Schedule 4 — Education Use Schedule
Schedule to the Formulize End-User Licence Agreement | Version … | Effective: … | Governing law: England & Wales
This Schedule applies only to users who have declared as a Student in their Professional User Declaration and remain currently enrolled in an academic engineering programme ("Student Users"). Student status is established and maintained via the Professional User Declaration on the user's account; it is not verified by Formulize against any external academic register or accreditation body. A user who declares as a Student when they are not in fact enrolled in an academic engineering programme makes a fraudulent misrepresentation, and Formulize's liability to that user is excluded in its entirety as set out in the main EULA. It modifies the corresponding provisions of the EULA in respect of Student Users only. In the event of any conflict between this Schedule and the main body of the EULA in respect of a Student User, this Schedule prevails.
1. Status and Acknowledgements
1.1 Formulize acknowledges that Student Users may qualify as consumers within the meaning of the Consumer Rights Act 2015 and other applicable consumer protection legislation.
1.2 Nothing in this Schedule or in the EULA affects a Student User's statutory rights as a consumer that cannot be excluded or restricted by contract.
1.3 Formulize may implement operational measures applicable to Student Users — including (without limitation) requiring provision of institutional information, applying the "STUDENT — NOT FOR PROFESSIONAL USE" watermark to outputs, and applying functional restrictions appropriate to the Student Track — as reasonable steps to verify eligibility and uphold the integrity of the Student Track. Compliance with these operational measures is a condition of continued access to the Program under this Schedule.
2. Warranty — Student Users
2.1 The 90-day warranty period in Clauses 2 and 3 of the Software and Usage Terms does not apply to Student Users. In place of those provisions, Formulize warrants to Student Users that the Program will be of satisfactory quality and reasonably fit for the purposes for which it is supplied, in accordance with Part 1 Chapter 3 of the Consumer Rights Act 2015.
2.2 Where the Program does not conform to the warranty in clause 2.1, the Student User is entitled to the statutory remedies available under the Consumer Rights Act 2015, including the right to require repair or replacement and (where applicable) the right to a price reduction or refund. As access is provided free of charge, refund remedies are not engaged unless and until a Student User is charged a fee.
3. Limitation of Liability — Student Users
3.1 The exclusion of warranties in Clause 4 and the exclusion and limitation of liability in Clauses 5 and 6 of the Software and Usage Terms apply to Student Users only to the extent permitted by applicable consumer protection law.
3.2 Nothing in the EULA or this Schedule limits Formulize's liability to a Student User for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by sections 9, 10, and 11 of the Consumer Rights Act 2015 (satisfactory quality, fitness for purpose, and conformity with description); or
(d) any other liability that cannot lawfully be excluded under applicable consumer protection law.
3.3 Subject to clause 3.2, Formulize's total aggregate liability to any Student User in connection with the Program shall not exceed the amount stated in Clause 6 of the Software and Usage Terms (£50,000), and only to the extent such limitation is enforceable against a consumer under applicable law.
4. Indemnity — Student Users
4.1 The user indemnity in Clause 14 of the Software and Usage Terms does not apply to Student Users to the extent that requiring such an indemnity would constitute an unfair term within the meaning of Part 2 of the Consumer Rights Act 2015.
4.2 Student Users remain solely responsible for ensuring that all Program outputs are reviewed and validated by a qualified supervising engineer or academic supervisor before application to any real-world design, construction, or safety-critical context. Use of Program outputs outside of educational purposes, without such supervision, is outside the scope of the Student Track and may render this Schedule inapplicable.
5. Re-classification on Graduation or Change of Status
5.1 Where a Student User ceases to be enrolled at an academic institution (whether by graduation, withdrawal, or otherwise), they must update their Professional User Declaration without undue delay (and in any event within 30 days of the change) by selecting an appropriate professional or other non-student profession type. On such update, the Student User's account will be re-classified to the Professional Track and the terms of the main EULA (without the modifications in this Schedule) will apply prospectively.
5.2 A Student User who continues to use the Program after ceasing enrolment, without re-classifying their account, ceases to benefit from this Schedule from the date enrolment ended.
5.3 On re-classification of a Student User's account to the Professional Track, the "STUDENT — NOT FOR PROFESSIONAL USE" watermark will cease to be applied to outputs generated after the date of re-classification. Outputs generated prior to re-classification will retain the watermark and must not be re-presented, submitted, or relied upon as the professional work of a licensed engineer or as outputs produced under the Professional Track.
6. Children's Code — Under-18s Excluded
6.1 The Student Track is not available to users under the age of 18. Formulize does not knowingly accept registrations from individuals under 18 and will close any account where it becomes aware that the registered user is under 18 at the date of registration. On discovery of an under-18 registration, Formulize will close the account, delete all personal data held in respect of that user (subject to any retention required by law), and revoke all licences and rights granted under the EULA and this Schedule. Outputs generated by that account remain subject to the Watermark obligations in Clause 7 to the extent they have been retained by the user or any third party.
7. Student Watermark and Output Integrity
7.1 All printed reports generated by Student Users under the Student Track are marked with a "STUDENT — NOT FOR PROFESSIONAL USE" watermark (the "Watermark"). The Watermark is applied automatically at the point of printing or report generation and constitutes an integral part of every printed output generated under this Schedule.
7.2 Ownership of printed outputs generated under the Student Track vests in the Student User in accordance with Clause 16 of the Software and Usage Terms, subject to the Watermark remaining intact and unaltered as required by this Section 7.
7.3 Student Users must not:
(a) remove, obscure, alter, crop, or otherwise interfere with the Watermark;
(b) reproduce, submit, circulate, or publish any watermarked output in any context that expressly or impliedly represents it as the work of a licensed professional engineer or as an output produced under the Professional Track;
(c) use any watermarked output as the basis of, or in support of, any real-world design, planning application, regulatory submission, or safety-critical decision without first obtaining the written approval of a qualified supervising engineer or academic supervisor and ensuring that such approval is documented and retained; or
(d) make any digital or physical modification to a watermarked output that has the purpose or effect of making the output appear to have been produced without the Watermark; or
(e) represent any Program output of any form (whether a printed report, exported document, screenshot, transcribed result, or otherwise) as having been produced under the Professional Track or as the work of a licensed professional engineer, where it was in fact produced under the Student Track.
7.4 Any breach of clause 7.3 may constitute:
(a) a material breach of this Schedule and the EULA, entitling Formulize to suspend or terminate the Student User's account with immediate effect;
(b) an infringement of Formulize's intellectual property rights where the Watermark forms part of Formulize's proprietary output format; and
(c) fraudulent misrepresentation if the Student User represents a watermarked output as a professional output to a third party, for which Formulize reserves the right to pursue all available legal remedies.
7.5 Formulize accepts no liability for any loss, damage, claim, or liability arising from or in connection with a Student User's use, submission, reproduction, or circulation of a watermarked printed output outside the educational context for which it was generated. Where a Student User has removed, obscured, altered, or otherwise interfered with the Watermark in breach of clause 7.3(a) or 7.3(d), and a third party brings a claim against Formulize arising from that act, the Student User shall be liable to Formulize for the costs of defending and resolving that claim. This obligation arises from the Student User's fraudulent conduct in tampering with the Watermark and is enforceable to the fullest extent permitted by applicable law, including the fraud carve-outs in Part 2 of the Consumer Rights Act 2015.
7.6 The Watermark is not an endorsement by Formulize of any output or any aspect of a Student User's academic work. The presence of the Watermark indicates only that the output was generated by a registered Student User under the Student Track and does not indicate that the output has been reviewed, validated, or approved by Formulize or by any professional engineer.
8. Term and Survival
8.1 This Schedule takes effect on the date the User declares as a Student in their Professional User Declaration and continues to apply for as long as the User remains classified as a Student User under the EULA.
8.2 On termination of the EULA, re-classification of the account to the Professional Track, or closure of the account, the following provisions of this Schedule survive:
(a) Clause 1 (Status and Acknowledgements) in respect of acts and omissions occurring before termination;
(b) Clause 3 (Limitation of Liability) in respect of claims arising before termination;
(c) Clause 5.3 (Watermark on pre-existing outputs); and
(d) Clause 7 (Student Watermark and Output Integrity) in its entirety, in respect of any printed outputs generated under the Student Track before termination.