These Terms of Service ("Terms") form a legally binding agreement between you, the educational institution subscribing to the platform (the "School" or "you"), and ScalMint ("ScalMint", "Company", "we", "us", or "our"), the operator of the OPERASCH (OPERASCH) platform. These Terms govern your access to and use of the OPERASCH website, platform, and any related services (collectively, the "Service").
By registering an account or otherwise accessing the Service, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Data Processing Agreement, each of which is incorporated by reference into these Terms.
1. Agreement to Terms
By accessing or using OPERASCH, you agree to be bound by these Terms in full. If you do not agree to any part of these Terms, you must not access or use the Service. If you are entering into this agreement on behalf of a School, you represent and warrant that you have the legal authority to bind that School to these Terms.
Your continued use of OPERASCH following the posting of any changes to these Terms (as described in Section 16) constitutes your acceptance of those changes.
2. Definitions
The following terms have the meanings set out below when used in these Terms:
- "Service"
- The OPERASCH cloud-based school management platform, including its website, web application, application programming interfaces (APIs), and any related software, features, and updates provided by ScalMint.
- "School" or "Customer"
- The educational institution, or its legally authorised representative, that has registered for a OPERASCH account and subscribed to the Service under these Terms.
- "Users"
- Any individual granted access to the Service by or on behalf of a School, including administrators, teachers, staff, students, and parents or guardians whose accounts are linked to a School's tenant.
- "Student Data"
- Any personal data, records, academic information, attendance records, financial information, and any other data relating to students that the School inputs into or processes through the Service.
- "Account"
- The tenant space created for a School upon registration, which holds that School's data, settings, and user accounts and which is accessed through secure authentication.
- "Subscription"
- The paid plan selected by the School that determines the features, storage limits, and number of Users permitted under the School's Account.
- "ScalMint" or "Company"
- ScalMint, a company operating from Accra, Ghana, which is the developer and operator of the OPERASCH platform.
- "We", "us", or "our"
- Refers to ScalMint and, where applicable, its officers, employees, contractors, and agents acting on its behalf in providing the Service.
3. Eligibility and Account Registration
To register an Account, the School must be a legitimately registered or recognised educational institution in Ghana or in the jurisdiction in which it operates. This includes public and private basic schools, senior high schools, technical and vocational institutions, tertiary institutions, and other bodies duly registered with the Ghana Education Service (GES) or the relevant regulatory authority.
The individual creating the Account must be duly authorised by the School's management — for example, a headteacher, principal, administrator, or other officer with a legitimate mandate — to enter into this agreement on the School's behalf. By registering an Account, you represent and warrant that:
- The School is a bona fide educational institution entitled to use the Service;
- You have the legal authority to bind the School to these Terms;
- All information provided during registration — including the School's name, address, contact details, and verification documents — is accurate, complete, and current;
- You will promptly update your registration information should any details change; and
- You will comply with all applicable laws of the Republic of Ghana in using the Service, including the Data Protection Act, 2012 (Act 843) and any regulations issued thereunder.
4. Description of Service
OPERASCH is a multi-tenant cloud-based platform that enables schools in Ghana to manage their academic, administrative, and financial operations within a single, secure environment. Each School that subscribes is provisioned an isolated tenant whose data is logically separated from that of other Schools.
The Service currently includes, among other features:
- Student management, enrolment, and records;
- Attendance tracking and reporting;
- Academic tracking, including grades, assessments, and results;
- Fee management, invoicing, and collection, including online payments;
- Payroll and staff management;
- Communication tools, including internal messaging and notifications;
- Reporting and analytics for academic and administrative decision-making;
- Library and resource management; and
- An AI assistant that provides guidance and answers based on data within the School's tenant.
The specific features available to a School depend on the Subscription plan selected. We may add, modify, or remove features from time to time as the platform evolves. Where a material change to the Service affects a School's Subscription, we will provide reasonable notice.
5. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, or restrict the use and enjoyment of, the Service by others. In using OPERASCH, you must not, and must not permit any User to:
- Use the Service in any way that violates any law or regulation of the Republic of Ghana, including the Data Protection Act, 2012 (Act 843), the Electronic Transactions Act, 2008 (Act 772), or any other applicable statute;
- Access, or attempt to access, another School's tenant, data, or account, or circumvent any security or authentication feature of the Service;
- Scrape, spider, index, or otherwise extract data from the Service by automated means, except where expressly authorised by ScalMint;
- Share, sell, lease, or otherwise transfer Account credentials or access rights to unauthorised third parties;
- Upload, store, or transmit any content that is unlawful, defamatory, threatening, harassing, or otherwise objectionable; or
- Introduce any virus, malware, or other malicious code into the Service, or otherwise interfere with or disrupt its operation.
The School is responsible for the conduct of all Users it grants access to under its tenant and for ensuring that such conduct complies with these Terms. A breach of this Acceptable Use Policy by any User of the School shall be deemed a breach by the School.
6. Accounts and User Management
The School is solely responsible for all activity that occurs under its Account and for all Users it grants access to within its tenant. The School must ensure that only authorised persons — that is, bona fide administrators, teachers, staff, students, and parents or guardians — are granted access to the Service, and only at an access level appropriate to their role.
OPERASCH supports role-based access control. The School is responsible for assigning appropriate roles to each User and for reviewing those roles regularly. The School must promptly remove or deactivate the access of any User who no longer requires it — for example, a teacher or staff member who has left the employment of the School, or a student who has transferred or graduated.
The School is responsible for maintaining the confidentiality and security of all credentials used to access the Service, including those issued through our authentication provider, Clerk. The School must notify ScalMint without delay of any unauthorised use of its Account or any actual or suspected security breach.
7. Subscription and Fees
Access to OPERASCH is provided on a subscription basis. The School selects a Subscription plan from the options published on our website at the time of registration, each of which sets out the features, limits, and pricing applicable to that plan.
7.1 Billing cycle
Subscriptions are billed either monthly or annually, as selected by the School. Billing commences on the date the Subscription is activated and renews automatically at the end of each billing cycle unless the School cancels in accordance with Section 11.
7.2 Payment terms
All fees are payable in advance in Ghana Cedis (GHS), or such other currency as we may specify, through the payment methods made available on the platform. Payment is due on the invoice date. Unless otherwise agreed in writing, all fees are non-refundable except where expressly required by law.
7.3 Taxes
Fees are exclusive of applicable taxes, including Value Added Tax (VAT) and any withholding taxes required under the laws of Ghana. Where applicable, such taxes will be added to the invoice and are payable by the School.
7.4 Fee changes
We may adjust Subscription fees from time to time. Where we increase fees, we will provide the School with at least fourteen (14) days' written notice before the change takes effect. The School may, during that notice period, elect not to renew its Subscription. Continued use of the Service after the effective date of the change constitutes acceptance of the new fees.
7.5 Late payment and suspension
If a Subscription fee is not paid by its due date, ScalMintmay, after providing written notice and allowing a grace period of fourteen (14) days, suspend the School's access to the Service until all outstanding amounts (together with any accrued interest at the statutory rate) are paid in full. Suspension does not relieve the School of its obligation to pay fees accrued up to the date of suspension.
7.6 Free trial
We may offer a free trial of the Service for a fixed period of fourteen (14) days from the date the School's Account is created, unless a different trial period is communicated at sign-up or agreed in writing. No payment details are required to start a trial. The trial includes the features and limits of the plan selected at registration. If the School does not subscribe to a paid plan before the trial ends, access to premium features will be suspended at the end of the trial period. School Data created during the trial is preserved when the School upgrades to a paid Subscription.
8. Data Ownership and License
As between the School and ScalMint, the School retains all right, title, and interest in and to all data it inputs into, or that is collected through, the Service under its Account, including Student Data, staff records, financial records, and any other content the School or its Users upload (collectively, "School Data").
OPERASCH and ScalMint claim no ownership of School Data. By submitting School Data to the Service, the School grants ScalMint a limited, non-exclusive, non-transferable, worldwide licence to host, store, transmit, display, and process School Data solely as necessary to provide and operate the Service and to comply with our obligations under the Data Processing Agreement.
9. Privacy and Data Protection
The parties acknowledge and agree that, in respect of School Data processed through the Service, the School is the Data Controller and ScalMint is the Data Processor, as those terms are defined under the Data Protection Act, 2012 (Act 843) of Ghana.
The processing of personal data is governed by our Privacy Policy and the Data Processing Agreement entered into between the parties. The School is responsible for obtaining all necessary consents from data subjects — including students, parents or guardians, and staff — before their personal data is processed through the Service.
ScalMint shall process School Data only on the documented instructions of the School and in compliance with Act 843 and all other applicable data protection laws of the Republic of Ghana. The detailed obligations of each party in respect of data security, breach notification, sub-processing, and data subject rights are set out in the Data Processing Agreement.
10. Intellectual Property
The OPERASCH platform, including its software, source code, design, logos, trade names, trademarks, documentation, and all related intellectual property, is owned exclusively by ScalMint and is protected by the copyright and trademark laws of the Republic of Ghana and other applicable jurisdictions.
Subject to the School's compliance with these Terms and continued payment of all applicable fees, ScalMint grants the School a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for its internal school management operations during the term of its Subscription.
The School retains all intellectual property rights in and to its School Data and any content it uploads to the Service. No intellectual property rights in School Data are transferred to ScalMint under these Terms, save for the limited licence granted in Section 8.
The School must not copy, reproduce, distribute, reverse engineer, decompile, or otherwise attempt to derive the source code of the Service or any part of it, except to the extent expressly permitted by law.
11. Termination
11.1 Termination by the School
The School may terminate its Subscription at any time by notifying ScalMint through the account management interface or by writing to mwinisaviour87@gmail.com. Termination will take effect at the end of the then-current billing cycle, unless the School requests an earlier termination.
11.2 Termination by ScalMint
We may suspend or terminate the School's access to the Service immediately, and without prior notice, if the School materially breaches these Terms and, where the breach is capable of remedy, fails to remedy it within fourteen (14) days of written notice. We may also terminate or suspend access where required to comply with applicable law or to protect the security or integrity of the Service.
11.3 Effect of termination
Upon termination of a Subscription for any reason:
- The School's right to access and use the Service will cease immediately;
- The School will have a period of fourteen (14) days from the effective date of termination to export its School Data using the export tools provided in the platform, after which ScalMint will securely delete all School Data in accordance with the Data Processing Agreement and Act 843, save for data we are required to retain by law;
- All amounts owed to ScalMint up to the date of termination, including fees for the remainder of any pre-paid annual cycle, remain due and payable; and
- The provisions of these Terms which by their nature should survive termination — including those concerning data ownership, intellectual property, liability, indemnification, and governing law — shall continue in full force and effect.
12. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, ScalMint disclaims all warranties, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
ScalMint does not warrant that the Service will be uninterrupted, error-free, or secure at all times, or that defects will be corrected. While we implement reasonable technical and organisational measures to protect School Data, no system can be guaranteed to be completely secure.
The AI assistant feature may produce responses based on patterns in data and is intended as a support tool only. ScalMint gives no warranty as to the accuracy, completeness, or reliability of outputs generated by the AI assistant. The School is responsible for verifying all data and outputs before relying on them for academic, financial, or administrative decisions.
13. Limitation of Liability
To the fullest extent permitted by law, in no event shall ScalMint be liable to the School for any indirect, incidental, special, consequential, or punitive damages, or for any loss of revenue, profits, goodwill, or data, arising out of or in connection with these Terms or the use of, or inability to use, the Service, whether in contract, tort, or otherwise.
The total aggregate liability of ScalMint to the School, whether in contract, tort (including negligence), or under any other theory of liability, arising out of or in connection with the Service or these Terms, shall not exceed the total Subscription fees paid by the School to ScalMint in the twelve (12) months immediately preceding the event giving rise to the liability.
14. Indemnification
The School agrees to indemnify, defend, and hold harmless ScalMint, its officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- The School's misuse of the Service, including any breach of the Acceptable Use Policy in Section 5;
- The School's breach of these Terms, including failure to obtain required consents for personal data processed through the Service;
- Any claim that School Data, or the School's use of the Service, infringes or misappropriates the intellectual property or other rights of any third party; or
- Any violation by the School or its Users of applicable laws of the Republic of Ghana, including the Data Protection Act, 2012 (Act 843).
ScalMint will promptly notify the School of any such claim and may, at its discretion, participate in the defence with counsel of its choosing. The School shall not settle any claim without ScalMint's prior written consent.
15. Governing Law and Dispute Resolution
These Terms, and any dispute or claim arising out of or in connection with them or the Service, shall be governed by and construed in accordance with the laws of the Republic of Ghana, without regard to conflict of law principles.
15.1 Amicable resolution
The parties shall first attempt to resolve any dispute amicably through good-faith negotiation. Either party wishing to initiate this process shall give written notice of the dispute to the other, and the parties shall endeavour to resolve the matter within fourteen (14) days of such notice.
15.2 Jurisdiction
Where a dispute cannot be resolved amicably within the period stated above, the parties submit to the exclusive jurisdiction of the courts of the Republic of Ghana, with venue in Accra, Ghana, for the resolution of any such dispute.
16. Changes to Terms
ScalMint reserves the right to modify these Terms at any time. When we do so, we will update the "Last updated" date at the top of this page.
Where we make a material change — for example, changes to fees, data ownership, or liability — we will notify the School by email to the address associated with the Account, or by a prominent notice within the Service, at least fourteen (14) days before the change takes effect. The School should review this page regularly to stay informed of any updates.
Continued use of OPERASCH after the effective date of any change constitutes the School's acceptance of the revised Terms. If the School does not agree to the revised Terms, it may terminate its Subscription as provided in Section 11 before the effective date of the change.
17. Contact Information
If you have any questions, concerns, or notices regarding these Terms or the Service, please contact ScalMint using the details below:
- Operator: ScalMint
- Product: OPERASCH (OPERASCH)
- Support: mwinisaviour87@gmail.com
- Data protection enquiries: mwinisaviour87@gmail.com
- Address: Accra, Ghana
- Website: https://smartsos.cloud
For urgent data protection or security matters, please mark your email for the attention of the Data Protection Officer.