TERMS OF USE
These terms detail the licence Education AI Limited (EAI, we, our, us) grants users (including admins, students, teachers
and other school staff (Users,
you, your) and governs your use
of the EAI educational resources and teaching platforms, curriculum and
learning resources, including hardcopy resources and hardware (together, all
known as the Services).
By subscribing to and/or accessing or using our Services, you are agreeing to these terms (Terms of Use). In the case of parents / guardians or teachers / school administrators
who are agreeing to these Terms of Use on behalf of students under 18, the
adult responsible shall ensure that the student User complies with these Terms
of Use. We shall be entitled in our discretion to withdraw a student User’s
access in the event of non-compliance.
1.
Information
about us and how to contact us
1.1 We are Education AI Limited, a private limited company registered in England and Wales under company number 12492284, and have our registered address at Unit 16 Barkat House 116-118 Finchley Road, London, England, NW3.
1.2 If you have questions about these Terms of Use, or our Services more generally, you can contact us by emailing us at contactus@educationai.co.uk.
2.
Using
our Services
Your
use of our Services is subject to the following terms. By using our Services,
you confirm that you accept these Terms of Use and that you agree to comply
with them. If you do not agree to these terms, you must not use our Services.
3.
There are other terms that may apply to
you
3.1
These Terms of Use refer to the following
additional policies and terms, which may also apply to your use of our Services:
3.1.1
Our Privacy Policy (https://educationai.co.uk/legal/dataprivacy/);
and
3.1.3 the Subscription Agreement between EAI and your school, which governs the overarching subscription through which you have access to our Services.
Please note that these Terms of Use supplement these other policies and terms and conditions, and is not intended to override them.
4.
We may make changes to these Terms of Use
and Services
We may update and change our Services and/or these Terms of Use from time to time to reflect changes to our services, Users’ needs and our organisational priorities.
5.
Availability of our Services
5.1 Due to the inherent nature of the Internet, errors, interruptions and delays may occur in the availability of the Services.
5.2 We do not guarantee that our Services, or any content on them, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our Services for business and operational reasons.
5.3 You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
6.
You must keep your account details safe
6.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use or any other policy.
6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contactus@educationai.co.uk.
7.
Use of our Services
7.1 In order to access and use the Services, you must do so under a valid subscription. All access and use of these resources is strictly limited to the terms of the Subscription Agreement and the specific user requirements made known to you by your school. It is up to your school to ensure you have an up to date and valid subscription / access login. We reserve the right to suspend or cancel your access to our Services if your school has not paid its subscription/s, in accordance with the Subscription Agreement.
7.2 Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in our Services, and in the material published on them (including without limitation photographs, texts and graphic images). Those works are protected by copyright laws and treaties around the world. Our status (and that of any identified contributors) as the authors of content on / via our Services must always be acknowledged.
7.3 Every effort has been made to trace rights holders and to obtain their permission for the use of copyright material where necessary. We apologise for any errors or omissions and would be grateful if notified of any corrections that should be incorporated. Please promptly notify us at contactus@educationai.co.uk if you think the content on the Services is infringing your rights.
7.4 You must not use any part of the content on our Services for commercial purposes without obtaining a licence to do so from us or our licensors; the Services are for your personal, educational use only. All such rights are reserved.
7.5 Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information and convenience only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.7.6 The "Education AI" name and logo are our trade marks and you are not permitted to use them without our prior written approval.
7.7 Any rights not expressly granted in these terms are reserved.
8. Do not rely on information on our platforms
8.1 The content on / via our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
8.2 Although we make reasonable efforts to update the information on our Services, we make no representations, warranties or guarantees, whether express or implied, that the content on our Services is accurate, complete or up to date.
9. When we are responsible for loss or damage suffered by you
9.1 You acknowledge that the Services have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Services meet your requirements.
9.2 We only supply the Services to you as a student or teacher in your school for use in an educational context. You agree not to use the Services for any resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in any circumstances.
9.3 We are only responsible for loss or damage you suffer that is a direct foreseeable result of our breach of these Terms of Use or our negligence up to the limit specified in section 9.4, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the licence under these terms.
9.4 Our maximum aggregate liability to you under or in connection with these Terms of Use and/or the Services, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the amount you have personally paid for access to the Services in the twelve months preceding the event to which your claim relates. This does not apply to the types of loss set out in section 9.5. 9.5 Nothing in these Terms of Use shall limit or exclude our liability for: death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; and any other liability that cannot be excluded or limited by English law.9.6 Please back-up content and data used with the Services. We recommend that your school backs up any content and data used in connection with the Services on your behalf, to protect you in case of problems with the Services.
9.7 We are not responsible for events outside our control. If our provision of the Services is delayed by an event outside our control then we will contact you or your school as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
10. How we may use your personal information
10.1.1 We will use your personal information as set out in our Privacy Notice: https://educationai.co.uk/legal/dataprivacy/.
11.
Acceptable use restrictions
11.1 You must not:
11.1.1 use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Services or any operating system;
11.1.2 infringe our intellectual property rights or those of any third party in relation to your use of the Services including by the submission of any material;
11.1.3 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Services;
11.1.4 use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
11.1.5 collect or harvest any information or data from our systems.
12. User-generated content is not approved by us12.1 The Services may include information and materials uploaded by other Users. This information and these materials have not been verified or approved by us. The views expressed by other Users through our Services do not represent our views or values.
12.2 If you wish to complain about content uploaded by other Users, please contact us on contactus@educationai.co.uk.
13. Uploading content to our Services
13.1 Whenever you make use of a feature that allows you to upload content to our Services, you must comply with the content standards set out in these Terms of Use as well as any terms and conditions separately made known to you. These features of our Services are provided for your educational and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Services in a manner which is inconsistent with those stated purposes is strictly prohibited.
13.2
You retain all of your
ownership rights in your content, but you are required to grant us a limited
licence to use, store and copy that content and to distribute and make it
available to third parties as may be necessary for us to operate the Services.
13.3 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
13.4 We do not view, edit or pre-screen any user-generated contribution that you or anyone else make to any part of our Services. Therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that we are responsible for having made it available on / via the Services. We have the right to refuse or remove any content that is posted to, or available on, the Services if, in our opinion, your content does not comply with the content standards set out these Terms of Use.
13.5 You are responsible for securing and backing up your content.
14. We are not responsible for viruses and you must not introduce them
14.1 We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
14.2 You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the servers on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use our Services will cease immediately.
15. Governing law and resolving issues
15.1 If you have a complaint or an issue about the Services please contact us at contactus@educationai.co.uk and we will try to resolve it.
15.2 These terms are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
15.3 If we are in dispute in relation to these Terms of Use we may attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution Model Mediation Procedure. The commencement of mediation proceedings will not prevent the parties commencing or continuing court proceedings.