Prompt Terms of Use and App End User Licence Agreement

Last Updated: July 2024

Important information and who we are

These Terms of Use and App End User Licence Agreement (together, the “Terms of Use”) govern your use of our mobile application (the “App”) and/or website (together the “Prompt Platform”).
Teaching Applications Limited is responsible for the Prompt Platform (collectively referred to as “Prompt”, “we”, “us” or “our” in this Terms of Use).
If you have any questions about this Terms of Use, please contact us using the information set out in the contact details section below.

By using our Prompt Platform, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these terms, you must not use our Prompt Platform. We recommend that you print a copy of these terms for future reference.

1. There are other terms that may apply to you

These Terms of Use refer to the following additional terms, which also apply to your use of our Prompt Platform:

• Our Privacy Policy.
• Our Cookie Policy.
• Our Subscription Terms and Conditions.

2. We may make changes to our Prompt Platform

We may update and change our Prompt Platform from time to time to reflect changes to our products, our users’ needs and our business priorities.

3. AppStore terms also apply

The ways in which you can use the App may also be controlled by any App Store and App Store’s rules and policies will apply instead of these terms where there are differences between the two.

4. Operating system requirements

This App requires an Apple iPhone device which supports and is running iOS16 or later.

5. If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

6. Licence restrictions

You agree that you will:

• Except in the course of permitted sharing not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• Not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
• Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
  • Is not disclosed or communicated without the licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
  • Is not used to create any software that is substantially similar in its expression to the App;
  • Is kept secure; and
  • Is used only for the Permitted Objective;
• Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.

7. Acceptable use restrictions

You must:

• Not use the Prompt Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Prompt Platform, any service or any operating system;
• Not infringe our intellectual property rights or those of any third party in relation to your use of the Prompt Platform or any service, including by the submission of any material (to the extent that such use is not licensed by these terms);
• Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Prompt Platform or any service;
• Not use the Prompt Platform or any service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• Not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.

8. Intellectual property rights

All intellectual property rights in the Prompt Platform and the services throughout the world belong to us (or our licensors) and the rights in the Prompt Platform and the services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Prompt Platform or the services other than the right to use them in accordance with these terms.

9. We may end your rights to use the Prompt Platform and the Services if you break these terms

We may end your rights to use the Prompt Platform and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Prompt Platform and services:

• You must stop all activities authorised by these terms, including your use of the Prompt Platform and any services.
• You must delete or remove the Prompt Platform from all devices in your possession and immediately destroy all copies of the Prompt Platform which you have and confirm to us that you have done this.

10. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

11. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.

12. No text or data mining, or web scraping

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Prompt Platform or any services provided via, or in relation to, our Prompt Platform. This includes using (or permitting, authorising or attempting the use of):

• Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

13. Do not rely on information

The content on our Prompt Platform is provided for general information only. It is It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Prompt Platform.

Although we make reasonable efforts to update the information on our Prompt Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Prompt Platform is accurate, complete or up to date.

14. User-generated content is not approved by us

This Prompt Platform may include information and materials uploaded by other users of the site, including to social media pages, video-sharing sites, bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Prompt Platform do not represent our views or values.

15. Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so.  This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be limited to any amounts paid by you in connection with the services.