Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Emzini weCode ("we", "us", or "our"), the operator of Poseidon (the "Platform"). By registering for, accessing, or using Poseidon, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are accepting these Terms on behalf of an educational institution or organisation, you represent that you have the authority to bind that organisation, and "you" includes that organisation.

2. Description of the Platform

Poseidon is an intelligent grading and assessment platform for educational institutions. It provides tools for:

We reserve the right to add, modify, or discontinue features at any time with reasonable notice.

3. Account Types and Roles

Poseidon supports the following account roles within an institution:

Each account must be associated with a legitimate educational institution. You are responsible for all activity that occurs under your account. You must keep your login credentials confidential and notify us immediately at hello@emziniwecode.com if you suspect unauthorised access.

4. Free Trial and Licensing

Free trial

Poseidon may be accessed for evaluation purposes under a free trial. Free trial access is intended for testing and non-production use. We may impose limits on the number of users, submissions, or storage during the trial period.

Licensed use

Production use of Poseidon (including use with enrolled students in assessed courses) requires a valid licence agreement. Licence terms, pricing, and conditions are agreed separately between Emzini weCode and the institution. Use of the Platform beyond any trial limits without a valid licence is a material breach of these Terms.

Licence restrictions

Your licence to use Poseidon is:

5. Acceptable Use

You agree to use Poseidon only for lawful purposes and in accordance with these Terms. You must not:

We reserve the right to suspend or terminate access to any account that violates these provisions without prior notice.

6. Intellectual Property

Platform IP

Poseidon, including its source code, design, algorithms, user interface, documentation, and all related intellectual property, is owned exclusively by Emzini weCode and is protected by applicable copyright, trademark, and other intellectual property laws. These Terms do not transfer any ownership rights to you.

Your content

You retain ownership of content you submit to Poseidon, including assignment files, rubric definitions, and grading materials ("Your Content"). By using the Platform, you grant Emzini weCode a non-exclusive, worldwide licence to store, process, and display Your Content solely as necessary to provide and improve the Platform.

Student submissions

Student submissions remain the intellectual property of the submitting student (subject to any assignment of rights under your institution's academic policies). Poseidon processes submissions solely to facilitate grading and assessment.

7. Data and Privacy

Your use of Poseidon is subject to our Privacy Policy, which is incorporated into these Terms by reference. In summary:

8. Availability and Service Levels

We aim to provide a reliable, high-availability platform. However, we do not warrant uninterrupted or error-free access to Poseidon. Planned maintenance will be communicated in advance where practicable. We are not liable for any loss arising from temporary unavailability of the Platform.

9. Disclaimer of Warranties

To the fullest extent permitted by applicable law, Poseidon is provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy of autograding results, or non-infringement. You are responsible for verifying that grading outputs are accurate before publishing results to students.

10. Limitation of Liability

To the fullest extent permitted by law, Emzini weCode shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, academic outcomes, or business interruption, arising from your use of or inability to use the Platform, even if we have been advised of the possibility of such damages.

Our total liability for any claim arising under these Terms shall not exceed the licence fees paid by your institution to Emzini weCode in the three months preceding the claim.

11. Termination

Either party may terminate the licence agreement with written notice as specified in the applicable licence. We may suspend or terminate your access immediately if you materially breach these Terms. Upon termination, your right to access Poseidon ceases. Data retention after termination is governed by our Privacy Policy.

12. Governing Law

These Terms are governed by the laws of Zimbabwe. Any dispute arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Zimbabwe, unless otherwise agreed in a separate written licence agreement.

13. Changes to These Terms

We may update these Terms from time to time. We will notify registered users of material changes by email at least 14 days before they take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree to any updated Terms, you must cease using the Platform and contact us to terminate your account.

14. Contact

For questions about these Terms or your licence, contact:
Emzini weCode
hello@emziniwecode.com
Bulawayo, Zimbabwe