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Privacy Policy · Terms of Service · Data deletion

Terms of Service

Effective date: 10 October 2026

Last updated: 10 October 2026

Version: 1.7

Transition from version 1.5. For a Customer who accepted version 1.5 or an earlier version, version 1.7 applies from the date an authorised user of that Customer accepts version 1.7 in the app. Until then, the version that Customer last accepted continues to apply to that Customer (see clause 14). New Customers accept version 1.7 when they sign up.

These Terms of Service ("Terms") form a binding agreement between KindyMenu Pty Ltd (ABN 46 700 825 369), trading as KindyMenu ("we", "us", "our"), and the legal entity that subscribes to the KindyMenu childcare menu planning, food safety record-keeping and parent communication service ("Customer", "you", "your").

By creating an account, clicking "I accept", or using the Service, you confirm you are authorised to bind the Customer and you accept these Terms, the Privacy Policy, the Data Processing Addendum and the Acceptable Use Policy.

1. The Service

1.1 We provide a cloud-based and offline-capable software platform for childcare menu planning, food safety record-keeping, HACCP logs, cleaning logs, staff certification tracking, parent communication, and related operational tools ("Service").

1.2 The Service is intended for Australian childcare centres, family day cares, and outside-school-hours care services. Use outside Australia is permitted but the regulatory templates remain Australian-specific.

1.3 We continuously improve the Service. Features may be added, modified, or removed. Material reductions of functionality are announced at least 30 days in advance.

2. Subscriptions, pricing, and free trial

2.1 Plans. Plans and pricing are published on our pricing page. As of the effective date:

Child limits count the children on your roll. We allow a 10% buffer above the limit (Solo 55, Centre 220) before new children are blocked; children already on the roll are never removed. To go above the limit, move to a larger plan.

All prices are in Australian dollars and exclude GST. GST is added at checkout where applicable. KindyMenu Pty Ltd is registered for GST from 16 September 2026. For each payment we issue a tax invoice through Stripe showing our ABN and the GST amount, and an adjustment note for each refund.

2.2 Annual billing. Annual plans are billed at 10× the monthly price (2 months free). An annual plan renews automatically for a further year at the then-current price unless you cancel before the renewal date. We will email account admins at least 30 days before an annual plan renews. Plan changes are prorated by our payment provider: credit for unused time on the old plan is applied to future invoices and is not paid out in cash, except where a refund is due under clause 2.5, 6.5 or 8.

2.3 Free trial. New Customers receive a 30-day free trial, no credit card required. At the end of the trial, the Service becomes read-only until a paid plan is selected, and we email the account's contact address. If no paid plan is selected, the account is treated as closed on the day the trial ended, and clause 6.3 applies: we email again about 14 days before deletion and delete the organisation's data and all its backups 90 days after the trial ended.

2.4 Payment. Billing is handled by Stripe. By providing payment details you authorise recurring charges. Failed payments trigger a 7-day grace period; persistent failure converts the account to read-only.

2.5 Refunds. Monthly plans are non-refundable but cancellable at any time, taking effect at the end of the current billing period. Annual plans are pro-rata refundable within the first 30 days of each annual term, less the non-refundable payment processing fee charged to us on the original payment (for annual terms that start after the Customer has accepted version 1.1); after 30 days refunds are at our discretion. The processing fee is not deducted where a refund is required by the Australian Consumer Law, where you cancel because you object to a change under clause 14, or where we end the subscription on notice under clause 6.2. The full rules are in our Refund and Cancellation Policy. These refund rules operate in addition to, and never instead of, your rights under the Australian Consumer Law — see clause 8.

2.6 Price changes. We may change prices with 60 days' written notice to account admins. Active subscriptions on the old price honour that price until the next renewal.

3. Customer responsibilities

3.1 Account security. You are responsible for keeping account credentials, PINs, and staff access secret. Notify us within 24 hours of any suspected unauthorised access.

3.2 Lawful use. You will use the Service only for lawful purposes consistent with Australian childcare and food safety regulations, and in accordance with the Acceptable Use Policy.

3.3 Accurate data. You are responsible for the accuracy of the data you enter — including dietary and allergy information for children. Errors in such data can have serious consequences. We provide tools to assist accuracy; subject to clause 8, we are not liable for data you enter incorrectly.

3.4 Ownership and retention of your records. Records (HACCP logs, certificates, cleaning logs, allergy and dietary registers, parent correspondence and similar) created by you using the Service belong to you. As approved provider you are the record keeper, and the retention periods that apply are those in regulation 183 of the Education and Care Services National Regulations — generally 3 years, but until the child turns 25 for an incident, injury, trauma or illness record, and at least 45 years for records relating to child sexual abuse. Clause 9 sets out how this is allocated between us.

3.5 Your legal obligations. The Service supports your own record-keeping under the National Quality Standard, the Education and Care Services National Regulations, the Food Safety Standards and similar frameworks. Meeting your legal obligations is your responsibility. We do not represent that use of the Service will produce a particular regulatory outcome, and the Service is not a substitute for regulatory advice, a certified food safety supervisor, or an authorised officer's assessment.

3.6 No misuse. You will not (a) reverse-engineer, decompile, or attempt to extract source code; (b) probe for security vulnerabilities without our written consent; (c) use the Service to send unsolicited communications; (d) resell or sublicense access without a written reseller agreement. The Acceptable Use Policy contains the full list and forms part of these Terms.

3.7 The Service supports judgement, it does not replace it. The Service makes dietary and allergy information easy to record, find and display, but it is a record-keeping and communication tool — it does not exercise professional judgement, and it is not a substitute for your own food-safety training, supervision, or the risk minimisation and communication plan you must maintain under regulation 90 of the Education and Care Services National Regulations. Before preparing or serving food to a child, the staff member doing so must independently check that child's current dietary and allergy requirements — for example against a printed allergen record, the child's file, or direct confirmation from a supervisor — rather than relying on the Service as the sole or final check. This clause does not reduce our own responsibility under clauses 8 and 10 for the Service failing to accurately record, retain, or display information you entered correctly; it describes the standard, expected food-safety practice that applies with or without any software.

3.8 Languages on kitchen screens. Kitchen screens are available in 9 languages. Some translations are machine translations awaiting review by a native speaker; they are marked "Translation" in the language switcher. Allergy warnings stay in English. The English text is the reference. Your staff must check allergy and dietary information against the English record, the child's file or a supervisor before relying on a translated screen.

3.9 Your data stays in your organisation. Your ingredient list, ingredient prices, supplier lists and invoices are visible only to users of your organisation. We do not show them to other customers.

4. Our obligations

4.1 Availability. We target 99.5% monthly uptime (excludes scheduled maintenance, force majeure, third-party outages outside our reasonable control). Our status page publishes incidents.

4.2 Data protection. We handle your data in accordance with the Privacy Policy, the Data Processing Addendum, and applicable law. The database, authentication, file storage and backups are hosted in the Supabase Sydney (ap-southeast-2) region. Some data is disclosed outside Australia — the Privacy Policy names every subprocessor, its purpose and its country. KindyMenu has no AI of its own and does not send your data to an AI service on its own. External AI works only if your centre connects an external AI service it chooses, with its own API key; your centre chooses the provider and is responsible for that choice, and what staff send goes directly from the browser to that provider under the provider's terms (see section 5.1.1 of the Privacy Policy).

4.3 Backups. Every day at about 2:15 am Brisbane time we take an automatic backup snapshot of each active organisation's data. Snapshots are stored in the same Supabase database in Sydney (ap-southeast-2), with the same encryption and access controls as the live data. We keep one snapshot per day for 30 days, then one per week up to 12 weeks, then one per month up to 60 months. Users with the backup permission in your organisation can also take a manual snapshot; manual snapshots are kept while the account is active, until they are deleted. These retention periods apply to active accounts; when an account closes, its snapshots are deleted with its data (see After your account closes). A safety snapshot taken just before a restore is kept for 7 days. Snapshots are used only to restore your data after an error or an incident. They cannot be reached through the public API: only our server-side functions (service role) can read them, for your organisation only. Supabase also keeps its own platform backups of the whole database for a limited period set by its service plan. Export. Users with the backup permission can download the Recovery Kit at any time: a file with the data held in your kitchen workspace, including menus, recipes, children with their dietary and allergy records, stock, suppliers and receipts. Food-safety registers can be printed from the app. A complete copy of all your organisation's records, including food-safety logs and parent messages, is available free of charge on request to support@kindymenu.com.

4.4 Support. We provide email support at support@kindymenu.com. We do not promise a fixed response time. Enterprise does not include a dedicated support channel unless we agree that in writing.

4.5 Security. We follow the practices described in the Privacy Policy and the Data Processing Addendum: TLS 1.2+ in transit, encryption at rest by our hosting provider, row-level security, and server-side gateways for all email and SMS sending. Passwords are protected with bcrypt on our servers. Staff PINs are protected with a slow, salted hash (PBKDF2). We aim to fix critical vulnerabilities within 7 days and others within 30 days. Report security issues to security@kindymenu.com.

4.6 Breach notification. We will notify you within 48 hours of becoming aware of unauthorised access to, unauthorised disclosure of, or loss of personal information in your account, and cooperate with your assessment under the Notifiable Data Breaches scheme. Clause 6 of the Data Processing Addendum governs.

5. Intellectual property

5.1 Service IP. We retain all intellectual property in the Service, including code, design, embedded dish photo library (312 AI-generated images), templates, and documentation. You receive a non-exclusive, non-transferable licence to use the Service for the duration of your subscription.

5.2 Customer data. You retain all intellectual property in the data you upload. By using the Service you grant us a non-exclusive licence solely to host, process, back up, and deliver your data to you and your authorised users.

5.3 Built-in photo library. The 312 AI-generated dish photos bundled with the Service are licensed for use inside the Service only. You may print menus/recipes containing them; you may not redistribute the images as a separate collection.

5.4 Feedback. Suggestions you provide may be incorporated into the Service without compensation, but you retain ownership of your own ideas.

5.5 No AI training on your data. We do not use your data, including de-identified or aggregated data derived from it, to train or fine-tune artificial intelligence models. KindyMenu has no AI provider of its own and does not send your data to an AI service on its own. External AI works only if your centre connects an external AI service it chooses, with its own API key. In that case your centre chooses the provider, what staff send goes directly from the browser to that provider under the provider's terms, and that provider is not our subprocessor. Whether that provider may use or train on what is sent is decided by its terms, not ours, and your centre is responsible for that choice.

6. Termination

6.1 By you. You can cancel anytime from the Customer Portal. Monthly: effective at the end of the current period. Annual: effective at the end of the annual term; pro-rata refund possible within the first 30 days, as set out in clause 2.5.

6.2 By us. We may terminate or suspend with 30 days' notice, or immediately for: (a) material breach of these Terms or the Acceptable Use Policy, (b) non-payment after the grace period, (c) misuse harming other Customers, a child, a parent or the Service, (d) legal compulsion.

6.3 Effect of termination. Before you close your account, download your records: the Recovery Kit, printed registers, or a complete copy on request to support@kindymenu.com. Your centre is responsible for downloading its records before closure and for keeping the records the Education and Care Services National Regulations require (regulation 183) — for example records of an incident, injury, trauma or illness until the child is 25 years old, and other records about a child for 3 years after the child last attended. For 90 days after closure the account stays read-only so you can still download. About 14 days before deletion we email the account's contact address. 90 days after closure we delete your organisation's data and all its backup snapshots, automatic and manual, and any copy we kept when the account was deleted. Copies in Supabase platform backups then expire within that provider's backup period. If you ask us in writing before deletion to keep specified records (legal hold), we keep them until you tell us to delete them. Billing records are kept for 7 years, as tax and corporations law require, and then deleted. We delete data we no longer need, as APP 11.2 requires. On request we will confirm deletion in writing. Parent accounts. A parent's access to the Parent Portal ends when the centre removes the parent or the child leaves, or when the centre's account closes. About 14 days before deletion we email the parent. 90 days after access ends we delete the parent's account, email address, messages and Family Kitchen data. A parent can ask us to delete their own account at any time by emailing privacy@kindymenu.com; we then delete it after the 14-day notice. Records about the child (allergies, diet, attendance and similar) belong to the centre and stay under the centre's control. Paid parent subscriptions are cancelled when the centre's account closes, and refunds are handled under the Refund and Cancellation Policy.

6.4 Transfer of service approval. If your service approval transfers to another approved provider, we will support a per-child export of the regulation 177 documents so you can meet regulation 184. Obtaining parental consent for that transfer is your responsibility.

6.5 Refunds when we end or suspend the subscription. If we end the subscription on 30 days' notice, or under clause 6.2(d), we refund the unused portion of any prepaid period in full. If we end it under clause 6.2(a), (b) or (c), we refund the unused portion of any prepaid period, less any amounts you owe us and reasonable costs we can show were caused by the breach. A suspension on its own does not give rise to a refund; if a suspension ends in termination, this clause applies at the date of termination. This clause does not limit clause 8.

7. Warranties and disclaimers

7.1 Service condition. Subject to clause 8, and beyond the non-excludable consumer guarantees, the Service is provided "as is" and "as available". We do not warrant uninterrupted or error-free operation, or that the Service will meet every specific requirement.

7.2 Not a regulator substitute. The Service does not constitute legal or regulatory advice. It is a tool that helps you organise and produce records; you remain responsible for their accuracy and for meeting your legal obligations.

7.3 Third-party providers. The Service depends on the subprocessors named in the Privacy Policy. We remain responsible to you for their acts and omissions in providing the Service, subject to clauses 8 and 10.

8. Australian Consumer Law

8.1 You are a consumer. Our subscriptions are well below the $100,000 threshold in section 3 of the Australian Consumer Law ("ACL"), so you acquire the Service as a consumer even though you acquire it for your business. The consumer guarantees apply, including that the Service will be supplied with due care and skill (s 60), will be reasonably fit for the purpose you made known and of a nature and quality that can reasonably be expected to achieve the result you made known (s 61), and will be supplied within a reasonable time where no time is fixed (s 62).

8.2 Nothing here excludes those guarantees. Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy under the ACL or any other law that cannot lawfully be excluded, restricted or modified. Under ACL s 64, any term of these Terms that purported to do so would be void to that extent, and clause 8.3 is to be read accordingly. If there is any inconsistency between this clause 8 and any other clause, this clause 8 prevails.

8.3 Limitation permitted by ACL s 64A. The Service is not of a kind ordinarily acquired for personal, domestic or household use or consumption. Accordingly, to the extent permitted by ACL s 64A, our liability for a failure to comply with a guarantee in sections 60, 61 or 62 of the ACL is limited, at our election, to:

8.4 When the limitation does not apply. Clause 8.3 does not apply where, under ACL s 64A(3), having regard to the matters in s 64A(4), it would not be fair or reasonable for us to rely on it in the circumstances — for example having regard to the parties' relative bargaining positions, whether you knew or could reasonably have been expected to know of the limitation, and whether the Service was supplied to your specifications. In that case your ordinary rights and remedies are unaffected. Clause 8.3 also does not apply to a guarantee that ACL s 64A does not permit to be limited.

8.5 No misrepresentation about guarantees. We will not represent to you that a consumer guarantee does not exist, does not apply, or is excluded. Any statement elsewhere in our documentation or marketing that appears to do so is to be read as subject to this clause.

8.6 Unfair contract terms. These Terms are a standard-form small business contract. If a term is unfair within the meaning of the ACL, it is void and the remainder of these Terms continues to apply.

9. Record retention and system of record

9.1 The centre is the record keeper. Under regulation 183 of the Education and Care Services National Regulations, the duty to keep the documents prescribed by regulation 177 in a safe and secure place, for the prescribed periods, is imposed on the approved provider. You are the approved provider. That duty is yours and cannot be transferred to us by contract or by using the Service.

9.2 Periods you are responsible for. Generally 3 years; until the child turns 25 for a record of an incident, injury, trauma or illness of a child; 7 years after the death of a child; and, following the Royal Commission recommendation reflected in ACECQA and Queensland Department of Education guidance, at least 45 years for records relating to child sexual abuse that occurred or is alleged to have occurred. You decide which records fall into which class, and you decide the retention period configured in the Service.

9.3 KindyMenu is not the system of record. We are a processor of the records you create. We do not hold them as an archive of record, we do not check your retention against regulation 183, and you should not rely on the Service as your only copy of a record you are legally required to keep. Because we delete your data 90 days after closure (clause 6.3), keep a downloaded copy of any record you must keep longer.

9.4 What we commit to. So that clause 9.1 is a workable allocation and not an empty one, we commit to:

9.5 If the export fails. If the export in clause 9.4(b) does not work, tell us and we will remediate it, and we will not rely on clause 9.1 or 9.3 to your detriment in respect of any record you were prevented from exporting. Nothing in this clause 9 limits clause 8.

10. Liability

10.1 Cap. Subject to clauses 8 and 10.2, each party's aggregate liability arising from or relating to these Terms is limited to the greater of (a) AUD $500 or (b) the fees paid or payable by the Customer in the 12 months before the event giving rise to the claim. This cap does not apply to the Customer's obligation to pay fees, to the indemnity in clause 10.5, or to a breach of clause 2(h) of the Acceptable Use Policy.

10.2 What is not capped. Nothing in these Terms limits liability for: (a) personal injury, including a resulting fatality, caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that by law cannot be excluded or limited, including under the Australian Consumer Law as set out in clause 8.

10.3 Indirect loss. Subject to clauses 8 and 10.2, neither party is liable for indirect, consequential, special, or exemplary loss, including loss of profit, revenue, or anticipated savings.

10.4 Indemnity. You indemnify us against third-party claims arising from your (a) breach of these Terms or the Acceptable Use Policy, (b) misuse of the Service, or (c) infringement of third-party rights through data you upload. This indemnity does not extend to loss caused by our own breach, negligence or wilful misconduct.

10.5 Customer warranties and indemnity. The Customer warrants that it has given all notices and obtained all consents required by law (including the Privacy Act 1988 (Cth) and the Education and Care Services National Law and Regulations) to collect the personal information it enters, including sensitive information about children, and to disclose it to us and our subprocessors. The Customer indemnifies us against any claim by a child, parent, guardian, staff member or regulator, to the extent the claim arises from: (a) information the Customer or its users enter; (b) the Customer's decisions about food preparation, menus, allergens and supervision; (c) the Customer's choice and use of any external AI service; or (d) a breach of this clause. This indemnity does not apply to the extent the loss is caused by our breach of these Terms or our negligence.

10.6 All documents. Clauses 8 and 10 apply to all claims under these Terms, the Data Processing Addendum, the Privacy Policy and the Acceptable Use Policy.

10.7 Family Care Connect. If you turn on Family Care Connect, your staff write the replies to parents. You are responsible for their content and timing. Parents pay KindyMenu Pty Ltd for Family Care Connect under our Parent Terms.

11. Confidentiality

Each party will protect the other's confidential information with the same care it uses for its own (and at least reasonable care). Confidential information includes business plans, pricing, customer lists, and source code. Information kept in a record under the Education and Care Services National Regulations is additionally subject to regulation 181, and we treat it accordingly. Obligations survive termination by 3 years, except for personal information and records subject to regulation 181, where they survive indefinitely.

12. Notices

Notices to you go to the email address on the account. Notices to us go to legal@kindymenu.com (subject: "Legal notice — [topic]"). Notices are deemed delivered on the next business day after sending. Data breach notifications are additionally sent to any security contact you have nominated.

13. Force majeure

Neither party is liable for failure to perform due to events outside reasonable control: natural disaster, war, pandemic, internet failures, government action. The affected party must mitigate and notify promptly. Force majeure does not excuse a failure to pay, or a failure to notify you of a data breach.

14. Changes to these Terms

We will email account admins at least 30 days before a material change. A new version applies to you only when an authorised user accepts it in the app. If you do not accept it within 30 days after it takes effect, either party may end the subscription by notice, and we will refund any prepaid period pro rata. We will not make a change that reduces your rights under clause 8 or clause 9 with retrospective effect.

15. Governing law and jurisdiction

15.1 These Terms are governed by the laws of Queensland, Australia, and the courts of Queensland have non-exclusive jurisdiction.

15.2 Disputes. Before starting court proceedings (except for urgent relief), a party must give the other written notice of the dispute. Senior representatives will try in good faith to resolve it within 20 business days. If it is not resolved, either party may refer it to mediation in Brisbane, with costs shared equally. Nothing in this clause limits your rights under the Australian Consumer Law.

16. General

16.1 Entire agreement. These Terms, the Privacy Policy, the Data Processing Addendum, the Acceptable Use Policy and the Refund and Cancellation Policy constitute the entire agreement. Where they conflict on the handling of personal information, the Data Processing Addendum prevails, subject to clause 10.6.

16.2 Severability. If any clause is unenforceable, the rest remains in force.

16.3 No waiver. Failure to enforce any right is not a waiver.

16.4 Assignment. You may not assign without our consent. We may assign to an acquirer or successor, subject to the Privacy Policy.

16.5 No partnership. Nothing in these Terms creates a partnership, joint venture, or agency relationship.

16.6 Language. The English version is the binding version. Translations are provided for convenience only. If there is any difference, the English version prevails.

17. Contact

KindyMenu Pty Ltd (ABN 46 700 825 369)

Email: legal@kindymenu.com · Support: support@kindymenu.com · Security: security@kindymenu.com

Address: Ormeau Hills, Queensland, Australia

Privacy: see Privacy Policy

© 2026 KindyMenu Pty Ltd. All rights reserved.

KindyMenu is a product of KindyMenu Pty Ltd (ACN 700 825 369).

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