Terms of Use
1. About these Terms
- 1.1 These Terms of Use ("Terms") govern your access to and use of the web portal at betatrainers.com and its subdomains (the "Service"), operated by Beta Trainers, LLC, a Delaware limited liability company, 1111B South Governors Avenue, Dover, DE 19904, United States ("Beta Trainers", "we", "us", "our"). "Beta Trainers" is a trade name of Beta Trainers, LLC. Delaware file number: [INSERT].
- 1.2 By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
- 1.3 If you accept on behalf of an organisation, you confirm you have authority to bind it, and "you" means that organisation (a "Business Customer").
- 1.4 "Consumer" means an individual acting for purposes outside their trade, business, craft or profession. "Business Customer" means any other user.
2. What the Service is
- 2.1 The Service is a browser-based classroom management portal for teachers of English to children aged approximately 3 to 7. It provides, among other things:
- (a) class and pupil registers — attendance status, lateness, absence and excused absence;
- (b) lesson records — ratings, notes and lesson photographs;
- (c) weekly and annual planning tools;
- (d) pupil profiles, attendance history and development reports;
- (e) enquiry handling from your public page and student intake through your profile page;
- (f) a media library of videos, audio and PDFs, including platform-supplied materials and your own;
- (g) invoicing to families, a parents' portal, messaging, testimonials and a teacher community.
- 2.2 The Service is a hosted service. It is delivered only through a supported web browser. No software is downloaded, installed or delivered to you, and you receive no copy of, and no access to, any source code.
- 2.3 We may add, change, suspend or remove features. Where a change materially reduces core functionality, §16 applies.
3. Eligibility — adults only
- 3.1 You must be at least 18 years old and have legal capacity to enter this agreement. The Service is not offered to, and must not be used by, anyone under 18.
- 3.2 You must not create an account for a person under 18, and must not allow anyone under 18 to use your account.
- 3.3 We may require evidence of age or identity and may suspend an account pending verification.
4. Accounts
- 4.1 One account per named individual. You must provide accurate, current information and keep it up to date.
- 4.2 Your credentials are personal and confidential. You are responsible for all activity under your account. Notify us immediately at [email protected] of unauthorised use or suspected compromise.
- 4.3 Account sharing, credential sharing and use beyond your plan's allowance are prohibited. We may use technical measures to detect and enforce this.
- 4.4 We may suspend or restrict an account to protect the Service, other users or any data subject, or where we reasonably suspect a breach.
5. Your right to access the Service
- 5.1 During an active subscription we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service through a supported browser, for your own teaching or your organisation's internal educational purposes, under these Terms and your plan.
- 5.2 This is a right to access a hosted service. It is not a sale or licence of software, and not a licence to any copy of any software. No title, ownership or intellectual property right in the Service passes to you.
- 5.3 Access is personal to the account holder and ends when the subscription ends.
6. Restrictions
- 6.1 You must not, and must not permit any third party to:
- (a) download, copy, reproduce, store, mirror, frame, archive or redistribute the Service or any part of it, except as expressly permitted here or by mandatory law;
- (b) sell, resell, sublicense, rent, lease, lend, share or otherwise make the Service available to a third party, including by sharing account access;
- (c) reverse engineer, decompile, disassemble or attempt to derive the source code, structure or underlying ideas of the Service, except where that restriction is void under applicable law;
- (d) use bots, scrapers, crawlers or automated means to access, extract, index or monitor the Service or its content;
- (e) modify, translate or create derivative works from the Service or its content;
- (f) circumvent, disable or interfere with access controls, usage limits, security features or technical protection measures;
- (g) remove, obscure or alter any copyright, trade mark or proprietary notice;
- (h) use the Service or its content to develop, train or improve a competing product;
- (i) upload or transmit malware, or disrupt or impair the Service or our providers' infrastructure.
- 6.2 Platform-supplied materials — videos, audio, PDFs, curricula, templates, lesson plans — are licensed to you for use within the Service and in your own classroom. They must not be redistributed, published, shared as standalone files, or used to train others commercially without our written permission.
- 6.3 We may suspend access for any breach of this section.
7. Your Content
- 7.1 You keep ownership of Content you upload or create in the Service — pupil records, notes, photographs, invoices, messages and similar.
- 7.2 You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit, display and process your Content solely to operate, provide, secure and support the Service and to comply with law. This licence ends when your Content is deleted, except for copies in backups and where retention is legally required.
- 7.3 You are responsible for your Content and for having a lawful basis to upload it. You confirm you hold all necessary rights, consents and permissions — in particular for personal data and photographs of other people, including children and parents (§9).
- 7.4 We do not monitor Content generally, but may remove Content or suspend accounts where we reasonably believe Content or use breaches these Terms or the law.
8. Intellectual property
- 8.1 The Service, and all content, materials, curricula, videos, audio, PDFs, text, graphics, code, design, features and functionality we make available, together with the "Beta Trainers" and "Classroom Management for Very Young Learners" names and logos, are owned by us or our licensors and protected by copyright, trade mark and other laws.
- 8.2 No rights are granted except as expressly stated in §5 and §6.2.
- 8.3 Feedback. If you send us ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation. Do not send us confidential information you intend to keep confidential.
9. Children's data, pupils, parents and educational records — IMPORTANT
- 9.1 The Service is designed to hold records about children aged approximately 3 to 7, their parents or guardians, and your teaching activity.
- 9.2 You are the controller for that data. We act as your processor. Our processing is governed by the Data Processing Agreement at [INSERT URL], incorporated into these Terms. You must accept and comply with it.
- 9.3 You must:
- (a) have the right and a lawful basis to enter each child's data and photograph into the Service and to send messages to parents;
- (b) obtain and document every consent required by the law applicable to you — including parental or guardian consent where required, and consent for photographs, messaging and any channel such as WhatsApp;
- (c) give parents and guardians the information required by applicable data protection law;
- (d) not upload data you are not permitted to hold, and not use the Service beyond your educational relationship with those children and families.
- 9.4 Children's data may only be processed to deliver your teaching and administrative service. It must not be used for advertising, profiling, behavioural targeting, sale or any commercial purpose of ours. We do not use children's data to train any model, and we do not serve behavioural advertising in the Service.
- 9.5 If you are a school or organisation, you are responsible for any education-records obligations that apply to you, including FERPA in the United States, and for obtaining institutional consents. If you are an individual teacher, you must still meet your own duties as controller.
- 9.6 We will not knowingly allow a child to create an account or use the Service. Accounts are for adults only (§3).
- 9.7 Notice to parents and guardians. If you believe a child's data has been entered into the Service without appropriate consent, contact [email protected] and we will act on the request together with the account holder.
10. Subscriptions, billing and automatic renewal
- 10.1 Plans: monthly and annual. We do not offer a free trial.
- 10.2 Payment is processed by Stripe. Card details are entered directly with Stripe and are not received or stored by us. Third-party providers are listed in §11.
- 10.3 Automatic renewal — read carefully.
- (a) Subscriptions renew automatically at the end of each billing period — monthly for monthly plans, annually for annual plans — at the then-current price, using the payment method on file, until you cancel.
- (b) Before you subscribe, we disclose in a clear and conspicuous manner: that the subscription recurs, the amount and frequency of each charge, the length of the billing period, and how to cancel. You give express affirmative consent to the recurring charges before payment. Your confirmation email restates the recurring terms and the cancellation method.
- (c) Where required by applicable law, including several US states, we send a reminder before an annual renewal, explaining how to cancel.
- 10.4 Price changes. We may change prices. We give at least 30 days' notice before a price change takes effect at your next renewal, by email to the address on your account. If you do not agree, cancel before it takes effect and you will not be charged at the new price. Price changes do not apply retroactively to a period you have already paid for.
- 10.5 Failed payments. If a charge fails we may retry it and may suspend or terminate access if payment is not completed.
- 10.6 Cancellation. You may cancel at any time, without reason, in the account/billing settings of the Service or by writing to [email protected]. Cancellation takes effect at the end of the current paid period; we do not charge you again after that. Access continues to the end of the period you have paid for. Cancellation is as easy as subscribing.
- 10.7 Taxes. Prices are exclusive of applicable taxes unless stated otherwise. Where Stripe acts as merchant of record (§10.8), Stripe determines, collects and remits applicable indirect taxes. Elsewhere you are responsible for taxes applicable to you, other than taxes on our own income.
- 10.8 Merchant of record — Stripe. Some purchases are processed by Stripe as merchant of record. For those transactions the sale is made by the relevant Stripe entity (for example Link, LLC) under Stripe's buyer terms; Stripe issues the invoice and handles indirect tax on that sale; and references here to us as seller of the subscription do not apply to that transaction. In every case we remain the provider of the Service and the supplier of the access right in §5. Where Stripe is not merchant of record, Beta Trainers, LLC is the seller and is responsible for the invoice and for taxes on our own supply to the extent required by law.
- 10.9 Subscriptions bought in the iOS app. Where you subscribe inside the application Classroom Management for VYL, the purchase is an In-App Purchase made with Apple, not with us. Then:
- (a) the price, the billing period, any introductory trial and the amount charged are the ones the App Store shows you before you confirm, in your local currency;
- (b) the subscription renews automatically at the then-current price for the same period unless you cancel at least 24 hours before the end of the current period; Apple charges your Apple ID account within the 24 hours before each renewal;
- (c) you manage and cancel it in your device at Settings → your Apple ID → Subscriptions, or in the App Store's account page — we cannot cancel, refund or change the billing period of an Apple purchase;
- (d) refunds for an Apple purchase are requested from Apple, which decides them under the Apple Media Services terms;
- (e) deleting your account (§14) or uninstalling the app does not cancel the subscription — cancel it with Apple first;
- (f) the licence terms of Apple's Licensed Application End User License Agreement apply to the application, except where these Terms are more protective of you, and Apple is a third-party beneficiary of the provisions that concern it.
- 10.10 Subscriptions bought in the Android app. Where you subscribe inside the Android application Classroom Management for VYL, the purchase is processed by Google Play, not with us. Then:
- (a) the price, the billing period, any introductory trial and the amount charged are the ones Google Play shows you before you confirm, in your local currency;
- (b) the subscription renews automatically at the then-current price for the same period unless you cancel before the end of the current period; Google charges the payment method on file with Google Play;
- (c) you manage and cancel it in Google Play (Play Store → Payments & subscriptions → Subscriptions) — we cannot cancel, refund or change the billing period of a Google Play purchase;
- (d) refunds for a Google Play purchase are requested from Google, which decides them under the Google Play Terms of Service;
- (e) deleting your account (§14) or uninstalling the app does not cancel the subscription — cancel it in Google Play first;
- (f) the Google Play Terms of Service apply to the application where they are more protective of you, and Google is a third-party beneficiary of the provisions that concern it.
11. Third-party services
- 11.1 We use third-party providers, including: Amazon Web Services (hosting and storage, region us-east-1); Stripe (payments and subscription billing); Amazon Simple Email Service (transactional email); Google Analytics (usage analytics); Apple (In-App Purchase for the iOS app); RevenueCat (subscription management for the iOS app). [Confirm the complete list, including any messaging or WhatsApp provider.]
- 11.2 Those providers process data on our behalf under contract, as described in the Privacy Policy and the Data Processing Agreement.
- 11.3 The Service may link to or interoperate with third-party sites and services, including messaging channels. We do not control them and are not responsible for them. Their terms and privacy policies apply, and you must comply with their rules.
12. Privacy, cookies and data protection
- 12.1 Our Privacy Policy at [INSERT URL] and Cookie Policy at [INSERT URL] are incorporated into these Terms.
- 12.2 Controller: Beta Trainers, LLC, 1111B South Governors Avenue, Dover, DE 19904, United States. Data protection contact: [email protected].
- 12.3 We process: name, email address, phone or WhatsApp number where you provide it, subscription and billing records, IP address and device information, usage and event data, and content you upload. Card data is not stored by us; it is handled by Stripe as a PCI DSS-compliant payment provider.
- 12.4 Non-essential cookies and tracking — including analytics cookies and any advertising pixel — are set only with your prior consent, which you give or refuse through our consent tool and may withdraw at any time. Cookies strictly necessary to provide the Service do not require consent. See the Cookie Policy.
- 12.5 International transfers. Your data may be transferred to and processed in the United States and other countries where we or our providers operate. Where required, we rely on appropriate safeguards, including the European Commission's Standard Contractual Clauses and, where applicable, the EU-US Data Privacy Framework or an equivalent mechanism.
- 12.6 Your rights. Subject to applicable law, you may request access, rectification, erasure, restriction, portability and object to certain processing, and may withdraw consent at any time. Contact [email protected]. You may also complain to your local supervisory authority.
- 12.7 Retention. We keep data while your account is active and afterwards for the period required for legal, tax and accounting purposes, then delete or anonymise it. Periods are set out in the Privacy Policy and the Data Processing Agreement.
- 12.8 Security. We apply appropriate technical and organisational measures, including encryption in transit, access controls and hosting in AWS. No system is completely secure.
- 12.9 Breach notification. Where we become aware of a personal data breach affecting your data, we notify you without undue delay and provide the information you need to meet your own notification duties.
- 12.10 Requests concerning pupils. Where a request concerns pupil or parent data you entered, we refer it to you as controller and assist you as required by the Data Processing Agreement.
13. Acceptable use
- 13.1 You must not use the Service to:
- (a) break any law or infringe anyone's rights;
- (b) harass, threaten, defame or harm any person, or post discriminatory or abusive material;
- (c) upload unlawful content, or content you have no right to upload, including images of children lacking the consents required by §9;
- (d) send unsolicited bulk messages, or use messaging or community features for spam;
- (e) attempt to gain unauthorised access to any account, network or system;
- (f) impersonate anyone, or misrepresent your identity, qualifications or affiliation;
- (g) make false or misleading claims to parents through the Service.
- 13.2 Community and user content. The Service includes a teacher community, testimonials and messaging. If you post, you keep ownership and grant the licence in §7.2. You are responsible for what you post. We may remove content that breaches these Terms and may suspend accounts. We are not obliged to monitor, but we may.
- 13.3 Copyright complaints. If you believe content in the Service infringes your copyright, send a notice to our designated agent at [DESIGNATED AGENT NAME AND ADDRESS], containing the information required by 17 U.S.C. §512(c)(3). We respond as required by law, including removing or disabling access to the material and notifying the affected user, and we maintain a repeat-infringer policy.
14. Suspension and termination
- 14.1 You may stop using the Service or cancel your subscription at any time (§10.6).
- 14.2 We may suspend or terminate access immediately, with or without notice, if: you materially breach these Terms; we are required by law; your use creates a risk to the Service, to another user, or to any data subject, including any child; or payment is not completed.
- 14.3 We may discontinue the Service or a feature. If we discontinue the Service entirely we give reasonable notice and, where required, a pro-rata refund of prepaid fees for the unused period.
- 14.4 On termination: your access right ends; you may request an export of your Content in a standard format during the period stated in the Data Processing Agreement, after which we delete it per our retention policy. Provisions that by their nature should survive — including §6, §7.2, §8, §15, §17, §18 and §19 — survive.
15. Disclaimers
- 15.1 Educational and administrative tool only. The Service is an organisational and administrative tool. It does not provide legal, tax, accounting, medical, safeguarding, child protection or educational advice. You remain responsible for your professional, legal, safeguarding, child protection and record-keeping obligations. We do not supervise children and we do not replace any required safeguarding process.
- 15.2 No guaranteed outcomes. We make no promise and give no guarantee that use of the Service will produce any particular teaching result, grade, retention, enrolment, income or other outcome. Any figures, examples or case studies we publish are illustrative and are not a promise of results.
- 15.3 Availability. We do not commit to any service level or uptime. The Service is provided "as is" and "as available". We do not warrant that it will be uninterrupted, timely, secure or error-free, or that defects will be corrected.
- 15.4 To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement.
- 15.5 Nothing in these Terms excludes or limits any warranty, right or remedy you have under mandatory law that cannot be excluded or limited — including, for Consumers, statutory conformity rights for digital services and digital content under Directive (EU) 2019/770 and equivalent national law.
16. Changes to these Terms
- 16.1 We may update these Terms to reflect changes in the Service, in law, or in how we operate. The "Last updated" date shows the current version.
- 16.2 For material changes we give at least 30 days' notice, by email to the address on your account and by a prominent notice in the Service. Non-material changes — clarifications, corrections, or changes required immediately by law — may take effect on posting.
- 16.3 If you do not agree to a material change, cancel before it takes effect (§10.6). Where a material change is to your disadvantage and applicable law so provides, you may terminate and receive a pro-rata refund of prepaid fees for the unused period.
- 16.4 Continued use after the effective date is acceptance of the updated Terms.
17. Liability
- 17.1 Nothing here excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any liability that cannot lawfully be excluded or limited.
- 17.2 Subject to §17.1, and to the fullest extent permitted by law, we are not liable for indirect, incidental, special, exemplary, punitive or consequential losses, or for loss of profit, revenue, business, opportunity, goodwill or anticipated savings, or for loss of or corruption of data beyond the cost of restoring it from backups we maintain.
- 17.3 Subject to §17.1, our total aggregate liability arising out of or relating to these Terms or the Service is limited to the total amount you paid us in the 12 months immediately before the event giving rise to the claim.
- 17.4 Consumers. For Consumers, §17.2 and §17.3 apply only to the extent permitted by the mandatory law of your country of residence. Nothing here limits your statutory rights as a consumer, including rights in respect of defective digital services or digital content.
- 17.5 Business Customers. For Business Customers, §17.2 and §17.3 apply in full. We are not liable for unauthorised access to, alteration of, or loss of Content not caused by our breach.
- 17.6 Each provision of this section operates separately. If a limitation is unenforceable, the remaining limits still apply.
18. Indemnity
- 18.1 Business Customers indemnify and hold us harmless against third-party claims, losses and reasonable costs arising from your Content; your use of the Service in breach of these Terms; your breach of §9; or your violation of any law or third-party right.
- 18.2 Consumers indemnify us only to the extent permitted by the mandatory law of your country of residence, and only for losses we suffer as a direct result of your breach of these Terms or your unlawful use of the Service.
19. Governing law and disputes
This section works differently for Consumers and Business Customers.
- 19.1 Business Customers. These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws rules. The courts of the State of Delaware have exclusive jurisdiction, and you and we submit to it. The UN Convention on Contracts for the International Sale of Goods does not apply. Alternatively, at our option, disputes may be resolved by binding arbitration seated in Wilmington, Delaware, under the Commercial Arbitration Rules of the American Arbitration Association, before one arbitrator, in English. Any arbitration is individual; you and we each waive any right to bring or participate in a class or representative action. Judgment on the award may be entered in any court of competent jurisdiction.
- 19.2 Consumers. Nothing in these Terms deprives you of the protection of the mandatory provisions of the law of the country in which you have your habitual residence, and nothing limits any right you have to bring proceedings, or to be sued, in the courts of that country. Where mandatory law gives you that right, you may bring proceedings in the courts of your place of residence. Mandatory arbitration and class-action waiver do not apply to you. Where a dispute is not subject to mandatory local jurisdiction, these Terms are otherwise governed by the laws of the State of Delaware, United States.
- 19.3 Informal resolution first. Before starting formal proceedings, contact us at [email protected] and give us 30 days to resolve the matter. This does not prevent you from going to court, from contacting a supervisory or consumer authority, or from exercising any right that must be available immediately.
20. Notices
- 20.1 To you: by email to the address registered on your account, or by notice in the Service. Effective on sending.
- 20.2 To us: [email protected], or by post to Beta Trainers, LLC, 1111B South Governors Avenue, Dover, DE 19904, United States.
- 20.3 Keep your email address current. You are deemed to have received a notice sent to the address on your account.
21. Miscellaneous
- 21.1 Entire agreement. These Terms, with the Privacy Policy, Cookie Policy and Data Processing Agreement, are the entire agreement about the Service and replace prior understandings.
- 21.2 Severability. If a provision is unenforceable it is modified to the minimum extent necessary, or severed, and the rest remains in force.
- 21.3 No waiver. Failure to enforce a provision is not a waiver of it.
- 21.4 Assignment. We may assign or transfer these Terms, including in a merger, acquisition or sale of assets. You may not assign without our written consent. We will notify you of a transfer that materially affects you, and you may cancel if you do not agree.
- 21.5 No third-party beneficiaries, except that our licensors and providers may rely on provisions that protect them.
- 21.6 Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.
- 21.7 Language. These Terms are concluded in English, and the English version governs.
22. Contact
Beta Trainers, LLC — 1111B South Governors Avenue, Dover, DE 19904, United States · Email: [email protected] · Website: https://betatrainers.com