Terms of use
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1. Purpose and acceptance
These terms of use (the "Terms") govern access to the clevernursery.com website and use of the Clever Nursery application (app.clevernursery.com, the "Service"), published and operated by CIRTA AGENCY LTD, a company registered in the United Kingdom under number 15480678, registered office 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ ("we"). See the legal notice.
By creating an account, you accept these Terms for yourself and, where applicable, for the nursery you represent (the "Customer"). You confirm that you have authority to bind that nursery. Paid plans are also governed by the commercial terms, and the processing of the Customer's data by the data processing agreement.
2. The Service
Clever Nursery is a web application for running nurseries, crèches, daycares, kindergartens and similar settings: children and families, pre-registrations, classrooms, staff, attendance, daily care, activities, health, incidents, calendar, family billing, expenses, communication, reports and a parent space. Each plan's features and limits are described on the features and pricing pages.
Clever Nursery is a technical tool. It does not replace the nursery's legal, regulatory or health obligations, nor its staff's judgement.
3. Sign-up and accounts
- Opening an account for a new nursery may be subject to prior review by our team; we may refuse a request, in particular if the information is incomplete or inaccurate.
- The information you give must be accurate and kept up to date.
- Each account is personal. Keep your credentials confidential; we recommend turning on two-factor authentication or a passkey.
- Tell us immediately about any unauthorised access at support@clevernursery.com.
4. Users and roles
- The person who creates a nursery is its director: they invite the team, assign roles (director, office, educator, accountant, parent), set the settings and manage backups.
- The Customer is responsible for the people it invites, the roles it gives them and their actions in the Service.
- Parents only see information about the children in their custody, within the limits set by the nursery.
5. The Customer's responsibilities for data
For the data it records in the Service about children, families, authorised persons and its staff, the Customer is the controller; we act as a processor (see the privacy policy and the DPA). The Customer is responsible in particular for:
- the data it enters and its accuracy;
- having a legal basis for each processing operation, especially for health data and photos (required consents, legal obligations);
- informing parents, authorised persons and staff;
- handling their requests to exercise their rights;
- deciding who in its team is authorised and with which rights;
- the lawfulness of its processing under the law that applies to it, and the proper use of the Service.
6. Acceptable use
In particular, you must not:
- share an account or credentials with unauthorised people;
- try to access another nursery's data or bypass access controls;
- record false or unlawful information, or information unrelated to caring for children and running the nursery;
- upload unlawful content, malware, or content that infringes third-party rights;
- disrupt or overload the Service, penetration-test it without written permission, or reverse-engineer it beyond what the law allows;
- extract data from the Service in bulk by automated means other than the exports provided;
- resell or make the Service available to third parties without our written consent.
7. Availability, maintenance and changes
We use reasonable efforts to keep the Service available and secure, without guaranteeing uninterrupted availability. The Service may be interrupted for maintenance, updates, incidents or external causes; we try to announce planned maintenance in advance. No service level agreement (SLA) is offered unless agreed specifically in writing (for example in an Enterprise deal).
We may change features. We will warn affected customers in advance of a change that would significantly reduce the Service. Features announced as "coming soon" or "in development" are only part of the Service once released.
8. Support
Support is available at support@clevernursery.com and through the contact page, in French, Arabic and English. Response times: TODO — INFORMATION TO BE CONFIRMED. To handle a request, our team may need to access the nursery's data, only as far as necessary and with its agreement.
9. Intellectual property
The Service, its software, interface, trademarks and content belong to CIRTA AGENCY LTD or its licensors. We grant the Customer a personal, non-exclusive, non-transferable right to use it for the life of its account and for its internal needs. No other right is granted.
10. Customer content and data
The data and files the Customer records in the Service belong to it. It grants us only the right to host, process and display them as far as necessary to provide, secure and support the Service. We do not sell this data or use it for advertising.
11. Export
The nursery's director can export lists and download a full backup of the nursery (with optional encryption) at any time, including before termination.
12. Suspension
We may suspend access to all or part of the Service, with prior warning where possible, in the event of a serious breach of these Terms, a risk to the security of the Service or the data, unlawful use, or at the request of a competent authority. Late payment of a paid plan leads, after the grace period set out in the commercial terms, to a return to the free plan, with no data deleted.
13. Termination and deletion
- The Customer may stop using the Service at any time; ending a paid plan follows the commercial terms.
- The director can archive a nursery from its settings. Permanent deletion of an account and its data is requested at legal@clevernursery.com.
- We may terminate an account for a serious breach not remedied after formal notice, or after prolonged inactivity following prior notice (period: TODO — INFORMATION TO BE CONFIRMED).
- After the account ends, data is deleted in line with the privacy policy and the DPA, after a reasonable period has been left for export.
14. Liability
We are liable for direct damage caused by a proven failure to meet our obligations. To the extent permitted by applicable law:
- we are not liable for indirect damage (loss of revenue, customers or reputation), for the consequences of inaccurate data entered by the Customer or its users, or for use of the Service contrary to these Terms;
- our total liability for any twelve-month period is limited to the amounts paid by the Customer for the Service during that period; for the free plan, it is limited to TODO — INFORMATION TO BE CONFIRMED.
Nothing in these Terms excludes liability that cannot lawfully be excluded (in particular for gross negligence or wilful misconduct, death or personal injury caused by negligence, or mandatory consumer rights).
15. Force majeure
Neither party is liable for a failure caused by an event reasonably beyond its control (natural disaster, widespread failure of networks or of an infrastructure provider, decision of an authority, conflict, epidemic…). Performance resumes as soon as the event ends.
16. Governing law and jurisdiction
TODO — INFORMATION TO BE CONFIRMED: governing law and competent courts (for example English law and the courts of England and Wales, given CIRTA AGENCY LTD's registered office). In any event, the mandatory rules of the Customer's country, in particular on data protection and consumer protection, continue to apply where the law so provides. Before any action, the parties will seek an amicable solution by writing to legal@clevernursery.com.
17. Changes
We may change these Terms. Significant changes are notified to customers by email or in the application at least 30 days before they take effect; continuing to use the Service after that date means acceptance. A Customer who disagrees may terminate before the changes take effect.
18. Languages
These Terms exist in French, English and Arabic. Reference version in case of discrepancy: TODO — INFORMATION TO BE CONFIRMED.
19. Contact
Questions about these Terms: legal@clevernursery.com. Support: support@clevernursery.com. General: hello@clevernursery.com.