Mabel Nest is made by Nyxura AI Solutions Inc. ("we", "us"). These terms have two parts. Part A is the agreement between us and the licensed child-care facility that uses Mabel Nest ("the Facility"). The person who creates the Facility accepts it for the Facility. Part B is the short set of rules for everyone who has a Mabel Nest account: owners, staff and parents. By creating a facility or signing in, you agree to the parts that apply to you. Please also read our Privacy Policy.
Mabel Nest is an administrative and record-keeping tool for licensed child-care facilities. It helps the Facility record attendance and daily care, keep child and staff records, plan capacity, prepare reports, and talk with families.
Mabel Nest does not supervise, care for, or keep any child safe. It is a record-keeping and communication aid. The Facility and its staff remain fully and solely responsible for the supervision, health, safety and well-being of every child in their care. Nothing in the app reduces or transfers that duty.
Our regulation features are based on our own reading of the law, and may be inaccurate.
Capacity and ratio checks, licence limits, age groups, required records, wage grant estimates, reporting thresholds and every other rule shown in the app come from our interpretation of the child-care legislation, regulations and Licensee's Manual. Laws change, and our reading may be incomplete, out of date or inaccurate.
Always check the official regulations and your licensing consultant before relying on anything the app shows. Compliance with licensing and all other law is the Facility's responsibility alone. We do not promise that any calculation, warning, report or record meets any legal or licensing requirement, or that a claim prepared with the app will be accepted.
The regulation figures in the app are set by us and cannot be changed by a Facility. If you believe one is inaccurate, tell us and we will check it.
The Facility's owners create accounts and choose each person's role (parent, teacher or owner). The Facility is responsible for giving accounts only to people who should have them, for removing access when someone leaves, and for the accuracy of what it enters. Every account holder must be an adult; if the Facility gives an account to a staff member under 18, it is responsible for that. Children never have accounts.
The person who creates a Facility confirms that they are allowed to accept these terms for it.
The records the Facility keeps in Mabel Nest belong to the Facility. We hold and handle them for the Facility, on its instructions, as described in the Privacy Policy. Requests from a parent or staff member to see, correct or delete a record go to the Facility, and we help it answer them.
The Facility is responsible for having the consent it needs from families and staff to record their information, including a parent's or guardian's consent for their child's information and photos.
The Facility lets us store, copy, process and show its information only to run, secure, back up and support Mabel Nest for it. We do not sell it, use it for advertising, or use it, even with names removed, to train artificial intelligence.
Our staff look at a Facility's records only to give support the Facility asks for, to keep Mabel Nest secure, or when the law requires it.
We keep reasonable safeguards, described in the Privacy Policy, including access rules enforced by the database, encrypted connections, private photo storage and optional two-step sign-in. No system is perfectly secure, and we do not promise that it is.
The Facility's records are stored in Canada. Some of the services listed in section 9 handle parts of it elsewhere, mainly in the United States, to do their job: sending notifications to phones, sending email, taking payments, and the optional AI assistant if we make it available. We will tell the Facility before we change where its records are stored.
If we learn that someone has reached the Facility's information without permission, we will tell the Facility without undue delay and give it what it needs to meet its own duties. Where there is a real risk of significant harm, the people affected and the Privacy Commissioner of Canada must be told; the Facility is responsible for that, and we will help it, or do it for the Facility if it asks us to.
If a government body or court asks us for a Facility's information, we will first refer it to the Facility. We disclose only what the law compels, and we tell the Facility unless the law forbids it.
Billing has not started yet. Until we give the Facility at least 30 days' notice that it is starting, Mabel Nest is free, nothing is charged, and the rest of this section does not apply.
We work to keep Mabel Nest available and the data safe, but we cannot promise it will always be available, error-free or that information will never be lost. The Facility should keep any record the law requires it to keep in a form it can produce without the app, such as printed copies or the reports it downloads.
Before planned maintenance, we give notice in the app where we can. We may improve or change features. We will not remove a feature the Facility uses to keep a record the law requires without telling it first and giving it a way to download that record.
Features marked optional or preview, such as the AI assistant, can change or be withdrawn. A feature that is included now will not start costing extra without 30 days' notice.
Support is included at no extra charge, by email to the address in section 14. We aim to reply within two business days.
The app is provided "as is" and "as available", without warranties of any kind, to the fullest extent permitted by law. To the fullest extent permitted by law, we are not liable for any indirect, incidental or consequential loss, or for any harm, penalty, refused claim or licensing action arising from reliance on the app's records, calculations, regulation checks, reports or messages. Nothing in these terms limits liability that cannot be limited by law.
Where we are liable, our total liability for all claims together is limited to the greater of the fees the Facility paid us in the 12 months before the claim arose, or $100 (Canadian).
The Facility will cover our reasonable costs and losses from a claim by someone else that arises from the information the Facility or its users put into the app, from their breach of these terms or of the law, or from the care of children at the Facility, except to the extent the claim is caused by our own breach of these terms.
We are not responsible for a delay or failure caused by something outside our reasonable control, such as a power or internet outage, a failure at a service we rely on, or a natural disaster.
Mabel Nest runs on services provided by others: Supabase (accounts, database and storage, in Canada); Expo (hosting the web app, and passing notifications to Apple's and Google's notification services, in the United States); Google Workspace (sending email); and Stripe (payments, so card details go to Stripe and never to us). If we make the optional AI assistant available, what you type into it is processed by an AI model provider in the United States and the conversation is kept with the Facility's records; its answers can be inaccurate and are not professional, legal or medical advice. These providers' own terms and privacy practices also apply.
We may suspend an account or a Facility straight away only to protect children, to keep Mabel Nest or other Facilities secure, or because the law requires it, and we will tell the Facility's owner why. For any other breach of these terms, we will first tell the Facility in writing and give it 14 days to put it right. Suspension never deletes the records the law requires the Facility to keep.
The Facility may stop using Mabel Nest at any time.
Each person can delete their own account from Get help in the app. A Facility's owner can close the whole Facility there. Both happen after a 7-day wait in which they can be cancelled. A Facility's only owner cannot delete just their own account, because the Facility would be left with nobody to manage it; they can close the Facility instead, or add another owner first.
When a Facility closes, the records child-care law requires it to keep are kept for at least 6 years, longer where the law requires, and are then deleted. Before closing, the Facility can download its monthly attendance and staff hours reports. After it closes, we will send the Facility a copy of the records we kept, on request, once we have confirmed that the request comes from the Facility's owner. See Delete your account.
If we ever stop offering Mabel Nest, we will give every Facility at least 90 days' notice by email and a way to download every record the law requires it to keep, in a format it can read without Mabel Nest. We will refund any part of a prepaid period after Mabel Nest stops.
We may update these terms. We will give the Facility at least 30 days' notice by email of any change that materially affects it, before the change takes effect. A Facility that does not accept the change can stop using Mabel Nest before it takes effect, and we will refund the unused part of a prepaid year.
We send notices to the email address of the Facility's owners and may also show them in the app. The Facility can write to us at the address in section 14. Email counts as "in writing".
If there is a disagreement, we will both first try to settle it in good faith by email for 30 days. If that does not work, it goes to the courts of Saskatchewan, and either of us may use small claims court where it applies. These terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada that apply there. Nothing in these terms takes away a right the law gives you.
Contact: noreply@regina-montessori.com
These apply to every owner, staff member and parent with a Mabel Nest account. Your daycare decides who gets an account and what it is used for; these rules are ours.
Photos and messages must be for the daycare's legitimate child-care purposes.
If you see a message, photo or behaviour that is abusive or unlawful, tell your daycare's owner, or email us at noreply@regina-montessori.com. We may remove unlawful or abusive content and, as section 10 sets out, suspend an account used for misuse; we will tell the daycare's owner.
Your daycare keeps its records in Mabel Nest, and we handle them as described in the Privacy Policy. What you write yourself is shared with your daycare.
Mabel Nest is a record-keeping and communication tool. It does not supervise children, and records can be incomplete or late (section 2). We are not responsible for what your daycare or other users write in it. Nothing in these rules takes away a right the law gives you.
If you use Mabel Nest from Apple's App Store, these terms are between you and us, not Apple. We, not Apple, are responsible for the app, its support and any claims about it. Apple's own Licensed Application End User License Agreement also applies to the app, and Apple's App Store rules apply to its download. Plans are chosen in Mabel Nest on the web, not in the app.