PART A: GENERAL CORE TERMS

This Subscription Agreement ("Agreement") is made between Homegrown Learning Limited (trading as "Collage"), a company registered in England and Wales under company number 11818690, registered office at The Workbox, Wharf Rd, Penzance, Cornwall, TR18 4FG ("Company", "we", "us", "our"), and the individual, business, or public sector organisation subscribing to or accessing the Collage App ("Subscriber", "you", "your").

This Agreement consists of these General Core Terms (applying to all Subscribers) and the Schedule applicable to the Subscriber's entity type:

• Schedule 1: Consumer (B2C) Terms
• Schedule 2: Business (B2B) Terms
• Schedule 3: Public Sector & Educational Bodies Schedule

Where a Schedule conflicts with these Core Terms, the Schedule takes precedence for matters within its scope.

1. Structure & Incorporation

1.1 By creating an Account, starting a trial, or executing an Order Form, you agree to be bound by this Agreement.

1.2 This Agreement incorporates our Privacy Policy and Cookie & Tracking Technologies Policy.

1.3 This Agreement incorporates, and takes precedence over, any applicable Order Form, save that the Order Form shall prevail as to commercial terms (fees, term length, named users) where it expressly varies these Core Terms.  

2. Service Provision & Grant of Licence

2.1 The Service: The Collage App is a web-based digital portfolio application designed for home-educating families to record, track, and store learning activities, including uploading photographs, videos, audio recordings, documents, and logging progress against relevant curriculum standards.

2.2 Licence Grant: Subject to payment of applicable Subscription Fees, the Company grants you a limited, non-exclusive, non-transferable right to access and use the Web App during the Subscription Term.

2.3 Educational Disclaimer: Collage provides portfolio organisation tools and curriculum alignment materials (including UK National Curriculum content used under the Open Government Licence). The Company does not provide formal teaching, tutoring, or regulatory assessment, and makes no guarantees regarding statutory educational compliance or outcomes.

3. Accounts & Parental Authority

3.1 Account holders must be at least 18 years of age and legally competent.

3.2 You are responsible for safeguarding your login credentials and for all activities carried out under your Account. Promptly notify us at hello@collageapp.co.uk if you suspect unauthorised access.

3.3 Children's Data: The app allows input of child details, including name and date of birth. You warrant that you possess parental responsibility, or express legal authorisation from the person(s) with parental responsibility, to upload personal data, photos, and videos of any Child registered on your Account.

3.4 Content Authorisation Indemnity: You shall indemnify and hold the Company harmless against all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or connected with any breach of the warranty at clause 3.3, including any claim brought by a third party (including a parent, guardian, or Child) alleging that you lacked authorisation to upload their personal data, images, or other User Content.  

4. User Content & Intellectual Property

4.1 Ownership: You retain full ownership of all User Content (photos, videos, work samples, notes, and records) uploaded to your Account.

4.2 Licence to Host: You grant the Company a non-exclusive, worldwide, royalty-free licence to host, store, back up, and display User Content solely as necessary to operate the Collage App, provide support, and fulfil legal obligations.

4.3 Company IP: All rights, title, and interest in the Collage App platform, brand, layout, and underlying code belong exclusively to Homegrown Learning Limited.

5. Data Protection & Cybersecurity

5.1 UK GDPR Compliance: Both parties shall comply with applicable UK Data Protection Legislation. The Company processes Personal Data (including names and dates of birth) in accordance with its Privacy Policy.

5.2 Security Standards: The Company maintains appropriate technical and organisational measures to safeguard data against unauthorised access, loss, or corruption. The Company undergoes annual UK Cyber Essentials assessment and certification.

5.3 Sub-processors: The Company uses third-party sub-processors to provide the Service, including Stripe, Inc. (payment processing) and its hosting infrastructure provider. A current list of sub-processors, including their location and the safeguards applied, is available at [collageapp.co.uk/sub-processors] and will be updated with reasonable advance notice of any material change.  

5.4 International Transfers: Where Personal Data is transferred outside the UK, the Company shall ensure an adequate level of protection is in place, whether by way of an adequacy decision, the UK International Data Transfer Addendum to the EU Standard Contractual Clauses, or another lawful transfer mechanism recognised under UK Data Protection Legislation.  

5.5 Business and Public Sector Subscribers acting as Data Controller in respect of data relating to third parties (for example, pupils or clients who are not the Subscriber's own children) should refer to the Data Processing Addendum incorporated at Schedule 2 (B2B) or Schedule 3 (Public Sector), as applicable.  

6. Limitations of Liability & Warranties

6.1 Uptime & Availability: The Collage App is provided using reasonable skill and care. The Company does not guarantee uninterrupted or error-free operation.

6.2 Unforeseen Events: Neither party is liable for failure or delay resulting from events outside its reasonable control (Force Majeure).

6.3 Statutory Liability: Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.

7 Confidentiality 

7.1 Each party shall keep confidential all non-public information disclosed by the other party in connection with this Agreement and shall not disclose it to any third party except to the extent necessary to perform its obligations, as required by law or regulatory authority, or with the disclosing party's prior written consent.  

7.2 This clause survives termination or expiry of this Agreement.  

8 Assignment  

8.1 The Subscriber may not assign, transfer, or subcontract any of its rights or obligations under this Agreement without the Company's prior written consent, not to be unreasonably withheld. The Company may assign this Agreement in connection with a merger, acquisition, corporate reorganisation, or sale of substantially all of its assets, provided the assignee agrees to be bound by its terms.  

9 Entire Agreement, Variation & Severability  

9.1 This Agreement (including the applicable Schedule, any Order Form, and the policies incorporated by reference) constitutes the entire agreement between the parties and supersedes all prior discussions, representations, or agreements on its subject matter.  

9.2 The Company may vary these Core Terms and Schedules from time to time. For Consumer Subscribers, changes affecting price or core features are subject to clause 2.4 of Schedule 1. For all other Subscribers, material changes will be notified with at least 30 days' notice; continued use of the Service after that date constitutes acceptance.  

9.3 If any provision of this Agreement is held invalid or unenforceable, the remaining provisions continue in full force, and the parties shall negotiate in good faith to replace the invalid provision with one of similar commercial effect. 

10 Notices  

10.1 Notices to the Company shall be sent to hello@collageapp.co.uk. Notices to the Subscriber shall be sent to the email address associated with the Account. Notices are deemed received 24 hours after sending, provided no delivery failure notification is received.  

11 Definitions  

11.1 "Order Form" means any order, quote, or online checkout process by which a Subscriber selects a paid plan, which references and incorporates this Agreement.  

11.2 "Subscription Term" means the period beginning on the date the Subscriber's paid subscription commences (i.e., at the end of any free trial, or immediately on payment if no trial applies) and continuing until the subscription is cancelled or terminated in accordance with the applicable Schedule. 

11.3 "User Content" means all photographs, videos, audio recordings, documents, notes, and other material uploaded to the Service by or on behalf of the Subscriber.