Terms of Service

1. Acceptance of Terms

By accessing or using MeritFlow (“the Service”), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service. These terms apply to all users, including schools, administrators, teachers, and students.

2. Description of Service

MeritFlow is a cloud-based student merit and demerit point management system designed for educational institutions. The Service allows schools to track student achievements and behavior, manage merit and demerit points, and generate analytics to support positive behavioral reinforcement. The Service is available via web browser and as a mobile progressive web application (PWA).

3. User Accounts

3.1 Account Creation

To use MeritFlow, your school must register for an account. School administrators are responsible for creating and managing user accounts for teachers and students within their institution.

3.2 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 unauthorized use of your account.

3.3 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Upload malicious code or content
• Impersonate another person or entity
• Use the Service to harass, bully, or discriminate against any individual
• Share account credentials with unauthorized individuals
• Use automated tools to scrape or extract data from the Service
• Award or remove merit points in a fraudulent, biased, or discriminatory manner

5. School Responsibilities

Schools using MeritFlow agree to:

• Ensure all users comply with these Terms of Service
• Obtain necessary parental or guardian consent for student data collection as required by law
• Maintain accurate and up-to-date user information
• Use merit and demerit points fairly and consistently
• Promptly remove access for users who leave the institution
• Designate at least one administrator responsible for managing the school's account
• Comply with all applicable data protection laws, including POPIA

6. Subscription and Payment

6.1 Pricing

MeritFlow offers various subscription plans as described on our pricing page. Prices are subject to change with 30 days' written notice to active subscribers.

6.2 Payment Terms

Paid subscriptions are billed monthly or annually as selected. Payment is due at the beginning of each billing period. Failure to pay may result in suspension of service after a 14-day grace period and written notice.

6.3 Refunds

We offer a 30-day money-back guarantee on all new paid plans. After 30 days, subscription fees are non-refundable. Refund requests should be sent to support@meritflow.co.za.

7. Intellectual Property

The Service and its original content, features, and functionality are owned by MeritFlow and are protected by international copyright, trademark, and other intellectual property laws. You retain ownership of any data you input into the Service. You may not copy, modify, distribute, or reverse-engineer any part of the Service without prior written consent.

8. Data Ownership

Schools retain full ownership of all student and institutional data entered into MeritFlow. We process this data solely to provide the Service and as outlined in our Privacy Policy. Upon termination, schools may request export of their data in a standard format within 90 days. After 90 days, data will be securely deleted.

9. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may perform scheduled maintenance with reasonable advance notice. We will make commercially reasonable efforts to minimize downtime and will not be liable for any interruptions beyond our reasonable control.

10. Limitation of Liability

To the maximum extent permitted by South African law, MeritFlow shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or goodwill, arising from your use of the Service. Our total liability for any claim arising from or related to the Service shall not exceed the amount paid by you in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless MeritFlow and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Termination

We may terminate or suspend your account for material violation of these Terms after providing written notice and a reasonable opportunity to remedy the violation (where applicable). You may cancel your subscription at any time. Upon termination, your right to use the Service will cease, and you may request export of your data within 90 days.

13. Force Majeure

MeritFlow shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, power outages, internet service disruptions, government actions, or pandemics.

14. Dispute Resolution

In the event of a dispute arising from these Terms or the use of the Service, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA). If mediation fails, the dispute shall be resolved through arbitration under AFSA rules.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of significant changes via email or through the Service. Continued use after the effective date of changes constitutes acceptance of the updated Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, including the Consumer Protection Act and the Protection of Personal Information Act (POPIA), without regard to its conflict of law provisions.

18. Contact Us

If you have any questions about these Terms of Service, please contact us: