Terms of Service

These Terms of Service (“Terms”) govern your use of the services provided by Schuwap Technologies (“Schuwap”, “we”, “us”, or “our”), including the Schuwap School Management System (“SMS Platform”) and the Schuwap Computer-Based Testing platform (“CBT Platform”), collectively the “Services”.

By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you are accepting these Terms on behalf of a school or organization, you represent that you have the authority to bind that entity.

1. Service Description

1.1 SMS Platform

A multi-tenant school management platform that provides: student record management, staff management, academic session and term management, class and subject management, score entry and result computation, result publishing and PDF generation, attendance tracking, lesson note management, timetable building, announcements, parent portal access, PIN-based result checking, and subscription billing.

1.2 CBT Platform

A computer-based testing platform that provides: exam creation and management, question banks, timed exam sessions, automated grading, proctoring (webcam-based integrity monitoring including face detection, gaze tracking, and identity verification), practice mode, gamification (XP, badges, leaderboards), and result analytics.

2. Account Registration & Responsibilities

2.1 School Accounts

School accounts are created by Schuwap or through our onboarding process. The school administrator is responsible for managing staff and student accounts within their school’s tenant.

2.2 Staff Accounts

Staff accounts are created by school administrators via invitation. Upon first login, staff members must change their temporary password and accept these Terms and our Privacy Policy.

2.3 Student & Parent Accounts

Student accounts are created by school administrators. Parent portal accounts are created by school administrators and linked to their children’s records. The school is responsible for obtaining appropriate parental consent for student accounts.

2.4 CBT Solo Accounts

Individual teachers and students may register directly on the CBT Platform. By registering, you accept these Terms and our Privacy Policy.

2.5 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You must not share your login details with others. You must notify us immediately if you suspect unauthorized access to your account.

3. Subscription & Payment Terms

3.1 Plans & Pricing

The Services are offered on a subscription basis with different plan tiers (Starter, Growth, Pro). Each plan has defined limits on the number of students, features available, and other usage parameters. Current pricing is displayed on our website and within the platform.

3.2 Payment Processing

Payments are processed by Paystack Payments Ltd., a CBN-licensed payment processor. By subscribing, you authorize Paystack to charge your selected payment method. Schuwap does not store your card details.

3.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing cycle (monthly or annually) unless cancelled before the renewal date. You will be charged the then-current rate for your plan at each renewal.

3.4 Cancellation

You may cancel your subscription at any time through the billing section of your dashboard. Cancellation takes effect at the end of the current billing period — you retain access to paid features until that date. No partial refunds are provided for unused time within a billing period.

3.5 Free Trial

New schools may receive a free trial period. At the end of the trial, you must subscribe to a paid plan to continue using the Services. If you do not subscribe, your access will be restricted to read-only mode.

3.6 Price Changes

We may adjust pricing with at least 30 days’ notice before your next billing cycle. Continued use after the price change takes effect constitutes acceptance of the new pricing.

4. Acceptable Use Policy

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law.
• Attempt to gain unauthorized access to other schools’ data, accounts, or systems.
• Circumvent, disable, or interfere with security features, including exam proctoring measures.
• Share login credentials or allow multiple people to use the same account simultaneously.
• Use automated tools (bots, scrapers) to access the Services without our written permission.
• Upload malicious content, viruses, or code designed to disrupt the Services.
• Attempt to cheat on examinations by any means, including using third-party tools, having another person take an exam on your behalf, or interfering with proctoring systems.
• Use proctoring photos or data for any purpose other than academic integrity verification.

Violation of this Acceptable Use Policy may result in account suspension or termination without refund.

5. Exam Proctoring Terms

When proctoring is enabled for a CBT exam:

• You will be asked to grant camera access and provide explicit consent before the exam begins.
• The system will capture facial photographs and monitor for integrity violations as described in our Privacy Policy.
• Detected violations (e.g., leaving the exam window, no face detected, multiple faces, looking away) are logged and may be reviewed by authorized school staff.
• Excessive violations may trigger automatic exam submission, at the teacher’s configured threshold.
• If you do not consent to proctoring, you may not be able to take the proctored exam. Contact your school or teacher for alternative arrangements.

6. Data Processing

Our handling of personal data is governed by our Privacy Policy, which forms part of these Terms. Key points:

• Schools are the data controllers for student, staff, and parent data; Schuwap is the data processor.
• We process data only as necessary to provide the Services and as instructed by the school.
• Upon subscription termination, schools may request a full export of their data. Data is permanently deleted 30 days after termination unless a longer retention period is required by law.

7. Intellectual Property

• The Services, including all software, design, branding, and documentation, are the intellectual property of Schuwap Technologies and are protected by Nigerian copyright law and international treaties.
• You retain ownership of all data you input into the Services (student records, exam questions, etc.). You grant us a limited license to process this data solely to provide the Services.
• You may not copy, modify, reverse-engineer, or create derivative works based on any part of the Services without our written permission.

8. Service Availability

We strive to maintain high availability of the Services but do not guarantee uninterrupted access. The Services may be temporarily unavailable due to:

• Scheduled maintenance (we will provide reasonable advance notice).
• Emergency maintenance to address security or stability issues.
• Factors beyond our control (internet outages, third-party service failures).

We are not liable for any loss or damage arising from service unavailability, though we will make commercially reasonable efforts to restore access promptly.

9. Limitation of Liability

To the maximum extent permitted by Nigerian law:

• The Services are provided “as is” and “as available”. We make no warranties, express or implied, regarding the suitability, reliability, availability, or accuracy of the Services.
• Schuwap shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services, including but not limited to loss of data, loss of revenue, or business interruption.
• Our total aggregate liability for any claims arising from or related to the Services shall not exceed the total fees paid by you in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Schuwap Technologies, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Services in violation of these Terms.
• Your violation of any applicable law or third-party rights.
• Data you upload to the Services, including ensuring you have the right to provide student and staff personal data.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to conflict of law principles.

12. Dispute Resolution

Any dispute arising out of or in connection with these Terms shall be resolved as follows:

1. Informal resolution: The parties shall first attempt to resolve the dispute through good-faith negotiation for a period of 30 days.
2. Mediation: If informal resolution fails, the dispute shall be submitted to mediation under the rules of the Lagos Multi-Door Courthouse or equivalent Alternative Dispute Resolution (ADR) center.
3. Litigation: If mediation fails, either party may bring the dispute before the courts of competent jurisdiction in Nigeria.

13. Termination

13.1 By You

You may terminate your use of the Services at any time by cancelling your subscription and ceasing to use the platform. You may request a full export of your data before termination.

13.2 By Us

We may suspend or terminate your access if:

• You breach these Terms or the Acceptable Use Policy.
• Your subscription payment fails and remains unpaid after reasonable notice.
• We are required to do so by law or regulatory order.
• We discontinue the Services (with at least 90 days’ notice and the opportunity to export your data).

13.3 Effect of Termination

Upon termination, your data will be retained for 30 days, during which you may request a data export. After 30 days, data is permanently deleted except where longer retention is required by law (e.g., consent records, audit logs).

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes:

• We will update the “Last updated” date and version number at the top of this page.
• We will notify you via email or in-app notification at least 30 days before the changes take effect for material modifications.
• Continued use of the Services after the effective date of changes constitutes acceptance of the updated Terms.
• If you do not agree with the updated Terms, you may terminate your subscription before the changes take effect.