Terms of Service

This agreement is between Malticard Uganda Limited (“Malticard”, “we”) and the school that subscribes to Skooltym Access (“the School”, “you”). By enrolling students, issuing terminals or paying a subscription invoice, the School accepts these terms.

1What Skooltym Access is

Skooltym Access is a school attendance platform. It reads a student at a gate terminal using face recognition, fingerprint or an RFID card, records a clock-in or clock-out event against that student’s Student Number, sends an SMS to the contact the School has linked to that student, and makes attendance records and reports available to the School.

2What Skooltym Access is not

Nothing in this agreement, and nothing communicated by a Skooltym Access notification, transfers any part of the School’s duty of care to Malticard.

3Accuracy and the limits of the technology

Biometric matching is probabilistic, not certain. The School acknowledges and accepts that:

• False non-matches occur. A student may fail to be recognised because of lighting, growth, injury, headwear, a dirty sensor, or a poor enrolment image, and may be recorded as absent when present.
• False matches occur. Two students may in rare cases be confused by the system, particularly siblings and close relatives.
• Events can be missed. Power loss, internet loss, device failure, tampering, a student entering by another route, or a student not presenting at a terminal will produce an incomplete record.
• Attendance data is a record of terminal readings, not an independent verification of a child’s presence, safety or location.

The School must not rely on Skooltym Access as its sole means of establishing whether a child is present, and must maintain its own procedures for confirming attendance where a child’s welfare may be at issue.

4SMS notifications

Notifications are delivered by third-party mobile network operators. Malticard submits a message for delivery; it does not control the network. The School accepts that messages may be delayed, delivered out of order, delivered to a stale number, or not delivered at all, for reasons including network congestion, a switched-off or out-of-coverage handset, an unpaid or deactivated line, number portability, operator filtering, or a change of number the School has not recorded.

Delivery of a notification is not guaranteed, and the absence of a notification must never be interpreted as information about a child. The School must tell parents and guardians this in the terms it presents to them.

5School obligations

• Obtain and record the informed consent of each student’s parent or guardian before enrolling that student’s biometric data, and offer the non-biometric alternative described in the Biometric & Children’s Data Notice.
• Ensure that all student, parent and guardian data supplied to Malticard is accurate, lawfully obtained and kept up to date — in particular contact phone numbers.
• Give parents and guardians the Notice to Parents, or equivalent information, before enrolment.
• Keep account credentials secure, control staff access, and notify us promptly of any suspected compromise.
• Site, power, network and physically protect gate terminals in line with our installation guidance.
• Use the system only for the purposes set out in the Acceptable Use Policy.
• Comply with the Data Protection and Privacy Act, 2019, the Data Protection and Privacy Regulations, 2021, the Children Act (Cap. 59) and all other applicable Ugandan law in its capacity as data controller.

6Fees and payment

The subscription fee is UGX 15,000 per enrolled student per school term, unless a written quotation states otherwise. Fees are invoiced per term in advance and based on the number of students enrolled on the platform at the start of the term. Terminal hardware, installation, on-site training and travel are quoted separately unless expressly included.

Invoices are payable within [30] days. Malticard may suspend the service on [14] days’ written notice where an invoice remains unpaid after its due date. Fees paid are non-refundable except where this agreement expressly provides otherwise, or where required by law. Fees may be revised for a following term on [60] days’ written notice.

7Availability and support

Malticard will use commercially reasonable efforts to keep the hosted platform available and to respond to support requests during business hours in Uganda. Unless a separate written service level agreement is signed, no specific uptime, response time or resolution time is guaranteed. Scheduled maintenance, third-party hosting failures, mobile network failures, national internet disruption and power interruption are outside our control.

8Data protection roles

For all personal data of students, parents, guardians and School staff processed through Skooltym Access, the School is the data controller and Malticard is the data processor. The Data Processing Agreement forms part of these terms and governs that relationship. The School warrants that it has a lawful basis for every instruction it gives us.

9Intellectual property

Malticard retains all rights in the Skooltym Access software, interfaces, documentation and brand. The School receives a non-exclusive, non-transferable right to use the service for the duration of its subscription. The School’s data remains the School’s. We do not use student biometric data, attendance records or parent contact details to train machine-learning models, and we do not sell or license them to any third party.

10Warranties and disclaimer

Each party warrants it has the authority to enter this agreement. Beyond the express commitments in these terms, and to the fullest extent permitted by Ugandan law, the service is provided “as is” and Malticard disclaims all other warranties, express or implied, including fitness for a particular purpose, uninterrupted or error-free operation, and any warranty that the service will detect, prevent or report any particular event.

11Limitation of liability

Nothing in this agreement limits liability that cannot lawfully be limited, including liability for death or personal injury caused by a party’s negligence, or for fraud or fraudulent misrepresentation.

12Indemnity

The School indemnifies Malticard against all claims, proceedings, penalties, damages and reasonable costs arising from: the School’s failure to obtain or record valid parental consent; the accuracy or lawfulness of data the School supplies; the School’s use of the system outside the Acceptable Use Policy; and any claim by a student, parent, guardian or regulator that arises from the School’s acts or omissions as data controller.

13Term, suspension and termination

This agreement runs from the start of the first subscribed term and continues term to term until terminated. Either party may terminate for convenience on [60] days’ written notice, effective at the end of the then-current school term. Either party may terminate immediately for material breach not remedied within [30] days of written notice, or on the other party’s insolvency.

Malticard may suspend the service immediately where continued operation would breach the law, endanger the security of the platform, or where the School has instructed processing we reasonably believe to be unlawful. On termination, the School may export its attendance data for [30] days, after which we will delete or return all personal data in accordance with the Data Processing Agreement. Biometric templates are deleted on termination and are not retained.

14Confidentiality

Each party will keep the other’s non-public information confidential, use it only for this agreement, and protect it with no less care than it applies to its own confidential information. This obligation survives termination for [3] years, and indefinitely for personal data.

15Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control, including national internet or power disruption, mobile network failure, natural disaster, epidemic, civil disturbance, government action or school closure ordered by a competent authority.

16Changes to these terms

We may amend these terms on [30] days’ written notice. If an amendment materially reduces the School’s rights, the School may terminate without penalty before the amendment takes effect, and receive a pro-rata refund of any fee paid for the unexpired part of the term.

17General

These terms, together with the Data Processing Agreement, the Acceptable Use Policy and any signed quotation or order form, are the entire agreement between the parties. Neither party may assign without the other’s written consent, except to a successor of substantially the whole of its business. If any provision is held unenforceable, the remainder stands. No failure to enforce a right is a waiver of it. Nothing creates a partnership, agency or employment relationship. No third party has rights under this agreement.

18Governing law and disputes

This agreement is governed by the laws of the Republic of Uganda. The parties will attempt in good faith to resolve any dispute by negotiation between senior representatives within [30] days. Failing that, the dispute shall be referred to arbitration in Kampala under the Arbitration and Conciliation Act (Cap. 4) before a single arbitrator, or, where either party prefers, to the exclusive jurisdiction of the courts of Uganda.