Provider: Fruitify Labs Ltd (“Fruitify”, “we”, “our”, “us”)
Contact: support@fruitify.co.uk
You accept and agree to these Terms & Conditions when creating an account or using the Platform.
If you are a teacher or education professional using the Platform independently through a free or trial account, you confirm that you are responsible for ensuring your use of the Platform is permitted by your employer, school, trust, academy, or other relevant educational institution.
Fruitify does not require prior school approval before you create an account or begin using the Platform. However, by registering and uploading any information, you confirm that you have considered and accepted responsibility for ensuring your use of the Platform complies with your professional obligations, your institution’s policies, and applicable data protection laws.
1. Purpose & Scope
1.1 Fruitify is a platform for teachers to mark student work, generate feedback, and analyse classroom trends.
1.2 These Terms govern your use of the Platform, your obligations and rights, and how we process data.
2. Individual Teacher Accounts
2.1 Fruitify may allow teachers and education professionals to create individual free or trial accounts without prior verification or approval from their school, employer, trust, academy, or other organisation.
2.2 These accounts are intended for individual users exploring or using the Platform for educational purposes. Creating an account does not create a contractual relationship between Fruitify and the user’s employer, school, trust, academy, or other organisation.
2.3 By creating an account, you confirm that:
(a) you are responsible for ensuring that your use of the Platform is permitted under any applicable employment obligations, professional requirements, or organisational policies;
(b) you have the necessary authority and permissions before uploading any student information or personal data; and
(c) you remain responsible for ensuring your use of the Platform complies with applicable data protection and safeguarding requirements.
2.4 Fruitify does not verify whether individual users have obtained approval from their employer, school, trust, academy, or other organisation before using the Platform. Any internal approvals, permissions, or authorisations required for your use of the Platform remain your responsibility.
2.5 If your school, trust, academy, or organisation later enters into a separate agreement with Fruitify, those arrangements may be governed by separate terms, agreements, or data processing documentation.
3. Roles & Data Responsibility
3.1 You are responsible for ensuring that you have the appropriate authority to upload and process any data entered into the Platform. Where you are using the Platform in connection with your employment, you are responsible for ensuring that your use is consistent with your organisation’s policies and requirements.
3.2 Where Fruitify processes personal data on behalf of an organisation or authorised user, Fruitify acts as a data processor and processes such data only in accordance with applicable data protection laws, including UK GDPR.
3.3 You are solely responsible for ensuring that all data you upload or manage via the Platform complies with relevant data protection legislation and your institution’s policies.
4. Personal Identifiers & Liability
4.1 The Platform is designed to support educational workflows while minimising unnecessary processing of personal data. You should avoid entering identifiable student data unless you have the appropriate authority and lawful basis to do so.
4.2 If you choose to upload student personal data without obtaining required approval from your school, employer, or relevant authority, you do so at your own risk and responsibility. Fruitify shall not be responsible for any consequences arising from your failure to obtain appropriate permissions or comply with your organisation’s policies.
4.3 Fruitify disclaims all liability, to the fullest extent permitted by law, for any misuse, breach, or regulatory consequences arising from data you choose to upload.
4.4 You shall indemnify, defend, and hold Fruitify harmless from any claims, fines, losses, or damages arising from your non-compliance or misuse of personal data.
5. Data Use, Subprocessors & Security
5.1 We process data solely to provide the Platform’s features, improve services, maintain system operations, and generate anonymised analytics.
5.2 We currently engage subprocessors (e.g. AWS, Microsoft Azure, Langfuse). A current list can be requested from us at any time.
5.3 We may add or change subprocessors from time to time. Where required, we will provide relevant information regarding such changes.
5.4 We maintain industry-standard technical and organisational measures (including, but not limited to, encryption and access controls) to protect data integrity and confidentiality.
5.5 If a data breach occurs, we will notify you promptly in accordance with applicable legal requirements and work with you to mitigate any potential harm.
6. Data Retention & Deletion
6.1 While your account is active, data (including identifiable and anonymised data) will be retained as necessary to provide the Platform and its features.
6.2 Following termination or expiry of your account, we will delete or irreversibly anonymise identifiable data within 6 months (or earlier upon request), unless we are required or permitted to retain such data under applicable law.
6.3 We may retain anonymised and aggregated data indefinitely for research, analytics, and Platform improvement purposes.
6.4 You may request deletion of your data at any time, subject to applicable legal exceptions, using the procedure described in our Data Handling Agreement.
7. Acceptable Use & Account Security
7.1 You agree to:
(a) use the Platform solely for teaching, assessment, and educational purposes;
(b) safeguard your login credentials and promptly notify Fruitify of any unauthorised access to your account;
(c) not attempt to reverse engineer, copy, alter, or disrupt the Platform or any underlying systems;
(d) not upload or distribute unlawful, harmful, defamatory, or inappropriate content;
(e) comply with applicable safeguarding, data protection, and other relevant policies applicable to your use of the Platform; and
(f) ensure that any student information uploaded to the Platform has been entered with appropriate permission and authority, and in accordance with applicable safeguarding and data protection requirements.
8. Intellectual Property & Outputs
8.1 Fruitify retains all rights, title, and interest in and to the Platform, software, algorithms, documentation, and any underlying technology.
8.2 You are granted a limited, non-exclusive, non-transferable licence to use the Platform for personal educational use and teaching-related activities.
8.3 Outputs generated through the Platform, including marked work, feedback, and analytics, may be exported and used for educational purposes.
8.4 You shall not redistribute, commercialise, licence, sell, or embed the Platform or its outputs beyond your own educational use without Fruitify’s prior written permission.
9. Disclaimer & Liability Cap
9.1 The Platform is provided “as is”, without warranties of uninterrupted availability, error-free operation, or fitness for a particular purpose.
9.2 To the fullest extent permitted by law, Fruitify excludes liability for any indirect, special, punitive, or consequential damages arising out of or in connection with your use of the Platform.
9.3 Our aggregate liability to you under these Terms shall not exceed the amount paid by you (if any) in the preceding 12 months for the service.
9.4 Nothing in these Terms shall exclude or limit liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
10. Audit, Verification & Compliance
10.1 On reasonable request and subject to confidentiality obligations and applicable restrictions, you may request evidence of our security, compliance, or data protection practices, such as relevant audit reports or certifications.
10.2 We may require you to enter into a separate Data Processing Addendum or other documentation where required by applicable law or where appropriate for your use of the Platform.
11. Termination & Suspension
11.1 We may suspend or terminate your access to the Platform if you breach these Terms, your account ends, or where necessary for security, legal, or compliance reasons.
11.2 Following termination, we will follow the data deletion and anonymisation procedures described in Section 6.
11.3 Any rights, remedies, or obligations that have accrued before termination, including those relating to indemnities and liability, shall survive termination.
12. Updates to These Terms
12.1 We may update these Terms from time to time to reflect changes to our services, legal requirements, or business practices.
12.2 Where we make significant changes that materially affect your rights or obligations, we will provide reasonable notice, where practicable, and at least 30 days’ notice where required.
12.3 If you do not agree to updated Terms, you may stop using the Platform. Your continued use of the Platform after the effective date of the updated Terms will constitute acceptance of those changes.
12.4 Minor or technical updates may take effect immediately.
13. Governing Law & Dispute Resolution
13.1 These Terms and any disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.
13.2 The courts of England and Wales shall have exclusive jurisdiction to resolve any disputes arising out of or in connection with these Terms, unless otherwise agreed in writing.
14. Contact & Notices
14.1 For questions about these Terms, data protection matters, or requests relating to your data (including deletion requests or compliance enquiries), please contact:
Fruitify Labs Ltd
Email: support@fruitify.co.uk
14.2 Notices under these Terms may be sent electronically, including by email or through Platform notifications, or by registered mail to the address we have on file.
15. Declaration
15.1 By accepting these Terms, you confirm that:
(a) you have read, understood, and agree to these Terms;
(b) you are responsible for ensuring that any data uploaded to the Platform is uploaded lawfully and appropriately; and
(c) you agree to use the Platform in accordance with these Terms.