Terms and Conditions

These Terms and Conditions govern access to and use of CBE Analytics, an education management and assessment platform operated by PATRICK MAINA TECHNOLOGY SOLUTIONS ("CBE Analytics", "we", "us", or "our").

By subscribing to, accessing or using CBE Analytics, the subscribing school and its authorised users agree to comply with these Terms.

CBE Analytics provides software tools intended to assist schools with learner management, competency-based assessment, academic reporting, attendance, communication, fee management and other administrative activities.

Features may vary depending on the school's subscription, configuration and the version of the platform available at a particular time.

A subscribing school is responsible for maintaining accurate information about the institution and for ensuring that only authorised persons receive access to its CBE Analytics account.

The school is responsible for activities performed through its account and should promptly disable or remove access for users who are no longer authorised.

CBE Analytics may provide different roles and permissions, including administrators, facilitators, parents, marketers and other authorised users.

Users must only access information necessary for their assigned responsibilities and must not attempt to bypass access controls or access information belonging to another school or user.

The school retains responsibility and control over the information it enters into CBE Analytics, subject to the rights and obligations contained in these Terms and applicable law.

The school grants CBE Analytics the limited right to host, process, transmit, store and otherwise handle school data only to the extent reasonably necessary to provide, secure and maintain the services.

CBE Analytics does not sell school data or use learner information for unrelated commercial advertising.

The school agrees to:

• Provide accurate and appropriate information to the platform.
• Ensure it has the necessary authority and lawful basis to process personal data.
• Ensure appropriate parental or guardian authority is obtained where required for learner data.
• Configure user roles and permissions appropriately.
• Protect administrator and user credentials.
• Promptly remove access belonging to former staff or users.
• Use the platform in accordance with applicable laws and regulations.
• Notify CBE Analytics of suspected unauthorised access or security incidents affecting the platform.

Users must not:

• Attempt to gain unauthorised access to the platform.
• Access another school's data without authorisation.
• Attempt to bypass security or access controls.
• Introduce malicious code or harmful software.
• Abuse, disrupt or overload the service.
• Use the platform for unlawful purposes.
• Share credentials with unauthorised persons.
• Use information obtained through the platform for unrelated purposes.
• Reverse engineer or attempt to extract the source code except where permitted by law.

Access to paid features is subject to the subscription and fees agreed between the school and CBE Analytics.

Subscription periods, renewal terms, SMS charges and other applicable charges may be communicated through invoices, quotations, account notices or other agreed commercial documents.

Failure to renew a subscription may result in suspension or termination of access.

Where a school's subscription expires, CBE Analytics may retain the school's account and associated information for up to two months after the expiry of the active subscription period.

If the school does not renew or reactivate within that period, CBE Analytics may permanently delete the school's account and associated data, subject to applicable legal retention requirements.

Once the account has been permanently deleted, a school that returns to CBE Analytics will generally be onboarded as a new institution and previously deleted data will not be restored.

We aim to provide a reliable service but do not guarantee that CBE Analytics will be available without interruption.

The platform may occasionally be unavailable because of scheduled maintenance, upgrades, infrastructure failures, security incidents, third-party service failures, internet connectivity problems or circumstances outside our reasonable control.

CBE Analytics may maintain backups to support service continuity, recovery and security.

Backups are not intended to replace a school's responsibility to maintain appropriate records or exports where required for its own operational needs.

CBE Analytics, including its software, interface, branding, documentation, designs, workflows and underlying technology, is owned by or licensed to PATRICK MAINA TECHNOLOGY SOLUTIONS and is protected by applicable intellectual property laws.

A school receives a limited, non-exclusive and non-transferable right to use the service during its active subscription.

These Terms do not transfer ownership of the CBE Analytics platform or its underlying technology to a school.

Each party should protect confidential information received from the other party and should not disclose it except where necessary to provide the service, comply with law, protect legitimate interests, or where disclosure is otherwise authorised.

Personal data processed through CBE Analytics is handled in accordance with our Privacy Policy and applicable Kenyan data protection requirements.

Where CBE Analytics processes school-controlled personal data as a processor, the school and CBE Analytics may enter into additional data-processing terms where required.

CBE Analytics may rely on third-party infrastructure and service providers to operate certain functions of the platform.

Availability or functionality of a particular feature may depend on the availability of the relevant third-party service.

Where SMS functionality is enabled, messages may be transmitted through an external SMS delivery provider.

Schools are responsible for ensuring that messages sent through CBE Analytics are appropriate, lawful and relevant to the intended recipients.

To the maximum extent permitted by applicable law, CBE Analytics will not be responsible for losses caused by circumstances beyond its reasonable control, including third-party infrastructure failures, internet outages, inaccurate information supplied by a school, misuse of user credentials, or unauthorised actions by school personnel.

Nothing in these Terms excludes liability that cannot lawfully be excluded or limited under applicable law.

CBE Analytics may suspend or restrict access where reasonably necessary to protect the platform, users, school data or other legitimate interests, or where the school materially breaches these Terms.

Where reasonably practicable, we will provide notice and an opportunity to address the issue before suspension, except where immediate action is necessary for security, legal or operational reasons.

We may modify, improve, add or remove features from CBE Analytics from time to time in order to improve the service, maintain security, comply with legal requirements or respond to technical developments.

We may update these Terms from time to time. Where changes are material, we will take reasonable steps to notify affected customers.

These Terms are governed by the laws of the Republic of Kenya, subject to any mandatory legal rights or remedies applicable to the parties.