These Terms (defined below) govern your use of the Efekta Platform (defined below).
In consideration of Efekta making the Efekta Platform available to you, you agree to accept these Terms, which may be updated from time to time.
You should print a copy of these Terms or save them to your computer for future reference.
1. INTERPRETATION
1.1. In these Terms, unless the context otherwise requires, the following expressions shall have the following meanings:
Access Period means the period agreed between Efekta and the Organisation which the Product is made accessible to you.
Authorised User means you, the individual who is (as the case may be): (i) a teacher or a member of staff engaged by an Organisation; (ii) a student enrolled at an Organisation; or (iii) the Parent of a student enrolled at an Organisation and the "Authorised User" means the relevant Authorised User.
Data Protection Legislation means the General Data Protection Regulation ((EU) 2016/679) ("GDPR"), the Data Protection Act 2018, the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC), the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) and any legislation and/or regulation implementing or made pursuant to them, or which amends, replaces, re-enacts or consolidates any of them, and all other applicable laws relating to processing of personal data and privacy that may exist in any relevant jurisdiction.
Efekta, we, us, or our means or mean (as the context requires) Efekta Education Ltd, incorporated and registered in England and Wales with company number 15012429 whose registered office is at 22 Chelsea Manor Street, London SW3 5RL United Kingdom and its affiliates.
Efekta Platform means Efekta’s AI-powered online learning platform.
Fees mean the relevant Product fees payable by the Organisation to access the Product on the Efekta Platform.
Intellectual Property Rights mean all patents, rights to inventions, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, database right, topography rights, moral rights, rights in confidential information (including knowhow and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Learner Data means any data transferred to Efekta by the Organisation or Authorised User for input into the Efekta Platform.
Organisation means the ministry of education, university, college, school or similar institution or entity engaged with Efekta that provides You with access to the Efekta Platform and who has purchased the Product from Efekta.
Parent means a parent or guardian of an Authorised User who is a student.
Product means access to the Efekta Platform purchased by an Organisation for the use by its Authorised Users.
Software means the software provided by us or our licensors which enables You to use and access the Efekta Platform and the Product.
Terms mean these terms and conditions.
User Materials mean any content uploaded onto the Efekta Platform by You.
You or Your means the Authorised Users.
1.2. Each Authorised User is deemed to have accepted the provisions of these Terms by its continued use of the Efekta Platform. Efekta reserves the right to report any Authorised User who breaches these Terms to the Organisation to which that Authorised User belongs and/or suspend Your access to the Efekta Platform.
2. ACCESS
2.1. In consideration of the Fees paid by the Organisation to Efekta, Efekta grants to You, a non-exclusive right to access and use the Product via the Efekta Platform during the Access Period. In this regard, You are entitled to use the Software (in object code form) to access the Product and to use the Efekta Platform as part of the Organisation's internal teaching tools and teaching resources.
2.2. Notwithstanding Clause 2.1, You must not:
2.2.1. grant or assign the benefit or burden of the right set out in Clause 2.1 in whole or in part to anyone;
2.2.2. attempt to duplicate, modify, disclose or distribute any portion of the Software;
2.2.3. attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the Software, except as is allowed by any applicable law which is incapable of exclusion by agreement between Efekta and You;
2.2.4. transfer, temporarily or permanently, any rights or obligations under these Terms; or
2.2.5. attempt to obtain, or assist others in obtaining access to the Efekta Platform, the Software, and the Product other than as provided under Clause 2.
2.3. You grant to Efekta, a perpetual, irrevocable, non-exclusive, sub-licensable licence to use Your User Materials for Efekta business purposes including the right to host Your User Materials for You. The foregoing licence includes the right to make copies of Your User Materials, show or play Your User Materials in public (including over the internet), communicate Your User Materials, and to adapt Your User Materials.
3. ACCESSING THE EFEKTA PLATFORM AND THE PRODUCT
3.1. You acknowledge that You will only be able to access the Product on the Efekta Platform during the Access Period and that Your access and use of the Product will be governed by the terms separately agreed between Efekta and the Organisation. Without prejudice to the foregoing, You must not:
3.1.1. systematically make printed or electronic copies of content and/or materials in the Product for any purpose in either print or electronic format;
3.1.2. remove or alter the copyright notices or other means of identification or disclaimers as they appear in the Product;
3.1.3. display or distribute any part of the Product on any electronic network, including without limitation the Internet and the World Wide Web, where access is possible by anyone not an Authorised User;
3.1.4. permit anyone other than the Authorised Users to access or use the Product including any content and material making up the Product; and/or
3.1.5. use the Product or any part of the Product for any commercial use other than as teaching and learning resources within the Organisation.
3.2. To access and use the Product, You will need to log into Your Efekta Platform account using the relevant login details.
3.3. Subject to earlier termination pursuant to these Terms, Your access to the Efekta Platform will cease when the Access Period for the Product expires.
4. YOUR OBLIGATIONS
4.1. The Organisation is responsible for the selection of the Product it purchases and whether the Product meets its and its Authorised Users requirements.
4.2. You agree not to make available Your username and/or password to anyone. If there has been a disclosure of Your username and/or password, You agree to notify us promptly of such disclosure, so that we can take appropriate security measures.
4.3. You undertake not to upload any User Materials onto the Efekta Platform or send and/or transmit to other Authorised Users, any content which is illegal, obscene, threatening, defamatory, discriminatory, promote illegal or unlawful activity, or be otherwise actionable or in violation of any rules, Intellectual Property Rights, regulations or laws to which such content is subject.
4.4. You agree to use the Efekta Platform in good faith and in a manner consistent with its intended purpose. You must not engage in any conduct that undermines the integrity, fairness or proper operation of the Efekta Platform, including, but not limited to: (i) placement tests; (ii) progress tests; (iii) learning activities; or (iv) remediation and practice.
4.5. When completing any placement test, progress test, assessment or similar evaluation on the Efekta Platform, You must do so honestly and independently. You must not:
4.5.1. cheat, collude, or seek to gain an unfair advantage;
4.5.2. allow another person to complete an assessment on Your behalf;
4.5.3. impersonate another user or allow Your account to be used by someone else;
4.5.4. access, share, publish or use assessment questions, answers, or results in a way that is not expressly permitted by us; or
4.5.5. take any action intended to manipulate, invalidate, or misrepresent Your results.
4.6. If we suspect that a breach of Clauses 4.3, 4.4, 4.5, 4.9 and 5 have occurred or is likely to occur, we may, without giving notice and liability to You, remove Your User Materials and/or suspend Your access to the Efekta Platform and/or the Product and will report it to the Organisation that belong to.
4.7. If You are a teacher, You acknowledge that You are solely responsible for the appropriate use and adaptation of the Product for the use by Your student users.
4.8. You agree that You will promptly notify us of any errors or inaccuracies which relate to the Product. In this regards, please contact us using the "Contact Us" page at www.efekta.com.
4.9. You must not spam, download or upload excessive volume of content onto the Efekta Platform such that it may impair the performance of the Efekta Platform. You must not introduce any malicious codes or harmful element.
4.10. Unless otherwise agreed in writing by Efekta, You are solely responsible for configuring Your computer devices in order to access the Efekta Platform and the Product, and to provide for Your own virus protection software. To access the Efekta Platform and the Product, Your computer device must meet the specification detailed here [Minimum Specification]
5. DATA PROTECTION
5.1. Each Authorised User will own all rights, title and interest in and to that Authorised User’s Learner Data. As between the Organisation and Efekta, the Organisation will at all times have sole responsibility for the legality, reliability, integrity, accuracy and quality of its Authorised Users’ Learner Data and for ensuring that its use does not infringe the rights of any third parties.
5.2. The Organisation has granted Efekta and its affiliates, a non-exclusive, non-transferable licence to use the Learner Data for the purpose of providing the Efekta Platform, improving the Efekta Platform and the exercise of Efekta's rights under these Terms (together with the right to sub-licence these rights to its hosting, connectivity and telecommunications service providers to the extent necessarily required for the performance of Efekta's obligations) and for any requirements ancillary to the provision of the Efekta Platform (including any data analytics and service modelling).
5.3. Notwithstanding anything to the contrary set forth in these Terms, Efekta and its affiliates shall be permitted to: (i) compile statistical and other information related to the performance, operation and Authorised User’s use of the Efekta Platform; and (ii) collect data related to identifiable Authorised User’s usage of features and functionality within the Efekta Platform (collectively, the “Usage Data”). Usage Data excludes all Learner Data. Usage Data is used solely: (i) for billing purposes; (ii) during and after the Access Period to implement, operate, maintain and improve the Efekta Platform and to fulfil its obligations hereunder; and (iii) during and after the Access Period, and in aggregated and anonymised form, to create statistical analyses and for research and product development.
5.4. In the event of any loss or damage to Learner Data, Efekta will use reasonable commercial endeavours to restore the lost or damaged Learner Data from the latest back-up of such Learner Data where such back-ups are made by Efekta. Efekta is not responsible for any loss, destruction, alteration or disclosure of Learner Data caused by the Organisation, Authorised Users or any third party.
6. WITHDRAWAL OF PRODUCTS
6.1. We reserve the right at any time to withdraw the Product including any components within the Product (e.g. an activity) for any reason.
6.2. In the circumstances above, we shall notify the Organisation of such withdrawal as soon as reasonably practicable.
7. INTELLECTUAL PROPERTY RIGHTS
As between You and Efekta, You acknowledge that Efekta and/or Efekta’s licensors own all Intellectual Property Rights in the Efekta Platform, the Software and the Product. Except as expressly stated in these Terms and the Product Specific Terms, Efekta does not grant You any rights to or in any Intellectual Property Rights or any other rights or licences.
8. WARRANTIES
8.1. We do not warrant that the use of the Efekta Platform and/or the Product will be uninterrupted or error-free. We may also carry out scheduled maintenance from time to time.
8.2. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Efekta Platform, the Product and the Software which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
9. LIABILITY
As the Product is purchased by the Organisation and made available by the Organisation to its Authorised Users, you as an Authorised User of your Organisation, irrevocably agree not to bring or threaten to bring any claims or proceedings directly against Efekta. Any claims, proceedings, problems, dissatisfaction or issues which you have should be brought or raised directly with your Organisation. If any Authorised Users bring or threaten to bring any claims or proceedings against Efekta, the Organisation shall indemnify and keep Efekta indemnified against any costs, losses, damage and/or expenses incurred by Efekta.
10. EFFECT OF TERMINATION
10.1. On expiry or termination of these Terms or Your right to use the Efekta Platform for any reason and subject to any express provisions set out elsewhere in these Terms all rights and access granted to You to use the Software and the Efekta Platform to these Terms shall cease.
10.2. If your access to the Product ceases, You will no longer be able to access the Product and/or Your User Materials that are associated to that Product and Efekta reserves the right to delete your account and all content associated to your account including where applicable, any Your User Materials.
11. FORCE MAJEURE
We will have no liability to You if we are prevented from or are delayed in performing our obligations due to any circumstances and/or reasons which are outside of our control. These circumstances and reasons include strikes, lock-outs or other industrial disputes (whether involving the workforce of Efekta or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, sanctions, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or subcontractors and/or non-performance of any services by Efekta's suppliers, banks or subcontractors.
12. GENERAL PROVISIONS
12.1. These Terms constitutes the whole agreement between Efekta and You and supersedes all previous agreements between Efekta and You relating to Your use of the Efekta Platform. Nothing in these Terms shall limit or exclude any liability for fraud.
12.2. We may amend these Terms from time to time.
12.3. A waiver of any right under these Terms is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given. No waiver shall be implied by taking or failing to take any other action.
12.4. If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
12.5. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
13. GOVERNING LAW AND JURISDICTION
13.1. These Terms and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of England.
13.2. If a dispute arises between the parties in connection with or relating to these Terms, it shall be settled by binding arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce. The number of arbitrators shall be three, of whom each party shall appoint one each. The two arbitrators so appointed will select the third and final arbitrator. The place of arbitration shall be London, United Kingdom. The language used in the arbitration proceedings shall be English. The proceedings, including any outcome, shall be confidential. Nothing in this Clause shall preclude any party from seeking interim or provisional relief from a court of competent jurisdiction, including a temporary restraining order, preliminary injunction or other interim equitable relief, concerning a dispute either prior to or during any arbitration if necessary to protect the interests of such party or to preserve the status quo pending the arbitration proceedings.
Last updated: January 2026