Terms & Conditions

1 Interpretation

1.1 In these Terms and Conditions, the following definitions apply:

1.2 References to statutes include all amendments and re-enactments in force from time to time. Headings are for convenience only and do not affect interpretation.

2 Acceptance and Access

2.1 Access to the Platform is conditional on the school's acceptance of this Agreement. By creating an account, completing a Pilot Participation Agreement, or otherwise accessing the Platform, the School (and each Authorised User) agrees to be bound by these Terms.

2.2 The School warrants that it has the authority to bind itself and all Authorised Users to this Agreement. Where a school is part of a Multi-Academy Trust, the Trust is the contracting entity.

2.3 SENSA reserves the right to modify these Terms on thirty (30) days' written notice. Continued use of the Platform following notice constitutes acceptance of the revised Terms. Material changes affecting the school's data protection obligations will require re-execution of the relevant agreement.

2.4 The Platform is intended exclusively for use by professional educators within UK state-funded or independent schools and MATs. SENSA reserves the right to refuse or revoke access at its sole discretion.

3 The Platform and Services

3.1 SENSA provides the Platform as a professional tool to assist Authorised Users in the identification of potential SEN need-signals, the adaptation of curriculum content, and the generation of supporting documentation. The Platform operates across three layers:

• SENSA Observe — passive need-signal analysis from classroom work patterns, producing a ranked watchlist for SENCO review.
• SENSA Adapt — AI-powered real-time transformation of lesson materials into parallel versions optimised for six need-type profiles (dyslexia, ADHD, autism, SLCN, dyscalculia, EAL+SEN).
• SENSA Evidence — automated assembly of statutory-format EHCP evidence packs from intervention data.

3.2 SENSA will use reasonable endeavours to maintain Platform availability of 99.5% uptime (excluding scheduled maintenance), measured monthly. Scheduled maintenance will be communicated at least 24 hours in advance.

3.3 SENSA reserves the right to modify, update, suspend, or discontinue any feature of the Platform at any time, provided that any material reduction in core functionality provided under a paid subscription is notified to the School with no less than 60 days' advance notice.

4 User Obligations

4.1 The School shall:

• Ensure all Authorised Users are trained on appropriate use of AI-generated content in a SEND context prior to accessing the Platform;
• Not upload personally identifiable pupil data (including full names, dates of birth, UPN, or NHS numbers) to the Platform in any AI processing field;
• Maintain an up-to-date register of Authorised Users and promptly remove access for any individual who leaves the School or changes role;
• Use the Platform only in accordance with applicable law, including the UK GDPR, Data Protection Act 2018, SEND Code of Practice, and Ofsted safeguarding requirements;
• Not use the Platform to process data relating to pupils who are subject to active child protection or safeguarding proceedings without appropriate additional controls in place;
• Report any suspected security breach, unauthorised access, or data incident to SENSA at contact@sensatech.co.uk within 24 hours of becoming aware.

4.2 The School shall not:

• Share access credentials with any third party not registered as an Authorised User;
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Platform;
• Use the Platform to generate content that could discriminate against, harm, or stigmatise any pupil based on a protected characteristic under the Equality Act 2010;
• Misrepresent AI-generated Output as an independent professional assessment to parents, carers, local authorities, or any statutory body;
• Resell, sublicense, or otherwise commercially exploit access to the Platform without SENSA's prior written consent.

5 Intellectual Property

5.1 All rights in the Platform — including software, algorithms, models, trademarks, design, and documentation — are and remain the exclusive property of SENSA Technology Ltd. Nothing in this Agreement transfers any ownership right to the school.

5.2 The School retains all ownership of Content uploaded to the Platform. By uploading Content, the School grants SENSA a limited, non-exclusive, royalty-free licence to process that Content solely for the purpose of delivering the Platform services to the school.

5.3 SENSA may use anonymised, aggregated, and non-identifiable data derived from Platform usage to improve and develop its AI models and services. No such use shall include any data traceable to an individual pupil, teacher, or school without explicit written consent.

5.4 Ownership of AI-generated Output is assigned to the school upon generation. The school is responsible for compliance with any third-party copyright in Content it uploads.

6 Fees and Payment

6.1 During any Pilot Period, the Platform is provided at no charge. The school incurs no financial obligation and is under no commitment to subscribe following the Pilot Period.

6.2 Post-pilot subscription fees are set out in the applicable Order Form. Fees are invoiced annually in advance unless otherwise agreed.

6.3 All fees are exclusive of VAT, which will be charged at the prevailing UK rate where applicable.

6.4 SENSA reserves the right to increase fees on no less than 90 days' written notice at the start of any renewal period. The school may terminate the Agreement rather than accept a fee increase by providing 30 days' written notice prior to the renewal date.

7 Limitation of Liability

7.1 Nothing in this Agreement limits or excludes SENSA's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any matter for which liability cannot be excluded by law.

7.2 Subject to clause 7.1, SENSA's total aggregate liability to the school shall not exceed the greater of: (a) the total fees paid in the twelve months preceding the event giving rise to the claim; or (b) £1,000 where no fees have been paid (including during any Pilot Period).

7.3 SENSA shall not be liable for any indirect or consequential loss; loss of profits or revenue; loss of data; or loss of anticipated savings — even if advised of the possibility of such losses.

7.4 The Platform is a professional support tool. SENSA is not liable for any decision made by the school, its staff, or any third party in reliance on Platform Output without appropriate professional review.

8 Termination

8.1 Either party may terminate this Agreement immediately on written notice if the other: (a) commits a material breach that is incapable of remedy; (b) commits a material breach and fails to remedy it within 30 days of written notice; (c) becomes insolvent, enters administration, or ceases to trade; or (d) commits a serious data protection breach.

8.2 SENSA may suspend access immediately, without prior notice, where it reasonably believes the school is in breach of clause 4.2, or where continued access poses a security or safeguarding risk.

8.3 On termination: the school's right to access the Platform ceases immediately; SENSA will retain School data for 30 days and then securely delete it; SENSA will provide a data export within 10 business days of a written request received before that window expires.

9 Governing Law and Disputes

9.1 This Agreement is governed by and construed in accordance with the laws of England and Wales.

9.2 The parties agree to attempt to resolve any dispute through good-faith negotiation before initiating legal proceedings. Where a dispute cannot be resolved informally, either party may refer the matter to mediation through CEDR before resorting to litigation.

9.3 Subject to clause 9.2, each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.

10 General Provisions

10.1 Entire Agreement. This Agreement, together with the DPA, any applicable Order Form, and Pilot Participation Agreement, constitutes the entire agreement relating to its subject matter and supersedes all prior representations, discussions, and agreements.

10.2 Severability. If any provision is held unlawful or unenforceable, it shall be severed and the remaining provisions shall continue in full force.

10.3 No Waiver. Failure to exercise any right does not constitute a waiver of that right.

10.4 Force Majeure. SENSA shall not be liable for delays or failure caused by events outside its reasonable control, including acts of God, pandemic, governmental action, or internet infrastructure failures.

10.5 Assignment.The School may not assign or transfer its rights without SENSA's prior written consent. SENSA may assign this Agreement to a successor entity on 30 days' written notice.

10.6 Notices. All formal notices must be in writing and delivered by email (with read receipt) or recorded post to the addresses registered on the account.

10.7 Children's Rights. SENSA acknowledges that its services relate to children and is committed to upholding their rights under the UN Convention on the Rights of the Child and relevant UK legislation.