Terms of Service

• Platform — the Cynk Analytics software, websites and related services.
• School — the institution that subscribes to the Platform.
• Authorised User — an administrator, teacher or staff member granted access by the School.
• School Data — all data entered into or generated by the Platform on behalf of the School, including student, staff, examination and timetable records.

Cynk grants the School a non-exclusive, non-transferable right to access and use the Platform for its internal educational administration for the duration of its subscription. Cynk may enhance, modify or discontinue individual features, and will give reasonable notice of changes that materially reduce core functionality.

The School is responsible for creating accounts for Authorised Users, assigning appropriate roles, and revoking access promptly when a staff member leaves. Credentials must not be shared. The School must notify Cynk immediately of any suspected unauthorised access.

Authorised Users must not:

• Access records they are not authorised to view.
• Extract, publish or share student data outside the School's lawful purposes.
• Upload malicious code or attempt to breach, probe or overload the Platform.
• Reverse engineer, copy or resell the Platform or any part of it.
• Use the Platform for any unlawful, harmful or discriminatory purpose.

Cynk may suspend access where it reasonably believes these rules are being breached or where continued access threatens the security of the Platform or of learner data.

The School retains full ownership of all School Data. Cynk claims no ownership rights over it and processes it only as described in the Privacy Policy and on the School's instructions. Cynk may use aggregated, fully anonymised statistics that cannot identify any school, learner or member of staff to improve the Platform.

The School warrants that it has the legal authority and, where required, the necessary consents or notifications to collect and process the personal data it enters into the Platform, including data relating to children. The School is responsible for the accuracy of records it enters and for responding to data subject requests, with our support.

Subscription fees, billing cycle and any onboarding charges are as agreed in writing with the School. Fees are payable in advance unless otherwise agreed. Cynk may suspend access to accounts materially in arrears after written notice, and will give at least thirty (30) days' notice of any price change taking effect at the next renewal.

Cynk aims to keep the Platform available at all times but does not warrant uninterrupted service. Planned maintenance will, wherever practical, be scheduled outside school hours and notified in advance. Support is provided during normal working hours by email, phone and WhatsApp.

Cynk performs regular backups of School Data. The School may request an export of its data in a common machine-readable format at any time during the subscription and for thirty (30) days after termination.

All rights in the Platform, including its software, design, branding and documentation, remain the exclusive property of Cynk Analytics. No rights are granted other than the limited right of use set out in these Terms.

Each party will keep confidential the non-public information of the other party disclosed in connection with the service and use it only for the purposes of these Terms. This obligation survives termination.

Cynk will provide the Platform with reasonable skill and care. Beyond that, the Platform is provided "as is". Analytics, rankings and insights are decision-support tools: academic and administrative decisions remain the sole responsibility of the School.

To the maximum extent permitted by law, neither party is liable for indirect, incidental or consequential loss, or for loss of profits or reputation. Cynk's total aggregate liability arising out of or in connection with these Terms is limited to the fees paid by the School in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits liability for fraud, death or personal injury caused by negligence, or any liability that cannot lawfully be limited.

The School will indemnify Cynk against claims arising from School Data that the School had no right to process, or from use of the Platform in breach of these Terms.

These Terms run for the subscription period and renew as agreed. Either party may terminate for convenience with thirty (30) days' written notice, or immediately for material breach that is not remedied within fourteen (14) days of notice. On termination, access ceases and School Data is handled as described in the Privacy Policy.

These Terms are governed by the laws of the Republic of Kenya. The parties will attempt in good faith to resolve any dispute amicably before submitting to the exclusive jurisdiction of the Kenyan courts.

Cynk may update these Terms. Material changes will be notified at least thirty (30) days in advance, and continued use after the effective date constitutes acceptance.

Questions about these Terms: cynkclem@gmail.com or phone / WhatsApp 0745 027 997.