Terms of Service

1) About the Service

LearningWalks is a web application for conducting learning walks and related school/Trust quality assurance workflows: planning walks, capturing walks, optionally collecting learner/pupil views via staff-led prompts, giving feedback, and reviewing analytics and reports.

Put simply: it helps leaders plan and run learning walks and view insights. It’s not a “lesson observation” tool.

2) Accounts and Users

Organisation account. Schools and Trusts (each an “Organisation”) create an account and invite staff as users with appropriate permission levels. You are responsible for the actions of users under your Organisation account.

Age and access. The Service is designed for professional (staff) use. Pupils do not receive their own logins. Where pupil views are collected, this occurs only via a staff member’s session and is recorded as Organisation content.

Security. Keep credentials confidential and ensure device/browser security. You must tell us promptly about any suspected unauthorised access.

Put simply: your school/Trust owns the account; invited staff use it. Pupils never log in directly.

3) Privacy, Security & Data Protection

Our Privacy Policy and Security Overview explain how we handle personal data and protect the Service. By using the Service, you also agree to those documents.

3.1 Roles under UK GDPR

Customer Content. For data you upload or capture in the Service (e.g., staff details, learning-walk notes, feedback, pupil views captured by staff), the Organisation is the Controller and LearningWalks acts as a Processor.
Account & service metadata. For limited operational data (e.g., billing contact, telemetry, security logs), LearningWalks is an independent Controller.

Data Processing Addendum (DPA). Our standard DPA (incorporated by reference) applies when we act as a Processor and is available at /dpa.php. If you require a countersigned copy, contact [email protected].

3.2 Location, sub‑processors, and transfers

Location. Customer Content is hosted in the UK and EU.
Sub‑processors. We use vetted providers for hosting, email, analytics, and support. Our current list is maintained at /subprocessors.
International transfers. If we transfer data internationally, we implement appropriate safeguards (e.g., UK IDTA / EU SCCs).

3.3 Telemetry and session replay

To improve support and product quality, we use session replay and analytics tools (including Microsoft Clarity). Session replays are retained for up to 30 days and used for debugging, support, and UX improvement. You can request that replay is disabled for your Organisation, subject to impact on support quality.

3.4 Retention, export, and deletion

During your subscription. You can access and export your reports and data at any time using available tools or by contacting us.
On termination. Customer Content is retained for 90 days in a suspended state for export on request, after which it is permanently deleted unless required otherwise by law.

3.5 Security and incidents

We employ administrative, technical, and organisational measures appropriate to the risk. If we become aware of a personal data breach affecting your Organisation, we will notify you without undue delay and provide information as required under UK GDPR.

Put simply: you control your content; we process it securely in the UK/EU, use session replay for support (30 days), and keep data 90 days after the end.

4) Acceptable Use

Follow all applicable laws, safeguarding duties, and your internal policies.
Don’t share logins, bypass access controls, probe security, or disrupt the Service.
Don’t upload unlawful, harmful, or infringing content.
No scraping, bulk‑export for competitive analysis, or publication of benchmarks without consent.
Use storage and API features fairly; we apply reasonable fair use limits to protect stability.

Put simply: use it responsibly, lawfully, and don’t break or copy the service.

5) Pricing, Trials, Billing, and Refunds

5.1 Trials

We offer a 30‑day free trial per Organisation. At the end of the trial, your data is retained for 90 days to allow you to subscribe. If you do not subscribe within that time, the data will be permanently deleted.

5.2 Subscriptions

Plan and term. Paid subscriptions renew annually unless cancelled before renewal.
Billing. We may offer card payments (e.g., Stripe) and/or invoice (BACS). Fees are due as stated on the order form/checkout.
Taxes. Fees are exclusive of VAT and applicable taxes, which will be charged where required.

5.3 Cancellations and refunds

Cancelling renewal. You can cancel renewal at any time before your renewal date via the admin portal or by contacting support.
Refunds. If the Service experiences material, sustained issues caused by us that prevent normal use, we will provide a fair refund or credit. We do not provide refunds for lack of use.
Late payment. We may suspend access for overdue invoices and charge reasonable late fees/interest as permitted by law.

Put simply: 30‑day trial, then annual billing. We’ll refund for our faults, not for non‑use.

6) Service Availability and Support

Status page. For incident updates, visit https://status.learningwalks.com.
Support hours. 09:00–17:00 (GMT/UK time), Monday–Friday excluding UK public holidays.

7) Intellectual Property and Content

Your content. You retain all rights to Customer Content. You grant us a worldwide, non‑exclusive licence to host, process, and display it solely to provide the Service and support.
Feedback. You grant us a royalty‑free, perpetual licence to use feedback and suggestions to improve the Service.
Service IP. We (and our licensors) retain all rights in the Service, software, documentation, and branding.
Aggregated insights. We may use de‑identified, aggregated usage data to improve the Service and share high‑level benchmarks and reliability metrics.

Put simply: you own your data; we own the platform. We can use anonymised stats and your feedback to improve.

8) Warranties and Disclaimers

The Service is provided on an “as is” and “as available” basis. Except as expressly stated, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.

9) Liability

Cap. Our total liability arising out of or related to these Terms is limited to the fees paid by you to us for the Service in the 12 months before the event giving rise to liability.
Exclusions. We are not liable for lost profits, revenues, goodwill, or indirect, special, incidental, consequential, or punitive damages.
Cannot be excluded. Nothing limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded under law.

10) Force Majeure

Neither party is liable for delay or failure to perform due to events beyond reasonable control (for example: power or internet failures, hosting provider outages, acts of God, strikes, war, epidemics, governmental actions), provided the affected party uses reasonable efforts to mitigate and resumes performance promptly.

Put simply: if something outside either of our control happens (e.g. a major cloud outage), we aren’t liable for the resulting downtime.

11) Changes to the Service or these Terms

We may update the Service and these Terms from time to time. If we make material changes to the Terms, we will notify Organisation admins via the admin portal and post the updated Terms here with a new “Last updated” date. Continued use after the effective date constitutes acceptance.

12) Suspension and Termination

We may suspend or terminate access if you materially breach these Terms or fail to pay fees when due, after reasonable notice where appropriate. You may terminate at any time by cancelling renewal and/or contacting support. Sections intended to survive termination (including intellectual property, privacy, liability, and law/jurisdiction) will survive.

13) Governing Law and Jurisdiction

These Terms and any dispute or claim (including non‑contractual disputes or claims) are governed by the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales.

14) Contact

Questions about these Terms? Email [email protected].

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