Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the SmartNursery software application and related services ("Service") provided by Trolltec Ltd, trading as SmartNursery ("we", "us", "our"), a company registered in England and Wales.

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

2. Definitions

• "Account" means your registered account to access the Service.
• "Customer" means the nursery, childcare provider, or organisation subscribing to the Service.
• "User" means any individual authorised by the Customer to access the Service.
• "Data" means any information, records, or content uploaded, stored, or processed through the Service.
• "Subscription" means your chosen pricing plan and payment arrangement.

3. Account Registration

To use the Service, you must register for an Account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

You must notify us immediately of any unauthorised use of your Account or any other security breach.

4. Subscription and Payment

The Service is provided on a subscription basis. Fees are charged monthly in advance according to your chosen plan. All prices are in British Pounds (GBP) and exclusive of VAT unless otherwise stated.

We reserve the right to change our pricing with 30 days written notice. Price changes will take effect from your next billing cycle following the notice period.

Failure to pay fees when due may result in suspension or termination of your access to the Service.

5. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service in any way that violates any applicable law or regulation
• Attempt to gain unauthorised access to any part of the Service
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service to store or transmit malicious code
• Share your Account credentials with unauthorised third parties
• Use the Service to process data for which you do not have appropriate consent or legal basis

6. Data Ownership and Responsibility

You retain ownership of all Data you upload to the Service. You are solely responsible for the accuracy, quality, and legality of your Data and the means by which you acquired it.

You grant us a limited licence to use, process, and store your Data solely for the purpose of providing the Service to you.

You are responsible for ensuring you have appropriate consent to store and process personal data relating to children, parents, and staff in accordance with applicable data protection laws.

7. Data Protection

We process personal data in accordance with our Privacy Policy and applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

Where we process personal data on your behalf, we act as a Data Processor and you act as the Data Controller. We will process such data only in accordance with your instructions and these Terms.

8. Service Availability

We will use reasonable endeavours to ensure the Service is available 24 hours a day, 7 days a week. However, we do not guarantee uninterrupted access and may suspend access for maintenance, updates, or circumstances beyond our control.

We will endeavour to provide reasonable notice of planned maintenance where possible.

9. Intellectual Property

The Service, including all software, design, text, graphics, and other content (excluding your Data), is owned by us or our licensors and is protected by intellectual property laws.

We grant you a limited, non-exclusive, non-transferable licence to use the Service for your internal business purposes during the term of your Subscription.

10. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" without warranties of any kind, express or implied
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claims arising from or relating to the Service shall not exceed the fees paid by you in the 12 months preceding the claim

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

11. Termination

Either party may terminate the Subscription by providing 30 days written notice to the other party.

We may terminate or suspend your access immediately if you breach these Terms or fail to pay fees when due.

Upon termination, we will provide you with a reasonable opportunity to export your Data. After this period, we may delete your Data in accordance with our data retention policies.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by email or through the Service. Your continued use of the Service after such notification constitutes acceptance of the updated Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Contact

If you have any questions about these Terms, please contact us at:

Trolltec Ltd T/A SmartNursery
Green Acres Aston Lane
Aston Flamville
Hinckley LE10 3AA
Email: info@smartnursery.co.uk