KinFlowApp — Terms & Conditions
1. INTRODUCTION
Welcome to KinFlowApp, a nursery management and parent engagement platform designed to support communication between nurseries, parents, guardians, and childcare providers. These Terms & Conditions ("Terms") govern your access to and use of our website, mobile applications, and related services (collectively, the "Platform"). By using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
2. ELIGIBILITY
You may use the Platform only if:
• You are at least 18 years old;
• You have authority to act on behalf of a nursery or childcare setting, or are a parent/legal guardian of a child enrolled at a participating nursery;
• Your use complies with applicable laws and regulations.
3. SERVICES PROVIDED
KinFlowApp provides digital tools that may include:
• Nursery discovery and exploration;
• Parent and nursery communication;
• Child development tracking and progress updates;
• Attendance and activity reporting;
• Real-time notifications and updates;
• Messaging and media sharing;
• Administrative and operational nursery management tools.
We may modify, improve, suspend, or discontinue features at any time.
4. ACCOUNTS AND REGISTRATION
To access certain features, users must create an account. Each login to the Platform requires a one-time passcode sent to your registered email address. By registering, you confirm that the email address provided is one you control and can access. Users agree to:
• Provide accurate and complete information;
• Keep login credentials and access to your registered email account secure;
• Notify us immediately of unauthorised access or any unexpected security notification email;
• Accept responsibility for account activity.
We reserve the right to suspend or terminate accounts where information is inaccurate, misleading, unlawful, or harmful.
5. PARENT AND NURSERY RESPONSIBILITIES
Parents and Guardians agree:
• Information submitted about children is accurate;
• Communication with nursery staff remains respectful;
• They will not misuse messaging or reporting features.
Nurseries agree:
• They are responsible for processing child data in accordance with the applicable lawful basis, including necessity for care provision under Article 9(2)(h) UK GDPR where applicable, and for obtaining explicit consent where required;
• Staff access is appropriately managed;
• Information shared with parents is accurate to the best of their knowledge;
• They maintain safeguarding compliance.
6. CHILD DATA, MEDIA & SAFEGUARDING
Because the Platform processes information relating to children, safeguarding and privacy are critically important. Users must not:
• Upload inappropriate, abusive, or unlawful content;
• Share images or data without authority or consent;
• Use the Platform in a manner that may endanger children.
Nurseries are responsible for obtaining any required parental consent for photos, videos, and child-related media uploaded to the Platform. Parents may request withdrawal of media consent directly through their nursery, subject to safeguarding and legal retention obligations. We reserve the right to remove content or suspend accounts where safeguarding concerns arise.
7. EMERGENCY DISCLAIMER
KinFlowApp is not an emergency communication service. The Platform must not be relied upon for:
• Medical emergencies;
• Safeguarding emergencies;
• Urgent child collection or welfare matters.
Parents and guardians should contact the nursery directly or emergency services where immediate action is required.
8. PRIVACY & DATA PROTECTION
We process personal data in accordance with:
• UK GDPR;
• Data Protection Act 2018; and
• Applicable safeguarding obligations.
KinFlowApp acts as a Data Controller in respect of the personal data it collects and processes to operate the Platform, including account registration, authentication, communications infrastructure, and GDPR rights fulfilment.
Our handling of personal data is described in our Privacy Policy. Where both KinFlowApp and a nursery jointly determine the purposes and means of processing personal data (for example, enrolled child data visible to both parties), both parties act as Joint Controllers under Article 26 UK GDPR. The respective responsibilities of each party are set out in Section 8A below.
Where you or a nursery provide information relating to a child's health, medical conditions, allergies, medications, or care needs, this data is processed on the basis of explicit consent obtained at account creation and application submission under Article 9(2)(a) UK GDPR.
Where users voluntarily provide information relating to a child's ethnicity, religion, or cultural background, such data is processed only on the basis of your explicit consent and is entirely optional. You may update or remove this information at any time without affecting your access to the Platform.
Communication records may be retained for safeguarding, operational, legal, or audit purposes.
8A. JOINT CONTROLLER ARRANGEMENT (ARTICLE 26 UK GDPR)
Where KinFlowApp and a nursery act as Joint Controllers in respect of enrolled child data, the following division of responsibilities applies:
KinFlowApp is responsible for:
• Platform security and infrastructure;
• Data storage, encryption at rest, and access controls;
• Fulfilment of data subject rights requests (right to access, erasure, rectification, and portability) submitted through the Platform;
• Audit logging and breach detection at the platform level;
• Maintaining this joint controller arrangement and making its essence available to data subjects.
Each nursery is responsible for:
• Establishing and maintaining its own lawful basis for processing child data under its EYFS, Ofsted, and Children Act 1989 obligations;
• Training staff on data handling and confidentiality;
• Managing staff access to the Platform appropriately;
• Its own record-keeping obligations independent of the Platform;
• Ensuring its use of the Platform complies with this acceptable use policy.
Data subjects may exercise their rights (access, erasure, rectification, restriction, portability) against either KinFlowApp or the relevant nursery. KinFlowApp is the primary point of contact for all data subject rights requests submitted through the Platform, and will coordinate with the relevant nursery where required.
To submit a data subject rights request, contact:
[email protected]
Nurseries agree to indemnify and hold harmless KinFlowApp against any claims, penalties, or regulatory action arising from the nursery's own misuse of the Platform or breach of its own data protection obligations.
9. DATA RETENTION
We retain personal data only as long as necessary to:
• Provide Platform services;
• Meet safeguarding obligations;
• Comply with legal and regulatory requirements;
• Resolve disputes and enforce agreements.
Certain safeguarding or incident-related records may be retained beyond account closure where legally required.
10. USER CONTENT
Users may upload content including messages, photos, reports, observations, and updates ("User Content"). Users retain ownership of their User Content but grant KinFlowApp a non-exclusive, worldwide, royalty-free licence to host, process, store, and display such content solely for operating the Platform. Users confirm:
• They own or have permission to use uploaded content;
• Content does not infringe third-party rights;
• Content is lawful and appropriate.
11. ACCEPTABLE USE
Users must not:
• Attempt unauthorised system access;
• Upload malicious software;
• Use the Platform unlawfully or fraudulently;
• Reverse engineer or scrape the Platform;
• Harass or abuse other users.
12. AVAILABILITY OF SERVICE
We aim to maintain reliable service availability but do not guarantee uninterrupted or error-free access. We are not liable for:
• Downtime;
• Delays;
• Third-party outages;
• Maintenance interruptions;
• Connectivity failures outside our control.
13. FEES & PAYMENTS
Certain services may require paid subscriptions. Where applicable:
• Fees will be clearly stated;
• Payments are due under agreed billing terms;
• Failure to pay may result in suspension or termination.
Unless otherwise stated, fees are non-refundable.
14. CANCELLATIONS & RENEWALS
Subscription services may renew automatically unless cancelled before the renewal date. Where applicable:
• Cancellation terms will be provided during subscription;
• Nurseries remain responsible for outstanding fees accrued before termination.
Parents purchasing consumer subscriptions may have statutory cancellation rights under UK consumer protection laws.
15. INTELLECTUAL PROPERTY
All intellectual property rights in the Platform belong to KinFlowApp or its licensors. Users may not reproduce, distribute, modify, or commercially exploit any part of the Platform without written consent.
16. THIRD-PARTY SERVICES
The Platform may integrate with third-party providers or services. We are not responsible for:
• Third-party content;
• External websites;
• Third-party availability or security.
17. AI FEATURES DISCLAIMER
Where AI-assisted features are provided:
• Outputs are generated automatically;
• AI-generated content is for assistance only;
• Nurseries and users must review outputs before relying upon them.
18. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
• KinFlowApp is not liable for indirect or consequential damages;
• We do not guarantee uninterrupted or error-free services;
• Total liability shall not exceed fees paid in the preceding 12 months.
Nothing excludes liability for fraud, death, personal injury caused by negligence, or liability that cannot legally be excluded.
19. INDEMNITY
Users agree to indemnify and hold harmless KinFlowApp and its affiliates against claims arising from:
• Misuse of the Platform;
• Breach of these Terms;
• Violation of applicable laws or third-party rights.
20. SUSPENSION & TERMINATION
We may suspend or terminate accounts where:
• These Terms are breached;
• Safeguarding concerns arise;
• Illegal activity is suspected;
• Fees remain unpaid.
Users may stop using the Platform at any time.
21. CONFIDENTIALITY
Users agree not to disclose confidential or sensitive information accessed through the Platform except where authorised or legally required. This includes:
• Child records;
• Internal nursery communications;
• Operational information.
22. CHANGES TO THESE TERMS
We may update these Terms from time to time. Where changes are material, reasonable notice will be provided via the Platform or email. Continued use after changes take effect constitutes acceptance of the updated Terms.
23. GOVERNING LAW
These Terms are governed by the laws of England and Wales. Disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
24. CONTACT INFORMATION
KinFlowApp Ltd
Website: https://kinflowapp.com
Email:
[email protected]