Legal

Terms of Service

These terms govern your use of the Pedagy platform. By accessing or using Pedagy, you agree to be bound by these terms.

Effective: 1 January 2025 Last updated: 1 January 2025 Jurisdiction: South Africa
Version 1.0 — Effective 1 January 2025
Important: Please read these Terms carefully before using Pedagy. If you are accepting these Terms on behalf of a school or organisation, you represent that you have the authority to bind that entity.

1. Definitions

In these Terms, the following definitions apply:

  • "Pedagy" / "we" / "us" / "our" means Pedagy (Pty) Ltd, a company registered in South Africa.
  • "Platform" means the Pedagy learning management system, web application, APIs, and all related services.
  • "School" means any educational institution that subscribes to and uses the Platform.
  • "School Administrator" means any individual authorised by the School to manage the Platform on its behalf.
  • "Teacher" means any educator registered on the Platform by a School.
  • "Learner" means any student enrolled on the Platform by a School.
  • "Parent" means any parent or legal guardian of a Learner who has been granted access to the Platform.
  • "User" means any individual who accesses or uses the Platform, including School Administrators, Teachers, Learners, and Parents.
  • "Content" means all material uploaded, submitted, or created on the Platform, including assignments, quizzes, lesson materials, marks, and messages.
  • "Personal Information" has the meaning assigned to it in the Protection of Personal Information Act 4 of 2013 (POPIA).
  • "Subscription" means the paid plan under which a School accesses the Platform.

2. Acceptance of Terms

By accessing or using the Platform, you confirm that:

  • You have read, understood, and agree to these Terms;
  • If you are a School Administrator, you have authority to accept these Terms on behalf of the School;
  • You are at least 18 years of age, or are a Learner accessing the Platform under the supervision of your School and with parental consent;
  • You will use the Platform in accordance with all applicable laws, including the laws of the Republic of South Africa.

If you do not agree to these Terms, you must not use the Platform.

3. The Services

Pedagy provides a cloud-based learning management system designed for South African schools, including the following features:

  • Learner enrolment, profile management, and grade tracking;
  • Assignment creation, submission, and marking;
  • Quiz creation, administration, and results;
  • Marks recording and academic results reporting;
  • Teacher-learner and teacher-parent messaging;
  • School announcements and communication tools;
  • Parent portal with visibility into learner progress;
  • Admin dashboard, reports, and school management tools.

We reserve the right to modify, suspend, or discontinue any feature of the Platform with reasonable notice.

4. Accounts & Access

4.1 Account Creation

Schools are onboarded by Pedagy staff and assigned administrative credentials. Schools are responsible for creating and managing accounts for their Teachers, Learners, and Parents within the Platform.

4.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You must not share your password with any other person. You must notify us immediately at support@pedagy.co.za if you suspect any unauthorised access to your account.

4.3 Learner Accounts

Learner accounts are created and managed by the School. Schools are responsible for ensuring that parental consent has been obtained before enrolling minors on the Platform, in compliance with POPIA and the Children's Act 38 of 2005.

4.4 Account Suspension

We reserve the right to suspend or terminate any account that violates these Terms, without prior notice where necessary to protect the integrity of the Platform or the safety of other Users.

5. Fees & Payment

5.1 Subscription Fees

Access to the Platform is provided on a subscription basis. Fees are calculated per enrolled learner per academic year. Current pricing is available at pedagy.co.za/pricing or as set out in your School Service Agreement.

5.2 Payment Terms

Fees are invoiced annually in advance unless otherwise agreed in writing. Payment is due within 30 days of invoice date. We reserve the right to suspend access for accounts with overdue payments after providing 14 days' written notice.

5.3 Price Changes

We may revise our pricing with 60 days' written notice before your next annual renewal date. Continued use after the revised pricing takes effect constitutes acceptance of the new pricing.

5.4 Taxes

All fees are exclusive of VAT. VAT will be added at the applicable rate where required by South African law.

5.5 Refunds

Fees paid in advance are non-refundable except where we materially fail to provide the Platform as described and fail to remedy the issue within 30 days of written notice.

6. Data & Privacy

Our collection, use, and protection of Personal Information is governed by our Privacy Policy and POPIA Compliance Statement, which are incorporated into these Terms by reference.

Schools are the Responsible Party for the Personal Information of their Learners, Parents, and Teachers. Pedagy acts as an Operator processing Personal Information on behalf of Schools. A separate Data Processing Agreement is entered into with each School as part of the onboarding process.

We will never sell Personal Information to third parties, nor use Learner data for advertising purposes.

7. Intellectual Property

7.1 Pedagy IP

The Platform, including all software, design, trademarks, logos, and documentation, is the exclusive intellectual property of Pedagy (Pty) Ltd. You are granted a limited, non-exclusive, non-transferable licence to use the Platform solely for its intended educational purpose during your active Subscription.

7.2 School Content

All Content uploaded by Schools, Teachers, Learners, and Parents remains the intellectual property of the uploading party. By uploading Content to the Platform, you grant Pedagy a limited licence to store, display, and process that Content solely for the purpose of delivering the Platform services.

7.3 No Reverse Engineering

You may not copy, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform.

8. Your Obligations

As a User, you agree to:

  • Provide accurate, complete, and current information when creating or updating your account;
  • Use the Platform only for its intended lawful educational purpose;
  • Comply with all applicable laws, including those protecting children and personal information;
  • Treat all other Users with respect and dignity;
  • Ensure that all Content you upload does not infringe any third-party rights;
  • Keep your login credentials secure and confidential;
  • Report any suspected security vulnerabilities or data breaches to Pedagy immediately.

9. Prohibited Conduct

You must not use the Platform to:

  • Upload, share, or distribute content that is unlawful, defamatory, abusive, obscene, or harmful to minors;
  • Harass, bully, threaten, or intimidate any other User;
  • Attempt to gain unauthorised access to any part of the Platform or any other User's account;
  • Introduce malware, viruses, or any harmful code into the Platform;
  • Use automated tools, bots, or scrapers to extract data from the Platform;
  • Misrepresent your identity or impersonate any person or entity;
  • Use the Platform in any way that could impair its performance or availability for other Users;
  • Resell, sublicence, or commercially exploit access to the Platform without written authorisation from Pedagy.

Violation of this section may result in immediate account termination and may be reported to law enforcement authorities.

10. Platform Availability

We aim to provide reliable, continuous access to the Platform. However, we do not guarantee uninterrupted availability. Planned maintenance will be communicated in advance where possible. We are not liable for losses caused by downtime, outages, or technical failures beyond our reasonable control.

We target 99.5% uptime on an annual basis, excluding scheduled maintenance windows. Maintenance is typically performed outside South African school hours.

11. Limitation of Liability

To the maximum extent permitted by South African law:

  • Pedagy's total liability to any User or School shall not exceed the total fees paid by that School in the 12 months preceding the event giving rise to the claim;
  • We are not liable for indirect, incidental, special, or consequential losses, including loss of data, loss of revenue, or loss of profits;
  • We are not responsible for the Content uploaded by Schools, Teachers, or Learners;
  • We are not responsible for the actions of any User on the Platform.

Nothing in these Terms excludes liability for fraud, death or personal injury caused by our negligence, or any other liability that cannot be excluded under South African law.

12. Termination

12.1 Termination by School

A School may terminate its Subscription by providing 30 days' written notice before the annual renewal date. No refund is payable for the remaining prepaid period.

12.2 Termination by Pedagy

We may terminate a School's access immediately if the School: materially breaches these Terms and fails to remedy the breach within 14 days of notice; becomes insolvent or liquidated; or uses the Platform in a manner that poses a risk to other Users or the Platform.

12.3 Effect of Termination

Upon termination, the School's access to the Platform will be disabled. We will retain School data for 90 days after termination, during which the School may request an export of its data. After 90 days, data will be permanently deleted.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms shall first be referred to mediation. If mediation fails, disputes shall be resolved by the courts of the Western Cape, South Africa.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email to the registered School Administrator at least 30 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

15. Contact

For any questions about these Terms, please contact:

ContactDetails
Legal enquirieslegal@pedagy.co.za
Supportsupport@pedagy.co.za
Information Officerpopia@pedagy.co.za
Postal addressPedagy (Pty) Ltd, South Africa