Licence of FlashAcademy® app – terms and conditions

1. Who we are and this agreement

We are Learning Labs Limited, based at Regus Edmund House, 12-22 Newhall Street, Birmingham B3 3AS. These terms give you the right to use our FlashAcademy App, related features (as listed in the “FlashAcademy App Licence Details” of your order form), any updates or supplements, online documentation, and the connected services.

2. Privacy

We use personal data according to our privacy policy. We may anonymise data for research and improvement purposes. You are responsible for complying with data protection laws when using data from the App’s web portal.

Unless requested, you will lose access to personal data after contract termination. Ensure you maintain your own backups.

Both parties agree to follow the attached Data Processing Annex.

3. Apple or Google terms

If you access the App via Apple, Google Play, or a browser, their terms may override ours where they differ.

4. System requirements

See your onboarding pack for minimum device and software requirements. WiFi is needed to download content and access certain features. Your licence isn’t affected if your devices later become incompatible.

5. Support

For help, visit flashacademy.com. Contact us at support@flashacademy.com. We’ll contact you using the details you provide.

6. Licence duration

These terms start when you sign the set-up agreement and last for the period stated (minimum one year). Your licence renews automatically for the same period unless you cancel in writing at least 1 month before it ends.

7. Payment

You must pay the licence fee as stated. Payment is due immediately.

8. Using the app

You may, for the duration of your licence:

• Download or access the App via compatible devices, within the agreed number of users.
• Use related documentation.
• Receive updates and patches we provide.

9. Integration with your MIS

You can choose to connect your Management Information System (MIS) using our partner Wonde. This allows access to pupil and staff data (as outlined in our privacy policy) to improve the App and generate anonymised reports.

We will only use MIS data anonymously. Disconnecting your MIS may limit functionality.

10. Transfer

You may not transfer the App or its services to others. If a device with the App is sold, it must be removed first.

11. Changes to terms

We may update these terms due to law changes or new features. We’ll give at least 30 days’ notice via email or in-app alert.

If you don’t agree to the changes, you can keep using the App under current terms, but may not access new features.

12. Updates

We may update the App and services to improve performance or security. Not updating may limit your use. Major new features may require an additional fee.

13. Device ownership

If using the App on a device you don’t own, you must have permission. You’re still responsible for following these terms.

14. Technical data

We may collect technical data about your device and software to improve our products.

15. Licence restrictions

You and your users must not:

• Share or sublicense the App or Services.
• Copy or modify the App, except for basic use or security.
• Combine it with other programs unless needed for use.
• Reverse-engineer it, unless legally allowed.
• Break any applicable tech export laws.

16. Acceptable use

• You and your users must not:
• Use the App unlawfully or maliciously.
• Violate any IP rights.
• Post harmful or offensive content.
• Disrupt services or collect data improperly.

17. Intellectual property

All IP rights in the App, services, and documentation belong to us or our licensors. You only have the right to use them under these terms.

18. Liability

We are responsible for foreseeable losses caused by us, but not for indirect or unexpected losses.

We don’t exclude liability where it would be illegal (e.g., death, personal injury, fraud).

If our digital content damages your device, we will fix it or compensate you, unless you failed to follow our instructions or system requirements.

If you’re not a consumer, our total liability in any contract year is limited to the fees you paid during that year.

We don’t guarantee any outcomes from use of the App. Check our website to ensure the App meets your needs.

We are not responsible for delays caused by events beyond our control. If delays are severe, you may cancel and request a refund for unused services.

19. Ending your rights

We can end your rights if you break these terms seriously. If possible, we’ll let you fix the issue first.

If your rights end, you must stop using the App, delete it from all devices, and confirm it has been removed.

20. Transfer by us

We may transfer this agreement to another company. We will inform you if this happens.

21. Transfer by you

You can only transfer your rights under these terms with our written permission.

22. Third-party rights

No one else has any rights under this agreement.

23. If a part is invalid

If part of these terms is found to be invalid, the rest remain in effect.

24. Delay in enforcement

If we delay enforcing this agreement, we can still enforce it later.

25. Governing law

These terms are governed by English law. You can bring legal claims in England, or in Scotland or Northern Ireland if you live there.

Data processing matrix

Definitions

• Supplier = Us (Learning Labs Limited), the Data Processor
• Customer = You (the school), the Data Controller

Obligations

• Both parties will follow UK data protection laws.
• We will only process personal data under your written instructions unless legally required.
• We will protect data with appropriate security.
• Our staff must keep data confidential.
• We won’t transfer data outside the EEA without safeguards.
• We’ll help you comply with data subject requests and legal obligations.
• We’ll notify you of any data breaches.
• We’ll delete or return data on request when our agreement ends (unless the law requires us to keep it).
• We’ll provide information to show compliance and allow audits.

You agree we may appoint third-party processors, and we’ll remain responsible for them.

You must have the appropriate consents for us to process personal data on your behalf.

Either party can request changes to these terms to reflect new legal standards with 30 days’ notice. See our full Privacy Notice for Educators for details.