Terms and conditions

1. Agreement

These terms are an agreement between you and Yeabla Digital (Pty) Ltd, registration number 2022/750549/07, of 8 Prospect Terrace, Huis-in-Bos, Constantia, Cape Town, 7806. By creating an account, paying a subscription, or accepting a proposal, you agree to them. If you are accepting for a company, you confirm you have authority to bind it.

A signed proposal, statement of work or order form overrides these terms where they differ. Our privacy policy and refund policy form part of this agreement.

2. What we provide

We do two kinds of work:

• Subscriptions. Access to software platforms we operate, billed monthly or annually in advance. Current products include MathSA, Yeablingo, TrackSheet, PilotHQ and TradeX. A product page states whether it is live, in pilot, or not yet open to the public.
• Project work. Design, build and support of custom software, integrations, websites and mobile apps, scoped in a written proposal.

We may improve, add or retire features. If we discontinue a paid product, we give subscribers at least 30 days' notice and refund any prepaid period after the end date.

3. Accounts

You are responsible for the people you invite into an account and for keeping login details private. Tell us promptly at info@yeabla.com if you believe an account has been accessed without permission. One person must be the billing contact. We send invoices, renewal notices and security messages to that address.

4. Subscriptions and billing

Fees are shown before you pay and are in South African rand unless the checkout says otherwise. VAT is added where the law requires it. A subscription renews automatically for the same period, at the price then in effect, until you cancel.

You can cancel at any time from the account page or by emailing info@yeabla.com. Cancellation stops the next renewal. You keep access until the end of the period you have already paid for. Refunds are handled under the refund policy.

Payments are collected by the payment provider named on the checkout page. You authorise us and that provider to charge the payment method on each renewal. If a payment fails we will retry and email you. If it is still unpaid after a reasonable retry period we may suspend access until it is paid. We do not charge interest on a failed subscription renewal.

We may change a subscription price. We will email the billing contact at least 30 days before a renewal at the new price. If you do not want it, cancel before the renewal date.

5. Project work

Unless the proposal says otherwise:

• a deposit is payable before work starts, and further amounts are tied to milestones
• the balance is due before launch or handover
• invoices are payable within 14 days
• work pauses if an invoice is overdue, and the timeline moves by the same number of days
• a change to the agreed scope is quoted and approved before we build it
• dates depend on you supplying content, access and feedback when we ask

On full payment you own the deliverables made specifically for you. We keep ownership of our pre-existing tools, libraries and frameworks, and you receive a licence to use them as part of what we delivered. We may show the work in our portfolio unless we agree otherwise in writing.

6. Acceptable use

You will not, and will not allow others to:

• share a login outside your organisation, or resell access without a written agreement
• break into, probe or overload the service, or attempt to get around usage limits
• upload anything unlawful, or anything you do not have rights to
• use the service to send spam or to store card data, passwords or other secrets in ordinary content fields

We may suspend an account that breaches this section. We will tell you why, unless the law or a security risk stops us, and we will restore it once the breach is fixed.

7. Your data

You keep ownership of the data you put into a platform. You give us permission to host, back up and process it only so we can provide the service. On written request during an active subscription, or within 30 days after it ends, we will export your data in a common format. After that we delete it in line with the privacy policy, apart from records we must keep.

You confirm that you have the right to give us that data, including personal information about your own customers, staff or learners, and that you have given them whatever notice the law requires.

8. Our intellectual property

A subscription is a licence to use the platform while the subscription is paid. It is not a sale of the software. You may not copy, resell or reverse engineer it, except where the law does not allow that restriction. Our name, logo and product names stay ours.

9. Confidentiality

Each of us will keep the other's non-public business and technical information confidential and use it only for this agreement. This does not apply to information that is already public, independently developed, or required to be disclosed by law.

10. Warranties

We provide each paid platform with reasonable care and skill and will correct defects we have caused. For project work we fix defects in our deliverables reported within 30 days of handover at no charge. After that, fixes are quoted or covered by a support agreement.

We do not promise uninterrupted service, particular uptime unless a support agreement says so, or any business result such as revenue, rankings or learner outcomes. Apart from what this section and the law require, the service is provided as it stands.

11. Liability

Nothing in these terms limits liability for fraud, or for death or personal injury caused by negligence, or any liability that South African law does not allow us to limit.

We are not liable for lost profits, lost data, or indirect or consequential loss. Our total liability arising out of a subscription is limited to the fees you paid us for that subscription in the three months before the claim. Our total liability arising out of a project is limited to the fees paid for that project.

12. Ending the agreement

You may cancel a subscription as described in section 4. Either of us may end a project or a subscription immediately if the other materially breaches these terms and does not fix it within 14 days of written notice. On ending a project, you pay for work done up to that date and we hand over what is complete once that invoice is paid. Deposits and refunds follow the refund policy.

13. Law

These terms are governed by the laws of the Republic of South Africa. Disputes are subject to the courts of South Africa, and you and we submit to the jurisdiction of the courts of Cape Town. Consumers keep any rights the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002 give them, including cooling-off rights described in the refund policy.

14. Contact

Yeabla Digital (Pty) Ltd, 8 Prospect Terrace, Huis-in-Bos, Constantia, Cape Town, 7806, South Africa. Email info@yeabla.com or phone +27 87 265 0747.