Terms of Service
Last updated: February 2025
Welcome to Kounet. These Terms of Service ("Terms") govern your use of the Kounet platform and services provided by everBetter Innovations ("we", "us", or "our"). By accessing or using Kounet, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, accessing, or using Kounet, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our services.
If you are using Kounet on behalf of an organization (such as a tuition centre, school, or educational institution), you represent that you have the authority to bind that organization to these Terms.
2. Description of Service
Kounet is an education management platform that provides:
- Student and class management tools
- Scheduling and timetable management
- Attendance tracking and reporting
- Fee and payment management
- Reporting and analytics features
We reserve the right to modify, suspend, or discontinue any part of the service at any time with reasonable notice.
3. User Accounts
3.1 Account Creation
To use Kounet, you must create an account by providing accurate and complete information. You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access or security breach
3.2 Account Requirements
You must:
- Be at least 18 years old or have legal authority to enter into these Terms
- Provide accurate, current, and complete registration information
- Keep your account information updated
- Not share your account credentials with unauthorized parties
4. Acceptable Use
When using Kounet, you agree NOT to:
- Violate any applicable laws, regulations, or third-party rights
- Upload false, misleading, or fraudulent information
- Attempt to gain unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the platform's functionality
- Use the service for any illegal or unauthorized purpose
- Transmit viruses, malware, or other harmful code
- Scrape, harvest, or collect data from the platform without authorization
- Reverse engineer, decompile, or attempt to extract source code
- Use the platform to send spam or unsolicited communications
- Impersonate any person or entity
5. Data and Content
5.1 Your Data
You retain ownership of all data you enter into Kounet ("Your Data"). By using our service, you grant us a limited license to use, store, and process Your Data solely to provide and improve our services.
5.2 Data Responsibility
You are responsible for:
- The accuracy and legality of Your Data
- Obtaining necessary consents to collect and process personal data of students, parents, and staff
- Complying with applicable data protection laws
- Maintaining appropriate backups of Your Data
5.3 Data Protection
We will handle Your Data in accordance with our Privacy Policy and applicable data protection laws, including the principles set out in Brunei Darussalam's draft Personal Data Protection Order (PDPO). We implement reasonable security measures to protect Your Data but cannot guarantee absolute security.
5.4 Data Privacy Compliance
By using Kounet, you acknowledge and agree that:
- You have read and understood our Privacy Policy, including our data protection practices aligned with the PDPO
- You consent to the collection, use, and disclosure of your personal data as described in our Privacy Policy
- If you are an educational institution, you are responsible for obtaining appropriate consent from students, parents, or legal guardians before entering their personal data into the platform
- You will comply with all applicable data protection laws when using Kounet to process personal data
- You understand your rights under the PDPO framework, including the right to withdraw consent, request access to your data, request corrections, and request data portability
6. Subscription and Payment
6.1 Fees
Access to Kounet may require a paid subscription. Current pricing and features are available upon request. All fees are:
- Quoted in the currency specified at the time of subscription
- Due in advance for the subscription period
- Non-refundable unless otherwise stated
6.2 Payment Terms
- Payments must be made through approved payment methods
- You are responsible for providing accurate billing information
- Failure to pay may result in suspension or termination of service
6.3 Price Changes
We may modify pricing with at least 30 days' notice. Continued use after price changes constitutes acceptance of the new pricing.
7. Intellectual Property
7.1 Our Rights
Kounet, including its design, features, content, trademarks, and underlying technology, is owned by everBetter Innovations and protected by intellectual property laws. You may not:
- Copy, modify, or distribute our platform or content
- Use our trademarks without written permission
- Create derivative works based on our service
7.2 Feedback
If you provide feedback, suggestions, or ideas about Kounet, you grant us the right to use such feedback without obligation or compensation to you.
8. Third-Party Services
Kounet may integrate with or link to third-party services. We are not responsible for:
- The availability or accuracy of third-party services
- Content, products, or services offered by third parties
- Transactions between you and third-party providers
Your use of third-party services is subject to their terms and policies.
9. Disclaimer of Warranties
KOUNET IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability or fitness for a particular purpose
- Warranties that the service will be uninterrupted, error-free, or secure
- Warranties regarding the accuracy or reliability of any information obtained through the service
We do not warrant that the service will meet your specific requirements or expectations.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- We shall not be liable for any loss of profits, data, business opportunities, or goodwill
- Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim
These limitations apply regardless of the legal theory upon which the claim is based.
11. Indemnification
You agree to indemnify and hold harmless everBetter Innovations, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of Kounet
- Your violation of these Terms
- Your violation of any third-party rights
- Your Data or content you submit to the platform
12. Termination
12.1 Termination by You
You may terminate your account at any time by contacting us. Upon termination:
- Your access to Kounet will be revoked
- Your Data will be handled according to our Privacy Policy
- No refunds will be provided for unused subscription periods unless required by law
12.2 Termination by Us
We may suspend or terminate your account if:
- You violate these Terms
- You fail to pay applicable fees
- We are required to do so by law
- We discontinue the service (with reasonable notice)
12.3 Effect of Termination
Upon termination, provisions that by their nature should survive will remain in effect, including intellectual property rights, disclaimers, limitations of liability, and indemnification.
13. Modifications to Terms
We may modify these Terms at any time. We will notify you of material changes by:
- Posting the updated Terms on our website
- Updating the "Last updated" date
- Sending an email notification for significant changes
Your continued use of Kounet after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the service.
14. General Provisions
14.1 Governing Law
These Terms are governed by the laws of Brunei Darussalam, without regard to conflict of law principles.
14.2 Dispute Resolution
Any disputes arising from these Terms or your use of Kounet shall be resolved through good-faith negotiations. If negotiations fail, disputes shall be submitted to the courts of Brunei Darussalam.
14.3 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
14.4 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and everBetter Innovations regarding Kounet.
14.5 No Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.
14.6 Assignment
You may not assign your rights under these Terms without our written consent. We may assign our rights to any affiliate or successor.
15. Contact Us
If you have questions about these Terms, please contact us:
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