CURRICULUM LIMITED - TERMS OF USE

1. These terms of use

1. What these terms of use cover. These are the terms on which we make our online learning services (Services) and any associated online materials and documentation (Materials) available to you.
2. Who should read these terms. You must be 16 years of age to accept these Terms. If you are under the age of 16, your parent or guardian should read these Terms and agree to them on your behalf. We advise parents and guardians who permit their children to use online services to communicate with their children about their safety online. If you are 16 years or over, we recommend that your parent or guardian reads these terms as well, especially if they will be paying for the Services on your behalf.
3. Why you should read these terms. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide our Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

4. Who we are. We are Curriculum Limited, a company registered in England and Wales. Our company registration number is 12190456 and our registered office is at The Cleeves The Fooks, Horsley, Stroud, United Kingdom, GL6 0PA. Our registered VAT number is 344223036.

5. How to contact us. You can contact us by emailing us at contact@instanttutor.app or by writing to us at the above postal address.

6. How we may contact you. If we have to contact you we will do so by telephone or by writing to you using the contact details you provided to us when submitting your order.

7. "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

3. Our contract with you

8. How we will accept your order. After you have submitted your order, a contract will come into existence between you and us.

9. If we cannot accept your order. If we are unable to accept your order for any reason, we will inform you by email and we will not make any charge (if any payment has been taken it will be refunded in accordance with paragraph 9.2).

10. Your student ID. When we accept your order we will assign a student ID number to you for administrative reasons.

4. Your rights to make changes

        If you wish to make a change to your subscription, please do so under SETTINGS, that can be found within your app menu. We will let you know if the change is possible. If it is possible, the app will let you know about any changes to the price or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If the app cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see  8).

5. Our rights to make changes

11. Minor changes. We may change the Services to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Services.
12. More significant changes to the Services and these terms. It is unlikely that we will make any more significant changes to the Services during any academic year but if we do so, we will notify you and you may then contact us to end the contract as described in paragraph 8.4.

6. How we provide the Services

13. When we will provide the Services. We will supply the Services beginning the date of subscription, for which you will be billed monthly in advance on a rolling monthly basis, if you upgrade to our “Premium” subscription plan. When you sign up, you will be automatically subscribed to our free plan which will allow you to ask up to 10 questions per month. Once you reach your limit of 10 questions in any given month, you will be prompted to upgrade to our Premium service which provides unlimited searches for a flat monthly fee of ВЈ6.99.

14. We are not responsible for any service interruptions outside our control. This includes down time by OpenAI and any other Large Language models that we use to provide responses to your questions.

15. Reasons we may suspend the Services to you. We may have to suspend the Services to deal with technical problems or make minor technical changes, or to make updates to reflect changes in relevant laws and regulatory requirements. We will keep the period of suspension to a minimum and we will let you know in advance unless the problem is urgent or an emergency.
16. We may also suspend the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see paragraph 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the Services and we will not charge you for the Services during the period they are suspended. As well as suspending the Services we can also charge you interest on your overdue payments (see paragraph 12.5).

7. Services and the Materials

1. About the Services. The application displays and stores responses to your questions. Please ask education related questions. The application will answer many questions beyond education, but it could harm your user experience if you do not keep the questions inline with the desired educational subject matter. The Services are for students of all ages. They are not designed to support students with clinical learning difficulties. Students with an English proficiency level less than IELTS 6 or equivalent will not be able to experience the full benefit of the Services. The Services are designed to play a supplementary role alongside a good formal education, they do not replace your school.
2. Service Limitations. The response and materials provided to your questions are generated by a 3rd party provider called Open Ai. We use their Chart GPT service to respond to your questions. It is your responsibility to be aware of the limitations of the service. We highlight some of the key limitations under LIMITATIONS, which can be found under your menu on the app.  
3. You will let us know what grade(s) you achieve and which university you attend. We want to hear about your success, so please contact us at contact@instanttutor.app soon as your university place has been confirmed.
4. You may use the Services and the Materials on the basis of these terms. We grant you a non-exclusive, non-transferable right to use the Services and the Materials from the date we accept your order until the date the contract ends in accordance with these terms. We do not sell the Services or the Materials to you. We or our 3rd party partners shall at all times retain ownership of the Services and the Materials.
5. You agree that you will:

1. not allow your user subscription to be used by anyone other than you unless we agree in accordance with paragraph 16.3;
2. not access, store, distribute or transmit during the programme of your use of the Services any computer virus; and
3. not access, store, distribute or transmit during the programme of your use of the Services any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or is otherwise illegal or causes damage or injury to any person or property.    

6. You agree that, except as expressly permitted in these terms or by law, you will not:

1. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services and/or the Materials in any form or media or by any means not allowed by these terms;
2. attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services;
3. access all or any part of the Services and Materials to build a product or service which competes with the Services and/or the Materials;
4. use the Services and/or the Materials to provide services to third parties;
5. assign or transfer the Services and/or the Materials to any third party unless we agree in accordance with paragraph 16.3;
6. sub-license, sell, rent, lease, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services and/or the Materials available to any third party;
7. attempt to obtain, or assist third parties in obtaining, access to the Services and/or the Materials, except as allowed under this paragraph;
8. introduce any virus or vulnerability into our network and information systems; and
9. use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or the Materials and, in the event of any such unauthorised access or use, promptly notify us.

8. Your rights to end the contract

1. You may end the contract at any given time by downgrading your “Premium” subscription to “Free” under SETTINGS. Once downgraded you can also delete the app from your phone. You are responsible for downgrading your subscription to Free before deleting the app.

9. NA

10. Our rights to end the contract

2. We may end the contract if you break it. We may end the contract at any time if:

1. You do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due.

3. No further payments or refunds. If we end the contract in any of the situations set out in  10.1 we will not take any further payments from you, but we will not refund any payments you have already made.
4. NA

11. If there is a problem with the Services

5. We take reasonable care over the Services. We cannot guarantee that there will be no factual, grammatical, spelling or typographical errors, nor can we guarantee the availability of Services or the Materials or that they will be free from errors, viruses or bugs. However, we will use reasonable endeavours to correct any such problems as soon as they are identified.  
6. How to tell us about problems. If you have any questions or complaints, please let us know by contacting us using one of the methods described in paragraph 2.2.

7. Summary of your legal rights. We are under a legal duty to supply the Services in conformity with the contract and these terms. See the box below for a summary of your key legal rights in relation to the Services and the Materials. Nothing in these terms will affect your legal rights.

12. Price and payment

8. Where to find the price for the Services. The price is displayed under SETTINGS, within your app. 

9. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services, we will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.
10. NA

11. When you must pay and how you must pay. We accept payment by all major debit and credit cards.

1. Service is a rolling contract, which means, if you wish to end your subscription to our service, you are responsible for cancelling before the end of the billing period (monthly from date of signing), or the contract will automatically renew for another month.
2. Payment is taken on the day the order is placed.

13. Our responsibility for loss or damage suffered by you

12. We are responsible to you for foreseeable loss and damage caused by us. 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 the contract 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 the contract was made, both we and you knew it might happen.

13. 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised as in the box in paragraph 11.

14. We do not guarantee your exam grades. We supply the Services using reasonable care and skill but we cannot guarantee your exam grades and we are not responsible for any loss or damage you suffer as a result of not achieving your desired grades. We can also not be responsible for any incorrect answers you may make in your exams due to responses provided by Open Ai via our service. Open Ai is a 3rd party provider and we have no control of their applications responses to your questions.
15. We are not liable for business losses. We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. Our intellectual property rights. All intellectual property rights in the Services and the Materials throughout the world belong to us (or our licensors) and you have no intellectual property rights in, or to, the Services and the Materials other than the right to use them in accordance with these terms.
15. How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

16. Other important terms

16. Third party links. Our website at www.curriculum.com may include links to third-party websites, plug-ins and applications, including but not limited to www.sharpennotes.com. These third-party websites are not under our control and we are not responsible for and have not checked or approved their content or privacy statements. When you leave our website, we encourage you to read the terms of use and privacy policy of every website you visit.

If a third party website is not functioning as it should, we will take reasonable effort to secure a replacement service.

17. We may transfer the contract to someone else. 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.

18. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

19. Nobody else has any rights under the contract. The contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

20. If a court finds part of the contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

21. Even if we delay in enforcing the contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking the contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
22. Which laws apply to the contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts. 
23. Alternative dispute resolution. This is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may institute this process and if you are not satisfied with the outcome you can still bring legal proceedings.