Terms of Service

1. Who these terms are between

These terms are an agreement between the school named at registration (the School, you) and Tocademy (we, us), the operator of the Tocademy platform (the Platform).

By ticking "I agree" on the registration form, the person registering confirms that they are authorised to register the School and to accept these terms on its behalf, and the School is bound by them from that moment. We record the date and time of that acceptance against the School's account.

2. Registration and accounts

You must give accurate registration details and keep them current. Registration is complete when the email address given is verified. We then issue the School a School ID and a web address of its own; the School ID identifies the School when signing in on the Tocademy site, and is not needed on the School's own address.

The School is responsible for everyone it gives an account to — staff, parents and students — and for what they do with it, for keeping passwords and one-time codes private, and for removing access from people who leave. Tell us at once if you believe an account has been compromised.

3. The service

The Platform provides tools for running a school: classes and sections, enrolment, attendance, assessments and results, report cards, fees and payments, communication with parents, and the administration around them. What is included depends on the plan the School subscribes to, as described on the pricing page at the time of subscription.

We improve the Platform continually and may add, change or retire features. Where a change removes something a plan includes, we give reasonable notice through the dashboard or by email to the School's registered address.

4. Plans, fees and payment

Plans are priced as shown on the pricing page. A trial, where offered, is free for its stated period and converts to a paid plan only when the School chooses one. Subscription fees are invoiced in advance for each billing period and are payable in Nigerian Naira through the payment methods offered on the Platform. Prices shown exclude value added tax unless stated otherwise; where VAT applies it is added at the prevailing rate.

If an invoice is not paid by its due date we may, after the grace period shown on the invoice, restrict or suspend the School's access until it is settled. Suspension does not delete the School's records. Fees already paid are not refundable except where a plan expressly says so or the law requires it.

5. The School's records and the people in them

Everything the School enters into the Platform — pupils, guardians, staff, results, attendance, fee records and the rest — belongs to the School. The School is the data controller of that information under the Nigeria Data Protection Act 2023 and the Nigeria Data Protection Regulation; we process it as the School's data processor, on the School's instructions and as described in our Privacy Policy.

The School is responsible for having a lawful basis to record and use that information, including any consent required from parents or guardians for the children in its care, and for telling the people concerned how their information is used. We will assist the School with requests from those people as the Privacy Policy sets out.

6. Acceptable use

You must not, and must not allow your users to:

• use the Platform for anything unlawful, or to store or send unlawful, defamatory or abusive content;
• attempt to access another school's records, accounts or subdomain, or to probe, scan or test the security of the Platform without our written permission;
• upload malicious code, or use the Platform in a way that disrupts it for others;
• resell, sublicense or provide the Platform to a third party as a service of your own;
• send messages through the Platform to people who have not agreed to receive them from the School.

7. Availability, support and backups

We work to keep the Platform available at all times, but do not promise that it will be uninterrupted or error-free. We may take it offline for maintenance, and will give notice of planned maintenance where practicable. We keep regular backups of the Platform's data. The School should still keep its own copies of anything it cannot afford to lose, using the reports and downloads the Platform provides.

Support is provided by email at the address in section 13 during Nigerian business hours.

8. Intellectual property

The Platform, its software, design and documentation are ours or our licensors', and nothing in these terms transfers them to you. The School keeps all rights in its own records and content, and grants us only the licence needed to host, display, back up and process that content in order to provide the service.

9. Suspension, cancellation and what happens to your data

We may suspend the School's access for non-payment (section 4), for a breach of section 6, or where the law requires it, and will tell the School why. The School may cancel its subscription at any time by writing to us (section 13) from its registered email address; we cancel it on that instruction, there is nothing further to pay, and from then on the School's users can no longer sign in.

After cancellation the School's records are kept, not deleted: a school that returns finds them intact, and the billing and audit records we must keep remain in any case. A School that wants a copy of its records asks for it — before cancelling, using the reports and downloads the Platform provides, or afterwards by writing to us. A School that wants its records erased writes to us; we carry out the erasure as an explicit, recorded action and keep only what accounting and tax law require, as the Privacy Policy sets out. A school that registered but never completed set-up may be removed by us, together with its records, after a reasonable period.

10. Liability

Nothing in these terms limits liability that cannot be limited under Nigerian law. Subject to that, we are not liable for indirect or consequential loss, loss of profit or loss of data caused by circumstances outside our reasonable control, and our total liability to the School under these terms in any twelve-month period is limited to the subscription fees the School paid us in that period. The Platform is a tool for the School's own administration; decisions about pupils, results, fees and staff remain the School's.

11. Changes to these terms

We may change these terms. Where a change is material we will give the School at least 30 days' notice by email to its registered address and through the dashboard. Continuing to use the Platform after the change takes effect is acceptance of the new terms; a School that does not accept them may cancel under section 9.

12. Governing law

These terms are governed by the laws of the Federal Republic of Nigeria. We and the School will try to resolve any dispute by discussion first; a dispute that cannot be resolved that way may be brought before the courts of Nigeria.

13. Contact

Questions about these terms: contact@schoolms.ng.