Terms of Service

This summary is not legally binding — the full terms below are what count.

You use our products. We provide them. You pay if you're on a paid plan. You own your data. We handle it responsibly and in line with our Privacy Policy. If something goes wrong, our liability is limited as set out in Section 9 below. These terms explain everything properly.

These terms are between you and Kickstone Learning Ltd, a company registered in England and Wales (company number 17039595), with registered office at Bartle House, 9 Oxford Court, Manchester, England, M2 3WQ.

When we say “Kickstone”, “we”, “us”, or “our”, we mean Kickstone Learning Ltd. When we say “you” or “your”, we mean the person or organisation using our products.

Our products include: KS Fluency, KS DISCOVER, KS Moder8, KS SEND, KS Web Design, KS Decisions, and any other products we make available through kickstone.uk.

If you are an individual teacher purchasing a subscription for your own use (not on behalf of a school or organisation), you are a consumer customer. The Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to your purchase, and nothing in these terms affects your statutory rights.

If you are a school, multi-academy trust, or other organisation, you are a business customer. The business-specific provisions in these terms apply to you.

Where any provision of these terms conflicts with your statutory rights as a consumer, your statutory rights prevail.

Accounts

Some products require an account. You are responsible for:

• Keeping your login details secure
• Everything that happens under your account
• Telling us promptly if you think someone else has accessed your account

Schools and organisations

If you are entering into these terms on behalf of a school, multi-academy trust, or other organisation, you confirm that you have the authority to bind that organisation to these terms. The organisation (not you personally) is responsible for obligations under these terms, including payment.

We offer separate agreements for schools and multi-academy trusts where required. Contact david@kickstone.uk to discuss your procurement requirements.

Acceptable use

You agree not to:

• Use our products for anything unlawful
• Attempt to access other users' data
• Reverse-engineer, copy, or redistribute our products
• Use our products in a way that could damage, overload, or impair them
• Upload content that is harmful, offensive, or infringes someone else's rights

We may suspend or terminate your account if you breach these terms (see Section 10 — Termination).

Book page uploads (KS DISCOVER)

KS DISCOVER allows you to photograph pages from your class novel for text extraction (OCR). By uploading book page images, you confirm that:

• You have lawful access to the book (for example, a physical copy purchased by you or your school)
• The upload is for the purpose of generating teaching resources within DISCOVER
• You will not upload content that you do not have the right to use

How we handle uploaded images:

• Book page images are processed for text extraction only
• Images are deleted immediately after text extraction — we do not store copies of your book page photographs
• The extracted text is used as context for AI-generated lesson content (see Section 7)
• Extracted text is not reproduced verbatim in generated outputs

We rely on your existing rights under the Copyright, Designs and Patents Act 1988 (section 32 — illustration for instruction) and, where applicable, your school's Copyright Licensing Agency (CLA) Education Licence. You are responsible for ensuring your use of copyrighted material complies with these provisions.

Free access

Some products or features are available for free (for example, free worksheet downloads on KS Fluency). Free access may be limited in quantity or features and may change at any time.

Paid subscriptions

Paid plans are billed monthly or annually as stated at the point of purchase.

• Billing: Payments are processed securely by Stripe. We do not store your card details.
• Renewal: Subscriptions renew automatically at the end of each billing period unless you cancel.
• Price changes: We will give you at least 30 days' notice before any price increase. The new price takes effect at your next renewal.
• Cancellation: You can cancel at any time. Your access continues until the end of the current billing period. We do not offer refunds for partial periods on voluntary cancellations.

Consumer customers — your cancellation rights

If you are an individual teacher purchasing a subscription for your own use, you have a right to cancel within 14 days of purchase for a full refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. To cancel within this period, email david@kickstone.uk. After the 14-day cooling-off period, you may cancel at any time and your access will continue until the end of your current billing period.

Our “no refunds for partial periods” policy applies to voluntary cancellations after the cooling-off period. It does not affect your right to a remedy if our service is faulty or not as described.

School and organisation subscriptions

If your school or organisation has purchased a subscription on your behalf, your access is governed by the agreement between us and your school. If that subscription ends, your access ends with it.

You own your data

Any content you create, upload, or input into our products remains yours. We do not claim ownership of your data.

Our use of your data

We use your data only to provide and improve our products, as described in our Privacy Policy. We do not sell your data.

Products that do not process pupil data

Some products — including KS Fluency and KS DISCOVER — do not collect or store any pupil personal data. KS DISCOVER tracks assessment scores and curriculum domain coverage at class level only. No pupil names, identifiers, or individual-level data is processed. A Data Processing Agreement is not required for these products.

Pupil data

Where our products process pupil data (such as KS Moder8 and KS SEND), we act as a data processor on behalf of the school (the data controller). This is governed by a separate Data Processing Agreement between us and the school, in accordance with UK GDPR Article 28 and the Data Protection Act 2018.

Schools' responsibilities for pupil data

Where a school provides pupil data to us for processing, the school warrants that it has the necessary lawful basis and authority to share that data with us, including any required consent or legal basis for special category data. The school agrees to indemnify us against any claim, loss, or regulatory action arising from the school's failure to have an appropriate lawful basis for sharing pupil data.

Export and deletion

You can request an export of your data or ask us to delete your account and associated data by emailing david@kickstone.uk. We will action deletion requests within 30 days, subject to any legal obligations to retain certain records.

Our products

Kickstone Learning Ltd owns all intellectual property in our products — including software, design, content, logos, and brand elements. These terms give you a licence to use the products, not ownership of them.

Generated content

Content generated by our products (including worksheets, lesson plans, IEP documents, assessment reports, and website content) is licensed to you as follows:

• Licence type: A non-exclusive, non-transferable, royalty-free licence to use, copy, print, and distribute the generated content for educational purposes within your school or educational practice.
• Duration: The licence to use content you have already generated continues after your subscription ends. You do not lose the right to use worksheets or plans you generated while your subscription was active.
• Restrictions: You may not (a) resell generated content, (b) redistribute generated content on third-party platforms for commercial purposes (for example, uploading worksheets for sale on TES, Twinkl, or similar marketplaces), (c) use generated content to create a competing product, or (d) remove or obscure Kickstone branding from generated outputs where branding is included.
• No exclusivity: We may generate similar or identical content for other users. The content is generated algorithmically and you do not acquire exclusive rights to any particular output.

Some of our products use artificial intelligence (Anthropic Claude) to generate content, suggestions, or assessments. You acknowledge that:

For all customers: We will provide our products with reasonable care and skill.

For business customers: Except as expressly stated in these terms, all warranties, conditions, and representations (whether express or implied, statutory or otherwise) are excluded to the maximum extent permitted by law, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

For consumer customers: Your statutory rights under the Consumer Rights Act 2015 are not affected. If our service does not meet the standards described in these terms, you may be entitled to a repeat performance, a price reduction, or (in some circumstances) to end the contract. For more information on your statutory rights, visit citizensadvice.org.uk.

What we are liable for

We do not exclude or limit our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded under English law

Business customers — limitation of liability

To the maximum extent permitted by law:

• For claims arising from a breach of data protection law: Our total liability is limited to the greater of the amount you have paid us in the 12 months before the claim arose, or £100,000.
• For all other claims: Our total aggregate liability is limited to the greater of the amount you have paid us in the 12 months before the claim arose, or £1,000.
• We are not liable for any indirect, incidental, special, or consequential losses, including loss of revenue, data, or reputation.
• We are not liable for any loss arising from your reliance on AI-generated content without appropriate professional review (see Section 7).

Consumer customers — limitation of liability

If you are a consumer, we are responsible for losses you suffer that are a foreseeable result of our breach of these terms or our failure to use reasonable care and skill (Consumer Rights Act 2015, section 49). We do not limit our liability for losses that are foreseeable consequences of our breach.

However, we are not responsible for losses that are not foreseeable, and we are not responsible for any business losses (as you are not using the product for business purposes).

Our total liability to you for all other claims shall not exceed the greater of the amount you have paid us in the 12 months before the claim arose, or £100. This does not affect your statutory rights.

Your liability to us

If you breach these terms and it causes us loss (for example, by misusing our products or infringing our intellectual property), you agree to compensate us for that loss.

By you

You can cancel your subscription at any time through your account settings or by emailing david@kickstone.uk. Your access continues until the end of the current billing period.

By us for breach

If you materially breach these terms, we will notify you and give you 14 days to remedy the breach. If the breach is not remedied, we may suspend or terminate your account. We may suspend access immediately (without a remedy period) if the breach poses an immediate risk to security, other users, or our systems.

Discontinuation of a product

If we decide to discontinue a product, we will give you at least 90 days' notice and (for paid subscriptions) a pro-rata refund for any prepaid period after the discontinuation date.

Effect of termination

When your subscription ends (for any reason):

• Your right to access the product ends
• We will make your data available for export for 90 days after termination
• After that 90-day period, we will delete your data in accordance with our Privacy Policy
• Where we hold pupil data as processor, we will delete it in accordance with the school's instructions and our Data Processing Agreement
• Sections 5, 6, 7, 9, and 11 survive termination

• Governing law: These terms are governed by the laws of England and Wales.
• Jurisdiction: Any disputes will be resolved in the courts of England and Wales.
• Entire agreement: These terms, together with our Privacy Policy and any Data Processing Agreement, constitute the entire agreement between us.
• Severability: If any part of these terms is found to be unenforceable, the rest remains in effect.
• No waiver: If we do not enforce a right under these terms, it does not mean we waive that right.
• Assignment: We may assign these terms to another company (for example, if we are acquired). You may not assign your rights under these terms without our written consent.
• Third-party rights: No one other than a party to these terms has any right to enforce any of these terms under the Contracts (Rights of Third Parties) Act 1999.
• Force majeure: We are not liable for any failure or delay in performing our obligations where that failure or delay results from circumstances beyond our reasonable control, including internet or telecommunications failures, utility outages, third-party service provider failures, cyberattacks, government actions, pandemic, or natural disaster. If a force majeure event continues for more than 30 consecutive days, either party may terminate the affected subscription on written notice, and we will refund any prepaid fees for the period of non-service.
• Disputes: If a dispute arises, we encourage you to contact us first at david@kickstone.uk and we will try to resolve it informally within 30 days before either party pursues formal resolution.

Availability

We aim to keep our products available and working well, but we do not guarantee uninterrupted access. We may need to take products offline for maintenance, updates, or to fix issues. We will try to give advance notice where possible.

Support

Support is available by email at david@kickstone.uk. We aim to respond within 2 working days.

• Kickstone Learning Ltd
• david@kickstone.uk
• kickstone.uk
• Company number: 17039595
• ICO registration: C1880892