Folia Terms and Conditions
These Terms govern the use of Folia, a communication platform for schools, parents associations and similar organisations, and the parents and guardians they communicate with.
Contents
1. About these Terms
1.1 Who we are
Folia is a product of Cocoon Creations Services Limited, a company registered in the Republic of Cyprus with registration number HE 304561, operating office at 20 Ionos Street, 3rd Floor, 2406 Egkomi, Nicosia, Cyprus (referred to as "Cocoon", "we", "us" or "our").
1.2 What Folia is
Folia is a cloud based platform made up of two parts:
- a web back office, used by staff and committee members of schools, parents associations and similar organisations to publish announcements and events, manage records and view reports;
- a mobile application for iOS and Android, used by parents and guardians to receive notifications, read announcements and view a calendar of events.
Folia is a channel for communication. We do not create, choose, review or approve the content that Organisations publish through it.
1.3 Who these Terms apply to
| You are | Sections that apply to you |
|---|---|
| A school, parents association or other organisation that subscribes to Folia | Sections 1, 2, Part A and Part D |
| A manager or administrator using the back office on behalf of an Organisation | Sections 1, 2, Part A and Part D |
| A parent or guardian using the mobile app | Sections 1, 2, Part B and Part D |
| A visitor to the Folia website | Sections 1, 2, Part C and Part D |
1.4 Accepting these Terms
- An Organisation accepts these Terms by signing an order form or a written confirmation that refers to them, or by using the platform.
- A parent or guardian accepts these Terms by ticking the acceptance box the first time they log in to the app. We record the date and the version accepted. If you do not accept, you cannot use the app, and you should ask your Organisation for information by another means.
- A website visitor accepts Part C by using the website.
1.5 Other documents that apply
Our Privacy Policy explains how personal data is handled and forms part of these Terms. For Organisations, a separate Data Processing Agreement also applies and takes precedence over these Terms on any matter concerning the processing of personal data.
2. Definitions
| Term | Meaning |
|---|---|
| Organisation | A school, parents association, club or other body that subscribes to Folia and publishes content through it. |
| Manager | A person authorised by an Organisation to use the back office. |
| Administrator | A user with elevated back office rights, who sets up schools, entities and manager accounts. |
| Parent | A parent or legal guardian linked to one or more Children and using the mobile app. Also referred to as "you" in Part B. |
| Child | A student record created by an Organisation, linked to one or more Entities and to at most two Parents. |
| Entity | A group a Child belongs to that produces communication, for example a school, a class or an afternoon supervision group. |
| Content | Announcements, events, text, images, links and any other material published by an Organisation through Folia. |
| Platform | The Folia back office, mobile app, supporting services and the Folia website. |
| DPA | The Data Processing Agreement between Cocoon and an Organisation. |
Part A: Terms for Organisations
3. The service we provide
We grant the Organisation a non exclusive, non transferable, revocable right to access and use the Platform for the term agreed, for the purpose of communicating with the parents and guardians of children enrolled with or registered by that Organisation. This right may not be sublicensed, resold or made available to any third party.
4. Setting up the account
- We create the Organisation, its Entities and its first Administrator account during onboarding.
- The Organisation is responsible for creating and maintaining Child and Parent records, either directly or through the bulk import template we provide.
- The Organisation decides who gets a back office account and what each account can do.
5. The Organisation's responsibilities
5.1 Data protection role
For all personal data about Children, Parents and Managers held in Folia, the Organisation is the data controller and Cocoon is the data processor. The Organisation decides what data is collected, why, and who receives it. We process that data only on the Organisation's documented instructions, as set out in the DPA.
This is the single most important obligation in these Terms. Before uploading any personal data to Folia, the Organisation must have a valid lawful basis under the GDPR for holding and sharing that data, and must have informed the parents concerned about how their data and their children's data are used, including the fact that Folia is used as a processor.
5.2 Accuracy of records
The Organisation is responsible for the accuracy of the records it enters or imports, and for keeping them up to date. This includes removing Children and Parents who are no longer connected to the Organisation, promptly, so that they stop receiving communications. We are not responsible for a communication reaching the wrong person because a record was wrong or out of date.
5.3 Content
The Organisation is solely responsible for the Content it publishes. The Organisation warrants that its Content:
- is accurate and lawful;
- does not infringe anyone's intellectual property, privacy or other rights;
- does not contain more personal data about a child or family than is necessary for the message;
- is not defamatory, discriminatory, abusive, misleading or otherwise unlawful;
- does not contain malicious code, scripts or markup;
- is not commercial advertising for a third party, unless we have agreed to it in writing.
We do not moderate Content before publication. We may remove Content and suspend an account where we reasonably believe this clause has been breached, or where we are required to do so by law.
5.4 Account security
The Organisation must keep back office credentials confidential, must not share accounts between people, must disable accounts when a Manager leaves, and must notify us without undue delay if it suspects unauthorised access. The Organisation is responsible for everything done through its accounts.
5.5 Communications to parents
Folia must be used only for communication about children's education, activities and the Organisation's legitimate business with parents. It must not be used for marketing unrelated products or services, political campaigning, or fundraising for causes unconnected to the Organisation, unless separately agreed in writing and supported by an appropriate lawful basis.
6. Fees and Billing
- Fees, the billing cycle and the subscription term are set out in the order form signed with the Organisation. Where no fee is stated, the Platform is provided free of charge until we give written notice that fees become payable.
- Fees are exclusive of VAT and any other applicable taxes.
- Invoices are payable immediately upon issuing.
- We may suspend access to accounts with invoices due by more than 30 days, after giving written notice.
- We may change fees at renewal, or with at least 30 days' written notice.
7. Availability and support
- We aim to keep the Platform available 99.5% of the time each calendar month, excluding planned maintenance and events outside our reasonable control. This figure is the level of service we work towards and monitor. It is a target, not a guaranteed service level, and it does not create a right to service credits, a refund or damages if it is not met in a given month. Where a separate service level agreement is signed with an Organisation, that agreement takes precedence over this bullet.
- Planned maintenance is normally carried out outside school hours. We give advance notice of maintenance likely to cause a noticeable interruption.
- Support is available by email at [email protected] during business hours in Cyprus, Monday to Friday, excluding public holidays.
- Push notification delivery depends on Apple, Google and the parent's device and network. We cannot guarantee delivery or delivery time. Content remains available in the app regardless of whether a notification arrives.
8. Suspension
We may suspend all or part of the Organisation's access immediately where there is a security risk, suspected unauthorised access, a legal requirement, unlawful Content, or non payment after notice. We will restore access as soon as the cause is resolved, and we will tell the Organisation why access was suspended unless we are prevented from doing so by law.
9. Term, termination and what happens to data
- Either party may terminate for convenience at the end of the then current term on 30 days' written notice.
- Either party may terminate immediately for a material breach that is not remedied within 30 days of written notice, or on the other party's insolvency.
- On termination, access to the Platform ends. On written request made within 30 days of termination, we will provide an export of the Organisation's data in a common machine readable format, upon payment of the relevant processing fee.
- After that 30 day window, we delete or anonymise the Organisation's data in line with the DPA and our Privacy Policy, except where we must keep records to meet a legal obligation.
10. Confidentiality
Each party will keep the other's confidential information confidential, use it only to perform these Terms, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiving party, was already lawfully known, is independently developed, or must be disclosed by law. This obligation survives termination for 1 year, and indefinitely for personal data and trade secrets.
Part B: Terms for Parents and Guardians
11. Your account
- Your account is created by your Organisation, not by you. You cannot register yourself.
- Your account is linked to the children your Organisation has recorded against your email address. You will see content only for those children.
- If your details or your children's details are wrong, or a child should be added or removed, contact your Organisation. We cannot change these records for you, because they are the Organisation's records.
- Your account is personal to you. Do not share it.
12. Logging in
- You log in with your email address. We send a six digit one time code to that address. The code is single use and expires after 10 minutes.
- You can request a limited number of codes per hour, and you have a limited number of attempts to enter each code. These limits protect your account.
- Once you are logged in you stay logged in on that device until you log out.
- Keep access to your email account secure, because anyone who can read your email can request a login code.
13. What the app does
- Shows announcements and events published by your Organisation for the entities your children belong to, combined into one feed and filterable by child.
- Sends push notifications when new content is published, if you allow notifications. If you do not allow them, the content is still there when you open the app.
- Records when you open an announcement, and records your answer where the Organisation has asked for one, for example accept or decline, or acknowledge and confirm. Your Organisation can see this.
The app does not currently support replying, messaging or free text responses. To contact your Organisation, use the contact details it gives you.
14. Content published by your Organisation
Announcements and events come from your Organisation. We do not write, check or approve them. If content is wrong, missing, late or inappropriate, raise it with your Organisation. If you believe content published through Folia is unlawful, you may also tell us at [email protected].
15. Your responsibilities
- Use the app only to receive and respond to communications about your own children.
- Do not copy, republish or share content about other families beyond what is necessary. Announcements may contain information that other parents expect to stay within the group.
- Do not attempt to access another parent's account or any data that is not yours.
- Do not attempt to interfere with, reverse engineer, scrape or overload the app or our systems.
16. Leaving
You can log out at any time and delete the app from your device. Your record belongs to your Organisation, so if you want your account removed or your personal data deleted, contact your Organisation. Our Privacy Policy explains this and your other rights. If you contact us directly with such a request, we will pass it to your Organisation and tell you that we have done so.
17. Cost
The app is free for parents and guardians. You may be charged service fees for payments made through the application. Your mobile data charges are your own.
Part C: Terms for website visitors
18. Using the website
You may view and print pages from this website for your own information. You may not copy, republish or use the website's content commercially without our written permission. You must not attempt to gain unauthorised access to the website or any system behind it, introduce malicious code, or use automated tools that place an unreasonable load on it.
19. Information on the website
Website content is provided for general information about Folia. It is not a contractual offer and it may change without notice. Where the website links to other sites, we are not responsible for their content or their privacy practices.
20. Enquiries
If you send us an enquiry through the website, we use your details to answer it. See the Privacy Policy for how long we keep them.
Part D: Terms that apply to everyone
21. Acceptable use
You must not use the Platform to break the law, infringe anyone's rights, send unsolicited marketing, distribute malicious code, circumvent security or access controls, or place a disproportionate load on our infrastructure. We may suspend or remove access where this clause is breached.
22. Intellectual property
- The Platform, including its software, design, structure, name and logos, belongs to Cocoon or its licensors. Nothing in these Terms transfers any of it to you.
- Content published by an Organisation stays the property of that Organisation or its licensors. By publishing it, the Organisation grants us a licence to host, process, transmit and display that Content for the sole purpose of operating the Platform.
- You may not copy, modify, decompile, reverse engineer or create derivative works of the Platform, except where the law expressly allows it.
23. Third party services
Folia relies on third party services, including cloud hosting, push notification delivery, transactional email and analytics. These are listed in our Privacy Policy. Mobile apps are distributed through the Apple App Store and Google Play, and their own terms apply to your download and use of the app. Apple and Google are not parties to these Terms and have no obligations in relation to Folia.
24. Changes to the Platform
We develop Folia continuously. We may add, change or remove features. We will not make a change that materially reduces core functionality for a paying Organisation during a term without giving reasonable notice.
25. Disclaimers
We provide the Platform with reasonable skill and care. Beyond that, and to the extent the law allows, we do not guarantee that the Platform will be uninterrupted, error free, or that every notification will be delivered to every device. Folia is not an emergency notification system and must not be relied on for urgent safety communications. Organisations should keep an alternative channel for urgent matters.
26. Liability
Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law. In particular, nothing limits either party's liability for fines or claims arising from its own breach of data protection law.
Subject to that, and to the extent the law allows:
- Neither party is liable for indirect or consequential loss, loss of profit, loss of business, loss of goodwill, or loss of anticipated savings.
- Our total liability to an Organisation in any 12 month period is limited to the fees that Organisation paid us in the 12 months before the event giving rise to the claim. Where the Platform is provided free of charge, that limit is EUR 100.
- We are not liable for the content an Organisation publishes, for the accuracy of the records an Organisation enters, or for an Organisation's failure to meet its own data protection obligations.
Nothing in this section affects a consumer's statutory rights. See section 30.
27. Indemnity
The Organisation will indemnify us against claims, losses and reasonable costs arising from its Content, from its failure to hold a valid lawful basis for the personal data it uploads, from its failure to inform parents as required by data protection law, or from its breach of section 5. This section does not apply to parents or website visitors.
28. Force majeure
Neither party is liable for a failure to perform caused by something outside its reasonable control, including outages at hosting, network or notification providers, cyber attack, industrial action, natural events, or government action. The affected party will tell the other and will work to resume service as soon as it can.
29. Changes to these Terms
- We may update these Terms. The current version and its date are always published on this page.
- For Organisations, we give at least 30 days' notice of material changes. If the Organisation objects to a material change, it may terminate before the change takes effect.
- For parents, we will ask you to accept a materially changed version the next time you open the app.
- Continued use after a change takes effect means you accept the new version.
30. Consumer rights
If you are a parent or guardian using the app as a consumer, you keep all rights given to you by Cypriot and European consumer protection law, and nothing in these Terms takes those away. You can bring proceedings in the courts of the country where you live. You may also use the European Commission's online dispute resolution platform, although we prefer to resolve complaints directly.
31. General
- Entire agreement. These Terms, the Privacy Policy, and for Organisations the order form and DPA, are the whole agreement between us on this subject.
- Severability. If a clause is unenforceable, the rest continues to apply.
- No waiver. Not enforcing a term at one point does not mean we give up the right to enforce it later.
- Assignment. You may not assign these Terms without our written consent. We may assign them to a group company or to a buyer of the Folia business, on notice.
- Notices. Notices to us go to [email protected] and to our office address. Notices to you go to the email address on your account.
32. Governing law and jurisdiction
These Terms are governed by the law of the Republic of Cyprus. The courts of the Republic of Cyprus have exclusive jurisdiction, except that a consumer may bring proceedings in the courts of their country of residence, as set out in section 30.
33. Contact
| Company | Cocoon Creations Services Limited |
|---|---|
| Registration number | HE 304561 |
| Office | 20 Ionos Street, 3rd Floor, 2406 Egkomi, Nicosia, Cyprus |
| General enquiries | [email protected] |
| Support | [email protected] |
| Legal and data protection | [email protected] |