User Agreement

1. Applicability of User Agreement

1.1. This User Agreement applies to all users of PrimaryHQ. Any user who purchases a paid subscription is also subject to the Subscription and Payment Terms. In the event of any conflict between the User Agreement and the Subscription and Payment Terms, the User Agreement will take priority.

2. Key Terms

2.1. The definitions and rules of interpretation in this clause apply throughout the User Agreement.

Account: PrimaryHQ account;
AI: Artificial Intelligence;
Authorised User: the named Account holder (‘you’, ‘your’);
Generations: original reading passages, comprehension questions and mark schemes in the style of Key Stage 2 SATs reading papers generated by AI;
Intellectual Property: any and all intellectual property arising from the PrimaryHQ platform and any Generations;
Intellectual Property Rights: all rights relating to the Intellectual Property;
PrimaryHQ: Ryan Gall trading as PrimaryHQ;
PrimaryHQ Address: PrimaryHQ, C/O Unit 2, Hounsell Building, North Mills Trading Estate, Bridport, Dorset, DT6 3BE;
Privacy Policy: PrimaryHQ’s privacy policy;
Services: the services provided by PrimaryHQ to the Authorised User under the User Agreement and the Privacy Policy via https://primaryhq.co.uk/ or any other website noted to the Authorised User by PrimaryHQ from time to time or as more particularly described in the User Agreement;
Students: the students of the Authorised User for the current academic year at the time of producing the Generations;
Subscription and Payment Terms: PrimaryHQ’s Subscription and Payment Terms relating to the paid subscription;
Subscription Date: the date on which you agree to the Subscription and Payment Terms and make the first Subscription Fee payment;
Subscription Fee: a monthly fee of £4.99 (exclusive of VAT if applicable);
Unauthorised Distribution: any distribution, sale, transfer, sublicensing, publication, reproduction, mass printing for third parties or other use of the Generations by or for the benefit of any individual or entity other than the Authorised User and their Students;
Unauthorised Use: use of the Authorised User’s Account by any individual or entity other than the Authorised User;
User Agreement: the contents of this document titled ‘User Agreement’;
User Data: the data submitted by the Authorised User for the purpose of using the Services or facilitating the Authorised User’s use of the Services.

3. About PrimaryHQ

3.1. PrimaryHQ is operated by Ryan Gall, a sole trader trading as PrimaryHQ, of PrimaryHQ, C/O Unit 2, Hounsell Building, North Mills Trading Estate, Bridport, Dorset DT6 3BE hello@primaryhq.co.uk (“PrimaryHQ”, “we”, “us” or “our”). PrimaryHQ provides tools to help primary school teachers create classroom resources. Our first tool, the UKS2 Reading Comprehension Generator, uses AI to produce original reading passages, comprehension questions and mark schemes in the style of Key Stage 2 SATs reading papers (‘Generations’).

3.2. PrimaryHQ is an independently produced teaching resource. It is not affiliated with, endorsed by or produced by the Standards and Testing Agency (STA) or the Department for Education (DfE), and nothing it generates is an official SATs paper or DfE-approved resource.

3.3. Nothing in this User Agreement affects any statutory rights you may have under applicable consumer protection law. PrimaryHQ will provide the Services with reasonable care and skill where required by law.

4. Creating an Account

4.1. To use PrimaryHQ you will need to create an Account with a valid email address and password. You are responsible for keeping your login details secure and for all activity that happens under your Account. Let us know straight away at hello@primaryhq.co.uk if you think your Account has been accessed without your permission.

4.2. We also require that you provide your first and last name, your place of employment and the postcode of your place of employment. This information is collected, stored and processed in accordance with our Privacy Policy.

4.3. Each Authorised User holding a PrimaryHQ Account is able to generate a small number of Generations free of charge (currently 2) without having a PrimaryHQ paid subscription.

5. Acceptable use

5.1. When using PrimaryHQ, you agree not to:

5.1.1. Generate or attempt to generate Generations that are inappropriate for a primary school setting, offensive, discriminatory or otherwise unsuitable for children;

5.1.2. Manipulate or attempt to manipulate the AI generation tool to bypass its safety guidelines;

5.1.3. Use the Services in a manner that is abusive or inconsistent with their intended purpose;

5.1.4. Use the Services in any way that could compromise, disrupt, damage or adversely affect the security, integrity or performance of the Services or any related systems;

5.1.5. Use the Services for anything unlawful, or to generate Generations you intend to pass off as an official DfE/STA resource;

5.1.6. Share your Account login with others or attempt to circumvent the generation limits on the free or paid tier;

5.1.7. Input any personal data relating to your Students or anyone under the age of 18. This includes but is not limited to names, contact information, assessment records, behavioural records, health information, identifying information, safeguarding information and special category personal data.

5.2. PrimaryHQ reserves the right to suspend or terminate your Account for any breaches set out in clause 5 of the User Agreement.

5.3. Only the Authorised User is permitted to use the Services. By agreeing to the User Agreement, you are confirming that you will not permit any Unauthorised Distribution or any other user to use your Account.

5.4. PrimaryHQ is for the use of teachers and other educational professionals to generate resources for their Students. PrimaryHQ is not to be used directly by students and by agreeing to this User Agreement, you agree that you will not allow your Students or anyone under the age of 18 to use the Services.

6. AI-generated content

6.1. Generations are produced automatically using AI. They may contain errors, omissions, inconsistencies, inappropriate material or information that is inaccurate, incomplete or unsuitable for a particular student or purpose.

6.2. You must review each of the Generations carefully and exercise your own professional judgement before using it, sharing it with Students or relying on it. In particular, you are responsible for checking its factual accuracy, educational suitability, reading level, safeguarding implications and suitability for individual Students.

6.3. Subject to clause 9, PrimaryHQ is not responsible for loss arising from your use of the Generations without carrying out the review required by this clause.

7. Intellectual Property and Ownership of Generations

7.1. All Intellectual Property Rights in the PrimaryHQ platform and any Generations are owned by PrimaryHQ.

7.2. Subject to compliance with the User Agreement and Privacy Policy, PrimaryHQ grants Authorised Users a limited, non-exclusive, non-transferable licence to use the Generations for educational purposes, including:

7.2.1. General use by the Authorised User;

7.2.2. Printing the Generations for Students;

7.2.3. Sharing the Generations electronically with Students, such as by email or a shared drive or dropbox (sharing the link to the PrimaryHQ website is not permitted);

7.2.4. Reasonable retention by the Authorised User for lesson planning, record-keeping and audit purposes.

7.3. Unauthorised Distribution is strictly prohibited and may result in suspension or termination of your Account and other legal remedies available to PrimaryHQ.

8. Service availability

8.1. We aim to keep PrimaryHQ available and operating effectively, but we do not guarantee that the Services will always be available, uninterrupted or error-free.

8.2. We may perform scheduled or emergency maintenance on PrimaryHQ from time to time, which may result in temporary downtime or reduced functionality. We will do our best to notify Authorised Users of scheduled downtime, but do not guarantee that this will always be possible.

8.3. PrimaryHQ relies on third-party providers for hosting, authentication, payment processing, email delivery and AI functionality. Service interruptions, downtime, delays or reduced functionality may occur due to maintenance, outages, failures or other events affecting those providers or matters beyond our reasonable control.

8.4. We may modify, update, suspend or discontinue any part of the Services at any time, including where this is necessary because a third-party provider changes or withdraws its services. While we take reasonable care in selecting and managing third-party providers, we cannot guarantee the availability, performance or continued provision of services supplied by them.

8.5. To the fullest extent permitted by law, PrimaryHQ is not liable for any loss or disruption arising from maintenance, third-party service failures, internet or infrastructure issues, or other circumstances beyond our reasonable control.

9. Limitation of Liability

9.1. Any reference to liability includes all liability arising under or in connection with the User Agreement, the Subscription and Payment Terms, the Privacy Policy, the Services, or the relationship between PrimaryHQ and the Authorised User, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise.

9.2. Except as expressly and specifically provided in these User Agreement:

9.2.1. You assume sole responsibility for results obtained from the use of the Services and the Generations generated by you, and for conclusions drawn from such use. PrimaryHQ shall have no liability for any damage caused by errors or omissions in any User Data, information, instructions or scripts provided to PrimaryHQ by you in connection with the Generations, the Services or any actions taken by PrimaryHQ at your direction;

9.2.2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this User Agreement; and

9.2.3. the Services and the Generations are provided to you on an “as is” basis.

9.3. Nothing in this User Agreement excludes the liability of PrimaryHQ for:

9.3.1. Death or personal injury caused by negligence on the part of PrimaryHQ; or

9.3.2. Fraud or fraudulent misrepresentation on the part of PrimaryHQ.

9.4. Subject to clause 9.3, PrimaryHQ shall have no liability for any:

9.4.1. Loss of profits;

9.4.2. Loss of business;

9.4.3. Wasted expenditure;

9.4.4. Depletion of goodwill or similar losses;

9.4.5. Loss or corruption of data or information; or

9.4.6. Any special, indirect or consequential loss, costs, damages, charges or expenses.

9.5. PrimaryHQ’s total aggregate liability to you in respect of all claims arising out of or in connection with the Services shall not exceed the cap. Where a single claim, or a series of connected claims, arises from more than one act or omission of PrimaryHQ, PrimaryHQ’s total liability in respect of those claims shall not exceed the highest applicable cap.

9.6. In clause 9.5, the cap is the aggregate of any Subscription Fee paid by you in the 12-month period commencing on the Subscription Date or any anniversary of it in which the relevant default occurred, or £50, whichever is lower. Where no Subscription Fee has been paid, the cap is £50.

9.7. Nothing in this User Agreement excludes your liability for any breach, infringement or misappropriation of PrimaryHQ’s Intellectual Property Rights.

9.8. Nothing in this User Agreement excludes or limits any liability of PrimaryHQ that cannot lawfully be excluded or limited.

10. Terminating your Account

You can delete your PrimaryHQ Account at any time. We may also suspend or close any Account that breaches the User Agreement.

11. Changes to the User Agreement

We may update the User Agreement from time to time. Where changes are material, we will give you reasonable notice before they take effect, including by email or by posting a notice on the website.

12. Severance

If any provision or part-provision of this User Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the User Agreement.

13. Governing law

This User Agreement, the Subscription and Payment Terms and the Privacy Policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.

14. Complaints

If you have a complaint about PrimaryHQ or the Services we provide, please contact us with details of the issue. We will review your complaint and use reasonable efforts to resolve it within a reasonable time. We encourage users to raise any concerns with us first so that we have an opportunity to investigate and address them. Nothing in this clause limits any rights you may have under applicable law.

15. Contact

Questions about the User Agreement? Email us at hello@primaryhq.co.uk.