Terms and Conditions of License
Last updated 2 October 2026 · Workfolio is published by Form and Function Works Ltd, Kenya. The license under which every institution, person and organisation may use the software. Print
These terms apply to every institution, person and organisation that registers for, installs, downloads, hosts or uses Workfolio in any form — the Workfolio Server and Client installers, the Android app, the web hosting package, an online portal hosted by Form and Function Works Ltd (“the Vendor”, “we”), and any update to any of them (together, “the Software”). The Privacy Policy, the Data Processing Agreement (where we host for you) and the Acceptable Use Policy form part of these terms.
1. License, not sale
- The Software is licensed, not sold. All copyright, database rights, trade marks, trade secrets and other intellectual property in the Software, its source code, screens, documents and data structures remain the exclusive property of the Vendor.
- On registration and payment of the applicable fee the Vendor grants the registered institution (“the Licensee”) a non-exclusive, non-transferable, non-sublicensable license to install and use the Software for that one institution only, under its issued institution code, for the period stated in its license key.
- A free trial permits evaluation only, for the trial period shown in the Software, and confers no other right.
2. What you may not do
Except as expressly permitted by these terms or by written consent of the Vendor, the Licensee and its staff, contractors and users shall not, and shall not allow anyone else to:
- copy, reproduce or duplicate the Software or any part of it, other than the working copies and backups the Software itself makes in normal use;
- share, give, lend, sell, resell, rent, lease, sublicense, publish, upload to a public place or otherwise distribute the Software, any installer, the web hosting package, a license key, an institution code or a portal key to any other institution, person or organisation;
- install or make the Software available for the benefit of any institution other than the Licensee, including another campus, branch, school or company not named in the license, or operate it as a service for others;
- modify, translate, adapt, create derivative works from, decompile, disassemble, reverse engineer, extract the source code, database schema or secrets of, or otherwise attempt to derive the workings of the Software, or remove or alter any proprietary notice, watermark, license check or institution code;
- circumvent, disable or tamper with licensing, the trial period, the receive keys, the portal sync or any security measure;
- use the Software to build, train, or assist a competing product, or benchmark it for publication without the Vendor's consent.
3. The web hosting package
- The web hosting package (the Software's files for an institution's own web host) is confidential material. It is released only to a licensed institution, on request, through a personal expiring link, and solely so that institution can host its own online portal.
- The Licensee shall keep the package, the link and any copy on its servers secure, restrict access to the staff who need it, and shall not forward the link, the file or its contents to anyone outside the Licensee. Each package is marked with the license it was issued to.
- Hosting the package for, or installing it on behalf of, any other institution is a breach of these terms.
4. Keys, codes and accounts
- Institution codes, license keys, portal addresses and receive keys are issued to the Licensee for its own use and are confidential. The Licensee is responsible for every use made of them.
- The Licensee is responsible for the accounts it creates in the Software and for the conduct of its users, who are bound by the Acceptable Use Policy.
5. Data
- The records entered into the Software belong to the Licensee. The Software is designed so that they stay on the Licensee's own server; an online portal and online backups hold copies of them only for the Licensee's use.
- Where the Vendor hosts an online portal or backups, it does so as a processor on the Licensee's instructions under the Data Processing Agreement, keeps them confidential, and makes them available to the Licensee for export at any time during the license.
- The Licensee is responsible for its own backups and for complying with the Data Protection Act, 2019 (Kenya) and any other law that applies to its records.
6. Fees, term, renewal and termination
- Fees are as quoted by the Vendor; a license key is issued on payment. Fees paid are not refundable once the key has been issued, except as the law requires.
- The license runs for the period in the license key and is renewed by a new key. When it lapses only the administrator can sign in, to renew; no records are deleted.
- The Vendor may terminate the license immediately on written notice if the Licensee breaches sections 2, 3 or 4. On termination the Licensee shall stop using the Software, destroy every copy of the installers and the web hosting package, and confirm so in writing. The Licensee may export its records before doing so.
7. Remedies
Unauthorised reproduction, distribution or use of the Software infringes the Vendor's copyright under the Copyright Act, 2001 (Kenya) and international treaties, and may be a criminal offence as well as a civil wrong. The Vendor may seek injunctions, delivery up, damages, an account of profits and its legal costs, in addition to termination.
8. Support and updates
During the license the Vendor provides updates to the Software and reasonable support by email or through the website during business hours. Updates are installed by running the new installer over the old one; the Vendor is not responsible for problems caused by a Licensee's modification of the Software or its environment.
9. Warranty and liability
- The Vendor will provide the Software with reasonable skill and care and correct material defects reported during the license. Otherwise the Software is provided “as is”, and the Vendor does not warrant that it will be error-free or uninterrupted.
- To the extent the law allows, the Vendor is not liable for loss of data, loss of profit or indirect loss, and its total liability under these terms is limited to the fees paid by the Licensee in the twelve months before the claim.
10. General
- These terms are governed by the laws of Kenya; the courts of Kenya have exclusive jurisdiction.
- The Vendor may update these terms for future versions; the terms in force when a license is issued apply to that license period.
- If any provision is held unenforceable the rest remain in force. No waiver is effective unless in writing. These terms with the documents they refer to are the whole agreement.
Questions: contact Form and Function Works Ltd through the Workfolio website.