Terms & Conditions

These Terms & Conditions ("Terms") constitute a legally binding agreement between FlutraBlue ("FlutraBlue", "we", "us", or "our"), a company registered in the Republic of Kosovo, and the Customer — the kindergarten, nursery, childcare centre, or equivalent childcare provider that has registered for an account on the Platform.

By registering for an account, clicking "I agree", or otherwise accessing or using the Platform, the Customer agrees to be bound by these Terms in full. If the individual completing registration does not have authority to bind the Customer, they must not accept these Terms or use the Platform. If you do not agree to these Terms, you must not access or use the Platform.

The following capitalised terms have the meanings set out below wherever they appear in these Terms or in any associated agreements.

Platform

The FlutraBlue software-as-a-service application, including all web interfaces, mobile applications, APIs, and related services made available by FlutraBlue under these Terms.

Customer

The legal entity (kindergarten, nursery, childcare centre, or equivalent) that has registered for a FlutraBlue account and entered into these Terms.

Authorized User

Any individual — including the Customer's administrators, teachers, and other staff — who is granted access to the Platform by the Customer.

Parent

A parent, legal guardian, or other person with parental responsibility for a child enrolled at the Customer's institution, who may access limited parent-facing features of the Platform.

Child Data

Any personal data relating to a child enrolled at the Customer's institution that is entered into or generated through the Platform, including attendance records, meal logs, activity reports, and photographs.

Subscription

The recurring licence to access and use the Platform for the period specified in the Customer's selected plan, in exchange for the applicable fees.

DPA

The Data Processing Agreement available at /dpa, which forms part of these Terms and governs FlutraBlue's processing of personal data on behalf of the Customer.

FlutraBlue provides a cloud-based kindergarten and childcare management platform that enables Customers to manage child attendance and check-in/check-out records, send and receive communications between staff and Parents, generate and manage billing and invoicing for childcare fees, record and share daily activity reports, meal plans, and milestone updates.

Access to the Platform is provided on a Subscription basis. Subscription plans, features, and applicable fees are described in the Customer's account dashboard and associated order documentation. FlutraBlue may offer trial periods at its sole discretion; the terms of any trial will be communicated at sign-up. FlutraBlue will use commercially reasonable efforts to make the Platform available but does not guarantee uninterrupted, error-free, or fully secure access at all times.

The Platform is intended exclusively for use by lawfully operating childcare providers. By accepting these Terms, the Customer represents and warrants that it holds all licences, permits, and authorisations required by applicable law to operate as a childcare or early-years education provider in its jurisdiction.

Authorized Users must be at least 18 years of age. The Customer is responsible for ensuring that access credentials are issued only to individuals who meet this requirement and who are bound by obligations at least as protective as those in these Terms. The Customer must provide accurate, complete, and up-to-date registration information and promptly notify FlutraBlue of any changes.

The Customer is the data controller in respect of all Child Data and Parent personal data processed through the Platform. As data controller, the Customer bears full responsibility for compliance with applicable data protection law, including but not limited to the following obligations.

• Establish and maintain an appropriate lawful basis for processing Child Data and Parent personal data before entering such data into the Platform.
• Provide Parents and other data subjects with all required privacy notices and information about how their personal data is used, including disclosure of FlutraBlue as a data processor.
• Obtain any required parental consents before uploading photographs or other sensitive Child Data.
• Maintain the confidentiality of all account credentials and ensure that each Authorized User has a unique login; credentials must not be shared between individuals.
• Promptly notify FlutraBlue upon becoming aware of any actual or suspected unauthorised access to the Customer's account.
• Ensure that Authorized Users are made aware of and comply with these Terms and any applicable use policies.
• Maintain accurate and current account information, including billing contact and payment details.

Subscription fees are charged in advance for each billing period (monthly or annual, as selected by the Customer) in the currency displayed at the time of purchase. All fees are exclusive of applicable taxes, including value-added tax or equivalent, which will be added where required by law and are the Customer's responsibility.

Payment is due on the first day of each billing period. If a payment is not received by the due date, FlutraBlue may, after providing reasonable notice, suspend the Customer's access to the Platform, placing the account into read-only mode ("Suspended" state) until the outstanding balance is settled in full. Continued non-payment beyond the period stated in the suspension notice may result in account termination.

All fees paid are non-refundable except where explicitly required by mandatory applicable law. FlutraBlue reserves the right to adjust its pricing on not less than 30 days' written notice; the Customer's continued use of the Platform after the effective date of any price change constitutes acceptance of the new pricing.

The Customer and its Authorized Users must use the Platform only for lawful purposes and in accordance with these Terms. The following conduct is expressly prohibited.

• Using the Platform in any manner that violates any applicable local, national, or international law or regulation, including data protection and privacy laws.
• Uploading, transmitting, or storing content to which the Customer does not hold the necessary rights or consents, including photographs of children taken without parental authorisation.
• Attempting to gain unauthorised access to any part of the Platform, its underlying infrastructure, or the accounts or data of other Customers.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Platform.
• Reselling, sublicensing, or otherwise making the Platform available to any third party outside the Customer's own organisation without FlutraBlue's prior written consent.
• Transmitting any malicious code, viruses, worms, or other harmful software through the Platform.
• Using the Platform to send unsolicited communications or to engage in any form of harassment or discriminatory conduct.

FlutraBlue and its licensors retain all right, title, and interest in and to the Platform, including all software, algorithms, designs, trademarks, trade names, and other intellectual property embodied therein. Nothing in these Terms transfers any ownership of FlutraBlue's intellectual property to the Customer.

Subject to the Customer's compliance with these Terms and timely payment of applicable fees, FlutraBlue grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform solely for the Customer's internal childcare management operations during the Subscription period. The Customer retains full ownership of all data it uploads to or generates through the Platform ("Customer Data"). FlutraBlue claims no ownership over Customer Data and will not use it for any purpose other than providing and improving the Platform in accordance with the DPA.

FlutraBlue will use commercially reasonable efforts to maintain the Platform available 24 hours a day, 7 days a week, subject to planned and unplanned maintenance windows. FlutraBlue will endeavour to schedule planned maintenance outside peak hours and will provide advance notice where reasonably practicable.

The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, FlutraBlue expressly excludes all implied warranties, conditions, and representations, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement. Customer support is available through the channel published in the Customer's account dashboard. FlutraBlue does not warrant that the Platform will be error-free or that any defect will be corrected within a specified time.

To the fullest extent permitted by applicable law, FlutraBlue's total aggregate liability to the Customer arising out of or in connection with these Terms or the use of the Platform — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total Subscription fees paid by the Customer in the twelve (12) months immediately preceding the event giving rise to the claim.

FlutraBlue shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, even if FlutraBlue has been advised of the possibility of such damages. Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under the mandatory provisions of the law of the Republic of Kosovo.

Either party may terminate the Subscription by providing written notice to the other party no less than 30 days before the end of the then-current billing period. FlutraBlue may terminate or suspend the Customer's access immediately upon written notice if the Customer materially breaches these Terms and fails to remedy the breach within 14 days of receiving notice, or if the Customer engages in conduct that FlutraBlue reasonably determines poses a risk to the Platform, other customers, or any data subject.

Upon termination, the Customer's right to access the Platform will cease and the account will enter the "Archived" state. The Customer will have a data export window of 30 days following the effective date of termination to retrieve its data, after which FlutraBlue will purge Customer Data in accordance with the retention period set by FlutraBlue's platform settings (the default retention window is 730 days from the date of archiving, after which data is permanently deleted). Fees paid in advance and not yet earned at the date of termination are non-refundable except where required by applicable law.

Because the Customer (as data controller) instructs FlutraBlue (as data processor) to process personal data — including Child Data — on its behalf, the parties are required to enter into a data processing agreement in accordance with applicable data protection law.

By accepting these Terms, the Customer also agrees to the FlutraBlue Data Processing Agreement, available at /dpa, which is incorporated into these Terms by reference. The DPA governs all processing of personal data carried out by FlutraBlue on behalf of the Customer and prevails over these Terms to the extent of any conflict concerning data protection matters. The Customer must not use the Platform to process personal data unless and until it has accepted the DPA.

FlutraBlue reserves the right to modify these Terms at any time. We will provide notice of material changes by email to the Customer's registered address, by prominent notice on the Platform, or by such other means as we deem appropriate, at least 14 days before the changes take effect. Non-material changes (for example, clarifications or corrections) may take effect immediately upon publication.

The Customer's continued use of the Platform after the effective date of any change constitutes acceptance of the revised Terms. If the Customer does not agree to the revised Terms, it must cease using the Platform and may terminate its Subscription in accordance with the Termination section above before the changes take effect.

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Kosovo. The parties irrevocably submit to the exclusive jurisdiction of the competent courts of the Republic of Kosovo to settle any dispute or claim that arises out of or in connection with these Terms.

Where these Terms are made available in more than one language, the Albanian language version shall prevail in the event of any conflict or inconsistency between versions.

If you have any questions about these Terms, wish to exercise any right described herein, or need to send formal legal notices to FlutraBlue, please contact us at:

info@flutra-blue.com

We will endeavour to respond to all enquiries within a reasonable time. For data protection queries specifically (including requests to exercise data subject rights), please refer to the contact details set out in the DPA at /dpa.