1. About these terms
These Terms of Service (“Terms”) govern your school’s and your own use of ElimuDesk, the cloud-based school operating system provided by ElimuDesk Technologies Limited (“ElimuDesk”, “we”, “us”), registered at Nairobi, Kenya. By creating an account, starting a trial or using the service you agree to these Terms. If you accept on behalf of a school, you confirm you have authority to bind it.
2. The service
ElimuDesk provides software for school fee collection, learner records, exams and report cards, parent communication, staff management, timetables, a resource library and AI-assisted features (the “Service”). We may improve, add or retire features with reasonable notice.
3. Accounts and roles
The school administrator controls who may access the school’s account and what each user can see. You must give accurate information, keep credentials confidential and tell us promptly about unauthorised access. The school is responsible for activity under its accounts.
4. Free trial, fees and payment
New schools may receive a free trial of two school terms. After the trial, fees are charged per school per term as shown on our pricing page or your order form. SMS credits and mobile-money charges are billed at cost. Unless stated otherwise, fees are exclusive of taxes (including VAT) and are non-refundable except where required by law. We may change prices with at least 30 days’ notice before the start of a term.
5. School data
The school owns the data it uploads or generates (“School Data”), including learner, guardian, staff, fee and exam records. The school grants ElimuDesk Technologies Limited a limited licence to process School Data only to provide and support the Service. Our handling of personal data is described in the Privacy Policy and, for schools acting as data controllers, in our data processing terms, in line with the Data Protection Act, 2019.
6. School responsibilities
As the data controller of learner and parent information, the school must have a lawful basis for the data it collects, register with the Office of the Data Protection Commissioner where required, obtain parent or guardian consent where needed, give required notices and respond to data-subject requests. You must not upload unlawful content or use the Service to harass or mislead.
7. Acceptable use
You must not: (a) attempt to access data you are not authorised to see; (b) probe, scan or disrupt the Service; (c) reverse engineer the software except as the law allows; (d) send unlawful or unsolicited bulk messages; or (e) resell the Service without written agreement.
8. AI features
AI features produce drafts and suggestions, which may be inaccurate. A person at the school must review and approve AI output, including report card comments and parent messages, before it is used. AI features operate on the school’s own data and are not used to expose one school’s data to another.
9. Payments and M-Pesa
ElimuDesk displays and reconciles mobile-money payments made to the school’s own Paybill or till. We do not hold school funds. Transaction fees and availability are determined by the payment provider. M-Pesa is a trademark of its respective owner; ElimuDesk is not affiliated with Safaricom.
10. Intellectual property
We and our licensors own the Service, including software, design and content in the resource library. Subject to these Terms, we grant the school a non-exclusive, non-transferable right to use the Service during the subscription. School Data and content remain the school’s.
11. Availability and support
We aim for high availability but do not guarantee uninterrupted service. Support is provided during published hours. Planned maintenance will be announced where practicable.
12. Disclaimers and limitation of liability
The Service is provided “as is” to the fullest extent permitted by law. We are not liable for indirect or consequential loss. Our total liability in any 12-month period is limited to the fees paid by the school for that period, except where the law does not allow a limit, including liability for fraud or for death or personal injury caused by negligence.
13. Suspension and termination
Either party may terminate at the end of a term with notice. We may suspend access for non-payment, security risks or breach of these Terms. On termination the school may export its data for 30 days, after which we delete or anonymise it unless the law requires retention.
14. Governing law and disputes
These Terms are governed by the laws of Kenya. The parties will first try to resolve disputes in good faith. If that fails, either party may refer the dispute to the courts of Kenya.
15. Changes to these Terms
We may update these Terms. We will give notice of material changes by email or in the product. Continued use after the effective date means you accept the update.
16. Contact
Questions about these Terms: [email protected] or +254719611966. Registered office: Nairobi, Kenya.