Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and Science Innovation Limited (“Smartprepo Academy or Smartprepo”, “we”, “us”, or “our”), operating under the trade name Smartprepo Academy. By accessing or using the Smartprepo platform through https://smartprepo.co.tz or https://smartprepo.com as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), you acknowledge and agree to be bound by these Terms. If you do not agree, you must refrain from using the platform.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

The Site is intended for users who are at least 6 years old. Persons between 6 and 17 must use or register for the Site under the supervision of adult older than 17 years.

2. Acceptable Usage Policy

This Acceptable Usage Policy outlines how Smartprepo should be used responsibly and fairly. When you sign up, you agree to follow these guidelines.

Smartprepo aims to support your learning and work by offering access to various educational materials and connecting you with other users through social medial channels.

We require our users to maintain honesty and integrity.

Acceptable Use:

Use Smartprepo tests and examinations and other study content to test yourself and improve your understanding of materials

Follow your organization's policies about using external resources

Check Smartprepo content against trusted sources to verify their correctness. If you suspect errors in our marking scheme, report the problem through in-app feedback tool or mechanism.

Prohibited Actions:

Engage in activities that go against your organization's integrity policies

Use content from Smartprepo for business or commercial purposes.

Fair Usage

While we offer unlimited usage on some of our paid plans, this is defined as individual usage within reasonable bounds that accommodates approximately 95% of our users' needs. This policy exists to prevent automated abuse and ensure a quality experience for all users.

Account Sharing

Account sharing or reselling access is strictly prohibited and violates our terms of service, potentially resulting in immediate account termination without refund.

If your account has been limited due to suspected automated abuse, you may contact us to discuss your usage patterns.

Usage Limits & Rate Limiting

To maintain system stability, we implement dynamic rate limiting high test and examination requests and save beyond normal usage. If your usage significantly exceeds typical patterns, we may automatically temporarily limit your account. Higher than normal usage may indicates violation of account sharing terms.

This policy is subject to change, and we reserve the right to update it without notice at any time.

We strive to ensure Smartprepo sustainability while providing the best possible service to our users. High test and examination request consume significant amount of resources (CPU and Memory) which may increase running costs to Smartprepo and compromise Site’s speed and efficiency. We'll continue to monitor usage patterns and update our policies as needed to ensure that Smartprepo remains accessible and affordable for everyone.

3. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We do not claim ownership of content uploaded in our site with logo, identifiable ownership names or trade marks from other publishers, institutions, or organizations.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

4. User Representations

By using the Site, you represent and warrant that: (1)All registration information you submit will be true, accurate, current, and complete; (2)You will maintain the accuracy of such information and promptly update such registration information as necessary; (3)You have the legal capacity (adult 18 years and above and mentally fit) and you agree to comply with these Terms of Service; (4)You will monitor and enforce the adherence to Terms of Service for users between age 6 to 17 years.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

5. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.

6. Fees and Payment

We accept the following forms of payment:

Bank Cards (Visa, Mastercard, AMEX)

Mobile Payment Gateway (Airtel money, m-pesa, Mixx by Yas, Halo Pesa, Easy Pesa)

We may also accept additional payment methods such as pay number (Lipa number) or TANQR, or Selcom Pay with Smartprepo Academy as business name.

You may be required to purchase or pay a fee to access some of our services in addition to subscriptions. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site or approved methods above. We bill you through an online billing account for purchases made via the Site. We may change prices at any time.

Payments are processed securely by Selcom Pay for web application or, in the case of mobile subscriptions, by the Apple App Store or Google Play Store. We do not store credit card or mobile money password data.

7. Subscriptions

Smartprepo provides free and premium Content. We will offer access to premium Content on a subscription basis. When purchasing any subscription, you accept that fees for Smartprepo subscriptions are billed in advance; If any fees are not paid when they are due, we may terminate or suspend your access to premium content immediately.

8. Cancellation

You may cancel your subscription online at any time. The cancellation will take effect at the end of the current billing cycle. However, please note that cancelling a subscription does not automatically initiate a refund.

9. Refund Policy

Smartprepo subscriptions are non-refundable, except as provided for by applicable law.

Eligibility for Refund:

• The refund request is made within 7 days of the purchase date.
• You have not used our services including basic package or services received through referral.
• You have not shared your account login with others.
• Your payment has been received in our account.

If you have not received payment confirmation or your payment has not been received in our account, contact your mobile network operator for refund or support in getting your payment reflected in our account.

In an event of service outage due to serious technical challenges Smartprepo may extend the subscription period equivalence to a period of time when a service was unavailable or not functioning as intended.

How to Request a Refund:

To initiate a refund, please contact our support team via info.smartrepo.gmail.com. We will process your refund request promptly.

Refund Processing:

Once your refund is approved, we will issue a full refund of your purchase. The refund will be credited through the same payment method used for the purchase. In the event that we're unable to process a refund through your initial payment method, we'll arrange an alternative method with you. Refunds can take 7-21 business days to process.

Non-Refundable Circumstances:

Refunds are not available for any Smartprepo purchases made outside of the official channels.

10. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• Use a buying agent or purchasing agent to make purchases on the Site.
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Use the Site to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.

11. Contribution License

You and the Site agree that we may access, store, process, and use any information (including attempted tests and examination) and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

By requesting and attempting test and examination on our platform, you grant us a non-exclusive, worldwide, royalty-free license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute your information for the purposes of operating, improving our services, and improving education performance of users without sharing your personal identify. You retain full control over how your information. You always have the right to delete your information from our platform at any time.

We will maintain certain data that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

12. Third-Party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

13. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable content that in any way burdensome our systems and users; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

14. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

16. Governing Law

These conditions are governed by and interpreted following the laws of the United Republic of Tanzania. Any disputes arising must be brought in Tanzanian courts.

17. Limitations of Liability

Our platform uses human and other tools (web scrap, historical past examination, and other electronic tools) in generating content (including questions). While we strive to ensure the highest quality content, we do not guarantee its absolute accuracy, completeness, or suitability for any specific educational purpose. You are responsible for reviewing content before using it. We are not liable for any consequences arising from the use of our content in educational or professional settings. By using our content, you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your content.

18. Indemnification

You agree to take responsibility and protect us (including our employees, partners, and related companies) if someone else blames us or sues us because of something you did.

This includes covering any costs, like lawyer fees, if the issue is caused by:

• Your use of the site,
• You breaking the rules in these terms of use,
• You not keeping your promises stated in these terms of use,
• You violating someone else's rights (like using copyrighted content without permission), or
• You harming another user you met through the site.

Even so, we can choose to handle the legal defense ourselves, but you’ll have to pay for it, and you agree to help us if needed. We’ll try to let you know if any legal issue comes up that involves this.

19. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Site automatically enrolled all users for in-app, push, email, and mobile short messages. If you do not wish to receive communication in any of these channel, visit profile setting and opt out.

20. Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.