Terms of Service

Last Updated: November 28, 2025

Welcome to Ekogni. These Terms of Service ("Terms") govern your use of the Ekogni computer-based testing platform (the "Service"), including our website, desktop applications, and related services. By creating an account, purchasing a subscription, or using our Service, you agree to be bound by these Terms.

Please read these Terms carefully. If you do not agree with any part of these Terms, you may not use our Service.

1. Service Description

1.1 What Ekogni Provides

Ekogni is a computer-based testing (CBT) platform designed for Nigerian schools, teachers, and educators. Our Service enables you to:

Create digital exams (objective multiple-choice and essay questions)
Administer exams to students offline (no internet connection required after initial setup)
Import questions from Word, PDF, or CSV documents
Grade objective questions automatically
Create practice tests in WAEC and JAMB formats
Manage institutional licenses for schools with multiple teachers and students

1.2 Service Availability

We strive to provide reliable service, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control (including but not limited to power outages, internet service provider failures, or third-party service disruptions).

1.3 Platform-Specific Notes

Desktop App: Supports offline exam administration and stores certain data locally with encryption. The desktop app does not process payments and does not use website cookies or hCaptcha.
Website: Uses essential session cookies and hCaptcha for security. All purchases are completed on the website via Paystack; we do not store payment card details.

2. Account Registration and Eligibility

2.1 Account Creation

To use the Service, you must create an account by providing:

Your full name (first, middle, last)
A valid email address
A secure password (minimum 8 characters)
Your role (student, teacher/instructor)
Your student or staff identification number

2.2 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update your information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.3 Institutional Accounts

For institutional (school) licenses, teachers must register using an email address from a verified school domain (e.g., teacher@schoolname.edu.ng). Generic email providers (Gmail, Yahoo, Hotmail, etc.) are not permitted for institutional teacher accounts.

2.4 Age Requirements

If you are under 18 years of age, you must have permission from a parent, guardian, or your educational institution to use the Service.

For Institutional Accounts: By creating accounts for students under 18 years of age, the school or educational institution certifies that they have obtained all necessary parental or guardian consent for the collection and processing of student data as required by Nigerian Data Protection Regulation (NDPR).

3. Subscription Plans and Pricing

3.1 Institutional Licenses (Schools)

Pricing:

₦1,500 per student per month
₦5,000 per student per term (4 months)
₦13,500 per student per year (12 months)
Minimum purchase: 20 student seats
Teacher accounts: Always FREE (unlimited)

Free Trial: New institutional customers are eligible for a one-time free trial of 4 months with 30 student seats and unlimited teacher accounts. Only one free trial per school domain is permitted.

3.2 Personal Licenses (Individual Teachers/Tutors)

Pricing:

For institutional customers: A school Data Processing Agreement (DPA) aligned with NDPR is available. See DPA for terms or contact support@ekogni.com for a countersigned copy.

₦3,500 per month
₦14,000 per term (4 months)
₦42,000 per year (12 months)
Processing fee: ₦200 per transaction

3.3 Currency

All prices are listed in Nigerian Naira (NGN). Payments are processed in NGN only.

4. Payment Terms

4.1 Payment Processing

All payments are processed securely through Paystack, our third-party payment provider. By making a payment, you agree to Paystack's terms of service and privacy policy. We do not store your credit card or banking information on our servers.

4.2 Billing Cycles

Subscriptions are billed in advance based on your selected billing cycle (monthly, termly, or yearly). Your subscription will remain active through the end of the paid period.

4.3 Automatic Renewal

Subscriptions do NOT automatically renew. When your subscription expires, your access to the Service will be suspended until you manually renew your subscription.

4.4 Failed Payments

If a payment fails, we will notify you via email at the address associated with your account. Your subscription will remain active through the end of your current paid period. However, you will not be able to renew or extend your subscription until any outstanding payment issues are resolved. Contact support@ekogni.com if you need assistance updating your payment information.

4.5 Adding Seats (Institutional Licenses)

Schools may purchase additional student seats at any time. Additional seats will be prorated based on your remaining subscription period.

4.6 Extending Time (Institutional Licenses)

Schools with active subscriptions may extend their subscription period by purchasing additional months, terms, or years at current pricing.

5. Refund Policy

5.1 Monthly and Termly Subscriptions

No refunds are provided for monthly or termly (4-month) subscriptions. All sales are final. Please carefully review your purchase before completing payment.

5.2 Yearly Subscriptions

Refunds for yearly (12-month) subscriptions are handled on a case-by-case basis at our sole discretion. While we are not obligated to provide refunds, we may consider pro-rated refunds in exceptional circumstances for subscriptions with significant unused time remaining. To request consideration for a refund, contact support@ekogni.com with your transaction reference number and explain your circumstances.

5.3 Free Trial Cancellations

You may cancel your free trial at any time during the 4-month trial period without charge. No payment information is required to start a free trial.

5.4 Exceptions

Refunds may be issued at our sole discretion in cases of:

Technical failures that prevent use of the Service for more than 72 consecutive hours
Duplicate or erroneous charges due to payment processing errors
Service non-delivery due to errors on our part

To request a refund, contact us at support@ekogni.com with your transaction reference number.

6. License Grant and Restrictions

6.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, Ekogni grants you a limited, non-exclusive, non-transferable, revocable license to:

Access and use the Service for your personal or institutional educational purposes
Download and install the Ekogni desktop application on devices you own or control
Create, store, and administer exams using the Service

6.2 Restrictions

You agree NOT to:

Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service or desktop applications
Modify, adapt, translate, or create derivative works of the Service
Rent, lease, sell, resell, sublicense, or otherwise transfer rights to the Service
Remove, alter, or obscure any copyright, trademark, or other proprietary notices
Use the Service to create a competing product or service
Share your account credentials with others or allow unauthorized access
Use automated tools (bots, scrapers, crawlers) to access the Service
Attempt to circumvent any security measures, anti-cheating features, or access restrictions

7. Content Ownership and Intellectual Property

7.1 Ekogni's Intellectual Property

The Service, including all software, applications, interfaces, designs, text, graphics, logos, and trademarks, is owned by Ekogni and protected by Nigerian and international intellectual property laws. All rights not expressly granted in these Terms are reserved by Ekogni.

7.2 User-Generated Content

Personal Licenses: You retain full ownership of all exams, questions, and content you create using a personal license.

Institutional Licenses: Content created by teachers using institutional (school) licenses belongs to the educational institution that purchased the license. When a teacher leaves the institution, the content they created remains with the school.

7.3 Imported Content Responsibility

You are solely responsible for ensuring that any content you import into the Service (from Word, PDF, or CSV files) does not infringe on third-party copyrights, trademarks, or other intellectual property rights. You represent and warrant that you have the necessary rights or permissions to use all imported content.

7.4 Content License to Ekogni

By using the Service, you grant Ekogni a limited, non-exclusive license to host, store, and process your content solely for the purpose of providing the Service to you. We will not sell, share, or use your educational content for any other purpose without your explicit consent.

8. Institutional License Management

8.1 Organization Owner Responsibilities

The person who purchases an institutional license ("Organization Owner") is responsible for:

Managing billing and payments for the institution
Approving or rejecting join requests from teachers and students
Verifying the eligibility of users requesting to join the organization
Monitoring seat usage and purchasing additional seats as needed
Transferring ownership to another authorized person if necessary

8.2 Admin Role

Organization Owners may promote members to "Admin" status. Admins can:

Approve or reject join requests
Remove members from the organization
View audit logs and activity history
Manage member roles

Admins do NOT have access to billing information or payment methods.

8.3 Join Requests

Users may request to join an organization by providing their email address. It is the responsibility of the Organization Owner or Admin to verify the identity and eligibility of users before approving join requests. Ekogni is not responsible for unauthorized access resulting from approved join requests.

8.4 Seat Management

Institutional licenses are sold based on the number of student seats. You will receive warnings when your organization reaches 90% of purchased seats. If you exceed your seat limit, you will be required to purchase additional seats to allow new students to join.

8.5 Removing Members

Organization Owners and Admins may remove members at any time. Removed members will lose access to the organization but retain their individual Ekogni accounts.

9. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Prohibited activities include but are not limited to:

Cheating or helping others cheat on exams
Uploading illegal, harmful, obscene, or copyrighted content without permission
Harassing, threatening, or impersonating others
Attempting to gain unauthorized access to other users' accounts or data
Distributing malware, viruses, or other harmful code
Using the Service for any unlawful purpose

10. Account Suspension and Termination

10.1 Non-Renewal by You

Since subscriptions do not automatically renew (see Section 4.3), you may choose not to renew when your subscription expires. Your access will remain active through the end of your paid subscription period. If you wish to delete your account before your subscription expires, contact support@ekogni.com. Refunds for early account closure are subject to the terms in Section 5 (Refund Policy).

10.2 Termination by Ekogni

We reserve the right to suspend or terminate your account immediately, without prior notice, if:

You violate these Terms or our Acceptable Use Policy
Your payment fails and is not resolved within 7 days
Your account is used for fraudulent, illegal, or abusive activities
We are required to do so by law or government order
We decide to discontinue the Service (with 30 days' notice)

10.3 Effect of Termination

Upon termination:

Your access to the Service will be immediately revoked
You will no longer be able to access your exams or data
We will delete your personal data within 90 days, except where we are required by law to retain it (e.g., billing records for tax purposes, which we retain for 6 years as required by the Companies Income Tax Act)
No refunds will be provided except as specified in Section 5

11. Data Privacy and Security

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, store, and protect your personal information. By using the Service, you consent to the data practices described in our Privacy Policy.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by law, Ekogni disclaims all warranties, including but not limited to:

Exam Integrity: We provide anti-cheating features (such as blur detection), but we do not guarantee that exams will be completely secure or cheat-proof. You are responsible for implementing your own proctoring and security measures.
Data Loss: While we maintain regular backups, we do not guarantee that your data will never be lost. You are responsible for maintaining your own backups of critical content.
Service Availability: We do not guarantee that the Service will be available 100% of the time or free from errors, bugs, or interruptions.
Offline Functionality: While the Service is designed to work offline after initial setup, we do not guarantee that offline functionality will work in all circumstances or on all devices.
Accuracy: We do not guarantee that automatic grading or other features will be error-free or accurate in all cases.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EKOGNI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

This includes but is not limited to damages resulting from:

Inability to access the Service during critical exam periods
Loss of exam data or student records
Security breaches or cheating incidents
Errors in automatic grading or exam administration
Third-party service failures (Paystack, Supabase, email providers)

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO EKOGNI IN THE 12 MONTHS PRECEDING THE CLAIM, OR ₦50,000, WHICHEVER IS LESS.

14. Indemnification

You agree to indemnify, defend, and hold harmless Ekogni, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising from:

Your use or misuse of the Service
Your violation of these Terms or any applicable law
Content you upload or import to the Service that infringes third-party rights
Unauthorized access to your account due to your failure to maintain credential security
Claims by students, teachers, or other users associated with your institutional account

15. Modifications to the Service and Terms

15.1 Service Modifications

We reserve the right to modify, update, or discontinue any features of the Service at any time, with or without notice. We will make reasonable efforts to notify you of significant changes via email or in-app notifications.

15.2 Pricing Changes

We may change our pricing at any time. Price changes will not affect your current subscription but will apply when you renew or purchase a new subscription. We will provide at least 30 days' notice of significant price increases.

15.3 Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email and/or by posting a notice on our website. Your continued use of the Service after such notification constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

16. Third-Party Services

The Service integrates with third-party services, including:

Paystack (payment processing)
Supabase (database and authentication)
Postmark (email delivery)
hCaptcha (CAPTCHA verification)

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the actions, errors, or omissions of these third-party providers.

17. Force Majeure

Ekogni shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

Acts of God (earthquakes, floods, storms)
War, terrorism, civil unrest
Government actions or regulations
Power outages or electrical failures
Internet service provider failures
Strikes or labor disputes
Third-party service provider failures (Paystack, Supabase, etc.)

18. Dispute Resolution and Governing Law

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to conflict of law principles.

18.2 Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails within 30 days, the dispute shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act of Nigeria.

18.3 Jurisdiction

If arbitration is not possible or fails, any legal action shall be brought exclusively in the courts of Lagos State, Nigeria. You consent to the personal jurisdiction of such courts.

18.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and EULA, constitute the entire agreement between you and Ekogni regarding the Service and supersede all prior agreements and understandings.

19.2 Severability

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

19.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms to any affiliate or successor without restriction.

19.5 Notices

We may provide notices to you via email at the address associated with your account or by posting on our website. You agree that electronic notices satisfy any legal requirement that such communications be in writing.

20. Contact Information

If you have questions, concerns, or complaints about these Terms or the Service, please contact us:

Ekogni Support
Email: support@ekogni.com
Phone: +234 810 248 6199
Hours: Monday-Friday, 8:00 AM - 6:00 PM WAT

For legal inquiries, contact: support@ekogni.com

By creating an account or using the Ekogni Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.