Terms of Service

Elimu Bora School Management Platform

Effective Date: Wed 8 Apr, 2026 Last Updated: Mon 1 Jun, 2026

1. Introduction and Acceptance

These Terms of Service (“Terms”) constitute a legally binding agreement between the educational institution subscribing to the Platform (“you”, “your”, “the School”, “the Subscriber”) and Elimu Bora (“we”, “us”, “our”), the operator of the school management platform accessible at elimuboraerp.com and its subdomains (the “Platform”).

By creating an account, subscribing to a plan, or using the Platform, you confirm that:

You have the legal authority to bind the School to these Terms
You have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Data Processing Agreement
You are subscribing on behalf of an educational institution registered or operating in Kenya

If you do not agree with any part of these Terms, you must not use the Platform.

These Terms are governed by the laws of the Republic of Kenya, including the Consumer Protection Act, 2012 (No. 46 of 2012), the Data Protection Act, 2019 (No. 24 of 2019), the Kenya Information and Communications Act (Cap. 411A), and the Contract Law of Kenya.

2. Definitions

“Account” means the School’s registered account on the Platform, accessible via the School’s assigned subdomain (e.g., your-school.elimuboraerp.com).
“Authorised Users” means the School’s principals, deputy principals, teachers, heads of department, administrative staff, support staff, and guardians who are granted access to the Platform by the School.
“Data Processing Agreement” or “DPA” means the separate agreement between Elimu Bora and the School governing the processing of personal data, as required under the Data Protection Act, 2019.
“Guardian Portal” means the read-only interface available to parents and guardians at /guardian on the School’s subdomain.
“Modules” means the functional areas of the Platform (such as Academics, Attendance, Finance, Inventory, Events, Timetable, Sports, and Clubs) that may be available to the School depending on the subscribed Plan. The Modules available under each Plan are listed on our pricing page at elimuboraerp.com/pricing.
“Personal Data” has the meaning given in Section 2 of the Data Protection Act, 2019.
“Plan” or “Suite” means the subscription tier selected by the School (Starter, Base, Full, or Custom), which determines the Modules available and the applicable fees.
“Platform” means the Elimu Bora web application, APIs, and all associated services.
“School Data” means all data entered into, generated by, or stored within the Platform by or on behalf of the School, including student records, academic data, financial records, attendance data, and files.
“Subscription Period” means the billing cycle applicable to the School’s Plan: either per-term (approximately 3 to 4 months aligned with the Kenyan school term calendar) or annually.
“Term” means an academic school term as defined by the School within the Platform.

3. The Platform

3.1 Description

Elimu Bora is a cloud-based school management platform, used by many schools, that provides tools for academic management, attendance tracking, financial billing and payment collection, inventory management, event coordination, and stakeholder communication. The Platform supports both the Competency Based Curriculum (CBC) and the 8-4-4 curriculum system as used in Kenyan schools.

3.2 Availability of Modules

The specific Modules available to the School depend on the subscribed Plan. Not all Modules are included in every Plan. Module availability for each Plan is described on our pricing page at elimuboraerp.com/pricing and in the School’s subscription confirmation.

3.3 What Elimu Bora Is Not

The Platform is a school management tool. It is not:

A licensed financial institution or payment service provider. Fee payments via mobile money are processed by a third-party mobile payment provider under that provider’s terms. Elimu Bora facilitates payment recording and reconciliation but does not hold, transmit, or settle funds.
A legal or regulatory compliance service. While the Platform supports CBC and 8-4-4 grading structures, the School remains responsible for ensuring its own curriculum implementation meets the requirements of the Kenya Institute of Curriculum Development (KICD) and the Ministry of Education.
A data backup or disaster recovery service beyond the measures described in Section 12.

4. Account Registration and Access

4.1 Account Creation

Accounts are provisioned by Elimu Bora following the School’s subscription. Each School receives a dedicated web address (e.g., your-school.elimuboraerp.com) and its own private space on the Platform, kept separate from every other School’s (see Section 7.3). The School’s designated administrator is responsible for creating Authorised User accounts within the Platform.

4.2 Account Security

The School is responsible for:

Maintaining the confidentiality of all login credentials for its Authorised Users
Ensuring that only authorised individuals access the Platform
Promptly deactivating accounts of staff or guardians who are no longer associated with the School
Notifying Elimu Bora immediately at support@elimuboraerp.com if the School suspects any unauthorised access to its Account

Elimu Bora is not liable for any loss or damage arising from the School’s failure to maintain the security of its Account credentials.

4.3 Authorised Users and Roles

The Platform implements role-based access control. The School’s administrator assigns roles (Principal, Deputy Principal, HOD, Teacher, Staff, Guardian) that determine each user’s permissions. The School is responsible for ensuring that roles are assigned appropriately and that users do not have access beyond what their function requires.

Guardians are granted access to the Guardian Portal only and can view data relating solely to their linked children. The School is responsible for verifying guardian identity before granting portal access.

5. Subscription Plans and Fees

5.1 Plans

Elimu Bora offers the following subscription tiers:

Starter: core modules for smaller schools
Base: expanded module access for mid-size schools
Full: all modules and features
Custom: individually negotiated module selection and pricing for schools with specific requirements

Current pricing is published at elimuboraerp.com/pricing. All prices are stated exclusive of Value Added Tax (VAT), which is charged at the prevailing Kenyan rate (currently 16%) and added at the point of invoicing.

5.2 Billing Cycle

Subscriptions are billed either per-term (aligned with the Kenyan school term calendar) or annually, as selected by the School at the time of subscription. Annual subscriptions attract a discount as stated on the pricing page.

5.3 Payment

Invoices are issued at the start of each Subscription Period and are payable within 14 days of the invoice date unless otherwise agreed in writing. Payment may be made by:

Mobile money (via the mobile payment prompt or Paybill)
Bank transfer to Elimu Bora’s designated bank account
Such other methods as Elimu Bora may make available from time to time

5.4 Late Payment

If payment is not received within 14 days of the invoice date:

Elimu Bora will send a payment reminder
If payment remains outstanding after 30 days, Elimu Bora reserves the right to suspend the School’s access to the Platform (a “Subscription Pause”)
During a Subscription Pause, the School’s data is preserved but Authorised Users cannot log in or access the Platform
Access will be restored promptly upon receipt of all outstanding payments
Elimu Bora will not delete School Data due to non-payment without first providing 90 days’ written notice

5.5 SMS Charges

SMS notifications (where enabled and available) are billed separately from the subscription fee. SMS charges are based on actual usage at the per-message rate stated in the School’s subscription agreement. Unused SMS credits do not carry over between Subscription Periods unless otherwise agreed in writing.

5.6 Price Changes

Elimu Bora may adjust subscription fees at the start of a new Subscription Period. The School will be notified of any fee changes at least 30 days before the new Subscription Period begins. If the School does not agree to the new fees, it may cancel its subscription in accordance with Section 9.

5.7 Taxes

The School is responsible for all applicable taxes, including VAT. Elimu Bora will include VAT on all invoices at the prevailing Kenyan rate. Where required by law, Elimu Bora will provide tax-compliant invoices that include our KRA PIN and comply with applicable electronic tax invoice requirements.

6. School’s Obligations

By using the Platform, the School agrees to:

6.1 Lawful Use

Use the Platform only for its intended purpose: the management and administration of the School’s educational operations. The School must not use the Platform for any unlawful purpose or in any way that violates these Terms or applicable Kenyan law.

6.2 Data Accuracy

Ensure that all data entered into the Platform is accurate, complete, and up to date. Elimu Bora is not responsible for errors, omissions, or decisions made by the School based on inaccurate data entered by its Authorised Users.

6.3 Data Protection Compliance

As the Data Controller for all Personal Data entered into the Platform:

Comply with the Data Protection Act, 2019 and its subsidiary regulations
Obtain and maintain all necessary consents for the processing of Personal Data, including parental or guardian consent for the processing of children’s data (students under 18 years of age) as required by Section 33 of the Data Protection Act
Register with the Office of the Data Protection Commissioner (ODPC) where required under the Data Protection (Registration of Data Controllers and Data Processors) Regulations, 2021
Enter into and comply with the terms of our Data Processing Agreement
Not enter into the Platform any Personal Data that is not necessary for school administration purposes (data minimisation)
Respond to data subject access requests from students, guardians, and staff in accordance with the DPA, with our reasonable assistance as described in the Data Processing Agreement

6.4 Mobile Money and Payment Use

If the School uses the Platform’s mobile money integration for fee collection:

The School acknowledges that mobile money payments are processed by a third-party mobile payment provider and are subject to that provider’s terms and conditions
The School is responsible for ensuring that mobile money payment amounts, payer details, and transaction records are accurate
The School must retain payment records for a minimum of 7 years in accordance with KRA requirements
The School must not use the mobile money integration for any purpose other than collecting fees and payments related to its educational operations

6.5 Authorised User Conduct

The School is responsible for the conduct of all its Authorised Users on the Platform. The School must ensure that Authorised Users do not:

Share login credentials with any person
Attempt to access data belonging to another school or another user’s account
Upload malicious software, viruses, or any harmful content
Attempt to reverse-engineer, decompile, or extract the source code of the Platform
Use the Platform in a way that could damage, disable, or impair its operation
Use student data for any purpose other than educational administration

7. Elimu Bora’s Obligations

7.1 Platform Availability

Elimu Bora will use commercially reasonable efforts to maintain the Platform’s availability. We target 99.5% uptime measured on a monthly basis, excluding:

Scheduled maintenance windows (communicated at least 24 hours in advance where practicable)
Emergency maintenance required to address security vulnerabilities or critical issues
Downtime caused by factors outside our reasonable control, including internet connectivity issues, third-party service outages (for example, our mobile payment provider or our email delivery provider), force majeure events, or actions of the School or its Authorised Users

We do not guarantee uninterrupted or error-free access to the Platform. The uptime target stated above is a service objective, not a contractual guarantee, unless a separate Service Level Agreement (SLA) has been agreed in writing.

7.2 Data Processing

As Data Processor, Elimu Bora will:

Process School Data solely in accordance with the School’s instructions and the terms of the Data Processing Agreement
Implement and maintain appropriate technical and organisational security measures as described in our Privacy Policy
Not access, use, share, or disclose School Data except as necessary to provide the Platform, respond to technical support requests, comply with the law, or as otherwise authorised by the School
Notify the School without undue delay (and in any case within 72 hours) of any personal data breach affecting School Data
Assist the School in responding to data subject access requests as described in the Data Processing Agreement

7.3 Data Isolation

The Platform is used by many schools, and Elimu Bora maintains appropriate technical and organisational measures so that each School’s data is kept separate from that of every other School: no School (or its Authorised Users) can access, view, or modify another School’s data. The specific security measures we apply are described in our Privacy Policy and Data Processing Agreement.

7.4 Support

Elimu Bora provides technical support via:

Email: support@elimuboraerp.com
WhatsApp: +254 798 646 579

Support hours are Monday to Friday, 8:00 AM to 6:00 PM East Africa Time (EAT), excluding Kenyan public holidays. Critical issues (Platform-wide outages, data breach concerns) are monitored outside business hours on a best-effort basis.

Response times depend on issue severity:

Critical (Platform-wide outage or data breach): initial response within 4 hours
High (module or feature unavailable for multiple users): initial response within 8 business hours
Medium (issue affecting a single user or non-critical feature): initial response within 24 business hours
Low (general enquiry, feature request): initial response within 48 business hours

8. Intellectual Property

8.1 Elimu Bora’s IP

The Platform, including its source code, design, architecture, documentation, branding, trademarks, and all related intellectual property, is and remains the exclusive property of Elimu Bora. These Terms do not transfer any ownership rights to the School.

The School is granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its internal school management purposes during the active Subscription Period. This licence terminates automatically upon expiry or termination of the subscription.

8.2 School Data Ownership

The School retains full ownership of all School Data entered into the Platform. Elimu Bora claims no ownership, intellectual property rights, or proprietary interest in School Data.

8.3 Feedback

If the School provides suggestions, feature requests, or other feedback about the Platform, Elimu Bora may use such feedback to improve the Platform without obligation or compensation to the School.

9. Cancellation and Termination

9.1 Cancellation by the School

The School may cancel its subscription at any time by providing written notice to Elimu Bora at sales@elimuboraerp.com. Cancellation takes effect at the end of the current Subscription Period. The School will not be charged for subsequent Subscription Periods after the cancellation takes effect.

No mid-period refunds: Subscription fees are non-refundable for the current Subscription Period. If the School cancels during a Subscription Period, it retains access to the Platform until the end of that period.

9.2 Cancellation During Free Trial

If the School is on a free trial, it may cancel at any time during the trial period without charge. At the end of the trial period, the School must subscribe to a paid Plan to continue using the Platform. If the School does not subscribe, its access will be suspended. Trial data will be retained for 30 days after trial expiry, after which it may be permanently deleted unless the School subscribes.

9.3 Termination by Elimu Bora

Elimu Bora may terminate the School’s subscription immediately or with notice in the following circumstances:

Material breach: The School materially breaches these Terms and fails to remedy the breach within 14 days of receiving written notice from Elimu Bora
Non-payment: Subscription fees remain outstanding for more than 90 days despite written reminders
Illegal use: The School uses the Platform for any purpose that is unlawful under Kenyan law
Data protection violation: The School’s use of the Platform results in a serious breach of the Data Protection Act, 2019, for example by processing student data without required parental consent, or using student data for purposes unrelated to education
Harm to the Platform: The School’s use of the Platform threatens the security, integrity, or availability of the Platform for other schools

Before terminating for material breach or non-payment, Elimu Bora will provide written notice specifying the breach and allowing a reasonable opportunity to remedy it (at least 14 days), except where the breach relates to illegal use or an immediate threat to Platform security.

9.4 Effect of Termination

Upon termination or expiry of the subscription:

The School’s Authorised Users will lose access to the Platform
Elimu Bora will provide the School with an opportunity to export all School Data within 30 days of termination
School Data will be retained in read-only form for a transition period of 90 days following the effective date of termination
After the 90-day transition period, all School Data, including both its records and its stored files, will be permanently deleted, unless a longer retention period is required by law or specifically agreed in writing
Financial records may be retained by Elimu Bora for up to 7 years in compliance with KRA requirements, even after deletion of other School Data
Any outstanding fees remain payable

10. Limitation of Liability

10.1 Exclusion of Certain Damages

To the maximum extent permitted by Kenyan law, Elimu Bora shall not be liable for:

Any indirect, incidental, consequential, special, or punitive damages
Loss of revenue, profits, data (except as caused by Elimu Bora’s gross negligence or wilful misconduct), goodwill, or business opportunity
Any loss arising from the School’s reliance on data entered by its own Authorised Users
Any loss arising from the unavailability of third-party services integrated with the Platform (including mobile money, email delivery, and internet connectivity)
Any loss arising from the School’s failure to maintain Account security or to comply with these Terms

10.2 Cap on Liability

Elimu Bora’s total aggregate liability to the School under or in connection with these Terms, whether in contract, tort, negligence, or otherwise, shall not exceed the total subscription fees paid by the School to Elimu Bora in the 12 months immediately preceding the event giving rise to the claim.

10.3 Exceptions

Nothing in this Section 10 limits Elimu Bora’s liability for:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded or limited by applicable Kenyan law
Breaches of our obligations under the Data Protection Act, 2019 that are attributable to our wilful misconduct or gross negligence as Data Processor

10.4 No Warranty

The Platform is provided “as is” and “as available”. Elimu Bora makes no warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform will be error-free, uninterrupted, or free of harmful components.

11. Indemnification

11.1 School’s Indemnity

The School agrees to indemnify, defend, and hold harmless Elimu Bora, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

The School’s breach of these Terms
The School’s violation of the Data Protection Act, 2019, including failure to obtain required consents for processing children’s data
The School’s violation of any applicable Kenyan law
Any third-party claim arising from data entered into the Platform by the School’s Authorised Users
The School’s use of the mobile money integration in violation of the mobile payment provider’s terms

11.2 Elimu Bora’s Indemnity

Elimu Bora will indemnify the School against any third-party claim that the Platform infringes the intellectual property rights of a third party under Kenyan law, provided that:

The School notifies Elimu Bora promptly of any such claim
The School grants Elimu Bora sole control of the defence and settlement
The School cooperates reasonably with Elimu Bora’s defence

This indemnity does not apply to the extent the claim arises from School Data, modifications made by the School, or use of the Platform in a manner not authorised by these Terms.

12. Data Backup and Recovery

Elimu Bora maintains regular automated backups of School Data. Backups are retained for a minimum of 30 days. In the event of data loss caused by a Platform failure, Elimu Bora will use commercially reasonable efforts to restore School Data from the most recent available backup.

Elimu Bora is not responsible for data loss caused by:

Actions of the School’s Authorised Users (e.g., accidental deletion of records, though soft-delete protections are in place for most critical records)
The School’s failure to maintain accurate records
Events outside Elimu Bora’s reasonable control

The School is encouraged to periodically export critical data using the Platform’s built-in export features as an additional safeguard.

13. Modifications to the Platform

Elimu Bora may update, modify, or enhance the Platform from time to time, including adding new features, improving existing Modules, or making changes required by law or security considerations. We will endeavour to ensure that updates do not materially reduce the core functionality available under the School’s subscribed Plan.

If a planned change will materially reduce functionality previously available under the School’s Plan, Elimu Bora will provide at least 30 days’ advance notice. If the School does not agree with the change, it may cancel its subscription in accordance with Section 9.

14. Modifications to These Terms

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

We will update the “Last Updated” date at the top of this document
We will notify subscribing Schools via email or in-app notification at least 30 days before the changes take effect
The updated Terms will be published at elimuboraerp.com/terms

Continued use of the Platform after the effective date of updated Terms constitutes acceptance of those Terms. If the School does not agree with the updated Terms, it may cancel its subscription in accordance with Section 9 before the changes take effect.

15. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by events beyond the party’s reasonable control, including but not limited to: natural disasters, pandemics, government actions or orders, internet or telecommunications outages, power failures, acts of war or terrorism, or failure of third-party services (including mobile payment providers, cloud hosting providers, or email delivery services).

The affected party must notify the other party promptly and take reasonable steps to mitigate the impact. If a force majeure event continues for more than 60 consecutive days, either party may terminate the subscription by written notice, in which case Elimu Bora will provide a pro-rata refund of prepaid fees for the unused portion of the Subscription Period.

16. Confidentiality

16.1 Confidential Information

Each party acknowledges that it may receive confidential information from the other party during the course of the subscription. “Confidential Information” includes:

For the School: School Data, student and guardian information, financial records, and internal school operations
For Elimu Bora: Platform architecture, pricing models (including Custom Suite pricing), business plans, and proprietary technology

16.2 Obligations

Each party agrees to:

Keep the other party’s Confidential Information confidential and not disclose it to any third party without prior written consent, except as required by law, regulation, or court order
Use the other party’s Confidential Information only for the purposes of performing its obligations or exercising its rights under these Terms
Take reasonable measures to protect Confidential Information from unauthorised disclosure

16.3 Exclusions

Information is not Confidential Information if it:

Was already publicly available at the time of disclosure (through no fault of the receiving party)
Was independently developed by the receiving party without reference to the disclosing party’s information
Was lawfully received from a third party without restriction on disclosure

17. Dispute Resolution

17.1 Informal Resolution

The parties will first attempt to resolve any dispute arising out of or in connection with these Terms through good-faith negotiation. Either party may initiate this process by sending a written notice describing the dispute to the other party. The parties will have 30 days from the date of such notice to attempt resolution.

17.2 Mediation

If the dispute is not resolved through negotiation within 30 days, either party may refer the dispute to mediation under the rules of the Nairobi Centre for International Arbitration (NCIA) or such other mediation body as the parties may agree.

17.3 Litigation

If mediation fails or is not pursued, either party may bring proceedings before the courts of Kenya. The courts of Kenya shall have exclusive jurisdiction over any dispute arising from or in connection with these Terms.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy, the Data Processing Agreement, and any subscription confirmation or order form, constitute the entire agreement between the parties regarding the use of the Platform. They supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

18.3 No Waiver

Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that party’s right to enforce that provision or any other provision in the future.

18.4 Assignment

The School may not assign, transfer, or delegate its rights or obligations under these Terms without Elimu Bora’s prior written consent. Elimu Bora may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee agrees to be bound by these Terms.

18.5 Notices

All notices under these Terms must be in writing and sent to:

To Elimu Bora: legal@elimuboraerp.com, or by post to P.O. Box 10175-00100, Nairobi, Kenya
To the School: The email address associated with the School’s Account administrator

Notices sent by email are deemed received on the date of sending, provided no delivery failure notification is received. Notices sent by post are deemed received 7 days after posting.

18.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties. Neither party has the authority to bind the other.

18.7 Third-Party Rights

These Terms do not confer any rights on any person or entity other than the parties to these Terms, except that Authorised Users benefit from the Platform access granted under the School’s subscription (without being parties to these Terms).

18.8 Survival

The following Sections survive termination or expiry of these Terms: Section 8 (Intellectual Property), Section 9.4 (Effect of Termination), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 16 (Confidentiality), Section 17 (Dispute Resolution), and Section 18 (General Provisions).

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya.

20. Contact Information

If you have questions about these Terms, please contact us:

Elimu Bora Email: legal@elimuboraerp.com Phone: +254 798 646 579 Address: P.O. Box 10175-00100, Nairobi, Kenya

These Terms of Service were last reviewed on Mon 1 Jun, 2026.