← Back

Terms of Service

Last updated: 9 May 2026

These Terms of Service govern use of eViva (the "Service"). They are entered into between Copeland Digital Ltd, a company registered in England and Wales (Company No. 17207220, registered office 6 Brynbala Way, Rumney, Cardiff, CF3 1SX) ("we", "us"), and (a) the Teacher who signs in to the Service, in respect of the Teacher’s own use, and (b) the School on whose behalf the Teacher is using the Service, in respect of the processing of Student personal data and the use of the Service for assessment purposes. By signing in to the Service, the Teacher accepts these terms personally and confirms that the School has authorised the Teacher’s use of the Service. Paid use of the Service requires the School to enter into a separate institutional agreement with us (including a Data Processing Agreement, available on request).

Definitions

In these terms:

  • "Service" means eViva, the oral assessment recording service operated by Copeland Digital Ltd at eviva.tech.
  • "School" means the educational institution on whose behalf the Service is used, including any group of schools, multi-academy trust, or local authority that enters into an agreement with us.
  • "Teacher" means an authorised member of School staff who creates an account on the Service.
  • "Student" means a pupil at the School to whom a Teacher sends a recording link.
  • "Authorised User" means a Teacher signed in to the Service, or any other individual authorised by the School to use the Service.
  • "Content" means the questions, Student information, recordings, and other material created or uploaded by Authorised Users.
  • "Personal Data" has the meaning given in the UK GDPR.

The Service

The Service enables Teachers to set short oral viva questions, share personal recording links with Students, and receive timestamped video recordings of Student responses. In normal use, recordings are uploaded directly from the Student’s browser to the Teacher’s own school Google Drive without passing through our servers. An optional demo-mode for product demonstrations briefly stores video bytes on our servers in the EU before copying them to the Teacher’s Drive. We do not mark, grade, or train any model on Student responses.

Teachers may build the Student list for an assignment by typing it in, by uploading a CSV, or by importing a roster from a Google Classroom course they already have access to. The Classroom import path is optional and read-only; we do not write to Classroom.

Eligibility and accounts

Teacher accounts are created by signing in with a Google account associated with a School. The School is responsible for ensuring that only Authorised Users sign in on its behalf. Students do not create accounts; they receive a unique per-Student link from their Teacher.

Acceptable use

You agree not to use the Service to:

  • collect recordings from anyone other than Students of the School
  • impersonate another person or misrepresent your role
  • upload Content that is unlawful, harmful, or infringes the rights of others
  • circumvent technical limits, attempt to access other Schools’ data, or test for vulnerabilities outside a coordinated arrangement with us
  • resell, redistribute, or repackage the Service without our written agreement

We may suspend or terminate accounts that breach these terms. For non-payment of fees, we will give the School at least 14 days’ notice to remedy the breach before suspending. For breaches that pose a security or safeguarding risk, we may suspend immediately, with notice provided as soon as reasonably possible.

Pilots and free use

Pilot deployments are provided free of charge for a defined period agreed in advance. During the pilot the Service is provided on an as-is basis with no service level commitments. Either party may end the pilot at any time. At the end of the pilot, the School may continue on a paid plan or withdraw, in which case Student data will be deleted on request in line with our Privacy Policy.

Paid subscriptions

Subscription terms, pricing, and the scope of included usage will be set out in a separate order form or pricing page agreed with each School or trust. Fees are payable in advance unless otherwise agreed. We may change pricing for new subscription terms with at least 30 days’ written notice; existing committed terms are honoured to the end of their period.

Data ownership and access

The School retains ownership of all Student data processed through the Service. Recordings are uploaded directly to the Teacher’s Google Drive and remain under the School’s control. We hold metadata necessary to operate the Service (assignment titles, Student names and emails, timestamps, session events) and act as a data processor under UK GDPR Article 28 in respect of that metadata.

The current sub-processors used to deliver the Service are listed in the Privacy Policy. We will give the School reasonable advance notice of any new or replacement sub-processor with access to Student Personal Data, and the School may object to such a change. A separate UK GDPR Article 28 processor agreement is available on request.

Service availability

We aim to keep the Service available at all times but do not guarantee uninterrupted access. We may perform maintenance, apply updates, or suspend the Service in response to security incidents. We will give reasonable notice of planned downtime where possible.

Intellectual property

We own the Service, including its software, branding, and documentation. Teachers and Schools own the Content they create, including assignment questions, Student lists, and recordings. You grant us a non-exclusive, royalty-free, worldwide licence to host, process, transmit, and display Content solely for the purpose of providing the Service, for the term of these terms.

Privacy

Our handling of Personal Data is described in our Privacy Policy, which forms part of these terms. Where there is a conflict between these terms and a separately signed processor agreement with a School, the processor agreement prevails.

Liability

Nothing in these terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence or for fraud. Subject to that, our total liability arising under or in connection with these terms is capped at the fees paid by the School in the twelve months preceding the event giving rise to the claim, or £1,000, whichever is greater. Neither party is liable for indirect or consequential loss, loss of profit, or loss of goodwill.

Termination

Either party may terminate use of the Service at any time. On termination, the School may request export or deletion of its data, which we will action within 30 days. Provisions intended to survive termination, including those relating to liability, data handling, and governing law, do so.

Changes to these terms

We may update these terms from time to time. Material changes will be communicated to Schools by email or via the dashboard with at least 30 days’ notice before they take effect. Continued use of the Service after that date constitutes acceptance of the revised terms.

Governing law

These terms are governed by the laws of England and Wales. Any dispute is subject to the exclusive jurisdiction of the courts of England and Wales.

Contact

Questions about these terms can be sent to hello@eviva.tech.