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Terms of Service

Kytabu Software Suite Terms of Service

Effective Date of Last Update: January 15, 2020

Or go to our Terms of Service for Enterprise.

Kytabu Company Limited. (“Kytabu,” “we,” or “us”) provides, through this website, our mobile apps, SuperSchool management system and For U desktop client (collectively called the “Site”), the ability to access online learning experiences using online educational content (“Content”), tools and the other features, functionalities and services we make available as part of the Kytabu Suite (collectively, the “Software Suite”). The following terms of service (these “terms”) apply to any access or use of the Kytabu Suite or the Software Suite. Please read them carefully.

  1. Agreeing to these terms

The Kytabu Suite and Software Suite is intended only for users aged 7 and over. By accessing the Kytabu Suite, or using any of the Software Suite, you represent that you either (i) have the legal capacity to form a binding contract (in many places, this is 18 years old) and agree to be bound by these terms or (ii) where you do not have legal capacity to form a binding contract, that your parent, guardian or teacher has agreed to these terms on your behalf. These terms together with our Privacy Policy governs our relationship with users in relation to the Software Suite and constitute a binding legal agreement. Notwithstanding the foregoing, where the Software Suite is distributed to your institution, Kytabu may enter into an agreement directly with your institution, the terms of which may deviate from and supersede these terms. If you disagree with any part of the terms or our Privacy Policy, do not access the Kytabu Suite or use the Software Suite.

If you are under 13 years of age, please do not send any information about yourself to us or through the Kytabu Suite, including your name, address, telephone number or e-mail address. In the event that we learn that we have collected personal information from a child, we will delete that information and otherwise comply with the requirements of the Kenya Data Protection Act and applicable law. If you believe that we might have any information from or about your child, please contact us at support@Kytabu.com.

  1. Access & Registration

Access to the Software Suite may be made available to you via any of the following means:

  • The Software Suite may be integrated with your institution’s learning management system (LMS) in which case you may be given access through a single sign-on (SSO) process.
  • An institution, educator, or administrator may provide you with a URL that takes you directly to the Software Suite.
  • If you purchase the Software Suite from a third party vendor, they may provide you with a URL that takes you directly to the Software Suite.
  • You may access the Software Suite directly via this Kytabu Suite.

Regardless of how you access the Software Suite, you must create a user account with Kytabu (a “Kytabu Account”) in order to use the Software Suite. When you create a Kytabu Account, we will ask for your name, phone number, and email and for you to select a user name (which may be your email address or a phone number) and password for the Kytabu Account. You may be able to sign up through a third-party account (such as your Google account) where you may permit certain information about you to be sent to us in order to create your Kytabu Account. You

  • are responsible for protecting the confidentiality of the user name and password for your Kytabu Account, and for all activities that occur under your Kytabu Account,
  • shall not permit others to use your Kytabu Account and
  • shall not use any other user’s Kytabu Account.

You must immediately notify us (by email to support@kytabu.com) upon becoming aware of any loss, compromise, or unauthorized use of your user name or password or any other breach of security relating to your Kytabu Account.

Upon creating a Kytabu Account, Kytabu grants you a revocable, non-exclusive, non-transferable right to access and use those portions of the Software Suite that Kytabu makes available to you during the applicable Subscription Period (as defined below) through a generally available web browser, mobile device or Kytabu authorized desktop or mobile application solely for personal, educational and related administrative use, in accordance with these terms unless any additional use is expressly permitted by Kytabu in writing. You may not transfer the foregoing rights, and any attempt to do so shall cause such rights to automatically terminate.

You may delete your Kytabu Account at any time via the Kytabu Suite. In the event that you delete your Kytabu Account, Kytabu will delete or de-identify your personally identifiable information such as your username and email from our systems. You understand and agree that in some cases, we will need to seek the approval of the Educators (as defined below) at your institution prior to deleting or de-identifying certain information such as textbook data from our systems and may retain and continue to provide your Educators with access to such information for up to 120 days following a Kytabu Account deletion request. If you wish to access or use the Software Suite following the deletion of your Kytabu Account, you will be required to re-register with Kytabu and create a new Kytabu Account.

Kytabu is a global organization based in The Republic of Kenya. Depending on your geographic location, Kytabu may transfer, process and store your Kytabu Account information to our secure cloud-based service provider based in South Africa. The Software Suite is not intended for non-African residents nor is it targeted to non-African residents. Residents of other continents seeking to create an account in another location should contact support@kytabu.com.

  1. FLF Courses

The Software Suite is comprised of certain courses or groups of Content and associated materials known as Fun Learn Factory courses (“FLF Courses”). In order to access FLF Courses, you must (i) purchase or be provided a unique online access code to the FLF Course (each, an “Access Code”) directly from Kytabu, from your institution, or another third-party vendor (ii) purchase an FLF Course directly from Kytabu via the Kytabu Suite in which case the Access Code will automatically be generated and activated, or (iii) be provided Courtesy Access (as defined below) to the FLF Course by Kytabu.

  1. Subscriptions & Termination

Each Access Code relates to a subscription granted by Kytabu to you to access and use the applicable FLF Course (each, a “Subscription”) during the Subscription Period (as defined below) subject to these terms. Kytabu offers various Subscription plans to each FLF Course. The Subscription commences on either (i) the day the Subscription is activated or (ii) if you requested and were granted Courtesy Access and subsequently purchase a Subscription, the day you were provided Courtesy Access, and in each case, it continues for the period relevant to that Subscription plan (i.e. a day, week, month or term) (the “Subscription Period”).

The month-to-month subscription plan gives you full access to the FLF Course and the Software Suite during each month that your subscription is active. The month-to-month subscription plan does not automatically renew each month.

The academic term Subscription plan gives you full access to the FLF Courses and the Software Suite during the applicable academic term that you have enrolled in the course in which the FLF Course is intended for your use (as determined by your institution or guardian).

Kytabu, at its sole discretion, may grant you a limited subscription to access and use the applicable FLF Course prior to payment of a subscription fee for a continuous 14-day period (“Courtesy Access”). Courtesy Access is not available for month-to-month Subscription plans. Such Courtesy Access period begins on the day you request Courtesy Access from Kytabu. If you would like to continue your access to the applicable FLF Course following the Courtesy Access period, you must purchase a subscription to the applicable FLF Course. You may not request, and Kytabu will not grant, Courtesy Access more than once for any individual FLF Course.

The applicable Subscription, and thus your access to the related FLF Course: (a) will automatically terminate at either (1) the end of the Subscription Period or (2) the end of any Courtesy Access period (if applicable) if you choose not to purchase and activate the Subscription; or (b) will terminate at the end of the current Subscription Period of any month-to-month Subscription plan when you cancel the Subscription via the Kytabu Suite. Kytabu may otherwise terminate the account of any user and/or access to any portion of the Software Suite or any FLF Course as specified in these terms. Upon termination or deletion of your Kytabu Account, you will lose access to the Software Suite and all FLF Courses. Any provision of these terms, which by its nature or express terms should survive, will survive any such termination or expiration.

  1. Fees & Refunds

Each Subscription has an associated fee as provided, vendor from which you purchase the Subscription. You are responsible for paying such fees and all applicable taxes, government fees and administrative fees (such as mobile money, debit/credit card fees) associated with the purchase of any Subscription. Fees are quoted in Kenyan Shillings.

All sales via this Kytabu Suite or directly from Kytabu and all fees for Subscriptions paid to Kytabu are final and nonrefundable. Content purchased by you directly from your institution are subject to the refund policy of that institution and may be impacted to the extent that you have activated or used the applicable content.

Kytabu may change the fees for Subscriptions purchased via the Kytabu Suite from time to time and will communicate any fee changes to you in advance and, if applicable, how to accept those changes. Fee changes for Subscriptions may take effect as soon as the start of the next Subscription Period following the date of the fee change. As permitted by local law, you accept the new price by continuing to use the Software Suite after the fee change takes effect. If you do not agree with the fee change, you have the right to reject the change by canceling your Subscription via the Kytabu Suite prior to the fee change going into effect. Please, therefore, make sure you read any such notification of fee changes carefully.

  1. Changes to Software Suite

We are continuously changing and/or updating the Software Suite to improve the end-user experience. Accordingly, we may add or remove functions, features or Content from the Software Suite at any time. We will make reasonable efforts to notify you and/or provide you with alternative functions, features or Content in the event of any material change and/or update to the Software Suite.

  1. Kytabu proprietary materials

We are working towards our technology allowing us to personalize online education for our users by causing the presentation and focus of the course materials to adapt based on the user’s needs and how they learn best, and also by providing analytic reporting to help track the user’s progress. This technology is key to taking full advantage of the Software Suite.

The Software Suite, our mobile apps and technology and any other items (including Content) made available through the Software Suite (collectively, “Kytabu Proprietary Materials”) are the intellectual property of Kytabu or our licensors. Except as may be expressly permitted elsewhere in these terms, you shall not copy, distribute, transmit, sell, rent, loan, lease, sublicense, modify, translate, prepare derivative works of, reverse engineer, decompile, disassemble or remove any proprietary notices, labels, or marks from any of the Kytabu Proprietary Materials.

We also appreciate your feedback or other suggestions about the Software Suite and may solicit feedback from you directly through our mobile apps. You understand that we may use this feedback without restriction or any obligation to compensate you for them (just as you have no obligation to offer them).

  1. Content licenses

The Content and certain trademarks accessible though the Software Suite are owned by or licensed to Kytabu and are subject to copyright and other intellectual property rights under the law.

Certain Content includes attribution to a Creative Commons license. Please refer to the Creative Commons website at creativecommons.org for descriptions of the applicable license types. Content available through the Software Suite licensed under a Creative Commons license may be accessed, viewed and interacted with by you through the functionality provided by the Software Suite and in accordance with these terms, and may only be used by you outside of the Software Suite as provided under the applicable Creative Commons license.

All other Content includes attribution to a “Kytabu Standard License” or another third party license. Where Content is licensed under “Kytabu Standard License,” such Content may only be accessed, viewed, and interacted with by you through the functionality provided by the Software Suite and in accordance with these terms. Where Content is licensed under a third party license, such Content may only be accessed, viewed and interacted with by you through the functionality provided by the Software Suite and in accordance with these terms, and may only be used by you outside of the Software Suite if and as provided for under the applicable third party license. You agree not to download, reproduce or otherwise copy (including by scraping, spidering, crawling, etc.) any of this Content unless expressly permitted by the functionality of the Software Suite or the prior written consent of Kytabu or the respective licensors of this Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Software Suite that prevent or restrict use or copying of any Content or enforce limitations on use of the Software Suite or the Content.

  1. User-provided content

Please read this section carefully before posting, uploading, or otherwise submitting any User Content to the Kytabu Suite.

The Software Suite enables Educators to submit content (including, without limitation, any textual, graphic, audio or video content) to the Kytabu Suite and make available for users within the Software Suite (“Teachers Portal”) and users to submit postings and feedback through email and other forms of messaging available as part of the Kytabu Suite (“User Feedback,” and together with Educator Content, “User Content”). We have no obligation to accept any User Content from a user or anyone else. At any time, at our discretion and with or without notice, we may remove any item of Teachers Portal from the Software Suite.

When you submit Educator Content, you hereby grant (i) Kytabu a revocable, non-exclusive, worldwide, paid-up, royalty-free, transferable and assignable license, with the right to grant sublicenses to users, to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed, promote and otherwise fully exploit such Educator Content in any form, in all media now known or hereinafter created, for educational purposes in connection with the Software Suite and Kytabu’s (and its successors’ and affiliates’) business and (ii) each other user a revocable, non-exclusive worldwide, paid-up, royalty-free, license to access use, reproduce, display, perform, adapt, modify and distribute such Educator Content as permitted through the functionality of the Software Suite and under these terms. If you submit Educator Content, you represent and warrant that: (i) you have sufficient rights to grant the license that you choose for a given item of Educator Content and (ii) no additional permissions, clearances or licenses are required with respect to any third party content, names, and likenesses or other items that may be included in such item of Educator Content.

Where you submit Educator Content, you are solely responsible for all such Educator Content. We have no obligation to preview, screen or monitor any Educator Content that may be submitted by any user. We do not guarantee the accuracy, integrity, quality, appropriateness or intellectual property rights of or relating to any Educator Content. Under no circumstances will we be liable to you in any way for any Educator Content, including, but not limited to, for any errors or omissions in any Educator Content, or for any loss or damage of any kind incurred as a result of your use of or reliance on any Educator Content accessed, posted or otherwise transmitted via the Kytabu Suite.

The license granted by you in the Educator Content you submit will terminate within a commercially reasonable time after you remove or delete your Educator Content from the Software Suite. You understand and agree, however, that it may not be possible to completely delete all Educator Content from our databases and that Kytabu may retain (but not display, distribute, or perform) server copies of your Educator Content that have removed or deleted from the Software Suite.

We also appreciate User Feedback and may solicit User Feedback from you directly through the Software Suite. You understand that we may use User Feedback without restriction or any obligation to compensate you for them (just as you have no obligation to offer them).

  1. User conduct and user content guidelines

As a condition of use, you promise not to use the Software Suite for any purpose that is unlawful or prohibited by these terms, or any other purpose not reasonably intended by Kytabu. By way of example, and not as a limitation, each user agrees not to use the Software Suite in any manner that could: (i) damage, impair, disable or overburden the Software Suite, (ii) in any way interfere with our rights or with any other user’s use and enjoyment of the Software Suite, (iii) be for any illegal purpose, or in violation of any national, or international law, or (iv) otherwise infringe on any person’s rights. Kytabu may restrict, suspend or terminate your account if you abuse or misuse the Software Suite. To the extent interactions with other users of the Software Suite is permitted, you are solely responsible for your interactions with other users of the Software Suite. We are not responsible for any damage or harm resulting from interactions between or among users of the Software Suite.

You agree not to submit any User Content that:

  • infringes the copyright, trademark, or other intellectual property rights of any person;
  • is defamatory;
  • contains nudity or sexually explicit content, or is otherwise obscene;
  • may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
  • depicts or advocates the use of illicit drugs;
  • makes use of offensive language or images;
  • characterizes violence as acceptable, glamorous or desirable; or
  • contains any advertisement for third party goods or services or provides a link to any other website, except where our content submission tools expressly allow for User Content to be embedded from a third party Kytabu Suite, and then only as necessary to allow such User Content to be accessed through the Software Suite.
  • We may, in our sole and absolute discretion on a case-by-case basis, waive compliance with the guidelines listed above (for example, where User Content is a lesson about a literary work that in itself does not comply with the foregoing guidelines).

We have the right to suspend, restrict or terminate your use of the Software Suite and to refuse any future use of the Software Suite (or any portion of the Software Suite) if Kytabu has reason to believe that you are responsible for User Content that we deem violates the foregoing guidelines. It is your responsibility to create a copy of all User Content submitted through your account prior to termination. Upon termination of a Kytabu Account, Kytabu may automatically remove all User Content posted to that account. We encourage you to maintain a separate copy of any User Content you upload to the Kytabu Suite since Kytabu is not intended to be a data storage service.

  1. Usage data & learning history

In order for you, your teacher and your institution to use and fully benefit from the Software Suite, Kytabu needs to receive and store information from you regarding your interactions and performance when interacting with the Software Suite (“Usage Data”). This Usage Data is automatically collected, stored, used and shared by Kytabu to deliver the Software Suite, and may include, but is not limited to, descriptions of Content and problems you have viewed and attempted, problems you have answered correctly or incorrectly, the amount of time spent viewing Content, your scores of quizzes and tests, etc. By using the Software Suite, you are agreeing to share this Usage Data with your teacher and your institution.

As part of our relationship with you, Kytabu will also create and maintain a personalized learning history based on your Usage Data and personal identifiers you have provided to us when creating your Kytabu Account in order to deliver the Software Suite. Usage Data without personal identifiers (i.e. de-identified data) may also be used by Kytabu to improve and inform our adaptive learning technologies, including troubleshooting, data analysis, testing and research, and maintenance and debugging purposes, all in accordance with applicable laws and our Privacy Policy.

By using the Software Suite you hereby consent to our collection, storage, use and sharing of Usage Data as described in these terms and in accordance with our Privacy Policy.

  1. Special terms for educators

The terms in this Section are only applicable to users who are instructors, administrators, faculty members or other authorized personnel of your school or other institution (collectively, “Educators”) that are accessing the Software Suite. If you are an Educator, you must also create a Kytabu Account in order to access and use the Software Suite. Upon creating a Kytabu Account, Kytabu will grant you access (either directly or through your institution) to the FLF Courses being used by your students, which access will terminate at the end of the applicable academic term in which the FLF Course is intended for use by your students. You may also have access to additional content, features, functionalities, services and portions of our Kytabu Suite or the Software Suite that are not otherwise accessible to student users, which may include information about individual student users, during the same period in which you have access to the related FLF Course (subject to our obligation to retain personally identifiable information under applicable privacy laws). You agree that you will access and use such information and the Software Suite solely to the extent necessary for you to perform your services as an Educator at your institution and will not disclose such information except in connection with the foregoing or as otherwise permitted herein, or as permitted in a separate agreement between Kytabu and your institution. Where Kytabu does not have an agreement directly with your institution, you acknowledge that you are notifying your institution of these terms and accepting them on your institution’s behalf.

  1. Links

The Kytabu Suite (including the Software Suite) may include, or third parties may provide, links to other websites or resources that are not owned or controlled by Kytabu and over which Kytabu has no control. Because Kytabu has no control over such Kytabu Suites and resources, you acknowledge and agree that Kytabu is not responsible for the availability of such external Kytabu Suites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Kytabu Suites or resources. Accordingly, we encourage users to be aware when they leave the Software Suite and to read the terms and conditions and privacy policy of each other third party website a user visits. You further acknowledge and agree that Kytabu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Kytabu Suite or resource.

  1. Disclaimers

Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result, the contents of this section may not apply to you. The software suite (including the content) are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, Kytabu expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose and non-infringement, all with regards to your use of the software suite (including the content). Any use of the software suite (including the content) is at your sole risk.

Without limiting the foregoing, Kytabu does not warrant that (i) the software suite will meet any particular requirements, (ii) the software suite will be uninterrupted, timely, secure, invulnerable to cheating, or error-free, (iii) the results that may be obtained from the use of the software suite will be accurate or reliable, (iv) the quality of any content, services or other items obtained through the software suite will meet your or any user’s expectations, or (v) any errors in any data or software will be corrected. Kytabu is in no way responsible or liable for any grade or assessment, whether correct or incorrect, that you may receive through or otherwise related to your interaction with the software suite.

  1. Limitation of liability

Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result, the contents of this section may not apply to you. Kytabu will not be liable for any indirect, incidental, special, consequential or exemplary damages (even if Kytabu has been advised of the possibility of such damages), arising from or related to these terms and/or the software suite. In no event will Kytabu’s aggregate, cumulative liability to you arising from or relating to these terms and/or the software suite exceed the amounts you have paid to access the software suite (if any) during the twelve (12) months preceding the date on which a claim first arises. To the extent that any of the exclusions or limitations of liability set forth in this Section are not permitted under applicable law, then such exclusions and limitations shall apply to the fullest extent permitted under applicable law.

You agree that you will not participate in a class action or class-wide litigation for any claims covered by these terms or associated with the Software Suite. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another user’s use of the Software Suite.

  1. Indemnification

You agree to indemnify, defend and hold harmless Kytabu, its officers, directors, employees, agents, service providers, vendors and customers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees resulting from any violation of these terms by you.

  1. Changes to these terms

We reserve the right to make changes to these terms by posting such changes on the Kytabu Suite or through the Software Suite or notifying you directly using the contact information in your Kytabu Account. Any such posted changes will be effective upon the date indicated by the posting, but in any event no sooner than 14 days after posting. You shall be responsible for reviewing and becoming familiar with any such changes. Your (or any other user for whom you are agreeing to these terms) continued use of the Software Suite or viewing any Content following notification of any changes to these terms shall constitute acceptance of the terms as modified. If you do not want to agree to such changes to these terms or are otherwise dissatisfied with the Software Suite or these terms, you may terminate these terms at any time by deleting your Kytabu Account and discontinuing the use of the Software Suite.

  1. Notice

Kytabu may communicate any notices to users, including notices of changes to these terms, through e-mail, regular mail or by posting of those notices on the Kytabu Suite or through the Software Suite. You may contact us here, or via mail or courier at: Kytabu, Inc. ATTN: Legal Department, 3rd Floor, Geroge Padmore Ridge, George Padmore Road.

  1. Governing law and venue

You agree that: (i) the Software Suite shall be deemed solely based in The Republic of Kenya; and (ii) the Software Suite shall be deemed a passive website that does not give rise to personal jurisdiction over Kytabu, either specific or general, in jurisdictions other than The Republic of Kenya. These terms and the relationship between you and Kytabu shall be governed by the laws of The Republic of Kenya without regard to its conflicts of law provisions. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or relating to the use of the Software Suite or these terms must be filed within 1 year after such claim or cause of action arose or be forever barred. You further consent and agree that the courts of The Republic of Kenya are the exclusive forum for litigation of any claim or cause of action arising out of or relating to the use of the Software Suite or these terms.

  1. Copyright complaints

Kytabu respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content provided on the Kytabu Suite or included in the Software Suite infringes the copyright or other intellectual property rights (“Infringement”) of any person. If you believe any Content provided on the Kytabu Suite or included in the Software Suite infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Kytabu Suite;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Kytabu will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating user accounts and access to the Kytabu Suite. If you are uncertain whether an activity constitutes Infringement, we recommended seeking the advice of an advocate.

To contact us please write to: Kytabu, Email: support@kytabu.com or call +254700682682.

  1. Miscellaneous

Any failure by Kytabu to exercise any rights or enforce any of these terms shall not constitute a waiver of such rights or terms. If any provision of these terms or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these terms, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. Any assignment attempted to be made in violation of these terms shall be null and void. These terms do not confer any third-party beneficiary rights.

 

 

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