1. Definitions and Interpretation

1.1 Service Provider: The Service is provided by Early Tree Limited (Company Number: 14693946), a company registered in England and Wales, trading as "Inspector Who" with registered office at 8 Oak Field, Brayton, Selby, England, YO8 9QZ. The company is directed by Paul Porter-Phillips and Stephanie Porter-Phillips.

1.2 Definitions:

• "Service" means the Inspector Who platform, website, and all associated services
• "User," "You," or "Your" refers to any individual or entity accessing or using the Service
• "We," "Us," or "Our" refers to Early Tree Limited trading as Inspector Who
• "Content" means all data, text, graphics, reports, and other materials available through the Service
• "Account" means your registered user account on the Service
• "Subscription" means any paid service plan offered through the Service

2. Acceptance of Terms

2.1 By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

2.2 If you do not agree to these Terms, you must immediately discontinue use of the Service.

2.3 You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this binding agreement.

2.4 If you are accessing the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind such entity to these Terms.

3. Description of Service

3.1 Overview: Inspector Who provides a comprehensive platform for accessing, analyzing, and monitoring educational inspection data in the United Kingdom. The Service includes but is not limited to:

• Search and discovery of inspection reports from Ofsted and other regulatory bodies
• Inspector profiles, performance metrics, and analytics
• Educational establishment information and inspection histories
• Follow functionality for inspectors and educational establishments
• Email and in-app alerts and notifications
• Aggregated statistics and trend analysis

3.2 Data Sources and Calculation:

• All inspection data is sourced from publicly available reports published by Ofsted and other official regulatory bodies
• Data is processed, aggregated, and analyzed by our proprietary algorithms and systems
• Performance metrics, statistics, and analytics are calculated and derived from source inspection reports and are not official Ofsted statistics
• Data updates occur periodically with an approximate 7-day lag from the original publication date by regulatory authorities

3.3 Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice. We shall not be liable for any such modification, suspension, or discontinuation.

4. User Accounts and Registration

4.1 Account Creation: To access certain features of the Service, you must create an account by providing accurate, current, and complete information including your name, email address, and password.

4.2 Account Security:

• You are solely responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use of your account or any other security breach
• We shall not be liable for any loss or damage arising from your failure to comply with these security obligations

4.3 Account Accuracy: You agree to maintain accurate, current, and complete account information. Failure to do so may result in immediate termination of your account.

4.4 Account Transfer: Accounts are non-transferable and may not be shared with or assigned to third parties.

5. Subscriptions and Payment Terms

5.1 Subscription Plans: Certain features of the Service require a paid Subscription. Current subscription plans and pricing are available on our website.

5.2 Payment:

• Subscription fees are charged in advance on a monthly or annual basis as selected
• All fees are in GBP (£) unless otherwise stated
• Payment is processed through Stripe, our third-party payment processor
• By providing payment information, you authorize us to charge your payment method for all fees incurred

5.3 Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled prior to the renewal date.

5.4 Refunds: All subscription fees are non-refundable except as required by law or as expressly stated in our refund policy. No refunds or credits will be provided for partial months or years of service, or for unused portions of cancelled subscriptions.

5.5 Price Changes: We reserve the right to modify subscription pricing at any time. Price changes will take effect at the start of the next subscription period following notice to you.

5.6 Failed Payments: If a payment fails, we may suspend or terminate your access to paid features until payment is successfully processed.

6. Acceptable Use Policy

6.1 Permitted Use: You may use the Service solely for lawful purposes and in accordance with these Terms. The Service is intended for:

• Research and analysis of educational inspection data
• Monitoring inspection reports for inspectors and establishments of interest
• Professional development and educational purposes

6.2 Prohibited Activities: You expressly agree NOT to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Violate or infringe upon the intellectual property rights, privacy rights, or other rights of any third party
• Use automated systems, bots, scripts, or scrapers to access, copy, or extract data from the Service without express written permission
• Attempt to gain unauthorized access to any portion of the Service, other accounts, or computer systems or networks connected to the Service
• Probe, scan, or test the vulnerability of the Service or any network connected to the Service
• Breach or circumvent any security or authentication measures
• Interfere with, disrupt, or create an undue burden on the Service or networks connected to the Service
• Upload, post, or transmit any viruses, malware, or other malicious code
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Harass, abuse, threaten, or harm any other user
• Collect or harvest any personally identifiable information from the Service
• Use the Service to send unsolicited communications or spam
• Republish, redistribute, or resell data obtained from the Service without permission
• Create derivative databases or compile data from the Service for commercial purposes
• Use the Service in any manner that could damage, disable, overburden, or impair the Service
• Remove, obscure, or alter any proprietary rights notices displayed in or along with the Service

6.3 Consequences of Violation: Violation of this Acceptable Use Policy may result in immediate termination of your account, legal action, and referral to appropriate law enforcement authorities.

7. Intellectual Property Rights

7.1 Ownership: The Service, including all content, features, functionality, software, code, designs, graphics, logos, and trademarks, is owned by Early Tree Limited and is protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes only.

7.3 Source Data: Inspection reports and source data obtained from Ofsted and other regulatory bodies remain subject to the Open Government Licence and the terms and conditions of the respective regulatory bodies.

7.4 Restrictions: You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer, decompile, or disassemble the Service
• Create derivative works based on the Service
• Use any of our trademarks, service marks, or branding without written permission

7.5 User Content: You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content as necessary to operate the Service.

8. Data Accuracy and Disclaimers

8.1 Data Accuracy:

• While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, timeliness, reliability, or suitability of any data or content provided through the Service
• All data is subject to an approximate 7-day lag from official publication
• Calculated metrics, statistics, and analytics are derived interpretations and are not official Ofsted statistics or ratings
• Data may contain errors, omissions, or inconsistencies

8.2 Verification Responsibility: You are solely responsible for verifying the accuracy of any information obtained from the Service before relying on it for any purpose. For official inspection data, please refer directly to Ofsted or the relevant regulatory authority.

8.3 No Professional Advice: The Service does not provide professional, legal, financial, or educational advice. Content provided is for informational purposes only and should not be relied upon as a substitute for professional consultation.

8.4 Third-Party Content: We are not responsible for the accuracy, legality, or appropriateness of any third-party content, including content from regulatory bodies.

9. Disclaimer of Warranties

9.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

9.2 TO THE FULLEST EXTENT PERMITTED BY LAW, EARLY TREE LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SERVICE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES REGARDING THE RESULTS OBTAINED FROM USE OF THE SERVICE

9.3 We do not warrant that the Service will meet your requirements or that it is suitable for any particular purpose.

9.4 No advice or information obtained from us or through the Service shall create any warranty not expressly stated in these Terms.

10. Limitation of Liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARLY TREE LIMITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Loss of goodwill or reputation
• Business interruption
• Cost of procurement of substitute goods or services
• Any other intangible losses

10.2 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such damages.

10.3 IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR £100, WHICHEVER IS GREATER.

10.4 Nothing in these Terms shall exclude or limit our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by English law

10.5 You acknowledge that the limitations of liability in this section are fundamental elements of the agreement between you and us, and that we would not be able to provide the Service without these limitations.

11. Indemnification

11.1 You agree to indemnify, defend, and hold harmless Early Tree Limited, its directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of any third party
• Your violation of any applicable laws or regulations
• Any content you submit or share through the Service

11.2 We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12. Termination

12.1 Termination by You: You may terminate your account at any time by contacting us or using the account deletion feature. Upon termination, your right to use the Service will immediately cease.

12.2 Termination by Us: We reserve the right to suspend or terminate your account and access to the Service, with or without notice, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Non-payment of fees
• At our sole discretion for any other reason

12.3 Effect of Termination:

• All licenses and rights granted to you under these Terms will immediately cease
• You must immediately cease all use of the Service
• We may delete your account and all associated data
• Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

12.4 No Refunds: Termination of your account does not entitle you to any refund of fees already paid, except as required by law.

13. Privacy and Data Protection

13.1 Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

13.2 By using the Service, you consent to our collection and use of personal data as described in the Privacy Policy.

13.3 We comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

14. Changes to Terms

14.1 We reserve the right to modify, amend, or replace these Terms at any time at our sole discretion.

14.2 We will provide notice of material changes by:

• Posting the updated Terms on the Service with a revised "Last Updated" date
• Sending an email notification to the address associated with your account
• Displaying a prominent notice on the Service

14.3 Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Service.

14.4 It is your responsibility to review these Terms periodically for changes.

15. Governing Law and Jurisdiction

15.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

15.2 Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

15.3 If you are a consumer resident in the European Union, you may have the right to bring proceedings in the courts of your country of residence.

16. Dispute Resolution

16.1 Informal Resolution: Before initiating formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at legal@inspectorwho.com with a detailed description of the dispute.

16.2 Mediation: If informal resolution is unsuccessful, both parties agree to attempt mediation before pursuing litigation.

16.3 Class Action Waiver: To the extent permitted by law, you agree that any dispute will be conducted on an individual basis and not as a class, consolidated, or representative action.

17. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Early Tree Limited concerning the Service and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written.

20. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

21. Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms or delegate any of our obligations at any time without notice to you.

22. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us at:

Early Tree Limited trading as Inspector Who
Email: legal@inspectorwho.com
Support Email: support@inspectorwho.com
Registered Office: 8 Oak Field, Brayton, Selby, England, YO8 9QZ
Company Number: 14693946
Directors: Paul Porter-Phillips and Stephanie Porter-Phillips