1. Agreement to Terms
These Terms & Conditions (“Terms”) govern your access to and use of the Maqoa platform and related services (the “Service”) provided by Maqoa (“we,” “us,” or “our”). By signing up for an account, using the Service, or accessing the website at maqoa.com, you agree to be bound by these Terms. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization.
2. Definitions
- Account: your organization or user account on the Service.
- Customer: the person or entity that registers for the Service.
- Administrator: a Customer user with rights to manage an Account.
- Paid Plan: any subscription plan for which you pay fees.
3. Scope of Service
Maqoa provides a software-as-a-service platform for schools and educational organizations to manage attendance, communications, billing, bookings, observations, and related features (“Features”). The included Features depend on the subscription plan you choose and may be changed or updated from time to time.
4. Accounts & Registration
To use the Service you must create an Account. You agree to: (a) provide accurate, current and complete information; (b) maintain and promptly update your Account information; and (c) maintain the confidentiality of your account credentials. You are responsible for all activity under your Account, and for any actions of users you add to your Account.
5. Acceptable Use & Restrictions
You may use the Service only for lawful purposes and in compliance with these Terms. Prohibited uses include: illegal activities, infringing others’ rights, sending spam, attempting to gain unauthorized access, scraping or extracting data, or interfering with the operation or security of the Service. We reserve the right to suspend or terminate Accounts that violate these restrictions.
6. Fees, Billing & Payment
Your use of some parts of the Service may require payment of subscription fees, setup fees, or transactional fees. All fees are quoted in the currency displayed at checkout and are non-refundable except as stated in these Terms or required by law. By providing payment information, you authorize us (or our payment processor) to charge your chosen payment method for all applicable fees and taxes.
6.1 Trial Periods
If you enroll in a free trial, the trial may be terminated at any time. At the end of the trial we may begin charging applicable fees unless you cancel before the trial expires.
6.2 Overdue Payments
If any payment is overdue, we may suspend access to the Service, restrict certain functionality, or terminate your Account after providing notice, until payment is received.
7. Refund Policy
Unless otherwise stated at the time of purchase, subscription fees are non-refundable. If you believe you are entitled to a refund, contact support at support@maqoa.com and we will review your request in good faith.
8. Trials, Upgrades & Downgrades
You may upgrade or downgrade your subscription plan through the account settings. Plan changes, proration, or immediate billing for upgrades may apply as described in the billing UI or at checkout.
9. Data, Privacy & Security
We process Personal Data in accordance with our Privacy Policy. You are responsible for obtaining any necessary consents from parents, guardians or other individuals for the collection and processing of pupil data via the Service. We implement reasonable technical and organizational measures to protect Data but cannot guarantee absolute security. If you handle or upload personal data of children, ensure you comply with applicable laws (e.g. parental consent, data protection laws).
See our Privacy Policy for full details about how we collect, use, store and share personal information.
10. Intellectual Property
The Service and all content, software, trademarks and other intellectual property rights therein are owned by Maqoa or our licensors. Subject to your compliance with these Terms and payment of all fees, we grant you a limited, non-exclusive, non-transferable license to use the Service for your internal operations. You retain ownership of the data you upload to the Service.
11. User Content & Responsibility
You are solely responsible for the content you and your users upload, post or transmit through the Service (“User Content”). You represent and warrant that you have the rights and permissions to provide such User Content and that it does not violate any law or third-party rights. We may remove User Content that violates these Terms or applicable law.
12. Third-Party Services
The Service may integrate with third-party services (payment processors, messaging platforms, cloud providers). Your use of third-party services is subject to the third party’s terms, and we are not responsible for third-party practices or availability.
13. Backups & Data Retention
We maintain regular backups of production data. You should also maintain copies of critical information. If your Account is terminated, we may retain or delete data in accordance with our data retention policy; contact support if you need a data export.
14. Termination
Either party may terminate these Terms for convenience by providing written notice as described in your subscription. We may suspend or terminate your Account if you materially breach these Terms and fail to cure within a specified time. Upon termination, your right to access the Service ends; we will not be required to refund prepaid fees except as required by law or as otherwise stated.
15. Warranties & Disclaimers
We provide the Service “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
16. Limitation of Liability
To the maximum extent permitted by law, Maqoa and its affiliates will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for loss of profits, data or goodwill, even if advised of the possibility of such damages. Our aggregate liability for direct damages arising from these Terms will be limited to the amount of fees paid by you to Maqoa in the 12 months preceding the claim (or £100, if lower), except where prohibited by law.
17. Indemnification
You agree to indemnify, defend, and hold harmless Maqoa and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Service; (b) your User Content; or (c) your breach of these Terms.
18. Governing Law & Dispute Resolution
These Terms and any dispute arising from or related to them will be governed by and construed in accordance with the laws of the Republic of Zimbabwe (or change to the jurisdiction appropriate for your company). Any legal action will be brought in the courts of that jurisdiction, and you and Maqoa submit to the exclusive jurisdiction of those courts. (If you prefer a different governing law or arbitration clause, consider updating this with legal counsel.)
19. Changes to Terms
We may update these Terms from time to time. If we make material changes, we will attempt to notify you (for example via email or an in-app notice). Continued use of the Service after the effective date of the updated Terms constitutes acceptance of those changes.
20. Notices
For support or questions about these Terms, contact:
Email: support@maqoa.com
Address: Maqoa (if you have a physical address, put it here)
21. Miscellaneous
These Terms (together with any policies referenced herein) constitute the entire agreement between you and Maqoa regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
22. Acknowledgment
By using the Service you acknowledge that you have read and understood these Terms, and agree to be bound by them.