Terms & Conditions

These Terms & Conditions (“Terms”) govern your use of OpenCubby’s services Services during our early concierge trial. By joining the waitlist or participating in this trial service, you agree to these Terms.

1. Use of Services

OpenCubby is currently offered as a limited service to help families explore and secure childcare options during our trial phase.
By joining the waitlist or participating in the service, you acknowledge and agree that this is a pilot offering and features may change as we develop the full platform.
The service is intended solely for parents, guardians, and childcare providers who are evaluating or testing the OpenCubby model. OpenCubby reserves the right to modify or remove your access at any time for any reason.
We reserve the right to modify, pause, or discontinue parts of the service during the trial period.
You agree to use the service for lawful purposes and to provide accurate information when engaging with OpenCubby representatives.
Your participation during this trial does not guarantee or entitle you to future participation in further trials or OpenCubby’s Services.

2. Waitlist and Communications

Joining the waitlist or participating in the trial requires providing accurate contact information. OpenCubby reserves the right to end your immediate and future participation for submitting misleading, inaccurate, or false information.
By signing up, you consent to receive communications from OpenCubby regarding the trial, updates, and related opportunities.
You may opt out of promotional communications at any time by emailing hello@opencubbyspot.com.

3. Responsibilities of Families and Providers

During this trial phase, OpenCubby acts only as an intermediary to introduce families and providers. We do not employ or supervise childcare providers.
Families are responsible for determining whether a provider meets their childcare needs and for making independent decisions about care arrangements.
Providers are responsible for ensuring they meet all licensing, safety, and regulatory requirements applicable to their services. Families are responsible for verifying Providers’ licensing, safety, and regulatory requirements applicable to Providers’ services.
OpenCubby encourages open communication between families and providers but does not verify credentials or guarantee the quality of care.
Participation in this trial means you understand that OpenCubby is not a childcare provider and is facilitating introductions only.

4. Payments (If Applicable)

During this trial, some services may be offered free of charge, while others may require payment.
OpenCubby is not responsible for payment disputes between families and providers.

5. Intellectual Property

Ownership of Content: All content, features, and functionality on this website (including text, graphics, logos, icons, images, videos, audio clips, digital downloads, data compilations, software, and the overall design and arrangement thereof—are the exclusive property of OpenCubby, LLC, its licensors, or other content providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use this website and its content solely for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from this website without express written consent from OpenCubby LLC.
All trademarks, service marks, trade names, logos, and trade dress displayed on the website are proprietary to OpenCubby LLC or their respective owners. Nothing on this site should be construed as granting, by implication or otherwise, any license or right to use any trademark without the prior written permission of OpenCubby LLC or the applicable owner.
All rights not expressly granted in these Terms are reserved by OpenCubby LLC. Unauthorized use of any material from this website may violate copyright, trademark, and other laws, and may result in civil and/or criminal penalties.
Infringement Claims: If you believe that any content on this website infringes your intellectual property rights, please contact us at hello@opencubbyspot.com with a detailed description of the alleged infringement. OpenCubby LLC complies with applicable laws, including the Digital Millennium Copyright Act (DMCA), and will promptly respond to valid notices.

6. Limitation of Liability

OpenCubby is currently providing a trial service to connect families with childcare options. We do not directly provide childcare services.
Families and providers are solely responsible for evaluating whether a childcare arrangement meets their needs, complies with regulations, and is safe and appropriate.
While we aim to make the process easier, OpenCubby does not guarantee the availability, suitability, or quality of any childcare services arranged through our trial.
To the fullest extent permitted by law, OpenCubby shall not be liable for any loss, injury, claim, or damages arising out of or related to your participation in this service.
Your use of this trial service is at your own discretion and risk.

7. Indemnification

You agree to defend, indemnify, and hold harmless OpenCubby LLC, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to reasonable attorneys’ fees) arising out of or relating to:

Your use of the OpenCubby Services, including any data or content transmitted or received by you;
Your violation of these Terms of Use, any applicable law, regulation, or third-party right (including intellectual property or privacy rights);
Your content submissions, including any claims that such content infringes or misappropriates the intellectual property rights of a third party or otherwise causes damage to any person or entity;
Your violation of any law or rights of a third party; or
Any activity under your account (whether authorized or unauthorized).

You agree that OpenCubby LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder, and you agree to cooperate with OpenCubby’s defense of such claims. You shall not, in any event, settle any claim without the prior written consent of OpenCubby LLC. This indemnity obligation will survive the termination or expiration of your use of the Services and these Terms.

8. Termination

OpenCubby LLC reserves the right, in its sole discretion and without prior notice, to suspend or terminate your access to the Services at any time, for any reason, including but not limited to violation of these Terms of Use, conduct that harms these OpenCubby Services, or the interests, reputation, or operations of OpenCubby’s Services, its users, or third parties; violation of application laws or regulations; or technical or security issues that compromise the Services.

Upon termination, your right to use the website shall immediately end and OpenCubby may delete or deactivate your use and account and associated information without liability to you or any third party. All provisions of these terms which by their nature should survive termination shall survive. Termination of your access or account does not waive or affect any rights or remedies available to OpenCubby LLC under these Terms, at law, or in equity.

9. Governing Law

These Terms are governed by the laws of the state of Arizona, without regard to its conflict of law provisions.

10. Changes to Terms

We may update these Terms from time to time. Updates will be posted on this page with a new effective date.

11. Contact Us

If you have questions about these Terms, contact us at:
Email: hello@opencubbyspot.com