Last Updated: October 9, 2025 | Effective Date: October 9, 2025
Welcome to Analytica. These Terms of Service ("Terms") constitute a legally binding agreement between you (the "User," "School," "Institution," or "you") and Analytica ("we," "us," or "our") regarding your access to and use of the Analytica school assessment system platform and related services available at analytica.co.ke.
By accessing, registering for, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our services.
If you are entering into these Terms on behalf of a school, educational institution, or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
Analytica provides a comprehensive cloud-based school assessment and management system designed for educational institutions. Our services include but are not limited to:
Student performance tracking and academic analytics
Assessment creation, administration, and grading tools
Report generation and data visualization
Attendance tracking and behavior management
Parent and teacher communication portals
Administrative dashboards and institutional analytics
Data export and integration capabilities
Technical support and training resources
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, though we will make reasonable efforts to notify active subscribers of material changes.
Eligibility Requirements:
You must be a registered educational institution, school, or authorized representative thereof
You must be at least 18 years of age or the age of majority in your jurisdiction
You must have the legal authority to enter into binding contracts
You must provide accurate, current, and complete information during registration
You must maintain and promptly update your account information
Account Security:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
Immediately notify us of any unauthorized use of your account
Ensure that you log out from your account at the end of each session
Use strong, unique passwords and update them regularly
Not share your login credentials with unauthorized persons
We will not be liable for any loss or damage arising from your failure to comply with account security obligations.
Analytica offers a free trial period to prospective institutional clients to evaluate our services before committing to a paid subscription.
Trial Terms:
The duration of the free trial period is mutually agreed upon between Analytica and the institution at the time of registration
Trial periods typically range from 14 to 90 days, depending on institutional needs and evaluation requirements
During the trial, you will have access to full or limited features as specified in your trial agreement
No payment information is required to start a trial unless otherwise specified
Free trials are limited to one per institution unless otherwise approved by Analytica
We reserve the right to terminate trial access at any time for misuse or violation of these Terms
End of Trial:
At the conclusion of the trial period, your access to the platform will be suspended unless you proceed with paid subscription
Data entered during the trial period will be retained for 30 days after trial expiration to allow for subscription activation
After 30 days without subscription activation, trial data may be archived or deleted
You will receive notifications prior to trial expiration and data deletion
Upon deciding to proceed with Analytica services after the trial period, institutions are required to pay a one-time installation and setup fee.
Installation Fee Includes:
Initial system configuration and customization for your institution
Data migration from existing systems (if applicable)
User account setup and role configuration
Staff training sessions and onboarding materials
Integration with existing school management systems (where applicable)
Technical setup and optimization
Initial support during deployment phase
Payment Terms:
Installation fees are quoted individually based on institution size, requirements, and complexity
Payment is due before installation and setup services commence
Installation fees are non-refundable once setup work has begun
Payment can be made via bank transfer, mobile money, or other approved payment methods
Following installation, continued access to Analytica services requires an active paid subscription.
Subscription Structure:
Subscriptions are billed on an annual basis unless otherwise agreed in writing
Subscription fees are calculated based on factors including but not limited to: number of students, number of users, features enabled, and institutional requirements
Custom pricing tiers are available for large institutions or multi-campus organizations
All subscription fees are quoted in Kenya Shillings (KES) or US Dollars (USD) as agreed
Annual Renewal:
Subscriptions automatically renew annually on the anniversary of your subscription start date
Renewal invoices will be sent 60 days prior to the renewal date
Payment for renewal is due 30 days before the renewal date to ensure uninterrupted service
Failure to pay renewal fees may result in service suspension or termination
Subscription fees may be adjusted annually with 90 days written notice
Payment Methods:
Direct bank transfer to designated Analytica accounts
Mobile money payments (M-Pesa, Airtel Money, etc.)
Cheque payments (subject to clearance)
Other payment methods as mutually agreed
Late Payments:
Late payment may result in service suspension after 7 days past due date
Service will be terminated if payment is not received within 30 days of due date
Late fees may apply at 2% per month on overdue balances
Reactivation after suspension may require payment of a reactivation fee
General Policy:
Installation fees are non-refundable once setup services have commenced
Annual subscription fees are non-refundable except as required by applicable law
Refunds may be considered on a case-by-case basis for extenuating circumstances
Service credits may be offered instead of refunds at our discretion
Exceptional Circumstances:
Refunds may be granted within 30 days of initial payment if:
The platform fails to perform as described and we are unable to resolve the issues
There are material errors in billing that cannot be corrected through credits
Circumstances arise that prevent service delivery through no fault of the customer
You agree to use Analytica services only for lawful purposes and in accordance with these Terms. You agree NOT to:
Violate any applicable laws, regulations, or third-party rights
Upload, transmit, or distribute any malicious code, viruses, or harmful software
Attempt to gain unauthorized access to our systems or other users' accounts
Reverse engineer, decompile, or disassemble any portion of our software
Use automated systems (bots, scrapers) to access our services without permission
Share your account access with unauthorized third parties
Resell or redistribute our services without written authorization
Use the platform to store, transmit, or distribute inappropriate or illegal content
Interfere with or disrupt the operation of our services or servers
Impersonate another user or provide false information
Harass, abuse, or harm other users of the platform
Violation of these acceptable use policies may result in immediate account suspension or termination without refund.
Your Data:
You retain all ownership rights to the data you input into the Analytica platform, including student records, assessment data, and institutional information
You grant us a limited license to use, process, and store your data solely for the purpose of providing services to you
We will not sell, share, or use your data for purposes other than service provision except as required by law or with your explicit consent
You are responsible for ensuring you have the right to upload and process all data entered into our system
Our Rights:
We own all rights to the Analytica platform, including software, algorithms, designs, trademarks, and documentation
We may use aggregated, anonymized data for analytics, service improvement, and research purposes
We reserve the right to use customer testimonials and case studies with prior approval
Data Portability:
You may export your data at any time during your active subscription
Upon termination, you have 30 days to export your data before it is archived
Data export is provided in standard formats (CSV, PDF, JSON) as applicable
Service Level:
We strive to maintain 99% uptime for our services, excluding scheduled maintenance
Scheduled maintenance will be announced at least 48 hours in advance when possible
Emergency maintenance may be performed without advance notice
We do not guarantee uninterrupted or error-free service and are not liable for service interruptions
Technical Support:
Email support is available Monday through Friday, 8:00 AM to 5:00 PM EAT
Phone support is available during business hours for urgent issues
Response time for support requests is typically within 24-48 hours
Critical issues affecting multiple users receive priority attention
Self-service resources including documentation and video tutorials are available 24/7
Termination by You:
You may terminate your subscription by providing 30 days written notice before the renewal date
Early termination during an active subscription period does not entitle you to a refund
You must export all data before termination; we are not responsible for data after termination
Termination by Us:
We may suspend or terminate your access immediately without refund if:
You breach any provision of these Terms
Payment is more than 30 days overdue
You engage in fraudulent or illegal activities
Your use poses a security risk or causes harm to our systems or other users
We are required to do so by law or regulatory authority
Effects of Termination:
All access to the platform will cease immediately
You will have 30 days to export your data, after which it may be permanently deleted
Outstanding payments remain due and payable
Provisions of these Terms that by their nature should survive will remain in effect
Limited Warranty:
We warrant that our services will perform substantially in accordance with our documentation under normal use. This warranty does not cover issues arising from misuse, modifications, or use with incompatible systems.
DISCLAIMER:
EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
Warranties of merchantability or fitness for a particular purpose
Warranties of accuracy, reliability, or completeness of content
Warranties of uninterrupted or error-free service
Warranties regarding security or freedom from viruses
We do not warrant that the services will meet your specific requirements or that defects will be corrected, though we will make commercially reasonable efforts to do so.
IMPORTANT - PLEASE READ CAREFULLY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANALYTICA SHALL NOT BE LIABLE FOR:
Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Service interruptions or unavailability
Unauthorized access to or alteration of your data due to user negligence
Actions or omissions of third parties
Data breaches resulting from users sharing credentials or granting inappropriate access
Decisions made based on data or reports generated by our platform
Loss or corruption of data due to user error or system failures
IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
These limitations apply regardless of the legal theory on which the claim is based (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Analytica, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:
Your use or misuse of our services
Your violation of these Terms or any applicable laws
Your violation of any third-party rights
Data you upload, transmit, or process through our platform
Unauthorized access to data resulting from your negligence (credential sharing, improper access controls, etc.)
Actions of users you have authorized to access the platform
Governing Law:
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.
Dispute Resolution Process:
Negotiation: Parties agree to first attempt to resolve disputes through good-faith negotiations for 30 days
Mediation: If negotiation fails, parties agree to mediation before pursuing litigation
Arbitration: Disputes not resolved through mediation may be submitted to binding arbitration in Nairobi, Kenya
Litigation: As a last resort, disputes may be brought before the courts of Kenya
Jurisdiction:
You irrevocably submit to the exclusive jurisdiction of the courts located in Nairobi, Kenya for any legal proceedings arising from these Terms.
We reserve the right to modify these Terms at any time. When we make material changes, we will:
Post the updated Terms on our website with a new "Last Updated" date
Send email notification to all registered users at least 30 days before changes take effect
Display a prominent notice within the platform
Your continued use of our services after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use and may terminate your subscription.
Entire Agreement:
These Terms, together with our Privacy Policy and any written agreements between us, constitute the entire agreement regarding your use of our services.
Severability:
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver:
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment:
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
Force Majeure:
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or fuel crises.
For questions, concerns, or notices regarding these Terms of Service, please contact us: