These Terms of Use apply to everyone who uses Bytewise - schools, operators, guardians and other authorised users. Bytewise is owned and run by Nimbyx Limited.
1. Introduction and acceptance
1.1 These Terms of Use ("Terms") govern how you access and use Bytewise. By accessing or using Bytewise you confirm that you accept these Terms and will follow them. If you don't accept them, please don't use Bytewise.
1.2 Who Nimbyx is: Nimbyx Limited ("Nimbyx", "we", "us" or "our") is the company that owns and runs Bytewise, and builds software and services for schools and other educational settings. We operate only in the United Kingdom.
1.3 What Bytewise is: Bytewise is the online meal-ordering and top-up system that Nimbyx owns and runs.
1.4 Company details: Nimbyx Limited is a private limited company registered in England and Wales (company number 17288718), with its registered office at Rose House, Old Sawmill Place, Bell Lane, Little Chalfont, Amersham, Buckinghamshire, HP6 6FA.
1.5 These Terms apply to all users of Bytewise, including school and trust staff, operators, guardians and any other authorised user.
1.6 Some services carry extra terms. Where you make payments as a guardian, the Bytewise Terms & Conditions for Guardians also apply, and our Privacy Notice explains how we handle personal data.
1.7 By accepting these Terms, all users also acknowledge and accept the Bytewise Data Processing Agreement, and agree to use Bytewise in line with it, to the extent it applies to them (for example, schools and operators handling pupil and guardian data).
Please remember - Bytewise is a tool. Bytewise is software that helps schools, operators and guardians manage meal ordering, payments and communications. Like any software it can get things wrong, be interrupted or behave unexpectedly, and it relies on data and systems provided by others (including schools, operators, the Wonde integration and our payment partner). So far as the law allows, Nimbyx is not responsible for any inaccuracy, error, omission, loss or outcome arising from using or relying on the system or the data within it, or from any fault, failure or downtime. You use Bytewise, and rely on what it shows you, at your own risk.
2. Key terms
| Term | What it means |
|---|---|
| Bytewise | The online meal-ordering and top-up system owned and run by Nimbyx, including its related apps, websites and services. |
| Nimbyx (we, us, our) | Nimbyx Limited, the company that owns and runs Bytewise. Nimbyx Limited is a private limited company registered in England and Wales (company number 17288718), registered office Rose House, Old Sawmill Place, Bell Lane, Little Chalfont, Amersham, Buckinghamshire, HP6 6FA. |
| School | A school, academy, trust, local authority or other educational establishment that uses Bytewise. |
| Operator | The party providing catering and meal services in connection with a School. An Operator may be a third party, or the School itself where catering is run in-house. |
| Guardian | A person with parental responsibility for a pupil. |
| User (you, your) | Anyone who accesses or uses Bytewise, including school and trust staff, Operators, guardians and other authorised users. |
| MIS / SIS | A School's management information system or student information system. |
| Wonde | The third-party integration used to connect Bytewise to a School's MIS/SIS. |
| AI Features | Features of Bytewise that use artificial intelligence to generate or assist with content. |
| Content | Data, text, information and materials entered into or made available through Bytewise. |
| Privacy Notice | The Nimbyx privacy notice, which explains how we handle personal data. |
3. Your account
3.1 Some features need an account. Keep your login details private and secure, and don't share access.
3.2 Tell us or your School promptly if you think your account has been accessed without your permission.
3.3 You are responsible for everything done under your account.
3.4 We may run identity or permission checks before giving or continuing access, and may refuse, suspend or withdraw access where those checks can't be met.
4. Using Bytewise responsibly
4.1 Make sure any information you give us through Bytewise is accurate, complete and kept up to date.
4.2 Use Bytewise only for its intended purpose and in line with these Terms and any reasonable instructions from us or your School.
4.3 Bytewise relies on the information it holds or receives and does not independently check it. The messages and actions it produces are based on that information.
5. School data and who owns it
5.1 Schools are responsible for keeping accurate pupil records, contact details, dietary and allergy information, meal permissions and eligibility in their own systems.
5.2 As between a School and Nimbyx, pupil and school data stays the School's data. Nimbyx processes it to run Bytewise, as set out in our Privacy Notice.
5.3 Guardians should check information about their child and update it where Bytewise allows, or raise corrections with the School where it doesn't.
5.4 If information is wrong at source, that can affect what Bytewise shows and does.
6. How Bytewise connects to school systems (Wonde)
6.1 Bytewise connects to a School's MIS/SIS through Wonde, a third-party integration, to sync pupil, contact, group, permission and related records. Where the School approves the relevant Wonde permissions, this may also include pupil medical records and pupil photographs (see sections 6.7 and 6.8).
6.2 The data that flows in through this connection comes from, and is maintained in, the School's MIS/SIS. Bytewise displays, communicates and acts on the data it receives.
6.3 If the data in a School's MIS/SIS is wrong, incomplete or out of date, that directly affects how Bytewise behaves - including who receives messages, how pupils and contacts are matched, and how meals, permissions, eligibility and charges are applied. Responsibility for the accuracy of the source data rests with the School.
6.4 The connection depends on Wonde and the School's MIS/SIS being available and correctly set up. It may occasionally fail, be delayed, or sync incorrect data for reasons outside our control, and Bytewise's behaviour may be affected as a result.
6.5 We are not responsible for the availability, accuracy or performance of Wonde or any School MIS/SIS, for changes a School makes to its source data or settings, or for any resulting error, omission, delay or loss.
6.6 The allergen and dietary information Bytewise uses to manage meal choices is not taken from a School's MIS/SIS. It is managed directly within Bytewise (see section 7). Medical records synced from the MIS/SIS (section 6.7) are reference information only and do not drive those controls.
6.7 Where a School approves the relevant Wonde permission, Bytewise reads pupil medical records from the School's MIS/SIS. This is read-only reference information, shown to authorised staff at the pupil's School or its Operator to help them support and safeguard pupils - for example, awareness of a medical need relevant at mealtimes. It is health information and "special category" data: the School is the data controller and Nimbyx is its data processor, as set out in our Privacy Notice and the Bytewise Data Processing Agreement. If a medical record is wrong, incomplete or out of date, corrections must be made in the School's MIS/SIS, which is the source.
6.8 Where a School approves the relevant Wonde permission, Bytewise receives pupil photographs from the School's MIS/SIS. Photographs are displayed only to authorised staff at the pupil's own School or its Operator, solely to visually confirm a pupil's identity - for example at a till or checkout. They are never published, never shared outside the School and its Operator, and never used for automated or biometric recognition.
7. Allergens and dietary information
7.1 Bytewise gives Schools, operators and guardians tools to record and communicate dietary needs and allergen information.
7.2 Bytewise does not prepare, cook, serve or supply food, and is not a food business.
7.3 The allergen and dietary information that drives meal choices is managed within Bytewise and does not sync from a School's MIS/SIS (this is deliberate, for consistency and safety); medical records read from the MIS/SIS (section 6.7) are reference information only. Bytewise does not verify, and cannot guarantee, the accuracy of any allergen, dietary or medical information entered by Schools, guardians or others, or received from a School's MIS/SIS.
7.4 Bytewise can automatically block meals that conflict with the 14 major allergens defined by the Food Standards Agency (FSA). Anything outside those categories must be handled with your Operator.
7.5 Allergen and dietary needs must be recorded using the on-screen options - a free-text note on its own will not stop an unsuitable meal being chosen.
7.6 Always confirm allergen and dietary information directly with the School or Operator before food is ordered, served or eaten, and never rely on Bytewise alone for allergen-critical decisions.
7.7 So far as the law allows, we are not liable for any allergic reaction, illness, injury or loss arising from inaccurate, incomplete or out-of-date allergen or dietary information, or from reliance on information shown in the platform.
7.8 For pupils' allergen and dietary (health) information, the School is the data controller and Nimbyx is its data processor. Guardians and staff record this information in Bytewise on the School's behalf, and guardians can add further detail at any time; Nimbyx does not need separate consent from guardians to store it. How it is handled is set out in our Privacy Notice and the Bytewise Data Processing Agreement.
8. Payments
8.1 Payments through Bytewise are processed by regulated third-party payment providers, including Worldpay.
8.2 Accepted payment methods are credit and debit cards (including Apple Pay and Google Pay) and direct bank (BACS) transfer. American Express and cash are not accepted. Accepted methods may change from time to time.
8.3 Bytewise does not store full payment card details.
8.4 Processing times can be affected by banks, card providers or other third-party systems, and payments may be subject to authorisation, fraud or anti-money-laundering checks.
8.5 We are not responsible for the prices, charging policies or charging decisions of Schools or operators.
8.6 Where guardians make payments through Bytewise, the Bytewise Terms & Conditions for Guardians also apply to those payments.
9. Refunds
9.1 Refund decisions rest with the relevant School, trust or Operator, under their own policies. Bytewise does not decide whether a refund is due.
9.2 Where a refund is agreed, it is normally returned to the original payment method or account balance.
10. Third-party systems
10.1 Bytewise may connect with external systems, including School MIS/SIS, integrations such as Wonde, payment processors and other software providers.
10.2 We are not responsible for the availability, accuracy or performance of any third-party system.
10.3 Delays, outages, data errors or changes coming from third-party systems are outside our control and are not our responsibility.
11. AI features
11.1 Bytewise may offer AI-assisted features, for example to help draft messages, summarise information or support admin tasks.
11.2 AI-generated output is for assistance only, may contain errors or gaps, and is not professional, legal, medical, dietary or financial advice.
11.3 You remain responsible for reviewing, checking and approving any AI output before relying on it - especially where it concerns allergens, dietary or medical information, payments or safeguarding.
11.4 We do not guarantee the accuracy, completeness or suitability of AI output and, so far as the law allows, accept no liability for reliance on it.
12. What you must not do
12.1 Don't try to gain unauthorised access to the platform, any account or any connected system.
12.2 Don't interfere with the operation or security of Bytewise, or upload or send malicious software or harmful content.
12.3 Don't use Bytewise for any unlawful, fraudulent, abusive or harmful purpose.
12.4 Don't copy, adapt, reverse engineer, resell or otherwise exploit any part of Bytewise without our written permission, or use it to build a competing product or service.
12.5 Follow all applicable laws and any acceptable-use or safeguarding policies of your School.
13. Availability of the service
13.1 We aim for a reliable service but don't guarantee that Bytewise will be uninterrupted, error-free or always available.
13.2 Access may be suspended or restricted from time to time for maintenance, updates, security or events outside our control.
13.3 We may change, add to or withdraw features from time to time.
14. Intellectual property
14.1 All software, trademarks, branding, content, databases and technology that make up Bytewise belong to Nimbyx or its licensors and are protected by intellectual property law.
14.2 We grant you a limited, non-exclusive, non-transferable and revocable right to use Bytewise for its intended purpose while these Terms apply. No other rights are granted.
14.3 School and pupil data provided to Bytewise stays the School's data, as set out in section 5.
15. Messages and notifications
15.1 By using Bytewise you agree that we and Schools may send you service messages by email, in-platform notification, app notification or other means - including notices about your account, payments, orders and these Terms.
15.2 Keep your contact details accurate and up to date so you receive these messages.
15.3 Whether messages reach you, and how accurate they are, depends on the data held about you, including data synced from a School's MIS/SIS through Wonde.
16. Our liability
16.1 Nothing in these Terms limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything that can't lawfully be limited.
16.2 As explained at the start of these Terms, Bytewise is a software tool that can experience errors, interruptions or unexpected behaviour and relies on data and systems provided by others. So far as the law allows, we are not responsible for any inaccuracy, error, omission, loss or outcome arising from using or relying on Bytewise or the data within it, or from any fault, failure or downtime. You use Bytewise at your own risk.
16.3 Subject to 16.1, and so far as the law allows, we are not liable for any indirect, consequential, special or economic loss, or for loss of profit, revenue, goodwill, data or anticipated savings.
16.4 Subject to 16.1, we are not liable for loss or damage arising from: inaccurate, incomplete or out-of-date data provided by users or Schools, or synced through a School MIS/SIS or Wonde; allergen, dietary or medical information; meal ordering, menu changes, stock shortages, or missed or incorrect orders; decisions made by Schools, trusts or operators; the failure, delay or unavailability of any third-party system, integration or payment provider; or any use of, or reliance on, AI output.
16.5 Subject to 16.1, our total liability to you in connection with these Terms and your use of Bytewise will not exceed the greater of (a) £100 and (b) the total amount (if any) you paid us for the relevant service (not the sale of goods) in the 12 months before the claim arose.
16.6 Bytewise is provided "as is" and "as available". Except as expressly stated in these Terms, and so far as the law allows, we give no warranties or conditions of any kind, express or implied.
17. Indemnity
17.1 You agree to indemnify us and hold us harmless against reasonable costs, claims, damages and expenses we incur arising from your breach of these Terms, your misuse of Bytewise, or any inaccurate or unlawful information or content you provide.
18. Suspending or ending access
18.1 We may suspend or end your access to Bytewise, in whole or part, where we reasonably believe there has been misuse, fraud, a security concern or a breach of these Terms, or where the law or your School requires it.
18.2 We may also suspend or withdraw access where a School stops using Bytewise, or where we can no longer provide the service because of third-party actions.
18.3 Where we can, we'll give notice of any suspension or termination; otherwise we'll tell you as soon as reasonably possible, unless doing so would compromise security or an investigation.
19. Changes to the service and these Terms
19.1 We may update these Terms from time to time. The current version is available through Bytewise or the Nimbyx Website.
19.2 Changes take effect when published. Continuing to use Bytewise after that means you accept the updated Terms.
20. Events beyond our control
20.1 We are not responsible for any failure or delay in providing Bytewise caused by events beyond our reasonable control - including failures of telecoms, the internet, third-party systems, payment providers or integrations, or the acts or omissions of Schools or other third parties.
21. Other terms
21.1 If any part of these Terms is found unenforceable or unlawful, the rest continues in force.
21.2 If we delay or don't exercise a right, that is not a waiver of it.
21.3 You may not transfer your rights or obligations under these Terms. We may transfer or subcontract ours, and may use subcontractors and third-party providers to deliver the service.
21.4 No one who is not a party to these Terms has the right to enforce them.
21.5 These Terms, together with our Privacy Notice and any additional service terms, are the entire agreement between you and us about your use of Bytewise.
22. Governing law
22.1 These Terms are governed by the law of England and Wales.
22.2 Any dispute connected with these Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
23. Related policies
23.1 Please read these Terms alongside our other policies, each available on the Nimbyx Website: our Privacy Notice; the Bytewise Terms & Conditions for Guardians; our Cookie Policy; and the Bytewise Data Processing Agreement (for schools). Where Nimbyx processes personal data on behalf of a school, the Data Processing Agreement applies between Nimbyx and that school and prevails over these Terms on data-protection matters.
24. Contacting us
24.1 Bytewise is provided by Nimbyx Limited, a private limited company registered in England and Wales (company number 17288718), registered office Rose House, Old Sawmill Place, Bell Lane, Little Chalfont, Amersham, Buckinghamshire, HP6 6FA.
24.2 For general queries about Nimbyx, email support@nimbyx.co.uk.
24.3 For help with Bytewise, email parentsupport@nimbyx.co.uk (guardians), operatorsupport@nimbyx.co.uk (operators) or schoolsupport@nimbyx.co.uk (schools).
25. Parent company ownership
25.1 Nimbyx Limited has a parent company, Rocket Rose Holdings. Although Rocket Rose Holdings holds an interest in Nimbyx, no customer data is shared with, or accessible by, the parent company or its staff. Only employees of Nimbyx Limited have appropriate access to customer data.