Terms and Conditions

1. Introduction and Acceptance

Welcome to Moodly, an emotional wellbeing platform designed for educational settings. These Terms and Conditions ('Terms') govern your access to and use of the Moodly platform, including the Teacher Portal (portal.moodly.education), Learner App (submit.moodly.education), and our website (moodly.education).

By accessing or using Moodly, you confirm that you have read, understood, and agree to be bound by these Terms. If you are agreeing to these Terms on behalf of an educational institution ('School'), you represent that you have the authority to bind that organisation.

We may update these Terms from time to time. We will notify registered users of material changes via email or through the platform. Continued use after such notification constitutes acceptance of the updated Terms.

2. Definitions

In these Terms:

Key Terms

'Platform' means the Moodly software, including the Teacher Portal, Learner App, and all related services.
'School' or 'Organisation' means the educational institution that has registered for and administers a Moodly account.
'Staff User' means any teacher, administrator, welfare officer, or other school staff member with access to the Teacher Portal.
'Student' or 'Learner' means any pupil who uses the Learner App to submit check-ins.
'Check-in' means the daily emotional wellbeing submission made by Students via the Learner App.
'Welfare Escalation' means the process by which concerning check-ins are flagged to designated welfare staff.
'AI Assistant' means the artificial intelligence feature that provides guidance to Staff Users on student wellbeing matters.
'Personal Data' has the meaning given in the UK General Data Protection Regulation (UK GDPR).
'Special Category Data' means personal data revealing racial or ethnic origin, health data, and data concerning a child's mental or emotional state.

3. Service Description

Moodly is an emotional wellbeing platform that enables Schools to monitor and support student welfare. The platform includes:

3.1 Core Features

Daily Emotional Check-ins: Students use simple emoji-based interfaces to report their current emotional state, with optional notes.
Welfare Escalation System: Automatic flagging of concerning responses to designated welfare officers, with configurable alert thresholds.
Teacher Portal: Dashboard for Staff Users to view class and school-wide wellbeing data, analytics, and trends.
Learner App: Student-facing application for submitting check-ins, viewing affirmations, and completing surveys.
Analytics and Reporting: Comparative dashboards, trend analysis, and exportable reports.

3.2 Additional Features (Plan Dependent)

Affirmations: Peer recognition system promoting positive acknowledgment.
Surveys: Customisable school-wide surveys with analytics.
AI Assistant: Evidence-based guidance for teachers on wellbeing support strategies.
Multi-School Management: Centralised administration for Multi-Academy Trusts.
Data Export: PDF and data export functionality for reporting and safeguarding documentation.

3.3 Service Tiers

Free: Basic check-in functionality, 1 classroom, 7-day data history.
Pro: Enhanced features including unlimited history, surveys, and notes. 14-day free trial available.
Premium: Full school deployment with welfare escalations and school-wide analytics.
Enterprise/Multi-School: Custom pricing for Multi-Academy Trusts with centralised management.
Current pricing is available at moodly.education/pricing. Prices are subject to change with 30 days' notice to active subscribers.

4. Users, Eligibility and Access

4.1 School Registration

Schools register for Moodly through designated administrators who become the primary account holders.
The registering administrator must have authority to agree to these Terms on behalf of the School.
Schools are responsible for ensuring their use of Moodly complies with applicable laws and their own policies.

4.2 Staff Users

Staff Users are individuals authorised by the School to access the Teacher Portal.
Staff accounts must be created using school email addresses.
Schools are responsible for managing Staff User permissions and access levels.
There are multiple permission levels (e.g., Teacher, Welfare Lead, Administrator) with varying access rights.

4.3 Students and Parental Consent

The Platform is designed for use by students of all ages within educational settings.
Students access the Learner App via PIN-based authentication provided by their School.
Schools are responsible for obtaining any necessary parental or guardian consent before enabling student access.
Schools must ensure their use of Moodly complies with the UK Age Appropriate Design Code and relevant safeguarding requirements.
Moodly processes student data on behalf of and under the instruction of the School, which acts as the Data Controller.

5. Data Protection and Privacy

This section should be read alongside our Privacy Policy, which provides detailed information about how we handle personal data.

5.1 Roles and Responsibilities

The School is the Data Controller for all student and staff personal data processed through Moodly.
Mr G Education Ltd is the Data Processor, processing data only on the School's behalf and in accordance with their instructions.
Our Data Processing Agreement (DPA) is published at moodly.education/dpa and forms part of these Terms for Schools processing personal data. Schools may also request a signed version.

5.2 Special Category Data

Moodly processes special category data including children's emotional states and mental health indicators.
This processing is carried out under UK GDPR Article 9(2)(g) for reasons of substantial public interest in safeguarding children.
Schools must ensure appropriate safeguards are in place as required under UK GDPR.

5.3 Children's Data

We are committed to protecting children's data in accordance with the UK GDPR and the ICO's Age Appropriate Design Code.
Student data is only visible to authorised School staff.
We do not use children's data for marketing, profiling, or advertising purposes.
We implement appropriate technical and organisational measures to protect student data.

5.4 Data Retention

Free tier: Classroom data is retained until the user creates a new class, at which point the previous class data is replaced.
Paid tiers: Classroom data, including all student submissions, is deleted 7 days after the School deletes the class within the application.
Upon subscription termination, Schools may request data export within 30 days.
Anonymised, aggregated data may be retained for research and improvement purposes.

5.5 Data Security

All data is encrypted in transit and at rest.
Access controls ensure staff only see data relevant to their role.
We maintain appropriate technical and organisational security measures.
Data is hosted within the United Kingdom/European Economic Area.

6. AI Assistant Terms

The AI Assistant feature provides Staff Users with evidence-based guidance on student wellbeing matters. By using this feature, you agree to the following:

6.1 Nature of AI Guidance

The AI Assistant provides general educational guidance only, not clinical, medical, or therapeutic advice.
AI responses are generated based on general wellbeing best practices and should not replace professional judgement.
Staff Users remain responsible for all decisions regarding student welfare.
The AI Assistant does not have access to individual student check-in data or personal information.

6.2 Limitations

AI responses may occasionally be inaccurate, incomplete, or inappropriate for specific situations.
Do not rely on AI guidance for safeguarding decisions, crisis intervention, or medical matters.
Always consult appropriate professionals (educational psychologists, CAMHS, safeguarding leads) for serious concerns.
AI usage is subject to monthly credit limits based on your subscription tier.

6.3 Data Processing

Queries to the AI Assistant are processed to generate responses.
No identifiable student data should be included in AI queries.
AI interactions may be logged for quality improvement and abuse prevention.
We use third-party AI infrastructure; queries are processed in accordance with our Privacy Policy.

7. User Content and Submissions

7.1 Types of User Content

Check-in submissions (emoji selections and optional notes)
Affirmations and peer recognitions
Survey responses
Follow-up notes added by Staff Users
Escalation comments and welfare notes

7.2 Ownership and Licensing

The School retains ownership of all user content submitted through the Platform.
Schools grant Moodly a limited licence to store, process, and display content solely for providing the service.
We do not claim ownership of student submissions or school data.

7.3 Prohibited Content

Users must not submit content that is unlawful, harmful, threatening, abusive, or otherwise objectionable.
Schools are responsible for moderating content submitted by their users.
We reserve the right to remove content that violates these Terms.

8. Welfare Escalations and Safeguarding

8.1 Escalation System

The welfare escalation system automatically flags check-ins that indicate potential concerns.
Escalation thresholds are configurable by the School.
Designated welfare leads receive notifications for flagged check-ins.

8.2 School Responsibility

Moodly is a monitoring and alerting tool, not a substitute for professional safeguarding procedures.
Schools are solely responsible for acting on welfare alerts and following their safeguarding policies.
Schools must ensure designated staff review escalations in a timely manner.
We do not guarantee identification of all welfare concerns; Moodly supplements but does not replace direct observation and professional judgement.

8.3 Limitations

Moodly does not provide crisis intervention services.
In emergencies, contact appropriate emergency services directly.
We are not responsible for actions or inactions taken by Schools in response to platform data.

9. Payment and Subscriptions

9.1 Subscription Terms

Paid subscriptions are billed monthly or annually as selected.
Payment is processed securely via Stripe. We do not store payment card details.
Subscriptions automatically renew unless cancelled before the renewal date.

9.2 Free Trials

Pro tier includes a 14-day free trial for new users.
Premium tier includes a school-wide trial period for evaluation.
No payment details are required to start a free trial.
Upon Pro trial expiry, accounts revert to Free tier unless upgraded.
Upon Premium/school trial expiry, accounts revert to unlicensed status unless a subscription is purchased.

9.3 Refunds and Cancellation

Annual subscriptions: Pro-rata refunds may be available within 30 days of payment.
Monthly subscriptions: No refunds for partial months; cancellation takes effect at period end.
Contact info@moodly.education for refund requests.

9.4 Price Changes

We may change prices with 30 days' notice to existing subscribers.
Price changes take effect at the next renewal period.
Current pricing is always available at moodly.education/pricing.

10. Intellectual Property

10.1 Our Rights

Moodly, including all software, design, content, and branding, is owned by Mr G Education Ltd.
These Terms grant you a limited, non-exclusive, non-transferable licence to use the Platform.
You may not copy, modify, distribute, or reverse engineer any part of the Platform.

10.2 Feedback

If you provide suggestions, feedback, or ideas, we may use them without obligation to you.
Feedback does not create any confidentiality obligation on our part.

11. Limitation of Liability

11.1 Service Warranty

Moodly is provided 'as is' without warranties of any kind, express or implied.
We do not guarantee uninterrupted, error-free, or secure access to the Platform.
We are not responsible for decisions made based on Platform data.

11.2 Liability Limits

To the maximum extent permitted by law, our liability for any claims arising from these Terms or use of the Platform is limited to the fees paid by you in the 12 months preceding the claim.
We are not liable for indirect, incidental, special, consequential, or punitive damages.
Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

11.3 Safeguarding Disclaimer

Moodly is a supportive tool and does not replace professional safeguarding, medical, or therapeutic services.
Schools remain fully responsible for student welfare and safeguarding.
We are not liable for any failure to identify or respond to welfare concerns.

12. Indemnification

You agree to indemnify and hold harmless Mr G Education Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

Your use of the Platform

Violation of these Terms

Violation of any third-party rights

Any content submitted through your accounts

Failure to comply with applicable laws or regulations

13. Termination

13.1 Termination by You

You may terminate your account at any time via the platform settings or by contacting support.
Termination takes effect at the end of the current billing period for paid subscriptions.

13.2 Termination by Us

We may suspend or terminate accounts that violate these Terms.
We may terminate free accounts that have been inactive for 12 months.
We will provide reasonable notice before termination except in cases of serious violation.

13.3 Effect of Termination

Upon termination, your access to the Platform will cease.
You may request data export within 30 days of termination.
We will delete your data in accordance with our Privacy Policy and legal obligations.
Provisions relating to intellectual property, liability, and governing law survive termination.

14. Third-Party Services

Moodly integrates with and relies upon third-party services:

14.1 Payment Processing

Payments are processed by Stripe. Use of payment services is subject to Stripe's terms.

14.2 Infrastructure

The Platform is hosted on third-party cloud infrastructure.
We ensure our infrastructure providers meet appropriate security and data protection standards.

14.3 AI Services

The AI Assistant uses third-party AI models.
No identifiable student data is passed to AI providers.

15. Governing Law and Disputes

These Terms are governed by the laws of England and Wales.

Any disputes arising from these Terms or use of the Platform will be subject to the exclusive jurisdiction of the courts of England and Wales.

Before initiating legal proceedings, parties agree to attempt to resolve disputes through good-faith negotiation.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any DPA, constitute the entire agreement between you and Moodly.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect.

16.3 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

16.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations to an affiliate or successor.

16.5 Electronic Communications

By using Moodly, you consent to receiving electronic communications from us.
Electronic notices satisfy any legal requirement for written communication.

17. Contact Information

For questions about these Terms, please contact us:

Email: info@moodly.education

Website: moodly.education