Terms of Use

1. INTRODUCTION

1.1 Purpose of these Terms

These Terms of Service ("Terms") govern your access to and use of the educational platform, website, mobile application, and related services provided by Sgela Edu Tech Proprietary Limited. These Terms constitute a legally binding agreement between you and Sgela Edu Tech regarding your use of the Services.

1.2 Relationship with Privacy Policy

These Terms incorporate by reference our Privacy Policy, which explains how we collect, use, and protect your Personal Information. The Privacy Policy forms part of the Additional Terms referred to in these Terms. Capitalised terms used but not defined in these Terms shall have the meanings ascribed to them in our Privacy Policy.

1.3 Electronic Contracting

By using our Services, creating an Account, or otherwise accessing our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. You agree that this agreement is concluded electronically, and that your use of the Services constitutes your electronic signature, which has the same legal effect as a handwritten signature in terms of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA").

1.4 Application of Consumer Protection Act

Where you are a consumer as defined in the Consumer Protection Act 68 of 2008 ("CPA"), nothing in these Terms is intended to unlawfully limit or exclude any rights conferred on you by the CPA. To the extent that any provision in these Terms is inconsistent with the CPA, the CPA provisions will prevail.

1.5 Acceptance of these Terms

By using the Services, creating an Account, or otherwise providing us with your Personal Information, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services or create an Account.

2. DEFINITIONS AND INTERPRETATION

2.1 Definitions

In these Terms, unless the context otherwise requires:

2.2 Interpretation

In these Terms, unless the context otherwise requires:

2.2.1 Words importing the singular shall include the plural and vice versa;

2.2.2 Words importing a natural person shall include a juristic person and vice versa;

2.2.3 Headings are for convenience only and shall not affect the interpretation;

2.2.4 References to any statute include any amendment or replacement thereof;

2.2.5 The word "including" shall be construed as "including without limitation";

2.2.6 References to "we", "us", "our" refer to Sgela Edu Tech Proprietary Limited; and

2.2.7 References to "you", "your" refer to the User accepting these Terms.

3. ELIGIBILITY

3.1 Age Requirements

3.1.1 You must be at least 18 years of age to create an Account and enter into this agreement on your own behalf.

3.1.2 Learners under the age of 18 may only use the Services under the supervision and with the consent of a Parent/Legal Guardian.

3.1.3 By creating an Account on behalf of a Learner, the Parent/Legal Guardian represents and warrants that they have the legal authority to act on behalf of the Learner.

3.2 Parental Consent

3.2.1 Where a Learner under the age of 18 uses the Services, the Parent/Legal Guardian must:

(a) Provide express consent for the Learner's use of the Services;

(b) Agree to these Terms on behalf of the Learner;

(c) Accept responsibility for the Learner's use of the Platform; and

(d) Provide accurate and complete Personal Information.

3.2.2 We reserve the right to request proof of parental consent and identity verification at any time.

3.3 Legal Capacity

3.3.1 By accepting these Terms, you represent and warrant that you have the legal capacity to enter into this agreement.

3.3.2 If you are accepting these Terms on behalf of a company, school, or other legal entity:

(a) You represent and warrant that you have the authority to bind such entity;

(b) "You" and "Your" refer to such entity; and

(c) The entity shall be responsible for all acts and omissions of its Users.

3.4 School Accounts

3.4.1 Where a school or educational institution creates an Account, the school must:

(a) Designate an authorised administrator;

(b) Ensure that all Users have appropriate consent;

(c) Maintain accurate records of Users; and

(d) Comply with all applicable laws and regulations.

3.4.2 Schools are responsible for the conduct of their Teachers and Learners and for ensuring compliance with these Terms.

3.5 Prohibited Users

3.5.1 The Services may not be used by:

(a) Persons who have been suspended or terminated from using the Platform;

(b) Persons who have provided false or misleading information;

(c) Persons who have violated these Terms previously; or

(d) Persons who are not legally permitted to use the Services.

4. ACCOUNT REGISTRATION

4.1 Account Creation

4.1.1 To access certain features of the Services, you must create an Account by providing accurate, complete, and current information.

4.1.2 Account registration requires you to provide:

(a) Your full name;

(b) A valid email address;

(c) A secure password;

(d) Date of birth or age verification;

(e) Grade level (for Learners); and

(f) Any other information reasonably required.

4.1.3 You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.

4.1.4 You may not create multiple Accounts or use the Account of another User.

4.2 Account Security

4.2.1 You must:

(a) Use a strong, unique password for your Account;

(b) Keep your password confidential and not share it with any third party;

(c) Notify us immediately of any unauthorised access or suspected security breach;

(d) Log out of your Account when not in use; and

(e) Ensure that your devices are secure.

4.2.2 You are solely responsible for any activity conducted through your Account, whether authorised or unauthorised, unless we have confirmed that a security breach has occurred.

4.3 Multi-Device Use

4.3.1 You may access your Account from multiple devices, provided that you are the sole user of the Account.

4.3.2 Your Account may be linked to a limited number of devices, and we reserve the right to limit or restrict access if we detect suspicious activity.

4.4 Identity Verification

4.4.1 We may require you to verify your identity from time to time, including:

(a) Responding to authentication prompts;

(b) Providing identification documents;

(c) Confirming contact information; or

(d) Completing additional verification steps.

4.4.2 Failure to complete identity verification may result in suspension or termination of your Account.

4.5 Inactive Accounts

4.5.1 As set out in our Privacy Policy, if you have not used your Account for 3 (three) years, we may consider you an inactive User.

4.5.2 We may:

(a) Contact you to confirm whether you wish to continue;

(b) Archive your Account data;

(c) Delete your Account after reasonable notice; and

(d) Retain only the Personal Information required by law.

5. DESCRIPTION OF SERVICES

5.1 Overview

Sgela Edu Tech provides an AI-powered educational platform designed to support learning for Grades 8 to 12 in South Africa, aligned with the CAPS and IEB curricula.

5.2 Core Services

The Services include the following features:

5.2.1 AI Tutoring

(a) Intelligent tutoring powered by Google Gemini and other AI technologies;

(b) Personalised explanations and guidance;

(c) Interactive conversations with AI assistants; and

(d) AI-generated explanations of concepts.

5.2.2 Curriculum Support

(a) Content aligned with CAPS and IEB curricula;

(b) Subject-specific learning materials;

(c) Study notes and summaries; and

(d) Mind maps and visual learning aids.

5.2.3 Assessments and Quizzes

(a) Automated quizzes and practice questions;

(b) Formal assessments and assignments;

(c) Immediate feedback and results; and

(d) Progress tracking and analytics.

5.2.4 Learning Resources

(a) Flashcards for revision;

(b) Podcasts and audio content;

(c) Interactive study materials;

(d) Downloadable resources; and

(e) Exam preparation tools.

5.2.5 Personalisation

(a) Personalised learning recommendations;

(b) Adaptive learning pathways;

(c) Customised difficulty levels; and

(d) Subject and topic preferences.

5.2.6 Progress Tracking

(a) Learning progress dashboards;

(b) Performance analytics;

(c) Achievements and milestones; and

(d) Detailed reports.

5.3 Premium Services

5.3.1 Gold Subscription users have access to Premium Services, which may include:

(a) Full access to all AI Services;

(b) Unlimited learning materials;

(c) Advanced analytics and reporting;

(d) Priority support; and

(e) Additional features as determined by us from time to time.

5.4 Service Evolution

5.4.1 We may, at our discretion, add, modify, suspend, or discontinue any aspect of the Services, including:

(a) Adding new features or functionalities;

(b) Removing or modifying existing features;

(c) Changing the availability of Free Plan features; or

(d) Discontinuing the Services entirely.

5.4.2 Where we make material changes to the Services, we will provide reasonable notice to Users.

5.4.3 We reserve the right to introduce or modify Fees for Services, subject to providing notice as required by law and these Terms.

6. AI SERVICES

6.1 Introduction

The AI Services are an integral part of the Platform, providing intelligent tutoring, personalised recommendations, automated assessments, and other AI-powered educational features.

6.2 AI Processing

6.2.1 The AI Services process AI Inputs to generate AI Outputs for educational purposes.

6.2.2 AI Inputs may include:

(a) Prompts and queries from Users;

(b) Learning activities and assessment responses;

(c) User behaviour and preferences; and

(d) Uploaded content.

6.2.3 AI Outputs may include:

(a) Personalised explanations and tutoring;

(b) Learning recommendations;

(c) Automated grading and feedback;

(d) Performance analytics; and

(e) Curated learning pathways.

6.3 Educational Purposes Only

6.3.1 The AI Services are provided solely for educational purposes to support learning and should not be relied upon as the sole source of instruction.

6.3.2 AI Services do not constitute:

(a) Professional teaching advice;

(b) Formal education or qualification;

(c) Medical, legal, or financial advice; or

(d) Any form of professional consultation.

6.4 AI Limitations

6.4.1 You acknowledge and accept that AI Services may:

(a) Produce inaccurate, incomplete, or misleading information ("hallucinations");

(b) Have limitations in understanding context;

(c) Generate content that may not be suitable for all Users;

(d) Have biases inherent in the training data; and

(e) Not always reflect the latest curriculum or educational standards.

6.4.2 You are responsible for independently verifying:

(a) The accuracy of AI-generated content;

(b) The applicability of AI recommendations to your learning needs;

(c) The alignment of AI Outputs with official curriculum standards; and

(d) Any information used for high-stakes academic purposes.

6.4.3 We do not guarantee that:

(a) AI Outputs will be error-free or complete;

(b) AI Services will improve academic performance;

(c) AI Services will meet your specific learning needs; or

(d) AI Services will be available at all times.

6.5 Human Review

6.5.1 We may conduct human review of AI Outputs for:

(a) Quality control and accuracy;

(b) Safety and content moderation;

(c) System improvement and training;

(d) Responding to complaints; and

(e) Legal or regulatory compliance.

6.5.2 When human review occurs, access is limited to authorised personnel bound by confidentiality obligations.

6.6 Responsible AI Use

6.6.1 You agree to use the AI Services responsibly and in accordance with these Terms.

6.6.2 You must not:

(a) Use AI Services for academic dishonesty, including completing assignments or examinations on behalf of others;

(b) Submit AI-generated content as your own without proper attribution;

(c) Attempt to manipulate or deceive AI systems;

(d) Use AI Services for high-stakes decisions without human review;

(e) Provide harmful, malicious, or inappropriate prompts; or

(f) Attempt to bypass AI safety safeguards.

6.7 AI Improvement

6.7.1 We may use AI Inputs and AI Outputs to improve and develop the AI Services, subject to our Privacy Policy.

6.7.2 We reserve the right to:

(a) Update AI models and algorithms;

(b) Introduce new AI features;

(c) Modify or discontinue AI features; and

(d) Adjust AI behaviour and responses.

7. ACCEPTABLE USE POLICY

7.1 General Conduct

You agree to use the Services in a lawful, responsible, and respectful manner, in accordance with these Terms and all applicable laws.

7.2 Prohibited Conduct

7.2.1 You must not:

(a) Use the Services for any illegal, unlawful, or fraudulent purpose;

(b) Violate any applicable laws, regulations, or industry standards;

(c) Infringe upon the rights of others, including intellectual property rights;

(d) Engage in academic dishonesty, including cheating, plagiarism, or exam misconduct;

(e) Submit or share false, misleading, or deceptive information;

(f) Impersonate any person or entity;

(g) Harass, abuse, threaten, or defame others;

(h) Use hate speech or discriminatory language;

(i) Share or distribute harmful, obscene, or offensive content; or

(j) Engage in any activity that disrupts or interferes with the Services.

7.2.2 Technical restrictions include:

(a) Reverse engineering, decompiling, or disassembling the Platform;

(b) Attempting to gain unauthorised access to systems or data;

(c) Using automated systems, bots, or scrapers;

(d) Introducing malware, viruses, or harmful code;

(e) Interfering with the security or operation of the Services;

(f) Testing security vulnerabilities without our permission;

(g) Circumventing access restrictions or limitations; and

(h) Attempting to interfere with AI systems or outputs.

7.3 AI-Specific Prohibitions

7.3.1 In connection with AI Services, you must not:

(a) Use AI Services for any purpose other than educational learning;

(b) Attempt to manipulate, bypass, or deceive AI safety safeguards;

(c) Engage in prompt injection or similar attacks;

(d) Submit prompts intended to generate harmful, offensive, or inappropriate content;

(e) Use AI Outputs for academic dishonesty;

(f) Attempt to exploit AI system vulnerabilities; or

(g) Use AI Services to generate content that violates these Terms.

7.4 Content Moderation

7.4.1 We reserve the right to:

(a) Monitor, review, and moderate all content on the Platform;

(b) Remove or edit any content that violates these Terms;

(c) Restrict or suspend access to Users who violate these Terms; and

(d) Report violations to appropriate authorities.

7.4.2 We are not obligated to pre-screen content but may do so at our discretion.

7.5 Consequences of Violation

7.5.1 Violation of this Acceptable Use Policy may result in:

(a) Warning or notification;

(b) Content removal;

(c) Account suspension;

(d) Account termination;

(e) Legal action; and

(f) Reporting to authorities.

8. USER-GENERATED CONTENT

8.1 Definitions

"User-Generated Content" means all content, information, data, text, files, documents, images, or other materials that you upload, submit, or create through the Platform.

8.2 Ownership

8.2.1 You retain ownership of all intellectual property rights in your User-Generated Content.

8.2.2 You represent and warrant that:

(a) You own all rights to your User-Generated Content;

(b) You have all necessary rights and permissions to submit it;

(c) Your User-Generated Content does not infringe upon any third-party rights; and

(d) Your User-Generated Content complies with these Terms.

8.3 Licence to Sgela Edu Tech

8.3.1 By submitting User-Generated Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sub-licensable licence to use, reproduce, modify, adapt, publish, distribute, and display your User-Generated Content for the purposes of:

(a) Providing, maintaining, and improving the Services;

(b) Training and improving AI Systems;

(c) Complying with legal obligations; and

(d) Other purposes as described in our Privacy Policy.

8.3.2 This licence continues even after termination of your Account, but only to the extent necessary for the purposes for which it was granted.

8.4 Moderation and Removal

8.4.1 We may, in our sole discretion, remove or restrict access to any User-Generated Content that:

(a) Violates these Terms;

(b) Is illegal or unlawful;

(c) Infringes upon the rights of others;

(d) Is offensive, harmful, or inappropriate; or

(e) For any other reason we consider appropriate.

8.4.2 We are not responsible for the accuracy, completeness, or reliability of User-Generated Content.

8.5 Reporting Violations

8.5.1 If you become aware of any User-Generated Content that violates these Terms, you may report it to us at Terms@sgela.co.za.

8.5.2 We will investigate all reports and take appropriate action.

8.6 Copyright Complaints

8.6.1 If you believe that your copyright-protected work has been infringed upon on the Platform, you may submit a notice to us containing:

(a) A physical or electronic signature;

(b) Identification of the copyrighted work;

(c) Identification of the infringing material;

(d) Your contact information;

(e) A statement of good faith belief; and

(f) A statement of accuracy under penalty of perjury.

8.6.2 We will respond to valid copyright complaints in accordance with ECTA and the Copyright Act 98 of 1978.

9. INTELLECTUAL PROPERTY

9.1 Ownership

9.1.1 Sgela Edu Tech owns all rights, title, and interest in and to:

(a) The Platform, Website, and App;

(b) All Content, materials, and resources;

(c) The software, code, and technology underlying the Services;

(d) All trademarks, logos, and branding;

(e) AI Systems, models, and algorithms;

(f) AI Outputs (except to the extent they incorporate User-Generated Content); and

(g) All other intellectual property related to the Services.

9.1.2 Nothing in these Terms transfers ownership of any intellectual property to you.

9.2 Licence to Users

9.2.1 Subject to your compliance with these Terms and payment of all applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform and Content for personal, educational, and non-commercial purposes.

9.2.2 Business Users may use the Services for internal business purposes, subject to these Terms.

9.2.3 The licence does not include the right to:

(a) Copy, distribute, or reproduce Content;

(b) Modify, adapt, or create derivative works;

(c) Sell, rent, or sublicense the Services;

(d) Use the Services for commercial purposes;

(e) Remove proprietary notices; or

(f) Reverse engineer the Platform.

9.3 AI Outputs

9.3.1 AI Outputs are owned by Sgela Edu Tech, subject to any User-Generated Content incorporated therein.

9.3.2 You may use AI Outputs for educational purposes, but you must:

(a) Acknowledge that AI Outputs are generated by AI;

(b) Not represent AI Outputs as your own original work;

(c) Verify the accuracy of AI Outputs; and

(d) Not use AI Outputs for academic dishonesty.

9.4 Restrictions

9.4.1 You must not:

(a) Use the Services for any purpose not expressly permitted;

(b) Reproduce or redistribute Content without authorisation;

(c) Use our trademarks or branding without permission;

(d) Attempt to claim ownership of the Services or Content;

(e) Challenge our intellectual property rights; or

(f) Enable others to do any of the above.

10. SUBSCRIPTIONS

10.1 Free Plan

10.1.1 We offer a Free Plan that provides limited access to the Services.

10.1.2 Free Plan features may include:

(a) Limited access to learning materials;

(b) Basic AI tutoring features;

(c) Limited assessments and quizzes; and

(d) Basic progress tracking.

10.1.3 We reserve the right to change, limit, or discontinue Free Plan features at any time.

10.1.4 The Free Plan does not include:

(a) Full access to AI Services;

(b) Premium learning materials;

(c) Advanced analytics; or

(d) Priority support.

10.2 Gold Subscription

10.2.1 The Gold Subscription is a paid plan that provides full access to the Services.

10.2.2 Gold Subscription features include:

(a) Full access to all AI Services;

(b) Unlimited learning materials;

(c) Advanced assessments and analytics;

(d) Priority support;

(e) All Premium Services; and

(f) Additional features as introduced.

10.2.3 Gold Subscription plans are available on a monthly or annual basis.

10.3 Subscription Billing

10.3.1 Subscription Fees are payable in advance for the subscription period.

10.3.2 You authorise us to charge your selected payment method for Subscription Fees on a recurring basis.

10.3.3 We will provide notice of upcoming charges in accordance with applicable law.

10.3.4 Subscription Fees are non-refundable except as expressly provided in these Terms or as required by law.

10.4 Renewals

10.4.1 Subscriptions will automatically renew at the end of the subscription period, unless you cancel before the renewal date.

10.4.2 You will receive notice of renewal terms before the renewal date.

10.4.3 We may adjust Subscription Fees for renewal periods, subject to providing notice.

10.5 Price Changes

10.5.1 We may change Subscription Fees at any time by providing at least 30 (thirty) days' notice.

10.5.2 Price changes will take effect at the next renewal date.

10.5.3 If you do not agree to price changes, you may cancel your Subscription.

10.6 Taxes

10.6.1 Subscription Fees are exclusive of VAT and other applicable taxes.

10.6.2 You are responsible for all taxes, duties, and levies imposed by any government authority.

10.7 Refund Policy

10.7.1 We do not provide refunds for:

(a) Partial subscription periods;

(b) Unused subscription features;

(c) Change of mind; or

(d) Failure to use the Services.

10.7.2 Refunds may be provided in exceptional circumstances, at our discretion.

10.7.3 Where the CPA applies, your statutory rights regarding refunds are not affected.

10.8 Promotions and Trials

10.8.1 We may offer promotional discounts or free trials from time to time.

10.8.2 Promotions and trials are subject to additional terms.

10.8.3 At the end of a free trial, you will be charged the applicable Subscription Fee unless you cancel before the trial ends.

10.9 Cancellation

10.9.1 You may cancel your Subscription at any time through your Account settings.

10.9.2 Cancellation will take effect at the end of the current billing period.

10.9.3 Upon cancellation, your Account will revert to the Free Plan, and you will lose access to Premium Services.

10.10 Failed Payments

10.10.1 If we are unable to process payment, we will notify you and may:

(a) Suspend access to Premium Services;

(b) Retry payment;

(c) Contact you for payment information; or

(d) Terminate your Subscription.

10.10.2 You are responsible for any fees or charges resulting from failed payments.

10.11 Suspension

10.11.1 We may suspend access to Premium Services where:

(a) Payment is overdue;

(b) There is a dispute about payment;

(c) We suspect fraudulent activity; or

(d) We are required by law.

11. PAYMENTS

11.1 Currency

11.1.1 All Fees are quoted and payable in South African Rand (ZAR).

11.2 Payment Providers

11.2.1 Payments are processed through Payfast, our third-party payment processor.

11.2.2 By making payment, you agree to Payfast's terms and conditions.

11.2.3 We do not store your full payment card details.

11.3 Invoices

11.3.1 Invoices will be provided for all Subscription Fees.

11.3.2 Invoices will be sent to the email address associated with your Account.

11.3.3 You must notify us of any billing errors within 30 (thirty) days of the invoice date.

11.4 Late Payments

11.4.1 If payment is not received by the due date, we may:

(a) Charge interest on the overdue amount;

(b) Suspend access to the Services; and

(c) Take legal action to recover the debt.

11.4.2 You are responsible for all costs of collection.

11.5 Fraud Prevention

11.5.1 We may:

(a) Verify payment information;

(b) Conduct fraud checks;

(c) Block suspicious transactions; and

(d) Share information with fraud prevention agencies.

12. SCHOOLS

12.1 School Licences

12.1.1 Schools may purchase institutional licences for use by Teachers and Learners.

12.1.2 School licences are subject to separate terms and conditions.

12.2 Institutional Accounts

12.2.1 Schools must designate an authorised administrator to manage the institutional Account.

12.2.2 The administrator is responsible for:

(a) Managing Users;

(b) Ensuring compliance with these Terms;

(c) Maintaining accurate records; and

(d) Providing appropriate oversight.

12.3 Teacher Responsibilities

12.3.1 Teachers using the Services must:

(a) Ensure appropriate supervision of Learners;

(b) Not share their Account credentials;

(c) Use the Services for educational purposes; and

(d) Comply with school policies and applicable laws.

12.4 Learner Management

12.4.1 Schools are responsible for:

(a) Obtaining parental consent for Learners;

(b) Managing Learner accounts; and

(c) Monitoring Learner activity.

12.5 Reporting

12.5.1 Schools may access reports on Learner progress and performance.

12.5.2 Reports are for educational purposes only and may not be shared without consent.

13. PARENTS AND LEGAL GUARDIANS

13.1 Consent

13.1.1 By creating an Account for a Learner, you provide:

(a) Consent for the Learner to use the Services;

(b) Consent to the processing of the Learner's Personal Information;

(c) Agreement to these Terms on behalf of the Learner; and

(d) Acceptance of responsibility for the Learner's use.

13.2 Monitoring

13.2.1 Parents/Legal Guardians may monitor their Learner's:

(a) Learning progress;

(b) Performance data;

(c) Usage patterns; and

(d) Account activity.

13.2.2 Parents/Legal Guardians should regularly review their Learner's use of the Services.

13.3 Responsibilities

13.3.1 Parents/Legal Guardians are responsible for:

(a) Supervising their Learner's use;

(b) Ensuring compliance with these Terms;

(c) Maintaining the security of Account credentials;

(d) Reporting any issues or concerns; and

(e) Providing accurate information.

13.4 Minor Accounts

13.4.1 Accounts for Learners under 18 are subject to parental control.

13.4.2 Parents/Legal Guardians may:

(a) Review Account information;

(b) Modify Account settings;

(c) Withdraw consent; and

(d) Request deletion of Learner data.

14. THIRD-PARTY SERVICES

14.1 Integration

14.1.1 The Platform may integrate with Third-Party Services, including:

(a) Google (for authentication and AI Services);

(b) Payfast (for payment processing);

(c) Google Analytics and PostHog (for analytics);

(d) Google Cloud (for hosting); and

(e) HostKing (for email services).

14.2 Third-Party Terms

14.2.1 Your use of Third-Party Services is subject to the terms and conditions of the respective third party.

14.2.2 We are not responsible for:

(a) The operation of Third-Party Services;

(b) The accuracy of third-party content;

(c) The privacy practices of third parties; or

(d) Any loss or damage caused by third parties.

14.3 No Responsibility

14.3.1 We do not endorse or guarantee Third-Party Services.

14.3.2 We are not liable for any issues arising from the use of Third-Party Services.

15. AVAILABILITY

15.1 Service Availability

15.1.1 We will use commercially reasonable efforts to maintain the availability of the Services.

15.1.2 We do not guarantee that the Services will be:

(a) Available at all times;

(b) Uninterrupted;

(c) Error-free; or

(d) Compatible with all devices or browsers.

15.2 Maintenance

15.2.1 We may perform scheduled maintenance, which may affect availability.

15.2.2 We will provide reasonable notice of scheduled maintenance.

15.2.3 We may perform emergency maintenance without notice.

15.3 Force Majeure

15.3.1 We are not liable for any failure or delay in performance caused by events beyond our reasonable control.

15.3.2 Force majeure events include:

(a) Natural disasters;

(b) War, terrorism, or civil unrest;

(c) Acts of government or regulators;

(d) Internet or telecommunications failures;

(e) Power outages; and

(f) Any other event outside our control.

15.4 User Responsibility

15.4.1 You are responsible for:

(a) Your internet connection;

(b) Your devices and software; and

(c) Backing up your data.

16. SERVICE UPDATES

16.1 Platform Improvements

16.1.1 We continuously improve the Services and may:

(a) Add new features;

(b) Remove existing features;

(c) Modify functionality; and

(d) Update the user interface.

16.2 AI Improvements

16.2.1 We may update AI models and algorithms to improve:

(a) Accuracy and relevance;

(b) Performance and speed;

(c) Safety and compliance; and

(d) User experience.

16.3 Discontinued Services

16.3.1 We may discontinue the Services or any part thereof at any time.

16.3.2 Where we discontinue the Services, we will:

(a) Provide reasonable notice;

(b) Refund any unused prepaid Fees; and

(c) Allow data export where feasible.

17. PRIVACY

17.1 Privacy Policy

17.1.1 Our Privacy Policy governs the collection, use, and disclosure of Personal Information.

17.1.2 By using the Services, you consent to the processing of your Personal Information as described in the Privacy Policy.

17.2 Incorporation

17.2.1 The Privacy Policy is incorporated into these Terms by reference.

17.2.2 In the event of any conflict, the Privacy Policy prevails in respect of privacy matters.

17.3 Data Protection

17.3.1 We process Personal Information in accordance with POPIA.

17.3.2 You have rights under POPIA, as described in our Privacy Policy.

18. COMMUNICATIONS

18.1 Electronic Communications

18.1.1 By using the Services, you consent to receive electronic communications from us.

18.1.2 Communications may include:

(a) Service notifications;

(b) Transaction confirmations;

(c) Marketing communications (with consent);

(d) Legal and regulatory notices; and

(e) Responses to support requests.

18.2 Types of Communications

18.2.1 We may communicate through:

(a) Email;

(b) Platform notifications;

(c) SMS or push notifications; and

(d) Other electronic means.

18.3 Legal Notices

18.3.1 Legal notices will be sent to the email address associated with your Account.

18.3.2 You are responsible for keeping your contact information up to date.

18.4 Opt-Out

18.4.1 You may opt out of marketing communications at any time.

18.4.2 You cannot opt out of service or legal communications.

19. DISCLAIMERS

19.1 Educational Purposes

19.1.1 The Services are provided for educational and informational purposes only.

19.1.2 The Services are not a substitute for:

(a) Formal education or schooling;

(b) Professional teaching or tutoring;

(c) Curriculum compliance; or

(d) Academic qualifications.

19.2 No Professional Advice

19.2.1 The Services do not constitute:

(a) Legal, medical, or financial advice;

(b) Professional educational advice;

(c) Psychological or therapeutic services; or

(d) Career or admissions advice.

19.3 No Guarantee of Results

19.3.1 We do not guarantee that:

(a) Your academic performance will improve;

(b) You will achieve specific results;

(c) You will gain admission to any institution; or

(d) You will obtain employment.

19.4 AI Limitations

19.4.1 AI Services are provided "as is" with all faults and limitations.

19.4.2 AI Outputs may be:

(a) Inaccurate or incomplete;

(b) Biased or inappropriate;

(c) Not suitable for all Users; and

(d) Subject to change.

19.5 Third-Party Content

19.5.1 We are not responsible for:

(a) Third-party content or services;

(b) The accuracy of third-party content;

(c) The availability of third-party services; or

(d) Any loss or damage caused by third parties.

19.6 "As Is" Disclaimer

19.6.1 To the maximum extent permitted by law, the Services are provided "as is" and "as available".

19.6.2 We disclaim all warranties, including:

(a) Merchantability;

(b) Fitness for a particular purpose;

(c) Non-infringement; and

(d) Accuracy or reliability.

19.6.3 Where the CPA applies, you have certain warranties that cannot be excluded.

20. LIMITATION OF LIABILITY

20.1 General Limitation

20.1.1 To the maximum extent permitted by law, Sgela Edu Tech's liability is limited to the total Fees paid by you in the 12 (twelve) months preceding the event giving rise to the liability.

20.1.2 Where the CPA applies, this limitation does not apply to liability for:

(a) Death or personal injury caused by our negligence;

(b) Fraud or wilful misconduct;

(c) Any liability that cannot be limited by law; or

(d) Your statutory consumer rights.

20.2 Exclusion of Damages

20.2.1 To the maximum extent permitted by law, we are not liable for:

(a) Indirect, special, or consequential damages;

(b) Loss of profits, revenue, or business;

(c) Loss of data or information;

(d) Loss of opportunity or goodwill;

(e) Loss of reputation; or

(f) Any other economic loss.

20.3 Consumer Rights

20.3.1 Nothing in these Terms excludes or limits your rights under the CPA.

20.3.2 Our liability in respect of consumer goods or services is governed by the CPA.

20.4 Basis of Agreement

20.4.1 The limitations of liability set out in this clause are a fundamental basis of this agreement.

20.4.2 The Fees charged reflect the allocation of risk set out in this clause.

21. INDEMNITY

21.1 User Indemnity

21.1.1 You agree to indemnify, defend, and hold harmless Sgela Edu Tech from and against all claims, damages, losses, liabilities, costs, and expenses arising from:

(a) Your use of the Services;

(b) Your User-Generated Content;

(c) Your violation of these Terms;

(d) Your violation of any law or regulation;

(e) Your infringement of third-party rights; and

(f) Your Account activity.

21.2 School Indemnity

21.2.1 Schools agree to indemnify us from and against claims arising from:

(a) Their Teachers' use of the Services;

(b) Their Learners' use of the Services;

(c) Failure to obtain consent; and

(d) Breach of applicable laws.

21.3 Parent Indemnity

21.3.1 Parents/Legal Guardians agree to indemnify us from and against claims arising from:

(a) Their Learner's use of the Services;

(b) Failure to supervise the Learner; and

(c) Inaccurate information provided.

21.4 Business User Indemnity

21.4.1 Business Users agree to indemnify us from and against claims arising from their commercial use of the Services.

22. SUSPENSION AND TERMINATION

22.1 Grounds for Suspension or Termination

22.1.1 We may suspend or terminate your Account or access to the Services at any time, with or without notice, if:

(a) You breach these Terms;

(b) You engage in fraudulent or illegal activity;

(c) You fail to pay Fees when due;

(d) You pose a security risk;

(e) You use the Services in a manner that harms others;

(f) We are required by law; or

(g) We cease providing the Services.

22.2 Immediate Suspension

22.2.1 We may suspend access immediately where:

(a) There is a security risk;

(b) We suspect fraud or illegal activity;

(c) We have received a legal demand; or

(d) It is necessary to protect our rights.

22.2.2 We will notify you of the suspension and the reason, where possible.

22.3 Permanent Termination

22.3.1 Permanent termination may occur where:

(a) You have committed a serious breach;

(b) You have repeatedly breached these Terms; or

(c) We have decided to cease providing the Services.

22.4 Appeals

22.4.1 You may appeal a suspension or termination by contacting Terms@sgela.co.za.

22.4.2 We will consider your appeal and respond within a reasonable time.

22.5 Effect of Termination

22.5.1 Upon termination:

(a) Your Account will be closed;

(b) You will lose access to the Services;

(c) Your Content may be deleted;

(d) Your Subscription will end; and

(e) Any outstanding Fees become immediately due.

22.5.2 Provisions that by their nature should survive termination will survive, including:

(a) Intellectual property provisions;

(b) Disclaimer and liability provisions;

(c) Indemnity provisions; and

(d) Governing law and dispute resolution provisions.

23. GOVERNING LAW

23.1 Applicable Law

23.1.1 These Terms and your use of the Services are governed by and construed in accordance with the laws of the Republic of South Africa.

23.1.2 The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

23.2 Jurisdiction

23.2.1 You agree to submit to the non-exclusive jurisdiction of the courts of South Africa for the resolution of any disputes.

23.2.2 Where you are a consumer, you may bring proceedings in your local jurisdiction.

24. DISPUTE RESOLUTION

24.1 Good Faith Negotiation

24.1.1 The parties agree to attempt to resolve any dispute through good faith negotiation.

24.1.2 Any party may initiate the dispute resolution process by providing written notice to the other party.

24.2 Mediation

24.2.1 If the dispute is not resolved through negotiation within 21 (twenty-one) days, the parties agree to submit the dispute to mediation.

24.2.2 The mediation will be conducted in accordance with the rules of the Arbitration Foundation of Southern Africa ("AFSA").

24.3 Arbitration

24.3.1 If mediation is unsuccessful, the dispute shall be resolved by arbitration in accordance with the AFSA rules.

24.3.2 The arbitration shall be:

(a) Conducted in Johannesburg;

(b) Conducted in English;

(c) Subject to the laws of South Africa; and

(d) Final and binding.

24.4 Jurisdiction

24.4.1 Either party may seek urgent interim relief from the courts.

24.4.2 Where the CPA applies, you may choose to bring proceedings in your local jurisdiction.

25. CONSUMER RIGHTS

25.1 Consumer Protection Act

25.1.1 Where you are a consumer as defined in the CPA, your rights under the CPA are not affected by these Terms.

25.1.2 We will not:

(a) Unfairly limit your rights;

(b) Require you to waive your rights;

(c) Exclude our liability where prohibited; or

(d) Restrict your right to fair dealing.

25.2 ECTA Rights

25.2.1 You have the rights provided under ECTA, including:

(a) The right to access and correct information;

(b) The right to withdraw consent; and

(c) The right to lodge complaints.

25.3 POPIA Rights

25.3.1 You have the rights provided under POPIA, including:

(a) The right to access Personal Information;

(b) The right to correct Personal Information;

(c) The right to object to processing; and

(d) The right to lodge a complaint.

26. ELECTRONIC COMMUNICATIONS

26.1 Electronic Signatures

26.1.1 Your use of the Services and acceptance of these Terms constitutes your electronic signature.

26.1.2 Electronic signatures have the same legal effect as handwritten signatures in terms of ECTA.

26.2 Electronic Records

26.2.1 All records and communications will be stored electronically.

26.2.2 Electronic records are admissible evidence in legal proceedings.

26.3 Click-Wrap Acceptance

26.3.1 By clicking "I Accept", "Sign Up", or similar buttons, you agree to these Terms.

26.3.2 Your acceptance is binding and constitutes a valid electronic contract.

26.4 Electronic Notices

26.4.1 Notices will be sent to the email address associated with your Account.

26.4.2 Notices are deemed received:

(a) 24 hours after sending, for email;

(b) Immediately upon posting on the Platform; or

(c) 7 days after posting, for physical mail.

27. SECURITY

27.1 User Security Obligations

27.1.1 You are responsible for:

(a) Keeping your Account credentials secure;

(b) Not sharing your Account with others;

(c) Using secure devices and networks;

(d) Reporting security incidents promptly; and

(e) Complying with our security policies.

27.2 Cybersecurity

27.2.1 You must not:

(a) Attempt to access systems without permission;

(b) Introduce malware or harmful code;

(c) Interfere with our security measures; or

(d) Engage in unauthorised testing.

27.2.2 Violations of the Cybercrimes Act 19 of 2020 will be reported to authorities.

27.3 Reporting Breaches

27.3.1 Report any security concerns to Terms@sgela.co.za.

27.3.2 We will investigate and respond to all reports.

28. COMPLIANCE

28.1 Applicable Laws

28.1.1 You agree to comply with all applicable laws and regulations, including:

(a) POPIA;

(b) CPA;

(c) ECTA;

(d) Copyright Act;

(e) Children's Act;

(f) Cybercrimes Act; and

(g) Other relevant legislation.

28.2 Export Controls

28.2.1 You agree to comply with all applicable export control laws.

28.2.2 You must not use the Services in any country subject to sanctions.

28.3 Academic Integrity

28.3.1 You agree to maintain academic integrity and not use the Services for cheating or plagiarism.

28.3.2 We may cooperate with educational institutions to enforce academic integrity.

29. AMENDMENTS

29.1 Updates

29.1.1 We may update these Terms from time to time.

29.1.2 Amendments will be posted on the Platform and notified to you.

29.2 Material Changes

29.2.1 We will provide at least 30 (thirty) days' notice of material changes.

29.2.2 Material changes include:

(a) Changes to your rights or obligations;

(b) Changes to Fees;

(c) Changes to liability provisions; and

(d) Changes to dispute resolution provisions.

29.3 Your Acceptance

29.3.1 Your continued use of the Services after the effective date of changes constitutes acceptance.

29.3.2 If you do not agree to the changes, you must stop using the Services and close your Account.

29.3.3 We will obtain consent where required by law.

30. GENERAL PROVISIONS

30.1 Entire Agreement

30.1.1 These Terms, together with our Privacy Policy and Additional Terms, constitute the entire agreement between you and us.

30.1.2 These Terms supersede all prior agreements, understandings, or representations.

30.1.3 No representations or warranties are made except as expressly stated in these Terms.

30.2 Severability

30.2.1 If any provision of these Terms is held to be invalid or unenforceable:

(a) The provision will be modified to the minimum extent necessary;

(b) The remaining provisions will remain in full force; and

(c) The invalid provision will be interpreted to achieve its purpose to the greatest extent possible.

30.3 Waiver

30.3.1 Failure to exercise any right does not constitute a waiver.

30.3.2 A waiver must be in writing to be effective.

30.3.3 A waiver of one breach does not waive any other breach.

30.4 Assignment

30.4.1 You may not assign these Terms without our consent.

30.4.2 We may assign these Terms to:

(a) An affiliate;

(b) A successor in interest; or

(c) Any entity acquiring our business.

30.4.3 We will notify you of any assignment.

30.5 Relationship of Parties

30.5.1 Nothing in these Terms creates:

(a) A partnership or joint venture;

(b) An employment or agency relationship; or

(c) A franchise or any other relationship.

30.6 Survival

30.6.1 Provisions that by their nature should survive termination will survive.

30.6.2 Survival includes:

(a) Intellectual property provisions;

(b) Disclaimer and liability provisions;

(c) Indemnity provisions;

(d) Governing law and dispute resolution provisions; and

(e) Any accrued rights or obligations.

30.7 No Partnership

30.7.1 These Terms do not create a partnership or agency relationship.

30.7.2 Neither party has authority to bind the other.

30.8 Language

30.8.1 These Terms are in English.

30.8.2 In the event of translation disputes, the English version prevails.

30.9 Headings

30.9.1 Headings are for convenience only and do not affect interpretation.

30.9.2 Headings are not part of the contract.

30.10 Interpretation

30.10.1 These Terms are to be interpreted:

(a) In accordance with South African law;

(b) Without regard to the drafter;

(c) In a commercially reasonable manner; and

(d) To achieve their intended purpose.

31. CONTACT INFORMATION

31.1 Contact Details

For any questions, concerns, or requests regarding these Terms or the Services, please contact us:

31.2 Customer Support

31.2.1 For customer support, contact support@sgela.co.za.

31.2.2 We will respond to all support requests within a reasonable time.

32. ACKNOWLEDGEMENT

By using the Services, creating an Account, or otherwise accessing the Platform, you acknowledge that:

1. You have read and understood these Terms;
2. You agree to be bound by these Terms;
3. You have read and understood our Privacy Policy;
4. You agree to the processing of your Personal Information as described in our Privacy Policy;
5. You have the legal capacity to enter into this agreement;
6. If you are accepting on behalf of a Learner, you have the authority to do so;
7. You have provided accurate and complete information;
8. You understand the limitations of the AI Services;
9. You understand your rights under POPIA, the CPA, and ECTA;
10. You understand that the Services are for educational purposes only.

END OF TERMS OF SERVICE