your privacy is important to us.
Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy.
By using the Platform, you consent to the collection and use of your information as described in our Privacy Policy.
You are responsible for ensuring that any information you provide through the Platform is accurate and up to date.
14. Electronic Communications
By creating an account, you consent to receive electronic communications from Her Yes Club, including account notifications, transactional emails, membership information, receipts, policy updates, and other communications relating to your use of the Platform.
Where required by law, you may opt out of receiving promotional or marketing communications at any time. However, you may continue to receive essential service-related communications regarding your account.
15. User Content
You retain ownership of the content and information that you submit, post, or otherwise make available through the Platform, subject to the rights granted to Her Yes Club under these Terms.
By submitting content to the Platform, you grant Her Yes Club a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, and use that content as reasonably necessary to operate, maintain, improve, and provide the Services.
You represent and warrant that:
- you own or have the necessary rights and permissions to submit the content;
- the content is accurate to the best of your knowledge;
- the content does not violate these Terms or any applicable law; and
- the content does not infringe the intellectual property, privacy, or other rights of another person.
You are solely responsible for the content you submit.
Her Yes Club may remove or restrict access to content that we reasonably believe violates these Terms, applicable law, or the safety or rights of our users.
16. Intellectual Property
The Platform and its contents, including but not limited to its software, design, branding, logos, graphics, text, features, functionality, and other materials, are owned by or licensed to Her Yes Club Inc. and are protected by applicable intellectual property laws.
Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, sell, license, publish, transmit, or create derivative works from any part of the Platform without our prior written permission.
You may use the Platform solely for its intended purpose and in accordance with these Terms.
Her Yes Club, the Her Yes Club name, logo, and related branding are trademarks or intellectual property of Her Yes Club Inc. You may not use them without our prior written permission.
17. Third-Party Services and Links
The Platform may contain links to or integrate with websites, applications, payment processors, background-check services, software, or other services operated by third parties.
Her Yes Club does not control and is not responsible for third-party services, websites, content, policies, or practices.
Your use of third-party services may be subject to additional terms and privacy policies imposed by those third parties.
A link or integration does not constitute an endorsement by Her Yes Club.
18. Disclaimer of Warranties
The Platform and Services are provided on an “as is” and “as available” basis.
To the maximum extent permitted by applicable law, Her Yes Club makes no representations or warranties that:
- the Platform will always be available or uninterrupted;
- the Platform will be free from errors, defects, or security vulnerabilities;
- information provided through the Platform will always be accurate, complete, or current;
- the Services will meet your particular needs or expectations; or
- you will find suitable childcare, secure a childcare arrangement, or obtain clients through the Platform.
Her Yes Club does not guarantee the conduct, qualifications, suitability, reliability, availability, or performance of any Family or Provider.
Any information, reviews, profiles, communications, or other content provided by users belongs to those users and does not necessarily represent the views or opinions of Her Yes Club.
Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot legally be excluded or limited under applicable law.
19. Childcare Services and User Conduct
Her Yes Club provides technology that allows Families and Providers to connect. We do not provide childcare services and do not supervise, direct, or control childcare provided by Providers.
Providers are independent service providers and are solely responsible for the childcare services they provide.
Families are solely responsible for selecting Providers and determining whether a Provider is appropriate for their family.
Her Yes Club is not responsible for the actions, omissions, conduct, representations, or services of any Family or Provider.
Any dispute concerning childcare services, payment between a Family and Provider, scheduling, conduct, or any other matter arising from their relationship must be addressed between the parties involved.
We encourage users to exercise appropriate caution and conduct their own due diligence before meeting or entering into an arrangement with another user.
20. Limitation of Liability
To the maximum extent permitted by applicable law, Her Yes Club Inc. and its directors, officers, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:
- your use of or inability to use the Platform;
- your interactions or communications with other users;
- any childcare arrangement entered into through the Platform;
- the conduct, acts, or omissions of another user;
- information or content provided by users;
- loss of data, revenue, business, or opportunities; or
- the suspension or termination of your account.
To the maximum extent permitted by applicable law, the total aggregate liability of Her Yes Club arising out of or relating to these Terms or your use of the Platform will not exceed the greater of:
(a) the amount you paid to Her Yes Club during the twelve (12) months immediately preceding the event giving rise to the claim; or (b) $25.
Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded under applicable law, including liability for fraud or other liability that applicable law prohibits us from excluding.
21. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Her Yes Club Inc. and its directors, officers, employees, contractors, agents, affiliates, licensors, and service providers from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from or related to:
- your use of the Platform;
- your content or information;
- your interactions or arrangements with another user;
- your violation of these Terms;
- your violation of applicable law; or
- your infringement of the rights of another person or entity.
Her Yes Club reserves the right to assume the exclusive defence of any matter subject to indemnification, and you agree to reasonably cooperate with that defence.
22. Governing Law and Disputes
If you are a resident of Canada, these Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, except where applicable consumer protection legislation requires otherwise.
If you are a resident of the United States and Her Yes Club offers the Services in your jurisdiction, these Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, except to the extent that the application of those laws is prohibited by the mandatory laws of your state of residence.
Nothing in these Terms is intended to deprive you of any consumer protection rights or other rights that cannot legally be waived under the laws applicable to you.
Where permitted by applicable law, you agree that disputes arising from these Terms or your use of the Platform will be brought before the courts located in Ontario, Canada.
23. Changes to These Terms
Her Yes Club may update these Terms from time to time to reflect changes to our Services, business practices, legal requirements, or other circumstances.
When we make material changes, we may provide notice through the Platform, by email, or by other reasonable means.
Your continued use of the Platform after updated Terms take effect constitutes your acceptance of the revised Terms.
If you do not agree with updated Terms, you must stop using the Platform and may request to delete your account.
24. General
These Terms, together with our Privacy Policy and any other policies expressly incorporated into these Terms, constitute the agreement between you and Her Yes Club regarding your use of the Platform.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.
Her Yes Club’s failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
Her Yes Club may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, sale of assets, corporate reorganization, or similar transaction.
These Terms do not create a partnership, joint venture, employment, agency, or other relationship between you and Her Yes Club.
25. Contact Us
If you have questions about these Terms or the Platform, please contact Her Yes Club Inc. at hello@heryesclub.ca.