Terms of Service and Licence Conditions

1. Introduction and who we are

These Terms of Service and Licence Conditions (the "terms") are an agreement between you, the customer, and EXAM HAPPY LTD, a company registered in England and Wales under company number 13053212, whose registered office is at 3 Adolf Street, London, England, SE6 3EJ, trading as Exam Happy ("Exam Happy", "we", "us", "our"). You can contact us at support@examhappy.co.uk.

Your use of the service, and your purchase of any subscription, licence or content, constitutes your full acceptance of these terms. If you do not agree with these terms, you must not use the service.

Some provisions of these terms apply differently depending on whether you are a consumer or a business customer. You are a "consumer" if you are an individual using the service wholly or mainly for private, non-commercial purposes. You are a "business customer" if you purchase or use the service wholly or mainly for purposes connected with your trade, business, craft or profession. A tutor or tuition business purchasing primarily for business purposes is a business customer, not a consumer, and does not benefit from consumer rights in respect of that purchase. Nothing in these terms affects any rights that consumers have under applicable law which cannot be excluded or limited by agreement.

2. Definitions

In these terms:

"Service" means the Exam Happy website and web app, our mobile apps for iOS and Android, the tutor portal, the school portal, our subscriptions and licences, and all features, functionality and content made available through any of them.

"Exam Happy Content" means all content made available through, or generated by, the service, including without limitation: questions and worksheets; mock examinations; downloadable PDFs; reports; videos and explanations; answer sheets; images, diagrams and graphics; software-generated or customised materials; and any content created, exported or downloaded through the platform. Exam Happy Content includes materials that have been generated through the platform, customised by a user, rearranged, edited, reformatted, combined with other content, converted into PDF, Word, image or print format, translated, reproduced from screenshots, or recreated substantially from Exam Happy source material. Modifying, annotating, reformatting or combining Exam Happy Content does not create a new independently owned work and does not remove or weaken any restriction in these terms.

"Authorised Student" means a genuine, currently enrolled student who is receiving tuition or education directly from the licensed tutor, tuition business or school, and who has been registered on, or assigned to, that customer's Exam Happy account. For the avoidance of doubt, the following are not Authorised Students:

purchasers of standalone materials, PDFs or paper bundles;
students of other tutors or tuition businesses;
members of public or open groups;
anyone who is not genuinely receiving tutoring or education services directly from the licence holder.

"Home Licence" means any subscription or plan sold for personal or household use (including our "Core" and "Plus" plans and any plan described as a parent, home or individual plan). "Tutor Licence" means any plan sold to tutors or tuition businesses (including "Tutor Plus" and any plan previously described as a tutor or tutors-for-schools licence). "School Licence" means any plan sold to a school or other educational organisation.

3. Your licence

When you purchase a subscription or licence, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use the service and Exam Happy Content strictly for the purpose set out below for your licence type, and for no other purpose. You receive only the licence expressly granted to you: no other rights are granted, whether by implication or otherwise.

Home Licence

A Home Licence permits use of the service only by the named parent or guardian who holds the account and their own child or children living in the same household, for private, non-commercial educational use. A Home Licence must not be used with, for or on behalf of any paying student, or by or on behalf of any tutor, tuition business, school, education provider or other organisation. If you are a tutor, school or other education provider — or if you use Exam Happy with students outside your own household, whether free of charge or for commercial benefit — you must hold a valid Tutor Licence or School Licence (or another licence expressly approved by us in writing) before permitting any student to access or use the service.

Tutor Licence

A Tutor Licence is a limited teaching-use licence, not a resale or publishing licence. It permits the licensed tutor to:

use the platform within their own tutoring service;
assign authorised work to their Authorised Students;
print or distribute assignments directly to their current Authorised Students; and
use Exam Happy Content only as part of lessons or homework personally provided by the licence holder.

Unless expressly stated otherwise in writing by us, a Tutor Licence is issued to one named tutor and may not be shared with, or used by, employees, contractors, assistants, franchisees, other tutors or connected businesses. A Tutor Licence covers one tuition business only and may not be used across multiple tutoring businesses or brands. If you need additional seats, staff access or multiple locations, contact us to agree the appropriate licence in writing.

School Licence

A School Licence permits use of the service by the authorised teachers and staff, and the currently enrolled pupils, of the single named school to which the licence is issued. Materials may be distributed internally within that school for its own educational purposes. Unless expressly agreed by us in writing, a School Licence covers one school at one site; it does not extend to other schools, sites or members of a trust, federation or group. Where we provide school-branded PDFs or reports as an add-on, the addition of a school's crest or name does not transfer any ownership of the underlying content, which remains Exam Happy Content subject to these terms.

4. No resale or commercial exploitation

You must not sell, resell, license, sublicense, hire, rent out, exchange, monetise or otherwise commercially exploit any Exam Happy Content, whether as a standalone item, as part of a bundle, or together with tutoring or any other service. Without limitation, you must not:

charge separately for worksheets or other materials;
sell homework packages or practice-paper packages;
sell access to content generated through the platform;
include Exam Happy Content in paid memberships, courses or subscription offerings of your own;
sell printed copies of Exam Happy Content;
sell edited, reformatted or otherwise modified versions;
sell materials with Exam Happy branding removed or obscured;
claim or imply that Exam Happy Content was created by you or your business; or
use Exam Happy Content as a template or source material for competing products.

For clarity: a tutor may charge students for genuine tutoring services in which Exam Happy Content is used as an incidental teaching resource. A tutor must not charge for the Exam Happy Content itself, advertise the content as a separately priced product, or make access to the content the principal subject of a sale. Being permitted to earn tutoring fees while using the platform does not permit selling the worksheets, papers or any other Exam Happy Content.

5. Branding and white-labelling

You must not:

delete, remove or obscure the Exam Happy name or branding;
remove copyright or other proprietary notices;
add your own branding to Exam Happy Content in a way that suggests you own or created it;
present Exam Happy materials as your own work;
recreate visually similar versions of Exam Happy materials;
transfer Exam Happy questions or content into your own templates or document formats; or
add your logo to Exam Happy materials for resale.

Where the platform itself supports adding a tutor's or school's details to assigned homework or branded PDFs, you may use that feature as intended. Doing so does not transfer any ownership of the content, which remains Exam Happy Content subject to these terms.

6. Intellectual property

Exam Happy owns, or is licensed by its licensors to use, the platform and all Exam Happy Content. All copyright, database rights, trade marks, design rights, software rights, confidential information and know-how in or relating to the service and Exam Happy Content are and shall remain the property of Exam Happy or its licensors. You receive only the limited licence expressly stated in these terms; no ownership of any intellectual property transfers to you under any circumstances, whether or not content has been modified, generated or customised by you.

Information and personal data that you provide to us remains yours. You grant us the permissions needed to store, process and display it in order to operate the service, as described in our privacy policy.

Our question banks and related materials are protected as a database. You must not extract or re-utilise all or a substantial part of the contents of our database, and you must not repeatedly and systematically extract or re-utilise insubstantial parts of it in a way that amounts to, or is designed to enable, recreation of all or a substantial part of it.

7. Trade marks, publicity and confidentiality

You must not, without our prior written permission:

use "Exam Happy" or any confusingly similar name in your business, product or service name;
imply any partnership, certification or endorsement by Exam Happy;
use our logo or trade marks in advertisements;
advertise yourself as an "official Exam Happy tutor" or similar;
bid on, register or use domain names or social-media handles that are confusingly similar to our name or marks; or
alter our trade marks or branding in any way.

You may share limited screenshots or short excerpts of the service for genuine discussion or review purposes. You must not publicly publish complete questions, answers, mock papers, worksheets, reports or any substantial part of Exam Happy Content, and you must not publish other users' or students' personal information or results without proper authority.

Any unreleased questions or content, beta features, internal pricing, security information, API or technical details, business information disclosed during pilots, and materials provided under preview access are our confidential information. You must keep them confidential and use them only for the purpose for which we disclosed them.

8. Competing products, AI and automation

Competing products and databases

You must not use the service or Exam Happy Content to:

create another question bank;
build a private worksheet or content library beyond what is needed for your permitted teaching use;
train, populate or seed another educational platform;
create a competing app, website or product;
upload content into another learning-management system, except where expressly authorised by us in writing;
systematically reproduce the structure, categorisation, tagging or difficulty labels of our content; or
build datasets from our questions, answers or other content.

AI and machine learning

You must not:

enter Exam Happy questions or content into generative AI systems for the purpose of content creation;
use Exam Happy Content to train, fine-tune, benchmark or evaluate any AI or machine-learning system;
use OCR, computer vision or other automated tools to extract Exam Happy Content;
generate derivative question banks using AI; or
use Exam Happy Content as prompts or source material for competing products.

Limited AI-assisted use may be permitted only where we have expressly approved it in writing in advance.

Automation and scraping

The following are prohibited throughout your use of the service and apply to every part of this agreement, not only to fair usage: scraping; automated downloads; browser automation; macros; reverse engineering of our APIs; interception of network traffic; bulk screenshotting; systematic printing; sequential harvesting of content; account farming; and creating or using multiple accounts to evade restrictions or limits.

9. Acceptable use

When using the service you must not:

use the service for any unlawful activity;
harass, abuse or harm any person;
upload or transmit offensive or inappropriate content;
introduce malware or other harmful code;
attempt to disrupt or overload the platform;
bypass or attempt to bypass access controls or paywalls;
impersonate any person or organisation;
create fraudulent registrations or accounts;
interfere with other users' use of the service; or
probe, scan or test the vulnerability of the service without our prior written permission.

10. Fair usage

Many of our plans include features described as "unlimited", such as unlimited practice questions, worksheets, PDFs and mock exams. Unlimited means unlimited reasonable use within your licensed purpose — you may use these features as much as you genuinely need for learning, teaching or exam preparation under your licence. It does not mean unlimited extraction, stockpiling or archiving of content.

This policy exists solely to prevent abuse of the service. Our fair usage thresholds are set well above typical usage, and the overwhelming majority of users — including very heavy genuine users — will never be affected by it.

In assessing whether use is fair, we may consider context including: student count; assignment count; download volume; print volume; generation frequency; unusual time patterns; repeated generation of substantially similar papers; and use inconsistent with your declared number of students, staff or class size. No single threshold is necessarily determinative: we will consider usage in context.

Without limitation, the following constitute a breach of this fair usage policy:

usage that materially exceeds what could reasonably be expected of genuine personal, tutoring or school use under your licence;
automated access, extraction or harvesting of any kind, as prohibited under Section 8;
systematically bulk-downloading, harvesting or archiving worksheets, questions or other content;
sharing account credentials or pooling a single account across multiple users, as also prohibited under Section 11;
reselling, redistributing or republishing content generated through the service, as also prohibited under Section 4; and
any use intended to circumvent the limits or pricing of your licence tier.

If we reasonably believe your usage breaches this fair usage policy, we may at our sole discretion restrict, throttle, suspend or terminate your access to some or all features, or your account, with or without notice. We may, but are not obliged to, contact you first to discuss your usage. We may update this fair usage policy from time to time. If you have any questions about this policy, or are unsure whether your intended use is permitted, please email support@examhappy.co.uk.

11. Accounts, information and children

Your account

To use the service you will need an account, and you may be asked to provide information such as an email address or Apple ID. You are responsible for maintaining the confidentiality of your account and credentials, and for ensuring the information you provide is true, accurate, current and complete. Account sharing is strictly prohibited: you may not sell, share, transfer or provide access to your account to anyone else, including allowing multiple users to access a single account. Detected account sharing or unauthorised access may result in suspension or termination of your account in accordance with Section 15.

Accurate business and student information

If you hold a Tutor Licence or School Licence, you must provide, and keep up to date, accurate information about: your identity and trading name; your business; the number of students you teach through the service; the number of staff with access; your intended use; your student registrations; and the size of your organisation. It is a breach of these terms to:

understate your student numbers;
register fake students;
create duplicate student records to evade limits or pricing;
use one licence across multiple tutoring businesses; or
permit subcontractors, employees or other tutors to use your account without our express authorisation.

Children and safeguarding

Accounts may only be created and held by adults aged 18 or over. A child's access to the service must be set up and authorised by their parent or guardian, or by their licensed tutor or school using the platform's student features. Children must not enter payment details or make purchases. Tutors and schools must not use the platform to contact children outside its intended educational functionality.

Student data (tutors and schools)

If you register or manage student accounts as a tutor or school, you are responsible for: having lawful authority to provide each pupil's data; providing any necessary notices to parents or guardians; ensuring the details you provide are accurate; restricting staff access to what is necessary; deleting student accounts when they are no longer required; and complying with applicable data-protection law. Our privacy policy explains how we handle personal data.

12. Subscriptions, payment and renewal

Home Licence subscriptions are billed in advance for the billing period you choose at checkout (for example monthly, quarterly or annually). The price, billing period and total payable are shown at checkout before you pay. Your subscription continues and automatically renews at the end of each billing period until cancelled. You authorise us (and our payment providers) to charge the payment method you provide. To avoid being charged for the next billing period, cancel before your renewal date; when you cancel, you keep access until the end of the period you have paid for. To use the service you need internet access and a compatible device, and you may incur third-party charges (such as mobile data) when using the service.

If you subscribed through the Apple App Store or Google Play, your subscription is billed and managed by Apple or Google: manage or cancel it through your App Store or Google Play subscription settings, and Apple's or Google's terms also apply to that purchase. If we offer a free trial or promotional period, its length and what happens when it ends will be stated at sign-up.

Tutor Licences and School Licences are charged as agreed with you when the licence is set up, and any bespoke pricing or terms agreed in writing take precedence as described in Section 18. For a fixed-term business licence, the agreed fee will not ordinarily change during the fixed term unless the scope of the licence changes.

For continuing subscriptions, we will give you advance notice of any material price increase. The new price will apply only from a future renewal, and you can cancel before it takes effect.

Termination or expiry of your subscription or licence does not affect: charges already incurred; unpaid invoices; any claim for damages; indemnities; confidentiality obligations; intellectual-property obligations; or audit and disclosure rights relating to the period before termination.

13. Cancellation and refunds

Cancelling your subscription

You can cancel your subscription at any time through your account (or through the App Store or Google Play if you subscribed there). Cancellation stops future renewals; you keep access until the end of the period you have paid for.

Consumers: cooling-off and digital content

If you are a consumer, you normally have a legal right to cancel a distance contract within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. For digital content supplied immediately (such as instant access to the service or a downloadable purchase), where you expressly consent at checkout to immediate supply and acknowledge that you lose your right to cancel, the 14-day cancellation right no longer applies to that supply. Where a cooling-off right does apply and you cancel within it, we will refund you in accordance with the regulations. Nothing in this section affects your statutory rights where digital content or services are faulty, not as described or not supplied with reasonable care and skill.

Business licences and app-store purchases

Refunds for Tutor Licences and School Licences are governed by the terms agreed for that licence; statutory consumer cancellation rights do not apply to business purchases. Purchases made through the Apple App Store or Google Play are subject to Apple's or Google's refund policies, and refund requests for those purchases must be made to Apple or Google.

Chargebacks and payment disputes

If you believe a payment has been taken incorrectly, please contact us first at support@examhappy.co.uk so we can put it right. Nothing in these terms prevents you from exercising any rights available through your card issuer, payment provider or applicable law. However, knowingly initiating a false, fraudulent or abusive payment dispute is a breach of these terms.

No refund following your breach

Where we suspend or terminate a business customer's account because of that customer's actual or reasonably suspected material breach of these terms, no refund, credit or prorated repayment will be payable for any unused licence period, except where required by law. For consumers, this clause does not affect any mandatory rights available under applicable law.

14. Monitoring, audit and compliance

Monitoring and records

To administer licences, prevent fraud, investigate misuse, enforce our rights and handle disputes, we may monitor use of the service and retain records including: login information; device and IP information; assignments; exports; generation activity; download history; printing-related activity where technically available; usage patterns; and account changes. Platform records may be used as evidence in connection with any of those purposes. Our handling of personal data within these records is described in our privacy policy.

Audit and information rights (business customers)

If you hold a Tutor Licence or School Licence and we reasonably suspect a breach of these terms, you must promptly provide the information we reasonably require to investigate the use of the licence. This may include reasonable evidence of: the number of students taught through the service; the number of tutors or staff using the account; how materials have been distributed; copies of advertisements or sales listings; invoices relating to suspected resale; and records of downloads and assignments. We will only request information reasonably required for the investigation, and any personal data disclosed must be handled in accordance with data-protection law.

Preservation of records

Following notice from us of an actual or suspected breach, you must preserve all documents, files, sales records, communications and account information relevant to that breach. You must not delete relevant files, destroy records, remove sales evidence, alter account history, or instruct customers or any other person to delete evidence.

Disclosure following suspected resale

If we reasonably suspect that you have sold or commercially exploited Exam Happy Content in breach of these terms, you must, on request, disclose the information reasonably required to assess the breach and our loss, including: what content was reproduced; the quantities created and distributed; the dates of distribution; the amounts charged; the gross revenue received; the sales platforms used; and any remaining inventory.

15. Suspension and termination

Suspension pending investigation

We may immediately and temporarily restrict or suspend your account or access to particular features while we investigate, where we reasonably suspect: resale or commercial exploitation of content; account sharing; scraping or automated extraction; copyright infringement; security abuse; or unusually high bulk generation of content.

Termination for serious breach

We may terminate your account immediately, without a remedy period, for serious breaches of these terms, including: resale of Exam Happy Content; deliberate extraction of content; account sharing; creation of competing products; misrepresentation of your identity, business or student numbers; or repeated breach after a warning.

Other breaches

For less serious breaches, we will give you written notice describing the breach and a reasonable opportunity to correct it before we terminate.

After termination

On termination of your licence, or on our request following a breach, you must: stop using Exam Happy Content; remove any public listings of it; disable any payment or sales pages offering it; delete digital copies; destroy unauthorised printed stock; stop distributing materials; and confirm in writing that you have complied. Where we reasonably require, that confirmation must be certified by a director, proprietor or authorised representative of your business.

Survival

The following survive termination of these terms: intellectual-property ownership; resale and use restrictions relating to any retained content; deletion and takedown obligations; confidentiality; payment obligations; limitations of liability; indemnities; audit and disclosure duties concerning prior breaches; and governing law and jurisdiction.

16. Warranties and service availability

Consumers

If you are a consumer, you have statutory rights in relation to digital content and services — including that digital content be of satisfactory quality, fit for purpose and as described, and that services be performed with reasonable care and skill. Nothing in these terms excludes or limits those rights.

Business customers

If you are a business customer, the service is provided on an "as available" basis. We will use reasonable skill and care in providing the service, but we do not warrant that it will be uninterrupted, error-free or secure, and all other warranties, conditions and terms implied by statute or common law are excluded to the extent permitted by law.

Service availability

Features of the service may change over time; maintenance may occur; and temporary interruptions may happen. We will make reasonable efforts to maintain the service. Specific question volumes or features are not guaranteed indefinitely unless stated in your order or licence agreement. Where you have a paid subscription, we will have regard to fairness and to consumers' legal rights before removing core paid features during a paid period.

17. Liability and indemnity

Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by law.

If you are a consumer: we are responsible for foreseeable loss or damage caused by our breach of these terms or our failure to use reasonable care and skill, and nothing in these terms excludes or limits your statutory rights. We are not liable to consumers for business losses, as the service is supplied to consumers for private use only.

If you are a business customer: subject to the first paragraph of this section, our total aggregate liability to you arising out of or in connection with these terms shall not exceed the greater of (a) the fees you paid to us in the 12 months immediately before the event giving rise to the claim, and (b) £100; and we shall not be liable to you for any indirect or consequential loss, or for loss of profits, business, revenue, goodwill or anticipated savings, whether arising in contract, tort (including negligence) or otherwise, even if foreseeable or advised of the possibility.

If you are a business customer, you agree to indemnify us against losses, liabilities, costs and expenses (including reasonable legal fees) arising from: your unauthorised resale or commercial exploitation of Exam Happy Content; intellectual-property infringement caused by your use of the service; your unlawful distribution of content; your misuse of student data; and third-party claims arising from your breach of these terms. This indemnity does not apply to consumers.

18. General

Third-party platforms

Purchases or use of the service through the Apple App Store, Google Play, Stripe or other third-party payment, hosting or video services may also be subject to those third parties' terms. Those third parties are not responsible for Exam Happy's educational content or these terms unless stated otherwise by law.

Order of precedence (business customers)

For Tutor Licences and School Licences, if there is a conflict, the following order of priority applies: (1) a signed order form or bespoke licence agreement; (2) a written commercial proposal from us; (3) these terms; (4) pricing-page descriptions; (5) general marketing material.

Variations

A variation of these terms or of your licence is valid only if it is confirmed in writing, is clearly intended to alter the licence, and is approved by an authorised Exam Happy representative. Customer-service messages explaining existing restrictions do not grant additional rights.

Assignment

You may not transfer your licence, sell your account, transfer it on a sale of your tuition business, or assign it to an affiliated company without our prior written consent. We may assign this agreement as part of a reorganisation, investment, asset sale or business sale, subject to any applicable consumer-law restrictions.

Notices

Formal notices relating to a business licence may be served on you at the email address associated with your account or at your business address, and on us at our registered office or at support@examhappy.co.uk. A notice sent by email is deemed received on the next business day after sending; a notice sent by post is deemed received two business days after posting. Everyday customer-service communications are not formal notices.

Changes to these terms

We may update these terms from time to time. We will tell you about material changes, and material changes that are adverse to you will normally apply only from your next renewal. We may make changes with immediate effect where reasonably needed to comply with law, or for security or fraud-prevention reasons. The version of the terms you accepted remains relevant to conduct that occurred while it was in force, and previous versions are available from us on request.

Entire agreement, waiver, severance and law

These terms, together with any documents referred to in them and any written agreement made under the order of precedence above, constitute the entire agreement between you and us for the service. Our failure to exercise or enforce any right under these terms is not a waiver of that right. If any provision of these terms is found unenforceable, the remaining provisions are unaffected. These terms are governed by the law of England and Wales. Business customers submit to the exclusive jurisdiction of the courts of England and Wales; if you are a consumer, you may also bring proceedings in the courts of the part of the UK in which you live.

19. Referral programme

The Exam Happy Referral Programme allows eligible users to invite others to join Exam Happy. When a new user signs up using a valid referral link and verifies their email address, both the referrer and the new user may receive one week of bonus subscription time. Referral rewards are subject to availability and the number of rewards a single user may earn within any calendar year is limited at our discretion.

To be eligible for referral rewards, referrers must hold an active web subscription purchased directly through our website. Subscriptions purchased through the iOS App Store or Google Play Store are not eligible for referral credits. If you currently subscribe through a mobile app store, you may cancel your existing subscription and create a new subscription through our website using the same email address to become eligible; referral credits will then be automatically applied to future billing cycles.

The following activities are strictly prohibited and will result in immediate disqualification from the Referral Programme, forfeiture of any earned rewards, and potential account termination:

creating multiple accounts to refer yourself;
referring accounts that are not genuine users;
offering cash, gifts, or other incentives to referred users;
distributing referral links through spam or unsolicited communications;
making false or misleading claims about the programme; and
using the programme for commercial purposes including affiliate marketing or paid advertising of referral links.

All referrals are subject to verification and we reserve the right to delay, withhold, or revoke rewards pending investigation. Referral credits are non-transferable, hold no cash value, and cannot be withdrawn, exchanged, or refunded. We reserve the right to modify, suspend, or terminate the Referral Programme at any time, with or without notice, and our decision on all matters relating to the programme is final and binding.

20. Contacting us

Please do not hesitate to contact us regarding any matter relating to these Terms of Service and Licence Conditions via email at support@examhappy.co.uk, or by post to EXAM HAPPY LTD, 3 Adolf Street, London, England, SE6 3EJ.

Please view our privacy policy for information on how we handle your data.

Terms of service.