Terms of Use

1. Introduction

Welcome to Koonection. These Terms of Use ("Terms") govern your access to and use of Koonection's website, applications, and services (collectively, the "Service"), operated by Koonection (PTY) Ltd (Registration Number: 2024/420393/07) ("Koonection," "we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of a school or other organization, you represent that you have the authority to bind that organization to these Terms. You must be of legal age or an authorised representative of the subscribing institution to accept these Terms.

These Terms should be read together with our Privacy Policy, Refund Policy, and Cancellation Policy, which are incorporated into these Terms by reference.

1.1 User Representations and Warranties

By using the Service, you represent and warrant that:

• All registration, account, and billing information you provide is true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update it as necessary.
• You have the legal capacity to enter into these Terms and to comply with all applicable laws and regulations.
• You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise, except as expressly permitted by Koonection.
• Your use of the Service will not violate any applicable law or regulation, including the Protection of Personal Information Act (POPIA), the Consumer Protection Act (CPA), and the South African Schools Act.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Service.

2. Service Description

Koonection provides a digital platform for educational institutions to manage student information, class assignments, family communications, and related educational administrative functions. The platform includes a web-based admin dashboard for school administrators and clerks, as well as companion mobile applications for teachers and parents/guardians. All user accounts (clerks, teachers, and parents/guardians) are created by the school administrator.

2.1 Trial Period

The Service includes a 30-day trial period during which you can access all features without charge. After the trial period, a paid subscription is required to continue using the Service. We do not automatically convert trials to paid subscriptions; explicit confirmation from the account administrator is required before any charges are applied. Notification will be provided before the trial ends.

2.2 Subscription and Payment Terms

2.2.1 Subscription Terms

After the trial period, continued use requires a paid subscription, which must be actively initiated by the account administrator. Subscriptions are billed on a monthly cycle and automatically renew at the start of each billing period unless cancelled. You consent to our charging your designated payment method on a recurring basis without requiring prior approval for each recurring charge, until you cancel your subscription. We may offer discount codes or promotional periods at our discretion.

2.2.2 Payment Processing and Fee Changes

All fees are charged in South African Rand (ZAR) through secure payment channels. Invoice payments are due within 7 days. Late payments may result in service suspension, with service restoration occurring within 24 hours of payment.

We may adjust subscription fees from time to time. We will provide at least 30 days' written notice (via email or in-platform notification) before any fee increase takes effect. If you do not agree with a fee change, you may cancel your subscription before the new fee takes effect, and your access will continue until the end of the current billing period at the existing rate.

2.2.3 Refunds

Refunds are not provided for unused subscription periods unless required by law or as described in our Refund Policy. Users may cancel subscriptions at any time; access will continue until the end of the billing cycle. Please refer to our Cancellation Policy for full details.

3. User Responsibilities and Educational Institution Requirements

3.1 Educational Data Management

Educational institutions using our Service must:

• Obtain parental consent for students under 18.
• Conduct annual reviews and updates of student information.
• Comply with the South African Schools Act.
• Implement regular staff training on data protection.

3.2 Parental Rights

We support parental access to and control of student data, including:

• Access to their child's information.
• Rights to update or correct student information.
• Options to limit data sharing for non-essential purposes.
• Access to historical academic records as required by regulations.

3.3 Security Training and Incident Response Requirements

Security Training Requirements

Your institution must ensure all system users receive comprehensive security training covering:

• Data protection principles and best practices.
• Password security and management.
• Safe data handling procedures.
• Security threat recognition.
• Proper use of security features.
• Regular security awareness updates.

4. Acceptable Use

You agree to use the Service only for its intended purpose of educational institution management. When using the Service, you must not:

• Attempt to gain unauthorised access to any part of the Service, other users' accounts, or any systems or networks connected to the Service.
• Share, transfer, or disclose your login credentials to any third party. Each user account is for individual use only.
• Use any automated means (including bots, scrapers, or crawlers) to access or collect data from the Service.
• Upload, transmit, or distribute any harmful, offensive, or unlawful content through the Service.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service.
• Use the Service for any purpose that violates applicable laws or regulations, including data protection laws.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Use personal information accessed through the Service for any purpose other than educational administration.
• Impersonate any person or entity, or falsely state or misrepresent your identity or affiliation with any person or entity, including another school staff member, parent, or guardian.
• Upload or transmit any viruses, worms, Trojan horses, or other malicious code designed to interrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment.
• Use the Service or any data obtained through the Service to develop, market, or operate a product or service that competes with or is substantially similar to Koonection.
• Use the in-platform messaging or communication features to send unsolicited messages, or to harass, bully, intimidate, or threaten any user.

We reserve the right to suspend or terminate access to the Service for any user who violates these acceptable use provisions, with or without prior notice depending on the severity of the violation.

5. Intellectual Property and Data Ownership

5.1 Koonection's Intellectual Property

The Service, including all software, design, text, graphics, logos, icons, and the selection and arrangement thereof, is the exclusive property of Koonection (PTY) Ltd and is protected by South African and international intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

5.2 Your Data

You retain full ownership of all data that you or your institution's users enter into the Service ("Your Data"). By using the Service, you grant Koonection a limited, non-exclusive licence to process, store, and display Your Data solely for the purpose of providing and improving the Service. This licence terminates when your subscription ends and Your Data is deleted in accordance with our data retention policies.

You may export Your Data at any time during your active subscription using our built-in data export tools or by contacting our support team. We will assist with data export requests in a timely manner.

5.3 User Data Responsibility

You acknowledge that you are solely responsible for the accuracy, quality, integrity, legality, and reliability of all data that you or your institution's users enter into or transmit through the Service. While Koonection performs regular automated backups as described in our Privacy Policy, you are responsible for maintaining your own independent copies of important data using the data export tools provided.

Koonection shall not be liable for any loss, corruption, or destruction of Your Data except where such loss is directly caused by Koonection's gross negligence or wilful misconduct. You agree that Koonection has no liability for any loss or corruption of data, and you hereby waive any right of action against us arising from any such loss or corruption of data, except as stated above.

5.4 Feedback and Suggestions

If you provide Koonection with any feedback, comments, suggestions, ideas, or improvement proposals regarding the Service ("Feedback"), you assign all intellectual property rights in such Feedback to Koonection. Koonection shall be free to use, implement, modify, and incorporate such Feedback into the Service without restriction, compensation, or attribution. This clause does not affect your ownership of Your Data under Section 5.2.

6. Mobile Application Licence

6.1 Use Licence

If you access the Service via our mobile applications (the "Apps"), we grant you a revocable, non-exclusive, non-transferable, limited licence to install and use the Apps on mobile devices that you own or control, strictly in accordance with these Terms. You may not:

• Copy, modify, adapt, translate, or create derivative works based on the Apps.
• Except as permitted by applicable law, decompile, reverse engineer, disassemble, or attempt to derive the source code of the Apps.
• Remove, alter, or obscure any proprietary notice (including copyright or trademark notices) posted by Koonection or the licensors of the Apps.
• Use the Apps for any revenue-generating or commercial purpose other than your institution's educational administration.
• Make the Apps available over a network or other environment permitting access or use by multiple devices or users simultaneously, except as intended by the Apps' functionality.
• Use any proprietary information or interfaces of Koonection in the design, development, or distribution of any applications or devices for use with the Apps.

6.2 App Store Terms

The following additional terms apply when you obtain the Apps from Apple's App Store or Google Play (each an "App Distributor"):

• The licence granted to you for the Apps is limited to a non-transferable licence to use the application on a device that uses the Apple iOS or Android operating systems, as applicable, and in accordance with the App Distributor's terms of service.
• Koonection, not the App Distributor, is responsible for providing maintenance and support services for the Apps. Each App Distributor has no obligation to furnish any maintenance or support services for the Apps.
• In the event of any failure of the Apps to conform to any applicable warranty, you may notify the App Distributor, who may refund the purchase price (if any) in accordance with its terms and policies. To the maximum extent permitted by law, the App Distributor has no other warranty obligation with respect to the Apps.
• You acknowledge and agree that each App Distributor is a third-party beneficiary of this Mobile Application Licence section, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these terms against you.

6.3 Updates

Koonection may from time to time release updates to the Apps that may include bug fixes, new features, or security patches. You are encouraged to install updates promptly. We may require you to install certain updates to continue using the Apps, particularly where updates address security vulnerabilities. Where supported by your device settings, you consent to automatic updates of the Apps.

7. Account Security

You are responsible for maintaining the confidentiality and security of your account credentials and the accounts of users you add to the platform. This includes:

• Keeping your password secure and not sharing it with unauthorised individuals.
• Ensuring that only authorised personnel from your institution have access to administrative accounts.
• Managing user accounts responsibly, including creating accounts only for legitimate clerks, teachers, and parents/guardians associated with your institution.
• Promptly notifying Koonection at info@koonection.co.za if you become aware of any unauthorised use of your account or any other security breach.
• Logging out of your account at the end of each session, particularly on shared devices.

Koonection is not liable for any loss or damage arising from your failure to maintain the security of your account credentials or the credentials of users added by your institution.

Without limiting the foregoing, Koonection shall not be liable for any data breach, unauthorised access to personal information, or loss of data that is caused by or results from the school's failure to maintain secure credentials, the school's failure to comply with the security requirements set out in these Terms, or the actions of third parties who gain access through compromised school credentials. The school is solely responsible for all activities that occur under its account and the accounts of users it has added to the platform.

8. Data Processing, Security, and Privacy

8.1 Data Protection Roles

In accordance with the Protection of Personal Information Act (POPIA) and the General Data Protection Regulation (GDPR):

• The school is the Responsible Party (Data Controller) and determines the purpose and means of processing personal information of its students, parents/guardians, teachers, and clerks.
• Koonection acts solely as the Operator (Data Processor) and processes personal information only on behalf of and under the instruction of the subscribing school.

Koonection does not control or determine the personal information entered into the platform by the school and is not responsible for ensuring that the school has obtained lawful consent from data subjects. The school warrants that it complies with all applicable data protection laws, including POPIA, and has obtained all necessary consents before entering personal information into the system.

For full details on data protection roles, operator obligations, and security commitments, please refer to our Privacy Policy.

8.2 Data Storage Location and Infrastructure

We store your data securely in the European Union (EU-West region) using enterprise-grade cloud infrastructure. This ensures protection under both South African and European Union data protection laws, including POPIA and GDPR.

By using the Service, you acknowledge and expressly consent to the transfer, processing, and storage of personal data (including, where applicable, children's personal data for which appropriate parental or guardian consent has been obtained by the school) outside the Republic of South Africa to the European Union. Koonection ensures that appropriate safeguards are in place for all cross-border transfers in compliance with POPIA Section 72, including the EU's comprehensive data protection framework under the GDPR. For full details on international data transfers, please refer to our Privacy Policy.

8.3 Security Standards and Controls

Our security infrastructure implements multiple protection layers:

• Multi-factor authentication for administrative access.
• Advanced application security validation.
• Comprehensive access controls.
• Real-time security monitoring.
• Regular security assessments.
• Automated security updates.
• Encrypted backup systems.

For full details on how we collect, use, and protect personal information, please refer to our Privacy Policy.

9. Payment Processing and Security

We utilize authorized payment service providers to process transactions securely. Payment information receives protection through international security standards and secure payment channels. All transactions process in South African Rand (ZAR).

10. Service Availability

We strive to maintain the Service available and operational at all times. However, we do not guarantee uninterrupted or error-free access. The Service may be temporarily unavailable due to:

• Scheduled maintenance, which we will endeavour to notify you of in advance via email or in-platform announcements.
• Emergency maintenance required to address security vulnerabilities or critical system issues.
• Circumstances beyond our reasonable control, including but not limited to internet service disruptions, power outages, and third-party service provider issues.

We are not liable for any loss or inconvenience caused by temporary unavailability of the Service.

10.1 Corrections

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, promotional offers, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice and without liability. In the event of a pricing error, Koonection reserves the right to cancel or modify any subscriptions or orders made based on inaccurate information.

11. Limitation of Liability

To the maximum extent permitted by applicable law, including the Consumer Protection Act of South Africa:

• Koonection's total aggregate liability to you for any and all claims arising out of or related to the Service shall not exceed the total fees paid by you to Koonection during the twelve (12) months immediately preceding the event giving rise to the claim.
• Koonection shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business opportunities, or business interruption, regardless of the cause of action or the theory of liability.
• Koonection shall not be liable for any loss of data beyond the scope of our data backup and retention policies as described in our Privacy Policy and Cancellation Policy.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

12. Warranty Disclaimer

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Koonection expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose.
• Warranties of non-infringement.
• Any warranty that the Service will be uninterrupted, timely, secure, or error-free.
• Any warranty regarding the accuracy, reliability, or completeness of any information obtained through the Service.

You acknowledge that you use the Service at your own discretion and risk, and that you are solely responsible for any damage to your systems or loss of data resulting from such use.

13. Indemnification

You agree to indemnify, defend, and hold harmless Koonection (PTY) Ltd, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or regulation, including data protection laws.
• Any data breach or security incident caused by your negligence or failure to comply with the security requirements set out in these Terms.
• Any claim by a third party (including parents, guardians, or regulatory authorities) arising from your failure to obtain required consents or comply with your obligations as a data controller.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond the reasonable control of that party, including but not limited to: natural disasters, epidemics or pandemics, war or armed conflict, government actions or orders, power failures, internet or telecommunications failures, cyberattacks, fire, flood, or any other event that could not have been reasonably foreseen or prevented.

The affected party shall promptly notify the other party of the force majeure event and make reasonable efforts to minimise its impact.

15. Termination

You may terminate your subscription at any time through your account settings or by contacting us. Please refer to our Cancellation Policy for full details on how to cancel and the effects of cancellation.

We may terminate or suspend your access to the Service immediately, without prior notice, if you breach any provision of these Terms, particularly the Acceptable Use provisions.

Upon termination, your account will be deactivated, and data retained for a period as required by applicable laws and as described in our Cancellation Policy. After this period, all data will be permanently deleted.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service at least 30 days before the changes take effect. Continued use of the Service after changes constitutes acceptance of the revised Terms. If you do not agree with any changes, you may cancel your subscription before the changes take effect.

17. Governing Law and General Provisions

17.1 Governing Law

These Terms shall be governed by the laws of the Republic of South Africa. Any disputes arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

17.2 Dispute Resolution

Before commencing any legal proceedings, both parties agree to attempt to resolve any dispute arising out of or in connection with these Terms through good-faith negotiation for a period of at least 30 days from the date of written notice of the dispute.

If good-faith negotiations do not resolve the dispute within the 30-day period, either party may elect to submit the dispute to binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be conducted in Pretoria, South Africa, in English, before a single arbitrator. The arbitrator's award shall be final and binding on both parties and may be made an order of any court of competent jurisdiction.

Nothing in this clause prevents either party from seeking urgent interim or conservatory relief from a court of competent jurisdiction where necessary to protect its rights.

17.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

17.4 Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and Cancellation Policy, constitute the entire agreement between you and Koonection regarding the use of the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

17.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Koonection may assign its rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided that such assignment does not reduce the protections afforded to you under these Terms.

17.6 No Waiver

No failure or delay by Koonection in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies provided by law.

18. Electronic Communications and Transactions

In accordance with the Electronic Communications and Transactions Act (Act 25 of 2002) ("ECT Act"), you acknowledge and agree to the following:

• Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications from Koonection, including agreements, notices, invoices, disclosures, and other communications delivered via email or through the Service.
• You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
• You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service.
• Electronic records maintained by Koonection constitute valid originals for all purposes, and you waive any rights or requirements under any statute, regulation, or other law that requires an original signature or delivery or retention of non-electronic records, to the extent permitted by applicable law.

Your acceptance of these Terms electronically constitutes a valid and binding agreement under the ECT Act.

19. Contact Information

For questions about these Terms, contact us at: