Terms and Conditions

1. Acceptance of Terms

By accessing or using My Space (the “Platform”), you agree to be bound by these Terms and Conditions (“Terms”). If you are using the Platform on behalf of an institution, you represent that you have the authority to bind that institution to these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. Description of Service

My Space is a multi-tenant learning management system (LMS) built for TVET colleges and other education/training providers, supporting course delivery, assessment, moderation, portfolio of evidence (POE) management, and SETA/QCTO-related reporting. Each institution that subscribes to the Platform (a “Customer”) operates within its own isolated tenant; the specific features available depend on the Customer’s subscription plan.

3. Accounts and User Responsibilities

• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• You must provide accurate, current information when creating or updating your account.
• You must notify your institution’s administrator immediately of any unauthorized use of your account or any other security breach.
• Accounts are personal to the individual they were issued to and may not be shared or transferred.
• Institutions are responsible for the conduct of their own staff and learners on the Platform, and for promptly deactivating accounts of individuals who leave the institution.

4. Subscriptions, Trials, and Billing

Access to the Platform is provided on a subscription basis. New Customers may be offered a free trial period, after which continued access requires an active paid subscription.

• Subscription fees, billing cycles, and plan limits (e.g. number of learners, storage) are as set out in the applicable order form or plan description.
• Fees are due in advance and are non-refundable except as required by law or expressly stated otherwise.
• If a trial expires or a subscription lapses without renewal, access to the Platform may be suspended or restricted until payment is brought current. Customer data will not be deleted immediately on suspension; a reasonable grace period will apply before any data deletion, as further described in Section 9.
• We may change subscription pricing on renewal with reasonable advance notice.

5. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable regulation, including education/training regulatory requirements;
• Upload content that is defamatory, fraudulent, infringing, or that you do not have the right to share;
• Attempt to gain unauthorized access to another institution’s data, another user’s account, or any part of the Platform not intended for your use;
• Interfere with or disrupt the integrity or performance of the Platform (including attempting to bypass rate limits, security controls, or tenant isolation);
• Reverse-engineer, decompile, or attempt to extract the source code of the Platform, except as permitted by law;
• Use automated means to scrape or extract data from the Platform without authorization.

6. Data Ownership and Processing

As between us and a Customer, the Customer retains ownership of the academic, learner, and institutional data it submits to the Platform (“Customer Data”). We process Customer Data solely to provide and support the Platform, in accordance with our Privacy Policy and applicable data protection law, including the Protection of Personal Information Act (POPIA). Customers are responsible for ensuring they have the appropriate legal basis to submit learner and staff personal information to the Platform.

7. SETA/QCTO Compliance

The Platform provides tools intended to support SETA/QCTO-aligned assessment, moderation, and reporting workflows (e.g. assessor/moderator record-keeping, portfolio of evidence tracking). The Platform is a record-keeping and workflow tool only — it does not itself certify, accredit, or guarantee compliance with any SETA, QCTO, or other regulator’s requirements. Each Customer remains solely responsible for the accuracy of the records it creates and for its own compliance with all applicable accreditation, assessment, and moderation obligations.

8. Intellectual Property

The Platform, including its software, design, branding, and underlying technology, is owned by us or our licensors and is protected by intellectual property laws. These Terms do not grant you any ownership rights in the Platform — only a limited, non-exclusive, non-transferable right to use it in accordance with your subscription.

9. Suspension and Termination

• We may suspend or restrict access to the Platform for non-payment, suspected security violations, or breach of these Terms, with notice where reasonably practicable.
• A Customer may terminate its subscription in accordance with the terms of its order form or by providing notice as set out there.
• On termination, Customer Data will be retained for a reasonable period to allow for export, after which it may be deleted in accordance with our data retention practices, subject to any legal obligation to retain records longer (e.g. SETA/QCTO record-keeping requirements).

10. Disclaimer of Warranties

The Platform is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, error-free, or completely secure.

11. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising from your use of the Platform. Our total aggregate liability for any claim arising from these Terms or use of the Platform will not exceed the amount paid by the Customer for the Platform in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your misuse of the Platform, your violation of these Terms, or your violation of any third party’s rights.

13. Changes to These Terms

We may update these Terms from time to time. We will provide reasonable notice of material changes (for example, by posting a notice on the Platform or emailing institution administrators). Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict of law principles. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of South Africa.

15. Contact Us

If you have questions about these Terms, please contact us at 071 568 9064 or via the contact form on our website.