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Terms of service

Introduction
This Terms of Service (these “Terms”) governs your use of the Tyfu application, and represent an agreement between you and Cradle Care Software Ltd(Tyfu). 
Our Privacy Policy and Copyright & Intellectual Property Policy are incorporated into these Terms. 
By using the Services, you agree to be bound by these Terms. If you don’t agree with these Terms, you cannot use the Services.
You can contact us anytime with questions about this policy at support@tyfu.wales. 

Changes to these terms
We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App, and/or may also send other communications. It is important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore, and we will refund your subscription in full. 

Privacy
Tyfu takes protecting your security and privacy seriously and we've put a number of measures in place to protect the integrity of your information. For more information, see our Privacy Policy. 

Adding learners, classes and teachers
Learners/classes are added to the system by importing a csv file containing the information required. Teacher accounts can then be created and linked to classes.
When you upload learner information you agree that:
Any learners you add are current learners at your school
Any teachers you add to Tyfu are authorized by your school to access Learner Data.
You will use Tyfu only for lawful purposes and you will abide by applicable laws and school policies.
You will take reasonable steps to confirm that students are using it appropriately.
You will take reasonable measures to protect access to Student Data accessible through the Services.
You will only invite parents or guardians to view student journals and upload their contact information only with their prior consent.

Parent/guardian accounts
Teachers can give access to parents/guardians to view information in their child’s learning journal, and contribute to it. By using the Services, you agree that you are the parent or legal guardian of the student and are permitted to have contact with the student. You also consent to receive push notifications relating to your child’s learning journal, as determined by your child’s school.

Third-party service providers
Tyfu may allow you to access third-party websites or other resources, for example when a teacher includes a link to a Bitesize activity. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources. 

Prohibited activities
You agree not to do any of the following:
Post, upload, publish, submit or transmit any User Content that:
infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; 
violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; 
is fraudulent, false, misleading, or deceptive; 
is defamatory, obscene, pornographic, vulgar, or offensive; 
contains special category data as defined by the Data Protection Act 2018;
promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; 
is violent or threatening or promotes violence or actions that are threatening to any person or entity; 
promotes illegal or harmful activities or substances; or
is inappropriate for the classroom or violates applicable school or school district policies;
Jeopardize the security of your account in any way, for example by allowing someone else access to your account or password;
Access, tamper with, or use non-public areas of the Services, Tyfu’s computer systems, or the technical delivery systems of Tyfu’s providers; 
Attempt to probe, scan or test the vulnerability of any Tyfu system or network or breach any security or authentication measures; 
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tyfu or any of Tyfu’s providers or any other third party (including another user) to protect the Services; 
Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Tyfu or other generally available third-party web browsers; 
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation; 
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; 
Impersonate or misrepresent your affiliation with any person or entity;  
Violate any applicable law or regulation;

We are not obliged to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obliged, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. To report violations of these policies, contact help@tyfu.wales. 

Subscriptions
Tyfu is a school subscription service, with a minimum non-refundable 12 month contract period. If you (a school) purchase a subscription, payment is due within 14 days of invoice issue. Subscriptions are rolling, and will automatically renew unless cancelled by either party before the renewal date. Active subscriptions cannot be cancelled.

Limitation of Liability
Save as expressly provided in this Agreement there are no other conditions, non-fraudulent warranties or representations (express or implied) with respect to the Services and/or Content and any warranty or representation implied by law are expressly excluded to the maximum extent permitted by law. Customer expressly affirms that it is not relying on any non-fraudulent warranty, condition or representation not contained or referenced in the Agreement.

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