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End User License Agreement

The terms for using the CBC App, including the optional QuickBooks Online connection.

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This agreement is between Verb Education Ltd ("Verb Education", "we", "us") and the school that subscribes to the CBC App (the "School"). It also binds each teacher, administrator or other person the School allows to use the CBC App (an "Authorised User"). By creating an account, or by clicking to accept, you agree to it. If you accept for a School, you confirm that you have authority to bind it. If you do not agree, do not use the CBC App.

Our Privacy Policy explains how we handle personal data. It is part of this agreement.

1. The service

The "CBC App" means the web application at cloud.cbcapp.co.ke, its mobile and browser interfaces, and the updates, documentation and support we provide for it. It helps schools keep curriculum, assessment, attendance and reporting records for the Competency-Based Curriculum in Kenya.

2. Licence

While the School's subscription is active, we grant the School a limited, non-exclusive, non-transferable, revocable licence to let its Authorised Users use the CBC App for the School's own educational and administrative purposes. We keep all rights not granted here. The CBC App is licensed, not sold.

3. Accounts

  • The School chooses its Authorised Users and what each may see and do. It is responsible for everything done under their accounts.
  • Each account belongs to one person. Do not share a login.
  • Keep passwords secret. Tell us at support@cbcapp.co.ke as soon as you suspect an account is compromised.
  • Give us accurate registration details and keep them current.

4. What you must not do

You must not:

  • copy, modify, translate, reverse engineer or try to extract the source code of the CBC App, except where the law allows it despite this clause;
  • sell, rent, lease, sublicense or give the CBC App to anyone other than the School's Authorised Users;
  • use the CBC App to break the law, including the Data Protection Act, 2019, or to harass, discriminate against or harm any learner, parent or staff member;
  • upload malicious code, probe or test the security of the CBC App without our written consent, or overload it;
  • use automated tools to scrape or bulk-export data, other than the export features we provide;
  • build a competing product from the CBC App, its design or its outputs;
  • use the CBC App for a school other than the School.

5. School data

The School owns the data it and its Authorised Users put into the CBC App ("School Data"), including learner, parent and staff records. It gives us permission to host, process, transmit and display School Data only as needed to provide the CBC App, to support the School, and to meet legal duties. We do not sell School Data, use it for advertising, or use it to train AI models.

The School is the data controller for School Data and we are its data processor. The School is responsible for:

  • having a lawful basis to process each learner's, parent's and staff member's data, and giving them the notices and getting the consent the Data Protection Act requires, including parental consent for children;
  • the accuracy and legality of School Data;
  • deciding who may use the SMS and email features, and what they send.

The School can export its School Data at any time with the CBC App's export tools. Section 13 says what happens to it when this agreement ends.

6. QuickBooks Online and other third-party services

The CBC App can connect to QuickBooks Online, a product of Intuit Inc. ("Intuit"). A School administrator may connect it, and this clause applies if they do.

  • The School's authorisation. The administrator confirms that they may give the CBC App access to the School's QuickBooks company. The access is read-only: the CBC App reads customers, invoices and payments and does not create, change or delete anything in QuickBooks.
  • Purpose. We use that data only to show the School's administrators the fee status of its learners. Our Privacy Policy sets out the limits on its use, how long we keep it, and how to disconnect.
  • Disconnecting. The School can disconnect at any time from the CBC App settings or from QuickBooks. When it does, our access ends immediately.
  • Intuit's terms. The School's use of QuickBooks is governed by its own agreement with Intuit, not by this agreement. Intuit is not a party to this agreement. Intuit does not provide the CBC App and is not responsible for it, its support or its content. We do not control QuickBooks, and we are not responsible for its availability, its data or changes Intuit makes to it. If Intuit changes or ends access for developers, the connection may stop working. That is not a breach of this agreement.
  • Accuracy. Fee status shown in the CBC App is a copy that may lag the live QuickBooks data. The School should rely on QuickBooks for its accounting records.

The CBC App also uses third-party services to send SMS and email and to host the service. We choose them, and we are responsible to the School for how they handle School Data on our behalf. Other third-party content or services that a user chooses to use are governed by their own terms.

7. AI features

AI features generate suggestions, such as lesson plans or assessment ideas. They can be wrong or incomplete. The teacher must review a suggestion before using it and is responsible for what they use. Suggestions are not professional advice, and they do not replace guidance from the Kenya Institute of Curriculum Development or the Ministry of Education.

8. Fees

The School pays the subscription and onboarding fees agreed in its order or quote. Published rates are on our pricing page. Fees are charged annually in advance, in Kenyan shillings, and exclude taxes unless stated. We pro-rate fees for a School that joins part-way through a year. If a School does not pay within 30 days of an invoice's due date, we may suspend access after giving 14 days' written notice. We change fees only at renewal, with at least 60 days' notice.

9. Support and updates

The subscription includes support by email, phone and WhatsApp during normal Kenyan working hours, and updates we release. We may change, add or remove features. If we remove a main feature, we give the School at least 30 days' notice. We aim for the CBC App to be available at all times, but we do not promise uninterrupted service. We schedule maintenance outside school hours where we can.

10. Our intellectual property

We own the CBC App, including its software, design, text, logos and the CBC App name, and all improvements to them. Nothing in this agreement transfers any of this to you. Content and templates we supply remain ours, and the School may use them for its own teaching and administration. If you send us suggestions or feedback, we may use them freely without payment or credit.

11. Warranty disclaimer

We provide the CBC App with reasonable skill and care. To the fullest extent the law allows, we provide it "as is" and "as available", and we give no other warranty, express or implied, including any warranty of merchantability, fitness for a particular purpose, or that the CBC App will be error-free. Nothing in this agreement limits rights that Kenyan consumer law gives and does not allow to be limited.

12. Limit of liability

To the extent the law allows:

  • neither party is liable to the other for indirect or consequential loss, loss of profit, or loss of goodwill;
  • our total liability to the School for all claims arising from this agreement in any 12-month period is limited to the fees the School paid us in that period.

These limits do not apply to liability for death or personal injury caused by negligence, for fraud, for wilful misconduct, or to anything else that the law does not allow to be limited.

The School will cover and defend us against claims by third parties, including learners, parents, staff and regulators, that arise from School Data the School had no right to upload, or from its breach of section 4 or section 5.

13. Term and ending

  • This agreement starts when the School first accepts it and lasts for the subscription term. A subscription renews each year unless either party gives 30 days' written notice before the renewal date.
  • Either party may end this agreement by written notice if the other materially breaches it and does not fix the breach within 30 days of being told.
  • We may suspend an account immediately if its use threatens the security of the CBC App or other schools, or breaks the law.
  • When this agreement ends, the School's licence ends. The School can export its School Data for 30 days. We then delete it within a further 60 days, unless the law requires us to keep it. Sections 5, 10, 11, 12, 14 and 15 continue after the agreement ends.

14. Governing law and disputes

The laws of Kenya govern this agreement. The parties will first try to settle a dispute by good-faith discussion for 30 days. If that fails, the courts of Kenya, sitting in Nairobi, have exclusive jurisdiction.

15. General

  • Whole agreement. This agreement, the Privacy Policy and the School's order form are the whole agreement between us on the CBC App. If they conflict, the order form prevails, then this agreement, then the Privacy Policy.
  • Changes. We may update this agreement. For a material change we give the School's administrator at least 30 days' notice by email. If the School keeps using the CBC App after the change takes effect, it accepts the change. If it does not accept, it may end the agreement before the change takes effect, and we refund the fees for the unused part of the term.
  • Assignment. The School may not transfer this agreement without our written consent. We may transfer it to a successor to our business.
  • Severability. If a clause is unenforceable, the rest stays in force.
  • No waiver. A delay in enforcing a right does not waive it.
  • Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as power or network failure, natural disaster or government action. This does not excuse payment.
  • Notices. We send notices to the administrator's email address on the account. The School sends notices to support@cbcapp.co.ke.

16. Contact

Verb Education Ltd
D2 Muguku House, Kikuyu, Kenya
support@cbcapp.co.ke
Phone and WhatsApp: 0718 593 059