Terms & Conditions

1. Acceptance of Terms

By accessing or using Elephant Math ("the Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you ("User", "you", "your") and Elephant Math ("we", "us", "our").

By creating an account, you confirm that you have read and understood these Terms, our Privacy Policy, and our GDPR Rights Centre.

2. Definitions

• "Service" means the Elephant Math platform, including the website, learning content, tools, games, and analytics features.
• "User" means any individual who accesses or uses the Service, including students, teachers, and parents.
• "Student" means a User who uses the Service for learning mathematics.
• "Subscription" means a paid plan that provides unlimited access to premium features.
• "Free Tier" means the limited free access provided without a paid Subscription.
• "Content" means all educational materials, questions, tutorials, games, analytics, and other resources provided through the Service.
• "User Data" means all data generated by a User's interaction with the Service, including answers, progress, and performance metrics.
• "Academic Records" means learning analytics, mastery levels, misconception data, and grade predictions derived from User Data.

3. Account Registration & Eligibility

3.1 Age Requirements

• Users aged 13 and over may create an account independently.
• Users under 13 require verifiable parental or guardian consent before account creation (see our Privacy Policy, Section 5).
• Teachers and parents must be at least 18 years old.

3.2 Account Responsibilities

• You must provide accurate and complete registration information.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must notify us immediately of any unauthorised use of your account.
• You may not create multiple accounts for the same individual.

3.3 Parental Responsibility

Parents or guardians who consent to their child's use of the Service accept these Terms on their child's behalf and are responsible for monitoring their child's use.

4. Free Tier

Elephant Math offers a free tier with limited functionality:

4.1 Free Tier Includes

• A limited number of daily interactions (e.g., 5 questions per day)
• Access to selected introductory topics
• Basic progress tracking

4.2 Free Tier Limitations

• Daily interaction limits reset at midnight (UK time, GMT/BST)
• Advanced analytics, misconception detection, and GCSE predictions require a Subscription
• Teacher and parent dashboard features require a Subscription
• Games and gamification features may be limited

4.3 Changes to Free Tier

We reserve the right to modify the features or limits of the Free Tier at any time. We will provide reasonable notice of material changes.

5. Subscription Plans & Pricing

5.1 Available Plans

Subscription plans, features, and pricing are displayed on our website. Plans may include:

• Student Plan: Unlimited questions, full topic access, analytics, GCSE predictions
• Family Plan: Student features plus parent dashboard access
• School Plan: Student features plus teacher dashboard, class management, and bulk pricing

5.2 Pricing

• All prices are displayed in British Pounds Sterling (GBP) and include VAT where applicable.
• We reserve the right to change pricing with at least 30 days' notice to existing subscribers.
• Price changes will not affect your current billing period.

5.3 Promotional Offers

Promotional prices apply for the stated period only and will revert to standard pricing unless cancelled before the promotional period ends.

6. Payment, Billing & Renewals

6.1 Payment Methods

We accept payment via credit/debit card and other methods as displayed at checkout. All payments are processed securely through our payment provider.

6.2 Automatic Renewal

• Subscriptions renew automatically at the end of each billing period (monthly or annually).
• We will charge the payment method on file at the then-current subscription rate.
• We will send a reminder email at least 7 days before renewal.

6.3 Failed Payments

If a payment fails, we will attempt to charge again up to 3 times over 10 days. If all attempts fail, your Subscription will be suspended and you will revert to the Free Tier until payment is resolved.

7. Cancellation & Refunds

7.1 Cancellation

• You may cancel your Subscription at any time through your account settings.
• Cancellation takes effect at the end of your current billing period.
• You will continue to have premium access until the end of the period you have paid for.
• After cancellation, your account reverts to the Free Tier. Your data is retained as described in our Privacy Policy.

7.2 Cooling-Off Period

7.3 Refunds Outside Cooling-Off Period

• Annual subscriptions: Pro-rata refund available within the first 30 days. After 30 days, no refund but access continues until the end of the annual period.
• Monthly subscriptions: No refund for the current month, but cancellation prevents future charges.
• Exceptional circumstances: We may offer discretionary refunds in cases of prolonged service outage or billing errors.

7.4 How to Request a Refund

Email support@elephantmath.co.uk with your account email and reason for the refund request. We aim to process refunds within 10 business days.

8. Acceptable Use Policy

You agree to use the Service responsibly. You must not:

• Share your account credentials with others or allow others to access your account
• Use automated tools, bots, or scripts to interact with the Service
• Attempt to circumvent daily limits, subscription restrictions, or security measures
• Copy, redistribute, or commercially exploit any Content from the Service
• Submit false, misleading, or offensive information
• Harass, bully, or intimidate other users
• Attempt to access other users' accounts or data
• Use the Service for any unlawful purpose
• Reverse-engineer, decompile, or attempt to extract source code from the Service
• Interfere with the operation or security of the Service

Violation of this policy may result in immediate suspension or termination of your account (see Section 13).

9. Content & Intellectual Property

9.1 Our Content

All Content provided through the Service — including questions, tutorials, explanations, games, graphics, design, and software — is owned by Elephant Math or licensed to us. This Content is protected by copyright, trademark, and other intellectual property laws of England and Wales.

9.2 Limited Licence

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Content for personal, non-commercial educational purposes only. This licence does not permit:

• Downloading, copying, or reproducing Content beyond normal browser caching
• Sharing Content with non-account holders
• Creating derivative works based on our Content
• Using Content for commercial teaching or tutoring without a School Plan

9.3 Teacher Use

Teachers with a School Plan may display Content in classroom settings and reference analytics in educational reports, but may not redistribute Content outside the platform.

10. User-Generated Data & Academic Records

10.1 Ownership

You retain ownership of the answers and responses you submit. By using the Service, you grant us a licence to process this data to provide the Service, generate analytics, and improve our algorithms.

10.2 Academic Records

Academic Records (mastery levels, misconception data, grade predictions) are derived from your User Data using our proprietary algorithms. While the underlying data is yours, the analytical outputs are our intellectual property.

10.3 Data Portability

You may export your User Data and Academic Records at any time through your account settings or by submitting a data portability request (see our GDPR Rights Centre).

10.4 Anonymised Data

We may use anonymised, aggregated data derived from User interactions to improve the Service, conduct educational research, and develop new features. Anonymised data cannot be linked back to you.

11. Disclaimers

11.1 No Guarantee of Results

• We do not guarantee that using the Service will result in specific exam grades, academic improvements, or learning outcomes.
• GCSE grade predictions are indicative estimates only and should not be relied upon as definitive forecasts.
• Misconception detection is based on pattern analysis and may not capture all areas of difficulty.

11.2 Service Availability

• The Service is provided "as is" and "as available".
• We do not guarantee uninterrupted or error-free access.
• We may perform maintenance that temporarily affects availability, and will provide reasonable notice where possible.

11.3 Third-Party Content

The Service may contain links to third-party websites or resources. We are not responsible for the content, accuracy, or practices of third-party sites.

12. Limitation of Liability

12.1 Exclusions

Nothing in these Terms excludes or limits our liability for:

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

12.2 Limitations

Subject to Section 12.1, our total liability to you for any claims arising from or related to the Service shall not exceed:

• The total amount you have paid to us in the 12 months preceding the claim; or
• £100, whichever is greater.

12.3 Indirect Losses

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or academic opportunities, even if we have been advised of the possibility of such damages.

13. Termination & Suspension

13.1 Termination by You

You may close your account at any time by contacting support@elephantmath.co.uk or through your account settings. Upon closure:

• Your access to the Service will end immediately.
• Your data will be retained and deleted in accordance with our data retention policy.
• Any remaining Subscription period is subject to our refund policy.

13.2 Termination or Suspension by Us

We may suspend or terminate your account if:

• You breach these Terms, particularly the Acceptable Use Policy
• We reasonably believe your account is being used fraudulently
• You fail to pay subscription fees after repeated attempts
• We are required to do so by law or regulatory authority

Where possible, we will give you notice and an opportunity to remedy the breach before termination.

13.3 Effect of Termination

Upon termination, Sections 9 (Intellectual Property), 11 (Disclaimers), 12 (Limitation of Liability), and 15 (Governing Law) shall survive.

14. Changes to Terms

We may update these Terms from time to time:

• Material changes (e.g., pricing, liability, subscription terms) will be notified at least 30 days in advance via email.
• Minor changes (e.g., clarifications, formatting) may be made without advance notice.
• The "Last updated" date at the top of this page will always reflect the most recent revision.

Continued use of the Service after the effective date of updated Terms constitutes your acceptance of those changes. If you do not agree with the changes, you should stop using the Service and cancel your Subscription.

15. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales.

15.2 Jurisdiction

The courts of England and Wales shall have exclusive jurisdiction over any dispute arising from or relating to these Terms or the Service.

15.3 Dispute Resolution

Before commencing legal proceedings, we encourage you to:

1. Contact us first: Email support@elephantmath.co.uk with a description of your complaint. We aim to resolve issues within 14 business days.
2. Mediation: If we cannot resolve the dispute informally, either party may propose mediation through a mutually agreed mediator.
3. Court proceedings: If mediation fails or is not agreed, either party may commence proceedings in the courts of England and Wales.

15.4 Consumer Rights

Nothing in these Terms affects your statutory consumer rights under UK law, including the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013.