Terms of Service

These Terms of Service ("Terms") are the agreement between SCHOLAGH TECHNOLOGIES, a Ghanaian technology business operated as a sole proprietorship by Ahenkora Joshua Owusu ("ScholaGH", "we", "us", "our"), and the school or organisation that subscribes to the ScholaGH platform ("School", "Customer", "you"). They set out the rules for using the Service and, importantly, how responsibility and liability are shared. Please read them with our Privacy Policy, our Data Processing Agreement, our Acceptable Use Policy, and our Refund & Billing Policy, which are all part of this agreement.

1. Definitions

In these Terms, capitalised words have the following meanings:

• Service: the ScholaGH school-management software, websites, and related support that we make available to you.
• Personal Data: information about an identified or identifiable living person, as defined in the Data Protection Act, 2012 (Act 843).
• Student Data: Personal Data about pupils of the School, who are usually minors, including names, ages, photographs, attendance, grades, and report cards.
• Controller: the party that decides why and how Personal Data is processed. For all data in the Service, this is the School.
• Processor: the party that processes Personal Data on the Controller's instructions. This is ScholaGH.
• Sub-processor: a third party we engage to help provide the Service (for example an SMS gateway or hosting provider).
• Authorised User: a person the School allows to use the Service (such as an administrator, head teacher, bursar, or teacher).
• Fees: the amounts payable for the Service, as set out in your plan and our Refund & Billing Policy.

2. The agreement and the parties

2.1 The contracting party on our side is the business SCHOLAGH TECHNOLOGIES, not any individual. Our employees, contractors, and agents act on behalf of SCHOLAGH TECHNOLOGIES, and no individual staff member is personally a party to this agreement or personally liable under it.

2.2 By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you accept on behalf of a School, you confirm that you are authorised to bind that School.

2.3 Our business details: SCHOLAGH TECHNOLOGIES, a sole proprietorship owned by Ahenkora Joshua Owusu, registered with the Office of the Registrar of Companies, Ghana under the Registration of Business Names Act, 1962 (Registration No. BN982760726), and based in Greater Accra, Ghana.

3. The Service

3.1 The Service helps a School manage students, staff, attendance, assessments and report cards, fees and payments, communication, and reporting.

3.2 We may add, change, or remove features to improve the Service. If a change materially reduces a core feature you rely on, we will give you reasonable notice.

3.3 The Service is provided over the internet. You are responsible for your own devices, internet access, and Mobile Money or bank arrangements needed to use it.

4. Accounts and Authorised Users

4.1 The School is responsible for setting up Authorised Users and assigning their roles, and for everything done under those accounts.

4.2 Authorised Users must keep their credentials confidential and must enable two-factor authentication where the Service requires it. Tell us promptly if you suspect an account has been compromised.

4.3 The Service scopes what each role can see and do. The School must assign roles appropriately and remove access for people who leave.

5. Your responsibilities as the School

5.1 Accuracy and lawful basis. You are responsible for the accuracy of the data you enter and for having a lawful basis under Act 843 to collect and use it, including any data about students, parents, and staff.

5.2 Parental consent for minors. Because the Service holds Student Data about children, you, as the Controller and the party with the relationship to parents and guardians, are responsible for giving the notices and obtaining any consents required under Act 843 and the Children's Act, 1998 (Act 560). ScholaGH processes Student Data only on your instructions and never for its own purposes.

5.3 Your content. You are responsible for the records, photographs, messages, and other content you upload, and for ensuring you are entitled to upload it.

5.4 Compliance. You will use the Service in line with these Terms, the Acceptable Use Policy, and applicable Ghanaian law.

6. Data protection

6.1 For all Personal Data in the Service, the School is the Controller and ScholaGH is the Processor. We process Personal Data only on your documented instructions, which include the ordinary operation of the Service and the settings you choose.

6.2 Our data-protection commitments, including data minimisation, purpose limitation, security, use of Sub-processors, and handling of data-subject requests, are set out in our Data Processing Agreement and Privacy Policy, which form part of these Terms.

6.3 We do not sell Personal Data, do not use Student Data for advertising, and do not use Student Data to train machine-learning or artificial-intelligence models.

7. Fees, billing and taxes

7.1 Fees are charged in Ghana Cedis (GH₵) and are set out in your chosen plan and our Refund & Billing Policy.

7.2 Unless stated otherwise, Fees are exclusive of any taxes or levies that the law requires to be added, which you are responsible for paying.

7.3 SMS and similar messaging sent through the Service may carry separate per-message costs, which are billed as described in the Refund & Billing Policy.

7.4 Non-payment may lead to suspension or termination as described in clauses 14 and 15 and in the Refund & Billing Policy.

8. Intellectual property

8.1 The Service, including its software, design, and content we create, is owned by SCHOLAGH TECHNOLOGIES and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription.

8.2 Your data stays yours. As between us, the School owns its own data, including Student Data. You grant us only the limited right to host and process that data to provide the Service.

8.3 You must not copy, resell, reverse-engineer, or create a competing product from the Service, except to the extent the law does not allow us to prevent it.

9. Confidentiality

9.1 Each party may receive information from the other that is confidential. Each party will protect the other's confidential information and use it only to perform this agreement.

9.2 This clause does not apply to information that is public through no fault of the receiving party, or that must be disclosed by law.

10. Availability and service levels

10.1 We work to keep the Service available and reliable and aim for high monthly availability (target: 99%), measured excluding scheduled maintenance and matters outside our reasonable control.

10.2 These figures are targets, not guarantees. We do not promise that the Service will be uninterrupted or error-free.

10.3 We aim to schedule maintenance outside normal school hours and to give notice of anything likely to cause significant downtime. Support is available through WhatsApp or email during Monday to Friday, 8:00am to 5:00pm (GMT), and we aim to respond promptly, prioritising anything that stops a School from operating.

11. Disclaimer of warranties

11.1 The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties not expressly stated in these Terms, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

11.2 We do not warrant that the Service will meet every requirement, that results (such as calculations or reports) will be error-free, or that it will operate without interruption. You are responsible for reviewing outputs before relying on them.

12. Limitation of liability

12.1 Nothing in these Terms limits liability that cannot be limited by Ghanaian law, including liability for death or personal injury caused by negligence, or for fraud.

12.2 Subject to clause 12.1, neither party is liable for any indirect, incidental, special, or consequential loss, or for loss of profits, revenue, goodwill, data, or anticipated savings, however it arises.

12.3 Subject to clause 12.1, the total aggregate liability of SCHOLAGH TECHNOLOGIES arising out of or in connection with this agreement, whether in contract, tort (including negligence), or otherwise, is limited to the total Fees paid by the School to SCHOLAGH TECHNOLOGIES in the twelve (12) months immediately before the event giving rise to the claim.

12.4 The limitations in this clause reflect the Fees charged and the allocation of risk between the parties, and apply even if a limited remedy fails of its essential purpose.

13. Indemnity by the School

13.1 You will defend, indemnify, and hold harmless SCHOLAGH TECHNOLOGIES (and its owner, employees, and agents) against claims, losses, and reasonable costs arising from: (a) your misuse of the Service; (b) content or data you upload or instruct us to process; (c) your breach of these Terms or the Acceptable Use Policy; or (d) your failure to have a lawful basis or required consent for Personal Data you place in the Service.

13.2 We will tell you promptly of any such claim, let you control the defence of it (with our reasonable cooperation), and not settle it in a way that admits fault on our part without our consent.

14. Suspension

14.1 We may suspend access, in whole or in part, if: (a) Fees are overdue after notice; (b) we reasonably believe the Service is being used in breach of the Acceptable Use Policy or in a way that threatens security or other users; or (c) we are required to by law.

14.2 We will give notice where practicable and restore access once the cause is resolved. Suspension does not by itself end the agreement.

15. Term and termination

15.1 This agreement runs for your subscription term and renews as described in the Refund & Billing Policy, unless ended earlier under this clause.

15.2 Either party may terminate for material breach that is not remedied within thirty (30) days of written notice.

15.3 You may stop using the Service and end your subscription as described in the Refund & Billing Policy. Refunds (if any) are governed by that policy.

16. Return and deletion of data

16.1 On termination, you may export your data. We will keep it available for export for thirty (30) days after termination (the "Export Window").

16.2 After the Export Window, we will delete or irreversibly anonymise your data within a reasonable period, except for any copy the law requires us to keep or that exists in routine backups until those backups expire. Details are in the Data Processing Agreement.

17. Changes to the Service and these Terms

17.1 We may update these Terms. If a change is material, we will give reasonable notice (for example by email or an in-app notice). Continued use after the change takes effect means you accept the updated Terms.

18. Governing law and dispute resolution

18.1 These Terms are governed by the laws of the Republic of Ghana.

18.2 The parties will first try to resolve any dispute in good faith by discussion. If that fails, the dispute may be submitted to the courts of Ghana, which have jurisdiction.

18.3 Optional arbitration. The parties may instead agree in writing to resolve a dispute by arbitration in Accra under the Alternative Dispute Resolution Act, 2010 (Act 798), with one arbitrator and proceedings in English.

19. General

19.1 Assignment. You may not assign this agreement without our consent. We may assign it to a successor of our business on notice to you.

19.2 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as power or internet failure, or acts of government.

19.3 Severability. If any part of these Terms is found unenforceable, the rest remains in force.

19.4 Entire agreement. These Terms and the documents referred to in them are the entire agreement between the parties on this subject and replace any earlier understanding.

19.5 No waiver. A failure to enforce a term is not a waiver of it.

19.6 Relationship. The parties are independent contractors; nothing here creates a partnership, agency, or employment relationship.

20. How to contact us

Questions or notices about these Terms can be sent to:

• Email: [email protected]
• Phone: +233 53 704 1324
• Post: SCHOLAGH TECHNOLOGIES, Greater Accra, Ghana

This document forms part of your agreement with SCHOLAGH TECHNOLOGIES and is provided for information. It is not legal advice.