User Services Agreement
This User Services Agreement (the "Agreement") governs your use of the AssessMinds platform (the "Platform"), including any services, products, or features offered through the website. By accessing or using the Platform, you agree to comply with and be bound by the terms outlined in this Agreement. If you do not agree to these terms, you are prohibited from using the Platform and must cease all access immediately.
AssessMinds is operated in the United Kingdom. References to "AssessMinds", "we", "us" or "our" in this Agreement refer to the operator of the Platform, details of which are set out in the Contact Information section below.
Service Overview
AssessMinds provides a suite of educational analytics tools designed to assist teachers and educational institutions in tracking student performance and identifying areas where additional support may be required. The Platform aggregates and analyzes educational data, offering insights into student progress over time. The services are primarily intended for educational professionals, institutions, and authorized representatives.
Access to the Platform is currently offered as a free trial. AssessMinds intends to introduce paid subscription plans in the future; see "Fees & Subscriptions" below.
User Eligibility & Accounts
By using the AssessMinds Platform, you represent and warrant that:
- You are at least 18 years of age, or the legal age in your jurisdiction to enter into a binding contract.
- You are accessing the Platform as an authorized representative of an educational institution, or as an individual to whom an institution has granted access (for example, a teacher).
Teacher and staff accounts are created by an authorized administrator of the institution ("Institution Admin"). Individual users cannot self-register for an account. By creating a user's account, the Institution Admin confirms that they have obtained the necessary consent from that individual (and, where applicable, from a parent or guardian) to submit their name and email address to AssessMinds for the purpose of account creation and use of the Platform.
Student accounts are not currently supported but are planned for a future release. Where student accounts are introduced, they will similarly be created by an Institution Admin on the same consent basis described above, and student data collected will be limited to first name, last name, and an email address or other identifier used for login.
Service Access and Availability
We aim for the Platform to be available 24 hours a day, 7 days a week, but we do not guarantee uninterrupted or error-free operation. Downtime may occur due to scheduled maintenance, unexpected technical issues, or circumstances beyond our control. By using the Platform, you acknowledge that:
- Access to the services may be interrupted or temporarily unavailable without notice for reasons including updates, repairs, or enhancements to the system.
- AssessMinds will use reasonable efforts to minimize disruption but does not accept liability for downtime, delays, or unavailability, except as required by law.
- AssessMinds reserves the right to modify, suspend, or discontinue any part of the service at any time, and will provide notice to Institution Admins where reasonably practicable.
User Responsibilities
As a user of the AssessMinds Platform, you are responsible for the following:
- Providing accurate and current information and ensuring your account details remain up to date.
- Maintaining the confidentiality of your account login credentials and being responsible for activities that occur under your account.
- Abiding by all applicable laws and regulations when using the Platform, and not violating any third party's rights.
- Not using the Platform for any unlawful, unethical, or harmful purpose, including harassment, defamation, or violation of others' privacy.
Prohibited Activities
In connection with your use of the Platform, you agree not to:
- Interfere with, disrupt, or negatively affect the functionality or performance of the Platform.
- Attempt to access, collect, or scrape data from the Platform without authorization.
- Reverse engineer, decompile, or disassemble any part of the Platform, or attempt to extract its source code.
- Transmit viruses, malware, or other harmful software.
- Use the Platform in a manner that violates applicable data protection law, including UK GDPR and the Data Protection Act 2018.
Data Controller Status
For the purposes of UK data protection law, AssessMinds acts as the data controller in respect of personal data processed through the Platform (including names, email addresses, and assessment records), except where otherwise agreed in writing with an institution. Institutions using the Platform are responsible for ensuring they have a lawful basis to provide personal data to AssessMinds, including any data relating to students.
AssessMinds is committed to complying with its obligations as a data controller under UK GDPR and the Data Protection Act 2018, including in respect of data subject rights, security measures, and breach notification.
Data Privacy and Security
At AssessMinds, we prioritize the security and confidentiality of the data we hold, particularly information relating to students. We employ reasonable technical and organizational security measures to protect data; however, no system can guarantee complete security. By using the Platform, you acknowledge that:
- While we take reasonable steps to safeguard data submitted through the Platform, we cannot guarantee that unauthorized access or a data breach will never occur.
- You are responsible for protecting your account login credentials.
- In the event of a personal data breach, AssessMinds will take reasonable steps to investigate, notify affected parties and the ICO where required by law, and mitigate any resulting harm.
- We collect, store, and process personal data in accordance with our Privacy Policy.
Data Retention and Deletion
When an account is deleted, the associated login is deactivated and can no longer be used to access the Platform. Personal data associated with a deleted account may be retained by AssessMinds for internal statistical and analytical purposes. If you are an individual and wish to request erasure, correction, or restriction of your personal data following account deletion, you or your institution may contact us using the details in "Contact Information" below, and we will consider the request in accordance with applicable data protection law.
Data Ownership
As between AssessMinds and an institution, the institution retains ownership of the personal and assessment data it submits to the Platform ("Institution Data"). AssessMinds may create and own aggregated or statistical data derived from Institution Data, provided that such aggregated data does not identify any individual student, teacher, or institution.
Fees and Subscriptions
The Platform is currently made available free of charge as part of a trial period. AssessMinds intends to introduce paid subscription plans in the future. Before any fees become payable, AssessMinds will provide notice of the applicable pricing and billing terms, which you or your institution will be asked to separately accept. Continued use of the Platform beyond the free trial period will be conditional on acceptance of those terms.
Limitation of Liability
To the maximum extent permitted by law, AssessMinds shall not be liable for any indirect, incidental, special, or consequential damages resulting from your use of, or inability to use, the Platform, including loss of data, except where such liability cannot be excluded under applicable law (for example, liability for death or personal injury caused by negligence, or for fraud).
Termination of Service
AssessMinds reserves the right to suspend or terminate access to the Platform, with reasonable notice where practicable, including for violation of this Agreement or non-payment of applicable fees. Upon termination, your right to use the Platform will cease, subject to the data retention terms described above.
Indemnification
You agree to indemnify and hold harmless AssessMinds from claims, liabilities, and reasonable costs arising from your violation of this Agreement or your infringement of any third party's rights, except to the extent caused by AssessMinds' own breach of this Agreement or negligence.
Service Modifications and Updates
AssessMinds may modify, update, or discontinue features of the Platform from time to time. We will use reasonable efforts to communicate material changes to Institution Admins in advance.
Third-Party Services and Links
The Platform may include links to third-party websites or services, provided for convenience only. AssessMinds does not endorse or accept responsibility for third-party content or practices. Use of third-party services is at your own risk.
Governing Law and Jurisdiction
This Agreement is governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any dispute arising out of or in connection with this Agreement.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified or severed to the minimum extent necessary.
Entire Agreement
This Agreement, together with our Privacy Policy and any separately agreed pricing terms, constitutes the entire agreement between you and AssessMinds regarding use of the Platform, superseding any prior agreements or communications.
Changes to this Agreement
We may update this Agreement from time to time. Material changes will be notified to Institution Admins where reasonably practicable. Continued use of the Platform after changes take effect constitutes acceptance of the revised terms.
Contact Information
If you have any questions, concerns, or need further assistance regarding this Agreement, please contact us at:
AssessMinds
Email: assessmindsonline@gmail.com