Terms of Service

1. Acceptance of terms

By creating an account, clicking any "I Agree" button, or accessing the Services, you confirm that you have read, understood, and agreed to be bound by these Terms, our Privacy Policy, our Data Processing Agreement ("DPA"), and any applicable Student Data Addendum.

If you are entering into these Terms on behalf of a school, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, you must not accept these Terms on the entity's behalf.

We record your acceptance of these Terms together with the date, time, IP address, and the version of these Terms you accepted. You may request a copy of this record by emailing [email protected].

2. Definitions

In these Terms, the following words have the meanings set out below. Where a definition is not provided here, it shall be read consistently with the Privacy Policy and DPA.

• "Account" means the login credentials and profile assigned to an authorized user.
• "Authorized User" means any individual permitted by a school (as the customer) to access the Services under the school's Account.
• "Customer" or "School" means the school, educational institution, or organization that has entered into these Terms with us.
• "Services" means the AlonyoCloud platform and any related products (EDU, Hosting, AI) made available to the Customer.
• "Student Data" means personal information relating to students that is entered into, uploaded to, or processed through the Services by a School.
• "DPA" means the Data Processing Agreement in effect between us and the School, available at https://alonyocloud.com/dpa.
• "Personal Data" has the meaning given in the Privacy Policy and, where applicable, GDPR Article 4(1).

3. Eligibility and account registration

You must be at least 18 years old to create an Account on behalf of a school. Authorized Users may include minors under the age of 18, but only when a School has obtained the necessary parental consent and only in accordance with our Student Data Addendum.

To create an Account, you agree to provide accurate, current, and complete information and to keep it updated. You are responsible for any activity that occurs under your Account.

4. Your account security

You are responsible for keeping your Account secure and for anything that happens under it. Please:

• Provide accurate information when you sign up.
• Keep your password confidential and use a strong, unique one.
• Enable two-factor authentication where available.
• Notify us immediately if you suspect unauthorized access by emailing [email protected].
• Do not share accounts across multiple people — each user gets their own.
• Do not use a shared institutional password across multiple staff accounts.

5. Acceptable use

AlonyoCloud exists to help schools. We ask that you don't use it to:

• Break any law, anywhere in the world.
• Store or transmit material that infringes someone else's intellectual property, privacy, or other rights.
• Upload material that is unlawful, harmful, defamatory, obscene, or exploitative of minors.
• Attempt to access accounts or data that aren't yours.
• Reverse-engineer, decompile, scrape, or overload our systems.
• Introduce malware, ransomware, or any other harmful code.
• Resell, sublicense, or commercially exploit the Services without a partnership agreement.
• Use the Services in a way that discriminates against any protected group.
• Use the Services to conduct unauthorized surveillance of students or staff.

6. Data ownership, processing, and student data

All data your School enters into AlonyoCloud remains yours. You grant us a limited, non-exclusive license to host, process, back up, and display that data solely so we can provide the Services — nothing more.

With respect to Student Data and other Personal Data processed on your behalf, your School is the data controller and AlonyoCloud is the data processor. The terms of that processing relationship are set out in our DPA, which forms part of these Terms.

The School is solely responsible for obtaining any parental consent or guardian authorization required for students to use the Services under applicable law, including under COPPA (US), GDPR-K (EU/UK), and Uganda's Data Protection and Privacy Act 2019. Additional terms regarding student data are set out in our Student Data Addendum.

When you cancel, you can export everything within 30 days. After that, we permanently delete Student Data and other Personal Data in accordance with the retention periods specified in the Privacy Policy and DPA.

7. Billing, cancellation, and refunds

Plans are billed in advance, monthly or annually, in the currency shown at checkout. Unless stated otherwise, subscriptions renew automatically unless cancelled before the renewal date.

• All prices exclude applicable taxes, which will be added where required.
• You may cancel any time — access continues until the end of the paid period.
• Refunds for partial months are not provided. Annual plans may be eligible for a 30-day money-back guarantee as stated at purchase.
• If we raise prices, we will notify you at least 30 days in advance. Continued use after the effective date constitutes acceptance.
• Failure to pay any amount due may result in suspension or termination of the Services after reasonable notice.

8. Intellectual property

AlonyoCloud and its licensors own all right, title, and interest in and to the Services, including all software, design, documentation, trademarks, and content we provide. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

Your School retains all rights to the data it uploads. You grant us the license described in Section 6 solely to operate the Services.

9. Third-party services

The Services rely on certain third-party providers to operate. Currently these include:

• Ultahost — cloud infrastructure and application hosting (EU Frankfurt).
• Brevo — transactional email delivery (verification codes, password resets, notifications).
• NeoSpace — mailbox hosting for [email protected].
• Cloudflare — DNS, network security, DDoS protection, content delivery, and email routing.
• Pesapal — payment processing for paid plans (mobile money, cards, bank transfers; Kenya/East Africa).

10. Availability and support

We work hard to keep the Services online, but we do not guarantee uninterrupted or error-free operation. Scheduled maintenance may occur during low-traffic windows, and we post planned maintenance at least 48 hours in advance on our status page.

Enterprise plans may include a formal service-level agreement (SLA) with uptime commitments. Contact us for details.

11. Warranty disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Services will meet your specific requirements, that they will operate without interruption, or that they will be free of errors or harmful components.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO SECTION 12(c) BELOW, THE TOTAL AGGREGATE LIABILITY OF ALONYOCLOUD, ITS DIRECTORS, EMPLOYEES, AND AGENTS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

(b) We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity, even if advised of the possibility of such damages.

(c) NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless AlonyoCloud, its directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your (or your School's) use of the Services in breach of these Terms.
• Any content, data, or materials you or your Authorized Users upload or transmit through the Services.
• Any claim by a parent, guardian, student, or third party arising from data you processed through the Services without adequate consent or legal basis.
• Your violation of any law, regulation, or third-party right.

14. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is marked as confidential or that a reasonable person would understand to be confidential, and to use it only for the purposes of these Terms. This obligation survives termination of these Terms for a period of five (5) years.

Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, that was independently developed, or that must be disclosed by law.

15. Copyright takedown (DMCA)

If you believe content on the Services infringes your copyright, please send a written notice to our designated copyright agent at:

• Email: [email protected]
• Physical address: Kampala, Uganda (full address to be published upon completion of registration)
• Designated agent: Attn: Copyright Agent

16. Termination and suspension

You may terminate these Terms at any time by cancelling your Account and ceasing to use the Services.

We may suspend or terminate your access to the Services if: (a) you breach these Terms; (b) your use creates a security risk or legal liability; (c) required by law; or (d) we decide to discontinue the Services with at least 30 days' notice.

Upon termination, your right to access the Services ceases. You may export your data within 30 days of termination, after which it will be permanently deleted in accordance with our Privacy Policy and DPA.

17. Changes to these terms

We may update these Terms from time to time. Material changes will be announced by email at least 30 days before they take effect. Continued use after that date means you accept the updated Terms. The version number and effective date at the top of this page will always reflect the current version.

18. Governing law and jurisdiction

These Terms and any dispute arising out of or relating to them are governed by the laws of the Republic of Uganda, without regard to its conflict-of-law principles.

Subject to Section 19 below, the courts of Kampala, Uganda shall have exclusive jurisdiction over any dispute, unless mandatory local consumer protection law requires otherwise.

19. Dispute resolution

Before initiating formal proceedings, both parties agree to attempt to resolve any dispute through good-faith negotiation. Notice of a dispute must be sent to [email protected] and to the School's registered email address.

If the dispute is not resolved within 30 days of that notice, either party may refer the matter to the courts specified in Section 18 or to such other dispute resolution mechanism as the parties may agree in writing.

20. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable. If it cannot be modified, it will be severed, and the remaining provisions will continue in full force and effect.

21. Entire agreement

These Terms, together with our Privacy Policy, DPA, Student Data Addendum, and any order form or plan-specific terms referenced at signup, constitute the entire agreement between you and us regarding the Services, and supersede all prior or contemporaneous understandings, whether written or oral.

You confirm that you have not relied on any statement, promise, or representation not expressly set out in these Terms or the companion documents.

22. Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. Any attempted assignment without such consent is void.

We may assign or transfer these Terms without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms.

23. Force majeure

Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, epidemics or pandemics, government actions, power or internet outages, or failures of third-party infrastructure (including our hosting, email, or payment providers).

The affected party shall notify the other promptly and use reasonable efforts to mitigate the effects of the force majeure event.

24. Third-party beneficiaries

These Terms are for the sole benefit of you and us. Nothing in these Terms confers any right, benefit, or remedy on any third party, including parents, students, or regulators, unless expressly stated in writing.

25. Notices

Formal notices under these Terms must be sent:

• To us: by email to [email protected], with a copy to Kampala, Uganda (full address to be published upon completion of registration).
• To you: by email to the address registered to your Account, or through the Services.

26. Language and translation

These Terms are written in English. If we provide translations, the English version prevails in case of any conflict or ambiguity.

27. Contact us

If you have questions about these Terms or the Services:

• General: [email protected]
• Legal: [email protected]
• Copyright: [email protected]
• Mail: Kampala, Uganda (full address to be published upon completion of registration)