Terms and Conditions

These terms are the agreement between Apps4Education Limited, company number 12614353, registered office 124 City Road, London, EC1V 2NX, and the school that subscribes to Profion.

The agreement is accepted when someone authorised to commit the school signs an Order, or when the school first uses the Platform, whichever happens first.

This is a business-to-business contract with the school. It does not create a contract with individual members of staff, with Learners or with parents, and consumer cancellation rights do not apply to it.

Where the school has signed an Order and the Order says something different from these terms, the Order governs on that point only.

The following terms have the meanings given below wherever they appear capitalised in this agreement.

We grant the School a non-exclusive, non-transferable and non-sublicensable right to use the Platform for the Subscription Term, for its own teaching, revision and internal assessment.

The licence covers Authorised Users and Learners at the School named in the Order, and no one else. Accounts are for named individuals and must not be shared.

The School must not do any of the following, and must not permit an Authorised User or anyone else to do them.

Anything in the list above is a material breach of this agreement, and we may suspend access under clause 11 while we look into it.

A free trial gives full access to the Platform for the period we agree in writing, normally one half term, so that a department can test it properly rather than watch a demonstration.

We do not ask for payment details to start a trial, and there is nothing to cancel.

A trial does not convert into a paid subscription automatically. A paid subscription starts only when an authorised person at the School signs an Order.

If the School does not subscribe, we delete the data created during the trial 30 days after the trial ends. Tell us before then if you want to export it.

Fees are those set out in the Order, or in the quotation the School accepted, and no other charges apply during the Subscription Term.

Fees are charged per department or per school for each academic year, and are exclusive of VAT, which is added at the rate in force.

We invoice annually in advance, and payment is due within 30 days of the invoice date, by bank transfer, against a school purchase order where the School uses one.

We may change our prices, but a change applies only from the next renewal and we will give the School at least 60 days' written notice before the renewal date.

The School is responsible for the following, and the service depends on them.

We are not responsible for a mock disrupted by the School's own network, devices or supervision, and clause 9 explains what we do and do not commit to on availability.

Profion Content is originally authored practice material. It is written by experienced subject specialists to mirror the style, structure and demand of live assessments, and it is not copied from any past paper or mark scheme.

Profion Content, and all intellectual property in the Platform, belongs to Apps4Education Limited or its licensors. The School receives the licence in clause 3 and nothing more.

The School must not upload copyright material that it does not own or hold a licence for. That specifically includes scanned, photographed, retyped or reworded past papers, mark schemes, examiner reports and textbook extracts.

If we are told that material on the Platform infringes copyright, we will remove or hide it promptly while the position is checked, and we will tell the School that uploaded it.

School Content remains the School's. The School grants us a non-exclusive licence to host, copy, display and process School Content only as far as needed to deliver the service to that School, and for no other purpose.

Profion is an independent product of Apps4Education Limited. It is not affiliated with, endorsed by, approved by, accredited by or otherwise connected to WJEC, Eduqas, Qualifications Wales, BTL Group or Surpass.

The names WJEC, Eduqas, Qualifications Wales and Surpass, and any related marks, belong to their respective owners. We use them only to describe which specifications our material is written for, and the style of on-screen assessment that Learners are practising.

Where the Platform refers to a specification, a question style or an assessment format, that is a description of what is being practised. It is not a statement that the awarding body has reviewed, approved or supplied anything on the Platform.

We aim to keep the Platform available throughout the school day and we monitor it during term time. We do not offer or imply a guaranteed level of availability.

Planned maintenance is scheduled outside 08:00 to 17:00 UK time on term-time weekdays wherever that is practical, and we give notice of it by email to school administrators.

The Platform may be unavailable for reasons outside our control, including failures at our hosting provider, at Cloudflare, on the School's own network, or at an identity provider the School has chosen.

The School must not rely on the Platform for anything that carries an external deadline, and should keep a workable fallback for a mock that has to run on a fixed date.

Each party will comply with the UK GDPR and the Data Protection Act 2018 in what it does under this agreement.

The School is the controller for Learner data and assessment results, and we are the processor for that data, acting only on the School's documented instructions. We are the controller for Authorised User account data, enquiry data and billing records.

Our Privacy Policy explains how we handle personal data. Our Article 28 processing agreement, available from hello@profion.co.uk, governs our processing of Learner data and takes precedence over this clause where the two differ.

The subscription runs for the Subscription Term set out in the Order and then renews for successive periods of the same length, unless either party gives notice not to renew.

Notice not to renew must be in writing and must reach the other party at least 30 days before the end of the current Subscription Term.

Either party may terminate for material breach if the other party has not put the breach right within 30 days of a written request to do so.

We may suspend access immediately, without ending the agreement, where there is security abuse, an attempt to bypass the licence restrictions, or non-payment more than 14 days after a written reminder.

On termination or expiry the School has 30 days to export its data through the Platform, and we delete School Content and Learner data within 90 days of the end date, unless the law requires us to keep something for longer.

We warrant that we will provide the Platform with reasonable skill and care. We give no other warranty, and in particular we do not warrant that the Platform will be free of faults or that any particular result will follow from using it.

Our total liability to the School for all claims arising in any 12 month period is limited to the fees the School paid in the 12 months before the first claim arose.

We are not liable for indirect or consequential loss, or for loss of profit, loss of anticipated savings, loss of reputation, or loss of data to the extent the School could reasonably have avoided it by exporting or keeping its own copy.

Nothing in this agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.

We may change these terms. We will give the School at least 30 days' written notice of a change that affects it, and the change takes effect at the start of the next renewal unless the School agrees otherwise.

This agreement does not give rights to anyone who is not a party to it, and the Contracts (Rights of Third Parties) Act 1999 does not apply to it.

The School may not assign or transfer this agreement without our written consent, which we will not withhold unreasonably where a school changes trust or local authority. We may assign it to a company that takes over the Profion business, on notice.

Neither party is liable for failing to perform because of an event outside its reasonable control, including power or network failure, industrial action, fire, flood or the act of a public authority, for as long as the event lasts.

If a provision of this agreement is found to be unenforceable, the rest of it continues to apply, and that provision is treated as modified to the least extent needed to make it enforceable.

This agreement, together with the Order and the processing agreement, is the entire agreement between the parties on its subject and replaces any earlier statement or proposal, except that nothing in this clause limits liability for fraud.

Notices under this agreement may be given by email, to hello@profion.co.uk for us and to the school address held on the account for the School, and are treated as received on the next working day.

This agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute about it.

For questions, complaints, notices and requests under this agreement, email hello@profion.co.uk. We aim to answer within two working days during term time.

Our postal address for formal notices is Apps4Education Limited, 124 City Road, London, EC1V 2NX. Email reaches us faster.