Terms of Service

These Terms of Service govern your use of Waveform, an AI-powered marking platform provided by FutureDL Limited (Company Number: 14534210), a company registered in England and Wales with its registered office at Windmill Green, 24 Mount Street, Manchester, England, M2 3NX.

1.1 Agreement to Terms

By accessing or using Waveform, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our services.

1.2 Changes to Terms

We may modify these terms from time to time. We will notify users of material changes at least 30 days before they take effect. Continued use of Waveform after changes take effect constitutes acceptance of the modified terms.

1.3 Additional Terms

Certain features or services may be subject to additional terms and conditions. Where additional terms apply, we will make them available to you and they will become part of your agreement with us.

2.1 Overview

Waveform is an educational technology platform that provides AI-powered marking and assessment services for UK secondary schools. Our services include: assignment creation and distribution, student work submission and processing, automated marking with teacher review, personalised feedback generation, class performance analytics, and AI-powered insights and recommendations.

2.2 Target Users

Waveform is designed specifically for UK secondary schools teaching GCSE-level students. Our services are intended for use by teachers, school administrators, and students under school supervision.

2.3 Free Service

Waveform is provided free of charge to UK schools. We do not currently offer paid tiers or premium features. This free service model may change in the future, but existing users will receive advance notice of any changes.

2.4 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. We may temporarily suspend access for maintenance, updates, or due to circumstances beyond our control. We will provide advance notice of planned maintenance where reasonably possible.

3.1 Eligible Users

To use Waveform, you must be: a UK secondary school or educational institution, a teacher or administrator employed by such an institution, or a student enrolled in such an institution with appropriate school and parental consent.

3.2 School Accounts

Schools must register through an authorised administrator who has authority to bind the school to these terms. The registering administrator is responsible for managing user access and ensuring compliance with these terms.

3.3 Teacher Accounts

Teachers must be verified employees of a registered school. Teachers are responsible for: maintaining account security, using the platform in accordance with school policies, obtaining appropriate consents before adding students, and ensuring appropriate use by students under their supervision.

3.4 Student Accounts

Students under 16 require both school and parental consent to use Waveform. Schools are responsible for obtaining and maintaining appropriate consent documentation. Students may only access assignments and data within their own classes.

3.5 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use or security breach.

4.1 Permitted Uses

You may use Waveform solely for legitimate educational purposes in accordance with these terms and applicable laws. This includes creating and marking assignments, providing educational feedback to students, and accessing class performance analytics.

4.2 Prohibited Uses

You must not: use the platform for any unlawful purpose or in violation of any laws or regulations, attempt to gain unauthorised access to any part of the platform or other users' accounts, interfere with or disrupt the platform's operation or servers, use automated systems to access the platform without our express written permission, transmit viruses, malware, or any other malicious code, harass, abuse, or harm other users, impersonate any person or entity, or collect or store personal data about other users without authorisation, use the platform in any way that could damage our reputation or that of other users, attempt to reverse engineer, decompile, or discover the source code of the platform, or remove or modify any proprietary notices or labels.

4.3 Content Standards

All content submitted through the platform must: be accurate and not misleading, comply with applicable laws and regulations, respect the intellectual property rights of others, be appropriate for an educational environment, and not contain material that is defamatory, obscene, offensive, or discriminatory.

4.4 Consequences of Violation

We reserve the right to investigate violations of these terms and take appropriate action, including: issuing warnings, suspending or terminating accounts, removing content, reporting violations to appropriate authorities, and pursuing legal action where necessary.

5.1 Our Intellectual Property

Waveform, including all software, text, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, the 'Platform Content'), is owned by FutureDL Limited and is protected by copyright, trademark, and other intellectual property laws.

5.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the platform for its intended educational purposes in accordance with these terms. This licence does not include any rights to: modify, reproduce, or distribute the platform or platform content, use the platform content for commercial purposes outside of your educational use, create derivative works based on the platform, or access or use the platform's source code.

5.3 User Content

You retain ownership of content you submit to the platform, including assignments, student work, and feedback. By submitting content, you grant us a non-exclusive, worldwide, royalty-free licence to use, store, process, and transmit such content solely to provide our services.

5.4 Student Work

Student work remains the intellectual property of the student. Schools and teachers receive a licence to use student work solely for educational assessment and feedback purposes. We do not claim ownership of student work and use it only to provide marking and feedback services.

5.5 Feedback

If you provide feedback, suggestions, or ideas about Waveform, you grant us an unrestricted, perpetual licence to use such feedback to improve our services without any obligation to you.

6.1 Privacy Policy

Our collection, use, and protection of personal data is governed by our Privacy Policy, which forms part of these terms. By using Waveform, you consent to our data practices as described in the Privacy Policy.

6.2 UK Data Protection

We comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. All personal data is stored and processed exclusively within the United Kingdom.

6.3 School Responsibilities

Schools are responsible for: acting as data controller for student and teacher data, obtaining necessary consents from parents and students, ensuring they have a lawful basis for sharing data with Waveform, maintaining appropriate data processing agreements, and complying with their own obligations under UK GDPR and DPA 2018.

6.4 Data Security

We implement appropriate technical and organisational measures to protect personal data. However, no system is completely secure, and we cannot guarantee absolute security. Users must also take appropriate measures to protect their account credentials and data.

7.1 Service Provided 'As Is'

Waveform is provided on an 'as is' and 'as available' basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.2 AI Accuracy

Our AI marking system is designed to assist teachers but is not infallible. We do not guarantee that AI-generated marks or feedback will be completely accurate or appropriate. Teachers must review all AI suggestions before publishing them to students.

7.3 Educational Outcomes

We do not guarantee that use of Waveform will result in improved educational outcomes, higher grades, or any specific results. Educational success depends on many factors beyond our control.

7.4 No Professional Advice

Waveform provides educational technology tools and should not be construed as providing professional educational advice, psychological advice, or any other professional services.

7.5 Third-Party Content

We may provide links to third-party websites or services for your convenience. We are not responsible for the content, accuracy, or practices of third-party sites and do not endorse them.

8.1 Exclusion of Certain Damages

To the fullest extent permitted by law, FutureDL Limited shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or use, whether arising from contract, tort, or otherwise, even if we have been advised of the possibility of such damages.

8.2 Maximum Liability

Our total liability to you for all claims arising from or related to the use of Waveform shall not exceed £100 or the amount paid by you to us in the 12 months preceding the claim, whichever is greater. As our service is currently free, this effectively caps our liability at £100.

8.3 Exceptions

Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, breach of statutory rights conferred on consumers, or any other liability that cannot be excluded or limited under applicable law.

8.4 Basis of Bargain

The limitations in this section reflect an allocation of risk between the parties. The limitations will apply even if any limited remedy fails of its essential purpose. These limitations reflect the free nature of the service.

You agree to indemnify, defend, and hold harmless FutureDL Limited, its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from: your use or misuse of Waveform, your violation of these terms, your violation of any rights of another party, including intellectual property rights, any content you submit to the platform, or your violation of any applicable laws or regulations.

We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence of such claims.

10.1 Termination by You

You may terminate your use of Waveform at any time by: ceasing to use the platform, requesting account closure through your account settings, or contacting us at hello@waveform.co.uk to request deletion.

10.2 Termination by Us

We may suspend or terminate your access to Waveform immediately and without notice if: you breach these terms or our policies, we reasonably believe your account has been compromised, we are required to do so by law, your use poses a security risk or risk to other users, or your account has been inactive for an extended period.

10.3 Effect of Termination

Upon termination: your right to access and use Waveform will immediately cease, we will delete your personal data in accordance with our Privacy Policy and data retention procedures, any provisions of these terms that by their nature should survive termination will remain in effect, and we will not be liable to you or any third party for termination of your access.

10.4 Data Retrieval

Before terminating your account, you should export any data you wish to retain. After termination, we are not obligated to maintain or provide you with any of your data, except as required by law or our Privacy Policy.

11.1 Governing Law

These terms and any disputes arising from them shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

11.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising from these terms or your use of Waveform.

11.3 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at hello@waveform.co.uk to attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes amicably.

11.4 Consumer Rights

Nothing in these terms affects your statutory rights as a consumer under UK law. If you are a consumer, you may have additional rights under consumer protection legislation.

12.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any additional terms, constitute the entire agreement between you and FutureDL Limited regarding Waveform and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these terms will otherwise remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of FutureDL Limited.

12.4 Assignment

You may not assign or transfer these terms or your rights under them without our prior written consent. We may assign these terms without restriction. Any attempted assignment in violation of this provision is void.

12.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labour disputes, or internet service provider failures.

12.6 Notices

We may provide notices to you via email to the address associated with your account or by posting on the platform. You agree that electronic notices satisfy any legal requirement that notices be in writing. Notices to us should be sent to hello@waveform.co.uk.

12.7 Relationship

Nothing in these terms creates a partnership, joint venture, employment, or agency relationship between you and FutureDL Limited. You have no authority to bind us in any way.

13.1 Questions About Terms

If you have questions about these Terms of Service, please contact us at hello@waveform.co.uk

13.2 Company Information

FutureDL Limited, Trading as Waveform, Company Number: 14534210, Registered Office: Windmill Green, 24 Mount Street, Manchester, England, M2 3NX

13.3 Reporting Violations

If you become aware of any violations of these terms, please report them to hello@waveform.co.uk. We will investigate all reports and take appropriate action.