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Terms of Service

Last Updated: April 4, 2025

These Terms of Service ("Terms") govern your use of the EduXal platform, including our web application, mobile applications, AI features, and all related services (collectively, the "Platform"). EduXal is operated by EduXal Labs ("EduXal", "we", "our", or "us"), based in Garissa, Kenya.

By creating an account or using the Platform, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a school or organisation, you represent that you have the authority to bind that entity to these Terms.

Please read these Terms carefully. They include important information about your rights, your school's data, and the services we provide.

1. About the Platform

EduXal is an AI-powered school management platform built for Kenyan schools. The Platform helps schools manage student records, attendance, academic assessments, fee collection, timetabling, and communication with guardians. Key capabilities include:

  • Student information management (records, grades, attendance)
  • AI-powered assessment grading — teachers photograph answer sheets for automated marking
  • AI-generated timetables optimised for your school's constraints
  • Fee management and M-Pesa payment integration
  • Role-based access for school directors, teachers, staff, and guardians
  • Guardian mobile app for viewing their child's academic and fee information

Important: Students do not use the Platform directly. All student data is entered and managed by authorised school staff and teachers.

2. Accounts and Access

a) Account Registration

To use EduXal, a school must register for an account. The person registering must be authorised to act on behalf of the school (typically the school director or owner). You agree to provide accurate and complete information during registration and to keep your account details up to date.

b) Roles and Permissions

EduXal uses a role-based access system. As the school administrator, you control who has access to your school's data and what level of access each user has. You are responsible for:

  • Assigning appropriate roles to staff members
  • Revoking access when a staff member leaves or changes roles
  • Ensuring that all users under your school account comply with these Terms

c) Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. If you become aware of any unauthorised access, please contact us immediately.

3. Subscription and Payments

a) Subscription Model

EduXal operates on a term-based subscription model with pricing calculated per student. Your subscription entitles your school to use the Platform's features for the duration of the subscription term.

b) Payment

Subscription fees are payable at the beginning of each term. We support payment through M-Pesa and other methods as communicated to you. Continued access to the Platform is subject to timely payment of subscription fees.

c) Fee Collection Services

EduXal facilitates fee collection from guardians through M-Pesa integration. These payments are school fees collected on behalf of your school. EduXal acts as a technology facilitator for these transactions — the fee payments belong to the school. Transaction processing is handled by authorised payment service providers regulated by the Central Bank of Kenya.

d) Changes to Pricing

We may update our pricing from time to time. Any pricing changes will be communicated to you before your next subscription term and will not affect your current paid term.

4. Your School's Data

We believe schools should have full control over their data. Here is how data ownership works on EduXal:

a) You Own Your School Data

All data that your school enters into the Platform — student records, grades, attendance records, financial records, staff information, and all other school-specific content ("School Data") — is and remains the property of your school. You retain all rights, title, and interest in your School Data.

b) You Control Access

Through EduXal's roles and permissions system, you decide exactly who can view, edit, and manage your School Data. You can grant access to teachers, staff, and guardians, and revoke access at any time. This is your data, and you manage it your way.

c) Data Export and Portability

You can request an export of your School Data at any time by contacting our support team. We will provide your data in a structured, commonly used format within a reasonable timeframe.

d) Data Deletion

If you choose to stop using EduXal, you can request deletion of your School Data from our systems. We will process deletion requests in accordance with our Privacy Policy, subject to any legal retention requirements under Kenyan law.

5. Licence to Provide and Improve the Service

To deliver and continually improve EduXal for your school and all schools on the platform, you grant EduXal a non-exclusive, worldwide licence to host, store, process, and transmit your School Data as necessary to:

  • Provide the service: Operate the Platform, process AI-powered grading, generate timetables, facilitate M-Pesa payments, deliver notifications to guardians, and perform all functions you expect from the Platform.
  • Maintain and protect the Platform: Run backups, perform security monitoring, troubleshoot issues, and ensure the reliability of the service.
  • Improve the Platform: Analyse usage patterns and platform performance to develop better features and a more effective experience for schools.
  • Generate aggregated insights: Create anonymised, aggregated data that cannot identify any individual student, teacher, or school. These insights help us improve EduXal's AI and may contribute to educational research.

This licence exists solely to enable us to operate and improve EduXal. We will never sell your School Data to third parties. We will never use your school's identifiable information for advertising. Your trust powers everything we do, and we take that seriously.

This licence continues for as long as your School Data is stored on our Platform. It terminates when your School Data is deleted from our systems (following account closure and any applicable retention period).

6. Acceptable Use

You agree to use EduXal responsibly and in accordance with all applicable Kenyan laws. Specifically, you agree not to:

  • Use the Platform for any unlawful purpose or to store unlawful content
  • Attempt to gain unauthorised access to other schools' data or the Platform's infrastructure
  • Reverse engineer, decompile, or attempt to extract the source code of the Platform
  • Use automated tools (bots, scrapers) to extract data from the Platform
  • Share your account credentials with unauthorised individuals
  • Upload malicious content, viruses, or harmful code
  • Misrepresent your identity or authority to act on behalf of a school
  • Use the Platform in a way that degrades the experience for other users

We reserve the right to suspend or terminate access for any account that violates these terms, with notice where practicable.

7. AI-Powered Features

EduXal uses artificial intelligence to enhance school management. By using AI features, you acknowledge the following:

  • AI Assessment Grading: Our AI grades student answer sheets photographed by teachers. While we strive for accuracy, AI-generated grades should be reviewed by teachers before being finalised. Teachers retain full authority to accept, modify, or override AI-generated results.
  • AI Timetable Generation: Our AI generates optimised timetables based on the constraints you provide. Generated timetables are suggestions that you can adjust as needed.
  • Continuous improvement: We may use anonymised data from AI features to improve our algorithms. This process never exposes identifiable student or school information.

AI features are tools designed to assist educators — they do not replace professional judgement. Responsibility for academic decisions remains with the school and its qualified staff.

8. Intellectual Property

a) EduXal's Intellectual Property

The Platform — including its design, code, AI models, algorithms, branding, documentation, and all associated intellectual property — is owned by EduXal Labs and protected by applicable intellectual property laws. Your subscription gives you a limited, non-exclusive, non-transferable right to use the Platform for your school's internal operations during your subscription term.

b) Your Content

As described in Section 4, you retain full ownership of your School Data. Nothing in these Terms transfers ownership of your School Data to EduXal.

c) Feedback

If you provide us with suggestions, ideas, or feedback about the Platform, you grant us the right to use that feedback to improve EduXal without any obligation to you. This does not apply to your School Data.

9. Third-Party Services

EduXal integrates with third-party services to deliver certain features, including M-Pesa for payment processing and cloud infrastructure providers for hosting. These third-party services are governed by their own terms and privacy policies. While we carefully select our partners and require them to protect your data, we are not responsible for the practices of third-party service providers.

10. Service Availability

We strive to keep EduXal available and reliable at all times. However, we do not guarantee uninterrupted access. The Platform may occasionally be unavailable due to:

  • Scheduled maintenance (we will provide advance notice when possible)
  • Unplanned technical issues or outages
  • Factors beyond our control (internet connectivity, third-party service disruptions)

We will make reasonable efforts to minimise downtime and communicate any planned maintenance in advance.

11. Limitation of Liability

To the maximum extent permitted by Kenyan law:

  • EduXal is provided on an "as is" and "as available" basis. While we work hard to deliver a reliable, accurate platform, we do not warrant that the service will be error-free or uninterrupted.
  • We are not liable for any indirect, incidental, consequential, or special damages arising from your use of the Platform, including loss of data, revenue, or business opportunity.
  • Our total liability for any claim related to the service shall not exceed the amount you paid to EduXal in the twelve (12) months preceding the claim.

This limitation does not exclude liability that cannot be excluded under Kenyan law, including liability for fraud or willful misconduct.

12. Indemnification

You agree to indemnify and hold harmless EduXal, its officers, employees, and agents from any claims, losses, or damages (including legal fees) arising from:

  • Your use of the Platform in violation of these Terms
  • Your violation of any applicable law or regulation
  • Any dispute between your school and a third party relating to data you manage through the Platform

13. Suspension and Termination

a) By You

You may stop using EduXal at any time. To close your account and request data deletion, contact our support team. We will provide a reasonable period for you to export your School Data before deletion.

b) By EduXal

We may suspend or terminate your access if:

  • You materially breach these Terms and fail to remedy the breach within 14 days of notice
  • Your subscription fees remain unpaid beyond the grace period
  • We are required to do so by law
  • Continued provision of the service becomes commercially impracticable

In all cases, we will provide reasonable notice and an opportunity to export your data before access is removed, except where immediate action is required by law or to protect the security of the Platform.

c) Effect of Termination

Upon termination, your right to use the Platform ends. Sections relating to data ownership (Section 4), intellectual property (Section 8), limitation of liability (Section 11), and any other provisions that by their nature should survive, will continue to apply after termination.

14. Dispute Resolution

We hope to resolve any issues through direct communication. If a dispute arises:

  • Step 1 — Contact us: Reach out to our team. Most concerns can be resolved quickly through a conversation.
  • Step 2 — Mediation: If we cannot resolve the matter informally, either party may propose mediation through a mutually agreed mediator in Kenya.
  • Step 3 — Legal proceedings: If mediation does not resolve the dispute, either party may pursue legal action. These Terms are governed by the laws of Kenya, and the courts of Kenya shall have exclusive jurisdiction.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya, including the Kenya Data Protection Act, 2019. Any legal proceedings shall be brought in the courts of Kenya.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

  • Notify school administrators through the Platform at least 30 days before the changes take effect
  • Update the "Last Updated" date at the top of this page

Continued use of the Platform after the effective date of updated Terms constitutes acceptance of the changes. If you do not agree with the updated Terms, you may close your account and request data export.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EduXal regarding your use of the Platform. They supersede any prior agreements or understandings, whether written or oral.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18. Contact Us

If you have questions about these Terms, need support, or want to discuss anything related to your account, we are here to help: