#1. Definitions
1.1. In these Solja Software General Terms and Conditions, the following terms shall have the following meaning ascribed to them:
- Account Holder: means the registered members of the Customer (such as authorized teachers, school staff, or parents);
- Business Day: means any day (other than Saturday, Sunday, national day, or gazetted public holiday in Kenya) on which banking institutions in Kenya are generally open for the conduct of banking business;
- Customer: means any school, institution, academy, or registered business licensed by Solja to utilize the Solja Software;
- Solja Products: means any products or services offered by Solja to the Customer and/or the Account Holders (including mobile app components and admin web portal);
- Solja Software: means a cloud-based school visitor management and gatehouse security platform including its integrated tools (Guard App, Reception Portal, SMS alerts, and Admin Dashboard) tailored to drive operational safety and visitor audit trails of campuses;
- Licence Agreement: means the licence agreement executed between Solja and the Customer, incorporating these Software General Terms and Conditions;
- Subscription Fee: means the fee payable by the Customer to Solja with respect to the Solja Software pursuant to the Licence Agreement.
#2. The Use of Solja Software and Products
2.1. Solja has entered into a license agreement with the Customer pursuant to which it has granted the Customer a personal, limited, revocable, non-transferrable, and non-exclusive right to use the Solja Software to facilitate the school operations in accordance with the provisions of the License Agreement and these Terms.
2.2. The use of the Solja Software by the Customer shall be restricted to the campus boundaries authorized by Solja (supporting up to 3 active gatehouse devices per subscription) for purposes of visitor log auditing, student exit pass scanning, and security notifications. The Customer shall not allow the use of the Software by or for the benefit of any other campus or campus branch without active licenses.
2.3. The Customer hereby agrees and undertakes that it shall not undertake or permit any third party to:
- Access or attempt to access the Solja Software’s systems, databases, source code, or programs that are not made available for public use;
- Permit any unauthorized third party to use or benefit from the Solja Software;
- Transfer or sub-license any rights granted under the Licence Agreement;
- Work around any technical limitations of the Solja Software (including bypassing geofencing calibrations or active device quotas);
- Reverse engineer, decompile, or disassemble the Solja Software.
#3. Suspension of Services
3.1. Solja may suspend the Solja Software and/or Products at any time without liability if:
- Solja reasonably believes that the Customer or Account Holders are using the Software in breach of this agreement;
- The Customer fails to pay the Subscription Fee as and when due (including invoices remaining unpaid for sixty (60) days or more, resulting in restriction to read-only access);
- Required by law or a regulatory government body;
- There is a security threat or attack detected on the Customer's account or the Software infrastructure.
#4. Access, Security and Credentials
4.1. The Customer agrees to keep all Security Devices (including OTP validation access codes, web portal login session tokens, or API credentials) protected, secure, and strictly confidential.
4.2. The Customer agrees to notify Solja immediately if they believe that credentials have been stolen or compromised. Solja shall not be liable for any unauthorized access or transaction occurred before receipt of such notification.
#5. Solja's Obligations
5.1. Solja agrees to grant the Customer the non-exclusive right to use the Solja Software and Products. We shall use commercially reasonable efforts to make the Software available uninterrupted (excluding planned maintenance downtime, scheduled preventive upgrades, or Force Majeure Events).
5.2. Solja agrees to provide basic email and digital support to the Customer and its Account Holders at no additional cost.
#6. Data Protection and Privacy
6.1. Solja processes the Customer's and Account Holder's personal data (e.g. guard log submissions, visitor names, phone numbers, vehicle license plates, and student departure logs) in compliance with the relevant data privacy regulations.
6.2. The Customer is solely responsible for procuring consent from visitor subjects and student guardians to allow processing of their data in the platform. Both parties agree to handle such personal data lawfully, fairly, and in a transparent manner.
#7. Liability and Disclaimers
7.1. The Solja Software and Products are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Solja disclaims all warranties of satisfactory quality, fitness for a particular purpose, or error-free continuous operation.
7.2. In no event shall Solja's aggregate liability to the Customer under the Licence Agreement exceed the Subscription Fee actually received by Solja from the Customer during the active Term, or KES 100,000, whichever is lower.
#8. Taxes
8.1. Unless otherwise expressly provided in the Licence Agreement, all Subscription Fees due to Solja under the Licence Agreement are exclusive of Value Added Tax (VAT) and any other applicable levies, which shall be borne and paid exclusively by the Customer.
#9. Governing Law and Disputes
9.1. The License Agreement and these Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.
9.2. Any dispute arising out of or relating to these Terms shall be resolved by way of consultation held in good faith. If the dispute cannot be resolved amicably within fifteen (15) Business Days, it shall be referred to mediation by a single mediator appointed by the Chartered Institute of Arbitrators (Kenya Branch) sitting in Nairobi, Kenya.
#10. Contact Information
If you have any questions or concerns regarding these Terms of Service, please contact us at info@solja.app.