1. Acceptance
By accessing or using any part of the eduSYMS service — the marketing website at edusyms.com, the customer platform, or any related products — you agree to be bound by these Terms of Service. If you are using the service on behalf of an institution, you confirm that you have the authority to bind that institution to these terms.
If you do not agree, do not use the service.
2. Definitions
- "eduSYMS", "we", "our" — the entity providing the eduSYMS service.
- "You", "Customer" — the individual or institution using the service.
- "Service" — the eduSYMS platform and its constituent products.
- "Content" — any data, files, or messages provided to or processed by the service.
- "Subscription" — a paid or trial right to use the service for a defined period.
3. Your account
To use parts of the service you may need to register an account. You agree to:
- Provide accurate information and keep it current.
- Keep credentials confidential and not share them.
- Notify us promptly of any unauthorised use or security incident affecting your account.
- Be responsible for activity carried out under your account.
4. Permitted use
You may use the service only for lawful purposes and in accordance with these terms and our Acceptable Use Policy. You may not:
- Reverse-engineer, copy, or create derivative works of the service.
- Use the service to send spam, malware, or unlawful content.
- Bypass rate limits, security controls, or capacity allocations.
- Sell, sub-licence, or rent access to the service without written consent.
- Use the service to compete with eduSYMS or to benchmark for a competing product.
5. Subscriptions & fees
Where the service is offered on a paid basis, the specific subscription plan, fees, billing cycle, and renewal terms are set out in the customer's order form or the published pricing applicable at the time of purchase.
- Fees are due in accordance with the order form.
- Late payments may attract interest at the legally permitted rate.
- Subscriptions auto-renew unless cancelled before the renewal date.
- VAT and applicable taxes are added where required by law.
6. Intellectual property
eduSYMS retains all rights, title, and interest in the service, including all software, designs, trademarks, and documentation. We grant you a non-exclusive, non-transferable right to use the service for the duration of your subscription, subject to these terms. Nothing in these terms transfers ownership of any eduSYMS intellectual property to you.
7. Customer content
You retain all rights in the content you upload to the service. You grant us a limited licence to store, process, transmit, and display your content as necessary to provide the service. We do not claim ownership of customer content and we do not use it to train external machine-learning models.
You are responsible for the accuracy and lawfulness of the content you upload, and for obtaining the necessary consents from data subjects (including parents and learners where applicable).
8. Service availability
We aim for high availability but do not guarantee that the service will be uninterrupted. Planned maintenance is communicated where reasonably possible. Specific availability commitments, if any, are set out in the order form or service-level agreement.
Where the service includes the eduSYMS Edge offline-first layer, your local devices may continue to function during cloud-side incidents.
9. Termination
Either party may terminate a subscription at the end of its term in accordance with the order form. We may suspend or terminate access immediately if you breach these terms in a material way, fail to pay fees, or use the service in a way that risks harm to others or the platform.
On termination, we will provide a reasonable export window for your data, after which it will be deleted in line with our retention policy.
10. Disclaimers
The service is provided "as is" and "as available". To the maximum extent permitted by law, eduSYMS disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be error-free or that all defects will be corrected.
11. Limitation of liability
To the maximum extent permitted by law, eduSYMS will not be liable for indirect, consequential, incidental, or special damages, including lost profits or lost data. Our total aggregate liability for any claim arising out of or relating to the service will not exceed the fees paid by you to eduSYMS in the twelve months preceding the event giving rise to the claim. Nothing in this section limits liability for fraud or for anything that cannot lawfully be limited.
12. Indemnification
You agree to indemnify and hold eduSYMS harmless from claims arising out of (a) your use of the service in breach of these terms, (b) content you upload that infringes third-party rights or violates law, and (c) your failure to obtain required consents from data subjects.
13. Governing law & dispute resolution
These terms are governed by the laws of the Republic of South Africa. The parties will attempt to resolve disputes in good faith and through negotiation. If a dispute cannot be resolved within thirty days, either party may refer it to mediation, and failing that, to the South African courts of competent jurisdiction.
14. Changes to these terms
We may update these terms from time to time. Material changes will be communicated to active customers and the "Last updated" date will be revised. Continued use of the service after a change indicates acceptance of the updated terms.
15. Contact
For questions about these terms, contact [email protected] or WhatsApp +27 76 263 6000.