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Terms and Conditions

1. Acceptance of Terms

By accessing and using MyEncore SchoolsApp ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. MyEncore CC ("Company", "we", "us", "our") is a South African company providing school management software solutions.

2. Related Documents and Policies

Incorporation by Reference: By accepting these Terms & Conditions, you also acknowledge that you have read, understood, and agree to be bound by the following documents, which are incorporated herein by reference and form an integral part of this agreement:

• Privacy Policy - governing the collection, use, and protection of your personal information
• POPIA Policy - ensuring compliance with South Africa's Protection of Personal Information Act
• Acceptable Use Policy - defining permitted and prohibited uses of the Service
• Copyright Notice - protecting our intellectual property rights and usage terms

These documents may be updated from time to time, and your continued use of the Service constitutes acceptance of any such updates. If there is any conflict between these Terms and the incorporated documents, these Terms shall take precedence.

3. Intellectual Property Rights

3.1 Ownership

The MyEncore SchoolsApp, including but not limited to:

• Software code, algorithms, and architecture
• MyEncore trademark, logo, and brand elements
• User interface designs and layouts
• Documentation and training materials
• All content, features, and functionality

are owned exclusively by MyEncore CC and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3.2 Prohibited Actions

You are strictly prohibited from:

• Copying, modifying, distributing, selling, or leasing any part of our Service
• Reverse engineering, decompiling, or attempting to extract the source code
• Creating derivative works based on the Service
• Using the MyEncore name, logo, or brand elements without written permission
• Claiming ownership of any MyEncore intellectual property
• Sublicensing, reselling, or redistributing access to the Service

4. License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use MyEncore SchoolsApp solely for your school's internal educational administration purposes.

5. User Accounts and Data

5.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

5.2 Data Ownership

You retain ownership of your school's data uploaded to the Service. We process this data in accordance with our Privacy Policy and POPIA compliance requirements.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Transmit harmful, threatening, or inappropriate content
• Attempt to gain unauthorized access to our systems
• Interfere with the Service's operation or other users' access

7. Service Availability and Performance

7.1 Service Levels

While we strive to maintain high availability, we do not guarantee uninterrupted service. Scheduled maintenance and updates may cause temporary service interruptions.

7.2 Technical Support

Technical support is provided during business hours (Monday-Friday, 8:00 AM - 5:00 PM SAST) via email and phone.

8. Payment Terms

8.1 Subscription Fees

Service fees are charged per learner as specified in your subscription plan. Additional charges apply for SMS services and extra storage.

8.2 Payment Schedule

Payments are due monthly or annually as per your chosen billing cycle. Late payments may result in service suspension.

9. Limitation of Liability

To the maximum extent permitted by South African law:

• Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim
• We are not liable for indirect, incidental, special, or consequential damages
• We do not warrant that the Service will be error-free or meet all your requirements

10. Indemnification

You agree to indemnify and hold MyEncore harmless from any claims, losses, damages, liabilities, and expenses arising from your use of the Service or violation of these Terms.

11. Termination

10.1 Termination by You

You may terminate your account at any time with 30 days written notice. You remain liable for all charges incurred prior to termination.

10.2 Termination by Us

We may suspend or terminate your access immediately for breach of these Terms or non-payment of fees.

11. Data Export and Portability

Upon termination, you may request export of your data in standard formats within 30 days. After this period, data may be permanently deleted.

12. Governing Law

These Terms are governed by the laws of South Africa. Any disputes will be resolved in the competent courts of South Africa.

13. Changes to Terms

We may update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the updated Terms.

14. Contact Information

For questions about these Terms, contact us at:

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

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.