Terms of Service

1. Introduction

These Terms of Service ("Terms") constitute a legally binding agreement between you (the subscribing educational institution, its authorised administrators, staff, parents, and students) and Bwangubwangu / Livingi Labs ("Company", "we", "us"), a company registered in the Republic of Zambia, operating the Sync School Management System ("Sync", "Platform", "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you must discontinue use immediately.

These Terms are governed by the laws of the Republic of Zambia, and are drafted with regard to the legal and commercial realities of the African education technology market.

2. Definitions

3. Eligibility

• The Service is available to registered educational institutions in Zambia and other African countries
• The person registering on behalf of the School must have legal authority to bind the institution to these Terms
• Schools must be registered with the relevant government authority (e.g., Ministry of Education, Zambia) or equivalent body in their jurisdiction
• Individual Users must be at least 18 years old to create an account. Student accounts are managed by the School under parental consent
• We reserve the right to refuse service to any institution that does not meet our eligibility criteria or violates these Terms

4. Account Registration & Security

4.1 Registration

• You must provide accurate, complete, and current registration information
• Each School receives one primary Administrator account, which may create sub-accounts for staff, teachers, and parents
• You are responsible for maintaining the confidentiality of all login credentials within your institution

4.2 Account Security

• You must immediately notify us at sync@bwangubwangu.net of any suspected unauthorised access
• We implement Role-Based Access Control (RBAC) — you are responsible for assigning appropriate access levels to your staff
• We are not liable for any loss arising from unauthorised use of your account where you have failed to maintain adequate security

5. Services Provided

Subject to your Subscription plan, Sync provides the following services:

Feature availability varies by Subscription tier. We reserve the right to add, modify, or discontinue features with reasonable notice.

6. AI Features & Limitations

• No guarantees of accuracy: AI-generated lesson plans, financial analyses, and recommendations are suggestions. Teachers and administrators retain full professional responsibility for reviewing and approving all AI-generated outputs
• Human oversight required: AI features do not replace professional educational or financial judgement. Zambian curriculum alignment should be independently verified by qualified educators
• AI data usage: Anonymised, aggregated data from AI interactions may be used to improve our AI models. Personally identifiable data is never used for AI training without explicit consent
• Availability: AI features depend on third-party AI service providers and may experience downtime or degraded performance
• Limitation of liability: We accept no liability for decisions made based solely on AI-generated content, including but not limited to academic assessments, financial projections, or student recommendations

7. Fees & Payments

7.1 Subscription Fees

• Fees are charged in Zambian Kwacha (ZMW) unless otherwise agreed for schools outside Zambia
• Subscription fees are payable monthly or annually in advance, as selected during registration
• All prices are exclusive of any applicable taxes, including Value Added Tax (VAT) at the prevailing Zambian rate (currently 16%)
• We reserve the right to adjust pricing with 30 days' written notice. Price changes do not affect active prepaid subscription periods

7.2 Payment Methods

• Bank transfer to our designated Zambian bank account
• Mobile money (Airtel Money, MTN Mobile Money)
• Such other methods as we may make available from time to time

7.3 Late Payments & Suspension

• If payment is not received within 14 days of the due date, we may suspend access to the Service
• A grace period of 7 additional days will be provided before account deactivation
• Late payment interest may be charged at the Bank of Zambia policy rate plus 2%, in accordance with Zambian commercial practice
• Your data will be retained for 90 days after account deactivation, after which it may be permanently deleted

7.4 Refund Policy

• Monthly subscriptions: No refunds for partial months
• Annual subscriptions: Pro-rata refund available within the first 30 days if cancellation request is made in writing
• Free trial periods: No charges incurred — you may cancel before the trial ends at no cost

8. Mobile Money Integration Terms

The following additional terms apply to the mobile money fee collection and reconciliation features:

• Sync acts as a technology intermediary between the School and mobile money operators. We are not a financial institution, payment service provider, or mobile money agent
• All mobile money transactions are processed through the respective operator (Airtel Zambia, MTN Zambia) and are subject to their terms and conditions
• Transaction fees charged by mobile money operators are borne by the payer (parent) or the School, as configured in the system
• We comply with the National Payment Systems Act, 2007, the Bank of Zambia directives on electronic money, and the National Payment Systems Directives on Electronic Money
• Sync does not hold, pool, or invest any funds. Payments flow directly from the payer to the School via the mobile money operator
• Any disputes regarding mobile money transactions should first be raised with the relevant mobile money operator. Sync will provide transaction records to assist resolution
• Schools are responsible for reconciling their own accounts and reporting to the Zambia Revenue Authority as required

9. Data Ownership & Portability

9.1 Your Data

• School Data belongs to the School. You retain all ownership rights to the data you input, upload, or generate on the Platform
• We do not claim ownership of School Data. We process it solely to provide the Service
• You grant us a limited, non-exclusive licence to process School Data as necessary to deliver, maintain, and improve the Service

9.2 Data Portability

• You may export your data at any time through the Platform's built-in export features (CSV, PDF, Excel)
• Upon termination, you may request a complete data export within the 90-day retention period
• We will provide data in a structured, commonly used, machine-readable format as required by the Zambia Data Protection Act, 2021

9.3 Anonymised & Aggregated Data

• We may use anonymised, aggregated data (which cannot identify any individual or institution) for research, benchmarking, and product improvement
• Such data may be used to generate industry reports on Zambian education trends, which may be shared publicly

10. Acceptable Use Policy

You agree not to:

• Use the Service for any purpose other than educational institution management
• Upload malicious code, viruses, or engage in any activity that disrupts the Service
• Attempt to gain unauthorised access to other Schools' accounts or data
• Scrape, crawl, or harvest data from the Platform using automated means
• Share login credentials with unauthorised third parties
• Use AI features to generate harmful, discriminatory, or misleading content
• Resell, sublicense, or redistribute access to the Service without our written consent
• Use the Service in violation of any applicable Zambian or international law, including the Cyber Security and Cyber Crimes Act, 2021
• Upload content that infringes intellectual property rights of any third party

Violation of this policy may result in immediate account suspension or termination without refund.

11. Intellectual Property

• The Sync platform, including its software, design, branding, AI models, documentation, and all associated intellectual property, is owned by Bwangubwangu / Livingi Labs and is protected by Zambian and international intellectual property laws, including the Copyright and Performance Rights Act (Cap 406), the Patents Act (Cap 400), and the Trade Marks Act (Cap 401)
• Your Subscription grants you a non-exclusive, non-transferable, revocable licence to use the Service for the duration of your Subscription
• AI-generated content (lesson plans, quizzes, financial reports) created through your use of the Service may be freely used by your institution for educational purposes
• You may not reverse-engineer, decompile, or disassemble any part of the Service

12. Service Availability & SLA

• We target 99.9% uptime for the Platform, measured on a monthly basis
• Scheduled maintenance will be performed during off-peak hours (typically 00:00–04:00 CAT, Zambia time) with 48 hours' advance notice
• We are not liable for downtime caused by: force majeure events, internet connectivity issues, mobile network outages, or third-party service failures
• In the event of prolonged unscheduled downtime exceeding 24 consecutive hours, Professional and Enterprise customers may request a pro-rata service credit

13. Limitation of Liability

• To the maximum extent permitted by the laws of the Republic of Zambia, the Service is provided "as is" and "as available"
• We do not warrant that the Service will be uninterrupted, error-free, or free from harmful components
• Our total aggregate liability for any claims arising out of or related to these Terms shall not exceed the total fees paid by the School in the 12 months preceding the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or business opportunities
• Nothing in these Terms limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter which cannot be lawfully limited under Zambian law

14. Indemnification

You agree to indemnify and hold harmless Bwangubwangu / Livingi Labs, its officers, directors, employees, and agents from and against any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service in breach of these Terms
• Your violation of any applicable law or regulation
• Any data you upload or process through the Platform that infringes third-party rights
• Your failure to obtain necessary consents for data processing (including parental consent for student data)

15. Termination

15.1 Termination by School

• You may cancel your Subscription at any time by providing 30 days' written notice to sync@bwangubwangu.net
• Access continues until the end of the current billing period

15.2 Termination by Sync

• We may suspend or terminate your account for material breach of these Terms, including non-payment, misuse, or violation of the Acceptable Use Policy
• We will provide 14 days' written notice before termination, except in cases of serious breach (fraud, illegal activity) where immediate termination may apply

15.3 Effect of Termination

• Your data will be retained for 90 days post-termination for retrieval
• After 90 days, data will be securely deleted in accordance with our Privacy Policy
• You may request immediate data deletion in writing (subject to legal retention obligations)
• Provisions relating to intellectual property, limitation of liability, indemnification, and dispute resolution survive termination

16. Dispute Resolution

We encourage amicable resolution of disputes. The following escalation path applies:

17. Governing Law & Jurisdiction

• These Terms are governed by and construed in accordance with the laws of the Republic of Zambia
• Subject to the dispute resolution mechanism above, the courts of Zambia shall have exclusive jurisdiction
• For Schools located outside Zambia, local consumer protection laws may apply in addition to Zambian law where mandatory
• Nothing in these Terms shall exclude or limit any rights that cannot be excluded under the Competition and Consumer Protection Act No. 24 of 2010 (Zambia)

18. Amendments to These Terms

• We may amend these Terms from time to time. Changes will be posted on this page with an updated "Last Updated" date
• Material changes will be communicated via email to School Administrators at least 30 days in advance
• Your continued use of the Service after the effective date of amendments constitutes acceptance
• If you do not agree with amended Terms, you must discontinue use and may terminate your Subscription in accordance with Section 15

19. Contact