Terms of service

1. This agreement

These terms are an agreement between Databit Limited, a technology company registered in Kenya ("we", "us") and the nursery that signs up for Nuru ("you", "the nursery"). The person who signs up confirms they are allowed to agree to them for the nursery.

The data processing agreement is part of these terms. Our privacy policy explains how we handle personal data.

2. Accounts and who can use Nuru

The nursery's owner account manages the nursery. The owner can invite educators and parents, and remove their access at any time.

• Keep sign-in details private, and tell us straight away if you think an account has been misused.
• Only invite people who should see the records you give them access to.
• Remove access when an educator leaves or a family moves on.

Educators and parents use Nuru through the nursery that invites them. If you are one of them, the parts of these terms about using Nuru properly apply to you too, and your questions about records go to the nursery first.

3. Free trial, plans and payment

Every nursery starts with a free 30-day trial. We don't ask for card details to start. Before the trial ends, we'll tell you how to choose a plan and pay. If you don't choose one, the account is paused and your records are kept as described in section 8.

Plans and prices are on the pricing page. Prices are shown in Kenyan shillings, with US dollars as a guide. You pay in advance, monthly or yearly.

If we change a price, we'll email you at least 30 days before it applies to you. The new price starts at your next payment after that.

If a payment fails, we'll tell you and give you 14 days to fix it before we pause the account.

4. Cancelling

You can cancel at any time. Nuru keeps working until the end of the period you have paid for, and you won't be charged again. We don't refund part-used periods, unless the law requires it or we have ended the agreement without a good reason.

5. The nursery's responsibilities

The nursery decides what goes into Nuru, so the nursery agrees to:

• Have each parent's consent before adding their child, including separate consent for photos. Our parent consent form can help.
• Keep records accurate, and correct or delete them when a parent asks and the law requires it.
• Follow Kenya's Data Protection Act and the rules that apply to early years settings.
• Make sure educators use Nuru for nursery work only.

6. Using Nuru properly

Nobody using Nuru may:

• Upload anything unlawful, harmful or that they have no right to share.
• Share a child's records or photos outside the people the nursery allows.
• Try to get into another nursery's records, or test, break or overload Nuru's security.
• Copy, resell or build a competing product from Nuru.

If someone does, we may suspend their access. Where we can, we'll talk to the nursery first.

7. What we promise

• To look after the nursery's records as set out in the data processing agreement and the data security page.
• To keep Nuru running and to fix problems as quickly as we reasonably can. Like any online service, it may sometimes be unavailable, for example during maintenance.
• To tell you in advance about changes that take something away from you.
• To reply to questions sent to hello@nurucare.app.

8. Your records

The nursery owns the records it puts into Nuru. We use them only to provide Nuru to the nursery.

If the nursery closes its account, it has 30 days to ask for a copy of its records. We then delete them within 90 days, except where the law requires us to keep something.

Nuru itself, including its software, design and name, belongs to Databit Limited. The nursery gets the right to use it while the agreement lasts.

9. When we can end the agreement

We can end the agreement with 30 days' notice, or straight away if the nursery seriously breaks these terms and doesn't put it right within 14 days of us asking. If we end it without such a reason, we'll refund any time paid for and not used.

10. Liability

Nuru helps nurseries keep records and talk to parents. It does not replace the nursery's own judgement, care or safeguarding duties.

Neither side is responsible for losses that could not reasonably have been foreseen, or for lost profits. Our total liability under this agreement in any 12 months is limited to what the nursery paid us in those 12 months.

Nothing in these terms limits liability that the law does not allow to be limited, such as for fraud.

11. Changes, law and disputes

If we change these terms in a way that matters, we'll email the nursery at least 30 days before the change. If you don't agree, you can cancel before it applies.

These terms are governed by the laws of Kenya. If we disagree, we'll first try to settle it by talking. If that doesn't work, the courts of Kenya will decide.

Questions about these terms: hello@nurucare.app.