Website Terms

1About us and these terms

This website is operated by FundiSynced (Pty) Ltd ("the Company", "we", "us"), a private company registered in the Republic of South Africa. We trade as FundiSyncEd and FundiOS. In line with section 43 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), our details are:

These Website Terms ("Terms") govern your use of this website, the waitlist and the account portal (together, "the Site"). By using the Site you agree to them. If you do not agree, please do not use the Site.

If you use the Site for an organisation, you confirm that you have authority to bind it.

2Our platform and these terms

The Site describes and gives access to the FundiOS platform, including modules such as GradebookPro, AnalyticsPro, MeritTracker, TeacherStudio, ParentHub and LearningCanvas. Using the platform itself is governed by separate terms: our Terms of Service for individual users, or the Master Services Agreement for schools and other institutions. If those terms conflict with these Terms on a platform matter, they prevail. These Terms continue to cover your use of the Site.

3Who may use the Site

You must be at least 18 years old and have the legal capacity to contract. The Site is not directed at children, and a person under 18 may use the platform only through a school, a parent or guardian, or as described in our Privacy Policy. We may ask you to confirm your age or your authority.

4The waitlist

4.1 Joining the waitlist means you would like us to contact you about pilots and access. It does not create a contract, a licence, or any right to receive the platform, a trial, a price or a feature.

4.2 You must give accurate, current information and your own email address. We may remove entries that are false or abusive.

4.3 We may decide who is invited, and when, based on factors such as role, country, availability and pilot capacity. We do not promise a date.

4.4 We will use your details as described in our Privacy Policy. You can ask us to remove you at any time.

5Accounts and the portal

5.1 Registration. To use the portal you must register with accurate information. You are responsible for all activity under your account.

5.2 Security. Keep your password confidential and use a strong, unique one. Tell us promptly at admin@fundisynced.com if you think your account has been accessed without permission. We are not liable for loss caused by your failure to keep your credentials secure, except where the law does not allow us to exclude liability.

5.3 One registered device. To protect the platform, each individual account is tied to the first device it signs in from. If you sign in from a different device you will be refused until you clear the registered device in the portal. Sharing credentials among several people is not permitted and may lead to suspension.

5.4 Trials. If we offer a free trial, it runs for the period stated when you register. After it ends, the account moves to an inactive state until you subscribe, and we handle your data as described in the Privacy Policy.

6Subscriptions and payments

6.1 Prices. Prices and tiers are shown at checkout in the currency stated, and include VAT where applicable. We may change prices going forward by giving you at least 30 days' notice.

6.2 Payment. Payments are processed by PayFast or Stripe, depending on your location. We do not see or store your full card details. Subscriptions are billed in advance and renew automatically unless you cancel before the next billing date. For fixed-term subscriptions we will give you the renewal reminder the law requires.

6.3 Cancellation. You can cancel in the portal or by emailing us. Cancellation takes effect at the end of the paid period, and access continues until then.

6.4 Cooling-off and refunds. If you buy electronically as a consumer, you may cancel within 7 days under section 44 of ECTA, except for services or digital content already supplied with your consent before the period ends. Apart from rights the law gives you, we do not refund partial subscription periods.

6.5 Failed payments. If a payment fails we may suspend your account after 7 days' written notice, unless you pay.

7Acceptable use

You must not:

• use the Site unlawfully, or to infringe anyone's rights;
• attempt to gain unauthorised access to the Site, other accounts, or our systems, or probe or test their security without our written permission;
• interfere with or overload the Site, or bypass rate limits, usage limits or billing controls;
• upload or send malicious code, or illegal, harmful or deceptive content;
• scrape, copy or reverse-engineer the Site or the platform, including its offline-sync design or AI components, except as the law permits;
• submit another person's personal information, or a child's information, without a lawful basis and any consent required; or
• impersonate another person, or use the Site to send unsolicited commercial messages.

If you find a security vulnerability, please report it to admin@fundisynced.com and give us reasonable time to fix it before disclosing it.

8Intellectual property

8.1 Ours. The Site and everything on it, including text, design, logos, product names, graphics, code and pedagogical frameworks, belongs to us or our licensors and is protected by law. FundiOS, FundiSyncEd and the product names are our trademarks or trade names.

8.2 Your licence. We give you a limited, revocable, non-exclusive, non-transferable right to view and use the Site for its intended purposes. You may not copy, modify, sell or exploit it otherwise without our written consent.

8.3 Yours. You keep ownership of the content and data you submit. You give us a limited licence to host and process it solely to operate the Site and the services you request.

8.4 Feedback. If you give us ideas or feedback, you allow us to use them without payment or attribution, and without obligation to you.

8.5 Complaints. If you believe content on the Site infringes your rights, email admin@fundisynced.com with the details and we will look into it.

9Product information and pre-release features

The Site describes products at different stages. Items marked "Coming soon" or similar are in development, and we may change, delay or withdraw them. Screenshots, dashboards, statistics and examples on the Site are for illustration, may use sample data, and are not a guarantee of results. Any claim about outcomes, such as time saved or learner progress, depends on how the platform is used.

10AI-generated content

Some features use AI to draft lessons, reports and analytics. These outputs may be inaccurate or incomplete. They are an aid and not professional, psychological or academic advice. Educators remain responsible for reviewing and approving AI-generated material, and for approving any report before it is released to a parent or guardian. Please do not enter sensitive information about a child into open AI prompts. See our Privacy Policy for how AI content is handled.

11Third-party links and services

The Site may link to or rely on third-party sites and services, such as payment providers and font delivery. We do not control them and are not responsible for their content, availability or practices. Your use of them is subject to their own terms and privacy policies.

12Privacy

Our Privacy Policy explains how we handle personal information, and forms part of these Terms.

13Disclaimers

To the extent the law allows, the Site is provided "as is" and "as available". We do not warrant that it will be uninterrupted, secure or error-free, or that information on it is complete or current. We may suspend or change the Site for maintenance or for other reasons.

Your consumer rights. Nothing in these Terms excludes or limits any right or remedy you have under the Consumer Protection Act 68 of 2008 or any other law that cannot lawfully be excluded, including the right to goods and services of good quality, and the right not to be subject to unfair or unreasonable terms.

14Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, data or use, arising from your use of the Site. Where we are liable to you despite this, our total liability for a claim arising from your use of the Site is limited to the amount you paid us for the relevant service in the 12 months before the claim arose (or R1,000 if you paid nothing).

Nothing in these Terms limits or excludes liability for gross negligence, wilful misconduct or fraud, for death or personal injury caused by our negligence, or for any liability that cannot lawfully be limited under the Consumer Protection Act or other law. Where you are an institution, the liability terms of your Master Services Agreement apply instead.

15Suspension and termination

You may stop using the Site at any time. We may suspend or terminate your access, on notice where reasonable, if you breach these Terms or the law, if you do not pay, or to protect the security or other users of the Site. We may suspend or terminate immediately and without notice for serious breaches, illegal activity or an urgent security risk. On termination your right to use the Site ends. Clauses that by their nature should survive (including clauses 8, 13, 14 and 17) will continue to apply. Where we can lawfully do so, we will give you a reasonable opportunity to export your own content.

16Changes to the Site and these terms

We may change the Site at any time. We may update these Terms to reflect changes in law, the Site or our services. We will give registered users at least 30 days' notice of material changes by email or on the Site, and post a new version here with its date. If you do not accept a material change, you can cancel before it takes effect and receive a pro-rata refund of any prepaid, unused fees. Continuing to use the Site after the change takes effect means you accept it.

17Governing law and disputes

17.1 These Terms are governed by the laws of the Republic of South Africa.

17.2 If a dispute arises, please contact us first. We will try to resolve it in good faith through senior-management discussion. If it is not resolved within 30 days, either party may bring it before the competent courts of South Africa, unless a Master Services Agreement provides otherwise.

17.3 Nothing in this clause removes your right as a consumer to approach the National Consumer Commission, the Consumer Tribunal, or an ombud, or any mandatory right under the law of your country, including UAE consumer and data-protection law for UAE users.

18General

• Severability. If a provision is invalid or unenforceable, it is limited or removed to the minimum extent needed, and the rest continues.
• Entire agreement. These Terms and our Privacy Policy are the whole agreement about the Site, and replace earlier terms for it, including the previous interim terms. Platform use is covered by clause 2.
• No waiver. A delay in enforcing a right is not a waiver of it.
• Assignment. You may not transfer your rights under these Terms without our written consent. We may transfer ours in connection with a merger, acquisition or sale of the business.
• Force majeure. Neither of us is liable for delay or failure caused by events beyond reasonable control, including grid or telecommunications failures, load-shedding affecting a party's own premises or devices, or acts of government. This does not excuse us from maintaining reasonable backup and continuity measures for our hosted service.
• Electronic communications. You agree that we may communicate with you electronically, and that electronic notices satisfy any legal requirement that they be in writing, as ECTA allows.
• Notices. Send notices to us at admin@fundisynced.com. We will send notices to the email address on your account or waitlist entry.

19Contact

General and legal notices: admin@fundisynced.com. Privacy queries: our Information Officer at the same address. General enquiries: info@fundisynced.com.