Terms and Conditions for EduPace Subscription Service

Last Updated: April 21, 2025

These Terms and Conditions ("Terms") govern your use of the EduPace curriculum management platform ("Service"), a subscription-based software provided by HashData (Pty) Ltd ("HashData," "we," "us," or "our"), a company registered in South Africa. By accessing, registering for, or using the Service, you ("Subscriber," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Service.

Definitions

  • EduPace: A cloud-based curriculum management platform for special schools, aligned with South Africa’s Differentiated Curriculum and Assessment Policy Statement (DCAPS).
  • Subscriber: The school, institution, or authorized entity subscribing to the Service.
  • Users: Authorized individuals (e.g., teachers, administrators, or staff) accessing the Service under the Subscriber’s account.
  • Subscription: The paid license granting access to the Service for a specified term, as outlined in the Order or online sign-up process.

Eligibility

  • The Service is designed for educational institutions, specifically special schools implementing the DCAPS curriculum.
  • By subscribing, you confirm you are an authorized representative of the Subscriber with the authority to enter into this agreement.
  • The Service is not intended for individual consumer use or for users under 18 without parental or institutional consent.

Subscription and Access

Subscription Scope

  • HashData grants the Subscriber a non-exclusive, non-transferable, revocable license to access and use EduPace for internal educational purposes during the Subscription Term, subject to these Terms.
  • The Subscription is per school, with pricing and features based on the selected plan, as detailed in the Order or online sign-up process.

Access and Users

  • The Subscriber is responsible for managing access, including creating and maintaining User accounts.
  • Users must comply with these Terms, and the Subscriber is liable for User actions violating these Terms.
  • The Subscriber must ensure User credentials (e.g., usernames and passwords) remain confidential and are not shared.

Restrictions

You may not:

  • Copy, modify, distribute, or reverse-engineer the Service or its software.
  • Use the Service for unlawful purposes or in violation of these Terms.
  • Share access with unauthorized third parties.
  • Attempt unauthorized access to the Service or its systems.

Payment and Billing

Subscription Fees

  • Subscription fees are charged monthly per school, as specified in the Order or online sign-up process.
  • Fees are quoted in South African Rand (ZAR), exclusive of applicable taxes (e.g., VAT), which the Subscriber is responsible for paying.

Payment Terms

  • Payments are due monthly in advance via approved methods (e.g., credit card, bank transfer).
  • Late payments may incur interest at 1.5% per month or the maximum rate permitted by law, whichever is lower.

Refunds

  • Subscription fees are generally non-refundable, except as required by applicable law or in cases of HashData’s material breach, as outlined in the Termination section.
  • You may request a refund within 7 days of your initial monthly subscription payment if the Service has not been actively used (e.g., no user accounts created or curriculum data uploaded). Refund requests must be submitted to info@edupace.co.za with account and payment details.
  • No refunds will be issued for subscription renewals, partial months, or unused services.
  • Approved refunds will be processed within 14 business days.

Fee Changes

  • HashData may modify subscription fees with 30 days’ written notice.
  • Fee changes apply at the start of the next billing cycle unless otherwise agreed.

Data Privacy and Security

Data Collection

  • The Service collects personal information (e.g., names, email addresses) and educational data (e.g., curriculum plans, assessments) as needed to provide the Service.
  • HashData complies with South Africa’s Protection of Personal Information Act (POPIA) and applicable data protection laws.

Data Use

  • HashData processes data solely to provide and improve the Service, unless authorized by the Subscriber.
  • The Subscriber must obtain necessary consents from Users or guardians for data processing, especially for minors.

Data Security

  • HashData implements reasonable technical and organizational measures to protect Subscriber data from unauthorized access, loss, or disclosure.
  • The Subscriber is responsible for securing its systems and User accounts.

Data Ownership

  • The Subscriber owns all data uploaded to or generated by the Service.
  • HashData may use anonymized, aggregated data for analytics and service improvement, provided it does not identify the Subscriber or Users.

Intellectual Property

  • All intellectual property rights in the Service, including software, content, and trademarks, are owned by HashData or its licensors.
  • The Subscriber is granted no rights to the Service except as expressly provided in these Terms.
  • Feedback or suggestions from the Subscriber may be used by HashData to improve the Service without obligation or compensation.

Termination

Termination by Subscriber

  • The Subscriber may terminate the Subscription by providing written notice at least 30 days before the end of the current billing cycle via info@edupace.co.za.
  • No refunds will be issued for partial billing periods unless termination is due to HashData’s material breach.

Termination by HashData

HashData may suspend or terminate the Subscription if:

  • The Subscriber fails to pay fees and does not remedy the failure within 14 days of notice.
  • The Subscriber breaches these Terms and does not remedy the breach (if remediable) within 14 days of notice.
  • The Subscriber engages in unlawful or fraudulent use of the Service.

Upon termination, access to the Service will cease, and the Subscriber must stop using the Service.

Data Retrieval

  • Upon termination, HashData will provide a reasonable opportunity (up to 30 days) to export Subscriber data, subject to technical feasibility and payment of outstanding fees.
  • After this period, HashData may delete Subscriber data per its data retention policies.

Warranties and Disclaimers

Warranties

  • HashData warrants that the Service will perform substantially as described in its documentation under normal use.
  • The Subscriber warrants it has the authority to enter these Terms and will use the Service in compliance with applicable laws.

Disclaimers

  • The Service is provided “as is” and “as available.” HashData disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
  • HashData does not guarantee uninterrupted, error-free, or virus-free Service.

Limitation of Liability

  • HashData’s total liability for claims arising from these Terms or the Service will not exceed the fees paid by the Subscriber in the 12 months preceding the claim.
  • HashData is not liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or goodwill, even if advised of such damages.

Indemnification

  • The Subscriber will indemnify and hold HashData harmless from claims or damages arising from the Subscriber’s or Users’ use of the Service in violation of these Terms or applicable laws.
  • HashData will indemnify the Subscriber against claims that the Service infringes third-party intellectual property rights, provided the Subscriber promptly notifies HashData and cooperates in the defense.

Governing Law and Dispute Resolution

  • These Terms are governed by the laws of South Africa.
  • Disputes will be resolved through good-faith negotiation. If unresolved, disputes will be submitted to the exclusive jurisdiction of the courts in Cape Town, South Africa.

Miscellaneous

Entire Agreement

  • These Terms, along with any Order or online sign-up agreement, constitute the entire agreement between the parties, superseding all prior agreements.

Amendments

  • HashData may update these Terms by posting the revised version on the EduPace website. Continued use of the Service constitutes acceptance of the updated Terms.

Force Majeure

  • HashData is not liable for delays or failures due to events beyond its reasonable control, such as natural disasters or internet outages.

Assignment

  • The Subscriber may not assign its rights or obligations under these Terms without HashData’s prior written consent.
  • HashData may assign these Terms to a successor in a merger, acquisition, or asset sale.

Contact Information

For questions about these Terms or the Service, contact:

  • HashData (Pty) Ltd
  • Email: info@edupace.co.za
  • Address: E001, Fairway Square, 23 Fairway Close, Parow Golf Course, Parow, Cape Town, 7500, South Africa

Acceptance of Terms

By subscribing to or using the EduPace Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.