Terms of Service

1. These terms

These Terms of Service are an agreement between you and Suney Technologies Limited, the company that operates CBE Analyser. By creating an account, installing the Android application or using the platform in any way, you agree to them.

If you are agreeing on behalf of a school, you confirm that you have authority to bind that school, and "you" means the school as well as you personally.

If you do not agree to these terms, do not use CBE Analyser.

2. Who may use CBE Analyser

CBE Analyser is a school management platform intended for schools and their authorised staff. It is not intended for use by learners or by members of the public.

Accounts are created by a school for its own administrators, teachers and staff. You must be at least 18 years old to hold an account.

3. Accounts and security

• Each person must have their own account. Do not share accounts or passwords.
• Keep your password secret and use a strong one.
• You are responsible for everything done through your account.
• Schools must withdraw access promptly when a member of staff leaves or changes role.
• Tell us immediately at support@cbeanalyser.com if you suspect unauthorised access.

Passwords are stored only as one-way cryptographic hashes. Nobody, including us, can read your password. If it is forgotten it is reset, never revealed.

4. The school's data

Data a school enters into CBE Analyser remains the school's. We do not acquire ownership of it by processing it, and we do not sell it or use it for advertising.

The school is the data controller for its learner, parent, guardian and staff data, and CBE Analyser acts as its data processor. The school is responsible for having lawful authority to enter that data, for its accuracy, and for obtaining any parental or guardian consent the law requires.

On request, we will export a school's data in a commonly used electronic format. See our Privacy Policy for how long data is kept and how it is deleted.

5. Acceptable use

You must not:

• use CBE Analyser unlawfully, or to process personal data you have no lawful authority to process
• attempt to access another school's data, or any account that is not yours
• probe, scan or test the security of the platform, or bypass any access control
• upload malicious code, or anything that could damage or disrupt the service
• copy, reverse engineer, decompile or resell the platform or any part of it
• use automated means to extract data at scale
• send unlawful, abusive, misleading or unsolicited marketing messages through the SMS module
• upload sensitive personal data the service does not need, as set out in our Privacy Policy
• misrepresent your identity or your authority to act for a school

6. Free trial

New schools receive a free trial of 90 days from registration, during which the platform's features are available at no charge. We may change the length of the trial for future registrations, but not for a trial already running.

When the trial ends, continued use of paid modules requires payment. Data entered during the trial is not deleted when the trial ends.

7. Fees and payment

Current prices are published on our pricing page. Analysis is charged per learner, so a school pays only for the learners it has, and adding a learner mid-term is billed for that learner alone.

• Prices are in Kenya Shillings and, unless stated otherwise, exclude any applicable taxes.
• Payment is made through the payment channels shown in the application. Enter the transaction code exactly as your payment confirmation shows it.
• A receipt is generated for every payment and is available in the application.
• We may change prices on at least 30 days' notice. A change never applies to a period already paid for.

Payments for a period already used are not refundable, except where a refund is required by law or where we have charged you in error. If you believe you have been charged incorrectly, contact us within 30 days and we will investigate and correct it.

8. SMS credits

Bulk SMS is sold as prepaid credits. Credits are deducted when a message is submitted for delivery. Where the telecommunications provider rejects a recipient, the credit for that recipient is returned to your balance.

Delivery depends on mobile networks and on the telecommunications provider, and is outside our control. We cannot guarantee that every message will be delivered or that it will arrive at a particular time.

Credits are not exchangeable for cash. Schools are responsible for the content of the messages they send and for holding recipient numbers lawfully.

9. Generated documents and analysis

CBE Analyser generates schemes of work, lesson plans, records of work covered, timetables, report forms, merit lists and analyses from curriculum data and from the information a school enters.

Book titles and page references entered by a school are the school's own, and we do not verify them.

10. Availability and support

We aim to keep CBE Analyser available at all times, but we do not promise uninterrupted availability. The service may be unavailable during maintenance, or because of failures in networks, hosting providers or other services beyond our control.

Support is provided by email at support@cbeanalyser.com, by telephone on +254 716 016 457, and through the support screen inside the application.

11. Changes to the service

We improve CBE Analyser continuously and may add, change or remove features. We will not remove a feature a school actively depends on without reasonable notice.

We may update these terms. If a change is material we will give notice before it takes effect, by email or by a notice inside the application. Continuing to use the platform after that means you accept the updated terms.

12. Intellectual property

CBE Analyser, its software, design, name and logo belong to Suney Technologies Limited. You are granted a limited, non-exclusive, non-transferable right to use the platform for your school's own administration for as long as your account is in good standing. No other right is granted.

Curriculum designs published by the Kenya Institute of Curriculum Development remain the property of their publisher. The data a school enters remains the school's.

13. Suspension and termination

A school may stop using CBE Analyser at any time and may ask us to close its account and delete its data.

We may suspend or terminate access where:

• fees due remain unpaid after notice
• these terms are breached, particularly section 5
• continued access poses a security risk to the platform or to other schools
• we are required to do so by law

Except where the law or a security emergency requires immediate action, we will give notice and a reasonable chance to put things right before suspending an account. On termination, we will on request export the school's data before it is deleted, as set out in our Privacy Policy.

14. Disclaimers

CBE Analyser is provided on an "as is" and "as available" basis. To the fullest extent the law allows, we exclude implied warranties, including that the service will be uninterrupted, error free, or fit for a particular purpose.

We do not warrant the accuracy of any analysis, document or report to the extent it depends on the accuracy of the information entered by a school.

Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, or for fraud.

15. Liability

To the fullest extent the law allows, we are not liable for indirect or consequential loss, loss of profits, loss of reputation, or loss or corruption of data caused by circumstances outside our reasonable control.

Our total liability to a school for all claims arising in any twelve-month period is limited to the total amount that school paid us for the service in that period.

This section does not limit liability arising from our obligations under the Data Protection Act, 2019, or any liability that cannot lawfully be limited.

16. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your use of CBE Analyser in breach of these terms, or from personal data you entered into the platform without lawful authority.

17. Privacy

Our handling of personal data is governed by our Privacy Policy, which forms part of these terms. Please read it.

18. Governing law and disputes

These terms are governed by the laws of Kenya. The courts of Kenya have jurisdiction over any dispute arising from them.

Before starting proceedings, please contact us so we can try to resolve the matter directly. Most problems are settled with a phone call.

19. General

• If any part of these terms is found unenforceable, the rest continues to apply.
• Our failure to enforce a term is not a waiver of it.
• You may not transfer your rights under these terms without our written consent. We may transfer ours if our business is transferred, on notice to you.
• These terms, together with the Privacy Policy and any written agreement signed with a school, are the entire agreement between us.

20. Contact