Terms & Conditions

Our websites, the schools management application, the parent-facing application, and all associated data processing and communication facilities are collectively referred to as the "Services".

These terms and conditions, referred to as the "Terms", apply to all Tot Tracker Services provided to you by us.

"We", "us" or "Tot Tracker" refers to Tot Tracker Ltd, a company registered in England and Wales with company number 17086445, whose registered office is at 71–75 Shelton Street, London, WC2H 9JQ, and whose principal trading address is 52 Pembroke Road, Dublin, D04 H7Y5.

"You" or "the User" are any person accessing our website or using any of our Services, including childcare providers, their staff, parents, and guardians.

"Client" means a childcare provider — such as a nursery, Montessori school, crèche or after-school service — that has entered into a separate subscription agreement with us to use the Tot Tracker platform.

"End User" means a parent, guardian, or other individual who accesses the Services at the invitation of, or in connection with, a Client.

Your continued use of our Services indicates your acceptance of these Terms. If you do not accept these Terms, you should cease using the Services immediately.

Clients who subscribe to the Tot Tracker platform also enter into a separate Order Form and Data Processing Agreement, the terms of which govern their subscription and our data processing obligations. In the event of any conflict between those documents and these Terms, the Order Form and Data Processing Agreement shall take precedence for matters specific to the subscription relationship.

If we change the nature of these Terms for any reason, we will post a notice on this website and notify Clients by email at least 14 days before the changes take effect. Changes affecting only minor formatting, legal references, or company details may be made without notice.

If you do not accept any change to the Terms, you should cease using the Services. Your continued use after the effective date of any change constitutes acceptance of the updated Terms.

Any error, correction or omission from information we publish about the Services may be corrected by us, provided the correction does not materially affect the nature of the Service or your rights under these Terms.

Tot Tracker provides an online platform for childcare management, including but not limited to: attendance tracking, invoicing, payment collection, parent communication, compliance reporting for Irish government schemes (NCS and ECCE), and family record management.

The Services are provided through several distinct interfaces: the marketing website at www.tottracker.ie, the schools management application at app.tottracker.ie, the parent-facing application at parents.tottracker.ie, and the recruitment portal at recruitment.tottracker.ie.

We will use reasonable endeavours to maintain the availability and performance of the Services. However, we cannot guarantee that the Services will be delivered uninterrupted, timely, secure or error-free at all times.

Access to the Services may be temporarily restricted to allow for maintenance, updates, the introduction of new features, or due to events beyond our reasonable control. We will endeavour to perform maintenance outside of normal business hours and to restore the Services as promptly as reasonably possible.

You are responsible for providing all hardware, software, and Internet connectivity required to access and use the Services. We accept no responsibility for the availability or performance of third-party systems, networks or devices you use to access the Services.

The Internet is not a fully secure environment and we cannot guarantee that our websites and servers are entirely free of computer viruses or other harmful components. We recommend that you keep your browser software up to date and use appropriate security tools.

Our websites may contain links to third-party websites. We have no control over those websites and make no representations about their content, accuracy or availability. The inclusion of a link does not constitute our endorsement of the linked site.

All intellectual property in the Services - including but not limited to software, source code, design, graphics, trade marks, logos, and documentation — is owned by or licensed to Tot Tracker Ltd. Nothing in these Terms grants you any rights in or to that intellectual property except as expressly set out.

You are granted a limited, non-exclusive, non-transferable licence to access and use the Services for their intended purposes during the period your account is active, subject to compliance with these Terms.

You shall not copy, modify, adapt, reverse engineer, decompile, disassemble or create derivative works based on any part of the Services, nor attempt to extract the underlying source code.

You retain ownership of all data you or your Client submits to the Services. By submitting data, you grant us a limited licence to store, process and use that data solely for the purpose of providing the Services to you and your Client.

We may use aggregated, anonymised data derived from use of the Services for product improvement, statistical analysis and research, provided that such data cannot be used to identify you, your Client or any individual.

We may use and disclose personal information in accordance with our Privacy Policy, which forms part of these Terms. Please read the Privacy Policy carefully.

When Tot Tracker processes personal data on behalf of a Client (for example, the personal data of a Client's staff, enrolled children, or their families), we act as a data processor and the Client acts as the data controller. Our data processing obligations in this capacity are governed by a separate Data Processing Agreement.

When Tot Tracker processes personal data for its own purposes — such as managing its relationship with Clients, operating the marketing website, or complying with legal obligations — we act as a data controller. This processing is described in our Privacy Policy.

All personal data is stored within the European Union and the United Kingdom in accordance with our Privacy Policy. We do not transfer personal data to countries outside the EU/EEA or UK without appropriate safeguards in place.

End Users who wish to access, correct or delete their personal data stored within the Services should contact the relevant Client directly, as the Client is the data controller for that information. End Users may also contact us at privacy@tottracker.ie and we will direct their request appropriately.

You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Services.

You must not use the Services to:

• transmit any content that is unlawful, harmful, defamatory, obscene or otherwise objectionable;
• upload or distribute viruses, malware or any other software intended to damage or interfere with the Services;
• attempt to gain unauthorised access to any part of the Services, our systems, or data belonging to other users;
• scrape, crawl or systematically extract data from the Services by automated means without our prior written consent;
• use the Services in a way that could damage, disable, overburden or impair them.

You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately at hello@tottracker.ie if you become aware of any unauthorised use of your account.

We reserve the right to suspend or terminate access to the Services, without notice, in the event of a suspected breach of these acceptable use obligations.

Access to the Tot Tracker platform for Clients is subject to a subscription fee as agreed in the Client's Order Form. Subscription fees are payable in advance on a monthly or annual basis as selected at the time of order.

Payment processing fees applicable to card payments and any optional add-on services are as described on our pricing page or in the Client's Order Form. Direct Debit and Account-to-Account payment collection are included in the standard subscription at no additional charge.

All fees are stated exclusive of VAT or other applicable taxes. Where applicable, VAT will be charged at the prevailing rate and set out separately on invoices.

If any payment is not received by the due date, we reserve the right to suspend the Client's access to the Services until the outstanding amount is paid. We will provide reasonable notice before any suspension.

We may adjust subscription fees at any time, provided we give Clients at least 30 days' written notice. If a Client does not wish to continue at the revised pricing, they may terminate their subscription in accordance with clause 9.

Subscription fees paid in advance are non-refundable except where we terminate the Client's subscription without cause, in which case a pro-rata refund for the unused portion of any prepaid term will be provided.

To the maximum extent permitted by applicable law, you assume full responsibility for any loss that results from your use of the Services, including any downloads. We and our team will not be liable for any indirect, punitive, special or consequential damages under any circumstances, even if based on negligence or if we have been advised of the possibility of such damages.

Our total aggregate liability to you for all claims arising in connection with the Services in any given month will not exceed the total fees paid by you to us in the month immediately preceding the event giving rise to the claim. For End Users who do not pay fees directly to us, our liability is limited to €100.

To the maximum extent permitted by law, we provide the Services on an "as is" basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We are not responsible for the accuracy, completeness or legality of data submitted to the Services by Clients or End Users. Clients are responsible for ensuring that the data they upload and manage through the platform is accurate, lawfully obtained and used in compliance with applicable law.

You agree to indemnify and hold us and our team harmless from any losses, claims, damages or expenses (including reasonable legal fees) that result from: (a) your breach of these Terms; (b) your misuse of the Services; or (c) any third-party claim arising from content you submit or actions you take using the Services.

We and our team are not responsible for the conduct of other users, linked websites, or third-party service providers integrated with the platform. Each such party is independently responsible for their own conduct and content.

If we bring a claim against you for breach of these Terms and we prevail, we are entitled to recover reasonable legal fees and any other damages or relief awarded to us.

Either party may terminate a Client subscription by giving at least 30 days' written notice prior to the end of the current billing period, unless otherwise agreed in the Client's Order Form.

We may suspend or terminate a Client's access to the Services with immediate effect if: (a) the Client is in material breach of these Terms or the Order Form and has failed to remedy the breach within 14 days of written notice; (b) the Client becomes insolvent or enters into administration; or (c) we are required to do so by law or a regulatory authority.

We may also terminate a Client's access where we cease to offer the Services generally, provided we give Clients at least 90 days' prior written notice and provide a pro-rata refund for any prepaid but unused subscription period.

On termination of a Client's subscription, we will make Client data available for export for a period of 30 days. After that period, Client data will be securely deleted from our systems, subject to any retention obligations imposed by law.

Termination of a subscription does not affect any rights, obligations or liabilities of either party that have accrued prior to the date of termination.

Governing law. These Terms are governed by and construed in accordance with the laws of Ireland. Both parties submit to the non-exclusive jurisdiction of the Irish courts, without prejudice to the right of either party to seek injunctive or other equitable relief in any jurisdiction.

Entire agreement. These Terms, together with our Privacy Policy and any applicable Order Form and Data Processing Agreement, constitute the entire agreement between the parties relating to the Services and supersede all prior representations, agreements or understandings.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable. The remaining provisions will continue in full force and effect.

Waiver. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. A waiver of any breach of these Terms will not constitute a waiver of any subsequent breach.

Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in the event of a merger, acquisition or sale of all or substantially all of our assets, provided that we give you reasonable notice.

Force majeure. Neither party will be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, government action, pandemic, telecommunications failure or interruption of Internet services.

Contact. Any questions about these Terms should be addressed to us at hello@tottracker.ie, or in writing to Tot Tracker Ltd, 52 Pembroke Road, Dublin, D04 H7Y5.