Introduction

Welcome to ClassBuddy (the "App"). This App is designed to facilitate communication and information sharing between schools, teachers, parents, and students. By using our App, you agree to these Terms and Conditions. If you disagree with any part of these terms, you may not use our App.

These Terms are intended to apply globally. Where local consumer protection or data protection laws grant you rights that cannot be excluded or limited by contract, those rights are not affected by these Terms.

Definitions

"We", "Us", or "Our" refers to ClassBuddy, the provider of the App.
"You" refers to the user of the App, whether as a school administrator, teacher, parent, or student.
"Service" refers to the App provided by ClassBuddy.
"School" refers to the educational institution that has subscribed to use the App.
"Student Data" refers to any personal information relating to a student entered into or processed by the App.

Use of the App

Eligibility

You must be a school administrator, teacher, parent of a student, or a student aged 13 or older in a participating school to use this App. Use of the App by or on behalf of children is subject to the parental consent requirements described below and in our Privacy Policy.

User Accounts

School administrators can set up information about teachers, students, student contacts, and class and schedule information.

Teachers can view information about the classes and schedules they are assigned to.

Parents can view their children's information, class details, and schedules.

Students aged 13 and older can access their own information, class details, and schedules.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

Age Restrictions

Users under the age of 13 may not create their own accounts. Their information is managed by schools and parents or guardians.

Users aged 13 to 17 may create and use accounts subject to parental or guardian consent and their school's policies.

Users aged 18 and older may create and use accounts without additional consent.

Parental and School Consent for Children

Schools are responsible for obtaining and documenting appropriate parental or guardian consent before adding student data to the App, in accordance with the laws applicable in their jurisdiction (including COPPA in the US, GDPR Article 8 in the EU, UK GDPR in the UK, India's DPDPA for users under 18, and equivalent local laws). ClassBuddy relies on schools as the responsible party for this consent. If a school becomes aware that student data has been added without proper consent, it must notify ClassBuddy immediately and remove the relevant data.

Privacy and Data Protection

We take the privacy of our users seriously, with particular attention to student data. Our Privacy Policy, which is incorporated into these Terms and Conditions, explains how we collect, use, and protect personal information. By using the App, you agree to the terms of our Privacy Policy. Schools act as data controllers in respect of student data they enter into the App, and ClassBuddy acts as a data processor on their behalf.

Acceptable Use Policy

You agree not to use the App:

In any way that violates any applicable national or international law or regulation.

To transmit any advertising or promotional material, including spam, junk mail, or chain letters.

To impersonate ClassBuddy, a ClassBuddy employee, another user, or any other person or entity.

In any way that could disable, overburden, damage, or impair the App or interfere with any other party's use of it.

To attempt to gain unauthorised access to any part of the App or its related systems.

To collect or harvest personal data about other users without their consent.

User-Generated Content

Users may have the ability to post, submit, or transmit content through the App ("User Content").

You retain any intellectual property rights you hold in your User Content.

By posting User Content, you grant us a limited, non-exclusive licence to use, reproduce, and display that content solely to operate and improve the App. This licence ends when you delete the content or close your account.

You agree not to post User Content that is defamatory, obscene, abusive, or otherwise unlawful.

Intellectual Property

The App and its original content, features, and functionality are owned by ClassBuddy and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the App without our prior written consent.

Termination

We may suspend or terminate your account immediately and without prior notice if you breach these Terms or engage in conduct we reasonably consider harmful to other users, third parties, or ClassBuddy.

For terminations not related to a breach, we will endeavour to provide reasonable notice where required by applicable law.

Upon termination, your right to use the App ceases immediately. Provisions of these Terms that by their nature should survive termination will do so, including intellectual property, limitation of liability, and governing law.

Limitation of Liability

To the fullest extent permitted by applicable law, ClassBuddy and its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or other intangible losses, arising from your use of or inability to use the App.

Our total liability to you for any claim arising out of or relating to these Terms or the App shall not exceed the amount you paid to ClassBuddy in the 12 months preceding the claim.

Consumer Rights

Nothing in these Terms limits or excludes any rights you have under mandatory consumer protection laws in your jurisdiction that cannot be waived by contract. This includes, without limitation:

European Union and United Kingdom: Your statutory rights under the EU Consumer Rights Directive, UK Consumer Rights Act 2015, and applicable local consumer protection legislation are not affected by these Terms.

Australia: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law. Our liability for a failure to comply with a consumer guarantee is limited to re-supplying the services or paying the cost of having the services re-supplied.

Other jurisdictions: Where local law provides mandatory consumer protections, those protections apply regardless of any contrary provision in these Terms.

Refund and Cancellation Policy

Cancellation: You may cancel your subscription at any time through your account settings or by contacting us at info@classbuddy.io. Cancellation takes effect at the end of your current billing period.

EU and UK users — 14-day cooling-off right: If you are a consumer based in the European Union or the United Kingdom, you have the right to cancel your subscription within 14 days of purchase without giving any reason. To exercise this right, please notify us at info@classbuddy.io within 14 days. If you have already begun using the service within the cooling-off period, a proportionate charge for use to date may apply.

Other refunds: Refunds outside the EU/UK cooling-off period are assessed on a case-by-case basis. We will not unreasonably refuse a refund where the App has failed to perform as described.

Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. This choice of law does not deprive you of any mandatory consumer protection rights available under the laws of your own jurisdiction.

Jurisdiction

Subject to the Dispute Resolution section below, any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa. If you are a consumer resident in the EU or UK, you may also bring proceedings in the courts of your country of residence.

Dispute Resolution

General: We encourage you to contact us first at info@classbuddy.io to resolve any dispute informally before initiating formal proceedings.

EU users: If you are an EU consumer and we cannot resolve a dispute directly, you may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

UK users: UK consumers may refer disputes to an approved Alternative Dispute Resolution (ADR) provider if we are unable to resolve your complaint within 8 weeks.

US users: Any dispute, claim, or controversy arising out of or relating to these Terms that cannot be resolved informally shall be resolved by binding arbitration administered under applicable arbitration rules, on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration. Nothing in this clause prevents you from bringing an individual claim in small claims court.

Changes

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' notice by posting the updated Terms on this page and notifying you via email or in-app notification. Your continued use of the App after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the App before the effective date.

Contact Us

If you have questions or comments about these Terms and Conditions, please contact us at:

ClassBuddy
Asla Park
21 Conradie Crescent, Strand
7140
South Africa
Email: info@classbuddy.io

By using this App, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.