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Terms of service

The terms on which Grepus Limited provides Thena to your family.

Thena, a marble statue of a young Athena

Interpretation

  1. In these Terms of Service (these “Terms”):
    1. “we”, “us” and “our” mean Grepus Limited, a company incorporated in England and Wales under company number 17428640, whose registered office is at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom;
    2. “you” and “your” mean the individual who registers and holds a Family Account;
    3. “Child” means a child whom you add to your Family Account, and “Children” shall be construed accordingly;
    4. “Family Account” means the account through which you and your Children access the Service;
    5. “Service” means Thena, the tutoring service powered by artificial intelligence that we provide through our website, including all lessons, content, features and software made available through it;
    6. “Lesson” means a tutoring session delivered to a Child through the Service;
    7. “Lesson Time” means the time a Child spends in Lessons, counted from the start of each Lesson to its last exchange;
    8. “Plan” means a paid subscription to the Service, as described in clause 6, and “Billing Period” means the monthly or yearly period for which a Plan is paid in advance;
    9. “Exam Prep” means the optional addition to a Plan described in clause 6.8;
    10. “Top-up” means additional Lesson Time purchased under clause 6.10; and
    11. “Privacy Policy” means our privacy policy, as amended from time to time.
  2. Headings are for convenience only and do not affect the interpretation of these Terms. The words “including”, “include” and “for example” do not limit the generality of any words that precede them.

Our agreement with you

  1. These Terms constitute the agreement between you and us in relation to the Service. Please read them carefully before creating a Family Account. By creating a Family Account, you confirm that you accept these Terms and agree to comply with them.
  2. Our Privacy Policy explains how we process personal data in connection with the Service, and should be read together with these Terms.
  3. We may amend these Terms from time to time. Where an amendment materially affects you, we will notify you by email at least 30 days before it takes effect. If you do not accept the amendment, you may close your Family Account before it takes effect, and we will refund any fees you have paid in respect of any part of a Billing Period falling after the date of closure.

Your Family Account

  1. To register a Family Account, you must be at least 18 years of age and must be the parent or legal guardian of each Child you add, or have the consent of that Child’s parent or legal guardian to add them.
  2. Children may access the Service only through your Family Account and may not register an account themselves. We recommend that a responsible adult remains nearby whenever a Child uses the Service, as with any online service.
  3. You must ensure that the information you provide to us is accurate and complete, and keep it up to date. This includes each Child’s month and year of birth, which determines how the Service teaches that Child.
  4. You must keep your login credentials confidential. You are responsible for all activity that takes place under your Family Account, and must notify us without delay at [email protected] if you believe that it has been accessed without your authorisation.
  5. A Family Account is for the private, non-commercial use of the Children of a single family. You must not share it with any other family, or use it to teach a class or group, whether for payment or otherwise.

Nature of the Service

  1. The Service is delivered by Thena, an artificial intelligence system. Thena is not a human being or a qualified teacher, and identifies herself to Children as an artificial intelligence.
  2. The content of each Lesson is generated by artificial intelligence at the time it is delivered. Although we design and test the Service with care, generated content may contain errors, and you should verify any information on which you or your Children intend to rely.
  3. The Service is intended to support, and not to replace, a Child’s schooling, the instruction of a qualified teacher, or professional advice of any kind. We do not guarantee that use of the Service will achieve any particular educational outcome, grade or examination result.

Safeguarding

  1. Every message exchanged in a Lesson is reviewed by an automated safety system. Where that system indicates that a Child may be at risk, we will notify you by email without delay. The Service is also designed to steer away from unsuitable content, and to decline to complete work that a Child intends to submit as their own.
  2. These safeguards are an additional layer of protection only. They do not constitute a supervision, monitoring or emergency service, they may not detect every risk, and we do not contact the emergency services. If you believe that a Child is in immediate danger, call 999 in the United Kingdom or 911 in the United States.

Free Lessons, Plans, Exam Prep and Top-ups

  1. Each Family Account is entitled to three free Lessons. No payment details are required to take them.
  2. Thereafter, Lessons are available only under a Plan. We offer:
    1. the Solo Plan, for one Child; and
    2. the Family Plan, for up to three Children.

    Each Plan includes a monthly allowance of Lesson Time, shared by the Children on it. The current price and allowance of each Plan are set out on our pricing page. Replays of past Lessons, quick quizzes and practice papers do not use Lesson Time; going over a practice paper with Thena is a Lesson, and does.

  3. A Plan may be paid monthly or yearly in advance. It renews automatically at the end of each Billing Period at the price then in effect, and you authorise payment for the following Billing Period at that time, until you cancel in accordance with clause 7. Before a yearly Plan renews, we will remind you by email 30 days and again 7 days before the payment, and on a monthly Plan, 7 days before every sixth monthly payment.
  4. A Plan’s allowance of Lesson Time starts again each month on the day of the month on which the Plan began, on a yearly Plan as on a monthly one. Any of it that is not used in that month expires at the end of it, and does not carry over. A Lesson that has begun may continue after the allowance is used, but no further Lesson may begin until Lesson Time is available again.
  5. Plans, Exam Prep and Top-ups are sold to you through Onelink, a service of Stripe, which acts as our reseller and is the merchant of record for each payment. Onelink takes payment, issues receipts and invoices, accounts for VAT and sales tax, and handles requests about payments, including refunds under its own refund policy, and its own terms apply to the payment; your statement will show “LINK.COM*”. These Terms govern the Service, and your rights against us under them and under the law are unaffected.
  6. Prices for customers in the United Kingdom include VAT. Prices for customers in the United States exclude sales tax, which will be added where applicable.
  7. We may change the price of a Plan or of Exam Prep. We will notify you by email 30 days before the change takes effect, and the new price will apply from your first renewal after that. If you do not accept the new price, you may cancel your Plan, or remove Exam Prep, before it takes effect. A change to the price of Top-ups applies only to Top-ups purchased after it.
  8. Exam Prep is an optional addition to a Plan, purchased for an individual Child. It provides that Child with practice for tests used for entry to a school, including the 11+, the ISEB Common Pre-Test, gifted and talented tests, the ISEE and the SSAT, and adds to the Plan’s monthly allowance of Lesson Time, as set out on our pricing page. Practice for tests that Children sit at school, including the Key Stage 2 SATs, the multiplication tables check and state tests, is included in every Plan.
  9. Exam Prep may be purchased only while you have a Plan, and is charged for each Child for whom it is purchased. It is billed with the Plan, for the same Billing Period, and renews with it in accordance with clause 6.3. Where Exam Prep is purchased during a Billing Period, you will be charged a proportionate amount for the remainder of that Billing Period, the Lesson Time it adds for the month in which it is purchased is reduced in the same proportion, and it becomes available to the Child once that payment has been received.
  10. While you have a Plan, you may purchase a Top-up at the price set out on our pricing page. Lesson Time from a Top-up is used only once the month’s allowance under your Plan has been used, the earliest to expire first. It may be used only while you have a Plan, and it expires 12 months after its purchase. Lesson Time from a Top-up that expires, or that remains when your Family Account is closed, is not refunded, save as set out in clause 7.2.

Cancellation and refunds

  1. You may cancel your Plan at any time, without notice, from the Plan page of your Family Account. Cancellation takes effect at the end of the current Billing Period, and neither your Plan nor any Exam Prep will renew. Badges, stars and Lesson transcripts remain available in your Family Account after cancellation.
  2. If you are a consumer resident in the United Kingdom, you have a statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel a Plan, Exam Prep or a Top-up within 14 days of the day on which you purchase it, without giving any reason. To do so, tell us by email at [email protected] or by any other clear statement; you may use the form in clause 7.6, but need not. We will refund the amount you paid for it within 14 days of your notice. If, when purchasing it, you expressly asked for the Service to begin within those 14 days, the refund is reduced by a proportionate amount for the Service supplied before you told us of your cancellation: for a Plan or Exam Prep, the share of the Lesson Time its payment covers (the month’s allowance, or twelve months of it for a yearly Plan) that has been used since its Billing Period began, Lesson Time from Top-ups not counting; and for a Top-up, the share of its Lesson Time used.
  3. If you are a consumer resident in the United Kingdom and a yearly Plan renews, you may cancel it, with any Exam Prep renewed with it, within 14 days of the renewal, and we will refund the amount paid for the renewal less a proportionate amount, worked out as in clause 7.2, for the Service supplied before you told us of your cancellation.
  4. Save as set out in clauses 7.2 and 7.3, or where we are at fault or are required by law to do so, we do not refund fees for any partially used Billing Period or for unused Lesson Time.
  5. You may remove Exam Prep for a Child at any time. Removal takes effect at the end of the current Billing Period: the Child keeps Exam Prep until then, and it will not renew for that Child. If you remove the Child from your Family Account, their Exam Prep ends at once and is not refunded. Exam Prep ends when your Plan ends.
  6. Model cancellation form (complete and return it only if you wish to cancel under clause 7.2):
    1. To Grepus Limited, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom, [email protected];
    2. I hereby give notice that I cancel my contract for the supply of the following service: [a Plan / Exam Prep / a Top-up], ordered on [date];
    3. name of consumer;
    4. address of consumer; and
    5. date.

Acceptable use

  1. You must not, and must not permit any other person using your Family Account to:
    1. attempt to cause the Service to generate harmful content, or to circumvent its safety systems;
    2. copy, sell, distribute or otherwise make available any Lesson, illustration, voice recording or other content of the Service to anyone outside your family;
    3. scrape, overload, probe, decompile or reverse-engineer the Service, or use it to develop a competing product or service; or
    4. use the Service for any unlawful purpose.
  2. If a Family Account is used in serious or repeated breach of clause 8.1, we may suspend or close it. We will tell you our reasons and, unless the breach was deliberate, refund any fees paid in respect of any part of a Billing Period falling after the suspension or closure.

Intellectual property

  1. The Service, including Thena’s character, illustrations, voice and badges and all underlying software, is owned by us or by our licensors. For as long as your Family Account remains open, we grant you and your Children a personal, non-exclusive, non-transferable licence to use the Service for the purpose of your Children’s education.
  2. Your Children’s answers and other contributions to Lessons (“Your Content”) remain theirs. You grant us a non-exclusive, royalty-free licence to store and use Your Content to the extent necessary to provide the Service to your family, including to deliver Lessons, keep transcripts and learning notes, operate our safety systems, resolve technical problems and improve Thena’s teaching, in each case as described in our Privacy Policy. We will never sell Your Content or use it for advertising.

Availability of the Service

  1. We will use reasonable efforts to keep the Service available and secure, but we do not guarantee that it will be uninterrupted or free from errors. We may suspend the Service temporarily for maintenance, and may modify and improve it from time to time.
  2. If we decide to discontinue the Service, we will give you at least 30 days’ notice, and will refund any fees paid in respect of any part of a Billing Period falling after the date on which it is discontinued.

Our liability to you

  1. If we fail to comply with these Terms, or fail to provide the Service with reasonable care and skill, we are responsible for loss or damage you suffer that is a foreseeable result of our breach. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time you accepted these Terms, both we and you knew that it might happen.
  2. We are not responsible for any loss or damage that is not foreseeable. The Service is provided for domestic and private use only, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
  3. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other matter in respect of which liability cannot be excluded or limited by law. Nothing in these Terms affects your statutory rights as a consumer.

Closing your Family Account

  1. You may close your Family Account at any time through its settings. Closure permanently deletes the Family Account, together with your Children’s Lessons, practice papers, notes and badges; terminates any Plan and Exam Prep with immediate effect; and ends any unused Lesson Time from Top-ups, none of which is refunded save as set out in clause 7.2. If you wish to use the remainder of a Billing Period for which you have paid, you should first cancel your Plan under clause 7.1, and close your Family Account at the end of that Billing Period.
  2. You may delete the information relating to an individual Child at any time by removing that Child from your Family Account.

Events outside our control

  1. We are not responsible for any failure or delay in performing our obligations under these Terms that is caused by an event outside our reasonable control. If such an event occurs, we will notify you as soon as reasonably practicable and take reasonable steps to minimise its effect.

Complaints, governing law and jurisdiction

  1. If you have a complaint, please contact us first at [email protected], and we will use reasonable endeavours to resolve it.
  2. These Terms, and any dispute or claim arising out of or in connection with them, are governed by the law of England and Wales, and you may bring proceedings in the courts of England and Wales. If you live in Scotland, you may also bring proceedings in Scotland, and if you live in Northern Ireland, you may also bring proceedings in Northern Ireland.
  3. If you live outside the United Kingdom, including in the United States, you retain the benefit of any mandatory protections given to you by the law of the place where you live.

General

  1. We may transfer our rights and obligations under these Terms to another organisation. We will notify you if we do so, and will ensure that the transfer does not adversely affect your rights under these Terms. You may not transfer your rights or obligations under these Terms to any other person without our prior written consent.
  2. These Terms are between you and us. No other person has any right to enforce any of them under the Contracts (Rights of Third Parties) Act 1999.
  3. Each clause of these Terms operates separately. If any court or competent authority decides that any of them is unlawful or unenforceable, the remaining clauses shall continue in full force and effect.
  4. If we do not insist immediately that you comply with your obligations under these Terms, or delay in taking steps against you, that will not mean that you are released from those obligations, and we may still require you to comply with them at a later date.
Grepus LimitedRegistered in England and Wales, company number 17428640
71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom
[email protected]