1. What is Carousel?

Carousel is a secure, cloud-based platform that helps teachers to set quizzes drawing questions from across a curriculum, and gives students an easy-to-use way of taking those quizzes.

2. Who Do These Terms Apply To?

These Terms of Service are between You, a natural person, school, MAT, or other group of schools and Us, Carousel. Whilst using Carousel You will send data to Us for Us to process on Your behalf. You are the Data Controller and Carousel is the Data Processor, and You will remain Data Controller at all times. As a Data Controller it is therefore Your responsibility to ensure that You are able to engage with Carousel on these terms. In accepting these terms you are therefore also accepting them on behalf of your Students and Parents, and acceptance will be taken as granting permission for us to process the data you control on behalf of Your Data Subjects.

These terms should be read alongside our Carousel Privacy Policy, which supplements but does not supersede this document.

3. Usage

Carousel is designed for teachers to help students embed knowledge in their long-term memory. You agree to use Our services for this purpose only.

4. Data Ownership

When You decide to use Carousel, You will remain the Data Controller. We process the data on Your behalf, in the manner You have requested. You remain responsible for your data, including any inaccuracies or changes that need to be made, and You are responsible for the processing being lawful at all times. Your responsibility as Data Controller covers all of Your school's data on the platform.

5. Account Security

If You decide to use Carousel then You are responsible for maintaining the security of Your account and are fully responsible for all of the actions in relation to it. The platform is for the sole use of those who have the necessary permission to access this data, and it is Your responsibility to ensure that Your account is secure and that access is restricted solely to those with the required permission. You must immediately notify Us in the event of unauthorised access to Your account or any other breaches of security.

6. Ownership of IP

The Carousel platform and any Question Banks created by Carousel are the property of Carousel. Question Banks created by You will remain Your property, and you may use them however you see fit outside of Carousel. By giving a Question Bank the sharing status of GLOBAL, you are agreeing to grant us a global, perpetual, royalty free license to use, reuse, sub-license, modify, display and distribute the content in any format we choose.

By uploading content to the platform, you warrant that:

• You or your employer hold the necessary rights and permissions to use and share any material you upload, including compliance with any third party licenses relating to the content.
• The content does not contain material which could be construed as obscene, hateful, pornographic, racist, homophobic, defamatory, unethical or contradictory to the values inherent in Carousel's work.

If you are found to have infringed these warrants, we reserve the right to terminate your usage of the platform without any obligation to provide a refund for any Subscription you may have purchased.

Question Banks may be withdrawn from the Community by their creators at any time, from which point they will cease to be available for users to add to their Dashboard. However, any Question Bank already added to their Dashboard by a user at the time of withdrawal by its creator will remain indefinitely available to that user, and all quizzes created using that Question Bank will continue to exist and be unaffected by its withdrawal from the Community.

If you believe someone to have infringed your intellectual property rights, email us at hello@carousel-learning.com and we will respond accordingly.

7. Modification of Services

As an organisation that is constantly growing and improving, it may sometimes be necessary to modify Our services. We may occasionally pause or remove or make premium (and so part of a paid-for Subscription) particular tools or services or make free particular tools or services that were previously premium (and so part of a paid-for Subscription) at Our sole discretion. We will give notice of any modifications before implementation where practicable or as soon afterwards as practicable but reserve the right to change pricing or availability or both in respect of any particular tools or services for any reason and without notice.

8. Subscriptions

Carousel offers a combination of free and paid‐for services. When you opt for a paid-for Service, You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan that We offer and You select when purchasing the Subscription.

Payment may be made either by payment card directly on the website, or by requesting an invoice be sent to Your school. Invoices must be settled by bank transfer or payment card only, unless by prior agreement. Cheques are accepted only by prior arrangement and will be subject to a £40 cheque processing fee.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or We cancel it.

Unless otherwise agreed in writing and subject to section 10 of these terms Subscriptions are non‐refundable.

9. Cancellation

Carousel Gold Subscriptions:

You may cancel your Gold Subscription within 14 days of purchase and receive a full refund unless You have used the Service within those 14 days.

You may cancel Your Gold Subscription renewal at any time through Your Account settings page or by contacting us at least 7 days in advance of your Subscription renewal date at hello@carousel-learning.com. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Carousel Platinum Subscriptions:

You may cancel Your Platinum Subscription by contactinghello@carousel-learning.com 60 days in advance of the end of Your current Subscription period.

10. Refunds

Except when required by law or otherwise stated, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by Us on a case-by-case basis and granted at Our sole discretion.

If You purchase a subscription to Carousel Gold, and during the course of the same academic year (defined as running from 1st September to 31st August) Your department or School purchases a subscription to Carousel Platinum, we will refund the cost of Your Carousel Gold subscription to You using the same method that was used to pay for it.

11. Free Trial

We may, at our sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter Your billing information in order to sign up for the Free Trial. If You do enter Your billing information when signing up for a Free Trial, You will not be charged by Us until the Free Trial has expired.

On the last day of the Free Trial period, if You have provided Your billing information and unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

12. Disclaimer

You accept that tools are provided on an 'as is' and 'as available' basis. They are provided without guarantees or warranties. Carousel makes no guarantee that the website or any of the tools are error free or that access will be continuous and uninterrupted and We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any content or Question Banks (including premium Question Banks that are only available as part of a paid-for Subscription) placed on the Carousel platform by Us or any third party.

13. Liability

We shall not, under any circumstances, be liable to You or to any person using the Carousel Platform at your invitation, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this agreement for: loss of profits, sales, business, or revenue (direct or indirect); business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill or reputation; or, any indirect or consequential loss or damage. We are not excluding liability for death or personal injury caused by negligence, breach of any implied term and any other matter for which it would be unlawful to exclude liability.

14. Termination

We will suspend or restrict Your access to Our services if We have reason to believe You may have breached the conditions of this agreement. If You do not comply with any part of this agreement, We reserve the right to suspend or terminate Your access to the Carousel platform with immediate effect.

15. Approach to data processing and legal basis for processing

Your privacy is our top priority, and We will not use Your data for anything other than what is set out in this agreement. We only store and process the minimum data required to provide our services. We adhere strictly to the terms of the Data Protection Act 2018 and the UK GDPR.

As the Data Controller, it is Your responsibility to ensure that You engage with Carousel in accordance with the Data Protection Act and UK GDPR and that Data Subjects are suitably informed about Data Processing services such as Carousel that you as Data Controller use. This should include an explanation of how personal and sensitive personal data is processed lawfully, fairly and in a transparent manner. You should also be clear on Your basis for collecting and sharing data, and must satisfy the relevant legal basis and permission standards in each case.

The categories of personal data we process and the purposes for doing so are as follows:

The categories of personal data we may process if such data is provided by the Data Controller (You) and the purposes for doing so are as follows:

We receive personal data in one of two ways:

1. Manual input or CSV upload by You; or
2. With Your approval, direct sync with Your MIS using Wonde.

16. Data Storage and Access

All Carousel data is stored within the UK or EEA or in countries that have Adequate Levels of Protection as determined by the EU under the EU GDPR prior to 31st December 2020, except for the United States of America but only when such data is protected by appropriate safeguards – namely standard contractual clauses as defined by Art. 46 UK GDPR/EU GDPR. Please note, however, that only data relating to teachers may be transferred to the United States. No student data is transferred outside the UK or EEA. Internal access to information is limited to only those who require it to perform their jobs. Other security safeguards include firewalls and physical building access controls. We use role-based identities and password protection on all platform services and apps.

17. Security and Encryption

We transport and store all personal data originating from schools using modern and best practice encryption technologies. This includes Secure Socket Layers (SSL/TLS) for encrypted data transfer over the internet, encryption of all data at rest, password-protected identities for all end users, and variable permissions according to the user's role.

18. Third Parties

Carousel Learning Ltd may share your data with our development partners, Aircury Ltd (a company registered in England and Wales with Company No. 10641335) and Aircury SL (a company registered in Spain with Company No. B19713437). We do not share your data with any other third parties except where explicitly requested by you or required by law. We will never rent or sell Your data for marketing purposes.

19. IP Addresses

We may collect users' full IP addresses for essential security management (for example, the prevention of Distributed Denial of Service attacks) and essential user support (for example, browser session tracking in order to spot and fix errors). We may also use IP addresses to assist with security and recognising trusted user devices.

20. Data sharing permissions relating to the platform

In some limited circumstances We may collect data through third party services. For example, we may use website analytics traffic providers to analyse metadata such as platform usage. Where We do this, We audit the service to ensure they have a similarly high level of commitment to security and privacy, and comply with all Data Protection Legislation. Carousel may also collect, analyse or make available non-personal and non-sensitive data (for example aggregated or non-identifiable data) to third parties for school improvement or research purposes. We do not use or analyse this aggregate data in any way that would make data identifiable at an individual or school level.

21. Staff Security

All Our staff and contractors are required to agree that they will abide by the Security and Data Protection Policy at all times and sign a Confidentiality Agreement.

22. Deleting and Retaining Data

We retain Your data on Our platform for as long as necessary to provide Our services. If a User requests deletion of their Carousel account, we will delete their data within 5 working days. We reserve the right to retain anonymised data for the purposes of research and development. (Note: data may remain stored in our backup system for up to three months following deletion from the platform.)

23. Cookies

A cookie is a string of information that a website stores on a visitor's computer. Carousel uses cookies for purposes such as helping us to identify and track visitors' usage and preferences. You can disable cookies in Your browser if you wish to, although this may mean that some features of our website do not work as they should.

24. Communications

If You are a registered user of the Carousel website, or have expressed interest in Carousel on the Carousel website and have supplied Your email address and not opted out of receiving email communications, we may occasionally send You an email to tell you about new features, ask for feedback or keep You up to date with our products. If You no longer wish to be included on these communications, then You can opt out using the links on those communications or email hello@carousel-learning.com and We will remove You from the list within 15 days.

25. Privacy or Security Breaches

We take all reasonable, necessary precautions to ensure that your data is secure and to recognise and then mitigate the risks to security and privacy. In the unlikely event that a significant data or security breach were to occur, Carousel will contact the Data Controller and comply with all statutory reporting duties.

26. Questions and Grievances

If you have any questions or grievances in relation to security or privacy, please email us on hello@carousel-learning.com.

27. Changes to the Terms of Service

We are constantly updating and expanding our services. This means that sometimes we have to add to or modify the terms under which we offer our services. If we make material changes, where possible we will look to provide you with appropriate notice of any changes to these Terms or any additional or new Terms. If you disagree with the changes then you must discontinue your use of our service. Continuing to use our services in any way after a change to the terms is effective constitutes agreement to the new terms, and your continued use will be subject to the new terms.

28. Transfer of Rights and Obligations

Unless otherwise stated in the Terms We provide or agree with You, We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and We will ensure that the transfer will not affect your rights under this Agreement.

29. Transfer of Business

In the event that Our assets and operations are transferred to another party as a going concern, the personal data We process will transfer to that third party. The new owners may then continue to use your Personal Data in accordance with Our Privacy Policy.

30. Legal

We and You both agree:

• That no failure or delay to exercise any right or remedy under this agreement or by law shall constitute a waiver of that right or any other right or remedy.
• That if any part of this agreement becomes invalid it will be modified to the minimum extent necessary to make it valid. If we cannot agree this with you, the relevant provision shall be deleted. Any modification to or deletion of a provision shall not affect the validity of the rest of the agreement.
• That any dispute or claim arising out of or relating to this agreement that cannot be resolved by negotiation within 14 days shall be resolved through arbitration. Either party shall give notice of seeking a resolution through arbitration using the CEDR procedure and English law. Either party may seek an interim remedy in court if necessary.
• That any dispute or claim arising out of or relating to this agreement shall be governed by the law of England and that the courts of England shall have exclusive jurisdiction provided that we can take action in other places if You are in breach of this agreement.

You agree to indemnify Us against all losses, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach of these Terms of Service.