Terms of Service

Effective: 29 August 2026. Version: tos-gb-2026-08-29. DRAFT FOR COUNSEL REVIEW — NOT LEGAL ADVICE. Ticket: GUY-175.

These Terms are a contract between the organization that clickwraps them (the “Setting,” “you”) and Viva Longer LLC, doing business as Ashby Care (“Ashby,” “we”). If you do not agree, do not use the service.

These Terms apply to United Kingdom organizations (England / GB-ENG first). They are not the US Terms. The UK DPA is incorporated.

THE SERVICES DO NOT PROVIDE CHILDCARE, MEDICAL CARE, OR LEGAL ADVICE. You remain the registered person / licensed operator. We do not make you compliant with EYFS or Ofsted by virtue of using the software.

1. The Services

Software for roster, attendance, ratios, parent communication, and related operations. Public Setting websites must not include children’s personal information.

2. Who may use the Services

An adult authorized to bind the Setting. Signup is limited to country GB and jurisdiction GB-ENG. Scotland, Wales, Northern Ireland, and Ireland are not in this pack.

3. Privacy and the DPA

You represent that you have the right to submit the data you submit, including parental consent where UK law or the ICO Children’s Code requires it. The UK DPA and UK Privacy Policy describe processing. You will not use the service to collect government IDs, child biometrics for recognition, or live camera streams of children.

4. Fees

Until GBP tuition billing ships, subscription billing may still be in USD. VAT: Ashby will register when the threshold is crossed. Funded hours / Tax-Free Childcare are not in this pack.

5. Acceptable use

No unlawful use. No publishing children’s personal information on a public Ashby Care site.

6. Liability

To the extent the law allows, neither party is liable for indirect or consequential damages. Ashby’s aggregate liability in a twelve-month period is limited to fees you paid for the service in that period, except where a cap cannot be limited (including death or personal injury caused by negligence, and fraud). Counsel will set final caps.

7. Termination

On termination we return-then-delete Customer Data per the UK DPA.

8. Governing law

These Terms are governed by the laws of England and Wales. Courts of England and Wales have exclusive jurisdiction, except that Ashby may seek injunctive relief where the Setting is located.

9. Changes

Material changes get a new version. The owner re-accepts when the clickwrap version bumps.