Privacy Policy
v1.1.0
March 19, 2026
By accessing or using the AcornCloud Platform in any capacity, you confirm that you have read, understood, and agree to be legally bound by these Terms in their entirety. If you do not agree, you must cease use of the Platform immediately.
1. Definitions
Term
Definition
2. Access to the Platform
2.1 Subscribing Services
Access to the Platform is granted to Subscribing Services under the terms of a Subscription Agreement. The Subscribing Service is solely responsible for managing user access within their account, including the invitation, administration, and deactivation of all Authorised Users.
2.2 Staff Users
Staff Users are granted access by the Subscribing Service or, in certain cases such as administrative setup, directly by AcornCloud. Staff Users may access the Platform using credentials issued to them and must use those credentials solely for the purposes of operating the Subscribing Service's account. Staff Users must not share credentials or allow others to act under their account.
The scope of a Staff User's access is determined by the role and permissions assigned by the Subscribing Service's administrator. AcornCloud accepts no liability for access granted incorrectly by the Subscribing Service.
2.3 Family Users
Family Users are granted limited access to view information relating to their own child or children enrolled with a Subscribing Service. Family User access is conditional on the Subscribing Service maintaining an active Subscription Agreement with AcornCloud. If the Subscribing Service's account is suspended or terminated, Family User access will be suspended or terminated accordingly without notice.
Family Users may be permitted by the Subscribing Service to grant access to additional individuals (such as grandparents or secondary guardians), subject to the Subscribing Service's own policies. AcornCloud accepts no liability for access granted by Family Users to third parties.
2.4 Access Restrictions
AcornCloud reserves the absolute right to suspend, restrict, or terminate access to the Platform for any Authorised User at any time, with or without notice, where AcornCloud reasonably determines that:
A breach of these Terms has occurred or is suspected;
The continued access poses a security, reputational, or legal risk to AcornCloud or to other users;
The Subscription Agreement with the relevant Subscribing Service has been suspended or terminated;
AcornCloud is required to do so by applicable law, regulatory direction, or court order.
AcornCloud shall not be liable for any loss, damage, or inconvenience arising from such suspension or termination.
3. Account Security
Each Authorised User is personally responsible for the security of their account credentials. Passwords must meet AcornCloud's minimum security requirements as specified within the Platform from time to time.
Authorised Users must:
Keep passwords confidential and not share them with any other person;
Use a unique password not used across other platforms or services;
Log out from shared or public devices after each session;
Notify their Subscribing Service administrator, and AcornCloud where applicable, of any suspected unauthorised access immediately.
AcornCloud accepts no liability for any loss or damage arising from an Authorised User's failure to maintain account security. Any actions taken using an Authorised User's credentials will be deemed to have been taken by that user unless AcornCloud is promptly notified of a security breach.
AcornCloud reserves the right to enforce additional security measures, including multi-factor authentication, at its sole discretion, and to require password resets at any time where it determines this is appropriate for the security of the Platform.
4. Permitted Use
4.1 Staff Users
Staff Users may access and use the Platform solely for the purpose of operating and managing the Subscribing Service's childcare operations within the scope of the Subscription Agreement. This includes managing children's records, staff administration, compliance activities, communications with families, and financial management, where such features are included in the relevant subscription plan.
4.2 Family Users
Family Users may access the Platform solely to view information relating to their own enrolled child or children, communicate with the relevant Subscribing Service, sign documents, manage their profile, and access features made available to them by the Subscribing Service.
4.3 General Restrictions
All Authorised Users are prohibited from:
Using the Platform for any unlawful purpose, or in any manner that violates applicable Irish, EU, or international law or regulation;
Attempting to gain unauthorised access to any area of the Platform, or to any other user's account or data;
Using the Platform to transmit or distribute any content that is defamatory, harassing, obscene, fraudulent, or that infringes any third-party intellectual property rights;
Using the Platform to send unsolicited commercial communications, advertising, or spam;
Attempting to reverse engineer, decompile, disassemble, scrape, or copy any part of the Platform or AcornCloud Content;
Using automated tools, bots, scrapers, or scripts to access or extract data from the Platform without AcornCloud's prior written consent;
Introducing any malware, viruses, or other harmful code to the Platform;
Interfering with or disrupting the operation of the Platform, its servers, or any connected networks;
Using another Authorised User's credentials or impersonating any person;
Using the Platform to store or transmit material that is pornographic, hateful, or incites violence or discrimination based on race, religion, ethnicity, gender, sexual orientation, disability, or any other protected characteristic;
Using the Platform to engage in any activity that damages, disparages, or is otherwise harmful to the reputation or interests of AcornCloud.
5. Intellectual Property Rights
All rights, title, and interest in and to the Platform and all AcornCloud Content are and shall remain the exclusive property of AcornCloud Limited. Nothing in these Terms or in the Subscription Agreement shall be construed as transferring or licensing any intellectual property rights to any Authorised User or Subscribing Service beyond the limited right of access expressly granted herein.
AcornCloud Content includes, without limitation:
All software code, algorithms, and architecture underlying the Platform;
All visual design, user interfaces, icons, and branding materials;
All audit templates, compliance frameworks, and pre-built content libraries;
All documentation, help content, training materials, and knowledge base articles;
The AcornCloud name, logo, and all associated trademarks and service marks.
Authorised Users may not copy, modify, adapt, distribute, sell, sublicense, or create derivative works based on any AcornCloud Content. Any unauthorised use of AcornCloud Content constitutes an infringement of AcornCloud's intellectual property rights and will be actionable accordingly.
AcornCloud reserves all rights not expressly granted in these Terms.
6. User-Generated Content and Data
6.1 Ownership of Customer Data
As between the Subscribing Service and AcornCloud, data submitted to the Platform by the Subscribing Service or its Authorised Users relating to children, families, staff, and operations ("Customer Data") remains the property of the Subscribing Service. AcornCloud processes Customer Data as a data processor in accordance with its Data Processing Agreement and Privacy Policy.
6.2 Content Standards
All Content submitted to the Platform by Authorised Users must be accurate, lawful, and compliant with applicable regulations including but not limited to GDPR, TUSLA requirements, Pobal compliance obligations, and any other regulatory requirements applicable to the Subscribing Service.
AcornCloud bears no responsibility for the accuracy, completeness, or lawfulness of Content submitted by Authorised Users. The Subscribing Service is solely responsible for ensuring that all Content entered by its Staff Users and Family Users meets applicable legal and regulatory standards.
6.3 AcornCloud's Rights Over Content
AcornCloud reserves the right to access, review, and remove any Content that it determines, in its sole discretion, violates these Terms, applicable law, or poses a risk to the Platform or other users. AcornCloud may take such action without prior notice and without liability to the relevant Authorised User or Subscribing Service.
AcornCloud may use anonymised and aggregated data derived from Platform usage for the purposes of improving the Platform, developing new features, generating product analytics, and producing industry insights, provided that such data does not identify any individual.
6.4 Feedback
Where any Authorised User submits feedback, suggestions, ideas, or recommendations regarding the Platform ("Feedback"), such Feedback is provided on a non-confidential basis and AcornCloud shall have an irrevocable, royalty-free, perpetual, worldwide right to use, reproduce, implement, adapt, and commercially exploit such Feedback for any purpose whatsoever, without any obligation of attribution, compensation, or confidentiality to the submitting user.
7. Monitoring and Enforcement
AcornCloud does not undertake to monitor all Content submitted to the Platform in real time. However, AcornCloud reserves the right to monitor, inspect, and audit any Content, user activity, or communications on the Platform at any time where AcornCloud considers this reasonably necessary to:
Detect, investigate, or prevent a breach of these Terms or applicable law;
Ensure the security, integrity, or performance of the Platform;
Comply with a legal or regulatory obligation;
Protect the rights, safety, or interests of AcornCloud, other Authorised Users, or third parties.
Where AcornCloud identifies a potential breach, it may, in its sole discretion and without prior notice:
Remove or disable any offending Content;
Suspend or terminate the relevant user's account;
Notify the relevant Subscribing Service's administrator;
Refer the matter to relevant law enforcement or regulatory authorities.
Primary responsibility for monitoring Content within a Subscribing Service's account rests with the Subscribing Service's designated administrators. Subscribing Services should report inappropriate Content or user behaviour to AcornCloud promptly.
8. Availability and Service Levels
AcornCloud will use commercially reasonable efforts to maintain availability of the Platform. However, the Platform is provided "as is" and "as available". AcornCloud does not warrant that the Platform will be uninterrupted, error-free, or completely secure at all times.
AcornCloud reserves the right to carry out planned maintenance, updates, or modifications to the Platform at any time. Where reasonably practicable, AcornCloud will provide advance notice of planned downtime, but is under no obligation to do so.
AcornCloud shall not be liable for any loss or damage arising from Platform unavailability, including where such unavailability is caused by:
Scheduled or emergency maintenance;
Third-party service provider failures (including cloud infrastructure providers);
Events outside AcornCloud's reasonable control, including force majeure events;
Actions taken by Authorised Users or Subscribing Services that negatively impact Platform performance.
9. Disclaimers and Limitation of Liability
9.1 No Professional Advice
Nothing on the Platform constitutes legal, financial, regulatory, or professional advice. AcornCloud provides tools to assist with operational management; compliance with all applicable laws and regulations (including TUSLA, Pobal, NCCA, and any other relevant regulatory body) remains the sole responsibility of the Subscribing Service.
9.2 Disclaimer of Warranties
To the maximum extent permitted by applicable law, AcornCloud expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, data accuracy, and uninterrupted access.
9.3 Limitation of Liability
To the maximum extent permitted by applicable law, AcornCloud's total aggregate liability to any Authorised User or Subscribing Service for any claim arising under or in connection with these Terms, the Platform, or any Subscription Agreement shall not exceed the total subscription fees paid by the relevant Subscribing Service to AcornCloud in the twelve (12) months preceding the event giving rise to the claim.
In no event shall AcornCloud be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, whether arising in contract, tort, or otherwise, even if AcornCloud has been advised of the possibility of such damages.
9.4 Third-Party Integrations
The Platform may integrate with or link to third-party services and platforms. AcornCloud does not control, endorse, or assume responsibility for any third-party services, their content, or their availability. Use of third-party services is at the Authorised User's own risk.
10. Data Protection and Privacy
AcornCloud processes personal data in accordance with Irish and EU data protection law, including the General Data Protection Regulation (GDPR) (EU) 2016/679, and the Data Protection Acts 2018–2023. Details of AcornCloud's data processing activities are set out in its Privacy Policy and, where applicable, its Data Processing Agreement with the Subscribing Service.
By using the Platform, Authorised Users acknowledge and agree that:
AcornCloud will process personal data as a data processor on behalf of the Subscribing Service in respect of Customer Data;
AcornCloud may process certain personal data as a data controller in its own right, including account registration data and anonymised usage analytics;
All personal data relating to children must be handled in strict compliance with applicable data protection law, and the Subscribing Service bears primary responsibility for ensuring lawful basis for such processing;
AcornCloud maintains appropriate technical and organisational measures to protect personal data against unauthorised access, loss, or destruction;
All data is stored within the European Economic Area in compliance with GDPR data residency requirements, unless otherwise agreed in writing with the Subscribing Service.
The Subscribing Service is responsible for obtaining all necessary consents, providing all required privacy notices to families and staff, and ensuring compliance with its own obligations as a data controller in respect of child and staff data.
11. Confidentiality
Authorised Users acknowledge that in the course of using the Platform, they may have access to confidential information relating to children, families, staff, financial data, and operational matters of the Subscribing Service. All such information is confidential and must be treated accordingly.
Authorised Users must not disclose any confidential information obtained through the Platform to any third party without the prior written consent of the relevant Subscribing Service, except where required by law or regulatory authority.
AcornCloud maintains strict internal confidentiality policies in respect of Customer Data and AcornCloud's own proprietary information. AcornCloud's confidentiality obligations in respect of Customer Data are set out in the Data Processing Agreement with the Subscribing Service.
12. Suspension and Termination
12.1 Termination by the Subscribing Service
A Subscribing Service may terminate its Subscription Agreement and all associated Authorised User access in accordance with the terms of the Subscription Agreement. Upon termination, all access to the Platform will cease and Customer Data will be handled in accordance with AcornCloud's data retention policy as set out in the Data Processing Agreement.
12.2 Termination by AcornCloud
AcornCloud may suspend or terminate any Authorised User's access, or the entire account of a Subscribing Service, at its absolute discretion and without liability, where:
There has been a material breach of these Terms or the Subscription Agreement;
Subscription fees are overdue and remain unpaid following a reasonable period of notice;
AcornCloud determines that continued access poses a legal, regulatory, reputational, or security risk;
A Subscribing Service enters insolvency proceedings, ceases to operate, or loses its regulatory authorisation to operate as a childcare service.
12.3 Effect of Termination
On termination or expiry of access:
All licences and rights granted under these Terms cease immediately;
Authorised Users must cease all use of the Platform;
AcornCloud may retain Customer Data for the period specified in the Data Processing Agreement and will thereafter securely delete or anonymise such data;
AcornCloud shall have no obligation to provide access to Customer Data after the termination period unless otherwise agreed in writing.
13. Modifications to the Platform and These Terms
13.1 Platform Changes
AcornCloud reserves the right to modify, enhance, discontinue, or restrict access to any feature or functionality of the Platform at any time without prior notice or liability. AcornCloud may introduce new features, pricing tiers, or usage limits at its sole discretion.
13.2 Changes to These Terms
AcornCloud reserves the right to amend these Terms at any time. Amended Terms will be posted to the Platform and, where reasonably practicable, Subscribing Services will be notified of material changes. Continued use of the Platform following the posting of amended Terms constitutes acceptance of the revised Terms. It is the responsibility of Authorised Users to review these Terms periodically.
14. Acceptable Use of Child Data
Given the sensitive nature of child-related data processed through the Platform, all Authorised Users are subject to the following additional requirements:
No information relating to children accessed through the Platform may be used for any purpose other than the legitimate operation of the Subscribing Service;
Photos, observations, and personal records relating to children must not be downloaded, copied, or shared outside the Platform except where expressly authorised by the Subscribing Service and consistent with applicable law;
Any suspected breach of child data confidentiality must be reported to the Subscribing Service administrator and, where required by law, to the Data Protection Commission;
AcornCloud reserves the right to audit access logs relating to child data and to take immediate action where misuse is detected.
15. Indemnification
To the maximum extent permitted by applicable law, each Authorised User agrees to indemnify, defend, and hold harmless AcornCloud Limited, its directors, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
Any breach of these Terms by the Authorised User;
Any Content submitted by the Authorised User to the Platform;
Any violation of applicable law or regulation by the Authorised User in connection with their use of the Platform;
Any claim by a third party arising from the Authorised User's conduct on the Platform.
The Subscribing Service shall be jointly and severally liable for indemnification obligations arising from the acts or omissions of its Staff Users and Family Users.
16. Assignment
Authorised Users may not assign, transfer, or delegate any rights or obligations under these Terms without AcornCloud's prior written consent.
AcornCloud may freely assign, transfer, or novate any of its rights or obligations under these Terms, including in connection with a merger, acquisition, asset sale, restructuring, or corporate reorganisation, without the consent of any Authorised User or Subscribing Service.
17. Governing Law
These Terms are governed by and construed in accordance with the laws of Ireland, without regard to conflict of law principles.
Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts of Ireland, to which each Authorised User irrevocably submits.
Where a dispute arises between AcornCloud and a Subscribing Service, the parties agree to attempt to resolve such dispute in good faith through direct negotiation before initiating legal proceedings. This does not prevent either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.
18. Entire Agreement and Severability
These Terms, together with the Subscription Agreement, Data Processing Agreement, and Privacy Policy (where applicable), constitute the entire agreement between AcornCloud and each Authorised User with respect to the subject matter herein and supersede all prior agreements, representations, and understandings.
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.
AcornCloud's failure to enforce any right or provision of these Terms at any time shall not constitute a waiver of that right or provision.
19. Force Majeure
AcornCloud shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay is caused by circumstances beyond AcornCloud's reasonable control, including but not limited to acts of God, natural disasters, government actions, pandemic, war, terrorism, labour disputes, power failures, internet outages, or failures of third-party infrastructure providers.
Contact
For questions or concerns about this Privacy Policy or our data practices, please email legal@acorncloud.com.