Terms of Use | EduPulse

1. Agreement to terms

These Terms of Use ("Terms") constitute a legally binding agreement between you (and, if applicable, the school or organisation you represent) and EduPulse ("we", "us", "our") governing your access to and use of the EduPulse platform, including the website, applications, and all related services (collectively, the "Service"). By registering, logging in, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use the Service. If you are using the Service on behalf of a school or organisation, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of the service

EduPulse is a comprehensive school management platform that provides administration, learning management, communication, attendance, grading, fee management, reporting, and related functionality for schools, principals, school administrators, teachers, learners, and parents or guardians. The Service may be offered in free trial, subscription, or other commercial arrangements. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable, and to impose limits on certain features or restrict access to parts of the Service without liability to you.

3. Accounts, registration, and security

You must provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your credentials or from unauthorised use of your account. You may not share your account with others or use another user's account. We may suspend or terminate accounts that we reasonably believe have been compromised or are in breach of these Terms.

4. Acceptable use and conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms and any applicable laws and regulations. You must not: (a) use the Service in any way that could harm, disable, or impair the Service or any user; (b) attempt to gain unauthorised access to the Service, other accounts, or any systems or networks; (c) use the Service to transmit any virus, malware, or other harmful code; (d) use the Service to harass, abuse, defame, or intimidate others; (e) use the Service to infringe any intellectual property or other rights of any party; (f) use the Service for any commercial purpose not expressly permitted by us (e.g. reselling or sublicensing); (g) scrape, crawl, or use automated means to access the Service without our prior written consent; or (h) otherwise use the Service in a manner that we reasonably consider inappropriate. Schools and responsible parties are responsible for ensuring that their staff, learners, and parents use the Service in accordance with these Terms and with any applicable school policies.

5. Subscription, fees, and payment

Where the Service is provided under a paid subscription or other fee-based arrangement, the applicable fees, billing cycle, and payment terms will be set out in your order form, invoice, or separate agreement with EduPulse. You agree to pay all fees when due. Failure to pay may result in suspension or termination of access to the Service. Fees are generally non-refundable unless otherwise agreed or required by law. We may change fees upon reasonable notice; continued use after the change constitutes acceptance. You are responsible for any taxes (e.g. VAT) that apply to your use of the Service unless we are required by law to collect them.

6. Intellectual property and your content

EduPulse and its licensors own all right, title, and interest in and to the Service (including software, design, text, graphics, and other materials), excluding any content that you or your school or users submit ("User Content"). You retain ownership of User Content that you submit. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free licence to use, store, display, reproduce, and distribute that User Content solely to provide and improve the Service and as permitted by our Privacy Notice and applicable law. You represent that you have all rights necessary to grant this licence and that User Content does not violate any third-party rights or applicable law. We may remove or disable User Content that we believe violates these Terms or is otherwise harmful, without prior notice where we consider it necessary.

7. Privacy and data protection

Your use of the Service is also governed by our Privacy Notice and, where applicable, our POPIA and data processing commitments. We process personal information as described in those documents and in accordance with applicable data protection laws, including the Protection of Personal Information Act 4 of 2013 (POPIA) in South Africa. Where we process personal data on behalf of a school, we do so as operator (processor) in accordance with the school's instructions and our data processing terms.

8. Limitation of liability

To the maximum extent permitted by applicable law, EduPulse and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, goodwill, or business opportunity) arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages. Our total aggregate liability for any claims arising from or relating to these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred South African rand (R100). Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability will be limited to the fullest extent permitted by law. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited by law.

9. Indemnity

You agree to indemnify, defend, and hold harmless EduPulse and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to (a) your use of the Service, (b) your User Content, (c) your violation of these Terms or any applicable law, or (d) any claim that your User Content or your use of the Service infringes or misappropriates any third-party right. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense.

10. Termination and effect

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for breach of these Terms. You may stop using the Service at any time. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive (including limitations of liability, indemnity, and dispute resolution) will survive termination. We may retain your data in accordance with our Privacy Notice and legal obligations after termination.

11. Disputes and governing law

These Terms are governed by the laws of the Republic of South Africa. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved by good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, either party may refer it to the courts of South Africa, which shall have exclusive jurisdiction. You agree to bring claims only in your individual capacity and not as a class or representative action.

12. General

These Terms, together with the Privacy Notice and any order or agreement referencing these Terms, constitute the entire agreement between you and EduPulse regarding the Service. Our failure to enforce any right or provision of these Terms will not be deemed a waiver. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect. We may assign our rights and obligations under these Terms; you may not assign without our prior written consent. No third party has any rights under these Terms.

13. Contact

For questions about these Terms of Use, please contact us via the support or contact details provided within the Service or on our website (e.g. support or legal contact). We will respond to legitimate requests within a reasonable time.