Last updated: April 2026 · Version 1.0
1. Definitions and Interpretation
1.1. In these Terms, the following definitions apply:
- "nursery.click" means Koios Innovations Ltd, a company registered in England and Wales under company number 17186461, whose registered office is at 82a James Carter Road, Mildenhall, United Kingdom, IP28 7DE ("we", "us", "our").
- "Customer" means the nursery, early years setting, or childcare provider that subscribes to the Platform.
- "Platform" means the nursery.click nursery management software-as-a-service application, including all updates and modifications.
- "Authorised Users" means the Customer's staff and parents/guardians granted access to the Platform.
- "Customer Data" means all data, content, and information entered into, uploaded to, or generated within the Platform by or on behalf of the Customer.
- "Fees" means the subscription fees payable by the Customer as set out on the Platform's pricing page at the time of subscription.
- "DPA" means the Data Processing Agreement (Schedule 1), as required by UK GDPR Article 28.
- "Business Day" means a day other than a Saturday, Sunday, or public holiday in England and Wales.
1.2. References to clauses and schedules are to clauses of, and schedules to, these Terms. A reference to "writing" or "written" includes email.
2. About These Terms
2.1. These Terms of Service, together with the DPA (Schedule 1), the Acceptable Use Policy (Schedule 2), and any Order Form, govern the Customer's use of the Platform.
2.2. By subscribing to the Platform, the Customer agrees to be bound by these Terms. These Terms are a business-to-business agreement. The Customer warrants that it is entering into these Terms in the course of a business and not as a consumer.
2.3. In the event of any conflict between these Terms and the DPA, the DPA shall prevail in respect of data protection matters.
3. The Platform
3.1. nursery.click is a multi-tenant nursery management platform provided as a hosted software-as-a-service. The Platform enables nurseries to manage children's records, attendance, bookings, invoicing, staff management, parent communications, and related administrative functions.
3.2. The Platform is accessed via web browsers and mobile applications. The Customer does not receive a copy of the software. All processing and hosting is performed on nursery.click's infrastructure.
3.3. The Platform provides two categories of user access:
- Staff access — for the Customer's employees and authorised personnel.
- Parent access — for parents and guardians of children registered with the Customer.
4. Licence
4.1. Subject to compliance with these Terms and payment of the Fees, nursery.click grants the Customer a non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform during the Subscription Term solely for the Customer's internal business purposes.
4.2. The Customer shall not:
- Sublicense, resell, or redistribute access to the Platform.
- Modify, adapt, or create derivative works based on the Platform.
- Reverse engineer, decompile, or disassemble the Platform.
- Access the Platform for the purpose of building a competitive product.
5. Customer Obligations
5.1. The Customer shall:
- Ensure all use of the Platform complies with these Terms and the Acceptable Use Policy.
- Be responsible for the accuracy and legality of Customer Data.
- Maintain the security of all account credentials and notify us of any unauthorised access.
- Obtain all necessary consents from parents, guardians, and staff for the processing of personal data (including children's data and special category data).
- Comply with all applicable data protection legislation as data controller.
5.2. The Customer shall not:
- Use the Platform for any unlawful purpose.
- Attempt to gain unauthorised access to the Platform or its infrastructure.
- Introduce viruses, malware, or other harmful material.
- Interfere with or disrupt the Platform's performance.
6. Service Availability
6.1. nursery.click shall use commercially reasonable efforts to make the Platform available 99.5% of the time during each calendar month, excluding Scheduled Maintenance. This is a target and not a guarantee.
6.2. "Scheduled Maintenance" means planned maintenance of which nursery.click gives at least 48 hours' prior notice.
6.3. The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, nursery.click makes no representations or warranties regarding the Platform.
6.4. The Platform is hosted on Amazon Web Services (AWS). Downtime caused by AWS infrastructure failures shall not constitute a breach of the Availability Target, provided nursery.click uses commercially reasonable efforts to restore service and communicate status to affected Customers.
7. Support
7.1. nursery.click shall make reasonable technical support available via email during Business Days. The level and channel of support may vary depending on the Customer's subscription plan. Where the Customer subscribed through an authorised reseller or agent, first-line support may be provided by that reseller or agent.
7.2. Support covers assistance with Platform features, troubleshooting errors, and configuration guidance. It does not include technical consultancy, troubleshooting of the Customer's own IT systems, or training beyond initial onboarding.
8. Fees and Payment
8.1. Fees are payable monthly or annually in advance by direct debit, credit card, or such other payment method as nursery.click may make available. All Fees are exclusive of VAT.
8.2. nursery.click may increase Fees on renewal by giving not less than 90 days' written notice. The Customer may terminate if it does not agree to the increase.
8.3. If the Customer fails to pay by the due date, nursery.click may:
- Charge interest at 8% per annum above the Bank of England base rate.
- Suspend access after 14 days' written notice of overdue payment.
- Recover reasonable collection costs including legal fees.
8.4. Fees are non-refundable except where the Customer terminates for nursery.click's material breach, in which case a pro-rata refund will be provided.
9. Intellectual Property
9.1. nursery.click retains all intellectual property rights in the Platform. The Customer retains all rights in Customer Data.
9.2. The Customer grants nursery.click a licence to use Customer Data solely to provide the Services.
9.3. Any feedback provided by the Customer is assigned to nursery.click and may be used without restriction or compensation.
10. Confidentiality
10.1. Each party shall keep confidential all confidential information of the other party and shall not disclose it to third parties except as permitted by these Terms.
10.2. Confidentiality obligations survive termination for 3 years.
11. Data Protection
11.1. The Customer is the data controller. nursery.click is the data processor. The parties' obligations are set out in the Data Processing Agreement.
11.2. The Customer is solely responsible for determining lawful bases for processing, obtaining consents, and providing privacy notices to data subjects.
12. Usage Data
nursery.click may collect and use anonymised, aggregated data derived from Platform usage for product improvement and industry benchmarks. Usage Data cannot identify any individual, nursery, child, or family.
13. Indemnification
13.1. The Customer shall indemnify nursery.click against claims arising from: breach of these Terms, Customer Data infringing third-party rights, failure to comply with data protection legislation, or use of the Platform in breach of the Acceptable Use Policy.
13.2. nursery.click shall indemnify the Customer against claims that the Platform infringes UK intellectual property rights of a third party.
14. Limitation of Liability
14.1. Nothing in these Terms excludes liability for:
- Death or personal injury caused by negligence.
- Fraud or fraudulent misrepresentation.
- Any liability that cannot be excluded by law.
14.2. Neither party shall be liable for any indirect or consequential loss, including:
- Loss of profits or revenue.
- Loss of anticipated savings.
- Loss of business or goodwill.
- Loss of data (except as provided in the DPA).
14.3. Each party's total aggregate liability shall not exceed the total Fees paid or payable in the 12-month period immediately preceding the claim.
14.4. For breaches of the DPA, intellectual property rights, confidentiality obligations, or indemnification obligations, each party's total aggregate liability shall not exceed 2 times the total Fees paid or payable in the 12-month period immediately preceding the claim.
14.5. These limitations reflect the allocation of risk between the parties, the Fees payable, and the availability of insurance.
15. Term, Renewal, and Termination
15.1. The Subscription Term automatically renews unless either party gives 30 days' written notice before the end of the current term.
15.2. Either party may terminate for:
- Material breach not remedied within 30 days of written notice.
- Insolvency of the other party.
15.3. On termination:
- Access to the Platform ceases immediately.
- The Customer may export data within 30 days (in JSON or CSV format).
- After the export period, all Customer Data is deleted in accordance with the DPA.
- Outstanding Fees remain payable.
16. Third Party Services
The Platform integrates with third-party services (including AWS and Stripe). nursery.click is not responsible for third-party services and the Customer's use of them is at their own risk.
16A. AI-Assisted Features
16A.1. The Platform includes optional AI-assisted features using Amazon Bedrock. These include observation drafting, curriculum planning suggestions, progress report narratives, and an in-app help assistant.
16A.2. AI Features use global cross-region inference — text content may be processed in any AWS region worldwide. No Customer Data is used to train models. AWS Bedrock does not retain input or output data.
16A.3. AI-generated content is a drafting aid only. All output must be reviewed and approved by qualified staff before use. nursery.click does not warrant the accuracy of AI-generated content.
16A.4. AI Features can be disabled at any time through Platform settings. The Customer is responsible for updating its own privacy notices to reflect AI Feature usage.
17. Errors and Omissions
The Customer acknowledges that the Platform may contain errors. nursery.click shall use commercially reasonable efforts to correct material errors but does not guarantee any particular resolution time. The Customer is responsible for verifying the accuracy of all Platform outputs.
18. Force Majeure
18.1. Neither party shall be liable for failure or delay caused by events beyond reasonable control, including natural disasters, pandemics, government actions, utility failures, cloud infrastructure failures (including AWS), or labour disputes.
18.2. If a Force Majeure Event continues for more than 90 days, either party may terminate by giving 30 days' written notice.
19. Assignment
nursery.click may assign these Terms in connection with a merger, acquisition, or sale of assets. The Customer may not assign without prior written consent.
20. Amendments
20.1. nursery.click may amend these Terms by giving 30 days' written notice. If the amendment is a material adverse change, the Customer may terminate within 30 days of receiving notice.
20.2. Continued use after the amendment takes effect constitutes acceptance.
21. Notices
Notices shall be delivered by email: to nursery.click at support@nursery.click; to the Customer at the email address provided at subscription.
22. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
23. Entire Agreement
These Terms, together with the DPA, Acceptable Use Policy, and any Order Form, constitute the entire agreement between the parties.
Schedules
Schedule 1: Data Processing Agreement — governs the processing of personal data.
Schedule 2: Acceptable Use Policy — sets out rules for acceptable use of the Platform. Available on request at support@nursery.click.
Contact
For questions about these Terms, please contact us at support@nursery.click.