1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you and NJ Studio (Malaysia, Registration No. 201703032887) and TheBigDays LLP (Singapore, UEN: T21LL1834B), collectively operating as Never Left Behind (“Company”, “we”, “us”). By accessing or using the Never Left Behind platform (“Service”), you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Description of Service
Never Left Behind is a cloud-based school management platform that provides tools for attendance tracking, student record management, parent-school communications, billing and invoicing, homework management, staff timekeeping, and related educational administration functions.
3. User Accounts and Registration
You must register for an account to use the Service. You agree to provide accurate and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately of any unauthorised access to your account. We reserve the right to suspend accounts that violate these Terms.
4. School Administrator Responsibilities
School administrators who subscribe to the Service are responsible for: (a) ensuring all staff and users comply with these Terms; (b) obtaining appropriate consent from guardians before enrolling students; (c) ensuring student data is accurate and up to date; (d) managing access permissions for staff and teachers; (e) complying with all applicable Malaysian education regulations and the PDPA.
5. Guardian and Parent Use
Guardians access the Service by invitation from a registered school. Guardians may view their enrolled children’s records, communicate with school staff, receive notifications, and make payments through the platform. Guardians must not share their account credentials with others. Guardians consent to the collection of their children’s data as described in our Privacy Policy.
6. Acceptable Use Policy
You agree not to: use the Service for any unlawful purpose; upload or share harmful, offensive, or inappropriate content; attempt to gain unauthorised access to any part of the Service; reverse engineer or attempt to extract source code; use automated tools to scrape or harvest data; impersonate any person or entity; or interfere with the operation of the Service. We reserve the right to terminate access for violations.
7. Payment Terms and Billing
Subscription fees are billed in advance on a monthly or annual basis. All fees are in Malaysian Ringgit (MYR) unless stated otherwise. Fees are non-refundable except as required by Malaysian consumer protection laws. We reserve the right to modify pricing with 30 days’ notice. Failure to pay may result in suspension of the Service. School fees paid by guardians through the platform are transactions between the guardian and the school; the Company acts only as a payment facilitator.
8. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Policy.
9. Intellectual Property
The Service and its original content, features, and functionality are owned by NJ Studio and TheBigDays LLP, collectively operating as Never Left Behind, and are protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written consent. You retain ownership of data you upload to the Service; by uploading, you grant us a licence to store and process it to provide the Service.
10. Limitation of Liability
To the fullest extent permitted by Malaysian law, the Company shall not be liable for any indirect, incidental, special, or consequential damages, including loss of data, loss of revenue, or service interruption. Our total liability for any claim arising under these Terms shall not exceed the amount you paid us in the 3 months preceding the claim. The Service is provided “as is” without warranty of any kind.
11. Indemnification
You agree to indemnify and hold harmless the Company, its directors, employees, and agents from any claims, damages, or expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
12. Termination
Either party may terminate the agreement at any time. Schools may cancel their subscription with 30 days’ notice. Upon termination, your access to the Service will cease and we will retain your data for the period required by law, after which it will be securely deleted. We may terminate your access immediately for material breach of these Terms.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of Malaysia. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia. The parties agree to attempt to resolve disputes through good-faith negotiation before initiating legal proceedings.
14. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes at least 14 days before the changes take effect via email or in-app notification. Continued use of the Service after the effective date constitutes your acceptance of the updated Terms.
15. Contact Us
For questions about these Terms of Service, please contact us:
Email: support@nlb.thebigdays.com