Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and skillSYMS (Pty) Ltd ("skillSYMS", "we", "us", or "our") governing your access to and use of the skillSYMS platform and services.

By accessing or using skillSYMS, you agree to be bound by these Terms. If you are using skillSYMS on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use skillSYMS.

Definitions

"Platform" means the skillSYMS web application, API, and related services
"Tenant" means an organization (training provider, employer) with a skillSYMS subscription
"User" means any individual accessing the Platform
"Learner" means an individual enrolled in a programme managed through skillSYMS
"Customer Data" means all data uploaded or entered into the Platform by Users
"Services" means the features and functionality provided by skillSYMS

Services Description

skillSYMS provides a cloud-based skills ecosystem management platform for South African training providers and employers. Services include:

Learner registration and management
Programme and enrolment tracking
Digital portfolio of evidence (PoE) management
Assessment and moderation recording
QCTO MIS data export generation
Statement of Results issuance
Audit trail and compliance reporting

We reserve the right to modify, suspend, or discontinue any part of the Services with reasonable notice.

Account Registration

To use skillSYMS, you must:

Provide accurate, complete registration information
Maintain the security of your account credentials
Promptly notify us of any unauthorized access
Be at least 18 years old or have organizational authorization

You are responsible for all activity under your account. We may suspend accounts that violate these Terms or pose security risks.

Subscription and Fees

skillSYMS is offered on a subscription basis. Current pricing is available at /pricing.

Billing: Subscriptions are billed monthly or annually in advance
Payment: Payment is due within 30 days of invoice
Currency: All fees are in South African Rand (ZAR) unless otherwise stated
VAT: Fees are exclusive of VAT, which will be added where applicable
Price Changes: We may change prices with 30 days' notice before your next billing cycle

Late payments may result in service suspension. Contact us if you need payment arrangements.

Acceptable Use

You agree NOT to:

Use the Platform for any unlawful purpose
Upload malicious code, viruses, or harmful content
Attempt to gain unauthorized access to our systems
Interfere with or disrupt the Platform's operation
Scrape, harvest, or collect data without authorization
Impersonate others or misrepresent your affiliation
Upload false or fraudulent learner information
Violate POPIA or other applicable laws
Share account credentials or API keys
Resell or sublicense access without our consent

We may investigate violations and take appropriate action, including account termination and reporting to authorities.

Data Ownership and Licensing

Your Data

You retain ownership of all Customer Data you upload to skillSYMS. We do not claim ownership of your data.

License Grant

You grant skillSYMS a limited, non-exclusive license to process Customer Data solely to provide the Services, including:

Storing and backing up data
Generating exports and reports
Providing technical support
Improving the Services (using anonymized, aggregated data only)

QCTO Submissions

You authorize us to generate QCTO/SETA data exports on your behalf. You remain responsible for the accuracy of submitted data and for actually submitting exports to the relevant authorities.

Intellectual Property

skillSYMS and its licensors own all intellectual property rights in the Platform, including software, designs, trademarks, and documentation. These Terms do not grant you any rights to our intellectual property except the limited license to use the Platform as provided.

You may not copy, modify, distribute, sell, or create derivative works based on the Platform without our written consent.

Warranties and Disclaimers

We warrant that the Platform will perform substantially as described in our documentation. We will use reasonable efforts to maintain availability and security.

EXCEPT AS EXPRESSLY STATED, THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

The Platform will be uninterrupted or error-free
All defects will be corrected
The Platform will meet all your requirements
Data exports will be accepted by QCTO/SETAs (acceptance depends on data accuracy)

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW:

Our total liability for any claim arising from these Terms shall not exceed the fees paid by you in the 12 months preceding the claim
We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
We shall not be liable for any failure or delay caused by circumstances beyond our reasonable control

These limitations apply regardless of the form of action, whether in contract, tort, strict liability, or otherwise.

Indemnification

You agree to indemnify and hold harmless skillSYMS and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

Your violation of these Terms
Your use of the Platform
Your Customer Data
Your violation of any third-party rights

Termination

By You

You may terminate your subscription at any time by providing 30 days' written notice. No refunds are provided for unused portions of prepaid subscriptions.

By Us

We may terminate or suspend your account:

Immediately for material breach of these Terms
With 30 days' notice for non-payment
With 90 days' notice for discontinuation of Services

Data Export on Termination

Upon termination, you may request a copy of your Customer Data for up to 30 days. We will provide data in a standard format (JSON, CSV) at no additional charge.

After 30 days, we may delete your data in accordance with our data retention policy and POPIA requirements.

Governing Law

These Terms are governed by the laws of the Republic of South Africa. You agree to submit to the exclusive jurisdiction of the courts of South Africa, specifically the High Court of South Africa, Gauteng Division, Pretoria.

Dispute Resolution

Before initiating legal proceedings, you agree to attempt resolution through:

Negotiation: Contact us to discuss the dispute informally
Mediation: If negotiation fails, either party may request mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA)

If mediation fails, either party may pursue legal remedies.

Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via email or Platform notification at least 30 days before taking effect.

Your continued use of skillSYMS after changes take effect constitutes acceptance of the modified Terms.

Contact Information

For questions about these Terms, contact us:

skillSYMS (Pty) Ltd
1 Amarand Avenue, Waterkloof Glen
Pretoria 0081, South Africa
legal@skillsyms.com
+27 12 881 7331