Terms of Use

1. Acceptance of these Terms

By creating an account, signing in, or otherwise accessing or using the Alif Cloud website, applications, mobile apps and related services (together, the "Service"), you agree to these Terms of Use ("Terms"). If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of a school, madrasah, mosque, organization or other entity (a "School"), you represent that you have the authority to bind that School, and "you" means both you and that School. The School is the customer of record and is responsible for all activity under its account.

These Terms incorporate by reference our Acceptable Use Policy, our Privacy Policy, our Cookie and Tracking Notice, and, where the School processes student records, our Student Data Privacy Addendum. Together these form the entire agreement between us.

2. Definitions

• "School" means the entity that has registered for an Alif Cloud account and is responsible for it.
• "Authorized User" means any person the School permits to access the Service, including administrators, office staff, teachers, parents, guardians and students.
• "School Data" means all data, content, records, files, messages and other information that the School or its Authorized Users submit to, or generate through, the Service. This includes student records, family contact details, attendance, grades, Quran and curriculum progress, behavior records, financial records, documents and messages.
• "Service" means the Alif Cloud software platform, websites, mobile applications, APIs and support services.
• "Documentation" means the help articles, guides and in-product instructions we make available.

3. Who you are contracting with

The Service is provided by TayoPro LLC, a Minnesota limited liability company doing business as Alif Cloud, operating from Minnesota, United States.

Registered address: 4951 W 77th St Suite 133, Edina, MN 55435.

General enquiries: hello@alifcloud.com. Legal notices: legal@alifcloud.com.

4. Eligibility and where the Service is offered

The Service is offered to Schools located in the United States and Canada only. It is not offered to, directed at, or intended for Schools, users or data subjects located in the United Kingdom, the European Union or European Economic Area, Switzerland, Australia, or any other jurisdiction outside the United States and Canada.

By registering, the School represents and warrants that it is established in the United States and Canada, that it will use the Service to serve students and families located in the United States and Canada, and that it will not use the Service to collect or process personal information of individuals located outside the United States and Canada.

If the School breaches this restriction, it does so on its own account and at its own risk. The School is solely responsible for any obligation, claim, fine or penalty arising under the law of any jurisdiction outside the United States and Canada as a result, and will indemnify us for it under Section 22.

We may refuse, suspend or terminate any account that we reasonably believe falls outside this geographic scope.

The Service is a business tool sold to institutions. It is not offered directly to consumers, and it is not offered to individuals under 18 in their own right. Students access the Service only through their School.

5. Accounts, credentials and administrators

The School must provide accurate registration information and keep it current. The School is responsible for configuring roles and permissions appropriately for its staff and families.

The School and each Authorized User are responsible for keeping credentials confidential. The School is responsible for all activity that occurs under its account, whether or not authorized by the School, except to the extent caused by our own failure to provide the security measures described in our Privacy Policy.

The School must notify us promptly at the address in Section 30 if it becomes aware of any unauthorized access to or use of its account.

6. The School is responsible for its own users and its own operations

This section is central to this agreement. Alif Cloud supplies software. The School runs the school.

• The School is responsible for the accuracy, quality, legality and appropriateness of all School Data, including anything entered by teachers, office staff, parents or students.
• The School is responsible for the conduct of its Authorized Users, including any misuse of the Service, any message sent through the Service, and any disclosure of student information caused by how the School configured permissions.
• The School is responsible for obtaining all consents, authorizations and notices required by law before collecting information from, or about, students and families, and before sending SMS, email or automated messages to them.
• The School is responsible for its own compliance with education, privacy, employment, tax, payment, telecommunications and non-discrimination law, and for its own record-retention obligations.
• The School is responsible for its own decisions. Reports, dashboards, projections, calculations and progress indicators in the Service are informational tools. They are not advice, and the School must not rely on them as the sole basis for any decision about a student, a family, an employee or the School's finances.
• The School is responsible for verifying invoices, amounts, discounts and payment records before relying on or acting on them.

7. School Data and the licence you grant us

The School retains all right, title and interest in School Data. We claim no ownership of it.

The School grants us a limited, non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display, process and back up School Data solely as needed to provide, secure, maintain and support the Service, and to comply with law. We do not use School Data for our own purposes.

We do not sell School Data. We do not use student data for advertising, and we do not use it to build a profile of any student for any purpose other than providing the Service to the School. We do not use School Data to train machine-learning models that serve anyone other than the School.

We may generate and use aggregated, de-identified statistics about how the Service is used, provided they cannot reasonably be used to identify any School, student or individual, and provided we do not publish them in a way that identifies a School without its permission.

8. Student and family data

As between the School and us, the School is the controller of School Data and we act as a service provider and processor on the School's documented instructions. We process School Data only to provide the Service, and for no independent purpose.

Where the School is subject to the Family Educational Rights and Privacy Act, the School designates us as a "school official" with a legitimate educational interest in the School Data we process, under 34 C.F.R. § 99.31(a)(1). We will use education records only for the purposes authorized by the School, will remain under the School's direct control with respect to their use and maintenance, and will not redisclose them except as the School directs or the law requires.

Our Student Data Privacy Addendum sets out these commitments in full, including deletion, subprocessors, security and breach notice. Where the Addendum conflicts with these Terms in respect of student data, the Addendum controls.

Requests from parents or students to access, correct or delete student records must be directed to the School. We will refer any such request we receive to the School and will assist the School in responding.

9. Acceptable use

The School and every Authorized User must comply with our Acceptable Use Policy, which forms part of these Terms.

We do not pre-screen School Data. We are not obliged to monitor the Service, but we may review content and activity where we reasonably believe it is necessary to operate the Service, to investigate a suspected violation, to protect the security of the Service or the safety of any person, or to comply with law.

We are not responsible for School Data or for any act or omission of any Authorized User. Content submitted through the Service is the responsibility of the person or School that submitted it.

10. Suspension and termination for misuse

We may suspend or limit access to the Service, or remove content, immediately and without prior notice, where we reasonably believe that:

• the Service is being used in violation of these Terms or the Acceptable Use Policy;
• continued access poses a security risk to the Service, to us or to any third party;
• the activity is unlawful, or exposes us or any person to legal liability or harm;
• a payment is overdue as described in Section 11; or
• suspension is required by law or by a request from a competent authority.

11. Plans, fees, trials, refunds and taxes

12. Third-party services

The Service integrates with third-party services, including Stripe for payments, Twilio for SMS, Google for calendar and holiday feeds, Expo for mobile push notifications, and our hosting and email delivery providers. A current list of subprocessors is available on request and in the Student Data Privacy Addendum.

Those services are operated by their own providers under their own terms. We are not responsible for their availability, performance, security, pricing or acts and omissions, and we do not warrant them. A failure or change in a third-party service may affect the Service, and that is not a breach of this agreement by us.

Where the School supplies its own third-party credentials or keys (for example its own Stripe or Twilio account), the School is responsible for that account, its charges, and its compliance with the provider's terms.

13. Our intellectual property

We and our licensors own the Service, including all software, designs, templates, text, graphics, and the Alif Cloud name and logo. These Terms grant the School a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the term, for the School's own internal educational and administrative purposes.

The School must not copy, modify, translate, create derivative works of, reverse engineer, decompile, or attempt to derive the source code of the Service; must not resell, sublicense, rent or provide the Service to a third party as a service bureau; must not remove proprietary notices; and must not use the Service to build a competing product.

Templates, forms, sample documents and other materials we provide are made available for the School's internal use. They are not legal documents and are not a substitute for advice from the School's own advisers.

14. Feedback

If the School or an Authorized User sends us suggestions, feature requests or other feedback, we may use it without restriction or compensation. Feedback is given voluntarily and is not confidential.

15. Confidentiality

Each party may receive non-public information from the other. Each party will protect the other's confidential information with at least reasonable care, use it only for purposes of this agreement, and disclose it only to personnel and contractors who need it and are bound by comparable obligations. This does not apply to information that is public, independently developed, or lawfully obtained from a third party, and does not prevent disclosure required by law provided reasonable notice is given where permitted.

16. Availability, changes and support

We aim to keep the Service available and to give advance notice of planned maintenance where practicable. We do not commit to any specific uptime percentage or service level unless we have agreed one in a separate written contract.

We may add, change, or remove features. If we discontinue a material feature that the School relies on, we will give reasonable advance notice by email or in-product.

Support is provided as described on our pricing page for the School's plan. Support does not include configuring the School's policies, entering the School's data, or advising on the School's legal obligations.

17. Data export and deletion

During the term, the School may export School Data using the export features in the Service. On request, we will provide reasonable assistance with an export.

After termination, we will retain School Data for 90 days so the School can retrieve it, and will delete or de-identify it promptly after that period, except for copies held in routine backups until they age out of their normal cycle, and except where retention is required by law. The School may request earlier deletion in writing.

The Student Data Privacy Addendum governs deletion and return of student records and prevails over this section for that data.

18. Term and termination

This agreement starts when the School first accesses the Service and continues until terminated.

The School may cancel at any time in the Service or by contacting us. Cancellation takes effect at the end of the current billing period unless the School asks for it to be immediate.

Either party may terminate for material breach if the breach is not cured within 30 days of written notice. We may terminate immediately as described in Section 10.

On termination: the School's right to access the Service ends, accrued fees remain payable, and Sections 7, 13, 15, 17, 19, 20, 21, 22, 23, 25, 26 and 31 survive.

19. No professional or compliance advice

Nothing in the Service, our Documentation, our templates, our blog, our directory listings or our communications is legal, accounting, tax, financial, medical, safeguarding, immigration or educational-compliance advice. We are a software company, not the School's adviser.

The School is solely responsible for determining what the law requires of it and for meeting those requirements. Features that reference a legal concept — record retention, consent capture, e-signatures, opt-outs, reporting — are tools the School may use in its own compliance programme. Their presence is not a representation that using them makes the School compliant.

Our school and organization directory pages contain information about third parties, some of it supplied by those third parties or gathered from public sources. We do not verify, endorse or vouch for any listed school or organization, and we are not responsible for dealings between users and them.

20. Disclaimer of warranties

THE SERVICE, THE DOCUMENTATION AND ALL RELATED MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICE WILL MEET THE SCHOOL'S REQUIREMENTS; OR THAT ANY DATA, CALCULATION, REPORT OR PROJECTION PRODUCED BY THE SERVICE WILL BE ACCURATE OR COMPLETE. THE SCHOOL IS RESPONSIBLE FOR VERIFYING ANY OUTPUT BEFORE RELYING ON IT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT AN EXCLUSION IS NOT PERMITTED, IT DOES NOT APPLY, AND OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

21. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, ENROLMENT, BUSINESS OPPORTUNITY, OR LOSS OR CORRUPTION OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES THE SCHOOL PAID US IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100).

WHERE THE SCHOOL USES THE SERVICE ON A FREE PLAN, OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED US DOLLARS (US$100).

WE ARE NOT LIABLE FOR: SCHOOL DATA OR ITS ACCURACY; ANY ACT OR OMISSION OF THE SCHOOL OR ANY AUTHORIZED USER; ANY MISUSE OF THE SERVICE BY ANY PERSON; ANY DECISION THE SCHOOL MAKES USING THE SERVICE; ANY COMMUNICATION THE SCHOOL SENDS THROUGH THE SERVICE; ANY THIRD-PARTY SERVICE; OR ANY MATTER ARISING UNDER THE LAW OF A JURISDICTION OUTSIDE THE TERRITORIES DESCRIBED IN SECTION 4.

THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHERWISE, AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WITHOUT THEM, THE FEES WOULD BE HIGHER.

NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE. THESE LIMITS DO NOT APPLY TO THE SCHOOL'S OBLIGATION TO PAY FEES OR TO THE SCHOOL'S INDEMNITY OBLIGATIONS.

22. Indemnification by the School

The School will defend, indemnify and hold harmless Alif Cloud, its affiliates, and their officers, members, employees and agents from and against any claim, demand, action, investigation, loss, liability, damage, fine, penalty, cost and expense (including reasonable legal fees) arising out of or relating to:

• School Data, including any allegation that it infringes a right, is unlawful, is inaccurate, or was collected or disclosed without a required consent or notice;
• the School's or any Authorized User's use or misuse of the Service, or breach of these Terms or the Acceptable Use Policy;
• any message, SMS, email, call or document the School or its Authorized Users send using the Service, including any claim under telemarketing, anti-spam or consumer protection law;
• the School's failure to obtain a consent, authorization, notice or approval required by law;
• the School's own compliance failures, including under education, privacy, employment, tax, payment or safeguarding law;
• any dispute between the School and a student, parent, guardian, employee, contractor or funder; and
• any claim, obligation or penalty arising under the law of any jurisdiction outside the United States and Canada, where it arises because the School used the Service in or in relation to that jurisdiction.

23. Force majeure

Neither party is liable for a delay or failure to perform caused by an event beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, civil unrest, terrorism, labour dispute, act of government, failure of the internet or of a utility, denial-of-service attack, or failure of a third-party service or hosting provider. This does not excuse an obligation to pay amounts due.

24. Assignment

The School may not assign or transfer this agreement without our prior written consent, except to a successor in a merger or sale of substantially all its assets that is not a competitor of ours. We may assign this agreement to an affiliate or in connection with a merger, acquisition or sale of assets. Any attempted assignment in breach of this section is void.

25. Governing law and venue

This agreement, and any dispute arising out of or relating to it or the Service, is governed by the laws of the State of Minnesota, United States, and the applicable federal law of the United States, without regard to conflict-of-laws rules.

Subject to Section 26, the parties submit to the exclusive jurisdiction of the state and federal courts located in Hennepin County, Minnesota, and waive any objection to that venue and any claim that it is an inconvenient forum.

The United Nations Convention on Contracts for the International Sale of Goods does not apply. The Uniform Computer Information Transactions Act does not apply.

The School acknowledges that it is contracting with a Minnesota company for a service provided from the United States, and that it is not relying on the law of any other jurisdiction.

26. Dispute resolution

Before starting a formal proceeding, the parties will attempt in good faith to resolve any dispute by negotiation. Either party may raise a dispute by written notice describing it, and the parties will confer within 30 days.

If the dispute is not resolved within 60 days of that notice, either party may bring it in the state and federal courts located in Hennepin County, Minnesota.

Each party waives any right to a trial by jury in any proceeding arising out of or relating to this agreement.

Any claim must be brought within one year after the cause of action accrues, to the extent that period is enforceable, or it is permanently barred.

Any dispute will be resolved on an individual basis. Neither party may bring a claim as a plaintiff or class member in a class, collective, consolidated or representative proceeding.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information.

27. Changes to these Terms

We may update these Terms, the Acceptable Use Policy, the Privacy Policy, the Cookie Notice and the Student Data Privacy Addendum from time to time.

For changes that materially reduce the School's rights or materially increase its obligations, we will give at least 30 days' notice by email to the account's administrative contact, or by prominent in-product notice, before the change takes effect. Other changes take effect when posted.

The "Last updated" date at the top of each document shows when it last changed. Continuing to use the Service after a change takes effect means the School accepts the updated document. If the School does not accept a material change, it may terminate before the change takes effect and, for a paid plan, receive a pro-rata refund of fees paid for the unused remainder of the current period.

For price changes, we will give at least 30 days' notice, and the new price applies from the School's next billing period.

28. Copyright complaints

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, send a notice with the elements required by 17 U.S.C. § 512(c)(3) to our designated agent:

legal@alifcloud.com — TayoPro LLC, 4951 W 77th St Suite 133, Edina, MN 55435.

We may remove or disable access to allegedly infringing content and may terminate accounts of repeat infringers. Submitting a knowingly false notice may expose you to liability.

29. Export controls and sanctions

The School must comply with United States export control and economic sanctions laws. The School represents that it is not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive US sanctions, and that it is not identified on any US government restricted-party list. The School must not permit any such person to access the Service.

30. Notices

Legal notices to us must be sent to legal@alifcloud.com and, for notices commencing a proceeding, also by post to 4951 W 77th St Suite 133, Edina, MN 55435.

We may give notice to the School by email to the administrative contact on the account, by in-product notice, or by posting on this website. The School is responsible for keeping its contact details current.

31. General

• Entire agreement. These Terms and the documents they incorporate are the entire agreement between the parties on this subject and supersede any prior or contemporaneous understanding, including any purchase order or vendor form the School submits, whose additional or conflicting terms are rejected and have no effect unless we sign them.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to be enforceable, or severed, and the remainder stays in force.
• No waiver. A failure to enforce a provision is not a waiver of it.
• No third-party beneficiaries. This agreement does not create rights for anyone other than the parties.
• Independent parties. The parties are independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship.
• Headings and summaries. Headings and the plain-language summary are for convenience and do not affect interpretation.
• Interpretation. "Including" means "including without limitation". No rule of construction against the drafter applies.

32. How to contact us

TayoPro LLC (doing business as Alif Cloud)

4951 W 77th St Suite 133, Edina, MN 55435

General: hello@alifcloud.com · Legal: legal@alifcloud.com · Privacy: privacy@alifcloud.com · Abuse: abuse@alifcloud.com · Phone: (612) 293-0636