Parent Licence Agreement

This Licence Agreement (“Agreement”) is a legally binding contract between you, as a parent or legal guardian of a child, and Spark Home Education Limited trading as Spark (registered in England and Wales, company number 15695980 with registered office at Furlong House, 2 Willie Snaith Road, Newmarket, England, CB8 7SG) (“Spark”, “we”, “us”, “our”). By creating an account, downloading, installing, or using the Spark Application, you confirm that you have read, understood, and agree to be bound by this Agreement on behalf of yourself and your child.

If you do not agree to this Agreement, you must not use the Application.

Your attention is drawn in particular to clause 15 (Limitation of Liability) and clause 16 (Data Protection and Children's Privacy).

1. Definitions and interpretation

In this Agreement, the following terms have the meanings set out below:

“Application” means the home education software application known as Spark, including all updates, upgrades, and supplementary content made available by Spark from time to time, whether accessed via browser, mobile device, or desktop;

“Authorised Tutor” means any individual tutor, educational professional or other organisation whom you have authorised to access the Child's Learning Journal through the Application by creating a Tutor Access Link, and whose access you remain responsible for at all times;

“Child” means the minor child (or children) in respect of whom you hold parental responsibility, being under the age of 18 years;

“Content” means all text, images, audio, video, interactive materials, assessments, and other educational resources made available through the Application;

“Device” means any computer, tablet, smartphone, or other electronic device on which the Application is installed or accessed;

“Fees” means any fees payable as applicable by you for use of the Spark Application;

“Intellectual Property Rights” means all patents, copyrights, trade marks, database rights, design rights, rights in software, and all other intellectual property rights, whether registered or unregistered, anywhere in the world;

“Learning Journal” means the record of the Child's learning activities, progress, work samples, assessments, and educational milestones created and maintained within the Application by you and any Authorised Tutor;

“Licence” means the limited, non-exclusive, non-transferable right to access and use the Application granted under clause 3;

“Parent Account” means the account registered in your name as parent or guardian;

“Personal Data” has the meaning given to it in the UK GDPR;

“Subscription” means the applicable subscription tier (if any) selected by you from time to time;

“Tutor Access Link” means a restricted-access link generated by you within the Application to enable an Authorised Tutor to view and contribute to the Child's Learning Journal;

“UK GDPR” means the retained version of Regulation (EU) 2016/679 as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018, as amended by the Data (Use and Access) Act 2025;

“User-Generated Content” means any content, materials, or data uploaded, submitted, or created by you, or an Authorised Tutor through the Application; and

“Working Day” means any day other than a Saturday, Sunday, or public holiday in England and Wales.

References to “you” and “your” include references to you in your capacity as parent or legal guardian.

Clause headings are for convenience only and shall not affect interpretation.

Where this Agreement requires something to be done in writing, that includes by email to the address specified in clause 17.

2. Eligibility and parental responsibility

2.1 To enter into this Agreement and register for the Application, you must:

• 2.1.1 be aged 18 years or over;
• 2.1.2 hold parental responsibility for the Child within the meaning of the Children Act 1989; and
• 2.1.3 be resident in the United Kingdom.

2.2 By accepting this Agreement, you represent and warrant that you meet the conditions in clause 2.1 and that you have the legal authority to agree to these terms on behalf of the Child.

2.3 You are solely responsible for ensuring that the Application is used only by you in connection with the Child's education, and not by any other person without Spark's prior written consent.

3. Application scope and features

3.1 The Application enables you to:

• 3.1.1 create and maintain a Learning Journal documenting the Child's home education, including recording learning activities, uploading work samples, adding written observations, and tracking educational progress and milestones over time; and
• 3.1.2 invite an Authorised Tutor to access and contribute to the Child's Learning Journal by generating a Tutor Access Link, subject to clause 4.

3.2 The Application is a tool to support and evidence home education. It does not constitute a regulated educational service, and Spark does not assess, validate, or make any representation as to the adequacy of the education recorded within the Learning Journal.

3.3 You are solely responsible for the accuracy, completeness, and appropriateness of all content recorded in the Learning Journal.

3.4 Where you enable and use the AI functionality, you authorise the AI tool to review, and/or process your child's personal data and Learning Journal in the Application, for the purpose of assisting your learning journey and providing learning recommendations.

3.5 The AI tool's outputs are advisory only and do not constitute decisions, or recommendations on which you are entitled to rely without review. Spark gives no warranty as to the accuracy, completeness, or fitness for the purpose of any output.

4. Tutor access

4.1 You may grant an Authorised Tutor access to the Child's Learning Journal by generating a Tutor Access Link within the Application, or by approving access in the Application. By doing so, you:

• 4.1.1 confirm that you have identified and verified the Authorised Tutor and are satisfied that it is appropriate for that individual to access the Child's Learning Journal and Personal Data;
• 4.1.2 authorise the Authorised Tutor to view and contribute entries to the Child's Learning Journal for the purpose of supporting the Child's home education; and
• 4.1.3 accept full responsibility for all activity carried out by the Authorised Tutor through the Tutor Access Link.

4.2 An Authorised Tutor's access is limited to viewing and contributing to the Child's Learning Journal. An Authorised Tutor may not access your Parent Account, amend account settings, or take any other action within the Application.

4.3 You may revoke an Authorised Tutor's access at any time by deactivating the relevant Tutor Access Link within your account settings. Revocation takes effect immediately upon deactivation. However, you acknowledge and agree that the Tutor's entries or contributions to your Child's Learning Journal will remain following any deactivation and the entries will not be removed or affected by any such deactivation of an Authorised Tutor.

4.4 Spark is not responsible for any content contributed to the Learning Journal by an Authorised Tutor. You shall ensure that any Authorised Tutor uses the Application in accordance with this Agreement and shall be liable for any breach of this Agreement caused by an Authorised Tutor's use of the Tutor Access Link.

5. Grant of licence

5.1 Subject to your compliance with this Agreement and payment of any applicable Fees, Spark grants you a limited, non-exclusive, non-transferable, revocable Licence to:

• 5.1.1 download or access the Application on the number of Devices permitted under your Subscription;
• 5.1.2 use the Application for the personal, non-commercial home education of the Child, including creating, maintaining and sharing the Child's Learning Journal; and
• 5.1.3 access and use the Content made available within the Application solely for the purposes of the Child's education.

5.2 The Licence begins on the date you accept this Agreement and continues for the duration of your active Subscription or, where no Subscription is required, until terminated in accordance with clause 17.

5.3 All rights not expressly granted under this Agreement are reserved to Spark.

6. Permitted use

6.1 You may use the Application only for the lawful, personal, non-commercial home education of the Child. You shall not, and shall ensure that any Authorised Tutor does not:

• 6.1.1 copy, reproduce, modify, adapt, translate, or create derivative works of the Application or any Content, except as expressly permitted by law;
• 6.1.2 reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application, except to the extent permitted by section 50B of the Copyright, Designs and Patents Act 1988;
• 6.1.3 sell, sublicence, rent, lend, transfer, or otherwise make the Application available to any third party other than as expressly permitted under clauses 4 and 5;
• 6.1.4 use the Application for any commercial purpose, including resale or provision of educational services to third parties for reward, save that an Authorised Tutor may use the Application in the course of providing tutoring services to the Child;
• 6.1.5 remove, obscure, or alter any proprietary notices, labels, or marks on the Application or Content;
• 6.1.6 use the Application in any manner that is unlawful, harmful, abusive, harassing, defamatory, or objectionable; or
• 6.1.7 attempt to gain unauthorised access to any part of the Application, its servers, or related systems.

6.2 You shall take all reasonable steps to ensure the security of your Parent Account login credentials and of any Tutor Access Link you generate, and shall notify Spark promptly if you become aware of any unauthorised use of your account or any such link.

7. Account registration and management

7.1 To access the Application, you must create a Parent Account providing accurate and complete information as requested. You agree to keep this information up to date.

7.2 You are responsible for all activity that occurs under your Parent Account.

7.3 Spark reserves the right to suspend or terminate your account if it reasonably believes that registration information is inaccurate, incomplete, or misleading, or if your account is being used in breach of this Agreement.

7.4 You must implement all security measures recommended or required by Spark from time to time, including but not limited to two-factor authentication (2FA), without delay.

7.5 You must notify Spark immediately of any breach, or suspected breach of security or unauthorised use of your Spark account.

7.6 You acknowledge and agree that failure to comply with these security obligations may result in unauthorised access to your account and misuse of the Application for which you will remain fully liable.

7.7 You acknowledge that Spark requires mandatory two-factor authentication (2FA) for all users accessing the Spark Application as an essential security measure to protect against unauthorised access.

8. Subscriptions and payment

8.1 Where the Application is offered on a paid Subscription basis, the following terms apply:

• 8.1.1 Fees are as displayed on Spark's website or within the Application at the time of registration and are inclusive of VAT unless otherwise stated;
• 8.1.2 payment is due in advance for the relevant Subscription period (monthly or annual, as selected);
• 8.1.3 Spark will collect payment by the method you select at registration;
• 8.1.4 if any payment is not made on the due date, Spark may suspend access to the Application until payment is received; and
• 8.1.5 Spark may change Fees on not less than 30 days' written notice. If you do not accept a fee change, you may cancel your Subscription before the change takes effect in accordance with clause 17.

8.2 Where the Application is offered on a free-of-charge basis, clauses 8.1.1 to 8.1.5 do not apply.

9. Consumer cancellation and cooling-off rights

9.1 If you are a consumer (which you are for the purposes of this Agreement), you have the right to cancel this Agreement within 14 calendar days of the date on which your Subscription begins (the “Cooling-Off Period”), without giving any reason, pursuant to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

9.2 If you request that access to the Application begins during the Cooling-Off Period, you acknowledge that:

• 9.2.1 access to digital content during the Cooling-Off Period may affect your right to a full refund; and
• 9.2.2 if the Application has been fully performed during the Cooling-Off Period at your express request, you will lose your right to cancel once performance has begun.

9.3 To exercise your right to cancel within the Cooling-Off Period, you must notify us clearly.

9.4 If you validly cancel within the Cooling-Off Period, Spark will reimburse any payment received from you using the same payment method, without undue delay and no later than 14 days after receiving your cancellation notice, subject to any deduction for use during the Cooling-Off Period as permitted by law.

10. Updates and availability

10.1 Spark may from time to time update, modify, or withdraw features of the Application.

10.2 Spark will use commercially reasonable endeavours to ensure the Application is available and operational, but does not guarantee uninterrupted or error-free access. Planned maintenance will be carried out at times that minimise disruption to users.

10.3 Spark may require you to install updates as a condition of continued access to the Application. You agree to install such updates promptly.

11. Intellectual property

11.1 All Intellectual Property Rights in the Application and Content are and shall remain the sole property of Spark or its licensors. Nothing in this Agreement transfers any Intellectual Property Rights to you.

11.2 You grant Spark a non-exclusive, royalty-free, worldwide licence to use, store, and process any User-Generated Content solely for the purposes of operating the Application and providing the services to you. This licence ends when you delete the User-Generated Content or close your account, subject to any retention obligations under applicable law.

11.3 You may from time to time provide suggestions, comments, ideas, or other feedback relating to Spark's products or services. All Feedback is provided voluntarily and without any obligation of confidence on the part of Spark.

11.4 All intellectual property rights in any feedback, improvements or derivative works based on it (collectively, “Feedback IP”) shall vest in Spark immediately upon creation. To the extent any Feedback IP does not vest automatically, you hereby assign (and agree to assign) to Spark all right, title, and interest in and to the Feedback IP with full title guarantee.

11.5 You waive, and shall procure that its personnel waive, all moral rights in each Feedback Item to the extent permitted by law.

11.6 You represent and warrant that any User-Generated Content you upload does not infringe the Intellectual Property Rights of any third party. You shall indemnify Spark against any claims, losses, or damages arising from a breach of this clause 11.

12. Content and educational standards

12.1 The Application is designed to support home education, but Spark does not represent or warrant that the Content will meet the requirements of any particular national curriculum or examination specification. You are responsible for verifying that the Content is suitable for the Child's educational needs.

12.2 Content is provided for educational support purposes only. Spark is not a registered school, academy, or educational establishment and does not provide regulated educational services.

12.3 Spark reserves the right to modify, remove, or add Content at any time.

13. Third-party services and links

13.1 The Application may contain links to, or integrate with, third-party websites or services. Spark does not control and is not responsible for the content, privacy practices, or availability of such third-party services.

13.2 Your use of any third-party service is at your own risk and subject to that third party's terms and conditions. Spark recommends that you review the terms and privacy policy of any third-party service before using it.

14. Warranties

14.1 Spark warrants that:

• 14.1.1 it has the right to grant the Licence under this Agreement;
• 14.1.2 the Application will perform substantially in accordance with any published specification or description for a period of 90 days from the start of your Subscription; and
• 14.1.3 it will use reasonable skill and care in providing the Application.
• 14.1.4 In respect of any defect covered by clause 14.1.2, your remedy (as a consumer under the Consumer Rights Act 2015) is to require Spark to repair or replace the digital content, or, if repair or replacement is not possible or not done within a reasonable time, to receive a price reduction or a full refund.

14.2 Nothing in this Agreement limits or excludes any statutory rights you have as a consumer that cannot be excluded or limited by law, including your rights under the Consumer Rights Act 2015.

15. Limitation of liability

15.1 Nothing in this Agreement limits or excludes Spark's liability for:

• 15.1.1 death or personal injury caused by Spark's negligence;
• 15.1.2 fraud or fraudulent misrepresentation; or
• 15.1.3 any other liability that cannot be excluded or limited under applicable law, including liability under the Consumer Rights Act 2015.

15.2 Subject to clause 16.1, Spark shall not be liable, whether in contract, non-contractual liability, or otherwise, for:

• 15.2.1 any loss of educational opportunity, academic attainment, or learning outcome;
• 15.2.2 any indirect or consequential loss; or
• 15.2.3 any loss caused by events outside Spark's reasonable control.

15.3 Subject to clauses 15.1 and 15.2, Spark's total aggregate liability to you under or in connection with this Agreement shall not exceed the greater of (i) the total Fees paid by you in the 12 months immediately preceding the event giving rise to the claim; or (ii) £100.

15.4 As a consumer, you may have rights under the Consumer Rights Act 2015 and other applicable legislation that are in addition to, and not excluded by, the terms of this clause 16.

16. Data protection and children's privacy

16.1 Spark processes Personal Data in accordance with the UK GDPR, the Data Protection Act 2018. Full details of how Spark processes Personal Data, including the Personal Data of children, are set out in Spark's Privacy Notice.

16.2 As the Child's parent or guardian, you are responsible for providing consent (where consent is the lawful basis relied upon) on the Child's behalf for the processing of the Child's Personal Data within the Application.

16.3 Spark shall, in relation to Personal Data processed through the Application:

• 16.3.1 limit data collection to what is necessary for the provision of the educational service;
• 16.3.2 not use the Child's Personal Data for profiling, behavioural advertising, or any commercial purpose not directly related to the provision of the educational service;
• 16.3.3 implement appropriate technical and organisational measures to protect Personal Data against unauthorised access, loss, or disclosure; and
• 16.3.4 notify you without undue delay if Spark becomes aware of a personal data breach that is likely to affect the Child's Personal Data.

16.4 In relation to the Learning Journal specifically:

• 16.4.1 the content of the Learning Journal, including all entries made by you or an Authorised Tutor, constitutes Personal Data of the Child and is processed in line with our Privacy Notice;
• 16.4.2 you are responsible for ensuring that any content you or an Authorised Tutor record in the Learning Journal is accurate and appropriate; and
• 16.4.3 Spark will not access or use the content of the Learning Journal for any purpose other than providing and operating the Application, except as required by law.
• 16.4.4 Where the law requires us to access Learning Journal content, we will let you know if possible.

16.5 In relation to Tutor Access Links, you acknowledge that granting an Authorised Tutor access to the Child's Learning Journal involves sharing the Child's Personal Data with that individual or organisation. You are responsible for ensuring that such sharing is appropriate and accept that Spark is not responsible for the Authorised Tutor's handling of the Child's Personal Data.

16.6 You may exercise your data subject rights (and those of the Child, as their parent or guardian) by contacting Spark's data protection contact at [email protected]. Spark will respond within the timeframes required by the UK GDPR.

16.7 Spark does not transfer the Child's Personal Data outside the United Kingdom except where an appropriate transfer mechanism is in place in accordance with Chapter V of the UK GDPR.

17. Term and termination

17.1 This Agreement commences on the date you accept it and continues until terminated in accordance with this clause 18.

17.2 You may terminate this Agreement at any time by:

• 17.2.1 cancelling your Subscription through your account settings or by contacting [email protected]; and
• 17.2.2 ceasing all use of the Application and deleting it from all Devices.

17.3 Spark may terminate this Agreement or suspend your access immediately on written notice if:

• 17.3.1 you materially breach this Agreement and (where the breach is capable of remedy) fail to remedy it within 14 days of being notified;
• 17.3.2 you fail to pay any Fees when due; or
• 17.3.3 Spark reasonably believes that continued access poses a risk to the safety or welfare of the Child or other users.

17.4 Spark may also terminate this Agreement for convenience on not less than 30 days' written notice. In such circumstances, Spark shall refund any prepaid Fees on a pro-rata basis for the unexpired portion of the Subscription period.

17.5 On termination of this Agreement:

• 17.5.1 the Licence immediately ceases and all Tutor Access Links are automatically deactivated;
• 17.5.2 you must delete the Application from all Devices; and
• 17.5.3 Spark shall delete or anonymise your Personal Data and the Child's Personal Data in accordance with its Privacy Notice, subject to any retention obligations under applicable law.

17.6 Clauses 11 (Intellectual Property), 15 (Limitation of Liability), 16 (Data Protection), and 20 (Governing Law) survive termination.

18. Changes to this Agreement

18.1 Spark may update this Agreement from time to time to reflect changes in law, regulation, or the Application's functionality. Spark will notify you of any material changes by email to your registered address or by a notice within the Application.

18.2 If you do not accept a material change, you may terminate this Agreement before the change takes effect in accordance with clause 17.2. Continued use of the Application after the effective date of a change constitutes acceptance of the revised Agreement.

18.3 Non-material changes (such as corrections of typographical errors or clarifications that do not affect your rights) may be made without prior notice.

19. Notices

19.1 Notices from Spark to you will be sent to the email address associated with your Parent Account or posted within the Application.

19.2 Notices from you to Spark should be sent to:

• 19.2.1 by email: [email protected]; or
• 19.2.2 by post: Furlong House, 2 Willie Snaith Road, Newmarket, England, CB8 7SG

19.3 Notices sent by email shall be deemed received on the day of transmission (provided no delivery failure notification is received). Notices sent by pre-paid first-class post shall be deemed received 48 hours after posting.

20. Governing law and jurisdiction

20.1 This Agreement and any non-contractual obligations arising out of or in connection with it are governed by the law of England and Wales.

20.2 The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement. If you are resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of Scotland or Northern Ireland respectively. Nothing in this clause affects your rights under applicable consumer protection law to bring proceedings in the courts of the part of the United Kingdom where you are resident.

21. General

21.1 Entire Agreement: This Agreement, together with the Privacy Notice referred to in clause 16, constitutes the entire agreement between you and Spark relating to the Application and supersedes all prior representations, agreements, or understandings.

21.2 Severance: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

21.3 Waiver: A failure or delay by Spark to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy.

21.4 Third Party Rights: This Agreement does not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999. For the avoidance of doubt, the Child is not a party to this Agreement and acquires no independent rights under it.

21.5 Assignment: You may not assign or transfer your rights or obligations under this Agreement without Spark's prior written consent. Spark may assign this Agreement to any successor entity or in connection with a reorganisation, merger, or sale of its business, provided that your rights under this Agreement are not materially diminished.