StudyMyWay.co.za
Terms and Conditions
[Last updated: ●●●●●●●●●, 2026]
These Terms and Conditions ("Terms") form a binding agreement between you ("Parent", "Guardian", "you") and [Company/Trading Name], registration number [●●●●●●●●●●] (if applicable), of [Physical/Registered Address] ("StudyMyWay", "we", "us"), governing your use of the StudyMyWay.co.za adaptive learning platform, including its website, application, and related services (the "Service").
PLEASE READ THESE TERMS CAREFULLY. By ticking the "I agree" box and completing registration, you confirm that you have read, understood, and accept these Terms, our Privacy Policy, and (where applicable) our AI Use Policy in full. If you do not agree, you may not register for or use the Service.
These Terms are drafted with reference to South African law, including the Protection of Personal Information Act 4 of 2013 ("POPIA"), the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), and the Children's Act 38 of 2005. This document is a template and should be reviewed by a South African attorney before you rely on it commercially — see the note at the end of this document.
1. Definitions
"Account" means the Parent account and any linked Student profiles created under it.
"Content" means any document, file, worksheet, or material uploaded by a Parent, and any quiz, mind map, summary, or feedback generated from it.
"Student" means a child or learner profile created and managed by a Parent under their Account.
"Subscription" means the recurring paid plan described in clause 6.
"AI Features" means quiz generation, grading, mind maps, and any other output produced using a third-party large language model (currently OpenAI's GPT-4o mini).
"Shared Content" means a chapter (and its approved mind maps, quizzes, and underlying documents) that a Parent has made available to other Parents via the Service's sharing feature, as described in clause 9.
"Fork" means to copy Shared Content into your own Account for your own use, editing, and re-sharing, as described in clause 9.
2. Eligibility and Parental Authority
2.1 The Service is intended for use by adults (18 years or older) acting as the parent or legal guardian of the Student(s) they register. Students do not register their own accounts; only a Parent may create, manage, and remove Student profiles.
2.2 By creating a Student profile, you warrant that you are the parent or legal guardian of that child, or otherwise hold lawful parental responsibilities and rights (as defined in the Children's Act 38 of 2005) entitling you to consent to the processing of that child's personal information and to their use of an online educational service.
2.3 You are responsible for supervising your child's use of the Service and for reviewing AI-generated content before it is made available to them, in line with the approval workflow built into the Service.
3. The Service
3.1 StudyMyWay allows a Parent to upload learning material (e.g. textbook chapters, worksheets, scanned notes) which is processed using artificial intelligence to generate mind maps and quiz questions. Parents review and approve generated questions before a Student can attempt them. Students complete quizzes and receive AI-assisted feedback, and Parents can view progress reports.
3.2 We may add, change, suspend, or discontinue any feature of the Service at any time, including during a Subscription period, provided this does not materially reduce the core value of an active paid Subscription without reasonable notice.
4. Registration and Account Security
4.1 You must provide accurate, current information when registering and keep your login credentials confidential. You are responsible for all activity that occurs under your Account.
4.2 Access to the Service is available to members of the public, subject to successful completion of registration and payment of the applicable Subscription fee. We may, at our discretion, limit the number of new Accounts accepted at any time, operate a waitlist, or decline to onboard a registrant (for example, where we suspect fraudulent registration or where reasonably required for security or capacity reasons).
4.3 You must notify us promptly at [support email] if you suspect unauthorised access to your Account.
5. Subscription Fees, Billing and Payment
5.1 Full access to the Parent dashboard requires an active paid Subscription of R150 (one hundred and fifty Rand) per month, inclusive of VAT where applicable. The current fee will always be displayed to you before you complete registration.
5.2 Payment is processed by our third-party payment provider, PayFast. We do not store your full card details; payment data is handled by the payment provider under its own terms and security standards (PCI-DSS compliant).
5.3 Your Subscription is billed monthly in advance on a recurring basis from your registration date, and will automatically renew each month until you cancel. You authorise us (via our payment provider) to charge your chosen payment method each billing cycle.
5.4 If a payment fails, we may retry the charge and/or suspend access to the Parent dashboard and Student profiles until payment succeeds. We will notify you by email if this happens.
5.5 We may change the Subscription fee from time to time. We will give you at least 20 business days' written notice (by email) before any price increase takes effect. Continuing to use the Service after that date constitutes acceptance of the new fee; if you do not agree, you may cancel before the change takes effect.
6. Cancellation, Suspension and Refunds
6.1 You may cancel your Subscription at any time from your account settings or by emailing [support email]. Cancellation stops future billing but does not entitle you to a refund of the current month's fee already paid, except as set out below or as required by law.
6.2 If you cancel, you retain access to paid features until the end of the current paid billing period, after which your Account will be downgraded and Student access suspended.
6.3 We may suspend or terminate your Account for breach of these Terms (including non-payment, abuse of the Service, or unlawful content), with notice where reasonably possible.
6.4 Nothing in this clause limits any right you have under the Consumer Protection Act 68 of 2008 to cancel a fixed-term or ongoing service, including the right to cancel a subscription at any time on reasonable notice, subject to a reasonable cancellation charge where applicable.
7. Usage Limits and Fair Use
To keep the Service sustainable and fairly priced, each active Subscription includes the following limits, which we may adjust from time to time by notice on the Parent dashboard:
Up to 2 Student profiles per Parent Account.
Up to 20 uploaded documents per calendar month per Account, including supplementary or supporting documents.
A maximum file size of 50MB per uploaded document.
A monthly fair-use limit on AI Feature usage (quiz generation, grading, and mind-map creation) per Account, shown in your dashboard. Usage beyond this limit may be queued until the next billing cycle or made available as an optional add-on in future.
We reserve the right to introduce paid add-ons for additional Students, documents, storage, or AI usage above these limits.
8. Content You Upload
8.1 You warrant that you own, or have the necessary rights and permissions to upload and process, any document or material you submit to the Service, and that doing so does not infringe any third party's copyright or other intellectual property rights (for example, you should not upload entire copyrighted textbooks without the right to reproduce them for this purpose).
8.2 You must not upload content that is unlawful, harmful, obscene, or that contains personal information of anyone other than you and your registered Student(s) without appropriate consent.
8.3 You grant us a limited, non-exclusive licence to store and process uploaded Content solely to provide the Service to you, including transmitting relevant extracts to our AI processing provider(s) for the purpose of generating quizzes, mind maps, and feedback, and, where you use the sharing feature described in clause 9, to make it available to other users as Shared Content.
9. Sharing and Forking of Content
9.1 The Service may allow a Parent to share a chapter, together with its approved mind maps, quizzes, and the underlying documents used to generate them ("Shared Content"), so that other Parents can copy it into their own Account ("Fork") and use, edit, and re-share it in turn. By sharing Content, you grant other Parents a non-exclusive licence to view, Fork, and adapt it for use with their own Student(s), and you grant us a licence to display, store, and distribute it to other users for that purpose.
9.2 Forking creates a separate, independent copy of the Shared Content under the forking Parent's own Account. The forking Parent becomes solely responsible for reviewing and approving that content (including any AI-generated mind maps or quizzes) before it is made available to their own Student(s), in the same way as for their own uploaded Content, and may further edit, adapt, and re-share it, subject to these Terms.
9.3 By sharing Content, you additionally warrant that: (a) you own or have the necessary rights and permissions to make it available to other users, not only to us (in addition to the warranty in clause 8.1); and (b) it does not contain personal information about you, your child, or any third party (such as names, photos, school details, or identifiable handwriting) beyond what is necessary and appropriate for shared educational use. You are responsible for removing or redacting personal identifiers before sharing.
9.4 We may review, moderate, decline to publish, or remove any Shared Content at our discretion (including content already Forked by others), for example where it is reported, inaccurate, inappropriate, or infringes a third party's rights, but we are not obliged to actively monitor all Shared Content before or after publication.
9.5 You may stop sharing Content at any time, which prevents further Forking of it, but this does not affect copies already Forked into other Parents' Accounts before you stopped sharing; those copies continue to be governed by these Terms in the hands of the Parent who Forked them.
9.6 We do not warrant the accuracy, quality, or curriculum suitability of Shared Content created by other Parents, whether original or Forked. Clause 10 (AI-Generated Content Disclaimer) applies equally to any AI-generated elements within Shared or Forked Content.
10. AI-Generated Content Disclaimer
10.1 Quizzes, grading, feedback, and mind maps are generated using an artificial intelligence model (currently OpenAI GPT-4o mini) and may contain errors, omissions, or inaccuracies. AI outputs are a study aid only and are not a substitute for a qualified teacher, tutor, or the official curriculum.
10.2 The Service is designed so that a Parent reviews and approves AI-generated questions before a Student can access them; you are responsible for that review and for the suitability of approved content for your child.
10.3 We do not guarantee any particular academic outcome, grade improvement, or level of curriculum alignment from use of the Service.
11. Intellectual Property
11.1 You retain ownership of the Content you upload. We and our licensors retain all rights in the Service itself, including its software, design, branding, and the structure of AI-generated outputs (excluding your underlying uploaded Content).
11.2 You may not copy, resell, sublicense, reverse-engineer, or create derivative works of the Service outside of your permitted personal/family use, other than Forking Shared Content as expressly permitted by clause 9.
11.3 Sharing or Forking Content under clause 9 does not transfer ownership of the original Content. The Parent who originally uploaded or created it retains ownership, subject to the licences granted in clause 9.
12. Protection of Personal Information (POPIA)
12.1 We process personal information in accordance with POPIA and our Privacy Policy [link], which forms part of these Terms by reference. We act as the Responsible Party for personal information collected through registration, billing, and platform use, and take appropriate technical and organisational measures to keep it secure.
12.2 We collect and use personal information (such as parent and student names, email addresses, uploaded documents, and performance data) only for purposes connected to providing, maintaining, and improving the Service, billing, and legally required record-keeping, unless you separately consent to further use.
12.3 You have the rights set out in POPIA, including the right to access, correct, or request deletion of personal information we hold about you or your Student(s), and to object to processing on reasonable grounds, subject to our legal and contractual retention requirements.
12.4 If you believe we have processed personal information unlawfully, you may lodge a complaint with us and/or with the Information Regulator (South Africa) at enquiries@inforegulator.org.za.
13. Children's Personal Information
13.1 Because Student profiles belong to children, we treat Student personal information with the additional care POPIA requires for children's information. We rely on your consent, given as the parent or legal guardian, to process your Student's personal information for the purposes of providing the Service.
13.2 We collect only the Student information reasonably necessary to operate the Service (such as a first name, grade/level, uploaded study material, and quiz results) and do not knowingly use it for marketing directed at children.
13.3 You may withdraw consent for a Student's continued use at any time by deleting that Student's profile or your Account; this will stop further processing of that Student's information for the Service, subject to any information we are legally required to retain.
14. Disclaimer of Warranties
14.1 The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, and we do not warrant that the Service will be uninterrupted, error-free, or entirely secure.
14.2 Nothing in these Terms limits any right or protection you have as a consumer under the Consumer Protection Act 68 of 2008 that cannot lawfully be excluded or limited.
15. Limitation of Liability
15.1 To the maximum extent permitted by law, our total liability to you arising out of or in connection with the Service, whether in contract, delict, or otherwise, is limited to the total Subscription fees you paid us in the three (3) months preceding the event giving rise to the claim.
15.2 We are not liable for indirect, special, or consequential loss, including loss of data, loss of study time, or academic outcomes, except where such exclusion is not permitted by law or arises from our gross negligence, wilful misconduct, or fraud.
16. Indemnity
You agree to indemnify and hold us harmless against any claim, loss, or damage arising from your breach of these Terms, your misuse of the Service, or Content you upload or share (including as Shared Content Forked by others) that infringes a third party's rights.
17. Termination
17.1 We may suspend or terminate your Account, with notice where reasonably possible, if you materially breach these Terms, fail to pay Subscription fees, or misuse the Service.
17.2 On termination, your right to access the Service ends; we will retain or delete your personal information in accordance with our Privacy Policy and applicable law.
18. Changes to these Terms
We may update these Terms from time to time to reflect changes in the Service, our practices, or the law. Material changes will be notified to you by email or an in-app notice at least 20 business days before they take effect. Continued use of the Service after that date constitutes acceptance of the updated Terms.
19. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of South Africa. You and we agree to submit to the non-exclusive jurisdiction of the South African courts in respect of any dispute arising from these Terms, without prejudice to your rights under the CPA to approach the National Consumer Commission or other applicable ombud.
20. Complaints and Dispute Resolution
20.1 If you have a complaint, please contact us first at [support email] so we can try to resolve it directly.
20.2 For POPIA-related complaints, you may also contact the Information Regulator (South Africa): enquiries@inforegulator.org.za / www.justice.gov.za/inforeg.
20.3 For consumer complaints that remain unresolved, you may approach the National Consumer Commission or an accredited consumer ombud with jurisdiction over online/digital services.
21. General
21.1 These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
21.2 If any provision is found invalid or unenforceable, the remaining provisions continue in full force.
21.3 Our failure to enforce a provision is not a waiver of our right to do so later.
21.4 You may not cede, assign, or transfer your Account or rights under these Terms without our prior written consent. We may cede or assign our rights and obligations, including to a successor business, provided your rights under these Terms are not materially prejudiced.
22. Contact Us
[Company/Trading Name]
Email: [support email]
Address: [Physical/Registered Address]