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Software as a Service (SaaS) License Agreement

1. Grant of License

1.1 SaaS Subscription License

Subject to the terms of this Agreement and payment of applicable fees, MyEncore CC ("MyEncore") grants you a limited, non-exclusive, non-transferable, revocable license to access and use the MyEncore SchoolsApp service ("Service") solely for your school's internal educational administration purposes.

1.2 Cloud-Based Service

The Service is provided as a cloud-based Software as a Service platform. You acknowledge that:

• The software runs on MyEncore's servers and infrastructure
• You access the Service through web browsers and mobile applications
• No software is installed on your premises or devices
• All processing and data storage occurs on MyEncore's systems

2. Subscription Terms

2.1 Subscription Plans

Access to the Service is provided through subscription plans with the following billing options:

• Monthly Billing: R6 per learner per month
• Annual Billing: R50 per learner per year (R4.17 per month)
• Additional Services: SMS and extra storage billed separately as used

2.2 Subscription Scope

Your subscription includes access to:

• Web-based administration portal
• Mobile applications for iOS and Android
• Data storage and processing services
• Regular feature updates and improvements
• Technical support during business hours

3. Intellectual Property Ownership

3.1 MyEncore Property

MyEncore retains exclusive ownership of all intellectual property rights in and to:

• Software Code: All source code, object code, algorithms, and programming logic
• System Architecture: Database structures, system design, and technical architecture
• User Interface: All designs, layouts, graphics, and user experience elements
• Proprietary Methods: Business logic, processes, and methodologies
• Trademarks: MyEncore name, logo, and all related branding
• Documentation: All manuals, guides, and training materials

3.2 Your Data

You retain ownership of your school's data that you upload to or create within the Service, including:

• Student and staff records
• Academic and administrative data
• Communications and documents
• Reports and custom content

4. Prohibited Uses and Restrictions

4.1 Strict Prohibitions

You are strictly prohibited from:

• Reverse Engineering: Attempting to reverse engineer, decompile, or disassemble any part of the Service
• Code Extraction: Attempting to access, extract, or copy source code or proprietary algorithms
• Creating Derivatives: Developing competing products based on MyEncore technology or methods
• Reselling Access: Sublicensing, reselling, or providing access to unauthorized parties
• System Interference: Interfering with the Service's operation or attempting unauthorized access
• Data Scraping: Using automated tools to extract data beyond your subscription rights

4.2 Technology Protection

The Service includes technological measures to prevent unauthorized use. You agree not to circumvent or attempt to bypass these protections.

5. Service Availability and Performance

5.1 Service Level Commitment

MyEncore strives to maintain high service availability but makes no guarantee of uninterrupted service. We target:

• 99.5% uptime on an annual basis
• Scheduled maintenance windows with advance notice
• Prompt resolution of service issues

5.2 Service Updates

MyEncore may update the Service at any time to:

• Add new features and improvements
• Fix bugs and security issues
• Maintain compatibility and performance
• Comply with legal and regulatory requirements

6. Data Security and Backup

6.1 Security Measures

MyEncore implements industry-standard security measures including:

• Encryption of data in transit and at rest
• Regular security audits and penetration testing
• Access controls and user authentication
• Monitoring and intrusion detection systems

6.2 Data Backup

MyEncore performs regular automated backups of your data. However, you are responsible for:

• Maintaining current backups of critical data
• Testing data recovery procedures
• Exporting data regularly for your own records

7. Payment and Billing

7.1 Subscription Fees

Subscription fees are calculated based on the number of active learners and are billed in advance according to your chosen billing cycle.

7.2 Usage-Based Charges

Additional charges apply for:

• SMS messages sent through the platform
• Storage usage beyond included limits
• Premium support services

8. Termination and Data Export

8.1 Termination Rights

Either party may terminate this Agreement with 30 days written notice. MyEncore may terminate immediately for breach of terms or non-payment.

8.2 Data Export and Portability

Upon termination, you have 30 days to export your data from the Service. MyEncore will provide standard export formats and reasonable assistance with data migration.

8.3 Data Deletion

After the 30-day export period, MyEncore may permanently delete your data from its systems in accordance with our data retention policies.

9. Limitation of Liability

To the maximum extent permitted by South African law:

• Total liability is limited to fees paid in the 12 months preceding the claim
• No liability for indirect, incidental, or consequential damages
• No warranty that the Service will meet all specific requirements
• Users are responsible for their own data backup and recovery

10. Support and Training

10.1 Technical Support

MyEncore provides technical support including:

• Email and phone support during business hours
• Online documentation and knowledge base
• Video training materials and webinars
• Implementation assistance for new subscribers

11. Compliance and Legal Requirements

11.1 Educational Compliance

The Service is designed to comply with South African educational regulations and privacy laws including POPIA.

11.2 User Responsibilities

Users are responsible for:

• Ensuring compliance with local educational regulations
• Obtaining necessary consents for data processing
• Using the Service in accordance with school policies
• Reporting any suspected security incidents

12. Governing Law and Disputes

This Agreement is governed by South African law. Any disputes will be resolved through arbitration or in South African courts.

13. Contact Information

For license-related questions or support:

MyEncore CC
Email: privacy@myencore.co.za
Support: support@myencore.co.za
Phone: 061 542 8842
Address: 524 Retriever Street, Garsfontein
Website: https://myencore.co.za