Terms and conditions

Terms and Conditions

Welcome to MindSprout, a digital education platform operated by Phauwe Digital (Registration Number: 2024/102605/07), a company registered in South Africa. These Terms and Conditions (“Terms”) govern your access to and use of the MindSprout mobile applications (iOS and Android) and related services (collectively, the “Service”).

BY CREATING AN ACCOUNT, DOWNLOADING, ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

Last Updated: November 7, 2025

1. Acceptance of Terms

By accessing or using MindSprout, you acknowledge that:

  • You have read, understood, and agree to be bound by these Terms
  • You have read and agree to our Privacy Notice
  • You are at least 18 years of age, or if under 18, you have obtained verifiable parental or guardian consent
  • You will comply with all applicable laws and regulations when using the Service
  • You accept full responsibility for your use of the Service

If you are a parent or guardian consenting on behalf of a minor, you agree to be bound by these Terms and are responsible for the minor’s use of the Service.

2. Description of Service

MindSprout provides digital access to South African educational curriculum content based on the Curriculum and Assessment Policy Statement (CAPS) for learners in Grades R-12. The Service includes:

  • Access to curriculum content and teaching plans
  • Weekly teaching plan notifications
  • Progress tracking features
  • Subscription-based premium content
  • Educational resources aligned with South African Department of Education guidelines

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice or liability.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

3.2 Parental Consent for Minors

If you are under 18 years of age, you must obtain verifiable consent from your parent or legal guardian before creating an account. By creating an account for a minor, parents/guardians confirm they have read and agree to these Terms and accept full responsibility for the minor’s use of the Service.

3.3 Third-Party Authentication

You may register or sign in using third-party services (Google, Apple). By doing so, you authorize us to access certain information from these services as permitted by their terms and your privacy settings. You are responsible for maintaining the security of your third-party accounts.

4. Subscriptions and Payments

4.1 Subscription Plans

MindSprout offers various subscription plans providing access to premium content and features. Subscription details, including pricing and features, are displayed in the app and may change at our discretion with notice to existing subscribers.

4.2 Payment Processing

All payments are processed through Google Play Store (Android) or Apple App Store (iOS). By subscribing, you agree to their respective terms and conditions. We do not store your payment information.

4.3 Billing and Renewal

  • Subscriptions automatically renew unless cancelled before the renewal date
  • You will be charged the then-current subscription rate upon renewal
  • You are responsible for all charges incurred under your account
  • Subscription fees are non-refundable except as required by law or as specified in our refund policy

4.4 Cancellation

You may cancel your subscription at any time through your Google Play or Apple App Store account settings. Cancellation will take effect at the end of the current billing period. You will retain access to premium features until the subscription expires.

4.5 Free Trials

We may offer free trial periods for new subscribers. Trial terms will be specified at the time of signup. If you do not cancel before the trial ends, you will not be automatically charged for a subscription. We reserve the right to limit trial availability and prevent abuse through device fingerprinting and other fraud prevention measures.

5. User Conduct and Prohibited Activities

You agree NOT to:

  • Use the Service for any unlawful purpose or in violation of these Terms
  • Attempt to gain unauthorized access to any portion of the Service
  • Interfere with or disrupt the Service or servers/networks connected to the Service
  • Use any automated system (bots, scrapers, etc.) to access the Service
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Remove, alter, or obscure any copyright, trademark, or proprietary notices
  • Share your account credentials with others
  • Abuse free trial offers or engage in subscription fraud
  • Upload or transmit viruses, malware, or malicious code
  • Impersonate any person or entity
  • Collect or harvest user information without consent
  • Use the Service to harm minors in any way
  • Violate any applicable laws or regulations

Violation of these restrictions may result in immediate termination of your account and legal action.

6. Intellectual Property Rights

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, “Content”), are the exclusive property of Phauwe Digital or its content suppliers and are protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Government Content

The curriculum content and teaching plans are derived from official South African Department of Education CAPS documents and Annual Teaching Plans (ATPs), which are public domain materials. Our value lies in the digital presentation, organization, accessibility, and additional features we provide.

6.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial educational purposes only. This license does not include:

  • Any resale or commercial use of the Service or Content
  • Collection or use of Content for any commercial purpose
  • Downloading or copying of Content (except as may be incidental to normal use)
  • Any use of data mining, robots, or similar data gathering tools
  • Distribution, public performance, or public display of any Content

6.4 Trademarks

“MindSprout,” “Phauwe Digital,” and related logos are trademarks of Phauwe Digital. You may not use our trademarks without our prior written consent.

7. DISCLAIMER OF WARRANTIES

⚠️ IMPORTANT: PLEASE READ THIS SECTION CAREFULLY

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • TITLE
  • QUIET ENJOYMENT
  • ACCURACY OF CONTENT
  • QUALITY
  • COMPLETENESS

WE DO NOT WARRANT THAT:

  • The Service will meet your requirements or expectations
  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from using the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • The Content is accurate, complete, or up-to-date
  • The Service will be compatible with all devices or operating systems

EDUCATIONAL CONTENT DISCLAIMER: While we strive to provide accurate curriculum content aligned with South African Department of Education standards, we make no representations or warranties about the completeness, accuracy, reliability, or suitability of the Content for any educational purpose. The Content should be used as a supplementary educational tool and does not replace formal education or professional teaching.

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND DISCRETION.

8. LIMITATION OF LIABILITY

⚠️ IMPORTANT: PLEASE READ THIS SECTION CAREFULLY

TO THE MAXIMUM EXTENT PERMITTED BY SOUTH AFRICAN LAW, PHAUWE DIGITAL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • ANY LOSS OF PROFITS, REVENUE, DATA, OR USE
  • ANY LOSS OF BUSINESS OR EDUCATIONAL OPPORTUNITIES
  • ANY DAMAGE TO REPUTATION OR GOODWILL
  • ANY PERSONAL INJURY OR PROPERTY DAMAGE
  • ANY EDUCATIONAL OUTCOMES OR ACADEMIC PERFORMANCE
  • ANY FAILURE TO MEET EDUCATIONAL STANDARDS OR CURRICULUM REQUIREMENTS
  • ANY RELIANCE ON CONTENT PROVIDED THROUGH THE SERVICE
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR PERSONAL INFORMATION
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE
  • ANY BUGS, VIRUSES, OR MALWARE TRANSMITTED THROUGH THE SERVICE
  • ANY ERRORS OR OMISSIONS IN ANY CONTENT
  • ANY LOSS OR DAMAGE ARISING FROM THIRD-PARTY SERVICES (Google, Apple, Firebase)

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR R1,000.00 ZAR, WHICHEVER IS LESS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. USE AT YOUR OWN RISK

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  • Your use of the Service is entirely at your own risk
  • You are solely responsible for any damage to your device, loss of data, or any other harm resulting from your use of the Service
  • You are responsible for verifying the accuracy and appropriateness of any educational content for your specific needs
  • We are not responsible for any educational decisions made based on Content available through the Service
  • The Service is a supplementary educational tool and does not replace professional educational services, tutoring, or formal schooling
  • You should always verify curriculum content with official Department of Education sources
  • We are not liable for any consequences arising from your reliance on the Service
  • Any educational outcomes, academic performance, or exam results are your sole responsibility

BY USING THE SERVICE, YOU RELEASE PHAUWE DIGITAL FROM ALL LIABILITY RELATING TO YOUR USE OF THE SERVICE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Phauwe Digital, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use or misuse of the Service
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws or regulations
  • Any content you submit, post, or transmit through the Service
  • Any unauthorized use of your account
  • Any claim that your use of the Service caused injury or harm to a third party
  • Any educational decisions or outcomes based on your use of the Service

11. Third-Party Services and Links

The Service integrates with and may contain links to third-party services, includin

  • Google Services (Firebase Cloud Messaging, OAuth, Google Play Store)
  • Apple Services (Sign In with Apple, Apple App Store)
  • Other third-party educational resources or websites

WE ARE NOT RESPONSIBLE FOR:

  • The content, accuracy, or availability of third-party services
  • The privacy practices of third-party services
  • Any damages or losses arising from your use of third-party services
  • Any transactions between you and third parties

Your use of third-party services is governed by their respective terms and conditions and privacy policies. We encourage you to review them carefully.

12. Data Privacy and Security

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Notice, which is incorporated into these Terms by reference. By using the Service, you consent to our data practices as described in the Privacy Notice.

While we implement reasonable security measures, we cannot guarantee absolute security of your data transmitted through the Service. You transmit data at your own risk.

For information about data collection, use, retention, and your rights under POPIA (Protection of Personal Information Act), please review our Privacy Notice.

13. Account Termination

13.1 Termination by You

You may terminate your account at any time by:

  • Using the account deletion feature in the app (Profile → Delete My Account)
  • Contacting us at info@phauwedigital.co.za

Upon termination, your personal data will be deleted within 2 business days, subject to legal retention requirements for transaction records.

13.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without notice or liability, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Abuse of free trials or subscription fraud
  • Non-payment of subscription fees
  • Inactivity for extended periods
  • At our sole discretion for any other reaso

Termination does not entitle you to any refund of subscription fees.

13.3 Effect of Termination

Upon termination:

  • Your right to use the Service immediately ceases
  • You will lose access to all premium content and features
  • We may delete your data in accordance with our Privacy Notice and data retention policies
  • Provisions of these Terms that by their nature should survive termination shall survive, including warranties disclaimers, limitations of liability, and dispute resolution provisions

14. Modifications to the Service and Terms

14.1 Service Modifications

We reserve the right at any time to:

  • Modify, suspend, or discontinue the Service (or any part thereof)
  • Change subscription pricing
  • Add or remove features
  • Update curriculum content
  • Impose limits on certain features or restrict access to parts of the Service

We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

14.2 Terms Modifications

We may revise these Terms at any time by updating this page. When we make material changes:

  • We will update the “Last Updated” date at the top of these Terms
  • We will notify you through the app, by email, or by other reasonable means
  • Your continued use of the Service after changes constitutes acceptance of the revised Terms

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

15.2 Jurisdiction

You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts of South Africa, and you consent to the personal jurisdiction and venue of such courts.

15.3 Informal Resolution

Before filing a legal claim, you agree to contact us at info@phauwedigital.co.za to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiation within 30 days.

15.4 Limitation on Time to File Claims

Any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Notice, constitute the entire agreement between you and Phauwe Digital regarding the Service and supersede all prior agreements and understandings, whether written or oral.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by our authorized representative.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

16.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Nothing in these Terms shall be deemed to confer any rights or benefits upon any person or entity not a party to these Terms.

16.6 Force Majeure

We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.7 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

16.8 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of any conflict between the English version and any translation, the English version shall prevail.

17. Notice Requirements

All notices to you will be delivered via:

  • Email to the address associated with your account
  • In-app notifications
  • Updates posted to the Service

You agree that electronic communications satisfy any legal requirement that such communications be in writing.

All notices to us must be sent to:

Phauwe Digital
Email: info@phauwedigital.co.za
Subject Line: “Legal Notice – Terms and Conditions”

18. Compliance with Laws

You agree to comply with all applicable South African laws and regulations, including but not limited to:

  • Protection of Personal Information Act (POPIA)
  • Electronic Communications and Transactions Act (ECTA)
  • Consumer Protection Act (CPA)
  • Copyright Act
  • Children’s Act (regarding protection of minors)

You are responsible for ensuring your use of the Service complies with all laws applicable in your jurisdiction.

19. Contact Information

If you have any questions, concerns, or complaints about these Terms or the Service, please contact us:

Phauwe Digital
Registration Number: 2024/102605/07
Email: info@phauwedigital.co.za
Location: South Africa
Website: https://mindsprout.phauwedigital.co.za

For legal inquiries, please use the subject line “Legal Inquiry – Terms and Conditions” to ensure prompt handling.

20. Acknowledgment and Acceptance

BY CLICKING “I ACCEPT,” “I AGREE,” BY CREATING AN ACCOUNT, OR BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT:

✓ You have read and understood these Terms in their entirety
✓ You agree to be legally bound by these Terms
✓ You understand that the Service is provided “as is” without warranties
✓ You accept that you use the Service entirely at your own risk
✓ You acknowledge that Phauwe Digital has no liability for your use of the Service
✓ You understand that subscription fees are non-refundable except as required by law
✓ If you are under 18, you have obtained parental or guardian consent
✓ You have reviewed and agree to our Privacy Notice
✓ You understand that these Terms may change and that continued use constitutes acceptance

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

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