ShuleSoft Terms of Service

1. Agreement Structure and Acceptance

1.1 Parts of This Agreement

This Agreement consists of:

• General Terms: These Terms of Service that apply to all ShuleSoft services
• Service-Specific Terms: Additional terms specific to individual ShuleSoft products (where applicable)
• Privacy Policy: Our commitment to data protection and privacy (https://shulesoft.africa/privacy)
• Acceptable Use Policy: Prohibited activities and content standards
• Data Processing Agreement (DPA): For institutional customers requiring formal data processing terms

In the event of any conflict between these General Terms and Service-Specific Terms, the Service-Specific Terms shall prevail for that particular service.

1.2 Acceptance of Terms

You must be of legal age (18 years or older, or the age of majority in your jurisdiction) to enter into a binding agreement in order to accept this Agreement. If you are accepting on behalf of an educational institution, organization, or company, you represent and warrant that you have the authority to bind that entity to these terms.

You can accept this Agreement by:

• Checking a checkbox or clicking a button indicating your acceptance
• Actually accessing or using the Services
• Executing a separate written agreement that references these Terms

If you do not agree to these General Terms, do not use any ShuleSoft services. If you agree to the General Terms but do not agree to any Service-Specific Terms, do not use the corresponding service.

1.3 Definitions

For the purposes of this Agreement:

• "Services" means all ShuleSoft cloud-based software platforms, mobile applications, APIs, and related services
• "Institution" or "Customer" means the school, college, university, organization, or company that subscribes to ShuleSoft Services
• "End User" means students, parents, teachers, staff, or other individuals who access Services through an Institution
• "Controller Data" means personal information ShuleSoft collects and controls for its own purposes (account management, billing, marketing, support)
• "Service Data" means data uploaded, created, or processed by Institutions using ShuleSoft Services (student records, grades, financial data, etc.)
• "Subscriber" or "You" means the Institution or individual who has registered for and uses the Services
• "Administrator" means a user designated by an Institution to manage the Services and control access for End Users
• "Tanzania PDPA" means the Personal Data Protection Act, 2022 of the United Republic of Tanzania
• "BOT" means the Bank of Tanzania, the central bank and financial regulator of Tanzania

2. Description of Services

2.1 ShuleSoft Products and Platforms

ShuleSoft provides a comprehensive suite of cloud-based software and mobile applications for education management, financial operations, and communication. Our services include:

• Academic Management System: Student information system (SIS), enrollment, attendance tracking, grading, report cards, transcripts, timetabling, class scheduling, examination management, and academic analytics
• Accounts & Finance System: Fee management, billing, invoicing, payment processing, receipts, payment tracking, fee structures, debt management, financial reporting, and integration with banks and mobile money providers
• Operations Management: Human resources (HR), staff management, payroll processing, procurement, inventory management, asset tracking, facility management, and operational workflows
• Digital Learning Platform: E-learning content delivery, online assignments, assessments, quizzes, learning materials, student progress tracking, learning analytics, and virtual classroom features
• Communications Suite: Internal messaging, announcements, email distribution, SMS notifications, parent-teacher communication, event notifications, and bulk communication tools
• Parent Experience Mobile App: iOS and Android applications enabling parents to view student progress, attendance, grades, fee statements, make payments, receive notifications, and communicate with teachers
• SMS Gateway Application: Bulk SMS sending, delivery reports, SMS scheduling, template management, integration with Tanzania mobile network operators (M-Pesa, Tigo Pesa, Airtel Money), and SMS analytics
• Web Applications and APIs: Public-facing websites for institutions, student/parent portals, online application forms, REST APIs for third-party integrations, and developer tools
• Support and Customer Service: Help desk, ticketing system, knowledge base, live chat support, training resources, and technical assistance

2.2 Service Delivery

The Services are delivered as Software-as-a-Service (SaaS) hosted on cloud infrastructure. You can access the Services through:

• Modern web browsers (Chrome, Firefox, Safari, Edge) via internet connection
• Mobile applications downloaded from Google Play Store (Android) or Apple App Store (iOS)
• API endpoints for programmatic access and third-party integrations

You are responsible for obtaining and maintaining internet connectivity, compatible devices, and up-to-date browsers or operating systems required to access the Services.

2.3 B2B and B2B2C Service Model

ShuleSoft operates under two complementary business models:

Business-to-Business (B2B): We provide Services directly to educational institutions, schools, colleges, universities, and organizations ("Customers"). The Institution is our contractual customer, pays subscription fees, and controls how the Services are used within their organization.

Business-to-Business-to-Consumer (B2B2C): End Users (students, parents, teachers, staff) access the Services through their institution. While End Users interact with our platforms, their relationship with ShuleSoft is mediated through the Institution. The Institution determines what data is collected, how Services are configured, and who has access.

Important: For Service Data, the Institution acts as the data controller and ShuleSoft acts as the data processor. End Users should contact their institution first for questions about their data, access rights, or service usage.

2.4 Service Availability and Maintenance

We strive to provide reliable, continuous service availability. However, the Services are provided on an "as-is" and "as-available" basis. We do not guarantee uninterrupted, timely, secure, or error-free service. Factors that may affect service availability include:

• Scheduled maintenance windows (we will provide advance notice when possible)
• Emergency maintenance or security patches
• Third-party infrastructure or internet service provider issues
• Force majeure events (natural disasters, power outages, political instability, telecommunications failures)
• Distributed denial-of-service (DDoS) attacks or security incidents

We maintain regular backup procedures and disaster recovery plans to minimize data loss and service disruption.

2.5 Beta Services and New Features

We may offer certain features or services as "Beta," "Preview," "Pilot," or "Experimental" for testing and evaluation purposes. Beta Services are provided:

• Without warranty, support, or service level guarantees
• On an opt-in basis (you choose whether to participate)
• With the understanding that they may be modified, discontinued, or never released as commercial features
• With the possibility of data loss or incompatibility with future versions

We reserve the right to discontinue any Beta Service at any time with or without notice. Your participation in Beta Services does not obligate you to purchase paid versions if released commercially.

2.6 Free Trials

We may offer free trial periods for certain Services to allow you to evaluate their suitability. Free trial terms include:

• Trial duration as specified during signup (typically 14-30 days)
• Full or limited access to features (as specified during trial registration)
• No payment obligation during the trial period
• Automatic conversion to paid subscription if you do not cancel before trial expiry (where applicable)
• Data entered during trial may be permanently deleted unless you subscribe to a paid plan

We recommend exporting any important data before the trial period ends if you do not intend to subscribe to a paid plan.

3. Account Registration and Eligibility

3.1 Account Creation Requirements

To access and use the Services, you must create a user account by providing all required information during the signup process. You agree to:

• Provide true, accurate, current, and complete information about yourself and your institution (if applicable)
• Maintain and promptly update your account information to keep it accurate, current, and complete
• Use your corporate or institutional email address when registering on behalf of an organization
• Not create an account using false identity, impersonation, or misleading information
• Not create multiple accounts for the same institution without authorization

If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if ShuleSoft has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, ShuleSoft may suspend or terminate your account and refuse current or future use of any or all Services.

3.2 Institutional Accounts and Administrator Rights

When you register an account for your educational institution or organization, you may designate one or more Administrators. Administrators have elevated rights to:

• Configure Services based on institutional requirements
• Create, modify, and delete End User accounts
• Assign roles and permissions to users
• Access and export Service Data
• Manage subscription plans and billing information
• Configure integration with third-party services
• Monitor usage and generate reports

Important: You are responsible for ensuring that your Administrators are competent, trustworthy individuals. All activities that occur under Administrator accounts are your responsibility. You understand that ShuleSoft is not responsible for internal account administration or management decisions made by your Administrators.

If your institution loses control of Administrator accounts, you must immediately notify us at [email protected]. You may specify an account recovery process by contacting [email protected]. In the absence of a specified recovery process, ShuleSoft may provide control of an Administrator account to an individual providing proof satisfactory to ShuleSoft demonstrating authorization to act on behalf of the institution.

3.3 Account Security

You are responsible for maintaining the confidentiality and security of your account credentials, including:

• Creating strong, secure passwords (minimum 8 characters with letters, numbers, and special characters)
• Not sharing your username, password, or authentication tokens with others
• Enabling multi-factor authentication (MFA) where available, especially for Administrator accounts
• Logging out of shared or public computers after using the Services
• Immediately notifying us of any unauthorized access or security breach

You are fully responsible for all activities that occur under your user account, whether or not authorized by you. ShuleSoft is not liable for any loss or damage arising from unauthorized access to your account due to your failure to maintain account security.

If you suspect unauthorized access, contact us immediately at [email protected] or [email protected].

3.4 Service Eligibility

Use of the Services is restricted to:

• Educational institutions (schools, colleges, universities, training centers)
• Organizations providing education-related services
• Individual educators and education professionals (for certain services)
• End Users (students, parents, teachers, staff) authorized by an Institution

You must not use the Services if you are:

• A competitor seeking to access Services for competitive intelligence or benchmarking
• Located in a country subject to trade embargoes or UN sanctions
• Prohibited by law from accessing the Services
• Under the age of 16 without parental consent or institutional authorization

4. Acceptable Use Policy

4.1 General Restrictions

You agree not to:

• Transfer, resell, sublicense, or redistribute the Services to any third party without prior written permission
• Provide any service based on the Services without a partnership or reseller agreement with ShuleSoft
• Share user licenses or allow them to be used by more than one individual (except by reassigning to a new user)
• Attempt to reverse engineer, decompile, disassemble, or derive source code from the Services
• Use automated tools (bots, scrapers, crawlers) to access the Services in ways that exceed normal human usage
• Attempt to gain unauthorized access to the Services, accounts, computer systems, or networks connected to the Services
• Probe, scan, or test the vulnerability of any system or network, or breach security or authentication measures
• Interfere with or disrupt the Services, servers, or networks, or circumvent any access restrictions
• Use the Services in any manner that could damage, disable, overburden, or impair ShuleSoft's infrastructure

4.2 Prohibited Content and Activities

You agree not to upload, transmit, store, display, or distribute any content or engage in any activity that:

• Is unlawful, fraudulent, defamatory, libelous, harassing, threatening, abusive, hateful, or discriminatory
• Violates any person's intellectual property rights (copyright, trademark, trade secret, patent)
• Contains or transmits viruses, malware, worms, Trojans, or other harmful computer code
• Infringes upon another person's privacy or discloses personal information without consent
• Promotes or facilitates illegal activities, violence, terrorism, or harm to minors
• Contains pornography, obscenity, or sexually explicit material
• Promotes discrimination based on race, religion, ethnicity, gender, disability, or sexual orientation
• Violates Tanzania's laws, regulations, or public policy
• Violates the laws of your country or jurisdiction
• Misrepresents your identity, affiliation, or the origin of content

4.3 Spam and Unsolicited Communications

You agree not to use the Services, particularly the Communications Suite and SMS Gateway, for:

• Sending unsolicited bulk messages (spam) to individuals who have not opted in
• Sending chain letters, pyramid schemes, or other fraudulent solicitations
• Harvesting email addresses, phone numbers, or other contact information without consent
• Sending phishing messages or impersonating ShuleSoft or other entities
• Exceeding reasonable usage limits or sending excessive automated messages

We reserve the right to monitor communications for abuse, suspend accounts sending spam, and cooperate with authorities investigating illegal communications.

4.4 Appropriate Educational Use

When using the Services in an educational context, you agree to:

• Respect the dignity and privacy of students, parents, teachers, and staff
• Use communication tools appropriately and professionally
• Not share sensitive student information beyond authorized users
• Comply with educational data protection laws and student privacy regulations
• Not use the Services to harass, bully, or intimidate students or staff
• Maintain appropriate boundaries in parent-teacher and teacher-student communications

4.5 Enforcement of Acceptable Use Policy

If we receive credible reports or detect violations of this Acceptable Use Policy, we may:

• Issue warnings and require corrective action
• Temporarily suspend access to Services while investigating
• Remove or disable access to violating content
• Terminate your account and refuse future access to Services
• Report illegal activities to law enforcement or regulatory authorities
• Cooperate with legal proceedings and provide evidence as required by law

We reserve the right to investigate suspected violations and take appropriate action in our sole discretion.

5. Subscription Plans and Pricing

5.1 Subscription Tiers

ShuleSoft Services are available under various subscription plans with different features, user limits, and pricing. Subscription plans include:

• Free/Starter Plans: Limited features and user capacity, suitable for small institutions or trial purposes
• Standard Plans: Full feature access for medium-sized institutions
• Premium Plans: Advanced features, higher capacity, priority support
• Enterprise Plans: Custom solutions, dedicated support, service level agreements (SLAs), and on-premise deployment options

Pricing details for each plan are available on our website (https://shulesoft.africa/pricing) or by contacting our sales team ([email protected]).

5.2 Payment Terms and Methods

Payment for subscription plans must be made in advance for the chosen billing cycle (monthly, quarterly, annually). We accept payment through:

• Credit and debit cards (Visa, Mastercard, American Express)
• Mobile money (M-Pesa, Tigo Pesa, Airtel Money) for customers in Tanzania
• Bank transfers (for annual subscriptions or enterprise customers)
• Payment gateways and online payment platforms

All fees are stated in United States Dollars (USD) or Tanzanian Shillings (TZS), depending on your billing country. Fees are non-refundable except as expressly stated in our Refund Policy (Section 5.4).

5.3 Billing Cycles and Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless you:

• Cancel your subscription at least 7 days before the renewal date
• Downgrade to a free plan (if available) before the renewal date
• Inform us in writing that you do not wish to renew

Upon automatic renewal, the subscription fee will be charged to the payment method on file. We will send a renewal reminder at least 14 days before your renewal date. It is your responsibility to ensure that your payment information is current and valid.

If you do not cancel or downgrade before the renewal date, you authorize ShuleSoft to charge the subscription fee to your payment method on file.

5.4 Refund Policy

Due to the nature of software services and immediate access upon subscription, all fees are generally non-refundable. However, we may provide refunds in the following exceptional circumstances:

• Service Failure: If the Services experience prolonged downtime (more than 7 consecutive days) due to our fault, you may request a prorated refund for the affected period
• Billing Errors: If you are incorrectly charged due to our error, we will refund the erroneous charge within 14 days
• Early Cancellation: If you cancel within 7 days of initial paid subscription (not renewals) and have not substantially used the Services, we may provide a full refund at our discretion

To request a refund, contact [email protected] with your account details and reason for the request. Refund requests will be reviewed within 14 business days.

5.5 Price Changes

We reserve the right to modify subscription pricing at any time. Price changes will not affect your current billing cycle. Any price increase will apply starting from your next renewal date. We will provide at least 30 days' notice of price increases via email to your account email address.

If you do not agree to a price increase, you may cancel your subscription before the renewal date to avoid being charged the new price.

5.6 Taxes and Compliance

All fees are exclusive of applicable taxes, duties, and government charges ("Taxes"), including but not limited to:

• Value Added Tax (VAT) in Tanzania or your jurisdiction
• Goods and Services Tax (GST) where applicable
• Withholding taxes for cross-border transactions
• Other sales, use, or transaction taxes

You are responsible for paying all applicable Taxes associated with your subscription. If ShuleSoft is required by law to collect Taxes, we will invoice you for such Taxes in addition to the subscription fees. We will provide tax invoices or receipts in the format required by applicable law to enable you to claim input tax credits where applicable.

For Tanzania Revenue Authority (TRA) compliance, we maintain proper tax records and issue TIN-compliant invoices for all transactions in Tanzania.

5.7 Late Payment and Suspension

If payment is not received by the due date (subscription renewal date or invoice due date), we may:

• Send payment reminder notices to your email and account contact
• Suspend access to paid features after 7 days of non-payment
• Suspend access to all Services after 14 days of non-payment
• Terminate your account and delete Service Data after 30 days of non-payment
• Charge late payment fees and interest as permitted by law

To avoid service interruption, ensure timely payment of all fees.

6. Financial Services and BOT Compliance

6.1 Fintech Services Provided

ShuleSoft provides financial technology (fintech) services through our Accounts & Finance System and payment processing integrations, including:

• School fee payment processing and collection
• Integration with banks, microfinance institutions, and payment service providers
• Mobile money integration (M-Pesa, Tigo Pesa, Airtel Money, Halopesa)
• Credit and debit card payment acceptance
• Payment reconciliation and settlement
• Electronic fund transfers and disbursements
• Financial transaction reporting and analytics
• Invoice generation and payment tracking

Important: ShuleSoft acts as a technology platform facilitating payment processing. Actual payment processing and settlement are performed by licensed banks, payment service providers, and mobile network operators regulated by the Bank of Tanzania (BOT).

6.2 Bank of Tanzania (BOT) Regulatory Compliance

Our financial services comply with Bank of Tanzania regulations, including but not limited to:

• Payment Systems Regulations: Compliance with BOT's National Payment Systems Act and regulations governing electronic payment services, payment instruments, and clearing and settlement systems
• Anti-Money Laundering (AML) Requirements: Implementation of customer due diligence, transaction monitoring, suspicious activity reporting, and record-keeping in accordance with Tanzania's Anti-Money Laundering Act and BOT directives
• Know Your Customer (KYC) Standards: Verification of customer identity and institutional information as required by BOT regulations and Tanzania's financial crime prevention framework
• Consumer Protection: Adherence to BOT guidelines on transparency, disclosure, complaint handling, and data protection in financial services
• Transaction Limits and Controls: Respect for transaction limits imposed by BOT for mobile money, electronic payments, and other financial services

6.3 Financial Data Processing and Security

When processing financial transactions, we implement enhanced security measures:

• PCI DSS Compliance: Payment Card Industry Data Security Standard compliance when handling credit and debit card information. We do not store full credit card numbers, CVV codes, or PINs
• Encryption: All financial data is encrypted in transit (TLS/HTTPS) and at rest using industry-standard encryption algorithms (AES-256)
• Transaction Logging: Comprehensive audit trails of all financial transactions, including timestamp, amount, payer, payee, status, and payment method
• Fraud Monitoring: Real-time monitoring for suspicious transactions, unusual patterns, and potential fraud based on risk scoring and machine learning algorithms
• Access Controls: Strict role-based access controls limiting who can initiate, approve, or reverse financial transactions

6.4 Financial Services Partners

We partner with licensed and regulated financial institutions and payment service providers, including:

• Commercial banks licensed by the Bank of Tanzania
• Microfinance institutions regulated by BOT
• Payment service providers (PSPs) licensed under BOT's Payment Systems Act
• Mobile network operators authorized to provide mobile money services (Vodacom, Tigo, Airtel, Halotel)
• International payment gateways with PCI DSS Level 1 certification

All financial partners are contractually required to comply with applicable regulations and maintain appropriate security and compliance standards.

6.5 Customer Financial Obligations

When using our financial services, you agree to:

• Provide accurate banking and payment information
• Comply with BOT regulations and Tanzania's financial services laws
• Not use the Services for money laundering, terrorist financing, or illegal financial activities
• Cooperate with any BOT audits, investigations, or compliance inquiries
• Maintain proper accounting records as required by Tanzania Revenue Authority (TRA)
• Report any suspicious financial activity or fraud to ShuleSoft and relevant authorities

6.6 Transaction Disputes and Chargebacks

For payment disputes:

• Contact the institution or merchant that received the payment to resolve the issue directly
• If unresolved, contact ShuleSoft support at [email protected] with transaction details
• We will investigate and provide transaction records within 14 business days
• Chargebacks initiated through banks or payment providers may result in service suspension pending resolution

6.7 Regulatory Reporting and Audits

ShuleSoft maintains records required by BOT and other regulatory authorities and will:

• Cooperate with BOT audits and examinations
• Provide transaction records to authorized regulators upon lawful request
• Report suspicious transactions to Tanzania's Financial Intelligence Unit (FIU) when required by law
• Maintain financial records for the period required by law (typically 7-10 years)

7. Data Protection and Privacy

7.1 Tanzania Personal Data Protection Act, 2022 Compliance

ShuleSoft is committed to complying with the Personal Data Protection Act, 2022 of the United Republic of Tanzania ("Tanzania PDPA") and all applicable data protection laws. Our comprehensive approach to data protection is detailed in our Privacy Policy (https://shulesoft.africa/privacy), which forms an integral part of these Terms.

Key commitments under Tanzania PDPA include:

• Processing personal data lawfully, fairly, and in a transparent manner
• Collecting personal data only for specified, explicit, and legitimate purposes
• Ensuring personal data is adequate, relevant, and limited to what is necessary
• Keeping personal data accurate and up to date
• Retaining personal data only as long as necessary
• Implementing appropriate technical and organizational security measures
• Respecting data subject rights (access, rectification, erasure, portability, objection)
• Reporting data breaches to the Personal Data Protection Commission (PDPC) and affected individuals

7.2 Data Ownership and Controller vs. Processor Roles

ShuleSoft operates under two distinct data processing roles:

ShuleSoft as Data Controller:

• For account registration data (institution name, contact person, email, phone)
• For billing and payment information
• For marketing and communication preferences
• For support tickets and customer service interactions

When ShuleSoft acts as a data controller, we determine the purposes and means of processing personal data, and we are directly responsible for compliance with Tanzania PDPA.

ShuleSoft as Data Processor (Institution as Data Controller):

• For student information (names, dates of birth, grades, attendance, health records)
• For parent and guardian information
• For teacher and staff information (payroll, performance, personal records)
• For financial records entered by the institution
• For communications content created by institution users
• For any other data uploaded or generated by the institution using our Services

When ShuleSoft acts as a data processor, the Institution is the data controller and determines what data is collected, how it is used, and who has access. ShuleSoft processes this data only on the Institution's instructions and in accordance with our service agreement.

Your Institution owns and controls all Service Data. We do not use Service Data for our own purposes, sell it to third parties, or process it beyond what is necessary to provide the Services.

7.3 Data Subject Rights

Under Tanzania PDPA, individuals have rights regarding their personal data:

• Right to Access: Request a copy of personal data we hold
• Right to Rectification: Correct inaccurate or incomplete personal data
• Right to Erasure: Request deletion of personal data (subject to legal retention requirements)
• Right to Restriction: Request temporary suspension of data processing
• Right to Data Portability: Receive personal data in a machine-readable format
• Right to Object: Object to certain processing activities
• Right to Complain: Lodge a complaint with Tanzania's Personal Data Protection Commission

For Service Data (when your institution is the data controller): Students, parents, teachers, and staff should contact their institution first to exercise these rights. The institution is best positioned to respond as they control the data. ShuleSoft will assist institutions in fulfilling data subject requests when requested.

For Controller Data (account, billing, marketing data): Contact [email protected] or [email protected] to exercise your rights.

7.4 Data Retention and Deletion

Service Data (when ShuleSoft is the processor):

• Retained while your institution has an active subscription
• Accessible for 30 days after subscription cancellation or termination
• Deleted from active systems within 30 days after termination
• Backup copies deleted within 6 months
• Critical financial and audit records may be retained longer as required by Tanzania tax law and BOT regulations (typically 7-10 years)

Controller Data (account, billing, support):

• Account data retained for 6-12 months after account closure
• Billing and financial records retained for 7-10 years (Tanzania Revenue Authority and accounting requirements)
• Support communications retained for 3-5 years
• Marketing data retained until you unsubscribe

7.5 International Data Transfers

ShuleSoft operates globally with infrastructure in Tanzania and the United States. Service Data may be transferred to, stored in, and processed in Tanzania, USA, or other countries where our service providers operate. These countries may have different data protection laws than Tanzania.

When transferring personal data internationally, we implement appropriate safeguards:

• Standard Contractual Clauses (SCCs) approved by supervisory authorities
• Data Processing Agreements with security and compliance obligations
• Encryption in transit and at rest regardless of location
• Access controls limiting who can access data

You consent to international data transfers when you use our Services. For institutional customers requiring specific data localization, contact [email protected] to discuss options.

7.6 Data Security Measures

We implement comprehensive security measures to protect your data:

Technical Security:

• Encryption in transit (TLS 1.2/1.3, HTTPS)
• Encryption at rest (AES-256 for sensitive data)
• Role-based access controls (RBAC)
• Multi-factor authentication (MFA) for Administrator accounts
• Firewalls, intrusion detection/prevention systems (IDS/IPS)
• DDoS protection and network segmentation
• Regular security patching and vulnerability management
• Secure coding practices and application security testing

Organizational Security:

• Employee background checks and confidentiality agreements
• Mandatory security and privacy training
• Least privilege and need-to-know access principles
• Vendor security assessments
• Incident response plan and security monitoring
• Regular backups and disaster recovery procedures
• Annual security audits and penetration testing

7.7 Data Breach Notification

In the event of a personal data breach that poses a risk to individuals' rights and freedoms, ShuleSoft will:

• Notify the Personal Data Protection Commission (PDPC) within 72 hours of becoming aware of the breach (as required by Tanzania PDPA)
• Notify affected institutions and individuals without undue delay
• Provide details of the breach, data affected, potential consequences, and remedial actions
• Cooperate in investigating the breach and implementing corrective measures

If you suspect a data breach or security incident, report it immediately to [email protected].

7.8 Data Processing Agreements (DPA)

Institutional customers acting as data controllers may request a formal Data Processing Agreement (DPA) to document our data processor obligations. Our DPA is compliant with Tanzania PDPA and includes:

• Description of processing activities and purposes
• Data security measures and technical safeguards
• Subprocessor authorization and notification procedures
• Data breach notification obligations
• Audit rights and compliance verification
• Data deletion and return procedures upon termination
• International data transfer mechanisms (SCCs where applicable)

To request a DPA, contact [email protected].

8. Mobile Applications

8.1 Mobile App Distribution

ShuleSoft distributes mobile applications ("Apps") through:

• Google Play Store for Android devices (Android 8.0 and above)
• Apple App Store for iOS devices (iOS 13.0 and above)

By downloading and using our mobile Apps, you agree to these Terms of Service and the applicable terms of the app store platform (Google Play Terms of Service or Apple App Store Terms and Conditions). In case of conflict between ShuleSoft's terms and the app store terms, the app store terms shall prevail with respect to the download and installation process.

8.2 Google Play Store Compliance

Our Android Apps comply with Google Play Developer policies, including:

• Data Safety Disclosure: We provide accurate information in the Google Play Data Safety section about what data our Apps collect, how it's used, and how it's shared
• User Data Policy: We handle personal and sensitive user data transparently and securely, request only necessary Android permissions, and do not access or use data for purposes unrelated to the App's functionality
• Permissions: We request only Android permissions that are essential for App features (camera for document scanning, storage for file access, contacts for parent selection, location for attendance geofencing where enabled). Users can review and manage permissions in Android Settings → Apps → ShuleSoft → Permissions
• Families Policy: Where our Apps are used by children or in educational contexts, we comply with Google Play's Families Policy, including enhanced privacy protections, appropriate content standards, and parental consent mechanisms

8.3 Apple App Store Compliance

Our iOS Apps comply with Apple App Store Review Guidelines and policies, including:

• App Privacy Details: We provide accurate privacy nutrition labels in the App Store showing what data our Apps collect and how it's used, viewable before download
• App Tracking Transparency (ATT): We do not track users across apps or websites owned by other companies for advertising or data brokering purposes. We do not use Apple's IDFA (Identifier for Advertisers) for tracking
• Permissions: We request iOS permissions with clear explanations of why each permission is needed (camera for photos, photo library for uploads, location for attendance tracking, notifications for alerts, contacts for parent selection). Users can manage permissions in iOS Settings → ShuleSoft App
• Data Minimization: We collect only data necessary for App functionality and do not collect data for purposes unrelated to providing educational services

8.4 Mobile App Permissions and Data Collection

Our mobile Apps may request the following device permissions:

• Camera: To capture photos for profile pictures, scan documents (receipts, IDs, certificates), and QR code scanning for quick access
• Photo Library/Storage: To upload photos, documents, and assignments, and to save downloaded reports and receipts
• Location (optional): To enable attendance tracking with geofencing (ensuring students are on campus when marking attendance), emergency location services, and location-based analytics (if enabled by institution)
• Notifications: To send push notifications for messages, announcements, fee payment reminders, attendance alerts, and exam schedules
• Contacts (optional): To help parents quickly select student names or teachers when sending messages, without uploading your entire contact list
• Biometric Authentication (optional): To enable fingerprint or face recognition for secure, convenient login

You can grant or deny permissions at any time. Denying permissions may limit certain features but will not prevent core App functionality (viewing grades, attendance, receiving notifications).

To manage permissions:

• Android: Settings → Apps → ShuleSoft → Permissions
• iOS: Settings → ShuleSoft → Permissions (or Settings → Privacy)

8.5 Mobile App Updates

We regularly release updates to improve functionality, fix bugs, enhance security, and add features. Updates are distributed through Google Play Store and Apple App Store. We recommend enabling automatic app updates to ensure you have the latest security patches and features.

Major updates that change functionality significantly will be announced within the App and via email. Continued use of the App after an update constitutes acceptance of any changes.

8.6 Mobile App Third-Party SDKs

Our mobile Apps integrate the following third-party software development kits (SDKs) to provide core functionality:

• Firebase (Google): For analytics, crash reporting, push notifications, and authentication. Configured with privacy-preserving settings; no cross-app tracking or advertising
• Payment SDKs: For in-app payment processing (Stripe, Flutterwave, or other PCI DSS certified providers)
• Authentication SDKs: For secure login (Google Sign-In, Apple Sign-In where applicable)

These SDKs may collect device information and usage analytics. They are configured to not enable advertising tracking or data brokering. For details on each SDK's data practices, see our Privacy Policy.

9. Intellectual Property Rights

9.1 ShuleSoft Intellectual Property

ShuleSoft owns and retains all rights, title, and interest in and to:

• The Services, including all software, code, algorithms, interfaces, and features
• ShuleSoft trademarks, service marks, logos, branding, and trade names
• Documentation, training materials, knowledge base articles, and support content
• Derivative works, improvements, and modifications to the Services
• Aggregated, anonymized usage data and analytics derived from use of the Services

These Terms do not grant you any ownership rights in the Services or ShuleSoft intellectual property. You are granted only a limited, non-exclusive, non-transferable license to access and use the Services for your internal educational purposes in accordance with these Terms and your subscription plan.

9.2 User Content and Service Data Ownership

You own the content and data you create, upload, or store using the Services ("User Content" or "Service Data"). This includes:

• Student records, grades, attendance data, and academic information
• Financial records, invoices, receipts, and payment data
• Communications, messages, announcements, and emails
• Documents, files, images, and videos uploaded to the Services
• Custom reports, configurations, and workflows you create

By using the Services, you grant ShuleSoft a limited license to:

• Host, store, transmit, and display your User Content as necessary to provide the Services
• Make backups and copies for disaster recovery and service continuity
• Perform technical operations like indexing, reformatting, and optimization to improve performance
• Generate aggregated, anonymized analytics and usage statistics (which do not identify you or your institution)

We do not use your User Content for our own commercial purposes, marketing (except with your permission), or sell it to third parties.

9.3 User Content Responsibilities

You are solely responsible for your User Content and warrant that:

• You own or have all necessary rights, licenses, and permissions to upload and use the content
• Your content does not infringe any third party's intellectual property rights, privacy rights, or other rights
• Your content complies with all applicable laws and these Terms, including the Acceptable Use Policy
• Your content does not contain malware, viruses, or harmful code

We reserve the right to remove or disable access to any User Content that violates these Terms, infringes third party rights, or is illegal. We will notify you of content removal where practicable.

9.4 Trademark Usage

"ShuleSoft," the ShuleSoft logo, and the names and logos of individual ShuleSoft products are trademarks of ShuleSoft (Tanzania) or its affiliates. You may not:

• Use ShuleSoft trademarks without prior written permission
• Display ShuleSoft logos on your website or marketing materials without authorization
• Create derivative works or modifications of ShuleSoft trademarks
• Use ShuleSoft trademarks in a manner that implies endorsement, partnership, or affiliation without authorization
• Register domain names, social media accounts, or business names confusingly similar to ShuleSoft trademarks

For trademark licensing or partnership inquiries, contact [email protected].

9.5 Copyright Infringement and DMCA

If you believe that content on the Services infringes your copyright, please notify us with the following information:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on the Services
• Your contact information (name, address, email, phone)
• A statement that you have a good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

Send copyright infringement claims to [email protected] with subject line "Copyright Infringement Claim."

10. Third-Party Integrations and Services

10.1 Third-Party Services

ShuleSoft Services may integrate with or link to third-party services, applications, and websites ("Third-Party Services"), including:

• Payment gateways (Stripe, Flutterwave, Paystack, PayPal)
• Mobile money providers (M-Pesa API, Tigo Pesa, Airtel Money, Halopesa)
• Banks and financial institutions
• SMS gateway providers and telecommunications companies
• Video conferencing tools (Zoom, Google Meet, Microsoft Teams)
• Cloud storage services (Google Drive, Dropbox)
• Learning management platforms and content providers
• Authentication providers (Google Sign-In, Microsoft Azure AD, Apple Sign-In)

10.2 Third-Party Terms and Privacy

Your use of Third-Party Services is governed by those services' own terms of service and privacy policies. You are responsible for reviewing and accepting Third-Party Service terms before enabling integrations.

ShuleSoft is not responsible for Third-Party Services, their functionality, availability, security, or data practices. We do not control Third-Party Services and make no representations or warranties about them. Your interactions with Third-Party Services are solely between you and the third party.

10.3 Data Sharing with Third Parties

When you enable a Third-Party Service integration, you authorize ShuleSoft to share necessary data with that service as required for the integration to function. For example:

• Sharing payment information with payment gateways to process transactions
• Sharing phone numbers with SMS providers to send notifications
• Sharing student names and email addresses with video conferencing tools to create meeting participants

You can disable Third-Party Service integrations at any time through your account settings.

10.4 Third-Party Service Changes

We may add, remove, or modify Third-Party Service integrations at any time. We will provide notice when practicable, but reserve the right to immediately disable integrations that pose security risks, violate these Terms, or become unavailable.

11. Warranties and Disclaimers

11.1 Service Warranties and Serviceability

ShuleSoft warrants that:

• The Services will generally conform to the descriptions in our documentation and marketing materials
• We will provide the Services with reasonable care and skill
• We will implement reasonable security measures to protect your data
• We will comply with applicable laws and regulations

11.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED ABOVE, THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHULESOFT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT OR DATA
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR HARMFUL COMPONENTS

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SHULESOFT OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Use of any material downloaded or obtained through the Services is at your own discretion and risk. You are solely responsible for any damage to your computer systems, mobile devices, or loss of data resulting from use of the Services.

11.3 Beta and Experimental Features Disclaimer

Beta Services, preview features, and experimental functionality are provided without any warranty whatsoever. They may be unreliable, contain bugs, change significantly, or be discontinued without notice. Use Beta Services at your own risk.

11.4 Third-Party Service Disclaimer

ShuleSoft is not responsible for the availability, accuracy, reliability, or legality of Third-Party Services integrated with our platform. Any transactions or interactions with Third-Party Services are solely between you and the third party.

12. Limitation of Liability and Indemnification

12.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHULESOFT'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• (A) THE FEES PAID BY YOU TO SHULESOFT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR
• (B) ONE THOUSAND UNITED STATES DOLLARS (USD $1,000)

IN NO EVENT SHALL SHULESOFT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES
• BUSINESS INTERRUPTION OR COMPUTER FAILURE
• LOSS OF USE OR INABILITY TO ACCESS THE SERVICES
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR DATA
• DAMAGES ARISING FROM THIRD-PARTY SERVICES OR CONTENT

THESE LIMITATIONS APPLY EVEN IF SHULESOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, the above limitations may not apply to you to the extent prohibited by law.

12.2 Indemnification

You agree to indemnify, defend, and hold harmless ShuleSoft, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Services
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights, including intellectual property, privacy, or data protection rights
• Your User Content or Service Data
• Unauthorized access to your account resulting from your failure to maintain account security
• Any disputes between you and your End Users (students, parents, teachers, staff)

ShuleSoft reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

12.3 Force Majeure

ShuleSoft shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, earthquakes, floods, storms
• War, terrorism, civil unrest, riots, political instability
• Epidemics, pandemics, public health emergencies
• Power outages, telecommunications failures, internet service provider failures
• Government actions, laws, regulations, embargoes, sanctions
• Labor disputes, strikes
• Third-party service failures (cloud providers, payment processors, SMS gateways)
• Cyberattacks, DDoS attacks, hacking attempts beyond reasonable security measures

13. Termination and Suspension

13.1 Termination by You

You may terminate your subscription and stop using the Services at any time by:

• Canceling your subscription through your account dashboard
• Downgrading to a free plan (if available) before your renewal date
• Contacting support at [email protected] with a termination request

To avoid charges for the next billing cycle, you must cancel or downgrade at least 7 days before your subscription renewal date. Termination will be effective at the end of your current paid subscription period.

Upon termination, you will have 30 days to export your Service Data. After 30 days, your data will be deleted from active systems (backup copies deleted within 6 months).

13.2 Suspension by ShuleSoft

We may temporarily suspend your access to the Services (without terminating your account) in the following circumstances:

• Non-Payment: Failure to pay subscription fees within 14 days of the due date
• Suspected Violation: Reasonable belief that you are violating these Terms or the Acceptable Use Policy
• Security Threats: Your account is compromised, used for malicious activity, or poses security risks to other users or our infrastructure
• Legal Requirements: Court order, law enforcement request, or regulatory directive requiring suspension
• Suspected Fraud: Suspected fraudulent payment information or identity theft
• Extended Inactivity: No login activity for 120 consecutive days (for free accounts)

We will notify you of suspension by email and provide an opportunity to remedy the issue (except where notification would compromise security or violate law enforcement requirements). Upon resolution, we will restore access promptly.

13.3 Termination by ShuleSoft

We may terminate your account and refuse current or future access to the Services if:

• You materially or repeatedly breach these Terms
• You fail to cure a breach within 30 days of receiving written notice
• Your account remains suspended for non-payment for more than 30 days
• You engage in illegal activities using the Services
• You use the Services for competitive intelligence or benchmarking without authorization
• You attempt to reverse engineer, hack, or compromise the Services
• Your use poses security, legal, or reputational risks to ShuleSoft or other users
• Required by law or regulatory order

We will provide at least 30 days' notice of termination by email (except in cases of material breach, security threats, or legal requirements, where termination may be immediate). You will have the opportunity to export your data during the notice period.

13.4 Effect of Termination

Upon termination of your subscription (whether by you or ShuleSoft):

• Your access to the Services will be revoked immediately (or at the end of the notice period)
• Your Service Data will remain accessible for 30 days for export
• After 30 days, Service Data will be deleted from active systems
• Backup copies will be deleted within 6 months
• You will not receive any refund for prepaid fees (unless termination is due to ShuleSoft's material breach)
• All outstanding fees and charges become immediately due and payable
• Provisions that by their nature should survive termination will remain in effect (including liability limitations, indemnification, intellectual property rights, governing law)

13.5 Data Export Before Termination

We strongly recommend exporting your Service Data before termination. You can export data through:

• Built-in export features in your account dashboard (Excel, CSV, PDF formats)
• API access (if you have technical resources to programmatically retrieve data)
• Contacting support to request a full data export (for large institutions)

After the 30-day grace period, data deletion is permanent and irreversible. ShuleSoft will not be able to recover your data after deletion.

13.6 Reactivation of Terminated Accounts

If you wish to reactivate a terminated account:

• Contact [email protected] within 30 days of termination
• Resolve any outstanding issues that led to termination (payment, Terms violations, etc.)
• Pay any outstanding fees

Reactivation is not guaranteed and is at ShuleSoft's sole discretion. If your account has been terminated for more than 30 days, your data may have been deleted and cannot be recovered.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms of Service and your use of the Services shall be governed by and construed in accordance with the laws of the United Republic of Tanzania, without regard to its conflict of law principles.

If you are located outside Tanzania, these Terms are also subject to applicable laws in your jurisdiction to the extent required by law. However, in the event of any conflict, Tanzania law shall prevail to the maximum extent permitted.

14.2 Jurisdiction and Venue

Subject to the arbitration provisions below, both parties agree that any legal action or proceeding arising out of or related to these Terms will be brought exclusively in the courts located in Dar es Salaam, Tanzania, and you consent to the personal jurisdiction of such courts.

If you are located in a jurisdiction that requires disputes to be resolved in local courts (such as the European Union for consumer protection), those mandatory provisions shall apply.

14.3 Dispute Resolution Process

Before initiating legal proceedings, we encourage you to resolve disputes informally by:

• Step 1: Contact Support – Email [email protected] describing the issue. We will work to resolve it within 14 business days.
• Step 2: Escalation to Management – If unresolved, escalate to [email protected] for management review within 30 days.
• Step 3: Negotiation – Both parties agree to negotiate in good faith for 60 days before pursuing legal action.

14.4 Arbitration Agreement (Optional for Enterprise Customers)

For disputes involving enterprise customers (subscriptions over USD $10,000 annually), both parties may agree to binding arbitration instead of court litigation. Arbitration terms:

• Arbitration conducted under the rules of the Tanzanian Institute of Arbitrators or other mutually agreed arbitration body
• Arbitration held in Dar es Salaam, Tanzania, or another mutually agreed location
• Each party bears their own arbitration costs unless otherwise determined by the arbitrator
• Arbitration award is final and binding, enforceable in any court of competent jurisdiction
• Either party may seek preliminary injunctive relief in court to prevent irreparable harm

Arbitration is optional and requires mutual written agreement. If you do not agree to arbitration, disputes will be resolved in Tanzania courts as described above.

14.5 Class Action Waiver

To the extent permitted by law, you agree that any dispute with ShuleSoft will be resolved on an individual basis. You waive the right to participate in any class action, collective action, or representative proceeding against ShuleSoft.

14.6 Equitable Relief

Notwithstanding any other provision in these Terms, ShuleSoft may seek immediate injunctive or equitable relief in any court of competent jurisdiction to prevent:

• Unauthorized use or distribution of our intellectual property
• Breach of confidentiality obligations
• Security threats or violations that cause immediate harm

15. General Provisions

15.1 Modification of Terms

We may modify these Terms of Service at any time to reflect:

• Changes in legal or regulatory requirements
• New features, services, or product offerings
• Changes in business practices or policies
• Security or operational improvements

Notice of Material Changes: For significant changes that affect your rights or obligations, we will provide at least 30 days advance notice via:

• Email to your account email address
• Prominent notice on our website and within the Services
• In-app notifications

Effective Date: The revised Terms will become effective 30 days after notice (or as otherwise stated in the notice).

Your Options: If you do not agree to the modified Terms, you may:

• Terminate your subscription within 30 days of receiving notice to avoid being bound by the new Terms
• Contact us at [email protected] to discuss your concerns

Continued use of the Services after the effective date constitutes your acceptance of the modified Terms.

15.2 Entire Agreement

These Terms of Service, together with our Privacy Policy, Data Processing Agreement (if applicable), and any Service-Specific Terms, constitute the entire agreement between you and ShuleSoft regarding the Services. These Terms supersede all prior agreements, understandings, negotiations, and discussions (whether oral or written) between the parties.

If you have a separate written agreement with ShuleSoft (such as an Enterprise Services Agreement), the terms of that agreement will prevail over these Terms to the extent of any conflict.

15.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

15.4 No Waiver

ShuleSoft's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized ShuleSoft representative.

15.5 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without ShuleSoft's prior written consent. Any attempted assignment without consent will be void.

ShuleSoft may assign these Terms or delegate performance without your consent in the event of merger, acquisition, corporate reorganization, or sale of substantially all assets related to the Services. We will notify you of any assignment that materially affects your rights.

15.6 Notices

All notices required or permitted under these Terms will be in writing and delivered by:

• Email to your account email address (for notices to you)
• Email to [email protected] or physical mail to our Tanzania office (for notices to ShuleSoft)

ShuleSoft's Contact Information:

• Email: [email protected]
• Physical Address: ShuleSoft Tanzania, [Full Address to be added], Dar es Salaam, Tanzania

Notices sent by email will be deemed delivered 24 hours after sending. You are responsible for ensuring your account email address is current and monitored.

15.7 Independent Contractors

The relationship between you and ShuleSoft is that of independent contractors. These Terms do not create any partnership, joint venture, employment, agency, or franchise relationship. Neither party has authority to bind the other or incur obligations on the other's behalf.

15.8 Survival

The following provisions will survive termination of these Terms: Data Ownership, Intellectual Property Rights, Confidentiality, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, and any other provisions that by their nature should survive.

15.9 Language and Translation

These Terms are originally written in English. If we provide a translated version for your convenience (e.g., Swahili), the English version will prevail in case of any conflict or inconsistency between translations.

15.10 Force Majeure

Neither party will be liable for failure or delay in performance due to circumstances beyond reasonable control, as detailed in Section 12.3 (Force Majeure).

15.11 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You will not use the Services in violation of any trade embargoes, sanctions, or export restrictions imposed by Tanzania, the United States, the European Union, or the United Nations.

15.12 Government Use

If you are a government entity or public institution, additional terms may apply. Contact [email protected] to discuss government-specific terms and procurement requirements.