What is the App?
The App is a ‘progressive web application’. That just means that when you access content through the App, you will sometimes be linking to Our website and may require an internet connection. If you can’t connect to the internet, it will be possible to use the App, although access to some features and facilities may be limited, restricted or unavailable.
The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on Our website) meet your requirements, and that your device or IT equipment meets the operating system and other requirements needed for Our App to work correctly – see the section entitled Operating system and other requirements and visit Our website at www.specialiapps.org.
What’s in these Terms?
For quick reference, you can click on the links below to go straight to more information on each area:
We may amend these Terms from time to time and We will let you know if We do so.
We will give you at least 30 days’ notice of any change by email. If you continue to use the App after having been informed of a change to these Terms, you’ll be deemed to have accepted them. If you do not accept any new terms you need to contact Us at email@example.com, and you may also have a right to terminate – see the section entitled Ending our contract because of something that We have done or are going to do.
We will only ask you to reconfirm that you accept these Terms where your subscription to Our App lapses but you later take out a new subscription.
By accepting these Terms (and any updates or amendments to them) We licence you to use the App and any updates or supplements to the Service, as permitted by these Terms.
All of the terms and conditions contained in these Terms apply to users who are consumers, except those in the section entitled Terms that apply to business users only. For users that are businesses (including schools), some of the following sections do not apply, and alternative terms and conditions are included in our contract. For details, please see the section below entitled Terms that apply to business users only.
Our contract with you is formed when you click ‘accept’ and enter your payment details into Our website. We may offer you a choice of monthly, annual or multi-year subscription to the App. We may give you a free 14 (fourteen) day trial period (“Trial Period”), which begins on the day that you accept these Terms and enter your payment details, and you can cancel your subscription with Us by emailing Us at any time before the end of the Trial Period at firstname.lastname@example.org. If you do cancel before the end of the Trial Period, no payment will be taken from you.
If you do not inform Us before the end of the Trial Period that you wish to cancel your subscription, payment will be taken at the end of the Trial Period and your subscription will continue automatically.
We will email you prior to the end of the Trial Period to remind you that the Trial Period is about to end and that payment will be taken from you using the account details that We have on record unless you cancel your subscription. The email will contain details of how to cancel your subscription. Please check your spam filter carefully to ensure that emails from Us are received in your inbox.
In cases where we do not offer you a Trial Period (for instance, if you use a coupon code to discount your first payment), the first payment will be taken when you enter your payment details.
We are giving you personally the right to use the App and the Services. Whilst you have certain sharing rights as set out in the section How you can use Our App, you may not otherwise transfer the App to someone else or allow them to use the Services, whether for money, for anything else or for free. If you sell any device or other IT equipment on which the App is installed, you must remove the App from it. You are responsible for ensuring that all persons who access your copy of the App are aware of these Terms, and that they comply with them.
We may offer you the option to subscribe to the App on a monthly or annual basis (“Subscription Period”). We may offer you the option of a membership subscription (“Membership”) granting access to multiple Apps. In this context, Membership does not confer any voting rights or controlling interest in Our company.
Our prices are set out on the payment page of Our website and We may change Our prices at any time, although We will not increase prices for an annual subscription during the year in which you are subscribed, or for a monthly subscription during the month in which you are subscribed. We will notify you by email of any price changes before they become effective.
You must enter your payment details before being given access to the Trial Period. Payment will be taken automatically from your chosen payment method if you do not cancel your subscription before the end of your Trial Period.
Your subscription will automatically renew at the end of the Subscription Period. If you do not want to continue to use the App and access the Services after the end of your Subscription Period, you must cancel your subscription by notifying Us at email@example.com, or by using the cancellation page on Our website, as detailed in the Frequently Asked Questions page at www.specialiapps.org/faq.
If you do not cancel your subscription during the Trial Period and your subscription continues, you cannot cancel that subscription in the initial Subscription Period. However, you may be able to end the subscription early if We have done something wrong, or We may choose to end the contract – see the section entitled Ending our contract and problems with the App. Otherwise, We will provide access to the App until your subscription expires.
You have a legal right to change your mind within 14 (fourteen) days of the start of your subscription. Your right to change your mind ends if you fail to cancel your subscription before the end of the Trial Period.
At the start of your Trial Period you’ll be given a product key that you can use to access the App. Your access to the App will expire at the end of the Trial Period if you choose to cancel your subscription.
Your product key will allow you to access a single App, or in the case of a Membership subscription may grant access to multiple Apps. Your subscription will specify a quota of devices: you may use the App or Apps on up to this number of devices. Please note that where you try to access the App on the same device using two different web browsers, for technical reasons this will count as 2 (two) devices. Our App includes a “Logout” button which removes the device from your quota. Alternatively, you can contact firstname.lastname@example.org for support with management of your quota for the App.
We may automatically logout the App from devices where there has been no login for a period of 30 (thirty) days or more, and require you to re-enter your product key to regain access on that device.
You may share access with any member of your household, or with those who provide care for people for whom a subscription to the App has been purchased (“Authorised Users”). You must not share access to the App with people who are not Authorised Users. If you do, We have the right to withdraw your access to the App (see the section entitled Ending our contract and problems with the App).
If you download or use the App on any phone, tablet or other device or equipment not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device or equipment. If someone else is using the App, it is their responsibility to comply with these Terms. Where a child is using the App, the adult with responsibility for that child is responsible for complying with these Terms.
We will regularly update Our App with content which you can use to support people with special educational needs (“Our Content”). You may export Our Content from the App, but this must be for the personal use of an Authorised User only.
Our status as the authors of Our Content must always be acknowledged.
You must not use any part of Our Content for any commercial purposes without obtaining a licence to do so from Us or Our licensors.
You may import content to Our App (“Your Content”), including photographs and other images, text and audio. You are free to export Your Content from the App and make copies of it, provided that you follow the rules contained in this section around Our Content where that forms part of the content that is exported. You must always comply with Our Acceptable use restrictions.
Your Content will be accessible through the App for 5 (five) days from the end of your Subscription Period. Subject to Your Content complying with Our Acceptable use restrictions, We will also make a copy of Your Content available to you through the App for 5 (five) days after We terminate this contract, if We choose to do so (Our rules on ending our contract are contained in the section entitled Ending our contract and problems with the App). You are responsible for exporting a copy of Your Content before the end of this 5 (five) day period. You will not be able to access Your Content if you do not export it before the end of this period.
You can read about Our liability in relation to Your Content in the section entitled Our responsibility for loss or damage suffered by you, but as you may choose to save Your Content to your device’s local storage, a cloud service, or to transmit Your Content via email, We recommend using this to back up Your Content on a regular basis.
We may make free resources available on Our site from time to time (“Free Resources”). These are for educational purposes only. We provide no warranty in relation to Free Resources and all warranties implied by the law are excluded to the fullest extent possible.
We may update and change Our App from time to time. We’ll try to give you reasonable notice of any changes that might affect you or the App. We may change the App:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat.
If the changes affect your use of the App or ability to access it, We will let you know by emailing you with details.
We don’t guarantee that the App, or any content on it, will always be available or be uninterrupted and remember, you may need an internet connection to connect to and use all the features of the App!
We may suspend, withdraw or restrict the availability of all or any part of the App for business and operational reasons, such as when We need to carry out maintenance on the App. If We do so, We’ll try to minimise any disruption that might be caused.
The operating system and other requirements for Our App to work correctly may change from time to time – please see the latest information on this, which is available at www.specialiapps.org/en/supported-platforms.
All intellectual property rights in the App, the Services and any content that We provide through the App belong to Us (or Our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, Our Content, or the Services that We provide other than the right to use them in accordance with these terms.
You own the intellectual property rights in Your Content and We have no rights over Your Content. While Your Content can be imported into the App, it is not automatically uploaded to any servers of Ours or to cloud services such as iCloud or Google Drive. As We set out above, you should export Your Content to your device’s local storage, a cloud service, or to transmit Your Content via email on a regular basis.
We don’t guarantee that Our App will be secure or free from bugs or viruses.
You’re responsible for configuring your IT to access Our App, and for ensuring that any equipment on which you wish to use the App meets the requirements set out in the section entitled Operating System and other requirements. You should use your own virus protection software.
- not use the App or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or harmful data, into the App or any operating system;
- not attempt to gain unauthorised access to Our App, the server on which Our App is stored or any server, computer or database connected to Our App;
- not attack Our App via a denial-of-service attack or a distributed denial-of service attack;
- not infringe Our intellectual property rights or those of any third party in relation to your use of the App, (to the extent that such use is not licensed by these Terms);
- not use the App in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
- not collect or harvest any information or data from the App or attempt to decipher any transmissions to or from the servers.
So if your use of the App damages Our business or reputation, affects the availability of the Services to others, breaks the law, causes Us to incur any legal, tax or other regulatory liability or is malicious, intimidating or threatening (or a reasonable person would consider your conduct unacceptable), We reserve the right to terminate or suspend your use of the App.
You must never import any content to the App that is obscene, unlawful, defamatory, offensive or in any way criminal and if you do so, We reserve the right to suspend your right to access terminate your subscription with immediate effect. Where an offence may have been committed (whether through your actions in respect of the App or in Your Content), We’ll report this to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our App will cease immediately.
You agree that you will:
- except in the course of permitted sharing (see the section entitled How you can use Our App), not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from Us;
- not copy the App, Our Content or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Our Content or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices or equipment as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
To use the App, you must enter your first and last names, an email address, a postal address, a phone number and provide Us with payment details. You may choose to complete additional fields. Where Your Content contains pictures or audio recordings of children or adults, or any other data from which a person is identifiable, this will be personal data, and may in some cases be sensitive personal data.
You must treat any product key or other login and/or password information as confidential. You must not disclose it to anyone else except Authorised Users who are authorised to use the App.
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.
If you know or suspect that anyone other than you knows your user identification code or password, you must tell Us straight away, by emailing Us at email@example.com;or calling Us at +44 (0) 191 389 6638.
We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breaking these Terms or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both We and you knew it might happen.
We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the App may be subject to limitations, delays and other problems.
We are not liable where, due to an error on your device or IT system, or a network or connection problem, you cannot access or use Our App.
We are not liable for Your Content (including any third party content) that you import to the App and accept no liability for any loss of Your Content (including any third party content). It is your responsibility to save Your Content and We recommend that you do so regularly, to protect yourself in case of problems with the App or the Service.
For consumers, We only provide Our App for domestic and private use. You agree not to use Our App for any commercial or business purposes, and in the event that you do so, We are not liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
The App and the Services are provided for general information and education purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although We make reasonable efforts to update the information provided by the App and the Service, We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We may from time to time signpost users of the App to a third party organisation or a third party website where requested but take no responsibility for the suitability of such signposting, nor any services, advice, products or similar that are received from such organisation. We do not warrant the accuracy of any information contained on any third party website.
We are not responsible for events outside Our control. If Our provision of the Services or support for the App or the Services is delayed by an event outside Our control then We will contact you 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 but if there is a risk of substantial delay you may contact Us to end your contract with Us and receive a refund for any Services you have paid for but not received.
The total amount of Our liability to you for any loss or damage you suffer arising out of your use of the App (including any Free Resources that you use) shall be limited to £500 (five hundred pounds). This means that if using the App causes you to suffer a loss that is foreseeable and is greater than £500 (five hundred pounds) in value, Our liability will not exceed £500 (five hundred pounds).
If you have an annual subscription, your subscription will automatically continue at the end of the annual Subscription Period, and you will be sent an email by Us to remind you to cancel your subscription, should you no longer want it.
If you have a monthly subscription, your subscription will automatically continue at the end of the monthly Subscription Period, and you will be sent an email by Us to remind you to cancel your subscription, should you no longer want it.
Our App must be as described, fit for purpose and of satisfactory quality:
- If the App is faulty, you're entitled to a repair or a replacement.
- If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
- If you can show the fault has damaged your device and We haven't used reasonable care and skill, you may be entitled to a repair or compensation.
If you are ending a contract for a reason set out in the list below the contract will end immediately and We will refund you in full for any part of the subscription which has not been provided and you may also be entitled to compensation. The reasons are:
- We have told you about an upcoming change to the product or these terms which you do not agree to;
- We have told you about an error in the price or description of the App and you do not wish to proceed;
- there is a risk that supply of the App may be significantly delayed because of events outside Our control;
- We have suspended access to the App for technical reasons, or notify you We are going to suspend them for technical reasons, in each case for a period of more than 5 (five) days; or
- you have a legal right to end the contract because of something We have done wrong.
It is your responsibility to export a copy of Your Content from the App at the end of your subscription (and We recommend that you do so on a regular basis to ensure that you do not lose Your Content). As set out in the section entitled How you can use Our App, Your Content will be accessible through the App for 5 (five) days from the end of your Subscription Period. Subject to Your Content complying with Our Acceptable use restrictions, We will also make a copy of Your Content available to you through the App for 5 (five) days after your contract is ended early. Where your contract is ended by Us because the content that you have uploaded to the App is inappropriate, We will not provide You with a 5 (five) day period in which to export your content.
To end your subscription because of a problem with the App, or to exercise your right to change your mind (see Your right to change your mind, please give Us more details, by contacting Us:
- Phone or email. Call customer services on (+44) 191 389 6638 or email Us at firstname.lastname@example.org. Please provide your first and last name and email address originally used to subscribe.
- By post. Simply write to Us at our registered address, quoting the email address that you originally used to subscribe.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 (fourteen) days of your telling Us you have changed your mind.
We may end the contract at any time by writing to you if:
- you do not make any payment to Us when it is due and you still do not make payment within 5 (five) days of Us reminding you that payment is due;
- you upload inappropriate content to the App or breach any of the other terms of the section entitled Acceptable use restrictions;
- you give access to the App to people who are not Authorised Users; and/or
- you fail to uphold any other material terms of our contract.
We may transfer Our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and We will ensure that the transfer will not affect your rights under the contract.
Each term in these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.
If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
If you are a business user, most of the terms and conditions set out above will to apply to Our contract. However, specific terms for business users of Our Apps are set out below, and where you are a business user and there is a conflict between a term set out above and a term set out in this section, the term set out in this section shall apply. Where there is no conflict, the following terms and conditions apply in addition to those set out above.
By purchasing Our App, We licence Our App to you for your internal business purposes only. You may not resell, rent, lease, sub-licence, loan, translate or otherwise distribute a licence to a third party, unless We have agreed that you may do so. You agree to ensure that all Authorised Users use the App in accordance with these Terms.
The quota of devices available to consumers (see the section entitled How you can use Our App) does not apply to business users. Schools or other organisations that require access for multiple users of the App can purchase access on up to 20 (twenty) devices through Our website. If you need to be able to access the App on a greater number of devices, you can contact us at email@example.com. The number of devices on which the App can be accessed will be set out in any purchase order and invoice, and on any documentation that We issue to you with the product key. You may purchase licences to allow access to additional users at any time, and may extend a subscription or discuss the start or renewal date with Us by visiting Our website, emailing Us at firstname.lastname@example.org or calling Us on (+44) 191 389 6638.
Where you require access for multiple users, We will provide product keys upon receipt of your purchase order (or based on an order for access for multiple users through our website, as applicable) and will notify you of the payment terms before accepting your order.
You may share access with only those people required to enable you to fulfil your internal business purposes (“Authorised Users”):
- For a school or other educational institution, that would be certain staff, pupils or students at the school or educational institution that has purchased the App (such access to be limited to the number of devices for which licences have been purchased).
- For healthcare professionals including counsellors, educational psychologists and others acting in the course of their work, one licence is required per professional, but the product key should not be shared with clients of the business or professional (as applicable).
- For charities and other organisations that wish to purchase multiple licences, it may distribute product keys to its service users who will be treated as consumers for the purposes of these Terms, and will be required to accept these terms before using the App (such access to be limited to the number of individual product keys specified on your purchase order).
You must not share access to the App with people who are not Authorised Users. If you do, We have the right to withdraw your access to the App or may choose to terminate our contract (see the section entitled Ending our contact and problems with the App).
Our liability to you is limited. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described on Our website meet your requirements.
We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your use of the App and any of the Services that We provide, for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss or corruption of data or information;
- loss of business opportunity, goodwill or reputation;
- where any of the losses set out in this list are direct or indirect; or
- any special, indirect or consequential loss, damage, charges or expenses.
Other than the losses set out in the list above (for which We are not liable), Our maximum aggregate liability under or in connection with your purchase and use of the App, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited £5,000 (five thousand pounds).
We accept no liability to any business (including a school or a charity) for damage caused by use of any Free Resources.
Nothing in these Terms shall limit or exclude Our liability for:
- death or personal injury resulting from Our negligence;
- fraud or fraudulent misrepresentation;
- any other liability that cannot be excluded or limited by English law.
While We agree that you may use the App and Services for your internal business purposes, you agree that the App and the Services are provided for general information and education purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although We make reasonable efforts to update the information provided by the App and the Service, We make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We may from time to time signpost users of the App to a third party organisation or a third party website where requested but take no responsibility for the suitability of such signposting, nor any services, advice, products or similar that are received from such organisation. We do not warrant the accuracy of any information contained on any third party website.
These Terms sets out the full extent of Our obligations and liabilities to your business in respect of the supply of the App to you. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on Us. Any condition, warranty, representation or other term concerning the supply of the App which might otherwise be implied into, or incorporated in, a contract between us, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
In the event of the App or Services being faulty or failing to work as described, your sole remedy is a replacement or refund, which shall be decided at Our sole discretion.
We may terminate our contract with your business immediately by written notice to you if you commit a material or persistent breach of these Terms which you fail to remedy (if remediable) within 14 (fourteen) days after the service of written notice requiring you to do so.
On termination for any reason:
- all rights granted to you under these Terms shall cease;
- you must immediately cease all activities authorised by these Terms; and
- you must immediately and permanently delete or remove the App from all devices or computer equipment on which the App is installed.
Where you have granted access to an Authorised User such as a pupil, student or service user, it is your responsibility to make them aware of the need to export their content (or to export such content on their behalf) at regular intervals to prevent any loss to such content, and at the end of your contract.
The licence that We grant to your business under these Terms when you purchase the App constitutes the entire agreement between us, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms, Our website and in any of Our marketing material.