Terms & Conditions

1. About SmartAttend

SmartAttend is a technology platform designed to help educational institutions manage attendance digitally.

Depending on the features enabled by an institution, SmartAttend may provide:

• Digital attendance sessions
• Hall GPS attendance verification
• Location-based classroom geofences
• Device or phone binding
• Class and timetable management
• Student and staff management
• Attendance records and reports
• Administrative dashboards
• Mobile access
• Offline attendance functionality where supported
• Institution-level attendance analytics and management tools
• Classroom displays where configured

Institutional responsibility for academics

SmartAttend is a technology service. The institution using SmartAttend remains responsible for its own academic policies, attendance requirements, disciplinary decisions, and interpretation of attendance records.

New schools typically start on a 6-month free trial unless we agree otherwise in writing.

2. Eligibility

You may use SmartAttend only if you are legally capable of entering into these Terms.

If you are using SmartAttend on behalf of an educational institution, organization, or other entity, you represent that you have the authority to bind that entity to these Terms.

Students and other users may access SmartAttend through an institution that has authorized their use of the platform.

3. Institutional Accounts

Educational institutions may create or maintain an institutional account on SmartAttend.

An institution may designate administrators who are responsible for:

• Managing institutional settings
• Managing authorized users
• Assigning staff and students
• Managing classes and courses
• Configuring attendance methods
• Reviewing attendance records
• Managing institutional access and permissions

Administrator duties

Institutional administrators are responsible for maintaining accurate information and ensuring that users are authorized to access the platform.

4. User Accounts

Users may be required to provide information such as:

• Full name
• Student or staff identification information
• Login credentials
• Institution
• Department
• Programme
• Course or class information
• Other information required by the institution

Account security

You are responsible for keeping your login credentials confidential.

You must not:

• Share your password with another person
• Allow another person to use your account
• Attempt to access another user’s account
• Circumvent authentication, device binding, or security controls
• Use another person’s identity to record attendance

Compromised accounts

If you believe your account has been compromised, you should notify your institution or SmartAttend promptly.

School and platform administrators may be required to use an authenticator app. Students typically use the mobile app for attendance.

5. Attendance Integrity

SmartAttend is designed to help institutions create reliable digital attendance records.

Depending on the configuration selected by the institution, attendance may be verified using one or more mechanisms, including location information, device binding, staff verification, or other technical controls.

You agree not to:

• Submit attendance on behalf of another person
• Share credentials for the purpose of falsifying attendance
• Manipulate device or location information
• Circumvent SmartAttend security controls
• Interfere with an attendance session
• Attempt to alter attendance records without authorization

Consequences and academic decisions

Attempts to manipulate attendance may result in suspension of access and may also be subject to the institution’s academic or disciplinary procedures.

SmartAttend does not determine whether a student’s absence or presence should result in an academic penalty. Those decisions belong to the institution.

6. Location-Based Features

Some institutions may enable location-based attendance verification.

Where this feature is enabled, SmartAttend may request location information from a user’s device for the purpose of verifying whether the user is within an authorized attendance area.

Location information may be used only for the functionality and purposes described in our Privacy Policy and the institution’s applicable policies.

Users may be unable to use location-dependent attendance functionality if they deny the required device permissions.

SmartAttend does not guarantee that GPS or location services will always be precise or available.

7. Classroom Check-in

SmartAttend may verify physical attendance using hall GPS against a classroom pin configured by the institution.

Sessions typically open from the institution’s timetable. Online or hybrid modules may use a meeting join instead of a classroom geofence.

You must not attempt to reverse engineer, reproduce, manipulate, or bypass these mechanisms.

The institution is responsible for determining which attendance method is enabled for a particular class.

8. Offline Functionality

Certain SmartAttend features may continue to operate when internet connectivity is limited or temporarily unavailable.

Where offline attendance is supported, attendance information may be stored temporarily on the user’s device and synchronized when connectivity becomes available.

Offline functionality may have technical limitations. SmartAttend does not guarantee that every feature will remain available without an internet connection.

9. Institutional Data

When an institution uses SmartAttend, the institution may provide or manage information relating to its students, staff, courses, classes, and attendance records.

The institution is responsible for ensuring that it has an appropriate legal basis and authority to provide such information to SmartAttend and to use the platform.

SmartAttend processes institutional information in order to provide and operate the Service.

Where applicable, the relationship between SmartAttend and an institution may be further governed by a separate agreement.

10. Acceptable Use

You agree to use SmartAttend only for lawful and legitimate purposes.

You must not:

• Use SmartAttend to commit or facilitate unlawful activity
• Attempt unauthorized access to the platform
• Introduce malicious software
• Conduct unauthorized security testing
• Scrape or extract platform data without authorization
• Reverse engineer the Service except where legally permitted
• Interfere with the availability or security of SmartAttend
• Abuse or overload the platform
• Impersonate another user or institution
• Use the platform to harass, threaten, or harm another person

Investigations

We reserve the right to investigate suspected violations.

11. Intellectual Property

SmartAttend and its underlying technology, software, interface, design, branding, documentation, graphics, logos, and related materials are owned by or licensed to Dev with Mercedes unless otherwise stated.

The SmartAttend name, branding, logos, visual identity, and associated materials may not be copied, reproduced, modified, or commercially exploited without prior written permission.

Using SmartAttend does not transfer ownership of any part of the Service to you or your institution.

Institutional data remains subject to the rights and arrangements applicable to that data.

12. Feedback

If you provide suggestions, ideas, recommendations, or other feedback concerning SmartAttend, you agree that we may use that feedback to improve the Service without being required to compensate you, provided that doing so does not disclose confidential information belonging to you or your institution.

13. Availability and Service Changes

We aim to keep SmartAttend reliable and available, but we do not guarantee uninterrupted access.

The Service may occasionally be unavailable because of:

• Maintenance
• Updates
• Security measures
• Infrastructure failures
• Internet or telecommunications failures
• Third-party service interruptions
• Circumstances beyond our reasonable control

Changes to the Service

We may modify, improve, suspend, or discontinue features of SmartAttend when reasonably necessary.

Where practical, we will provide notice of significant changes.

Campus Wi-Fi, GPS accuracy, and device permissions are outside our control.

14. Accuracy of Attendance Records

SmartAttend provides technical tools for recording and managing attendance.

While we take reasonable steps to maintain reliable records, technical errors may occur.

Institutions and authorized administrators should review attendance records and resolve disputes according to their internal procedures.

SmartAttend should not be treated as the sole authority for an academic decision where the institution’s policies require additional verification.

15. Third-Party Services

SmartAttend may rely on third-party infrastructure, hosting, authentication, communication, analytics, mapping, payment, or other service providers.

Third-party services may have their own terms and privacy policies.

We do not control the independent practices of third-party providers and are not responsible for services that are outside our reasonable control.

16. Subscriptions and Payments

Where SmartAttend is offered as a paid service, pricing, billing frequency, trial periods, payment methods, renewal terms, and cancellation conditions will be communicated to the relevant institution before or during subscription.

Unless otherwise agreed in writing, an institution is responsible for ensuring that subscription payments are made when due.

We reserve the right to suspend paid features where an account remains unpaid, subject to any applicable agreement or notice requirements.

The trial is free for 6 months unless otherwise agreed. Prices shown in Ghana cedis on the website are the public list prices. A Custom installation is quoted separately.

17. Suspension and Termination

We may suspend or terminate access where:

• These Terms are materially violated
• The account is used fraudulently
• There is a security risk
• Continued access may harm the Service or other users
• Required payments remain outstanding
• We are legally required to do so

Institutional user controls

Institutions may also manage or terminate individual user access through their administrative controls where those controls are available.

Termination does not automatically remove legal obligations that are intended to survive termination.

18. Privacy

Your use of SmartAttend is also governed by our Privacy Policy and Cookie Policy.

These documents explain how information is collected, used, stored, and protected.

19. Disclaimer

SmartAttend is provided as a technology service designed to assist with attendance management.

To the maximum extent permitted by applicable law, SmartAttend is provided without guarantees that the Service will always be uninterrupted, error-free, or suitable for every particular institutional requirement.

Nothing in these Terms excludes rights or protections that cannot lawfully be excluded.

20. Limitation of Liability

To the maximum extent permitted by applicable law, Dev with Mercedes will not be responsible for indirect, incidental, consequential, special, or punitive losses arising from your use of SmartAttend.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

Where an institution has a separate written agreement with Dev with Mercedes, that agreement may contain specific liability provisions that apply to the institutional relationship.

Attendance records support the school’s own academic process. SmartAttend is not liable for exam eligibility, disciplinary outcomes, or decisions the school makes from the reports.

21. Indemnity

To the extent permitted by law, you agree to be responsible for losses, claims, or expenses arising from your unlawful use of SmartAttend, violation of these Terms, or misuse of another person’s account or information.

22. Changes to These Terms

We may update these Terms from time to time.

When material changes are made, we will update the “Last Updated” date and, where appropriate, provide additional notice.

Your continued use of SmartAttend after an updated version becomes effective constitutes acceptance of the updated Terms, subject to applicable law.

23. Governing Law

These Terms shall be interpreted in accordance with the applicable laws of the Republic of Ghana, unless another jurisdiction is required by applicable law or agreed in writing.

Any dispute should first be addressed through good-faith communication between the relevant parties before formal proceedings are initiated, where legally appropriate.

Disputes are subject to the courts of Ghana, without limiting any rights a data subject has before the Data Protection Commission.

24. Contact

For questions regarding these Terms or SmartAttend:

SmartAttend

Operated by Dev with Mercedes

Website: https://www.smartattend.co

Email: support@smartattend.co