Terms of Service

1. Introduction

These Terms of Service ("Terms") are a legal agreement between you (or the organisation you represent) and Teach HQ Limited, a company registered in England and Wales (Company No. 14516976), trading as BespokeLMS ("we", "us", "our"). Our registered office is at Moor Park House, Bawtry Road, Wickersley, Rotherham, S66 2BL.

By creating an account, starting a free trial, or subscribing to BespokeLMS, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other organisation, you represent that you have the authority to do so, and these Terms bind that organisation.

If you do not agree to these Terms, you may not access or use BespokeLMS. Please read them carefully before proceeding.

2. Eligibility & accounts

To use BespokeLMS you must:

• Be at least 18 years old and have the legal capacity to enter into a contract.
• Use the service on behalf of a legitimate business, educational institution, or training organisation.
• Provide accurate, complete, and up-to-date account information.

You are responsible for maintaining the security of your account credentials. You must not share login details or allow unauthorised access to your account. Notify us immediately at hello@bespokelms.com if you suspect a security breach.

We reserve the right to refuse registration or cancel accounts that violate these Terms or that we reasonably believe may cause harm to other users or to BespokeLMS.

3. The service

BespokeLMS is a cloud-based learning management system (LMS) that enables organisations to create, manage, and deliver online training to their learners. Key capabilities include course authoring, white-label branding, learner progress tracking, assessments, and reporting.

We grant you a limited, non-exclusive, non-transferable licence to access and use BespokeLMS solely for your internal business purposes, subject to your active subscription and compliance with these Terms.

We may update, modify, or discontinue features of the service at any time. Where we make material changes that affect your core workflow, we will provide at least 30 days' advance notice by email.

BespokeLMS is not designed or intended for use by or in connection with individuals under the age of 16. If your platform will be accessed by minors, you must obtain all required parental or guardian consents prior to granting access.

4. Subscriptions & payment

Plans and billing

BespokeLMS is offered on a subscription basis. Your plan, pricing, and billing cycle are set out in your order form or our current pricing page. Prices are quoted in pounds sterling (GBP) and are exclusive of VAT unless stated otherwise.

Subscriptions renew automatically at the end of each billing period unless cancelled in advance. You authorise us to charge your chosen payment method for recurring fees.

Free trials

Where we offer a free trial, access is granted for the stated trial period. At the end of the trial, you will be asked to subscribe to continue using the service. We will not charge you without your explicit consent.

Late payment

If payment fails, we will attempt to notify you. Accounts with overdue balances may have functionality restricted after 7 days and suspended after 14 days. We reserve the right to charge statutory interest on overdue amounts under the Late Payment of Commercial Debts (Interest) Act 1998.

Refunds

Subscription fees are non-refundable except where required by law or where we have materially failed to deliver the service as described. Disputes must be raised within 30 days of the charge.

5. Acceptable use

You agree to use BespokeLMS only for lawful purposes. You must not:

• Upload, publish, or distribute content that is unlawful, harmful, defamatory, discriminatory, or infringes any third party's intellectual property rights.
• Attempt to gain unauthorised access to any part of the service, its underlying infrastructure, or any third-party systems connected to it.
• Use the platform to send unsolicited communications (spam) to learners or other parties.
• Reverse engineer, decompile, or attempt to extract the source code of any part of BespokeLMS.
• Resell, sublicense, or otherwise commercialise access to BespokeLMS without our written permission.
• Use automated tools, bots, or scripts to scrape or extract data from the platform without express authorisation.
• Introduce malware, viruses, or any code designed to disrupt, damage, or gain unauthorised access to the service.

We may investigate suspected violations and, where confirmed, immediately suspend or terminate your account without refund.

6. Intellectual property

Our intellectual property

All intellectual property rights in BespokeLMS — including the software, platform architecture, user interface, design, documentation, and brand — belong to Teach HQ Limited or our licensors. These Terms do not transfer any ownership of our intellectual property to you.

Your content

You retain ownership of all content you upload to BespokeLMS — including courses, documents, images, videos, and learner data ("Your Content"). By uploading content, you grant us a limited, non-exclusive licence to host, store, and display Your Content solely as necessary to deliver the service to you.

You represent and warrant that you have all rights necessary to upload Your Content and that it does not infringe any third-party intellectual property rights.

Feedback

If you provide us with feedback, suggestions, or ideas about BespokeLMS, you assign to us the right to use that feedback without restriction or compensation. We welcome your input and may use it to improve the product.

7. Data & privacy

Your use of BespokeLMS involves the processing of personal data. Our Privacy Policy explains what data we collect, how we use it, and your rights under UK GDPR. The Privacy Policy is incorporated into these Terms by reference.

Where you use BespokeLMS to process personal data about your learners, you act as the data controller and we act as your data processor. A Data Processing Agreement ("DPA") governs our processing activities on your behalf. By accepting these Terms, you also accept the terms of our DPA. Contact us at privacy@bespokelms.com to request a copy of the DPA.

You are responsible for ensuring that you have lawful grounds to collect and process your learners' personal data, and for providing your learners with appropriate privacy notices.

8. Confidentiality

Each party may have access to the other's confidential information in the course of using and delivering BespokeLMS. "Confidential Information" means any information that is designated as confidential or that a reasonable person would understand to be confidential given the context.

Both parties agree to:

• Use Confidential Information only for the purposes of performing their obligations under these Terms.
• Not disclose Confidential Information to third parties without the other party's prior written consent.
• Apply reasonable measures to protect the confidentiality of the other party's information, no less rigorous than those applied to their own confidential information.

These obligations do not apply to information that is (a) already publicly known, (b) independently developed without reference to the Confidential Information, (c) received from a third party without restriction, or (d) required to be disclosed by law or court order.

9. Availability & SLA

We target a monthly uptime of 99.9% for BespokeLMS, measured excluding planned maintenance windows. We will communicate scheduled maintenance at least 48 hours in advance where possible, and will aim to schedule it during off-peak hours (weekends or late evenings UK time).

Downtime caused by events outside our reasonable control — including internet outages, third-party infrastructure failures, or force majeure events — does not count toward the SLA calculation.

In the event of unplanned downtime exceeding our SLA, please contact us at hello@bespokelms.com. We will investigate promptly and may offer pro-rata service credits at our discretion.

10. Limitation of liability

To the fullest extent permitted by applicable law:

• No indirect losses. Neither party is liable to the other for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity, arising from or in connection with these Terms or the use of BespokeLMS.
• Cap on liability. Our total aggregate liability under or in connection with these Terms — whether in contract, tort (including negligence), or otherwise — is limited to the fees paid by you to BespokeLMS in the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be excluded or limited under applicable law.

BespokeLMS is provided "as is" without warranties of any kind beyond those expressly stated in these Terms. We do not warrant that the service will be uninterrupted, error-free, or fit for any particular purpose beyond its described functionality.

11. Termination

Termination by you

You may cancel your subscription at any time by contacting us or using the account settings. Cancellation takes effect at the end of your current billing period. You will retain access to the platform until that date and will not receive a refund for any unused portion of your subscription.

Termination by us

We may suspend or terminate your account immediately and without notice if:

• You materially breach these Terms and fail to remedy the breach within 14 days of written notice.
• You are in persistent breach of these Terms.
• You become insolvent or subject to insolvency proceedings.
• Your use of the service poses a security risk or is causing harm to other customers.

Effect of termination

On termination, your right to access BespokeLMS ceases immediately. We will retain your data for 30 days following termination, during which time you may request an export of Your Content. After 30 days, your data will be securely deleted unless we are legally required to retain it.

12. Governing law

These Terms and any disputes arising from them are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

Both parties agree to attempt to resolve any dispute informally in the first instance by contacting us at hello@bespokelms.com. If a dispute cannot be resolved informally within 30 days, both parties submit to the exclusive jurisdiction of the courts of England and Wales.

13. Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent version.

For material changes — such as changes to payment terms, liability, or acceptable use — we will notify active subscribers by email at least 30 days before the changes take effect. You will have the opportunity to review and, if you disagree, terminate your subscription without penalty before the effective date.

Continued use of BespokeLMS after the effective date of any change constitutes acceptance of the updated Terms.

14. Contact us

For any questions about these Terms, please contact us: