📋 Terms of Service

Version 1.0 — Effective June 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between your school ("School", "you") and EZEMS Technology Ltd ("EZEMS", "we", "us") governing your use of the EZEMS CBE LMS platform ("Service").

2. Service Description

EZEMS CBE LMS is a cloud-based Learning Management System designed for Kenya Competency Based Curriculum (CBC) schools. The Service includes:

• Student enrollment and academic records management
• CBC-aligned assessment, grading, and report card generation
• Teacher timetable management and lesson planning
• Parent communication and fee payment processing
• AI-powered tools for curriculum and lesson planning
• Online examination and quiz management

3. Subscription & Payment

• The Service is provided on a subscription basis billed per enrolled student
• Payment is due as per the billing cycle agreed at registration
• Accounts more than 30 days overdue will be suspended
• All fees are non-refundable unless otherwise agreed in writing
• Prices may be reviewed annually with 30 days written notice

4. School Responsibilities

The School agrees to:

• Provide accurate school and student information
• Ensure all users comply with these Terms and relevant Kenyan laws
• Maintain confidentiality of login credentials
• Obtain appropriate consent from parents/guardians before uploading student data
• Report any data breaches or security incidents to EZEMS within 72 hours
• Not share access credentials with unauthorized parties
• Use the platform only for lawful educational purposes

5. Data Protection Obligations

Both parties agree to comply with the Kenya Data Protection Act, 2019:

• EZEMS acts as data processor; the School acts as data controller for its students' data
• The School is responsible for obtaining parental consent for processing student data
• EZEMS will implement appropriate technical and organizational security measures
• Data will not be transferred outside Kenya without adequate protections
• Both parties will cooperate with the Office of the Data Protection Commissioner

6. Intellectual Property

• EZEMS retains all intellectual property rights in the platform software
• Schools retain ownership of all data uploaded to the platform
• Schools grant EZEMS a license to process their data solely to deliver the Service
• AI-generated content (lesson plans, schemes of work) may be used freely by the School

7. Service Availability

• We target 99% uptime but do not guarantee uninterrupted service
• Scheduled maintenance will be communicated 24 hours in advance
• We are not liable for downtime caused by third-party services (internet, M-PESA, etc.)

8. Prohibited Uses

You must not:

• Use the platform to harass, bully, or harm students, teachers, or parents
• Upload illegal, defamatory, or inappropriate content
• Attempt to hack, reverse-engineer, or circumvent platform security
• Share copyrighted materials without authorization
• Use automated bots or scrapers on the platform

9. Termination

• Either party may terminate with 30 days written notice
• EZEMS may suspend accounts immediately for non-payment or breach of Terms
• Upon termination, schools may export their data within 30 days
• After 30 days post-termination, data will be deleted per our retention policy

10. Limitation of Liability

EZEMS shall not be liable for indirect, incidental, or consequential damages. Our maximum liability shall not exceed the subscription fees paid in the 3 months preceding any claim.

11. Governing Law

These Terms are governed by the laws of Kenya. Any disputes shall be resolved by the courts of Nairobi, Kenya.

12. Changes to Terms

We may update these Terms with 30 days notice. Continued use of the Service after notice constitutes acceptance.

13. Contact

EZEMS Technology Ltd
Email: info@ezems.co.ke
Platform: lms.ezems.co.ke