Terms and conditions of use

The terms and conditions are valid from 1 February 2023.

Please also read the privacy notice.

Please also read about the use of cookies.

Please also read the terms and conditions of ordering.

These terms and conditions of use (hereinafter the terms and conditions) regulate the services provided on the Opiq platform by Star Cloud Limited (hereinafter Star Cloud), registry code PVT-ZQULMVXL, e-mail info@starcloud.ee, tel +254 722 719 960.

In order to use the Opiq service and any additional services, the user must consent to these terms and conditions, which form an integral part of the provision and user licence of the Opiq service and the additional services. These terms and conditions will not be signed separately, the terms and conditions will become valid as of the moment of starting to use the Opiq service and additional services.

  1. Definitions
    1. A client – a legal person who is a client of the Opiq platform (a school, local authority, etc.).
    2. A user – a user of the Opiq platform who is a natural person and has created an Opiq user account for themselves.
    3. The service – the Opiq platform, the functionalities offered on the platform, and the additional services of the platform (such as OpiqStat). The Opiq service is an information society service based on the explanation provided in the EU Directive 2015/1535 (hereinafter the platform or Opiq).
    4. The contract – the contract for provision of a service entered into between the client and Star Cloud.
    5. The online store – the online store of the Opiq platform.
    6. OpiqStat – an additional service of the Opiq platform for sending generalised statistical overviews to the client (such as statistical data on the use of the teaching materials or subject-based statistical data).
  2. General terms and conditions of using the service
    1. The user must approach the service prudently and based on the principle that they may not prevent, disturb, block, etc. the provision of the service in any manner, even if a certain activity is not explicitly prohibited in Opiq. Follow all instructions, references, and regulation signs provided by Opiq in the course of provision of the service. Do not attempt to gain access to the services or interfaces by disregarding such instructions, references, or regulation signs in a manner which is in conflict with the interface, instructions, or reference.
    2. In order to use the service, in most cases (unless for access to the materials which are being provided free of charge), the person must register as a user of Opiq and create a respective user account for themselves. Please be careful when creating your account and never submit any incorrect data about yourself.
    3. In order to ensure high-quality use of Opiq, we advise the user to install the latest version of one of the most commonly used web browsers on their device (e.g. Chrome, Explorer, Safari, Firefox, etc.).
    4. Opiq can be used based on a user licence (hereinafter the licence) and based on the terms and conditions specified in the licence or in another manner permitted in Opiq.
    5. Star Cloud will not guarantee the remaining of any of the products in the environment after the expiry of the user licence (i.e. one academic year). The contracts concluded with publishing houses usually ensure access to certain products until the end of the academic year). In the event of violation of a right (such as copyrights), the publishing houses may decide freely on when their product will cease to be accessible in Opiq.
    6. Opiq will not guarantee to the user fulfilling of the purpose of using the service. Using the service alone will not ensure a good performance or success in acquiring a certain subject.
    7. The statistical data from Opiq may not provide an overview of a student’s overall academic success, as it does not reflect the entire teaching process. In order to adequately analyse the academic success, a comprehensive overview of the student’s knowledge and results is required.
    8. The Opiq user instructions by roles can be found HERE.
    9. Opiq reserves the right to unilaterally amend these terms and conditions of using the service by notifying the users thereof at least 30 days in advance. If the user does not consent to the amendments, they may request deletion of their data from Opiq and cancel the contract within 30 days. If the user fails to do so within 30 days, they will be deemed to have accepted the amendments.
  3. Technical developments
    1. Star Cloud provides the platform with the functionality and technical level which are made available to the client upon entry into this contract. In order to order any further functions, development works are carried out based on an agreement between the parties.
    2. Star Cloud reserves the right to change the functionality of the platform, including in connection with the technical or substantial development of the service, development of additional functions, or the need to change the technical parameters.
    3. If the client does not accept the functional changes to the platform, the client may withdraw from the contract by notifying thereof at least thirty (30) calendar days in advance by an application for termination of the contract submitted in a format which can be reproduced in writing. If the client fails to withdraw from the contract within this period of time, the client will be deemed to have accepted the changes and the changes will become fully applicable.
  4. The fee and settling of accounts
    1. Paid services must be paid for pursuant to the procedure and based on the price list described or referred to in Opiq.
    2. The client will pay the service fee by calendar months. The settlement period is one calendar month. Invoices are submitted to the client within ten (10) days after the end of the previous settlement period. The due date of an invoice is specified on the respective invoice.
    3. Star Cloud may change their service fees by giving at least thirty (30) days of advance notice. If the client does not consent to the new service fees, they may terminate the contract ordinarily by giving thirty (30) calendar days of advance notice thereof.
    4. Star Cloud may suspend provision of the service and close the client’s account if a payment due by the client to Star Cloud is more than thirty (30) calendar days overdue.
    5. The purchases/orders made via the online store are paid for based on the instructions provided in the online store, as a rule, at the time of making the purchase or submitting the order.
  5. Intellectual property
    1. The service may not be used in any manner which violates anyone’s intellectual property. The user must strictly observe the rules and principles laid down by the copyright regulations in Kenya for Opiq. The user’s access to certain works or other results of creative work does not entitle the user to use it in any other manner than in compliance with the purpose of using the services, works, or products.
    2. The person distributing the service (a publishing house) will be held fully liable for the accuracy of the product and for compliance of the content of the product with the curriculum. Opiq will not be held liable in any way for the accuracy of the information contained in the products, i.e. for the accuracy of the content of the products.
    3. Opiq will not be monitoring compliance with the rules arising from the intellectual property rights to any product. However, Opiq will suspend the distribution of a product if there are grounds for suspecting violation of the intellectual property rules.
  6. Confidentiality
    1. Star Cloud ensures secure retention of the confidential data and personal data processed via the platform. Star Cloud will not be held liable for the confidential information or personal data disclosed via the client’s or user’s account becoming accessible by third parties due to the actions of the account manager (e.g. disclosing of the user name and/or password to a third party).
    2. Neither party to the contract may disclose any of the confidential information which they have become aware of in the course of using the service without the other party’s prior written consent. The confidentiality obligation will remain in force for the entire period of the contract and for three years after the expiry or termination of the contract.
    3. Please refrain from disclosing your passwords to anyone else and never send your passwords or other data used for authentication purposes by e-mail. Use your passwords vigilantly and carefully to avoid leaking of the passwords to unauthorised persons. Please keep in mind that in the event of a suspected leak of passwords, Star Cloud may suspend the provision of the service until the circumstances have been identified.
  7. Protection of personal data
    1. The clients who are legal persons (such as a school or a local authority) are subject to the data processing contract provided in Annex 1 to these terms and conditions of use of the service as an integral part of the terms and conditions.
    2. Private users, visitors to the Opiq website, and users of the Opiq online store are subject to the terms and conditions of processing of personal data which are described in the privacy notice of Opiq.
    3. If the user wishes to change or delete any of the information submitted by them and it cannot be done by using the means referred to in Opiq, they must submit a respective application by e-mail to the following address: info@starcloud.ee.
    4. The OpiqStat service is designed for the management of generalised statistical data on use by specific works or subjects and does not provide any user-based statistical data.
  8. Liability
    1. Star Cloud will not be held liable for the uninterrupted functioning of the service if the user’s software is not compliant with the recommended requirements.
    2. Star Cloud aims to provide a service of the highest quality and security level, but cannot always guarantee uninterrupted, timely, and error-free functioning of the platform. Star Cloud will not be held liable for any technical issues in the use of the platform or for any damage caused by such issues, including if those issues arise from the actions or omissions of a web hosting, internet service, or other service provider.
    3. Star Cloud will compensate to the client any direct material damages caused by non-performance or improper performance of their obligations which have resulted from Star Cloud’s intentional acts. Star Cloud will not be held liable for any indirect damage caused to the client and will not be required to compensate for any lost profits, expenses which have arisen from interruption of the client’s activities, or other such damages. Star Cloud will not compensate any damages in an extent which exceeds the total amount of the service fee payable for one (1) calendar month.
    4. In the event of becoming aware of any damage, the client must report to Star Cloud the amount of the damage and the grounds for compensation of the damage in writing within sixty (60) calendar days. Star Cloud may ask the client to provide documents which prove that damage was caused and the extent thereof, as well as other information required.
    5. In the event of the client’s delay in fulfilling financial obligations arising from the contract, the client will be required to pay a fine for late payment in the amount of 0.05% of the amount overdue for each day of the delay. The fine for late payment will be calculated from the day following the due date of the payment until the day of payment of the fees.
    6. The client’s failure to pay for a service will give Star Cloud the right to suspend the provision of the service and/or terminate the contract.
  9. Sending of notices
    1. The user must notify Star Cloud of any interruptions or anomalies in the functioning of Opiq by using the contact details provided in the preamble of these instructions.
    2. Opiq is not required to notify account holders of changes in the browser version or of changing the specific features, options, etc. of the Opiq user interface.
    3. The client must be notified of any significant changes in the functionality of the platform by an application submitted in a format which can be reproduced in writing or the changes must be integrated in the platform.
    4. In order to have the account of a school closed, the representative of the school must submit a submit application to Star Cloud.
  10. Suspension or termination of the service
    1. The contract will enter into force upon consenting to these terms and conditions. The contract will remain in force for one calendar year and will be extended automatically for the next one-year period. The parties may terminate the contract ordinarily by notifying the other party thereof at least thirty (30) calendar days before the end of the contract period by submitting an application for termination of the contract.
    2. Private users may withdraw from using the service within fourteen calendar days after consenting to these terms and conditions. This right of withdrawal is not applicable to digital products purchased from the online store.
    3. Star Cloud may change the service or suspend or terminate provision of the service. Star Cloud will notify account holders of changing, suspending, or terminating the service as soon as possible, depending on the potential impact of the respective change on the account owners. However, Star Cloud aims to ensure consistent and uninterrupted functioning of Opiq for the entire period of active use.
    4. Star Cloud is not required to notify of changing, suspending, or terminating the service if it is caused by a force majeure event, incl. telecommunications failures, strikes, acts or omissions of the government which prevent the provision of the service, etc.
    5. The use of the Opiq service will be temporarily or permanently suspended for an individual or a circle of individuals if there is a reason to suspect a breach of intellectual property or immorality (e.g. insulting another individual, vulgar behaviour, etc.).
    6. In the event of a suspected leak of passwords, Star Cloud may suspend provision of the service until the circumstances have been identified.
    7. Star Cloud may also restrict or suspend the provision of the service if we detect any malicious behaviour in the environment (e.g. the entry of a text or other information in the tasks which is in conflict with the general accepted moral standards) or a pattern of use which differs from the regular use of users. Star Cloud will involve the educational institution (school) in investigating the situation and decide whether or not to suspend the service in connection with the respective educational institution. If you suspect that your account has been used by an unauthorised person, please notify the staff or Star Cloud thereof immediately.
    8. Star Cloud will cancel a person’s licence and/or access to Opiq in the event of proven repeated violation of the rules of use of the Opiq service or if the user refuses to fulfil and obligation arising from these terms and conditions or the law.
    9. Suspension or termination of the provision of the service to the users of an educational institution (school) is decided in cooperation with the management of the school.
    10. In the event of a failure to pay for the service, Star Cloud may suspend or terminate the service if the payment to Star Cloud is more than thirty (30) calendar days overdue.
  11. Settling of disputes
    1. The parties will attempt to settle any disputes arising form the terms and conditions of processing of data or in connection thereof by negotiations. If the negotiations are unsuccessful, the dispute will be settled in the Harju County Court based on the legislation applicable in the Republic of Estonia.
    2. Disputers arising from consumer regulations will be first directed to the official authority in Kenya (the Competition Authority of Kenya).
Terms and conditions of use
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