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Terms & Conditions of Sales

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Version 1.0 – For Nurseries (Data Controllers)
English Version – Final Commercial Model

 

1. Parties

Service Provider / Processor
Tech Dojo Consulting SARL — trading as “Bambin”
4/6 Av. Albert II, Zone F, 98000 Monaco
Email: info@bambin.app

Client / Data Controller
The nursery or childcare entity signing this Agreement (“the Client”).

 

2. Purpose of the Agreement

This Agreement governs:

  • access to and use of the Bambin platform;

  • commercial terms and subscription conditions;

  • roles and responsibilities of both parties;

  • data protection framework under Law n°1.565, APDP guidance and EU GDPR;

  • service, support and maintenance commitments.

This Agreement does not transfer any intellectual property rights.

 

3. Definitions

(Unchanged — aligned with APDP and EU GDPR expectations.)

 

4. Licence of Use

The Client receives a non-exclusive, non-transferable right to use Bambin for internal childcare operations only.
Authorised users include staff members and approved parents/guardians.

Reverse engineering, copying, resale, redistribution or unauthorised access is strictly prohibited.

 

5. Hosting & Data Localisation

All production data is hosted exclusively in Monaco, via Monaco Cloud, ensuring local data sovereignty in line with APDP expectations.

Any sub-processing outside Monaco may only occur:

  • under prior approval mechanisms in the DPA; and

  • with contractual safeguards providing equivalent protection.

 

6. Data Protection & Compliance

The Client is the sole Data Controller, responsible for:
 

  • defining lawful basis for data processing;

  • informing parents and staff through a privacy notice;

  • managing consent for photos where required;

  • handling retention and deletion protocols;

  • responding to data subject rights under Law n°1.565.

Bambin acts only as a data processor and follows the Client’s documented instructions, as defined in the Data Processing Agreement (DPA).

 

7. Responsibilities of the Client

The Client agrees to:

  • manage user identities and access rights;

  • verify appropriate consent before uploading content;

  • maintain password security and device hygiene;

  • inform Bambin immediately in the event of suspected breach or misuse.

The Client guarantees that they have the legal right to create accounts and upload content via Bambin.

 

8. Support & Maintenance (SLA)

Service

Target Timeframe

Email reply (support request)

Within 3 working days

Functional incident

Within 10 working days

Security incident

Without undue delay

Planned maintenance

Notified when possible

Support contact: info@bambin.app
Temporary interruptions during updates may occur.

 

9. Invoicing & Payment

  • Subscription fees are detailed in the Pricing Annex.

  • Invoices are issued annually or monthly as agreed with the Client.

  • Payment is to be made within 30 days of invoice issuance.

  • Applicable VAT/T.V.A. will follow Monaco regulations.

  • Late payments may result in temporary suspension of access.

Price Adjustment Clause
Subscription fees may be updated once per year. Bambin will provide 90 days’ notice of any price changes. Continued use constitutes acceptance.

 

10. Renewal & Termination

Automatic Renewal

The subscription renews automatically for the same duration unless cancelled in writing 30 days prior to the renewal date.

Termination

  • Termination must be requested in writing.

  • Upon termination, Bambin will export and/or delete data according to the DPA.

  • Data must be requested within 30 days of contract termination.

  • Data recovery or format conversion may incur reasonable fees.

No pro-rated refunds are issued for early termination unless otherwise agreed.

 

11. Force Majeure

Neither party shall be held liable for failure to perform contractual obligations due to events beyond their control (as defined under Monaco law). The affected Party must notify the other without delay.

 

12. Audit & Compliance Access

Bambin will support the Client within reasonable limits during:

  • APDP or internal compliance audits;

  • data protection reviews;

  • technical or legal due diligence inquiries.

A scoped engagement may be required where audits exceed normal operational limits.

 

13. Confidentiality

All technical, commercial and personal data exchanged between Parties is confidential.
This obligation remains for two years after contract termination.
Disclosure is only permitted:

  • by legal obligation; or

  • with written consent from the Client.

 

14. Intellectual Property

All code, design, branding, documentation and platform content remain the exclusive property of Tech Dojo Consulting SARL.

No copying, sublicensing, white-labelling, or derivative use may occur without prior written agreement.

 

15. Limitation of Liability

Bambin is subject to an obligation of means (“obligation de moyens”).
Liability is strictly limited to:

  • direct proven damages only

  • maximum = last quarterly subscription fee paid

Indirect losses (including lost revenue, data corruption, or service downtime) are excluded.

 

16. Governing Law & Jurisdiction

This Agreement is governed exclusively by Monaco law.
In case of dispute:

  1. Parties must first attempt amicable resolution.

  2. Failing that, jurisdiction is assigned to the courts of the Tribunal de Monaco.

 

17. Language Priority Clause

If discrepancies arise between French and English versions of this Agreement, the French version shall prevail.

 

18. Acceptance of Terms

By accessing or using the Bambin platform, the Client acknowledges having read, understood and accepted these conditions.
Continued use confirms acceptance and authorises Bambin to provide its services strictly under the Client’s instructions and in accordance with the DPA.

 

19. Annexes

This Agreement may include:

  • Data Processing Agreement (DPA)

  • Pricing & Subscription Annex

  • Configuration Workbook

  • Optional Service Add-ons (e.g. White-label)

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