Terms of Service
Effective date: February 28, 2026 Last updated: February 28, 2026
Introduction & Acceptance
Welcome to Opairly. These Terms of Service ("Terms") govern your access to and use of the Opairly web application, available at opairly.nl (the "Service"), operated from the Netherlands.
By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. If you are using the Service on behalf of a household or organization, you represent that you have the authority to bind that household or organization to these Terms.
We recommend that you read these Terms carefully before using the Service. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Opairly ("we," "us," or "our").
Also see our privacy policy and our trust & security page for information about how we protect your data.
Definitions
For the purposes of these Terms:
- Service: The Opairly web application, including all features, content, and functionality available at opairly.nl and any associated subdomains.
- Account: Your personal user account, created through email-based magic link authentication.
- Household: A shared workspace within the Service, created by a family member, to which au pairs and additional family members may be invited.
- Family Member: A user with the "family" role, who has administrative access to a Household, including the ability to manage tasks, settings, house rules, child profiles, emergency contacts, and invite codes.
- Au Pair: A user with the "aupair" role, who has limited access within a Household, including the ability to view tasks, log hours, view house rules, view emergency information, and submit leave requests.
- Content: Any data, text, information, schedules, house rules, feedback, references, or other materials that users enter, upload, or generate through the Service.
- Invite Code: A unique code generated per Household that allows new users to join in a specific role (family member or au pair).
Account Registration
3.1 Eligibility. You must be at least 16 years of age to create an account, in accordance with Article 5 of the Dutch GDPR Implementation Act (UAVG). If you are under 18, you confirm that you have the consent of a parent or legal guardian to use the Service.
3.2 Authentication. The Service uses email-based magic link authentication. No passwords are created or stored. You are responsible for maintaining access to the email address associated with your account.
3.3 Accuracy of Information. You agree to provide accurate and current information when creating your account and to keep this information up to date. You may not impersonate another person or use an email address that you are not authorized to use.
3.4 Account Security. You are responsible for all activity that occurs under your account. If you suspect unauthorized access to your account, you must notify us immediately at hello@opairly.nl. We are not liable for any loss or damage resulting from unauthorized use of your account.
3.5 One Person Per Account. Each account is intended for use by a single individual. Sharing account access with others is not permitted.
Use of the Service
4.1 Permitted Use. The Service is intended to help host families and au pairs in the Netherlands manage their au pair household. This includes, among other things:
- Creating and assigning daily tasks;
- Tracking working hours by category (childcare, household);
- Maintaining weekly schedules and a calendar;
- Documenting and sharing house rules;
- Managing leave requests;
- Managing child profiles, including medical data (with explicit consent);
- Storing emergency contacts and emergency procedures;
- Conducting weekly check-ins between family and au pair;
- Creating and sharing reference letters;
- Submitting feedback and ratings;
- Exporting documents (PDF, Excel, and JSON) for agency or administrative purposes;
- Receiving push notifications about tasks and updates.
4.2 Prohibited Use. You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Attempt to gain unauthorized access to any part of the Service, other accounts, or any systems or networks connected to the Service;
- Interfere with or disrupt the integrity or performance of the Service;
- Reverse engineer, decompile, or disassemble any aspect of the Service;
- Use automated means (bots, scrapers, or similar tools) to access the Service without our prior written consent;
- Use the Service to store or transmit malicious code;
- Resell, sublicense, or commercially redistribute the Service or any part thereof.
4.3 Availability. We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
User Responsibilities
5.1 Compliance with Law. You are solely responsible for ensuring that your use of the Service and the au pair arrangement in your household comply with all applicable Dutch laws and regulations, including but not limited to regulations concerning au pair working hours, rest periods, compensation, and immigration requirements set by the Immigration and Naturalisation Service (IND).
5.2 Data Accuracy. You are responsible for the accuracy and completeness of all data you enter into the Service, including task assignments, hour logs, house rules, and leave requests. The Service records data as entered by users and does not independently verify its accuracy.
5.3 Employer Obligations. If you are a host family, you acknowledge that the Service does not fulfill or replace your legal obligations as a host to an au pair. These obligations include but are not limited to providing adequate living conditions, insurance, pocket money, and complying with all conditions of the au pair's residence permit.
5.4 Respectful Use. You agree to use the Service respectfully and not to enter content that is offensive, discriminatory, threatening, or otherwise inappropriate.
Household & Invite System
6.1 Household Creation. Family members may create a Household within the Service. The creating user becomes the administrator and owner of that Household.
6.2 Invite Codes. Each Household generates two types of invite codes: one for inviting additional family members and one for inviting au pairs. The user's role within the Household is determined by which invite code they use to join.
6.3 Responsibility for Invitees. The family member who manages a Household is responsible for ensuring that invite codes are shared only with intended recipients. You should treat invite codes as confidential. If you believe an invite code has been compromised, you may regenerate it through the Service settings.
6.4 Role Permissions. Family members have full administrative access, including managing tasks, child profiles, emergency contacts, settings, and house rules, and approving or rejecting leave requests. Au pairs have limited read access and can view and complete tasks, log hours, view house rules and emergency information, and submit leave requests. These role distinctions are built into the Service and cannot be customized by users.
6.5 Shared Data. All users within a Household can view certain shared data, including task assignments, schedules, house rules, emergency contacts, child profiles, and leave request statuses. By joining a Household, you consent to other members of that Household viewing data relevant to the household's operation.
Disclaimer — Not Legal or Compliance Advice
7.1 No Legal Advice. The Service is a household management and scheduling tool. It is NOT a legal advisory service, and nothing provided through the Service constitutes legal advice, compliance certification, or a guarantee of regulatory compliance.
7.2 Hour Tracking Limitations. While the Service includes features that reference Dutch au pair regulation limits (such as maximum working hours of 30 hours per week and 8 hours per day), these features are provided solely as a convenience for tracking purposes. The presence of these features does not guarantee that your household is in compliance with Dutch law, IND requirements, or any au pair agency's policies.
7.3 Export Documents. The PDF, Excel, and JSON documents generated by the Service (including weekly schedules, house rules exports, and data exports) are administrative tools intended to assist with record-keeping. These documents do not carry any legal standing and are not certified or validated by any government body, agency, or legal authority.
7.4 User Responsibility. You remain solely and fully responsible for:
- Complying with all applicable Dutch au pair regulations, including those set forth in the relevant provisions of the Dutch Immigration Act (Vreemdelingenwet 2000) and associated regulations;
- Meeting all requirements of the IND for au pair residence permits;
- Fulfilling all obligations towards au pair placement agencies;
- Ensuring actual working hours, rest periods, and conditions meet legal requirements, regardless of what is recorded in the Service;
- Seeking independent legal counsel if you have questions about your legal obligations.
7.5 No Warranty of Compliance. We expressly disclaim any warranty or representation that use of the Service will result in compliance with any law, regulation, or contractual obligation. The Service does not monitor, audit, or verify the actual working conditions in your household.
Intellectual Property
8.1 Our Intellectual Property. The Service, including its design, code, features, branding, logos, and documentation, is owned by Opairly and is protected by applicable intellectual property laws, including copyright law under the Dutch Copyright Act (Auteurswet). You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.
8.2 Your Content. You retain ownership of all Content you enter into the Service. By using the Service, you grant us a limited, non-exclusive license to store, process, and display your Content solely for the purpose of providing the Service to you. We will not use your Content for any other purpose without your consent.
8.3 Publication of Feedback and References. If you submit feedback, ratings, or reference letters and explicitly consent to publication (via the "show on website" option), you grant us a non-exclusive, revocable license to display this content on our website and in marketing materials. You can withdraw this consent at any time via the Service settings.
8.4 Feedback. If you provide us with suggestions, ideas, or feedback regarding the Service (other than through the in-app feedback form), you grant us an unrestricted, perpetual, irrevocable license to use and incorporate such feedback without any obligation to you.
Payment Terms
9.1 Trial Period. New households receive a free 30-day trial period with full access to all features. No credit card is required for the trial period. After the trial period ends, you need to subscribe to a paid plan to continue using the Service. Your data will be retained for a reasonable period after the trial ends so you can export it.
9.2 Subscriptions. The Service offers paid subscription plans on a monthly or annual basis. The features available and current pricing are described on our pricing page. Payments are processed via Stripe and you can pay by credit/debit card or iDEAL.
9.3 Billing. If you subscribe to a paid plan, you agree to pay the applicable fees as described at the time of purchase. Subscriptions automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date.
9.4 Subscription Cancellation. You may cancel your subscription at any time via the customer portal in the Service (Settings > Subscription). After cancellation, you retain access until the end of your current billing period. After any initial term, you may cancel monthly with a notice period of no more than one month, in accordance with the Wet Van Dam.
9.5 Right of Withdrawal. As a consumer, you have the right to withdraw from the subscription agreement within 14 days of concluding it, without giving any reason, in accordance with Book 6, Articles 230o–230z of the Dutch Civil Code and the European Consumer Rights Directive (2011/83/EU). To exercise your right of withdrawal, send an unambiguous statement (for example by email to hello@opairly.nl) that you wish to withdraw from the agreement. We will refund the amount paid within 14 days of receiving your withdrawal. If you used the Service during the withdrawal period, you may be asked to pay a proportional amount for the services already received.
9.6 Changes to Pricing. We reserve the right to change our pricing. Any price changes for existing paid subscribers will be communicated at least 30 days in advance via the email address associated with your account. Continued use of a paid plan after a price change takes effect constitutes acceptance of the new pricing. If you do not agree with the new pricing, you may cancel your subscription before the change takes effect.
9.7 Refunds. Outside the right of withdrawal (Section 9.5), fees paid are non-refundable except as required by applicable Dutch and EU consumer protection law. Upon cancellation, you retain access until the end of your current billing period.
Limitation of Liability
10.1 To the Maximum Extent Permitted by Law. To the maximum extent permitted by applicable Dutch and EU law, Opairly, its founders, employees, and affiliates shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages, to the extent exclusion is permitted under applicable consumer law;
- Any loss of data, profits, revenue, or business opportunities;
- Any damages arising from your reliance on the Service for legal compliance purposes;
- Any penalties, fines, or legal consequences you incur due to non-compliance with Dutch au pair regulations, IND requirements, or any other legal obligations;
- Any damages resulting from unauthorized access to your account;
- Any interruption or unavailability of the Service.
10.2 Maximum Liability. To the extent permitted by applicable law, our total aggregate liability to you for any claims arising out of or relating to these Terms or the Service shall not exceed the total amount you have paid to us for the Service in the twelve (12) months preceding the claim, or one hundred euros (EUR 100), whichever is greater.
10.3 Exceptions. Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, (c) willful misconduct or gross negligence, or (d) any other liability that cannot be excluded or limited under applicable Dutch or EU law, including mandatory consumer protection law.
Indemnification
You agree to indemnify and hold harmless Opairly, its founders, employees, and affiliates from claims, damages, losses, and costs (including reasonable legal fees) arising out of:
- Your intentional or culpable violation of these Terms;
- Your intentional violation of any applicable law or regulation;
- Content you enter into the Service that infringes the rights of third parties;
- Any dispute between you and an au pair, host family, placement agency, or third party.
This indemnification does not apply to damages resulting from normal use of the Service in accordance with these Terms.
Termination
12.1 By You. You may stop using the Service at any time. You can permanently delete your account and all associated data via Settings > Members > Delete account in the Service. This is an irreversible hard deletion. Upon account deletion, your personal data will be erased in accordance with our privacy policy and the General Data Protection Regulation (GDPR).
12.2 By Us. We may suspend or terminate your access to the Service if we reasonably believe that you have violated these Terms, or if we are required to do so by law. We will inform you in advance unless this is not possible due to legal requirements or the nature of the violation. We may also terminate the Service entirely, in which case we will provide at least 30 days' notice and an opportunity to export your data.
12.3 Effect of Termination. Upon termination, your right to use the Service ceases immediately. The sections on Disclaimer, Intellectual Property, Limitation of Liability, Indemnification, and Governing Law shall survive termination.
12.4 Data Export. Before terminating your account, we recommend exporting any data you wish to retain using the Service's export features (PDF, Excel, and JSON). After account deletion, we are unable to recover your data.
Changes to These Terms
13.1 Modifications. We reserve the right to modify these Terms. When we make material changes, we will notify you at least 30 days in advance via the email address associated with your account.
13.2 Right Upon Material Changes. If you do not agree with material changes to these Terms, you may cancel your subscription and terminate your account before the changes take effect. If you have a paid subscription, you will receive a pro-rata refund for the remaining unused period. Your continued use of the Service after the effective date constitutes your acceptance of the changes.
13.3 Review. We encourage you to review these Terms periodically for any changes.
Governing Law & Dispute Resolution
14.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.
14.2 Jurisdiction. Any disputes arising out of or in connection with these Terms shall be submitted to the competent court in the Netherlands (Rechtbank). If you are a consumer residing in the European Union, you may also bring proceedings before the competent court in your country of residence, in accordance with EU Regulation 1215/2012 (Brussels Ia).
14.3 EU Consumer Rights. If you are a consumer residing in the European Union, you retain any mandatory consumer protection rights afforded to you under the laws of your country of residence. Nothing in these Terms affects your rights under EU consumer protection regulations.
Complaint Procedure
If you have a complaint about the Service, you can contact us at hello@opairly.nl. We aim to acknowledge complaints within 14 days and provide a substantive response within 30 days.
Contact Us
If you have any questions about these Terms, please contact us at:
Opairly Email: hello@opairly.nl Website: www.opairly.nl