Terms and Conditions
The rules and agreements that govern how schools, staff, students, and parents use the Study Point platform.
1. Introduction and Acceptance
Study Point ("Study Point", "we", "us", or "our") is operated by Study Point Ltd, a company registered in Kenya. These Terms and Conditions ("Terms") govern access to and use of the Study Point school management platform available at studypoint.app and any related mobile applications (collectively, the "Platform").
- By accessing or using the Platform, you agree to be bound by these Terms.
- If you are accepting these Terms on behalf of a school or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
- Minimum age: school administrators must be at least 18 years old. Student accounts are created and managed by authorized school administrators, not directly by students.
- These Terms constitute a legally binding agreement under the laws of Kenya.
2. Definitions
- Platform — the Study Point software-as-a-service application, including web, mobile, and API interfaces.
- School / Tenant — an educational institution that has registered for a Study Point account, with its own isolated data environment.
- Administrator — a user granted school-administrator or director-level access to configure and manage a School's account.
- Staff User — a teacher, head of department, finance officer, gate officer, transport coordinator, or other staff member with a Platform account.
- Student User — a student with a Platform account created by an Administrator.
- Parent User — a parent or guardian with a Platform account linked to one or more Student Users.
- Subscription — the paid plan under which a School accesses the Services after the Trial Period.
- Trial Period — the free evaluation period described in Section 4.
- Personal Data — any information relating to an identified or identifiable natural person, as defined under Kenya's Data Protection Act 2019.
- Student Data — Personal Data relating to a Student User, including academic, attendance, behavioral, health, and transport records.
- Services — the features and functionality made available through the Platform, including academic management, finance, transport, boarding, communications, and AI-assisted features.
- Content — any data, documents, images, or other material uploaded to or generated within the Platform by a School or its users.
- Third-Party Services — services provided by external parties that the Platform integrates with, as described in Section 10.
3. Account Registration and School Onboarding
- Schools register for the Platform by providing accurate, current, and complete information.
- Each School is provisioned with one primary Administrator account at onboarding.
- The School is responsible for all activity that occurs under its tenant, including actions taken by its Staff, Student, and Parent Users.
- Schools must notify Study Point immediately at [email protected] of any unauthorized access to or use of their account.
- Schools must maintain accurate school information (name, contact details, billing information) at all times.
- Study Point reserves the right to verify the legitimacy of a School before or after account activation, and may suspend accounts pending verification.
4. Subscription and Pricing
- Free trial: new Schools receive a Free Trial from their registration date, with access to all Platform features.
- After the trial: Subscription fees are KES 300 per actively enrolled student per academic term, or such other amount as may be updated from time to time in the Platform's billing settings.
- Billing cycle: Subscription fees are billed monthly, calculated on the 1st of each calendar month.
- Student count: billing is based on the number of actively enrolled students recorded in the Platform as at the billing date.
- Price changes: Study Point will provide at least 30 days' written notice before any price change takes effect.
- Hardware items (such as GPS trackers for the transport module) are billed separately as one-time charges, distinct from the recurring Subscription fee.
- Custom pricing is available for Schools with 1,000 or more enrolled students, subject to a separate written agreement.
- All prices stated are exclusive of applicable taxes, which will be added where required by law.
5. Payment Terms
- Accepted payment methods: M-Pesa (via the Safaricom Daraja API), Airtel Money, card payments via Stripe, and bank transfer.
- Payment is due within 14 days of invoice generation.
- Late payment: a grace period applies as configured by the School's Administrator (14 days by default).
- Dunning process: before any suspension, Study Point sends payment reminders via email, SMS, push notification, and in-app notification at intervals leading up to the grace period deadline.
- Suspension: failure to pay within the grace period results in suspension of portal access until payment is received.
- Reactivation occurs automatically upon payment confirmation — no manual intervention is required.
- Disputed charges must be raised in writing within 30 days of the invoice date.
- Refunds: Study Point does not offer refunds for partial months of service. Pro-rated refunds will be considered on a case-by-case basis for verified school closures or verified system failures attributable to Study Point.
- Payment processing: Study Point uses third-party payment processors. Payment credentials and transaction data are processed directly by Safaricom (M-Pesa), Stripe, or Airtel Money — Study Point does not store full payment card or mobile money credentials.
6. Acceptable Use Policy
Users of the Platform must not:
- Use the Platform for any unlawful purpose or in violation of the laws of Kenya;
- Upload content that is harmful, abusive, defamatory, or that violates any person's rights;
- Attempt to access another School's data or any unauthorized area of the Platform;
- Reverse engineer, decompile, or attempt to extract the source code of the Platform;
- Use the Platform to send spam, phishing messages, or other unsolicited communications;
- Share login credentials with unauthorized persons;
- Scrape, crawl, or systematically extract data from the Platform;
- Impersonate Study Point staff or any other user;
- Upload malware, viruses, or other harmful code;
- Use the AI features to generate harmful, illegal, or inappropriate content; or
- Circumvent security measures or rate limits.
Schools are responsible for ensuring their Staff Users, Student Users, and Parent Users comply with this Acceptable Use Policy.
7. Student Data and Child Protection
This section governs the handling of Student Data and is central to our relationship with every School we serve.
Roles under the Data Protection Act 2019
Study Point processes Student Data as a Data Processor under Kenya's Data Protection Act 2019. The School acts as the Data Controller for Student Data — the School determines why and how Student Data is used, and Study Point processes it only on the School's instructions and solely to provide the Services.
What we collect
Student Data collected through the Platform may include: name, date of birth, grade level, attendance records, exam results, limited health information, behavioral records, and transport records.
How Student Data is used and protected
- Student Data is never sold, shared with third parties for commercial purposes, or used for advertising.
- Student Data is used solely to provide the educational management Services to the School.
- Each School's data is isolated in a separate database schema — there is no cross-school data access.
- AI features: student interactions with the AI Tutor are not permanently stored. Only anonymized performance metrics (such as scores and session duration) are retained for the purpose of improving the Platform.
Parent rights
Parents have the right to:
- Access their child's Student Data held on the Platform;
- Request corrections to inaccurate Student Data; and
- Request deletion of their child's Student Data upon the child's withdrawal from the School.
Retention, closure, and transfers
- Student Data is retained for 7 years after a student's last active enrollment, in line with Kenya education records requirements, and is then securely deleted.
- Upon a School's subscription termination, the School has 30 days to export its data before deletion.
- Student Data is stored on servers located in Africa (primary) and the EU (backup). EU storage complies with GDPR adequacy standards.
- In the event of a data breach, Study Point will notify affected Schools within 72 hours of discovering the breach, as required by the Kenya Data Protection Act.
8. Data Protection and Privacy
- Study Point is committed to compliance with Kenya's Data Protection Act 2019.
- Our Data Protection Officer can be reached at [email protected].
- Types of data collected: registration data, usage data, payment data (tokenized only), device data, and communication logs.
- Data security measures include AES-256 encryption at rest, TLS 1.3 encryption in transit, regular security audits, and periodic penetration testing.
- Cookies: the Platform uses session cookies for authentication purposes only — we do not use tracking or advertising cookies.
- Third-party processors include Anthropic (AI features), Safaricom (M-Pesa), Stripe (payments), Resend and Brevo (email), Africa's Talking (SMS), and Cloudflare (content delivery and security). Each third-party processor is bound by a data processing agreement with Study Point.
- A full description of our data practices is available in our Privacy Policy.
9. Intellectual Property
- The Study Point platform, its underlying code, design, trademarks, and content are owned by Study Point Ltd.
- Schools retain full ownership of their own data, including student records and financial data.
- Schools grant Study Point a limited license to process their data solely to provide the Services.
- AI-generated content (such as report comments, lesson summaries, and quiz questions) — Schools own the output, but Study Point retains ownership of the underlying model and generation process.
- Schools may not: copy the Platform, create competing products based on Study Point, or use Study Point's branding without prior written permission.
- Feedback submitted by Schools may be used by Study Point to improve the Platform without compensation.
10. Third-Party Services and Integrations
- The Platform integrates with M-Pesa (Safaricom), Airtel Money, Stripe, the WhatsApp Business API, Africa's Talking, Anthropic Claude AI, Google (maps and fonts), and Cloudflare.
- These integrations are subject to their own respective terms of service.
- Study Point is not responsible for outages or failures of any Third-Party Service.
- The M-Pesa integration is subject to Safaricom's terms; Study Point is not itself a payment service provider.
- AI features are powered by Anthropic and are subject to Anthropic's usage policies. Schools must not use AI features to generate harmful content.
11. Service Availability and SLA
- Study Point targets 99.9% uptime, approximately 8.7 hours of downtime per year.
- Scheduled maintenance takes place on Sundays, 2:00 AM – 4:00 AM EAT, with 48 hours' advance notice.
- Unplanned outages will be communicated via our status page and by email.
- Uptime is calculated monthly, excluding scheduled maintenance windows.
- For extended unscheduled outages exceeding 4 hours, Study Point will apply a service credit of equivalent days added to the affected School's subscription.
- Force majeure: Study Point is not liable for outages caused by internet infrastructure failures, natural disasters, government actions, or failures of third-party providers.
12. Limitation of Liability
- Study Point's total liability arising out of or relating to these Terms shall not exceed the amount paid by the School in the 3 months preceding the claim.
- Study Point is not liable for indirect, incidental, or consequential damages; loss of data (though we maintain regular backups); loss of revenue; or decisions made based on Platform data.
- Study Point does not guarantee that AI-generated content (such as report comments or predictive risk scores) is accurate — human review is always required before such content affects a student's record.
- Schools are solely responsible for the accuracy of the data they enter into the Platform.
- Study Point is not liable for any harm arising from unauthorized access to a School's account where the School failed to maintain adequate password security.
13. Indemnification
Schools agree to indemnify and hold harmless Study Point Ltd, its officers, employees, and agents from any claims arising from: violation of these Terms, misuse of the Platform, violation of any third party's rights, or inaccurate data entered by the School.
14. Termination
- Schools may terminate their Subscription at any time via the Platform's settings or by written notice.
- Study Point may terminate a School's account immediately for: material breach of these Terms, non-payment beyond the grace period, harmful or illegal use of the Platform, or school closure.
- Upon termination, the School has a 30-day data export period, after which its data will be deleted.
- Study Point may suspend (rather than terminate) an account for payment issues — full termination for non-payment occurs only after 90 days of continued non-payment.
- Sections 7 (Student Data and Child Protection), 8 (Data Protection and Privacy), 9 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Governing Law and Dispute Resolution) survive termination of these Terms.
15. Modifications to Terms
- Study Point reserves the right to modify these Terms at any time.
- Material changes will be notified at least 30 days in advance, via email and an in-platform notification.
- Minor changes will be notified at least 7 days in advance.
- Continued use of the Platform after the notice period constitutes acceptance of the new Terms.
- Schools that disagree with a change may terminate their Subscription before the effective date without penalty.
16. Governing Law and Dispute Resolution
- These Terms are governed by the laws of Kenya.
- Disputes will first be addressed through good-faith negotiation for a period of 30 days.
- Unresolved disputes will be submitted to mediation under the rules of the Nairobi Centre for International Arbitration (NCIA).
- If mediation fails, disputes will be resolved by arbitration before a single arbitrator, seated in Nairobi, Kenya, conducted in English, with the arbitrator's decision being final and binding.
- Nothing in these Terms prevents either party from seeking urgent injunctive relief from the courts of Kenya.
- Disputes will be resolved individually — this section includes a class action waiver.
17. Miscellaneous
- Entire agreement: these Terms, our Privacy Policy, and any applicable Data Processing Agreement constitute the entire agreement between the parties.
- Severability: if any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
- Waiver: failure to enforce any provision is not a waiver of the right to enforce it in the future.
- Assignment: Study Point may assign these Terms in connection with a merger or acquisition. Schools may not assign these Terms without Study Point's prior written consent.
- Notices: legal notices to Study Point should be sent to [email protected]; notices to a School will be sent to its registered Administrator email address.
- Language: English is the governing language of these Terms.
18. Contact and Legal Notices
Study Point Ltd
Nairobi, Kenya
- [email protected]
- [email protected]
- studypoint.app
- Data Protection Officer: [email protected]