cms.kids Terms of Use

1. Who provides the service, and to whom

The address for any matter arising under these terms is info@cms.kids.

Our customer is the kindergarten — the organisation for which we set up a workspace (“the kindergarten”). It is the kindergarten that decides what data to enter into the system, which of its staff to give access to, and which parents to invite.

These terms apply to the kindergarten’s staff, to parents and to visitors to the site. Parents sign no separate contract with us: they use the family area by the kindergarten’s invitation, under the same rules.

Where a separate written agreement exists between us and the kindergarten, that agreement prevails over this document in the event of any conflict.

2. What the service includes

The service is a web application for running a kindergarten: records for children and parents, groups, the timetable, attendance, lesson reports, charges, payments and invoices. Nothing needs to be installed.

In the parents’ app a parent has access to their own children’s data. Lesson reports and the photographs attached to them cover the group as a whole, so a group photograph may show other children as well.

Some parts of the service rely on external providers: sending emails, push notifications, fonts and, depending on the payment method chosen, payment links. Without them certain features of the service are unavailable.

The set of features may change as the service evolves.

3. How a kindergarten is connected

There is no self-service registration for a kindergarten: connection is arranged through an enquiry on the website or an email to info@cms.kids. The kindergarten creates its staff accounts and invites parents itself.

4. Accounts and responsibility for them

A staff account is created by the kindergarten’s manager; a parent account is created either by invitation from the kindergarten or by the parent registering on the kindergarten’s subdomain. An account is intended for one person; passwords must not be shared with colleagues.

A parent may also register on the kindergarten's subdomain on their own; the child's data appears in the account only after the kindergarten links the parent to the child. Sign-in opens after the email address is confirmed via a link.

Users are responsible for keeping their credentials safe and for actions carried out under their name. If you suspect that someone else has used your access, change your password and write to info@cms.kids.

The service is intended for adults. Children do not create accounts and do not use the system themselves.

5. The kindergarten’s obligations

Data about children and parents is entered into the system by the kindergarten, and it is the kindergarten that is responsible for the lawfulness of processing it. In data protection terms the kindergarten acts as the data controller and the platform as the data processor acting on its instructions. Details are in the Privacy Policy.

The kindergarten obtains all the necessary consents from parents itself and provides them with the information they are due. This applies in particular:

• to processing a child’s data in the system, including health and dietary information where the kindergarten enters it;
• to photographing children during lessons and uploading photographs to reports;
• to sending parents emails, invoices and push notifications.

The kindergarten undertakes to enter only the data it needs for its work and to keep that data accurate. Free-text fields — address, notes about a child, tags, a comment on an absence — are not intended for medical records or detailed diagnoses; keep them to the minimum necessary.

Children's and parents' records are visible to all of the kindergarten's staff; group and lesson prices and the money section are available to the manager only. The kindergarten takes this into account when assigning roles and instructs its staff on confidentiality.

The parents’ app also shows the address and the staff notes from the child’s record.

The kindergarten is responsible for the payment details and method it sets in the system and for settlements with parents; a parent's relationship with a payment service is governed by that service's rules. With payment via a Revolut link, the link carries the amount and the child's name — the kindergarten takes this into account when choosing a payment method.

6. Files and photographs

Photographs and attachments are served only to authenticated requests: a live account in that kindergarten is required. The kindergarten’s logo and the application icons are publicly available.

7. What is not allowed

By using the service you undertake not to do any of the following:

• enter data for which the kindergarten has no lawful basis for processing, or data unrelated to the work of the kindergarten;
• pass your access to third parties, use someone else’s account, or attempt to reach another kindergarten’s data;
• circumvent access checks and request rate limits;
• upload malicious files, or material that infringes the rights of third parties or the law;
• generate load that interferes with the service: automated data collection, bulk requests, load testing without our written consent;
• If you find a vulnerability or gain access to data you should not see, report it to info@cms.kids and do not make use of the finding.

If you find a vulnerability or gain access to data you should not see, report it to info@cms.kids and do not make use of the finding.

If these rules are broken, we may restrict or suspend access, notifying the kindergarten. Where there is a clear threat to other users' data, access may be suspended immediately, with notice given afterwards.

8. The kindergarten’s data remains its own

Everything the kindergarten has entered into the system belongs to the kindergarten. We do not use this data for our own purposes, do not sell it and do not pass it to third parties, other than in the cases described in the Privacy Policy and those expressly required by law.

Platform staff have technical access to the server and the database. A service account of ours may be present in the kindergarten’s workspace without appearing in the staff list.

Rights in the software itself, the interface, the website texts and the platform’s design belong to us. The logo and materials uploaded by the kindergarten remain its own; the kindergarten permits us to use them only as far as is needed to display them within its own workspace, emails and invoices.

The kindergarten may request a copy of its data by writing to info@cms.kids.

Deletion in the system is irreversible: related data is removed together with the record, and there is no recycle bin. Recovery of deleted data is not guaranteed.

9. Termination

The kindergarten may stop using the service at any time by writing to info@cms.kids. We may discontinue the service after giving the kindergarten advance notice by email.

Once the workspace is closed, access to the data through the interface ends and the kindergarten's data is deleted. The kindergarten may request a copy of its data in advance — see the previous section.

Uploaded photographs and attachments are deleted on request to info@cms.kids.

10. Paying for the service

The price of the service and the payment arrangements are agreed with the kindergarten at onboarding.

If the service, or particular features of it, are provided to a kindergarten free of charge — for a trial period, as early access or by agreement — that does not mean they are free indefinitely.

We may introduce or change a fee, giving the kindergarten advance notice by email. If the kindergarten does not agree, it may stop using the service before the new price takes effect.

Payments by parents for their child’s place at the kindergarten fall outside this section: those are accounts between the parent and the kindergarten, the platform does not receive them and is not a party to them.

11. Availability of the service

The service is provided “as is” and “as available”. We give no warranty of uninterrupted or fault-free operation and do not enter into a service level agreement.

We do not promise that every email and every push notification will be delivered: delivery depends on a third-party mail service and the recipient’s spam filters, on the push service of their browser and on the settings of their device. Do not rely on notifications as the only way of telling a parent something urgent.

12. Limitation of liability

To the extent permitted by applicable law, we are not liable for lost profits, indirect or incidental loss, or for loss of data resulting from causes attributable to the kindergarten or its users.

We are not liable for the operation of external services that the system or its users connect to — the mail provider, the browsers’ push notification services, the payment service and the payment page chosen by the kindergarten.

In any event, our total liability to the kindergarten is limited to the amount the kindergarten has paid for the service over the preceding twelve months.

Nothing in this section limits liability that cannot be limited under applicable law, including for intent and gross negligence, or consumer rights.

13. Changes to these terms

We may change these terms — for example when the make-up of the service changes or the law requires it. The version in force is always published at cms.kids, with the date it takes effect.

We notify the kindergarten of material changes by email in advance, before the new version takes effect.

Continuing to use the service after changes take effect means accepting the new version. If you do not agree, you are free to stop using the service; how to do so is described above.

14. Dispute resolution

We aim to resolve disputes by negotiation: before going to court, send your claim to info@cms.kids.

A consumer's right to bring proceedings before the courts of their place of residence, where the law grants it, is not restricted.

15. How to contact us

For any question about these terms, about how the service works or about access to data, write to info@cms.kids.

Questions about the processing of children’s and parents’ personal data should be addressed first of all to the kindergarten — it decides what data to enter and keep. We help the kindergarten fulfil such a request from our side.