Terms & Conditions

1. Introduction and Agreement

These Terms and Conditions ('Terms') govern the access to and use of the AttendTrack platform ('the Service'), operated by Vince James trading as AttendTrack ('we', 'us', 'our'), with its principal place of business in Essex, England.

By registering for, accessing, or using the Service, the school, academy, multi-academy trust, or other educational organisation ('the School', 'you', 'your') agrees to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

These Terms should be read alongside our Privacy Policy and Data Processing Agreement, both of which form part of the overall agreement between us and the School.

2. Definitions

In these Terms, the following definitions apply:

• 'Service' means the AttendTrack web-based platform, including all features, dashboards, AI tools, reporting functions, and any related mobile or desktop interfaces.
• 'Subscription' means the recurring monthly or annual licence granted to the School to access and use the Service.
• 'School Data' means all data uploaded, entered, or generated by the School through use of the Service, including pupil attendance records, staff account information, and voicemail transcriptions.
• 'Authorised Users' means school staff members who have been granted login access to the Service by the School.
• 'Data Processing Agreement' or 'DPA' means the separate agreement governing how AttendTrack processes personal data on behalf of the School.
• 'Working Day' means any day Monday to Friday, excluding UK public holidays.

3. The Service

3.1 What We Provide

AttendTrack provides an AI-powered school attendance management platform that includes:

• Automated voicemail transcription and absence logging
• Real-time attendance dashboards
• Absence pattern recognition and alerts
• Automated notifications to school staff
• Attendance reporting tools
• AI-generated attendance insights

The specific features available to the School will depend on the subscription plan selected at the time of sign-up.

3.2 Availability

We aim to maintain the Service with a target uptime of 99% excluding scheduled maintenance. We will endeavour to provide advance notice of any planned maintenance periods. We do not guarantee uninterrupted or error-free access to the Service and shall not be liable for temporary unavailability caused by factors outside our reasonable control.

3.3 Updates and Changes

We reserve the right to update, modify, or improve the Service at any time. We will provide reasonable notice of any material changes that may affect the School's use of the Service. Continued use of the Service following notification of changes constitutes acceptance of those changes.

4. Subscriptions and Payment

4.1 Subscription Plans

Access to the Service is provided on a subscription basis. Current pricing and plan details are available at attendtrack.co.uk/pricing. Subscription fees are charged in pounds sterling (GBP) and are exclusive of VAT where applicable.

4.2 Billing

Subscriptions are billed monthly in advance. Payment is due on the same date each month corresponding to the date on which the subscription commenced. We use a third-party payment processor to handle all transactions securely. We do not store card details.

4.3 Price Changes

We reserve the right to amend subscription prices. We will provide a minimum of 30 days' written notice of any price increase. If the School does not wish to accept the new pricing, it may cancel its subscription in accordance with Clause 5 before the new pricing takes effect.

4.4 Failed Payments

If a payment fails, we will attempt to collect payment again within 3 Working Days. If payment remains outstanding after 7 days, we reserve the right to suspend access to the Service until payment is received. We will notify the School by email of any payment failure.

4.5 VAT

All prices are exclusive of VAT. VAT will be charged at the applicable UK rate where required by law.

5. Cancellation and Termination

5.1 Cancellation by the School

The School may cancel its subscription at any time by providing a minimum of 30 days' written notice to [email protected]. Cancellation will take effect at the end of the current billing period following the notice period. No refunds will be issued for any unused portion of the current billing period.

5.2 Termination by AttendTrack

We reserve the right to suspend or terminate the School's access to the Service immediately and without notice if:

• The School is in material breach of these Terms and has failed to remedy the breach within 14 days of written notice
• The School fails to make payment and the outstanding amount remains unpaid after 14 days
• The School uses the Service in a manner that is unlawful, fraudulent, or harmful to AttendTrack or third parties
• We are required to do so by law or a regulatory authority

5.3 Effect of Termination

Upon termination or cancellation, the School's access to the Service will cease. School Data will be retained for a period of 30 days following termination, during which time the School may request an export of its data. After 30 days, all School Data will be permanently deleted in accordance with our Data Processing Agreement.

6. Acceptable Use

6.1 Permitted Use

The School may use the Service solely for its own internal educational purposes, specifically for managing and monitoring pupil attendance within its own institution(s).

6.2 Prohibited Use

The School must not:

• Share login credentials or grant access to the Service to any person who is not an Authorised User
• Use the Service to process data relating to pupils or schools outside of the School's own organisation without our prior written consent
• Resell, sublicense, or otherwise commercialise access to the Service
• Attempt to reverse engineer, decompile, or extract the source code of the Service
• Use the Service in any way that violates applicable law, including UK GDPR and the Data Protection Act 2018
• Upload or introduce any malicious code, viruses, or harmful data into the Service
• Use automated scripts or bots to access the Service other than through our approved API

6.3 Responsibility for Authorised Users

The School is responsible for ensuring that all Authorised Users comply with these Terms. The School shall promptly notify us if it becomes aware of any unauthorised access to or use of the Service.

7. Data Protection

The processing of personal data through the Service is governed by our Data Processing Agreement, which forms a separate but integral part of the agreement between us and the School. By using the Service, the School confirms that it has read and agreed to the Data Processing Agreement.

In summary, and without prejudice to the full terms of the Data Processing Agreement:

• The School acts as the Data Controller in respect of all pupil and staff personal data processed through the Service
• AttendTrack acts as a Data Processor, processing data only on the School's documented instructions
• Both parties agree to comply with their respective obligations under UK GDPR and the Data Protection Act 2018

8. Intellectual Property

8.1 Our Intellectual Property

All intellectual property rights in the Service, including the software, design, algorithms, AI models, branding, and documentation, remain the exclusive property of AttendTrack (Vince James). Nothing in these Terms grants the School any rights in the Service other than the right to use it in accordance with these Terms.

8.2 School Data

The School retains ownership of all School Data. By using the Service, the School grants AttendTrack a limited, non-exclusive licence to process School Data solely for the purpose of providing and improving the Service, in accordance with the Data Processing Agreement.

8.3 Feedback

If the School provides feedback, suggestions, or ideas regarding the Service, AttendTrack may use this feedback without restriction or compensation to the School.

9. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service ('Confidential Information'). Neither party shall disclose the other's Confidential Information to any third party without prior written consent, except as required by law or regulation.

This obligation of confidentiality does not apply to information that is or becomes publicly known through no fault of the receiving party, or that is independently developed by the receiving party without reference to the Confidential Information.

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

• We have the right to provide the Service under these Terms
• We will use reasonable skill and care in providing the Service
• We will comply with all applicable laws in the provision of the Service

10.2 Disclaimers

Except as expressly set out in these Terms, the Service is provided 'as is' and we make no warranties, express or implied, regarding:

• The accuracy or completeness of AI-generated transcriptions, insights, or recommendations — these are provided as decision-support tools and should always be reviewed by a human member of staff
• The fitness of the Service for any particular purpose beyond those described in our documentation
• The uninterrupted or error-free operation of the Service

11. Limitation of Liability

11.1 Limitation

To the fullest extent permitted by applicable law, AttendTrack's total liability to the School under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total subscription fees paid by the School in the 12 months immediately preceding the event giving rise to the claim.

11.2 Excluded Loss

In no event shall AttendTrack be liable for:

• Loss of profits, revenue, or business
• Loss of anticipated savings
• Loss of data (other than as expressly provided in our Data Processing Agreement)
• Indirect, consequential, or special loss
• Any loss arising from the School's failure to comply with its own statutory obligations

11.3 Exceptions

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

12. Indemnity

The School agrees to indemnify and hold harmless AttendTrack from and against any claims, losses, damages, costs, and expenses (including reasonable legal fees) arising from:

• The School's breach of these Terms
• The School's use of the Service in a manner that violates applicable law
• Any claim by a third party arising from the School's misuse of School Data or failure to comply with its data protection obligations as Data Controller

13. Third-Party Services

The Service integrates with or relies upon third-party services including Abacus.AI (platform infrastructure) and Twilio (telephony and voicemail). These third-party services are subject to their own terms and conditions. AttendTrack is not responsible for the availability, accuracy, or content of third-party services.

We will endeavour to notify the School of any material changes to our key third-party service providers, particularly where such changes may affect data processing or security.

14. Force Majeure

AttendTrack 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 its reasonable control, including but not limited to: acts of God, pandemic, government action, internet or telecommunications failures, third-party infrastructure outages, or cyber attacks.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.

15.2 Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

15.3 Informal Resolution

Before initiating any formal legal proceedings, both parties agree to attempt to resolve any dispute informally by notifying the other party in writing and allowing 30 days for good-faith resolution discussions.

16. General

16.1 Entire Agreement

These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements, representations, and understandings.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

16.3 Waiver

A failure or delay by either party to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

16.4 Assignment

The School may not assign or transfer any of its rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to a successor business without notice.

16.5 Notices

All notices under these Terms shall be in writing and sent by email to the address provided at the time of registration, or to [email protected] in the case of notices to AttendTrack.

16.6 Amendments

We reserve the right to amend these Terms at any time. We will provide a minimum of 30 days' written notice of any material changes. Continued use of the Service after the effective date of any amendment constitutes acceptance of the revised Terms.

17. Contact

For any questions regarding these Terms and Conditions, please contact: