Tutor Licence Agreement

This Authorised Tutor Licence Agreement (“Agreement”) is a legally binding contract between you, as an authorised tutor or educational professional granted access to the Application by a parent or guardian of a child user, and Spark Home Education Ltd 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 requesting access or accepting a Tutor access invitation and accessing the Application, you confirm that you have read, understood, and agree to be bound by this Agreement.

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

Your attention is drawn in particular to clause 10 (Limitation of Liability) and clause 11 (Data Protection).

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;

“Authorising Parent” means the parent or guardian who holds a Parent Account under the Parent Licence Agreement and approves a Tutor having access to their child's Learning Journal (by sending an invitation or approving an access request from a Tutor).

“Child” means the minor child in respect of whom the Authorising Parent holds parental responsibility and on whose behalf the Authorising Parent has registered for the Application;

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

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

“Parent Licence Agreement” means the End User Licence Agreement entered into between the Authorising Parent and Spark governing the Authorising Parent's use of the Application;

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

“Tutor Access” means the access granted to you to contribute to the Child's Learning Journal within the Application following the invitation and approval described in clause 2, namely where either, a) you request access by inviting the Authorising Parent using their email address within the Application and the Authorising Parent approves that request, or (b) the Authorising Parent invites you to access 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; and

“User-Generated Content” means any content, materials, or data uploaded, submitted, or created by you, through the Application.

References to “you” and “your” include references to you in your capacity as an authorised tutor or educational professional granted access to the Child's Learning Journal under this Agreement.

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. Nature of access and relationship with Authorising Parent

2.1 Your access to the Application is conditional on the Authorising Parent having approved your access to the Child's Learning Journal, whether by approving an access request you have submitted (by inviting the Authorising Parent using their email address within the Application) or by the Authorising Parent inviting you. Spark does not grant you direct access to the Application independently of that approval.

2.2 The Authorising Parent is solely responsible for deciding to grant you access and for the appropriateness of doing so. Spark is not a party to any arrangement between you and the Authorising Parent and accepts no responsibility for the terms of any such arrangement.

2.3 The Authorising Parent may revoke your access at any time within the Application. Spark may also suspend or terminate your access in accordance with clause 12. You acknowledge that continued access is not guaranteed and that you have no right to demand reinstatement of revoked Tutor Access.

2.4 Nothing in this Agreement creates any employment, agency, partnership, or joint venture relationship between you and Spark.

3. Grant of licence

3.1 Subject to your compliance with this Agreement and the Authorising Parent's continuing approval of your Tutor Access, Spark grants you a limited, non-exclusive, non-transferable, revocable Licence to:

• 3.1.1 access the Application via your Tutor Access on any device; and
• 3.1.2 view and contribute entries to the Child's Learning Journal for the sole purpose of supporting the Child's home education.

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

3.3 The Licence begins when you first access the Application via your Tutor Access and continues until it is revoked or this Agreement is terminated in accordance with clause 12.

4. Scope of access

4.1 Your access to the Application is limited to viewing and contributing to the Child's Learning Journal on behalf of the Child. You may not, through your Tutor Access or otherwise:

• 4.1.1 access the Authorising Parent's account settings or any account administrative functions;
• 4.1.2 generate or share any any external access link;
• 4.1.3 access the Learning Journal of any child other than the Child to whom your Tutor Access relates, or view any entry created by the Authorised Parent or their family;
• 4.1.4 view or amend any payment, billing, or subscription information; or
• 4.1.5 take any action within the Application beyond contributing to and viewing the Child's Learning Journal.

4.2 Any functionality beyond the scope set out in clause 4.1 that may appear accessible to you must not be used. You shall notify Spark immediately at [email protected] if you become aware of any unintended access beyond this scope.

5. Permitted use and restrictions

5.1 You may use the Application only for the purpose of supporting the Child's home education in your capacity as a tutor or educational professional. You shall not:

• 5.1.1 copy, reproduce, modify, adapt, or create derivative works of the Application or any content within it, except as expressly permitted by law;
• 5.1.2 reverse engineer, decompile, or disassemble the Application, except to the extent permitted by section 50B of the Copyright, Designs and Patents Act 1988;
• 5.1.3 share, or transfer your Tutor Access (or any associated access credentials), or make the Tutor Access available to any third party;
• 5.1.4 use the Application or the Child's Learning Journal for any purpose other than supporting the Child's home education, including using it for commercial gain beyond the provision of tutoring services to the Child;
• 5.1.5 remove, obscure, or alter any proprietary notices on the Application; or
• 5.1.6 use the Application in any manner that is unlawful, harmful, abusive, or objectionable.

5.2 You shall take all reasonable steps to maintain the security of your Tutor Access, and any associated access credentials and shall notify Spark immediately at [email protected] if you become aware of any unauthorised use of or access via your Tutor Access.

6. User-Generated Content

6.1 You are solely responsible for all User-Generated Content you contribute to the Child's Learning Journal. You warrant that any such content:

• 6.1.1 is accurate, relevant to the Child's home education, and appropriate for a record that may be reviewed by the Authorising Parent;
• 6.1.2 does not infringe the Intellectual Property Rights of any third party; and
• 6.1.3 does not contain any unlawful, harmful, offensive, or inappropriate material.

6.2 You grant Spark a non-exclusive, royalty-free licence to use, store, and process your User-Generated Content solely for the purposes of operating the Application. This licence ends when the content is deleted or your access is terminated, subject to any applicable retention obligations.

6.3 You shall indemnify Spark against any claims, losses, or damages arising from a breach of clause 6.1.

7. Intellectual property

7.1 All intellectual property rights in the Application and its content are and shall remain the sole property of Spark or its licensors. Nothing in this Agreement transfers any intellectual property rights to you.

8. Updates and availability

8.1 Spark may update, modify, or withdraw features of the Application at any time. Spark will use commercially reasonable endeavours to ensure the Application is available but does not guarantee uninterrupted or error-free access.

8.2 Spark may require the installation of updates as a condition of continued access. You agree to install any such updates promptly.

9. Warranties

9.1 You represent and warrant to Spark that:

• 9.1.1 you are acting in the course of a genuine tutoring or educational professional relationship with the Child;
• 9.1.2 you have been duly authorised by the Authorising Parent to access the Child's Learning Journal; and
• 9.1.3 your use of the Application will comply with all applicable laws and regulations, including all applicable data protection legislation.

9.2 Spark warrants that it has the right to grant the Licence under this Agreement and will use reasonable skill and care in providing the Application. Spark does not warrant that the Application will be uninterrupted, error-free, or fit for any particular educational purpose.

10. Limitation of liability

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

• 10.1.1 death or personal injury caused by Spark's negligence; or
• 10.1.2 fraud or fraudulent misrepresentation.

10.2 Subject to clause 10.1, Spark shall not be liable, whether in contract, non-contractual liability, or otherwise, for:

• 10.2.1 any indirect or consequential loss;
• 10.2.2 any loss of income, revenue, or profit arising from your use of the Application;
• 10.2.3 any loss arising from the revocation of your Tutor Access by the Authorising Parent;
• 10.2.4 any loss arising from your failure to maintain the security of your Tutor Access; or
• 10.2.5 any loss caused by events outside Spark's reasonable control.

10.3 Subject to clauses 10.1 and 10.2, Spark's total aggregate liability to you under or in connection with this Agreement shall not exceed £100.

10.4 You access the Application in a professional capacity and not as a consumer. The exclusions and limitations in this clause 10 apply to the fullest extent permitted by applicable law.

11. Data protection

11.1 Each party shall comply with the UK GDPR, the Data Protection Act 2018, and all other applicable data protection laws in the performance of their respective obligations under this Agreement.

11.2 The parties agree to enter into a separate Data Sharing Agreement provided by Spark within the Application.

12. Term and termination

12.1 This Agreement commences on the date you first access the Application via your Tutor Access and continues until terminated in accordance with this clause 12.

12.2 You may terminate this Agreement at any time by ceasing all use of the Application and notifying Spark at [email protected].

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

• 12.3.1 you materially breach this Agreement and (where the breach is capable of remedy) fail to remedy it within 14 days of being notified;
• 12.3.2 your Tutor Access is revoked by the Authorising Parent or expires; or
• 12.3.3 Spark reasonably believes that continued access poses a risk to the safety or welfare of the Child or other users.

12.4 On termination of this Agreement:

• 12.4.1 the Licence immediately ceases and your Tutor Access is deactivated;
• 12.4.2 you must cease all use of the Application; and
• 12.4.3 Spark shall handle your Personal Data in accordance with its Privacy Notice, subject to any applicable retention obligations.

12.5 Clauses 6 (User-Generated Content), 7 (Intellectual Property), 10 (Limitation of Liability), 11 (Data Protection), and 15 (Governing Law) survive termination.

13. Changes to this Agreement

13.1 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 or by a prominent notice within the Application, providing not less than 30 days' advance notice.

13.2 If you do not accept a material change, you may terminate this Agreement before the change takes effect in accordance with clause 12.2. Continued use of the Application after the effective date of a change constitutes acceptance of the revised Agreement.

14. Notices

14.1 Notices from Spark to you will be sent to the email address you provided when your Tutor Access was approved or posted within the Application.

14.2 Notices from you to Spark should be sent to:

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

14.3 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.

15. Governing law and jurisdiction

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

15.2 The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.

16. General

16.1 Entire Agreement: This Agreement, together with the Data Sharing Agreement referred to in clause 11 and Spark's Privacy Notice, constitutes the entire agreement between you and Spark relating to the Application and supersedes all prior representations, agreements, or understandings.

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

16.3 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.

16.4 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 Authorising Parent and the Child are not parties to this Agreement and acquire no independent rights under it.

16.5 Assignment: You may not assign or transfer your rights or obligations under this Agreement. 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.