Thank you for your interest
in publishing content for The Kenya Education Cloud. This Content
Developer Agreement; Kenya Education Cloud Store (this “Agreement”)
includes the Exhibits and all documents expressly referenced herein
and describes the relationship between you and The Kenya Education
Cloud (“KEC,” “we,” “us” or “our”) and governs your use of the Kenya
Education Cloud Store to make content available to Customers and the
Content Publisher Portal.
By agreeing to these terms, you represent and warrant to us that you
have the authority to accept this Agreement, and you also agree to
be bound by its terms. Throughout this Agreement, we refer to you as
a developer, but we understand that in some cases, you may be a
publisher submitting content and apps that you did not develop.
Terms and Conditions
- DEFINITIONS. In this Agreement, the
following definitions apply:
- “Account Fee” means the fee you pay to Kenya education Cloud to
establish and access your Publisher’s Account.
- “Affiliate” means any legal entity that owns, is owned by, or is
commonly owned with a party. “Own” means more than 50% ownership
or the right to direct the management of the entity.
- ”Content” “Application” or “App” means an application or
extension that can be submitted to Publisher Portal.
- “Content Assets” means, for each App or content, the name,
trademarks, logos, icons, product descriptions, App titles,
In-App Product names, trade dress, images, screenshots, video
trailers, User Generated Content, and other metadata you provide
to Kenya Education Cloud for use in connection with the
submission and distribution of your content, App or In-App
Product in connection with the Store.
- “Content Proceeds” means Net Receipts minus the Store Fee.
- “Certification” means Kenya Education Cloud’s process for
testing the compliance of content and/or Apps with the
applicable Certification Requirements. Content or App is
“Certified” when (i) Kenya Education Cloud (or Kenya Education
Cloud’s designated certification provider) confirms that the
Content or App has completed and passed Curation and (ii) the
Content or App has been approved and assigned with a Kenya
Education Cloud-issued certificate.
- “Certification Requirements” means the technical, functional,
content, and other policy requirements provided by Kenya
Education Cloud (at https://kicd.ac.ke/curriculum-reform/,
or another location(s) specified by Kenya Education Cloud) for
Content, Apps and In-App Products offered through the Store.
- “Commerce Expansion Adjustment” means an additional percentage
of Net Receipts for an App or In-App Product which will be
retained by Kenya Education Cloud for certain types of
transactions in certain countries or regions, which terms may be
updated from time to time.
- “Covered Parties” means, collectively, Kenya Education Cloud,
Kenya Education Cloud’s Affiliates, authorized resale partners,
and network operators that provide billing services for the
- “Customer” means any end user customer of the Store who seeks or
acquires Content, App or In-App Product, regardless of whether
such Customer pays a fee to obtain the Content, App or In-App
- “Content Publisher Portal” or “Publisher Portal” means a
website, currently available at http://cms.kec.ac.ke,
or other Kenya Education Cloud owned and operated interface,
through which content and app developers access information and
receive communications from Kenya Education Cloud relating to
the Store and can submit Apps for Certification and make Apps
and In-App Products available in the Store.
- “Documentation” means the Content Publisher Portal and the
Certification Requirements, and such other Store materials and
information Kenya Education Cloud makes available to developers
from time to time.
- “Educational Institutions” means educational entities and
includes administrative offices, boards of education, public
libraries, and museums.
- “FOSS” or “Free and Open Source Software” means any software
licensed under an Open Source Initiative Approved License, a
list of which is currently available at http://opensource.org/licenses/alphabetical.
- “Game” means any Content or App that is submitted to the Store
and categorized by Kenya Education Cloud into the “Games” or
other similar category in the Store, or any App that in Kenya
Education Cloud’s sole discretion is primarily intended to
provide users with gaming functionality.
- “In-App Product” means a supplementary digital item including
downloadable additional content for an App that is offered to a
Customer for acquisition through the Store, whether on a fixed
or recurring basis; after an In-App Product is acquired by a
Customer, it is delivered to the App by the developer.
- “Kenya Education Cloud Account” means the unique user name and
password that identifies a customer of Kenya Education Cloud
- “Kenya Education Cloud Mark” means the Store logo, icon, and
download badges described at
- “NDA” means the Kenya Education Cloud nondisclosure agreement
between you and Kenya Education Cloud, if any.
- “Net Receipts” means the total amounts received by Kenya
Education Cloud or its Affiliates from Customers in connection
with the download of content, App or purchase of an In-App
Product through the Store, (i) minus any sales, use, or VAT/GST
taxes collected from Customers for remittance by Kenya Education
Cloud or a billing service provider as provided in Section 6.h
of this Agreement; (ii) minus any amounts refunded or paid to
Customers or charged back by Kenya Education Cloud or its
billing service provider or other authorized partner; and (iii)
minus any amounts you owe to Kenya Education Cloud under this
- “Organization” means a third party company, educational
institution, governmental agency, or other organization.
- “Personal Information” means any information relating to an
identified or identifiable natural person; an identifiable
natural person is one who can be identified, directly or
indirectly, in particular by reference to an identifier such as
a name, an identification number, location data, an online
identifier or to one or more factors specific to the physical,
physiological, genetic, mental, economic, cultural or social
identity of that natural person.
- “Promotional Code” means a Kenya Education Cloud-generated code
that is redeemable by customers for Apps and/or In-App Products
in the Store.
- “Standard Content License Terms” or “SCLT” means the Customer
license agreement made available by Kenya Education Cloud as set
forth in http://kec.ac.ke/standard-content-license-terms/
(or another location specified by Kenya Education Cloud).
- “Store” or “Kenya Education Cloud Store” means a Kenya Education
Cloud owned or operated platform, however named, through which
Content and Apps may be offered to or acquired by Customers.
- “Store Account” means a service account for the Content
Publisher Portal, which includes a user name and password.
- “Store Fee” means the percentage of Net Receipts for content,
App or In-App Product which is retained by Kenya Education Cloud
as a fee for making the content, App or In-App Product available
in the Store.
- “KES” means Kenyan Shillings.
- “User Generated Content” means content in any format, including
graphics, text, or voice content, which originates from end
users or Customers and is published through or as part of the
- “The Kenya Education Cloud Device” means an electronic device
that is capable of running Apps and access digital content.
- “Kenya Education Cloud Store for Business” means a program,
however named, offered by Kenya Education Cloud to Organizations
to acquire and initiate distribution of Apps and In-App Products
for use by authorized employees, agents and members of each
- STORE ACCOUNT. To submit Apps to the
Store, you must open a Store Account through the Content
Publisher Portal. Kenya Education Cloud may verify information
you submit when you set up your Store Account. You may be
required to pay an Account Fee to submit your App for
Certification. Kenya Education Cloud may use the contact
information you provide with your Store Account to send you
newsletters and information regarding events, contests,
promotions, and the like. You agree that Kenya Education Cloud
may publicly display in the Store the email address that you
provide in Content Publisher Portal for customer support
purposes. Your Store Account is only for use by you and the
individuals you authorize as your delegates in the Content
Publisher Portal. You are responsible for all activity that
takes place with your Store Account. You may not share your user
name and password or otherwise authorize any third party (other
than your authorized delegate(s)) to access or use the Store
and/or Content Publisher Portal on your behalf. If you fail to
keep your Store Account in good standing (for example, by
failing to pay fees, if any, associated with the Store Account,
by giving Kenya Education Cloud incorrect or outdated
information, by failing to provide any required tax information,
by engaging in dishonest or fraudulent activity, by failing to
maintain an active state in the Store catalog, or by repeatedly
submitting Apps and Content that violate this Agreement, abusing
the Store service, or interfering with any other party’s use of
the Store service) Kenya Education Cloud may revoke your Store
Account, remove your Apps and/or Content and Content from the
Store, delete App and/or Content ratings and reviews, retain
associated Account Fees (if any), and pursue any other remedies
available to Kenya Education Cloud (including, where
appropriate, the retention of any Content Proceeds otherwise
owed to you).
- SUBMISSION, EVALUATION, CERTIFICATION, AND DISTRIBUTION
OF CONTENT AND APPS.
- Submission.You must submit to Kenya Education
Cloud each Content, App and the metadata for each In-App Product
that you wish to make available through the Store, including any
updates to each App. You are solely responsible and liable for
the Content, App and In-App Products you submit. You are
responsible for supporting your Content, App and for delivering
and supporting your In-App Products. Kenya Education Cloud will
retain (or destroy) all copies of the App and other materials
you submit. Kenya Education Cloud will not return them, so you
must maintain your own backup copies.
- Updates to Content and Apps.You may submit
updates to Content and Apps for Certification and distribution
through the Store. Those updates are subject to all of the
requirements of this Agreement. You understand that end users
may elect to receive updates automatically. You may not add any
new functionality to your App via an update which requires
written consent from the Customer without first providing notice
to the Customer and obtaining any consents as may be required by
law in the markets where you choose to distribute your App.
- Evaluation and Testing.
- Initial Certification.Kenya Education Cloud
will test each Content and/or App (including any updates) you
submit for compliance with this Agreement (which includes the
applicable Certification Requirements) and other policies made
available to you (if any). Kenya Education Cloud will not make
any Content available in the Store unless and until the Content
- Content.You are solely responsible for
selecting all content made available through your submitted
Content, App and In-App Product(s), including your App Assets,
and for ensuring that such content complies with the terms of
this Agreement and all applicable laws and regulations. Kenya
Education Cloud’s Certification of an Content does not
constitute any representation or acknowledgement by Kenya
Education Cloud that the Content complies with such
requirements, nor does it constitute any acceptance by Kenya
Education Cloud of any responsibility or liability in connection
with such requirements.
- Responding to Claims.If Kenya Education Cloud
receives a claim from a third party requesting that your Content
be changed or removed, Kenya Education Cloud may remove the
Content and/or refer that claim to you. You must respond to the
notice as soon as reasonably practicable and comply with any
other requirements in Kenya Education Cloud’s Notice and
Takedown policies at
- Making a Claim.If you believe another Content
submitted to the KEC Store violates your rights, you may submit
a claim to Kenya Education Cloud in accordance with Kenya
Education Cloud’s Notice and Takedown policies.
- App Availability.Kenya Education Cloud has no
obligation to make any Content, App or In-App Product available
that you submit or to maintain the availability of the Content,
App or In-App Product, even if that Content has been Certified.
- App Placement and Promotion.Kenya Education
Cloud reserves the right, in its sole discretion, to make (or to
designate Affiliates or third parties to make) all decisions
regarding placement or promotion of Content anywhere in the
- Promotional Codes.If you select the Promotional
Code offer in Publisher Portal, then you grant Kenya Education
Cloud, its agents, Affiliates, licensees and retail partners the
right to use your App Assets in connection with the manufacture,
distribution, promotion, and marketing of Promotional Codes. You
may not offer or distribute Promotional Codes in any manner
except as follows:
- Promotional Codes provide free downloads of your
Content, App and In-App Product, and can be used by
Customers to acquire content available in the Kenya
Education Cloud Store.
- You are provided a limited number of Promotional Codes
that can each be used a limited number of times for each
Content, App or In-App Product as a way to promote and
deliver your Content or game-related content (App or
In-App Product), for Customer retention programs and
- You forfeit revenue for your Content App or In-App
Product if you give out Promotional Codes.
- You shall not resell the Promotional Codes or get any
payment for them.
- You shall distribute Promotional Codes only to Customers
of the appropriate age, corresponding to the Promotional
Codes you generate.
- Hidden content time limit: Premium content enabled
through these Promotional Codes must be made available
to Customers on the App within 60 days of release of the
- Removal Policies.Kenya Education Cloud may
remove or suspend the availability of any Content, App or In-App
Product from the Store for any reason. Reasons may include,
without limitation, (i) your breach of the terms of this
Agreement or the Documentation; (ii) your express termination of
this Agreement or of the license grants associated with Content,
App or In-App Product; (iii) an assertion or claim that your
Content, App or In-App Product infringes the intellectual
property rights of a third party; (iv) an assertion by a mobile
network operator that your Content, App or In-App Product causes
harm to the operator’s network; (v) an assertion by a mobile
network operator that your Content/App is already provided under
an agreement between you and a mobile operator or (vi)
complaint(s) about the content or quality of your Content, App
or In-App Product. Kenya Education Cloud also may disable
previously downloaded copies of Content/ App if Kenya Education
Cloud believes that the App could cause harm to end users or
their devices, third parties (including any Covered Parties) or
any network, or to comply with any judicial process, government
order or lawsuit settlement. Unless your Content, App or In-App
Product that accrued Content Proceeds is removed or disabled for
breach of the terms of this Agreement or the Documentation, or
in response to an infringement allegation (in which case Section
11.b will apply), Kenya Education Cloud will pay to you the
amounts owed, if any, in connection with the distribution of
your Content, App or In-App Product that accrued Content
Proceeds before removal or disablement. Kenya Education Cloud’s
termination and suspension rights are without prejudice to its
other rights and remedies.
- Modification or Discontinuance.The Store and
Publisher Portal are the property of Kenya Education Cloud.
Kenya Education Cloud may, in its sole discretion, change or
discontinue the Store and Publisher Portal at any time.