Terms & Conditions

1. About FayEDU

FayEDU is an AI-powered educational platform owned and operated by Fay Institute of eLearning (trading as Fay Creative International Limited, company registration CPR/2014/172903), headquartered in Nairobi, Kenya.

FayEDU provides an online learning marketplace, a creator studio for educators, and a learning management system (LMS) for students and institutions. Our mission is to deliver high-quality, equitable education to African learners and beyond, grounded in a research-informed pedagogy.

2. Acceptance of Terms

By registering for, accessing, or using the FayEDU platform (the "Platform"), you agree to be bound by these Terms & Conditions ("Terms"), our Privacy Policy, and our Data Policy. If you do not agree to these Terms, you must not use the Platform.

These Terms apply to all users of the Platform, including students, educators, administrators, and visitors. These Terms were last updated in June 2026.

We reserve the right to update these Terms at any time. Material changes will be communicated to registered users by email. Continued use of the Platform after changes are published constitutes your acceptance of the updated Terms.

3. Age Requirements

• By registering, you confirm that you are 13 years of age or older, or that a parent or guardian has registered on your behalf and provided consent.
• FayEDU complies with the Children's Online Privacy Protection Act (COPPA) of the United States and does not knowingly collect personal data from children under 13 without verifiable parental consent.
• If FayEDU discovers that an account has been created by or for a child under 13 without parental consent, that account will be suspended immediately pending parental verification. Associated data will be deleted if consent is not provided within 14 days.
• Parents or guardians who wish to register on behalf of a child under 13 must use our parental consent registration flow and provide a valid parent or guardian email address for verification.
• FayEDU does not direct marketing communications to users identified as being under 16 years of age.

To report an account that may belong to a child under 13 without parental consent, contact support@fayedu.com.

4. Data Collection and Research Use

FayEDU is a research-informed educational platform. We collect data to provide and improve the Platform, personalise your learning experience, and conduct anonymised educational research to improve learning outcomes for African learners. By using FayEDU, you consent to data collection as described below.

What we collect:

• Account information — name, email address, role (student/educator), country and region of residence.
• Learning behaviour — lessons completed, time on task, quiz attempts and scores, forum participation, AI tool usage, OER library searches, course progress, and XP/achievement data.
• Device and connectivity information — device type, operating system, browser, screen resolution, and estimated connection quality. See below for why we collect this.
• Course creation data — for educators: content structure, framework adherence scores, peer quality ratings, and publication history.
• Payment records — transaction identifiers and purchase history (card details are never stored by FayEDU; payments are handled by Paystack).

Why we collect device and connectivity data:

FayEDU is a research-informed platform committed to equity in education. Learning outcomes are affected by many factors outside a student's control — including device quality, internet connectivity, geographic location, and socioeconomic context. We collect contextual device and connectivity data to ensure our educational research fairly accounts for these variables when measuring and comparing learning outcomes across diverse African learner populations.

This approach is consistent with our Design-Based Research (DBR) framework and our commitment to equity-centred educational measurement. Without this data, research findings could unfairly penalise learners in resource-constrained environments.

How your data is used:

• All research data is fully anonymised before analysis or publication. Individual learners are never identified in research outputs.
• Data is aggregated to identify patterns at the population level — for example, to understand how connectivity affects course completion rates.
• Your data is never sold to third parties for commercial purposes.
• Anonymised, aggregated data may be shared with academic research partners solely for non-commercial educational research purposes, under data sharing agreements that prohibit re-identification.
• Learning data may be used to personalise your in-platform experience, such as recommending relevant courses or adapting content difficulty.

Data retention:

• Active account data — retained while your account remains active.
• Learning records — retained for 7 years after your last activity, for academic record and certificate verification purposes.
• Research data — retained in fully anonymised, aggregated form indefinitely for longitudinal research purposes.
• Deleted accounts — personal identifiers are removed within 30 days of account deletion. Anonymised learning records may be retained as part of aggregated research datasets.

5. Your Data Rights

Under the Kenya Data Protection Act 2019, the EU General Data Protection Regulation (GDPR) (for users in the European Economic Area), and applicable international data protection law, you have the following rights with respect to your personal data:

• Right of access — you may request a copy of the personal data we hold about you.
• Right to rectification — you may request correction of inaccurate or incomplete personal data.
• Right to erasure — you may request deletion of your account and associated personal data, subject to our retention obligations.
• Right to data portability — you may request your personal data in a structured, machine-readable format.
• Right to withdraw consent — where processing is based on your consent, you may withdraw it at any time. Withdrawal does not affect the lawfulness of prior processing.
• Right to object — you may object to processing of your personal data for direct marketing or research purposes.
• Right to restriction — you may request that we restrict processing of your data in certain circumstances.

To exercise any of these rights, or to make a complaint about our data practices, contact our Data Protection point of contact:

6. Platform Use

Acceptable use:

• Use FayEDU for personal learning and professional development.
• Educators may create and publish courses in accordance with our Quality Standards.
• Engage respectfully with other users in forums, discussions, and peer review activities.
• Access content for which you are enrolled or which is freely available.

Prohibited use — you must not:

• Share your account credentials with any other person.
• Reproduce, download, redistribute, or re-publish course content without express written permission from the content creator.
• Attempt to circumvent, disable, or interfere with any security features of the Platform.
• Upload, post, or transmit content that is harmful, illegal, defamatory, obscene, or that infringes the intellectual property rights of others.
• Misrepresent your identity, qualifications, or affiliation with any institution.
• Use automated tools to scrape, crawl, or harvest content or data from the Platform.
• Impersonate FayEDU, its staff, or any other user.
• Use the Platform to send unsolicited commercial communications (spam).

FayEDU reserves the right to suspend or permanently terminate accounts that violate these Terms, without prior notice and without refund.

7. Offline Use

Some FayEDU content may be downloaded for personal offline learning, including PDF materials, lesson notes, and certificates of completion. All downloaded materials are licensed for personal, non-commercial, educational use only.

Downloaded materials may not be:

• Redistributed to other persons, whether commercially or free of charge.
• Used in commercial training, workshops, or services.
• Published publicly online or in print without attribution and express permission from the content creator.
• Modified or adapted without the creator's permission.

Note on full offline mode: Full offline access — including cached lessons and video playback — is a planned future feature of FayEDU. At present, course video content and interactive lessons require an internet connection to access. Downloadable PDFs and certificates are available offline once downloaded.

8. Course Enrolment and Payments

Free courses: Free courses are available at no cost to registered users. Enrolment grants lifetime access to all course materials and a verified certificate of completion upon finishing all required activities.

Paid courses: Paid courses require a one-time payment processed securely via Paystack. All prices are displayed in the applicable currency before purchase. FayEDU does not store your payment card details. By making a purchase, you also agree to Paystack's Terms of Service.

If you experience a technical issue that prevents you from accessing a course you have paid for, contact support@fayedu.com within 7 days of purchase and we will investigate and resolve the issue. Technical access problems are not subject to the no-refund policy.

Prices may be displayed in Kenyan Shillings (KES), US Dollars (USD), or other supported currencies. Prices may be subject to applicable local taxes depending on your jurisdiction.

9. Certificates

FayEDU issues digital certificates of completion upon a student's successful completion of all required course activities, as defined by the course creator. Certificates include:

• A unique certificate verification ID.
• The student's name, course title, and completion date.
• The issuing institution: Fay Institute of eLearning.

Certificates can be verified online at fayedu.com/verify using the verification ID. FayEDU certificates represent successful completion of the specified course on our platform. They are issued by Fay Institute of eLearning and are not equivalent to accredited academic qualifications unless otherwise stated in the specific course description.

10. Intellectual Property

• Course content — is owned by the creating educator. By publishing content on FayEDU, educators grant Fay Institute of eLearning a non-exclusive, worldwide licence to host, display, and distribute that content to enrolled students and to promote it on the Platform.
• Platform and brand — the FayEDU platform, brand, logo, visual design, and the Fay Institute Learning Framework (FILF) are the intellectual property of Fay Institute of eLearning and are protected under applicable intellectual property laws. You may not reproduce, modify, or distribute platform elements without our written consent.
• Student-created content — notes, forum posts, assignment submissions, and discussion contributions remain the intellectual property of the student. By posting such content on FayEDU, you grant FayEDU a perpetual, royalty-free licence to display it on the Platform.
• Open Educational Resources (OER) — some content integrated from MIT OpenCourseWare, Stanford, OpenStax, Khan Academy, and other OER sources is licensed under Creative Commons or similar open licences. Attribution requirements of those licences are maintained by FayEDU.

11. Limitation of Liability

FayEDU is provided "as is" and "as available". Fay Institute of eLearning makes no warranty that the Platform will be uninterrupted, error-free, or free from viruses or other harmful components. We do not warrant the accuracy, completeness, or fitness for a particular purpose of any content on the Platform.

To the maximum extent permitted by applicable law:

• Fay Institute of eLearning is not liable for indirect, incidental, special, or consequential damages arising from your use of, or inability to use, the Platform.
• Our total liability to you for any claim arising under these Terms shall not exceed the total amount you have paid to FayEDU in the 12 months preceding the claim, or KES 5,000, whichever is greater.
• We are not responsible for the accuracy, quality, or legality of course content provided by third-party educators.
• We are not liable for any loss of data, loss of profits, or business interruption arising from the use of or reliance on the Platform.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by applicable law.

12. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Kenya. Any dispute arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

EU residents: If you are a consumer resident in the European Union, mandatory EU consumer protection laws apply in addition to these Terms. Nothing in these Terms affects your rights as an EU consumer that cannot be waived by contract.

US residents: For users in the United States, these Terms comply with applicable federal and state laws, including COPPA (15 U.S.C. §§ 6501–6506) with respect to children's data. California residents may have additional rights under the California Consumer Privacy Act (CCPA).

Kenyan residents: For users in Kenya, these Terms comply with the Kenya Data Protection Act 2019 and the Consumer Protection Act 2012.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes — such as changes to how we collect or use your data, changes to the payment or refund policy, or changes to your rights — we will notify registered users by email at least 14 days before the changes take effect.

For non-material changes (e.g., clarifications, corrections, formatting), we will update the "Last updated" date at the top of this page. Your continued use of the Platform after any changes constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically. The current version is always available at fayedu.com/terms.

14. Contact

For questions about these Terms, data rights requests, or to report a concern: