Parent/Guardian Terms and Consent Notice

Your Consent

By creating an account for your Child, confirming your Child's enrolment when prompted on the Platform, or otherwise using the Services on your Child's behalf, you confirm that:

• You are the parent or legal guardian of the Child, or are otherwise authorised to consent to their use of the Platform;
• You have read and understood these Terms and our Privacy Policy;
• You consent to your Child's use of the Platform, including their participation in classes, courses, tests, and other activities organised by SBK, and to the collection and use of their information as described in our Privacy Policy;
• You agree to be legally bound by these Terms.

Where your Child was enrolled by their School, your School's own enrolment process is separate from, and in addition to, this consent — both apply. If you do not agree to these Terms, please do not use the Platform, and contact your School or info@smartbrainskenya.com to discuss your options.

You may withdraw your consent at any time by using the “Request Account Deletion” option described in Clause 12, or by contacting info@smartbrainskenya.com.

Description of Services

SBK provides online coding and robotics education services for children, delivered through a virtual classroom environment and, where applicable, through partner schools. Our Services include structured modules, tutor-led classes, curriculum materials, and a class scheduling system.

Classes are scheduled, rescheduled, or cancelled through the Platform or through your School, as applicable. Contact info@smartbrainskenya.com or your School with any scheduling questions.

Account Registration

Where you register an account directly with SBK (rather than through a School), you must provide accurate information including:

• Your name, email address, and contact details;
• Your Child's name, age, and class level;
• Such other information as may be required for account setup.

Your account credentials are personal to you. You must not share your login details with any other person. You are responsible for all activity that occurs under your account. Notify us immediately at info@smartbrainskenya.com if you become aware of any unauthorised use of your account. SBK is not liable for any loss or damage arising from unauthorised account use caused by your failure to keep your credentials secure.

Trial Classes

Where you enrol directly with SBK (outside a School partnership), we may offer one (1) free trial class to new registered users. Only one free trial is permitted per Student. Multiple attempts to obtain a free trial class — through multiple accounts, email addresses, or any other means — without our prior written consent constitutes a breach of these Terms.

Trial classes are subject to these Terms in the same way as paid classes.

Modules and Curriculum

SBK provides access to its curriculum, modules, and related materials (“Curriculum”) in video, audio, written, graphic, or other formats. The Curriculum is subject to change at any time. Tutors will assist your Child through the applicable modules.

SBK grants you a limited, non-exclusive, non-transferable licence to access and use the Curriculum solely for your Child's personal, non-commercial educational purposes. You may not reproduce, distribute, sublicense, or create derivative works from the Curriculum without our prior written consent.

Third-Party Tools Used in Our Courses

Our Android App Development course uses curriculum built in-house by SBK. Our Robotics Projects course and school competitions use a small number of third-party tools, selected to minimise the personal data collected from your Child:

• Tinkercad (Autodesk) — used for robotics simulations. Only your Child's first name is entered, and all designs and simulation data are saved under SBK's own institutional Autodesk account rather than an individual account belonging to your Child.
• mBlock — used to write and upload robotics code to physical kits. mBlock does not require a login and does not collect your Child's data.
• Quizizz — used for competition quizzes, into which your Child enters their name and school name directly. SBK does not sell this data. Because this information is entered directly into Quizizz's own platform, its collection there is also subject to Quizizz's own terms and privacy policy.

Use of these tools within our courses is subject to these Terms and, where noted above, to that provider's own terms.

Applicants and Instructors

Individuals interested in teaching on the Platform apply separately and, if selected, are engaged under SBK's Instructor Engagement Agreement, which sets out SBK's vetting and safeguarding requirements for anyone working with children on the Platform.

Students and parents may leave ratings and reviews of classes. SBK is not responsible for the content of such ratings and reviews.

Licence to Use the Platform

SBK grants you and your Child a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for personal, non-commercial educational purposes only.

You are not permitted to:

• Reproduce, transmit, distribute, sublicense, broadcast, or create derivative works from any part of the Curriculum or Platform without our prior written consent;
• Use the Platform for any commercial purpose;
• Share access to your account or the Platform with any third party;
• Reverse engineer, decompile, or attempt to extract source code from any part of the Platform.

SBK reserves the right to suspend or terminate your access to the Platform at any time in accordance with these Terms.

Intellectual Property

9.1 SBK Intellectual Property

SBK owns all intellectual property rights in and to the Platform, Services, Curriculum, and all content we create or provide, including but not limited to video recordings of tutor-led sessions, text, graphics, logos, and software. Nothing in these Terms transfers any of those rights to you.

Content provided under licence from third parties (as described in Clause 6) remains the property of those third parties and is governed by their respective terms.

9.2 Student-Created Content

Any original code, projects, apps, or other creative work produced by your Child during their use of the Platform (“Student Work”) remains the property of your Child (and you as their parent or guardian).

By using the Platform, you grant SBK a limited, non-exclusive, royalty-free licence to store, display, and use Student Work solely for the following purposes:

• Providing and improving the Services;
• Internal training and educational quality assessment;
• Showcasing student progress on the Platform itself (e.g., in a student portfolio area).

SBK will not sell, license to third parties, or use Student Work for commercial purposes outside of the Platform without your separate written consent.

This licence ends when you or your Child delete the Student Work in question, or delete your account — except that it continues to apply to any copy of that Student Work already shared with or incorporated into another User's project before deletion, and except for records SBK is required to retain by law.

9.3 Recording of Classes

SBK may record live class sessions for quality assurance and child safeguarding purposes. This recording consent is separate from your general consent to these Terms: by ticking the specific recording consent box on the Platform, you acknowledge and consent to this recording, and you may decline it separately without affecting your Child's ability to use the rest of the Services. Recordings are retained for 90 days, unless retained longer because a safeguarding concern or complaint is under investigation, and are deleted on request once that period ends (Section 13 of the Privacy Policy).

Any use of recordings, images, or likeness of your Child for external marketing, advertising, social media, or promotional materials requires your separate, explicit written consent, unbundled from both your general consent and your recording consent above. You may withdraw such consent at any time by contacting us at info@smartbrainskenya.com. Withdrawal of consent will not affect any use already made prior to the date of withdrawal.

9.4 Events and Success Stories

SBK may from time to time organise events, contests, webinars, and award ceremonies (“Events”). Participation in Events is voluntary. Any use of your Child's image, achievements, or testimonials in connection with Events for external promotional purposes requires separate written parental consent, unbundled from your general consent to these Terms.

Child Safety and Your Responsibilities

By consenting to these Terms, you confirm that:

• You have the legal authority to consent to your Child's use of the Platform;
• You grant consent for your Child to attend and participate in classes, courses, tests, and other activities organised by SBK;
• You accept responsibility for supervising your Child's use of the Platform and for all activities carried out by your Child on or through it.

SBK is committed to maintaining a safe and secure learning environment for all children and operates a zero-tolerance policy toward abuse, harassment, or inappropriate conduct of any kind. All Tutors are subject to safeguarding vetting appropriate to a child-facing role — including a valid Certificate of Good Conduct from the Directorate of Criminal Investigations, and TSC registration where the role requires it — before they are engaged, as set out in the Instructor Engagement Agreement. We may monitor and/or record live sessions for quality assurance and child protection purposes, as described in Clause 9.3.

If, during a live interactive class, a Tutor uses inappropriate language, displays inappropriate content, or engages in any conduct that causes concern, you are required to notify us immediately at info@smartbrainskenya.com or through any other designated reporting channel on the Platform. All concerns will be promptly reviewed and investigated, and we will take appropriate action, including suspension of access and, where necessary, escalation to relevant authorities in accordance with applicable law.

While we implement reasonable technical and organisational safeguards to protect children on the Platform, parents and guardians are encouraged to actively monitor their children's online activity, including ensuring that participation takes place in an appropriate setting and that children do not share personal information during sessions.

Payment and Refunds

Where your Child is enrolled through a partner School, fees for the Services are paid by the School under its own agreement with SBK, and this Clause does not apply to you directly.

Where you pay SBK directly for a plan or course, you agree to pay the applicable fees. We accept M-Pesa, card payment, and bank transfer. Payment processing for card and bank payments is handled by third-party payment providers, whose own terms apply to those transactions.

We reserve the right to change our fees at any time. We will give you at least 14 days' advance notice of any fee changes applicable to your existing subscription before the change takes effect.

Refunds will be processed within 7–10 business days of a valid refund request. “Business day” means any day other than a Saturday, Sunday, or public holiday in Kenya. Refunds cover only Services not yet rendered.

For refund requests or queries, please contact: info@smartbrainskenya.com.

Data Protection and Privacy

SBK processes personal data in accordance with the Kenya Data Protection Act 2019 and is registered with the Office of the Data Protection Commissioner. Our Privacy Policy explains in full how we collect, use, store, share, and protect your and your Child's personal data, including your rights and how to exercise them, and our current data retention periods. These Terms should be read alongside the Privacy Policy.

You can request deletion of your Child's account directly from the Platform using the “Request Account Deletion” option. Once submitted, the account is deleted and detached from your account, without needing to route the request through the School.

Linking and Third-Party Services

The Platform may contain or rely on third-party websites, software, products, and services (“Third-Party Services”), which are provided for convenience only and are not controlled by SBK. Your use of such Third-Party Services is subject to their respective terms and privacy policies, which you are encouraged to review. To the fullest extent permitted by law, SBK shall not be liable for any loss, damage, or issues arising from Third-Party Services, and any disputes relating to such services shall be resolved directly between you and the relevant third party.

User Content and Conduct

The Platform may allow you and your Child to submit comments, reviews, questions, and other content (“User Content”). You are responsible for the content you post.

User Content must not:

• Be false, misleading, defamatory, abusive, harassing, threatening, obscene, or offensive;
• Infringe any intellectual property rights of SBK or any third party;
• Contain personal information about third parties without their consent;
• Include viruses, malware, or any other technically harmful code;
• Be unlawful or promote unlawful activity.

We reserve the right to remove User Content that violates these Terms at any time. We encourage parents to supervise their Child's use of any interactive features.

Intended Use of Student-Built Applications

Any application, code, or content created using the Platform is intended for educational and prototype purposes only. Such applications may have limited functionality and may contain technical bugs, security vulnerabilities, or unresolved issues. They are not tested or certified for commercial deployment.

You and your Child must not use any Platform-built application for commercial purposes or deploy it in any live environment without appropriate independent review and testing.

Rules of Conduct

You agree to comply with all applicable laws when using our Services. You must not:

• Hack, reverse engineer, decompile, or tamper with the Platform or its code;
• Remove or alter any copyright, trademark, or proprietary notices on the Platform;
• Create software that mimics or replicates the Platform's functionality;
• Use the Platform to send unsolicited bulk communications;
• Make the Platform available to third parties or use it for commercial purposes without our written consent;
• Use the Platform for any illegal, immoral, or harmful purpose.

Limitation of Liability

SBK will provide its Services with reasonable skill and care. However, the Platform and Services are provided on an “as is” basis and we make no warranty as to accuracy, completeness, or fitness for a particular purpose, beyond what is required by Kenyan consumer law.

To the maximum extent permitted by Kenyan law, SBK shall not be liable for:

• Indirect, incidental, special, or consequential loss or damage;
• Loss of data, revenue, or profits;
• Any loss arising from your or your Child's reliance on tutor advice or curriculum content;
• The content or actions of third-party websites or tools linked from or used within the Platform;
• Service interruptions caused by events outside our reasonable control (including internet outages, acts of God, or force majeure events).

Nothing in these Terms limits or excludes any liability that cannot be excluded under Kenyan law, including liability for fraud, for death or personal injury caused by our negligence, or for a breach of your Child's safety.

Indemnification

To the extent permitted by law, you agree to indemnify SBK against claims, losses, or liabilities that arise directly from your own breach of these Terms or your Child's misuse of the Platform (for example, sharing account access in breach of Clause 8, or User Content you post that infringes someone else's rights). This does not apply to claims arising from SBK's own negligence, breach of these Terms, or breach of applicable law, and SBK will bear its own costs of defending any such claim.

Termination

SBK may suspend or terminate your or your Child's access to the Platform if you breach these Terms, or for any other reason at our reasonable discretion with notice to you.

You may end your agreement with us at any time by ceasing to use the Platform and requesting deletion of your Child's account via the “Request Account Deletion” option described in Clause 12, or by contacting us. On termination, you may request a copy of your Child's personal data and learning records before the account is closed.

Clauses relating to intellectual property, liability, indemnification, dispute resolution, and data protection survive termination of these Terms.

Severability, Assignment, and Waiver

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

You may not assign or transfer your rights or obligations under these Terms to any third party. SBK may assign its rights and obligations under these Terms at its sole discretion.

No failure or delay by SBK in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Kenya.

In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved by negotiation within 30 days, either party may refer the matter to arbitration in accordance with the Arbitration Act (Cap. 49, Laws of Kenya). The seat of arbitration shall be Nairobi, Kenya. The language of arbitration shall be English. The arbitrator's award shall be final and binding on the parties.

Nothing in this clause prevents either party from seeking urgent injunctive or other interim relief from a Kenyan court to protect its rights pending the resolution of a dispute.

This clause does not limit any rights you have as a consumer under Kenyan law.

Entire Agreement

These Terms, together with the Privacy Policy and any other policies or guidelines posted on the Platform, constitute the entire agreement between you and SBK regarding your and your Child's use of the Platform and supersede all prior agreements, representations, and understandings.