Terms and Conditions

Version 2 - Last updated: February 16, 2026

1. INTRODUCTION

Welcome to ElimuSys, a cloud-based School Management System ("Platform", "System", "Service") operated by [Your Company Legal Name] ("Company", "We", "Us", "Our").

These Terms and Conditions ("Terms") govern access to and use of ElimuSys by educational institutions, administrators, staff, parents, guardians, and authorized users (collectively, "Users").

By accessing or using ElimuSys, you agree to be legally bound by these Terms. If you do not agree, you must not use the Platform.


2. DESCRIPTION OF SERVICES

ElimuSys provides a centralized digital platform for educational institutions to manage, including but not limited to:

  • Student records and profiles
  • Academic structures and class management
  • Examinations, grading, and analytics
  • Financial management and billing
  • Communication between school and parents
  • Role-based dashboards and reporting

We reserve the right to modify, suspend, upgrade, or discontinue any feature or functionality at our sole discretion without prior notice.


3. ELIGIBILITY AND AUTHORITY

  1. Institutions registering for ElimuSys must be legally recognized educational entities.
  2. The individual registering the institution represents and warrants that they have authority to bind the institution to these Terms.
  3. Parent and guardian accounts must be linked to an officially registered student within the institution.
  4. Users must be at least 18 years old or have legal authorization from the institution.


4. ACCOUNT RESPONSIBILITY

The Institution (School) is fully responsible for:

  • Maintaining confidentiality of all login credentials
  • Assigning appropriate role-based access controls
  • Monitoring user activity within its accounts
  • Immediately notifying the Company of unauthorized access or suspected security breaches

ElimuSys shall not be liable for losses resulting from compromised credentials due to negligence by the Institution or its Users.


5. DATA PROTECTION AND PRIVACY

5.1 Legal Compliance

ElimuSys processes personal data in compliance with applicable data protection laws in Kenya and internationally where relevant.

5.2 Data Controller and Processor Relationship

  • The Institution acts as the Data Controller.
  • ElimuSys acts as the Data Processor, processing data strictly under the documented instructions of the Institution.

5.3 Categories of Data Processed

The Platform may process:

  • Student personal information
  • Academic records and performance data
  • Parent/guardian contact details
  • Staff records
  • Financial and billing information
  • System activity logs and audit trails

5.4 Data Security

We implement reasonable administrative, technical, and organizational safeguards designed to protect data from unauthorized access, disclosure, alteration, or destruction.

However, no digital platform is completely secure. Use of the Platform is at the Institution’s own risk.


6. ACCEPTABLE USE POLICY

Users agree NOT to:

  • Attempt to hack, reverse engineer, decompile, or exploit the Platform
  • Upload malicious code, viruses, or harmful content
  • Access or attempt to access data they are not authorized to view
  • Use the Platform for unlawful or fraudulent purposes
  • Share login credentials with unauthorized individuals

Violation may result in immediate suspension or termination and potential legal action.


7. SUBSCRIPTION, BILLING, AND PAYMENTS

  1. Access to ElimuSys is subscription-based.
  2. Fees are charged monthly or annually as agreed.
  3. All payments are due as invoiced.
  4. Payments are non-refundable unless otherwise agreed in writing.
  5. Failure to pay may result in suspension or termination of access.
  6. We reserve the right to revise pricing upon reasonable notice.


8. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in ElimuSys, including but not limited to:

  • Source code
  • Software architecture
  • UI/UX design
  • Branding and logos
  • Documentation and materials

remain the exclusive property of the Company.

Institutions are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform strictly for internal institutional purposes.

Users may not:

  • Copy or reproduce the software
  • Resell or sublicense access
  • Create derivative works
  • Reverse engineer or extract source code


9. SERVICE AVAILABILITY AND MODIFICATIONS

While we aim to provide reliable and continuous service, we do not guarantee uninterrupted availability.

We are not liable for downtime caused by:

  • Scheduled maintenance
  • System upgrades
  • Internet or hosting provider disruptions
  • Force majeure events
  • Third-party service failures


10. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

  1. ElimuSys shall not be liable for indirect, incidental, special, or consequential damages.
  2. Our total cumulative liability shall not exceed the total subscription fees paid by the Institution in the three (3) months preceding the claim.
  3. We are not responsible for decisions made by institutions based on analytics or reports generated by the system.


11. INDEMNIFICATION

The Institution agrees to indemnify, defend, and hold harmless the Company from any claims, liabilities, damages, losses, or expenses arising from:

  • Misuse of the Platform
  • Violation of applicable laws
  • Unauthorized or unlawful data uploaded by the Institution
  • Breach of these Terms


12. DATA RETENTION AND TERMINATION

12.1 Termination by Institution

Institutions may terminate their subscription subject to notice requirements in their service agreement.

12.2 Termination by Company

We reserve the right to suspend or terminate access if:

  • Fees remain unpaid
  • There is violation of these Terms
  • The Platform is used unlawfully

12.3 Data Export and Deletion

Upon termination:

  • Institutions may request data export within a specified period.
  • We may retain data for a limited period for legal and compliance purposes.
  • Data may be permanently deleted after the retention period.


13. CONFIDENTIALITY

Both parties agree to keep confidential any proprietary or sensitive information disclosed during use of the Platform, except where disclosure is required by law.


14. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.


15. CHANGES TO TERMS

We reserve the right to update or modify these Terms at any time.

Continued use of the Platform after changes constitutes acceptance of the revised Terms.

For questions about these terms, please contact support.