1. Interpretation and Definitions
In these Terms, unless the context indicates otherwise:
1.1. "Account" means the account created by Users through which Users access the Website and App;
1.2. "Additional Terms" has the meaning given in clause 3.1;
1.3. "Alpha AI", "us" and "we" mean Alpha AI Automation (Pty) Ltd, company registration number 2024/311299/07, a private company incorporated under the laws of the Republic of South Africa;
1.4. "App" means the web application accessible at https://www.cubedacademy.com;
1.5. "Fees" means the fees described in clause 8.1;
1.6. "Intellectual Property" has the meaning given in clause 14.1;
1.7. "Learner" means a child of a Parent under the age of 18 (eighteen) years;
1.8. "Parent" means a parent or legal guardian of a child;
1.9. "Personal Information" means all information about a User that can be used to identify the User;
1.10. "Privacy Policy" means our privacy policy governing the use of your Personal Information, available on the Website;
1.11. "Services" means the services supplied by Alpha AI to Users, which include the Website and the App;
1.12. "Terms" means these terms, which form a legally binding agreement regulating your use of the Services and our relationship with you;
1.13. "User" and "you" mean the person making use of the Services, being a Parent and/or a Learner, as applicable;
1.14. "VAT" means value added tax levied under the Value Added Tax Act 89 of 1991; and
1.15. "Website" means https://www.alphaaiauto.org and https://www.cubedacademy.com, including all sub-domains.
2. Application, Acceptance and Duration
2.1. These Terms apply when you use the Services as a User, to the extent they are applicable to you. You are assumed to accept these Terms when you create an Account on the App.
2.2. To use any of our Services you must agree to these Terms. We reserve the right to refuse any request for our Services without notice or reason.
2.3. These Terms also apply to any future services and interaction channels we make available, unless stated otherwise.
2.4. These Terms apply for as long as you use our Services, and thereafter until any dispute arising from your use of the Services has been settled.
3. Other Applicable Terms
3.1. Your use of the Services is regulated by these Terms and by any other terms available on the Website ("Additional Terms"). The Additional Terms include the Privacy Policy and the general browser terms applicable to use of the Website ("Browser Terms").
3.2. If there is a conflict between these Terms and the Additional Terms, the following order of precedence applies, in so far as the Additional Terms apply to you: (1) these Terms; (2) the Privacy Policy; and (3) the Browser Terms.
4. Changes to these Terms
4.1. We may change or add to these Terms at our discretion. We may also change or cancel the Services, offer new Services, and change or remove the Website or App from time to time.
4.2. We will notify you of material changes by email containing a link to the updated Terms, or by a prominent notice on the Website or App, and we will give you 30 (thirty) calendar days' notice of a material change to these Terms. You may be asked from time to time to accept new or amended versions of these Terms.
4.3. If you disagree with a change, you may stop using the Services.
5. Our Services
5.1. The Services give Users access to an interactive, incentive-based platform that provides online National Curriculum and Assessment Policy Statement (CAPS) and Independent Examination Board (IEB) practice mathematics questions, designed to help South African learners study for school tests and exams in their home language.
5.2. Further and more specific details about the Services and the platform are available on the Website.
5.3. All information on the Website and in the Services is provided for information purposes only and is not advice. You must not rely on it when making decisions or transacting. Any reliance you place on it is strictly at your own risk, and Alpha AI accepts no responsibility for any loss arising from reliance on information or materials published on the Website or provided with the Services.
5.4. All information provided on the Website and with the Services is the intellectual property of Alpha AI and is subject to these Terms and applicable law.
6. Consent Required for Minors
6.1. Under South African law, any person under the age of 18 (eighteen) years requires the consent or assistance of a parent or guardian to legally enter into a reciprocal agreement.
6.2. Any User who is not at least 18 (eighteen) years old requires the consent or assistance of a parent or guardian to use the Website, App and/or Services.
6.3. We accept no responsibility for invalid consent being provided by a User. Any legal action taken against a minor as a result of their use of the Website, App and/or Services is independent of Alpha AI, and we will not be a party to it.
7. Your Account and Information
7.1. To access the Services, a Parent, or a Learner with parental consent, must create an Account by providing Personal Information of the Parent and the Learner to Alpha AI. Once an Account is created, the Parent and the Learner together are a User for purposes of these Terms.
7.2. By creating an Account, the User acknowledges and agrees that all information provided to Alpha AI, including Personal Information, is their own and the Learner's own.
7.3. The User is solely responsible for the safekeeping of their Account access credentials. If anyone enters your Account access credentials (whether you or anyone else), we will assume that the person using the Website or Services is the relevant Parent and/or Learner.
7.4. Users may not share their Account with any other person. Only Users may use their Account to access the Website, App and Services, and only for their own personal purposes. Users are strictly prohibited from sub-licensing or commercially exploiting their Account or the Services.
7.5. It is in the interest of all Users to familiarise themselves with, and carefully follow, the security requirements, guidelines and procedures we communicate from time to time.
7.6. You must inform us immediately if you suspect any breach of security, confidentiality or of an Account, and you must update your Account access credentials.
8. Fees
8.1. Memberships for the Services can be purchased on a monthly basis. Information on the available memberships and the related fees is available on the Website, and the fees are inclusive of VAT unless stated otherwise ("Fees").
8.2. The Fees may change from time to time on 30 (thirty) calendar days' notice to you. Changes to the Fees do not apply to Services already purchased.
8.3. Unless stated otherwise, all Fees exclude any other applicable taxes. To the extent allowed by law, the Parent is responsible for all applicable taxes, whether or not they are listed on the transaction documents.
8.4. If the Fees are stated in a currency different from the one you use, you accept all risk of currency fluctuations and undertake to pay the Fees in full in our stated currency, together with any levy arising from the difference in currencies.
9. Payments
9.1. Payment of the Fees is required before a User can use the Services. You, as the Parent, warrant that you are authorised to use the billing details provided when paying the Fees, and we may terminate any Service if you are not. You must ensure there are sufficient funds to cover the Fees when billed, and Alpha AI will not be liable for any overdraft fees you incur.
9.2. Alpha AI makes provision for payment of the Fees by card payment through a dedicated third-party payment gateway, under which:
9.2.1. to pay the Fees, you will be directed to the third-party payment gateway to provide your card or other payment information over a secure connection. All payments are made through the gateway, and Alpha AI will not have access to your card information; and
9.2.2. Users agree to comply with the terms and conditions of any third-party payment gateway we use, and to pay any fees it charges.
9.3. Under no circumstances will Alpha AI be responsible for any fees you incur to third parties as a result of any payment through a third-party payment gateway or any other third party.
9.4. We will make all documentation relating to transactions between you, as the Parent, and us available to you by email on request.
9.5. If payment of the Fees is unsuccessful, the Parent will be notified and may attempt payment again. Until the Fees are successfully paid, the User will be unable to access the Services. If the Fees remain unpaid, Alpha AI may terminate your access to the Services and will notify you of the termination by email.
9.6. If you, as the Parent, instruct your bank to return your funds (a chargeback), or the billing details you provided are no longer valid, you will be liable to us for any penalty we incur from that bank or other payment processor.
10. Cancellation and Refunds
10.1. Memberships renew automatically at the end of each monthly membership period until cancelled.
10.2. A User may cancel their membership at any time through the "Settings" option in their Account or by contacting support@cubedacademy.com.
10.3. When a cancellation is confirmed, the User's access to the paid-for premium Services ends immediately.
10.4. Fees are charged in exchange for access to the Services during the applicable subscription period, regardless of actual usage. Except as provided in clauses 10.5 to 10.7, we do not offer refunds, credits or extensions for any unused portion of a subscription, and failing to log in or use the Services during a subscription period does not entitle you to a refund, discount or additional access.
10.5. Cooling-off: a User may cancel and request a refund within 7 (seven) calendar days of purchasing the subscription, reckoned from the date of payment of the Fees. This includes where you have used the Services and are dissatisfied with them. Requests must be made through your Account or by contacting support@cubedacademy.com within that period, and a refund requested within the period will be processed.
10.6. Processing of refunds:
10.6.1. refunds are paid to the Parent's payment card used to pay the Fees;
10.6.2. depending on the payment processor or bank, it may take between 3 (three) and 12 (twelve) working days for the money to reach the Parent's bank account; and
10.6.3. the User keeps access to the premium Services until the refund has been processed, after which the subscription will be cancelled.
10.7. If a refund is requested more than 7 (seven) calendar days after payment of the Fees, the refund will not be processed.
11. Suspension and Termination
11.1. We may cancel or suspend your Account, or your access to the Website and/or use of the Services, without liability, if you are in breach of these Terms.
11.2. In addition, Alpha AI may cancel your Account, terminate these Terms, or suspend its obligations if:
11.2.1. we become aware of circumstances that lead us to believe you will not perform your obligations under these Terms;
11.2.2. you have used the Website to breach the intellectual property rights of any third party or the Intellectual Property of Alpha AI;
11.2.3. you have not used your Account or the Services for 3 (three) years and are therefore considered an inactive User; or
11.2.4. you have suspended any payments due to us under these Terms.
11.3. Our rights in respect of confidentiality and our limitation of liability set out in these Terms survive the termination of these Terms.
11.4. Upon termination of these Terms:
11.4.1. you must make all reasonable efforts to delete all parts of the Services and any Intellectual Property you hold, in any format;
11.4.2. you must immediately stop using the Services;
11.4.3. we will delete your Account and you will no longer be able to access any part of the Website, App or Services that requires an Account; and
11.4.4. we will remove your payment information from our systems but will retain Personal Information generated through the Services for a reasonable period in line with the Privacy Policy.
12. Changes to the Services
12.1. Alpha AI will inform Users of material changes to the Services by email or by a prominent notice on the Website and/or App. Continued use of the Website and/or App after the notice is displayed is deemed acceptance of the changes.
12.2. If a change results in a User having less functionality, the notice will be sent 30 (thirty) calendar days before the change takes place, unless prior notice is not reasonably possible in the circumstances.
12.3. We may temporarily suspend the Website and/or App for any reason, including repairs or upgrades. Alpha AI will make reasonable efforts to notify Users of such suspensions in advance.
13. Acceptable Use
13.1. The Services are made available for the personal, non-commercial use of the registered User only. Users may not use the Services for the direct benefit of their own clients.
13.2. Some devices may not support the Website and/or App. You are responsible for keeping your devices updated and in a condition that supports the Website, including internet access.
13.3. Use of the Services may be restricted to certain geographical areas. You are responsible for checking that your location is supported before incurring any liability to us, and we will not be liable for any loss you incur because the Services are not supported in your location.
13.4. You must respect our Services and our Intellectual Property in utmost good faith and use them only as we intend. Any use that violates this undertaking may result in us terminating your use of the Services. We are the sole judge of what constitutes a violation, but the following are likely to be good grounds:
13.4.1. copying or distributing any content on the Website and/or App without our explicit consent;
13.4.2. providing access to, making available or disseminating the Services or their content (and any related Intellectual Property) to any person other than the Users registered on your Account;
13.4.3. providing untrue or incorrect information to us;
13.4.4. changing, modifying, copying, decompiling, circumventing, disabling or tampering with any part of the Website and/or App, including its security features, or reverse engineering the Website and/or App;
13.4.5. infecting the Website and/or App with any software, malware or code that may infect, damage, delay or impede its operation, or intercept, alter or interfere with any data generated by or received through it;
13.4.6. using malicious search technology, including spiders and crawlers;
13.4.7. framing the Website or any of its pages, deep linking to any page of the Website and/or App, or otherwise suggesting that you own any Intellectual Property in the Services;
13.4.8. allowing any third party to use your Account other than as permitted by these Terms; or
13.4.9. using the interactive sections of the Website and/or App to post any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise unlawful.
13.5. Alpha AI may temporarily deactivate a User's Account if a Learner fails to comply with this clause 13. Continued unacceptable behaviour is grounds for cancellation under clause 11 and these Terms.
14. Intellectual Property Rights
14.1. You acknowledge and agree that all right, title and interest in and to our intellectual property (including any copyright, trademark, design, logo, process, practice or methodology that forms part of, or is displayed or used on, the Services, including graphics, logos, designs, text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) ("Intellectual Property") is proprietary to us or the respective owner, and will remain our or the owner's property at all times.
14.2. You will not acquire any rights in that Intellectual Property by using the Services.
15. Electronic Messages and Communication
15.1. We will primarily use email and electronic notices on the Website and/or App for all communications relating to the Services or these Terms. We may also use SMS, registered mail or telephone.
15.2. By accepting these Terms and using the Services, you acknowledge that we may use the personal contact information you provide to communicate with you electronically, in line with applicable data protection laws, including the Protection of Personal Information Act 4 of 2013 and the General Data Protection Regulation ((EU) 2016/679). This includes sending you direct marketing communications. You may opt out of direct marketing messages at any time.
16. Social Media Integration and Third-Party Sites
16.1. The Website and/or App may allow you to create an Account or profile, log in, and/or share information by connecting to social media sites or apps, including Facebook, Twitter, LinkedIn and Instagram.
16.2. If you use the Services in this way, the relevant social media sites' rules will also apply and you agree to the integration.
16.3. We may provide hyperlinks to third-party websites or apps for your convenience only. Including a hyperlink or advertisement does not imply that we endorse the third party's websites, apps, products, business or security practices, or that we are associated with its operators.
16.4. If you access or use any third-party website, app, product, service or business, you do so solely at your own risk.
17. Warranties and Representations
Subject to applicable law:
17.1. we give no guarantee of any kind concerning the content or quality of the Services. The Services are not advice of any kind, nor a guarantee of increased success for any Learner;
17.2. we give no warranty (express or implied) or representation that the Services, Website or App will operate error-free or without interruption, that any errors will be corrected, or that the content is complete, accurate, up to date or fit for a particular purpose; and
17.3. we make no representation, express or implied, and have no liability for the proper performance of the Services or the information, images or audio on the Website or App. The Services are used at your own risk.
17.4. You warrant to and in favour of us that:
17.4.1. you have the legal capacity to agree to and be bound by these Terms;
17.4.2. in the case of all Learners, you have the consent of your Parent where you are younger than 18 (eighteen) years old;
17.4.3. in the case of Parents, you are 18 (eighteen) years or older; and
17.4.4. these Terms constitute a contract that is valid and binding on you and enforceable against you.
17.5. Each of your warranties:
17.5.1. is a separate warranty and is in no way limited or restricted by inference from any other warranty or by any other words in these Terms;
17.5.2. continues in force whether these Terms are active, suspended or cancelled; and
17.5.3. is deemed to be material.
18. Limitation of Liability
18.1. To be clear:
18.1.1. we will not be liable for any loss arising from your use of the Services, or from any reliance on the information presented on the Website, App or in the Services or provided by Alpha AI as part of the Services;
18.1.2. we will not be liable to you for any loss caused by using the Services, or for your liability to any third party arising from them, including:
18.1.2.1. any interruption, malfunction, downtime, off-line situation or other failure of the Website or App, or of any system, database or component;
18.1.2.2. any loss of or damage to your data or other data, directly or indirectly caused by a malfunction of the Website or App; and
18.1.2.3. any third-party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website, App or third-party systems, or programming defects;
18.1.3. we will not be liable if any material available for download from the Website or App is not free from infection, viruses or other code with contaminating or destructive properties;
18.1.4. the Website or App may include inaccuracies or typographical errors, for which we cannot be held liable, and we cannot be forced to comply with offers that are genuinely or negligently erroneous;
18.1.5. we are not responsible for the proper or complete transmission of the information in any electronic communication, or of the communication itself, or for any delay in its delivery or receipt. We have implemented security measures to protect the safety and integrity of the Services, but information transmitted over the internet may nevertheless be susceptible to unlawful access and monitoring; and
18.1.6. our limitation of liability applies to all kinds of loss that we can lawfully contract out of, including direct, indirect, consequential, special or other losses or claims you may suffer.
18.2. If any matter results in a valid claim against Alpha AI, Alpha AI's liability will be limited to the Fees paid by the User for the Services supplied under these Terms.
19. Indemnity
19.1. You shall indemnify, defend and hold harmless us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers, from any and all third-party claims, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys' fees, whether directly or indirectly arising out of, relating to or resulting from negligence, intent, breach of these Terms, or violation of applicable law, rule or regulation by a party or its affiliates, or their respective owners, officers, directors, employees or representatives, or any other action or omission of any nature.
20. Force Majeure
20.1. Except for the obligation to pay monies due and owing, neither you nor we are liable if either of us cannot perform under these Terms for reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, pandemics, acts or omissions of persons for whom we are not responsible, and acts of government or other competent authorities (including telecommunications, electricity and internet service providers).
21. Dispute Resolution (Arbitration)
21.1. Any dispute arising out of or in connection with these Terms (other than where an interdict or other urgent relief is sought from a court of competent jurisdiction) will be submitted to and decided by arbitration under the arbitration rules and legislation in force in the Republic of South Africa from time to time.
21.2. The parties will jointly appoint an arbitrator within 14 (fourteen) calendar days of either party demanding arbitration. Failing this, Alpha AI may recommend an arbitrator, and that recommendation is deemed accepted by the parties as soon as it is made to either party, after which the arbitration may immediately commence.
21.3. Unless otherwise agreed, the rules of commercial arbitration stipulated by the selected arbitrator will apply.
21.4. The arbitration will be held:
21.4.1. with only the parties and their representatives present; and
21.4.2. in Johannesburg.
21.5. This clause 21 is severable from the rest of these Terms and remains in effect even if these Terms are terminated for any reason.
21.6. The arbitrator's award is final and binding on the parties and not capable of appeal.
22. General
22.1. Entire agreement: these Terms are the whole agreement between the parties on their subject matter and supersede any other discussions, agreements or understandings on it.
22.2. Confidentiality: neither party may disclose any confidential information to a third party without the other party's prior written approval, unless required by law.
22.3. Law and jurisdiction: these Terms and all obligations connected with or arising from them are governed by and interpreted under the laws of the Republic of South Africa. Each party submits to the jurisdiction of the South African courts.
22.4. Good faith: the parties will act in good faith in their dealings with each other.
22.5. Breach: if a party breaches a material provision of these Terms and fails to remedy the breach within 14 (fourteen) calendar days of written notice requiring it to do so, the aggrieved party may, without further notice and in addition to any other remedy at law or under these Terms (including an interdict), cancel these Terms or claim specific performance of any obligation, whether or not the due date for performance has arrived, without prejudice to its right to claim damages.
22.6. No waiver: Alpha AI's failure to insist on or enforce strict performance of any provision, or to exercise any right, is not a waiver of its right to enforce that provision or right on any other occasion.
22.7. No assignment: the User may not cede its rights or delegate its obligations under these Terms without Alpha AI's express prior written consent.
22.8. Relationship between the parties: neither party is the partner or agent of the other, and neither has any right or authority to enter into any agreement for or on behalf of, or to incur any obligation or liability for, or otherwise bind, the other.
22.9. No representation: to the extent permitted by law, no party is bound by any express, implied or tacit term, representation, warranty or promise not recorded in these Terms, whether or not it induced the contract and whether or not it was negligent.
22.10. Severability: any provision that is or becomes illegal, invalid or unenforceable is ineffective to that extent and is severed from these Terms without invalidating the remaining provisions.
22.11. No stipulation: no part of these Terms is a stipulation in favour of any person who is not a party, unless the provision expressly says so.
22.12. Notices:
22.12.1. Alpha AI selects support@cubedacademy.com as its email address for service of all formal notices and legal processes in connection with these Terms. This address may be updated from time to time by updating these Terms. Notices to you will be sent to the email address registered on your Account.
22.12.2. Service by email is accepted in all cases where notice is required, unless the law requires another form of service. Service by email is deemed to be received on the day and at the time of sending.
23. Legal Disclosure
23.1. Owner of the Website, App and Platform: Alpha AI Automation (Pty) Ltd (trading as "Alpha AI"), company registration number 2024/311299/07.
23.2. Legal status: Alpha AI is a private company duly incorporated under the laws of the Republic of South Africa.
23.3. Director: Thobile Bengane.
23.4. Main business: Alpha AI designs and builds custom AI-driven automation solutions to streamline business workflows, automate repetitive tasks and connect digital tools for maximised productivity.
23.5. Email: support@alphaaiauto.org.
23.6. Website: https://alphaaiauto.org/.