Terms & Conditions

1. Introduction

Welcome to Recess (“we”, “our”, “us”). These Terms and Conditions (“Terms”) govern your access to and use of the Recess platform, including our websites, applications, and services (collectively, the “Platform”).

By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, you may not use the Platform.

2. Definitions

• “School” means any educational institution registered on the Platform.
• “User” means any individual who accesses the Platform, including school administrators, teachers, students, parents, and partners.
• “Account” means the user profile created to access the Platform.
• “Content” means any data, text, images, files, or materials uploaded to or generated by the Platform.
• “Services” means all features, tools, and functionalities provided through the Platform.
• “Subscription” means the paid plan under which a School accesses the Platform.

3. Eligibility

3.1. The Platform is intended for use by registered educational institutions and their authorised users.

3.2. School accounts must be created by an authorised representative of the institution (aged 18 or older).

3.3. Student accounts are created and managed by the School. Parents/guardians must consent to their child’s use of the Platform where required by applicable law.

4. Account Registration and Security

4.1. You must provide accurate, complete, and current information during registration.

4.2. You are responsible for maintaining the confidentiality of your account credentials.

4.3. You must notify us immediately of any unauthorised access to your account.

4.4. We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

5. Use of the Platform

5.1. Permitted Use

You may use the Platform solely for legitimate educational administration, communication, and management purposes.

5.2. Prohibited Use

You may not:

• Use the Platform for any unlawful purpose
• Upload content that is defamatory, obscene, harmful, or infringes intellectual property rights
• Attempt to gain unauthorised access to other accounts or Platform systems
• Reverse-engineer, decompile, or disassemble any part of the Platform
• Use automated tools (bots, scrapers) to access the Platform without our written consent
• Resell, sublicense, or redistribute access to the Platform
• Use the Platform to harass, bully, or harm any individual

6. Subscriptions and Payments

6.1. Access to certain features requires a paid Subscription. Pricing, billing cycles, and included features are set out on our Pricing page and in your Subscription agreement.

6.2. Subscriptions are billed in advance (pre-paid) or arrears (post-paid) depending on your plan.

6.3. Billing cycles may be termly, semester-based, annual, or custom as agreed.

6.4. All fees are quoted in the applicable local currency and are exclusive of taxes unless stated otherwise.

6.5. Payment methods include mobile money (M-Pesa, MTN MoMo, Airtel Money, Telebirr), bank transfer, credit/debit card, PayStack, PayFast, and Stripe, subject to availability in your region.

6.6. Late payments may result in suspension of access. Continued non-payment may result in termination and data deletion after a grace period (with prior written notice).

6.7. Refunds are handled on a case-by-case basis. Contact support@recess.school for refund requests.

7. School Fee Collection

7.1. The Platform provides tools for Schools to manage student fee invoicing and payment tracking.

7.2. Recess acts solely as a technology provider. We do not act as a payment processor, bank, or financial institution.

7.3. Schools are responsible for the accuracy of fee structures, invoices, and financial records created on the Platform.

7.4. Any disputes regarding school fees are between the School and the parent/guardian. Recess is not a party to such disputes.

8. Content and Intellectual Property

8.1. Your Content. You retain ownership of all Content you upload to the Platform. By uploading Content, you grant Recess a limited, non-exclusive licence to store, process, and display that Content solely for the purpose of providing the Services.

8.2. Our Platform. The Platform, including its design, code, features, and documentation, is owned by Recess and protected by intellectual property laws. You may not copy, modify, or create derivative works based on the Platform.

8.3. Feedback. If you provide suggestions or feedback about the Platform, we may use it to improve our Services without obligation to you.

9. Data and Privacy

9.1. Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms.

9.2. Schools are responsible for ensuring they have appropriate consent to upload student, parent, and teacher data to the Platform.

9.3. We comply with applicable data protection laws in the jurisdictions where we operate.

10. Availability and Support

10.1. We strive to maintain the Platform’s availability but do not guarantee uninterrupted or error-free access.

10.2. We may perform scheduled maintenance with reasonable advance notice.

10.3. Support is available via email at support@recess.school during business hours.

11. Termination

11.1. By You. You may cancel your Subscription or close your account at any time by contacting us.

11.2. By Us. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or engage in conduct that harms the Platform or other users.

11.3. Effect of Termination. Upon termination, your access to the Platform will cease. We will retain your data for a reasonable period (typically 90 days) to allow for data export, after which it may be permanently deleted.

12. Limitation of Liability

12.1. To the maximum extent permitted by law, Recess shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform.

12.2. Our total liability for any claim related to the Platform shall not exceed the amount you paid to us in the 12 months preceding the claim.

12.3. We are not liable for any loss resulting from: (a) your failure to maintain account security; (b) inaccurate data entered by you or your users; (c) third-party service outages; or (d) force majeure events.

13. Indemnification

You agree to indemnify and hold harmless Recess, its officers, directors, employees, and agents from any claims, losses, or damages (including legal fees) arising from your use of the Platform or violation of these Terms.

14. Modifications to Terms

14.1. We may update these Terms from time to time. Material changes will be communicated via email or Platform notification at least 30 days before they take effect.

14.2. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

15. Governing Law and Disputes

15.1. These Terms are governed by the laws of Kenya.

15.2. Any disputes arising from these Terms shall first be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to the courts of competent jurisdiction in Nairobi, Kenya.

16. General Provisions

16.1. Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Recess.

16.2. Severability. If any provision is found to be unenforceable, the remaining provisions shall continue in full force.

16.3. Waiver. Our failure to enforce any right does not constitute a waiver of that right.

16.4. Assignment. You may not assign your rights under these Terms without our consent. We may assign our rights freely.

17. Contact Us

For questions about these Terms:

• Email: legal@recess.school