Terms of Service

1. Introduction

These Terms of Service ("Terms") govern access to and use of the SomaSmart platform at somasmart.site and related services, operated by Alphawonders ("SomaSmart", "we", "us"). By creating an account, subscribing, or using the platform, the school and each user ("you") agree to these Terms. If you do not agree, do not use the platform.

2. Accounts and eligibility

• SomaSmart is a business-to-business service intended for schools and education offices. The school subscribes and authorises accounts for its administrators, teachers, parents, and learners.
• Administrators must have authority to bind the school to these Terms and to enable accounts for others, including minors, in compliance with applicable law.
• You are responsible for keeping login credentials confidential and for all activity under your account. Notify us promptly of any unauthorised use.
• Accounts for learners who are minors must be created and managed under the school's and parents'/guardians' supervision and consent as required by Kenyan law.

3. Acceptable use

You agree not to:

• use the platform for any unlawful, harmful, or fraudulent purpose;
• upload malicious code or attempt to breach security or access other schools' data;
• reverse-engineer, copy, resell, or sublicense the platform except as permitted by law;
• misuse the AI features to generate unlawful, harassing, or harmful content;
• infringe the intellectual property or privacy rights of others;
• overload or interfere with the platform's infrastructure or bypass usage limits.

We may suspend access to protect the platform, its users, or third parties where these Terms are breached.

4. Subscriptions, trials, billing, and refunds

• Subscription tiers. SomaSmart is offered on subscription tiers with different feature sets and usage allowances, as described at the point of sale.
• Trials. Free trials or founding-program terms, where offered, apply for the stated period and may convert to a paid subscription unless cancelled beforehand.
• Billing. Fees are billed in Kenyan Shillings (KES) on the agreed cycle. Payments are processed through Safaricom M-Pesa via the Daraja API and through Paystack. You authorise the applicable charges for your chosen tier.
• Taxes. Fees are exclusive of any applicable taxes, which are your responsibility unless stated otherwise.
• Late or failed payment. We may suspend or downgrade access where payment is overdue, after reasonable notice.
• Refunds. Except where required by law or expressly agreed in writing, fees already paid are non-refundable. Any refund terms specific to a school's agreement prevail over this clause.

5. School responsibilities

• The school is the data controller and is responsible for the lawfulness of the data it uploads and the instructions it gives SomaSmart as processor.
• The school must obtain any consents required (including parental consent for minors), maintain accurate records, and inform its community how their data is used.
• The school is responsible for managing user roles and permissions and for the conduct of users it authorises.
• The school must use the platform in compliance with the Data Protection Act, 2019, the CBC framework where relevant, and other applicable laws.

6. Intellectual property

The SomaSmart platform, including its software, design, and branding, is owned by Alphawonders and protected by law. We grant the school a limited, non-exclusive, non-transferable right to use the platform during the subscription term.

Your content. The school and its users retain ownership of the data and content they upload ("School Content"). You grant us a limited licence to host, process, and transmit School Content solely to provide and support the service, including routing content to sub-processors such as AI, payment, and messaging providers as described in our Privacy Policy.

7. AI features and outputs

SomaSmart includes AI-assisted tutoring, lesson planning, quiz generation, and grading assistance. AI outputs can be inaccurate or incomplete and are provided as a support tool, not a substitute for professional judgement. Teachers and administrators should review AI outputs before relying on them for grading, reporting, or decisions affecting learners.

8. Third-party services

The platform integrates third-party services (for example, M-Pesa/Daraja, Paystack, Africa's Talking, and AI providers). Your use of those integrations may also be subject to the third party's terms. We are not responsible for the acts or omissions of third-party providers beyond our obligations as described in our Privacy and Data Protection documents.

9. Disclaimers

The platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and uninterrupted or error-free operation. We do not warrant that AI outputs are accurate or suitable for any specific academic or administrative decision.

10. Limitation of liability

To the fullest extent permitted by law, SomaSmart and Alphawonders will not be liable for any indirect, incidental, special, or consequential loss, or for loss of data, revenue, or goodwill. Our total aggregate liability arising out of or relating to the service will not exceed the fees paid by the school for the platform in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes liability that cannot be excluded under applicable law.

11. Suspension and termination

• Either party may terminate the subscription in line with the school's agreement or by ceasing use at the end of a billing cycle.
• We may suspend or terminate access for breach of these Terms, non-payment, or where required by law, with reasonable notice where practicable.
• On termination, we will return or delete School Content as described in our Data Protection document, subject to legal retention requirements.

12. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated to subscribing schools, and the "Last updated" date above will change. Continued use after an update constitutes acceptance of the revised Terms.

13. Governing law and disputes

These Terms are governed by the laws of the Republic of Kenya. The parties will attempt to resolve any dispute amicably; failing that, the courts of Kenya have jurisdiction, without prejudice to any mandatory rights a data subject may have under the Data Protection Act, 2019.

14. Contact us

Alphawonders (operator of SomaSmart)
Concert House, Wood Garden Rd, Kilimani, Nairobi
Mon-Fri 8AM-5PM · Sat 9AM-1PM
Email: info@alphawonders.com
Web: somasmart.site