End User Licence Agreement (EULA)

1) Introduction:

1.1 This End User Licence Agreement (“Agreement”) governs the use of The PE Hub Learning Management System (“LMS”) by End Users (as defined at 1.3). The LMS is a platform that is designed to aid lesson planning by providing resources and tools in line with the national curriculum.

1.2 The LMS is provided by Educe Trading Ltd (trading as “The PE Hub”), a UK registered company with company number 08918344 and registered address of Grosvenor House, 11 St. Paul’s Square, Birmingham, England, B3 1RB.

1.3 For the purposes of this Agreement, “End Users” refers to individuals who use the LMS under a licence held by the organisation they are employed by or are otherwise instructed by (the “Organisation”). The relationship between The PE Hub and the Organisation is governed by a separate agreement, The PE Hub Software as a Service Agreement (https://thepehub.co.uk/software-as-a-service-agreement/).

2) Jurisdiction:

2.1 This Agreement and the relationship between The PE Hub and End Users (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England and Wales.

2.2 Any disputes concerning this Agreement or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

3) Account registration:

3.1 An Organisation will initially be invited to use the LMS by a member of The PE Hub’s staff. The Organisation’s first End User will be designated with owner or admin permissions to manage subsequent access within the Organisation.

3.2 Following the onboarding of the first End User, additional End Users may gain access to the LMS by being invited by someone within the Organisation who has owner or admin permissions. If you are meant to have access to the LMS but have not received an invitation, please contact the Organisation’s LMS administrator or the Organisation directly.

3.3 Once you have been invited to the LMS, you will receive an email containing a link. This link will take you to a webpage where you will be able to create your own account and confirm that you have read this Agreement and agree to be bound by it.

4) Access to the LMS:

4.1 Your right to use the LMS comes from the licence that The PE Hub grants to the Organisation under the Software as a Service Agreement. This Agreement does not grant you a separate licence. You may access and use the LMS under the Organisation’s licence, for the Organisation’s teaching purposes, for as long as that licence continues and your account remains active.

4.2 What you can do in the LMS depends on the level of access assigned to you by those with owner or admin permissions within the Organisation. This may include:

  1. using planning and teaching content, such as lesson plans and resources;
  2. keeping records for pupils and classes;
  3. producing reports; and
  4. managing accounts and permissions.

5) Data on Children:

5.1 Due to the nature of the LMS and its target audience, you may have access to data, including personal data, relating to children. For the purposes of this section, a child is defined as an individual below the age of 18 years.

5.2 The Organisation decides what information about children is recorded in the LMS and how it is used. When you work with that information, you should follow the Organisation’s internal data protection practice and procedures. For further information on this, please see clause 6 below.

6) Data protection:

6.1 The Organisation, as the data controller of the personal data relating to its pupils and staff that is held within the LMS, has primary responsibility for compliance with all relevant data protection laws and regulations, including the UK General Data Protection Regulation (“UK GDPR”) and the Data Protection Act 2018 (“DPA’18”). This includes obligations in relation to the processing of personal data of children, and of any special category personal data the Organisation chooses to provide.

6.2 As an End User you acknowledge your responsibility and obligations under the UK GDPR and DPA’18 as an employee of, or someone otherwise instructed by, the data controller (Organisation).

6.3 The PE Hub processes the personal data described at 6.1 on behalf of the Organisation, and is the data controller of your own account details. Our Privacy Policy (https://thepehub.co.uk/privacy/) and Cookie Policy (https://thepehub.co.uk/cookies/) explain how personal data is handled. The Privacy Policy refers to End Users as Staff.

7) Security and acceptable use:

7.1 During the course of using the LMS, you must not:

  1. share your login information or password with any other End User or third party;
  2. invite anyone who is not employed or instructed by the Organisation to join the LMS;
  3. post or otherwise distribute The PE Hub’s intellectual property (“IP”), whether online or offline, without The PE Hub’s written permission, or otherwise infringe any intellectual property rights;
  4. create any prompts, prompt libraries, or outputs intended for use in the development or operation of any artificial intelligence system, or platform used to imitate The PE Hub’s services, using The PE Hub’s IP;
  5. infringe any IP owned by The PE Hub;
  6. access, store, distribute or transmit any viruses or in any way seek to damage, disable or frustrate the use of the LMS;
  7. make available any material that is fraudulent, false, misleading or inaccurate, is unlawful, harmful, threatening, abusive, infringing, defamatory, obscene, harassing or racially or ethnically offensive; or
  8. use the LMS to facilitate illegal activity or in a manner that is otherwise illegal or causes damage or injury to any person or property.

7.2 The PE Hub may suspend or withdraw your access to the LMS where it reasonably believes that you have breached this Agreement.

8) Intellectual property:

8.1 As an End User you acknowledge and agree that The PE Hub owns or has the legal right to use and distribute all IP rights in relation to the LMS.

8.2 All content on the LMS, other than content provided by End Users, belongs to The PE Hub. IP owned by The PE Hub includes:

  1. Tradenames;
  2. Logos;
  3. Text;
  4. Design; and
  5. The underlying software and code.

Specifically, this prohibits the unauthorised use, download, copying and other activities that would dilute or damage The PE Hub’s IP without express permission.

8.3 Except as expressly stated in this Agreement, this Agreement does not grant you rights to, or interest in, any intellectual property rights or any other rights in or in respect of the LMS.

8.4 The PE Hub’s IP, including The PE Hub branding and tradename, shall not be posted or otherwise distributed whether online or offline without written permission from The PE Hub. Where permission is granted, all IP should be appropriately attributed to The PE Hub.

8.5 Where a subscription is cancelled or is not renewed, End Users must delete, destroy or otherwise dispose of any and all PE Hub material. This includes both printed and electronic resources.

9) AI Restrictions:

9.1 End Users:

  1. shall not, except with The PE Hub’s prior written consent, (directly or indirectly) use, input, upload, submit, process, analyse, reproduce, adapt, extract, or otherwise make available any of The PE Hub’s IP to AI or machine learning systems. This includes, but is not limited to, large language models (“LLMs”), generative AI systems, agentic AI systems or third-party AI tools and platforms.
  2. shall take reasonable steps to prevent AI tools, including those built into other software or services they use, from accessing or using The PE Hub’s IP.

10) Modifications and changes:

10.1 The PE Hub reserves the right to modify or amend the terms of this Agreement as necessary at any time. Minor changes will become binding on End Users from the time they are made.

10.2 Should any material changes be made, you will be notified via the LMS at least 30 days before any such changes come into effect.

11) Indemnity and limitation of liability:

11.1 As an End User you shall defend, indemnify, and hold harmless The PE Hub against claims, actions, proceedings, losses, damages, expenses, and costs (including court costs and reasonable legal fees) arising out of or in connection with any breach of this Agreement by you.

11.2 The PE Hub will use reasonable endeavours to ensure the safety, security, and accessibility of the LMS. The LMS is provided to you under the Organisation’s licence, so any claim relating to it is a matter between The PE Hub and the Organisation under the Software as a Service Agreement. The PE Hub is not otherwise liable to an End User for any damages directly or indirectly resulting from the use of the LMS, except for liability that cannot be excluded or limited by law, such as death or personal injury resulting from negligence, or fraud.

11.3 If any other liability to an End User is found not to be excluded by clause 11.2, it shall count towards, and be subject to, the limit on The PE Hub’s liability to the Organisation under the Software as a Service Agreement.

11.4 Lesson plans and resources in the LMS are planning guidance. Decisions about whether an activity is suitable, risk assessment and supervision are for you and the Organisation, in line with the Organisation’s safety policies.

12) Severability:

12.1 If any provisions of this Agreement are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, those provision(s) shall be deemed severed from the remainder of this Agreement.

12.2 In such an event, the remainder of this Agreement shall remain valid and enforceable.