End-User Licence Agreement (EULA)

CHEQDIN CHILDCARE SOFTWARE

Version 6.0 | Effective Date: 4 September 2025

Governing law: England and Wales

This Agreement governs the licence granted to you to use the Cheqdin Software. The Software is licensed, not sold, to you. This Agreement is supplemental to, and incorporated by reference into, our Terms of Use, and forms part of the wider agreement between you and us (see Section 2).

1. Definitions and Parties

This Agreement is entered into between Databotix Limited, a company incorporated in Scotland (Company Number SC545249), trading as Cheqdin Childcare Software, whose registered office is at The Capitol Building, 431 Union Street, AB11 6DA, United Kingdom (“Cheqdin”, “we”, “us” or “our”), and you, the Customer (“you”, “your” or the “Customer”).

In this Agreement, the following definitions apply:

“Software” means the Cheqdin cloud-based childcare and afterschool management platform, including the web portal and the mobile applications, together with all modules (including CheqForm, CheqBook, CheqBill and CheqComms), features, content, updates and documentation made available to you.

“Customer” means the childcare provider, nursery, school, out-of-school club, childminder, organisation, business or individual that has registered for or subscribed to the Software, on whose behalf the Software is accessed.

“Authorised Users” means the Customer’s staff, administrators and other personnel, and (where applicable) the parents and carers, whom the Customer permits to access the Software in accordance with this Agreement.

“Subscription” means the Customer’s active paid subscription to the Software, as governed by our Terms of Use and our Subscription, Refund & Cancellation Policy.

“Customer Data” means all data, content and information (including personal data relating to children, parents, carers and staff) submitted to or processed through the Software by or on behalf of the Customer.

“DPA” means our Data Processing Agreement, available at https://cheqdin.com/dpa/.

2. Relationship with Our Other Agreements

This Agreement does not stand alone. It is incorporated into and forms part of the wider contractual framework between you and us, which includes the following documents:

• Terms of Use — https://cheqdin.com/terms-of-use/
• Subscription, Refund & Cancellation Policy — https://cheqdin.com/refund-cancellation-policy/
• Privacy Policy — https://cheqdin.com/privacy-policy/
• Data Processing Agreement (DPA) — https://cheqdin.com/dpa/
• Acceptable Use Policy (AUP) — https://cheqdin.com/acceptable-use-policy/
• Cookies Policy — https://cheqdin.com/cookies-policy/

Order of precedence: This Agreement governs the licensing of the Software specifically. In the event of any conflict, the following order of precedence applies: (1) any signed Enterprise Agreement or Statement of Work (SOW); (2) the Terms of Use; (3) the DPA (in respect of data protection matters); (4) this EULA; and (5) the remaining policies. Where this EULA conflicts with the Terms of Use on a non-licensing matter, the Terms of Use prevail.

3. Licence Grant

Subject to your continued compliance with this Agreement and the maintenance of an active, paid Subscription (except in respect of any free or freemium plan, where applicable), Cheqdin grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited licence, for the term of your Subscription, to:

• access and use the Software (via the web portal and mobile applications) for your internal business purposes of managing your childcare or afterschool setting; and
• permit your Authorised Users to access and use the Software on your behalf, for the same purposes, provided you remain responsible for their compliance with this Agreement.

Commercial use is permitted and intended. For the avoidance of doubt, this licence is granted for the commercial operation of your childcare or afterschool business. This supersedes any prior characterisation of the licence as being for “personal, non-commercial” use.

The Software is licensed, not sold. Except for the limited licence expressly granted in this Agreement, no right, title or interest in or to the Software is transferred to you.

4. Licence Restrictions

Except as expressly permitted by this Agreement or by applicable law, you agree not to, and will not permit any Authorised User or third party to:

• sub-license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software, or make it available to any third party, other than to your Authorised Users as permitted under Section 3;
• copy or use the Software for any purpose other than as permitted under Section 3 (Licence Grant);
• modify, adapt, translate, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Software, except to the extent such restriction is expressly prohibited by applicable law;
• remove, alter or obscure any proprietary notice (including any notice of copyright or trade mark) of Cheqdin or its affiliates, partners, suppliers or licensors;
• introduce or upload any virus, malware, worm, Trojan horse or other harmful code, or attempt to gain unauthorised access to the Software, its servers or systems, or perform any action contravening the Computer Misuse Act 1990;
• use the Software to store or transmit unlawful, infringing, defamatory or harmful material, or in any way that could harm or attempt to harm a child; or
• use robots, spiders, scraping or data-mining technologies to extract data or content from the Software without our prior written consent.

Your use of the Software is also subject to our Acceptable Use Policy, available at https://cheqdin.com/acceptable-use-policy/.

5. Authorised Users and Account Responsibility

You are responsible for all activity that occurs under your account and the accounts of your Authorised Users. You must ensure that:

• your Authorised Users access and use the Software in accordance with this Agreement and the Acceptable Use Policy;
• login credentials are kept confidential and secure, and are not shared with unauthorised persons;
• you promptly notify us if you become aware of, or suspect, any unauthorised access to or use of the Software or any compromise of credentials; and
• the information you provide when registering and maintaining your account is accurate and kept up to date.

We may suspend or withdraw access to any account where we reasonably suspect a breach of this Agreement, unauthorised access, or any risk to the security or integrity of the Software.

6. Customer Data and Data Protection

Ownership: As between you and Cheqdin, you own all Customer Data. We do not claim any ownership rights in your Customer Data. You grant us a limited licence to host, process and transmit Customer Data solely to the extent necessary to provide the Software and perform our obligations.

Roles: In respect of personal data contained within Customer Data (including data relating to children, parents, carers and staff), you act as the data controller and Cheqdin acts as the data processor. Such processing is governed by our Data Processing Agreement (DPA), which is incorporated into this Agreement by reference and which prevails over this EULA in respect of data protection matters.

We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and the DPA. Our handling of data for which we are the controller (such as website-visitor and account-administration data) is described in our Privacy Policy at https://cheqdin.com/privacy-policy/.

You are responsible for ensuring that you have a valid lawful basis for the personal data you process through the Software, and for obtaining any consents and providing any privacy notices required of you as data controller.

7. Intellectual Property and Feedback

The Software, including without limitation all copyrights, patents, trade marks, trade secrets, source code and other intellectual property rights, is and shall remain the sole and exclusive property of Cheqdin and its licensors. “Cheqdin” and “Databotix” are trade marks of Databotix Limited.

Feedback: Any feedback, comments, ideas, improvements or suggestions you provide to us regarding the Software (“Suggestions”) are given voluntarily. You grant us a perpetual, irrevocable, royalty-free licence to use and incorporate the Suggestions for any purpose without obligation or compensation to you. We are not required to keep Suggestions confidential.

8. Fees, Subscription and Third-Party Services

Subscription-linked licence: This licence is conditional upon your maintaining an active, paid Subscription (other than for any free or freemium plan). All fees, billing, auto-renewal, cancellation, notice periods, the Early Termination Fee, and debt-recovery terms are governed by our Subscription, Refund & Cancellation Policy, available at https://cheqdin.com/refund-cancellation-policy/. If your Subscription is suspended or terminated for non-payment, your licence to use the Software may be suspended or terminated accordingly.

Third-Party Services: The Software may integrate with, display or make available third-party content, integrations or services, including payment providers such as Stripe, Stripe Connect, PayPal, GoCardless, Apple Pay and Google Pay (“Third-Party Services”). We are not responsible for any Third-Party Services, including their accuracy, availability, legality or any fees they charge. Your use of any Third-Party Service is at your own risk and subject to that third party’s own terms and conditions. Any platform fee charged by Cheqdin in respect of payment integrations is as set out in our Subscription, Refund & Cancellation Policy.

9. Updates and Modifications to the Software

We may from time to time provide enhancements, patches, bug fixes, updates, upgrades or other modifications to the Software (“Updates”). Updates may add, modify or remove certain features or functionality. All Updates form an integral part of the Software and are subject to this Agreement.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Software or any feature or service to which it connects, for operational, security, legal or business reasons. Where we anticipate a material or prolonged change, we will use reasonable endeavours to give you advance notice where practicable. We are not obliged to provide any particular Update or to maintain any particular feature.

10. Availability and Support

We aim to provide a reliable Service but do not warrant that the Software will be available uninterrupted or error-free. Availability, support levels and any service commitments depend on your Subscription plan. Enterprise customers may have specific service levels set out in a separate Statement of Work (SOW) or Enterprise Agreement, which prevail over this Section for those customers.

11. No Warranties

The Software is provided on an “AS IS” and “AS AVAILABLE” basis, with all faults and defects, without warranty of any kind. To the maximum extent permitted by applicable law, Cheqdin, on its own behalf and on behalf of its affiliates, licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising from course of dealing or trade usage.

Without limitation, we make no representation or warranty that: (i) the Software will meet your requirements or achieve any intended result; (ii) the Software will be uninterrupted, timely, secure or error-free; (iii) any information or content provided through the Software is accurate, reliable or current; or (iv) the Software, its servers or content are free of viruses or other harmful components.

Nothing in this Agreement excludes or limits any warranty or right that cannot be excluded or limited under applicable law, including under consumer protection legislation. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

Subject to the paragraph above, to the maximum extent permitted by applicable law:

• in no event shall Cheqdin or its suppliers be liable for any special, incidental, indirect, punitive or consequential damages whatsoever, including loss of profits, loss of revenue, loss of business, loss of goodwill, business interruption, or loss of or corruption of data or information, arising out of or related to your use of, or inability to use, the Software, even if advised of the possibility of such damages; and
• the entire aggregate liability of Cheqdin and its suppliers arising out of or in connection with this Agreement shall not exceed the total amount of Subscription Fees actually paid by you for the Software in the twelve (12) months immediately preceding the event giving rise to the liability.

This limitation of liability is consistent with, and to be read alongside, the liability provisions of our Terms of Use. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify and hold Cheqdin and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from and against any claim, demand, liability, loss or expense (including reasonable legal fees) arising out of or in connection with: (a) your or your Authorised Users’ use of the Software; (b) your breach of this Agreement; (c) your violation of any applicable law or regulation; or (d) your violation of any right of a third party, including any intellectual property or privacy right.

14. Term and Termination

This Agreement takes effect when you first accept it (by clicking “I Agree”, creating an account, or accessing or using the Software) and continues for the duration of your Subscription, unless terminated earlier in accordance with this Section.

This Agreement and the licence granted under it will terminate automatically on expiry or termination of your Subscription. We may also suspend or terminate this Agreement, with or without notice, where you materially breach this Agreement, the Terms of Use, the AUP or the Privacy Policy; where you created your account using false or incomplete details; or where you fail to pay Subscription Fees as they fall due.

Effect of termination: On termination, your right to access and use the Software ceases. You are solely responsible for exporting, downloading or backing up any Customer Data you require before your access ends, as further described in our Subscription, Refund & Cancellation Policy. Following termination, Customer Data will be handled and deleted in accordance with our data retention practices and the DPA. Termination does not affect any rights, remedies or liabilities that have accrued up to the date of termination, including any outstanding fees or an Early Termination Fee.

15. General

15.1 Severability: If any provision of this Agreement is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15.2 Waiver: Failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party’s ability to do so at any later time, nor shall waiver of a breach constitute waiver of any subsequent breach.

15.3 Assignment: You may not assign or transfer this Agreement or any rights under it without our prior written consent. We may assign this Agreement in connection with a merger, acquisition or sale of assets, or by operation of law.

15.4 Amendments: We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. Where a revision is material, we will provide at least 30 days’ notice before the new terms take effect. What constitutes a material change is determined at our reasonable discretion. By continuing to access or use the Software after revisions take effect, you agree to be bound by the revised Agreement.

15.5 Entire Agreement: This Agreement, together with the documents referred to in Section 2, constitutes the entire agreement between you and us regarding the licensing of the Software and supersedes all prior agreements and understandings (including EULA Version 2.1).

16. Governing Law and Jurisdiction

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement. Your use of the Software may also be subject to other local, national or international laws.

If you are a consumer, this does not affect your statutory rights or any mandatory protections available to you under the law of the part of the United Kingdom in which you reside.

17. Contact Information

If you have any questions about this Agreement, please contact us:

• Email: support@cheqdin.com
• Website: https://cheqdin.com
• Post: Databotix Limited (Trading as Cheqdin Childcare Software), The Capitol Building, 431 Union Street, AB11 6DA, United Kingdom

‘Cheqdin Childcare Software’ or ‘Cheqdin’ is the trading name of Databotix Limited,

registered in Scotland, United Kingdom under company number SC545249.

The Capitol Building, 431 Union Street, AB11 6DA, United Kingdom

© Copyright 2017–2026 Cheqdin – All rights reserved.