Terms and Conditions - IMPACT Early Years

Impact Early Years – Terms and Conditions

Welcome to Impact Early Years. These Terms and Conditions (“Terms”) govern your use of the Impact Early Years platform (the “Platform”), operated by Impact Early Years Ltd (“we”, “us”, “our”). By creating an account or using the Platform, you agree to these Terms.

1. Eligibility and Access

The Platform is for UK-based registered Early Years Providers only.

Subscriptions are held by organisations. Staff access the Platform under the organisation’s licence.

You are responsible for all activity carried out under your account and for keeping login details secure.

2. Purpose of the Platform

The Platform supports Early Years settings with compliance and operational management, including:

Compliance, Safeguarding and Staffing oversight using progress indicators (including RAG status tools);

Secure storage and management of information relating to staff and children;

Role-based staff access, allowing organisations to control what authorised users can view or manage;

Automated email reminders containing minimal information and no direct access links, to reduce data security risk;

Activity and event logs recording user actions within the Platform for accountability and audit purposes;

Optional security features such as two-factor authentication (2FA).

The Platform does not replace professional judgement or statutory responsibilities.

3. Subscriptions, Payment and Cooling-Off

All subscriptions are billed via Stripe or invoiced via Xero.

Payments are taken at the start of each billing period.

A 14-day cooling-off period applies to all new payments and subscriptions. You may cancel within this period for a full refund.

After the cooling-off period, no refunds are provided.

Non-payment may result in suspension or termination.

4. Licensing

Each subscription grants a set of licenses for use by one Early Years organisation.

If your organisation operates multiple settings, you must purchase additional licenses through your existing subscription.

4A. Lifetime Access Licences

From time to time, Impact Early Years Ltd may offer a Lifetime Access Licence for the Platform.

A Lifetime Access Licence is granted upon payment of a one-off fee and provides access to the Platform for the lifetime of the Platform, subject to these Terms and Conditions.

Holders of a Lifetime Access Licence will not be subject to recurring subscription fees, annual renewal charges, or future price increases for the licensed setting.

Access to existing Platform features, future updates, enhancements, improvements, and new functionality released as part of the standard Impact Early Years Platform will be included at no additional cost.

A Lifetime Access Licence applies only to the specific setting for which it was purchased and cannot be transferred, assigned, resold, or shared with another setting, organisation, or individual.

The Lifetime Access Licence does not include bespoke development work, consultancy services, training courses, audits, or any separate products or services that may be offered by Jigsaw Early Years Consultancy Ltd, Jigsaw Early Years Training Ltd or Impact Early Years Ltd outside of the standard Platform.

Impact Early Ltd reserves the right to modify, replace, or discontinue specific features where necessary for operational, technical, legal, or commercial reasons, provided that reasonable access to the core functionality of the Platform remains available.

For the purposes of this agreement, “lifetime” refers to the operational lifetime of the Impact Early Years Platform and does not guarantee the continued operation of the Platform indefinitely.

A Lifetime Access Licence is granted upon payment of a one-off non-refundable fee and provides access to the Platform for the lifetime of the Platform, subject to these Terms and Conditions.

If the Platform is discontinued permanently, Impact Early Years Ltd shall have no obligation to provide a replacement product, refund, or compensation beyond any rights required by applicable law.

5. Data Protection and Security

We process personal data in accordance with UK GDPR and the Data Protection Act 2018.

Data is securely hosted using AWS and DigitalOcean.

Impact Early Years Ltd acts as the Data Processor when processing personal data on behalf of customers through the Platform. Customers remain the Data Controller for the personal data they upload.

Sturgeon Solutions Ltd provides technical development, maintenance and support services under a contractual agreement with us. They may access live customer data strictly where necessary to investigate or resolve technical issues, and only when troubleshooting access has been requested by the customer. Such access is limited to what is necessary for the specific support request and is subject to appropriate confidentiality and data protection obligations.

We may use other authorised third-party service providers to support the operation, hosting, maintenance and delivery of the Platform. These providers are subject to appropriate data protection and confidentiality requirements.

We are responsible for ensuring that any third-party providers processing personal data on our behalf are subject to appropriate contractual data protection obligations.

You are responsible for ensuring that personal data you upload to the Platform is processed lawfully and that appropriate permissions, notices and lawful bases are in place.

Our Data Processing Agreement, incorporated into these Terms, sets out the respective data protection responsibilities of Impact Early Years Ltd and our customers.

6. Security Breach Notification

We apply appropriate technical and organisational measures to protect data, including secure hosting, access controls, activity logging, and optional two-factor authentication.

System-generated emails contain limited information and are designed to minimise the risk of unauthorised data access.

If a data breach occurs, affected customers will be notified as soon as reasonably practicable.

7. User Responsibilities

You are responsible for managing staff access levels and ensuring users only have access appropriate to their role.

All information entered must be accurate, lawful, and up to date.

You must notify us immediately of any suspected unauthorised access or security issue.

8. Support and Maintenance

Support is available during normal UK business hours.

Planned maintenance may occur and, where possible, advance notice will be given.

9. Account Deletion and Data Retention

Upon account deletion, data will be retained securely for 3 months.

You must download required documents before deletion.

After 3 months, data will be permanently deleted.

10. Intellectual Property

All Platform content and functionality is owned by Impact Early Years Ltd or its licensors.

You may not copy, modify, distribute, or commercially exploit any part of the Platform.

11. Acceptable Use

You and your authorised users must not:

(a) Use the Platform in breach of any applicable law or regulation;

(b) Upload, download, store, or transmit material that is abusive, defamatory, obscene, or otherwise objectionable;

(d) Attempt to gain unauthorised access to the Platform, servers, or connected systems;

(e) Carry out denial-of-service or distributed denial-of-service attacks;

(f) Upload or transmit viruses, malware, or harmful code;

(g) Use the Platform in a way that damages, disables, overburdens, or impairs it;

(h) Use automated systems (including bots, scrapers, or spiders) without prior written consent.

Any breach of this section is a material breach of these Terms and may result in immediate suspension or termination.

12. Suspension and Termination

You may cancel your subscription at any time.

No refunds are issued after the cooling-off period.

We may suspend or terminate access if these Terms are breached.

13. Limitation of Liability

To the fullest extent permitted by law, we are not liable for indirect or consequential losses, loss of data, loss of profits, service interruptions, or unauthorised access.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

14. Changes to These Terms

We may update these Terms from time to time.

Continued use of the Platform constitutes acceptance of the updated Terms.

15. Governing Law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

16. Disputes

In the event of a dispute, we encourage you to contact us directly to resolve the matter informally.

If a resolution cannot be reached, disputes shall be resolved in accordance with the laws and courts of England and Wales.

17. Cookies

Our Platform uses cookies and similar technologies. A pop-up message will inform you of this on your first visit.

By continuing to use the Platform, you consent to our use of cookies as outlined in our Cookie Policy.

18. International Data Transfers

The Platform is intended for use in the UK only. Any access from outside the UK is at your own risk.

If you choose to access the Platform from outside the UK, you are responsible for compliance with local laws.

19. Contact Us

If you have any questions or concerns, please contact us at:

admin@impactearlyyears.com

01794 400131