Effective date: 5 July 2026
1. Parties, definitions, and contract order
M-Elimu is a brand of FrontL Hawk LTD, a company registered in Kenya. “M-Elimu”, “FrontL Hawk LTD”, “we”, “us”, and “our” mean FrontL Hawk LTD as the owner and operator of the M-Elimu platform. “Customer” means the school, school group, organisation, or person purchasing or receiving institutional services. “Authorised User” means a person permitted by a Customer to use an account. “Customer Data” means data submitted to the platform by or for a Customer. “Services” means the M-Elimu website, software, portals, support, and related services.
These public terms apply unless a signed service agreement, order form, data-processing agreement, or other written contract states otherwise. If documents conflict, the following order applies unless the signed documents provide another order: data-processing agreement for data-protection matters; signed service agreement; order form; these terms; then referenced policies. Consumer rights and other rights that cannot lawfully be excluded remain unaffected.
2. Eligibility and authority
You must have legal capacity to agree to these terms. A person accepting for an organisation represents that they are authorised to do so. Children may use learner-facing features only through an account and process authorised by their school and, where required, parent or guardian. The Services are not offered to children as an unsupervised consumer product.
3. The Services and limited licence
Subject to payment, the applicable subscription, and compliance with the agreement, M-Elimu grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term for its Authorised Users to access and use the Services for legitimate internal school operations.
Features, storage, usage limits, support, onboarding, service levels, and implementation work depend on the selected plan and signed documents. No right is granted except as expressly stated. M-Elimu may improve, replace, or discontinue features, provided that we will not materially reduce contracted core functionality during a paid term without a reasonable substitute, notice, remedy, or other treatment required by the applicable agreement or law.
4. Accounts and Customer responsibilities
The Customer is responsible for:
- providing accurate registration and billing information and keeping it current;
- appointing administrators and assigning least-privilege access appropriate to each role;
- all activity under its accounts except to the extent caused by M-Elimu's breach;
- protecting credentials, preventing shared accounts where individual accounts are provided, and promptly revoking access when a user leaves or changes role;
- ensuring Customer Data is lawful, accurate, relevant, and supplied with all required notices, authority, consent, or other lawful basis;
- configuring workflows, reviewing outputs, maintaining appropriate internal controls, and making final school decisions;
- keeping its devices, networks, exports, and downloaded records secure; and
- promptly notifying M-Elimu of suspected unauthorised access, vulnerabilities, or misuse.
Authorised Users must follow Customer policies and instructions. A Customer is responsible for acts and omissions of its Authorised Users as if they were the Customer's own.
5. Acceptable use
You must not, and must not enable another person to:
- access the Services or data without authority, impersonate another person, evade access controls, or test security without written permission;
- upload malware, destructive code, unlawful material, or content that infringes privacy, confidentiality, intellectual-property, or other rights;
- use the Services to exploit, harm, profile for unlawful discrimination, or unlawfully market to a child;
- harass, threaten, defame, deceive, or facilitate unlawful conduct;
- interfere with availability, overload infrastructure, scrape at scale, or use automated access except through authorised interfaces;
- reverse engineer, decompile, copy, frame, resell, rent, sublicense, or create a competing service from M-Elimu except to the limited extent a restriction is prohibited by law;
- remove proprietary notices or misrepresent ownership or endorsement;
- submit data you are not entitled to process or expose one school's records to another school; or
- use the Services in breach of the Data Protection Act, Computer Misuse and Cybercrimes Act, education requirements, safeguarding duties, or other applicable law.
We may investigate suspected misuse, preserve relevant evidence, restrict affected access, and cooperate with a lawful authority. Security research requires prior written authorisation and agreed scope.
6. Subscriptions, fees, taxes, and payment
Fees, billing dates, subscription length, user or learner limits, and renewal terms are stated in the order form or service agreement. Unless that document says otherwise, fees are invoiced in advance, exclusive of applicable taxes, and non-refundable except where these terms, the signed agreement, or law provides a refund.
The Customer must pay undisputed amounts when due and raise a good-faith invoice dispute promptly with enough detail to investigate it. Late amounts may attract only lawful charges stated in the applicable agreement. Payment-provider processing is also subject to that provider's terms.
7. Suspension
M-Elimu may suspend some or all access where reasonably necessary to prevent or contain a security incident; comply with law or a binding authority; address material acceptable-use violations; protect other customers; or address overdue undisputed fees after required notice. Where circumstances allow, we will provide notice and a reasonable opportunity to remedy the issue. We will limit suspension to the affected scope and restore access when the reason is resolved.
8. Customer Data, privacy, and confidentiality
As between M-Elimu and the Customer, the Customer retains its rights in Customer Data. The Customer authorises M-Elimu and its approved providers to host, copy, transmit, back up, display, and otherwise process Customer Data only as needed to provide, secure, support, and comply with law in relation to the Services.
Each party must protect the other's non-public business, technical, security, and personal information using reasonable care and use it only for the agreement. Confidentiality does not cover information that is public without breach, already lawfully known without restriction, independently developed, or lawfully received from another source. A legally compelled recipient may disclose required information and, where lawful, give advance notice.
Our Privacy Policy explains our data practices. Where M-Elimu processes personal data for a Customer, the parties' data-processing terms and the Customer's documented lawful instructions apply. The Customer remains responsible for its own privacy notices, lawful bases, rights handling, retention decisions, and use of exported data.
9. Assisted and artificial-intelligence features
Optional assisted features may generate drafts, summaries, suggestions, classifications, or other outputs. Outputs can be incomplete, inaccurate, or unsuitable. They are not legal, medical, safeguarding, financial, or professional advice and must not be the sole basis for decisions that materially affect a learner, parent, employee, or other person.
The Customer and Authorised User must review outputs, verify important facts, avoid unnecessary sensitive data in prompts, and apply qualified human judgement. M-Elimu does not guarantee uniqueness, accuracy, or fitness of generated output. Additional feature notices may apply.
10. Third-party services
The Services may link to or interoperate with payment, communication, authentication, storage, or other third-party services. Third-party terms govern their independent services. M-Elimu is not responsible for a third party's systems, content, or acts, but remains responsible for its own obligations when it appoints a subprocessor. Enabling an optional integration authorises the necessary data exchange and is the Customer's decision.
11. Intellectual property and feedback
FrontL Hawk LTD and its licensors retain all rights in the M-Elimu brand and the Services, software, designs, documentation, trademarks, methods, aggregated know-how, and improvements, excluding Customer Data. No implied licence is granted.
If you provide suggestions or feedback, you grant M-Elimu a perpetual, worldwide, royalty-free right to use it without identifying you or disclosing Customer confidential information. M-Elimu may generate aggregated or de-identified information that does not reasonably identify a person or Customer and use it for security, reliability, analytics, and service improvement, subject to applicable law.
12. Warranties and disclaimers
M-Elimu warrants that it will provide paid Services with reasonable skill and care and substantially in accordance with applicable documentation. The Customer's exclusive remedy for a verified breach of this warranty is re-performance or, if M-Elimu cannot remedy a material breach within a reasonable period, termination of the affected Service and refund of prepaid fees for the unused affected period.
To the fullest extent permitted by law, except for express written warranties, the Services are provided “as is” and “as available”. M-Elimu disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, and error-free results. M-Elimu does not guarantee educational outcomes, fee collection, regulatory compliance by a school, uninterrupted internet access, or the accuracy of data entered by users or supplied by third parties.
13. Limitation of liability
To the fullest extent permitted by law, neither party is liable under or relating to the Services for indirect, incidental, special, exemplary, punitive, or consequential loss, or loss of profit, revenue, goodwill, anticipated savings, or business opportunity, even if advised that such loss was possible.
To the fullest extent permitted by law, M-Elimu's aggregate liability arising from the affected Services in any rolling twelve-month period will not exceed the fees paid or payable by the Customer for those affected Services during that period. For use of the free public website without a paid agreement, M-Elimu's aggregate liability will not exceed KES 10,000.
These exclusions and caps do not apply to liability that cannot lawfully be limited, or to fraud or wilful misconduct. A signed agreement may state different exclusions, caps, or carve-outs. Each party must take reasonable steps to mitigate loss.
14. Institutional Customer indemnity
To the extent permitted by law, an institutional Customer will defend and indemnify M-Elimu against third-party claims, regulatory consequences, and reasonable costs arising from the Customer's unlawful Customer Data; instructions that violate law or third-party rights; unauthorised employment, educational, disciplinary, financial, or safeguarding decisions; or material breach of acceptable use by the Customer or its Authorised Users. This does not apply to the extent a claim was caused by M-Elimu's breach, negligence, or wilful misconduct.
M-Elimu will promptly notify the Customer of a covered claim, allow reasonable control of the defence, and provide reasonable cooperation. No settlement may admit fault or impose a non-monetary duty on the non-controlling party without its consent.
15. Term, termination, and data at exit
These terms apply while you access the Services. Paid terms and renewal are governed by the signed documents. Either party may terminate for an uncured material breach after any required cure period, or immediately where breach cannot be cured, insolvency occurs, continued service would be unlawful, or the signed agreement permits.
On termination, access ends and outstanding fees become due. During any contractual export period, the Customer should retrieve its data in available formats. M-Elimu may then delete or anonymise Customer Data according to the agreement, Privacy Policy, backup cycles, and legal retention duties. Provisions intended by nature to survive—including payment, confidentiality, intellectual property, disclaimers, liability, indemnity, dispute, and general terms—will survive.
16. Events beyond reasonable control
Neither party is liable for delay or failure caused by events beyond reasonable control, including widespread network or cloud failure, natural disaster, epidemic, civil disorder, labour disruption, government action, utility failure, or cyberattack not caused by failure to use reasonable safeguards. The affected party must take reasonable steps to reduce impact and resume performance.
17. Changes to these terms
We may update these public terms for legal, security, or service changes. The current version will appear at this URL with its effective date. Material changes affecting an existing paid subscription will take effect on notice as provided by the signed agreement or law; they will not retroactively remove accrued rights. Continued use after an effective update constitutes acceptance where legally valid.
18. Governing law and disputes
These terms and non-contractual disputes are governed by the laws of Kenya, without regard to conflict-of-law principles. Before filing proceedings, each party will attempt in good faith for at least thirty days to resolve a dispute through written notice and discussions between authorised representatives, unless urgent injunctive relief, data protection action, debt preservation, or a statutory deadline requires earlier action.
Subject to any mandatory consumer, employment, data-protection, or other jurisdiction and any different signed dispute clause, the courts of Kenya sitting in Nairobi have exclusive jurisdiction.
19. General terms
Neither party may assign a paid agreement without the other's consent, not to be unreasonably withheld, except to an affiliate or in connection with a merger, reorganisation, or sale of substantially all relevant assets, provided the assignee assumes the obligations. M-Elimu may use subcontractors but remains responsible as stated in the agreement.
Failure to enforce a term is not a waiver. If a term is unenforceable, it will be modified to the minimum extent necessary and the remainder continues. The parties are independent contractors; these terms create no partnership, agency, employment, or fiduciary relationship. Headings aid reading only. “Including” means “including without limitation”. Electronic notices and signatures may be used where lawful.
20. Notices and contact
Legal notices to M-Elimu must be sent to info@m-elimu.co.ke with “Legal Notice” in the subject and enough detail to identify the sender, Customer, issue, and requested response. Contractual notices to a Customer may be sent to its account or billing contact. Operational support messages are not automatically legal notices.