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TERMS OF SERVICE

Last Updated: July 2026

 

Welcome to MindUp. These Terms of Service (“Terms”) govern your access to and use of our website, platform, and Learning Experience Platform (LXP) services (collectively, the “Service”), provided by MindUp (“we,” “our,” or “us”). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Service.

1. ACCEPTANCE & ELIGIBILITY

By registering for an account or using our platform, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction) and possess the legal authority to enter into this binding agreement. If you are entering into this agreement on behalf of a company, institution, or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. DESCRIPTION OF SERVICE

MindUp provides a cloud-based Learning Experience Platform (LXP) and Software-as-a-Service (SaaS) ecosystem designed to support institutions, corporations, TVET Colleges, Universities, Government Departments, Healthcare Institutions, and private Training providers. Features include course management, automated assessments, learning pathways, and AI-powered content generation tools. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

3. ACCOUNT REGISTRATION & SECURITY

To access certain features of the platform, you must create an account.

  • You agree to provide accurate, current, and complete information during registration.
  • You are solely responsible for maintaining the confidentiality of your account credentials.
  • You accept full responsibility for all activities that occur under your account.
  • You must immediately notify us of any unauthorized use or security breach of your account.

4. FEES, BILLING, AND CANCELLATION

  • Subscription Fees: Access to certain platform tiers is subject to regular subscription fees. All fees are non-refundable unless stated otherwise.
  • Automatic Renewal: Subscriptions automatically renew at the end of each billing cycle (monthly or annually) unless canceled prior to the renewal date.
  • Fee Modifications: We reserve the right to change our subscription rates at any time. Any price changes will be communicated to you at least thirty (30) days in advance and will apply to the next billing cycle.
  • Non-Payment: Failure to pay outstanding fees may result in immediate suspension or termination of your access to the Service.

5. INTELLECTUAL PROPERTY RIGHTS

  • MindUp Ownership: All intellectual property rights in the platform, including but not limited to software, code, user interfaces, designs, logos, graphics, and proprietary AI systems, are owned exclusively by MindUp or its licensors.
  • User Content License: You retain all ownership rights to the educational materials, branding assets, and text you upload to the platform (“User Content”). By uploading content, you grant MindUp a worldwide, royalty-free, non-exclusive license to host, store, display, and process your data solely for the purpose of providing and improving the Service.

6. ACCEPTABLE USE & RESTRICTIONS

You agree not to misuse the Service. Specifically, you will not:

  • Copy, modify, host, sublicense, or resell the platform software.
  • Reverse engineer, decompile, or attempt to extract the source code of the platform.
  • Use the platform to host, transmit, or distribute malicious software, viruses, or offensive material.
  • Interfere with or disrupt the performance, integrity, or security of the platform servers.
  • Use automated scrapers or bots to access or extract data from the platform without explicit written permission.

7. DATA PRIVACY & POPIA COMPLIANCE

We take data protection seriously. As a South African entity, we process personal information in strict compliance with the Protection of Personal Information Act (POPIA) and other applicable data privacy laws.

  • Our data collection, storage, and processing practices are outlined in detail in our separate Privacy Policy.
  • When hosting student or institutional data, MindUp acts as an “Operator” (data processor), and you act as the “Responsible Party” (data controller). It is your responsibility to ensure you have the necessary consents from your users to process their information.

8. DISCLAIMER OF WARRANTIES (“AS-IS”)

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS without warranties of any kind, either express or implied. MindUp explicitly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the platform will be uninterrupted, error-free, entirely secure, or that AI-generated assets will be completely accurate or contextually perfect at all times.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MINDUP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO MINDUP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. TERMINATION

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that violates these Terms, harms other users, or infringes on our operations. Upon termination, your right to use the platform ceases immediately, and we reserve the right to delete remaining user data after a reasonable data-export grace period.

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