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Terms of Use

Last updated: June 2026

1. Acceptance of Terms

These Terms govern access to and use of the Zyqual platform and related products, including ZyAi and ZyqualSMS (the "Platform"), operated by Zyqual Ltd. By accessing, registering for, or using the Platform, you agree to these Terms and to any lawful policies or instructions issued by your school, the Ministry of Education and Youth, JTC, or another authorised organisation connected to your account.

2. Authorised Education Use

Zyqual is provided for legitimate education-sector purposes, including observation, appraisal, professional development, school improvement, reporting, support, and administration. Access may require a valid official or approved institutional email, identity verification, role assignment, and approval by an authorised administrator.

3. Accounts and Credentials

You are responsible for:

  • keeping your username, password, MFA device, and session secure;
  • using only your own account;
  • ensuring information you enter is accurate and appropriate;
  • promptly reporting suspected unauthorised access or misuse.

You must not share credentials, impersonate another user, bypass security controls, or access records without a legitimate assigned role and purpose.

A school may maintain a permanent institutional administrator account tied to its official school email address for continuity, recovery, and authorised school administration. This account is intended to protect the school's access when named staff leave or change roles. It should not replace normal day-to-day named user accounts for personal-record access. Where the institutional account is used for sensitive or personal-data access, Zyqual may require stronger controls, including MFA, password rotation, purpose capture, audit logging, and notification or audit visibility where required or enabled.

4. Data Ownership and Control

Education records entered into Zyqual remain controlled by the originating school, the Ministry of Education and Youth, JTC, or another authorised education-sector body, as applicable. Zyqual does not sell those records and does not claim ownership of them. Zyqual receives a limited right to host, process, secure, back up, display, transmit, and report on the data only as needed to provide the Platform, comply with lawful instructions, and meet legal or contractual obligations.

5. Role-Based Access, Audit, and Transparency

Access to records is controlled by role, school or organisation scope, and purpose. Schools, Ministry users, JTC users, regional or national users, and Zyqual support staff may have different access levels depending on their responsibilities. Zyqual may log access, changes, downloads, security events, and administrative actions. High-level access to personal-level records may be subject to additional audit, purpose capture, notification, or review where required by law, agreement, institutional policy, or platform workflow.

6. Permitted Use

You agree to:

  • use Zyqual only for authorised education-sector purposes;
  • respect privacy, confidentiality, dignity, and professional obligations;
  • follow Jamaican law, data-protection requirements, child-protection obligations, cybercrime laws, electronic-transaction requirements, MoEY/JTC policies, and institutional rules;
  • avoid entering unnecessary personal data or inappropriate comments;
  • review AI-assisted or analytics outputs before relying on them.

7. Prohibited Use

You may not:

  • access, view, export, alter, or disclose data without authorisation and a valid purpose;
  • use the Platform for unlawful, discriminatory, harmful, deceptive, or non-educational purposes;
  • attempt to defeat role-based permissions, monitoring, rate limits, or security controls;
  • upload malware or interfere with platform availability or integrity;
  • bulk export, scrape, or mine data except through authorised features and approved purposes;
  • use personal data for direct marketing, unrelated commercial activity, or unauthorised profiling;
  • reverse engineer, decompile, or attempt to extract source code except where law expressly permits.

8. Intellectual Property

The Platform, software, interface, workflows, documentation, logos, trademarks, and non-customer content remain owned by Zyqual Ltd. or its licensors. These Terms do not grant rights to Zyqual branding or source code.

9. AI and Analytics

Zyqual may provide AI-assisted or analytics features. These are support tools, not a replacement for professional judgement, lawful decision-making, or policy compliance. Users remain responsible for checking outputs, applying context, and ensuring that any decision affecting a person is made by authorised humans with appropriate evidence.

10. Service Availability and Changes

We work to keep the Platform available, secure, and reliable, but access may be interrupted by maintenance, emergency patches, incidents, third-party outages, or events outside our reasonable control. We may update features, security controls, access rules, and policies to meet operational, legal, or education-sector requirements.

11. Suspension or Termination

Access may be suspended or terminated if an account is no longer authorised, if you breach these Terms, if your role changes, if required by your institution or an authorised public body, or if needed to protect security, privacy, or platform integrity.

12. Privacy and Data Protection

Use of the Platform is subject to our Privacy Policy and Cookie Policy. You must handle all personal data accessed through Zyqual confidentially and only for authorised purposes.

13. Disclaimers

The Platform is provided on an "as is" and "as available" basis to the maximum extent permitted by law. Zyqual does not warrant that the Platform will be uninterrupted, error-free, or suitable for every specific local requirement. Nothing in these Terms limits rights or obligations that cannot lawfully be limited.

14. Limitation of Liability

To the maximum extent permitted by Jamaican law, Zyqual, its directors, employees, and service providers will not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of the Platform. This limitation does not exclude liability that cannot legally be excluded.

15. Governing Law

These Terms are governed by the laws of Jamaica. Disputes arising from these Terms or the Platform are subject to the courts of Jamaica, unless another lawful dispute process applies through a written agreement with an authorised organisation.

16. Contact

For questions about these Terms, email info [at] zyqual.com or call +1 876-491-0647.