Terms of Use
Effective and Last Updated: July 15, 2026
1. Agreement and Scope
These Terms govern access to SMIK-Af applications, websites, dashboards, APIs, and related services. By creating an account, accepting an invitation, registering a school, or using the Platform, you agree to these Terms and the policies linked from the SMIK-Af Legal Centre. If you act for a school or organisation, you confirm that you have authority to bind it.
SMIK-Af is designed solely for use in Africa. Mandatory law in the user's and school's country remains applicable and prevails over an inconsistent provision.
2. Platform Role
SMIK-Af provides school-management technology. It is not a school, examining body, medical provider, bank, emergency service, transport operator, law-enforcement body, or substitute for professional judgement. Schools remain responsible for education, admissions, grading, discipline, safeguarding, employment, health decisions, transport operations, record accuracy, and legal compliance.
3. Eligibility and Minors
Users must have legal capacity or be properly authorised by a school, parent, or guardian. Schools must determine the lawful minimum age and authorisation requirements in their country. A child must not create or use an independent account where local law requires school or guardian involvement.
4. Accounts and Roles
Provide accurate information, use only your assigned role, protect credentials, and report compromise promptly. Accounts are personal unless expressly designated as institutional service accounts. You must not share credentials, bypass permissions, impersonate another person, or access information unrelated to your duties.
Schools control user invitations, roles, family links, and most school records. SMIK-Af may verify, suspend, reject, or revoke accounts and school registrations to protect users, enforce policy, investigate risk, or comply with law.
5. School Obligations
Schools must maintain lawful authority to use the Platform; provide privacy notices; obtain necessary parent, guardian, employee, or student authorisations; configure least-privilege access; maintain accurate records; train personnel; protect exports; respond to rights requests; follow safeguarding duties; and comply with education, employment, health, consumer, financial, and data-protection law.
6. Acceptable Use
Users must comply with the Acceptable Use & Community Guidelines. Prohibited conduct includes unauthorised access, malware, scraping, security testing without permission, harassment, exploitation, grooming, bullying, fraud, academic dishonesty, dangerous content, unlawful discrimination, exposure of confidential records, infringement, spam, and attempts to disrupt or reverse engineer the Platform except where law expressly permits.
7. Forums, Messages and User Content
Users retain ownership of lawful content they submit. They grant SMIK-Af and the school a non-exclusive, limited licence to host, reproduce, format, transmit, moderate, and display that content only to operate, protect, and improve the Platform and meet legal duties.
Do not upload content without authority. Forum and messaging features are not private emergency channels. Content may be moderated, restricted, preserved, or disclosed under the Community Guidelines and applicable law. Users remain responsible for their submissions.
8. Academic Records and Reports
Grades, attendance, report cards, promotions, and academic reports are prepared or approved by schools. SMIK-Af does not certify their accuracy or legal status. Users must report errors to the school. Generated documents may require school signatures, stamps, verification, or correction before official use.
9. Health, Safety and Emergencies
Transport maps and location may be delayed or inaccurate and must not replace driver, school, guardian, or emergency-service judgement. For immediate danger, contact local emergency services and the responsible school.
10. Payments and Subscriptions
Payments and subscriptions are governed by the Payments, Refunds & Cancellations Policy and any school agreement. Third-party processors may impose additional terms. SMIK-Af may suspend paid functions for overdue amounts after required notice, but will handle access to exportable school data as required by contract and law.
11. Privacy and Data Protection
The Privacy Policy, Child & Student Privacy Notice, Data Processing Agreement, Retention Schedule, and applicable school notice govern personal information. Users must not use Platform data for unrelated marketing, surveillance, discrimination, or personal purposes.
12. Intellectual Property
SMIK-Af and its licensors own the Platform software, design, branding, documentation, and platform-created materials. These Terms grant a limited, revocable, non-transferable right to use the Platform for authorised educational and administrative purposes. School data and user content remain owned by their lawful owners.
13. Third-Party Services
The Platform may depend on authentication, cloud hosting, payment, mapping, device, and app-store services. Their availability and separate terms may affect features. SMIK-Af is responsible only to the extent required by applicable law and its direct agreements.
14. Availability and Changes
We aim to provide a reliable service but do not promise uninterrupted or error-free operation. Maintenance, connectivity, cyber incidents, force majeure, provider outages, school configuration, or device limitations may affect service. We may change features to improve safety, lawfulness, security, or performance and will provide notice where contract or law requires.
15. Suspension and Termination
SMIK-Af or a school may restrict access for policy violations, security risk, unlawful use, role changes, non-payment, safeguarding concerns, or legal requirements. Where appropriate, users will receive notice and an opportunity to respond. Serious safety or security cases may require immediate action.
Users may request account deletion under the Account & Data Deletion Policy. School records may remain under school control or legal retention duties after account closure.
16. Disclaimers
To the maximum extent permitted by mandatory law, the Platform is provided on an "as available" basis. SMIK-Af does not guarantee a particular educational, financial, disciplinary, employment, health, transport, or regulatory outcome. Nothing excludes warranties or consumer rights that cannot lawfully be excluded.
17. Liability
Nothing limits liability for fraud, wilful misconduct, death or personal injury caused by negligence where such limitation is prohibited, child-safety duties that cannot be excluded, or any other liability that mandatory law does not permit us to limit.
Subject to those exceptions, SMIK-Af is not liable for indirect or consequential loss, loss caused by unlawful school instructions, inaccurate school records, user credential sharing, unsupported devices, or third-party connectivity. Any contractual cap applicable to a school is stated in the School SaaS Agreement. Consumer and child rights remain unaffected.
18. Indemnity
To the extent lawful, an institutional customer will protect SMIK-Af against third-party claims resulting from its unlawful data, instructions, permissions, or material breach. This does not apply to the extent a claim results from SMIK-Af's breach, negligence, or unlawful conduct. Individual consumers and children are not required to provide an indemnity where prohibited or unfair.
19. Governing Law and Disputes
The School SaaS Agreement identifies governing law for institutional customers. For individual users, mandatory law and courts in the user's country remain available where they cannot be displaced. Parties should first send a written complaint to office.smikaf@gmail.com and allow a reasonable opportunity to resolve it. This does not prevent urgent safeguarding, regulatory, or court action.
20. Changes and Acceptance
We may update these Terms. Material changes will receive reasonable notice and renewed acceptance where required. Continued use after the effective date indicates acceptance only where legally valid. If you disagree, stop using the Platform and request account closure or contact your school.
21. Contact
Questions may be sent to office.smikaf@gmail.com. Do not send passwords, payment-card credentials, or sensitive student or health records by ordinary email.