1. Who we are
Nine Pebbles is a software-as-a-service platform operated by FCL Acton (the “Operator”, “we”, “us”). The platform helps tuition centres, nurseries and after-school clubs (each a “Customer”) manage students, billing, attendance, and parent communications.
These Terms govern your use of the platform at app.ninepebbles.com and any related services (collectively, the “Service”). By signing up, accessing, or using the Service you agree to these Terms. If you do not agree, do not use the Service.
2. Accounts and access
2.1 Eligibility
You must be at least 18 years old and authorised to bind your organisation to these Terms. The Service is intended for use by education businesses; it is not directed at individual consumers.
2.2 Account security
You are responsible for safeguarding the credentials used to access your account, including passwords and any API keys you mint. You must notify us promptly of any unauthorised access. We may suspend accounts where we reasonably suspect compromise.
2.3 Roles
The Service supports multiple user roles (administrators, staff, parents, etc.). Each role grants different permissions; your organisation’s administrator controls which staff and parents can access what.
3. Subscriptions, fees and payment
3.1 Plans
The Service is offered on subscription plans. The features, limits and price of each plan are described at sign-up and in the in-app billing area. We may change plans on prospective notice, with at least 30 days’ notice for any price increase that affects you.
3.2 Trials
Free trials, where offered, automatically convert to a paid subscription at the end of the trial period unless you cancel before then. You will not be charged during the trial and may cancel at any time.
3.3 Payment
Subscription fees are billed in advance via our payment processor (Stripe). All amounts are exclusive of VAT and any other applicable taxes unless stated otherwise. Failed payments may result in suspension after a grace period; persistent non-payment may result in termination.
3.4 Refunds
Subscription fees are generally non-refundable. We may, at our discretion, issue a pro-rata refund where we materially fail to deliver the Service.
4. Your data
4.1 Ownership
You retain all rights in the data you upload to the Service (“Customer Data”), including student records, attendance, billing data and communications. We do not sell or share Customer Data.
4.2 Our role
We process Customer Data as a processor on your behalf to provide the Service, in accordance with our Privacy Policy and a Data Processing Agreement (available on request).
4.3 Export and deletion
You may export your Customer Data at any time using the in-app export tools. On termination, we retain Customer Data for 30 days, then delete it from active systems within a further 60 days. Encrypted backups are retained for up to 12 months before purging.
5. Acceptable use
You agree not to:
- Use the Service to break the law or infringe any third party’s rights.
- Upload malicious code, attempt to disrupt the Service, or circumvent rate limits or access controls.
- Reverse engineer, decompile, or attempt to derive source code from the Service.
- Resell, sublicense, or white-label the Service without written permission.
- Use the Service to store payment-card data outside the flows we provide.
- Use the Service to send unsolicited marketing communications.
6. Service availability
We aim for high availability but do not guarantee uninterrupted access. We may carry out planned maintenance (typically outside UK business hours) and may suspend the Service to address security incidents or legal compliance obligations. We are not liable for downtime caused by third-party providers (e.g. hosting, payment processors) beyond our reasonable control.
7. Third-party services
The Service integrates with third parties including Stripe (payments), GoCardless (Direct Debit), Resend (email), Supabase (hosting and storage), and Vercel (application hosting). Your use of those services is subject to their own terms. We are not responsible for third-party services.
8. Intellectual property
We retain all rights in the Service, including its software, design and trademarks. Nothing in these Terms transfers ownership of the Service to you. You receive a non-exclusive, non-transferable, revocable licence to use the Service for the duration of your subscription, in accordance with these Terms.
9. Confidentiality
Each party will keep the other party’s confidential information confidential and use it only to perform under these Terms. This obligation survives termination for 3 years.
10. Warranties and disclaimers
We provide the Service “as is” and disclaim all implied warranties to the maximum extent permitted by law, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be error-free or meet all of your requirements.
11. Liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data or goodwill. Each party’s aggregate liability under these Terms in any 12-month period is limited to the fees paid by you to us in that period. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited by law.
12. Term and termination
These Terms remain in effect for as long as you have an active subscription. Either party may terminate for material breach unremedied after 30 days’ written notice. You may cancel your subscription at any time through the in-app billing area. On termination, your right to use the Service ends immediately, but we will retain your data for the export window described in section 4.3.
13. Changes to these Terms
We may update these Terms from time to time. If we make material changes that affect your rights or obligations, we will give you at least 30 days’ notice by email or in-app banner before they take effect. Continued use after the change date constitutes acceptance.
14. Law and disputes
These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any disputes arising from these Terms, except that either party may seek injunctive relief in any competent court.
15. Contact
For questions about these Terms, contact us at [email protected].
These Terms are a template intended as a starting point. They have not been reviewed by a UK-qualified solicitor and may not reflect the specific commercial or legal arrangements of your relationship with Nine Pebbles. Please obtain independent legal advice before relying on them.