Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the TE&MX practice and assessment platform ("the Platform"), operated by TE&MX ("we", "us", "our"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.

2. Description of Service

The Platform provides online practice tools for apprenticeship assessments, Functional Skills qualifications, T Level examinations, Ofsted preparation, and interview practice. The Platform includes AI-powered feedback features to support learning.

The Platform is designed as a practice and revision tool only. It does not replace formal assessment, teaching, or professional guidance. Results and feedback generated by the Platform should not be taken as a guarantee of performance in actual assessments.

3. User Accounts and Access

• Access to the Platform may be provided directly or through your employer, training provider, or educational institution ("your Organisation").
• You are responsible for maintaining the confidentiality of any login credentials provided to you.
• You must not share your account or login details with any other person.
• You must not attempt to access another user's account or data.
• We reserve the right to suspend or terminate access to any account at our discretion.

4. Acceptable Use

When using the Platform, you agree that you will:

• Use the Platform only for its intended purpose of practice and learning.
• Not copy, reproduce, distribute, or share any content from the Platform without our written permission.
• Not attempt to reverse-engineer, decompile, or extract the source code of the Platform.
• Not use automated tools, bots, or scripts to access the Platform.
• Not use the Platform in any way that could damage, disable, or impair the service.
• Not upload or transmit any harmful, offensive, or illegal content.

5. Intellectual Property

All content on the Platform, including but not limited to questions, passages, feedback text, AI tutor configurations, design, graphics, logos, user interface elements, and software code (HTML, CSS, JavaScript, and all associated files), is the exclusive intellectual property of Waterhouse-Harper trading as TE&MX, and is protected by the Copyright, Designs and Patents Act 1988, international copyright treaties, and other applicable intellectual property laws.

You acknowledge that the Platform, its structure, organisation, and code constitute valuable trade secrets and proprietary information of TE&MX.

Without our prior written consent, you may not:

• Copy, reproduce, distribute, publish, or display any content, code, or materials from the Platform.
• Modify, adapt, translate, or create derivative works based on the Platform or its code.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to extract the source code or underlying algorithms of the Platform.
• Use any automated tools, scrapers, bots, or similar technologies to access, extract, or copy content or code from the Platform.
• Frame, mirror, or replicate any part of the Platform on another website or service.
• Use any content from the Platform to build, train, or improve a competing product or service.
• Remove, alter, or obscure any copyright notices, proprietary legends, watermarks, or trademarks displayed on the Platform.

Any unauthorised use of the Platform's intellectual property may result in civil liability and criminal prosecution under applicable law. We actively monitor for infringement and will pursue all available legal remedies, including claims for damages, injunctive relief, and recovery of legal costs.

6. AI-Powered Features

The Platform uses artificial intelligence to provide feedback on practice answers. You acknowledge and agree that:

• AI-generated feedback is provided for educational guidance only and may not always be accurate.
• AI feedback does not constitute professional assessment, marking, or certification.
• We are not liable for any decisions made based on AI-generated feedback.
• Your written responses may be processed by third-party AI services (Google Gemini) to generate feedback. No personally identifiable information is included in these requests.

7. Subscriptions and Payment

• Access to the Platform may require a paid subscription, either individually or through your Organisation.
• Subscription fees are as stated at the time of purchase and may be subject to change with 30 days' notice.
• Subscriptions renew automatically unless cancelled before the renewal date.
• Refunds are available within 14 days of initial purchase if you have not substantially used the Platform. After 14 days, no refunds will be issued for the current billing period.
• We reserve the right to suspend access for non-payment.

8. Availability and Modifications

We aim to keep the Platform available at all times but do not guarantee uninterrupted access. We may:

• Temporarily suspend access for maintenance, updates, or technical issues.
• Modify, update, or remove features of the Platform at any time.
• Change the content, questions, or structure of practice tools to improve the service.

9. Limitation of Liability

To the fullest extent permitted by law:

• The Platform is provided "as is" without warranties of any kind, express or implied.
• We do not warrant that the Platform will be error-free, secure, or available at all times.
• We are not liable for any indirect, incidental, or consequential damages arising from your use of the Platform.
• Our total liability for any claim related to the Platform shall not exceed the amount you paid for your subscription in the 12 months preceding the claim.
• Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

10. Termination

• You may stop using the Platform at any time by cancelling your subscription.
• We may terminate or suspend your access immediately if you breach these Terms.
• Upon termination, your right to use the Platform ceases immediately.

11. Changes to These Terms

We may update these Terms from time to time. We will notify users of significant changes via the Platform or by email. Your continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Contact

If you have any questions about these Terms, please contact us at:

TE&MX
Email: info@teandmx.co.uk