Terms of service — Taal Rooster

1. Agreement to Terms

By accessing or using the Taal Rooster platform at taalrooster.co.za ("the Service" or "the Platform"), you agree to be bound by these Terms of Service, together with our Privacy Policy, Refund & Cancellation Policy, and any Operator Agreement or school subscription order form applicable to you (collectively, the "Agreement"). This Agreement constitutes a valid and binding electronic agreement under section 11 of the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act").

Plain language: By clicking 'Sign Up' or using Taal Rooster, you agree to these Terms, our Privacy Policy, and our Refund Policy. Schools may have a separate signed agreement with us as well.

2. About the Service

Taal Rooster is a software-as-a-service ("SaaS") platform that enables teachers to create and manage educational assignments and receive video submissions from learners. Taal Rooster is owned and operated by Responsive Design Agency (Pty) ("RDA"), a company registered in the Republic of South Africa.

3. Acceptable Use & Technical Limits

3.1 Permitted Use

You may use the Service only for lawful educational purposes, in accordance with these Terms and the Acceptable Use Policy in clause 3A.

3.2 Technical Constraints

The Platform supports a maximum file size of 500MB per video submission. You acknowledge that larger files and higher resolutions will directly impact upload speeds, depending on local bandwidth and connection stability.

3.3 AI & Machine Learning

(a) You may not use any part of the Service, including student video submissions, assignment structures, rubrics, or feedback, to train machine-learning or artificial-intelligence models.

(b) Taal Rooster will not use User Videos, student personal information, or other User Content to train its own or any third party's machine-learning or AI models, except with your express prior written consent. This does not prevent Taal Rooster from using aggregated, de-identified service-usage data to improve the Service.

3A. Acceptable Use Policy

You agree that you will not, and will not permit others using your account to:

Upload, record, submit, or link to any content that is unlawful, defamatory, harassing, threatening, discriminatory, hateful, or sexually explicit.
Upload, record, submit, or link to any material that constitutes, depicts, or describes child sexual abuse material ("CSAM") as defined in the Films and Publications Act 65 of 1996 (as amended). Any such content will be reported to the South African Police Service and the Film and Publication Board Hotline as required by law, and the offending account will be terminated immediately.
Use the Service to bully, harass, dox, or intimidate any person, whether a fellow student, teacher, moderator, or third party.
Infringe any third party's intellectual-property, privacy, or publicity rights (including background music, imagery, or third-party video content used in submissions without permission).
Impersonate any person or entity, or misrepresent your affiliation with any person, school, or organisation.
Disclose another user's personal information without their consent.
Use the Service to solicit or extract inappropriate material from minors or other users.
Attempt to gain unauthorised access to the Service, any account, or any related system; probe, scan, or test the vulnerability of the Service without our prior written consent; or bypass access controls, rate limits, or age gating.
Reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent expressly permitted by applicable law.
Scrape, crawl, or systematically extract content from the Service, or use automated means to access or interact with the Service, except via interfaces we expressly provide.
Transmit viruses, worms, malware, or other harmful code.
Use the Service in a manner that would breach POPIA, the Consumer Protection Act, the ECT Act, the Films and Publications Act, or any other applicable South African or foreign law.

Breach of this Acceptable Use Policy may result in suspension or termination of your account under clause 8, and may be referred to law enforcement where legally required.

3B. Content Reporting & Takedown

Taal Rooster does not view, stream, or access the content of student video submissions. Videos are transferred directly into the teacher's or school's own Google Drive or Microsoft OneDrive account; we retain only a reference (file ID and link). This architectural choice protects student privacy but means we rely on reports to identify abuse of the Platform.

3B.1 Reporting channel

Teachers, school administrators, students, parents, guardians, and third parties may report suspected abuse of the Platform or violations of this Agreement by email to contact@taalrooster.co.za. Reports should include enough information to identify the account, class, or submission in question.

3B.2 Acknowledgement

We will acknowledge credible reports within one (1) business day. We do not commit to a resolution timeline, as investigation timing depends on the complexity of the report and the cooperation of the school or teacher controlling the underlying Drive or OneDrive content.

3B.3 Enforcement without viewing videos

On receipt of a credible report, we may, without viewing any video content: (a) suspend access for the reporting user, the reported user, or both, pending investigation; (b) revoke submission links or share permissions under our control; (c) delete the file reference in our database (the underlying file remains in the teacher's or school's Drive for their own review, deletion, or preservation); (d) require the school or teacher to confirm the outcome of their own investigation; (e) in serious cases, terminate the school's or user's account under clause 8.

3B.4 Mandatory reporting

Where a report indicates the existence of CSAM or other material the reporting or preservation of which is required by law, we will report as required to the relevant authorities (including the South African Police Service and the Film and Publication Board Hotline) and cooperate with lawful investigations.

3B.5 Bad-faith reporting

Reports made in bad faith, maliciously, or with the intention of harassing another user may themselves constitute a breach of clause 3A, and may result in suspension or termination of the reporting user's account.

3C. Teacher and School Responsibilities

Because video content resides in the teacher's or school's own Drive or OneDrive storage, teachers and schools are the first line of governance for that content:

Control of video files: the teacher and school control who can view, download, share, or delete video files in their Drive or OneDrive account, using their Google Workspace or Microsoft 365 admin controls.
Safeguarding policies: schools must maintain and apply their own acceptable-use and safeguarding policies for students using the Platform.
Cooperation with abuse reports: on receiving a report from Taal Rooster (or from any other channel), the school and teacher must investigate promptly in accordance with their safeguarding policies and notify us of the outcome.
Parental consent: where a school is the Responsible Party under POPIA, the school is responsible for obtaining and maintaining verifiable parental consent for minor students, in accordance with the Operator Agreement between the school and Taal Rooster. Schools may either rely on Taal Rooster's built-in parent/guardian email consent workflow, or — by enabling school-managed consent attestation in school settings — formally attest that the school has obtained valid parent/guardian consent (or another lawful basis under POPIA) for every enrolled learner and upload a signed copy of its consent agreement. Where school-managed consent is enabled, the school assumes full legal responsibility for obtaining, recording, maintaining, and honouring withdrawal of that consent, and indemnifies Taal Rooster against claims arising from any failure to do so.
Retention: schools and teachers are responsible for retaining video submissions and related assessment records for the duration required by their own moderation, assessment, or audit requirements. Taal Rooster does not view or alter these files.

4. Payment & Academic Terms

4.1 Subscription Plans

Taal Rooster offers Individual and School subscriptions, each billable monthly, quarterly, or annually in South African Rand (ZAR). Current pricing is published on our pricing page and is incorporated by reference into this Agreement. Subscriptions renew automatically at the end of each billing cycle at the then-current published price unless cancelled before the renewal date.

4.2 Failed Payment

If an automated renewal payment fails, we will retry collection for up to seven (7) days and may suspend access under clause 8.3 if payment remains unpaid thereafter.

4.3 Price Change Notice

We will provide at least 20 business days' written notice of price changes. You may terminate your subscription without penalty within 10 business days of such notice. If you have a pre-paid quarterly or annual term, the remaining portion of that term continues at the existing price; the new price applies only from the next renewal.

4.4 Refunds & Cancellations

Refund eligibility, cooling-off rights, and cancellation procedures are set out in our Refund & Cancellation Policy.

5. Personal Information & Privacy (POPIA)

We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA") and our Privacy Policy, which is incorporated into this Agreement.

5.1 Consent

Schools acting as Responsible Parties under POPIA must obtain and maintain verifiable parental consent for any minor using the Platform. Our Parental Consent workflow captures such consent for individually-registered minors using a time-limited email link.

5.2 Video Retention

Schools and teachers are solely responsible for retaining student video submissions in their own Drive or OneDrive storage for the duration required by their moderation, assessment, or audit requirements. Taal Rooster will provide a 30-day grace period for data export following account termination; thereafter personal information is deleted or de-identified subject to legal retention obligations.

5.3 Security & Breach Notification

We implement the technical and organisational measures described in our Privacy Policy. In the event of a security compromise, we will notify affected users and the Information Regulator as soon as reasonably possible and, in any event, without undue delay, as required by POPIA section 22.

5.4 Operator Relationship

When a school uses the Service on behalf of its students, the school is the Responsible Party and Taal Rooster acts as an Operator under POPIA sections 20–21. A written Operator Agreement between the school and Taal Rooster governs that relationship and is available on request. For individual (non-school) subscribers, Taal Rooster is the Responsible Party for the personal information it collects from the subscriber directly.

5.5 Cross-Border Transfer

Video submissions are stored in cloud storage (Google Drive or Microsoft OneDrive) operated by third-party providers whose servers may be located outside South Africa. By using the Service, you consent to the transfer of personal information outside South Africa in accordance with POPIA section 72, on the basis that (i) you (or, for minors, a parent/guardian) have consented, and (ii) the receiving provider is subject to binding rules or laws that uphold principles of reasonable processing substantially similar to POPIA.

6. Warranties, Limitation of Liability & Indemnity

6.1 Warranty Disclaimer

Save for any non-excludable rights under the Consumer Protection Act 68 of 2008 and for the defective-service guarantee in our Refund & Cancellation Policy, the Service is provided on an "as-is" and "as-available" basis. To the fullest extent permitted by law, we disclaim all implied warranties including fitness for a particular purpose and merchantability.

6.2 Liability Cap

Subject to clause 6.4, our total aggregate liability to you under or in connection with this Agreement, whether in contract, delict (including negligence) or otherwise, shall not exceed an amount equal to the fees paid by you to Taal Rooster in the twelve (12) months immediately preceding the event giving rise to the claim, or R10,000, whichever is greater.

6.3 Excluded Damages

Neither party shall be liable for indirect, incidental, special, consequential or punitive damages, loss of profit, loss of revenue, loss of goodwill, or loss of anticipated savings, however arising.

6.4 Non-Excludable Liability

Nothing in this Agreement limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) wilful misconduct; (d) any liability that cannot be limited under the Consumer Protection Act or POPIA; or (e) infringement of intellectual-property rights by Taal Rooster's own Platform.

6.5 User Indemnity

You will indemnify Taal Rooster against third-party claims arising from (a) your User Content, including copyright claims over background music, imagery, or audio in video submissions; (b) your breach of the Acceptable Use Policy in clause 3A; or (c) your breach of any other term of this Agreement.

6.6 Taal Rooster IP Indemnity

We will defend you against third-party claims that your permitted use of the Platform (excluding your User Content) infringes the third party's intellectual-property rights, and will pay damages finally awarded against you in such claims, subject to the cap in clause 6.2.

7. Intellectual Property

7.1 Your Content

You retain ownership of all intellectual-property rights in content you (or your students) upload, record, or create using the Service, including video submissions, rubrics, assignment materials, templates, and written or audio feedback ("User Content"). You grant Taal Rooster a non-exclusive, royalty-free licence to host, store, process, and display User Content solely to provide and improve the Service and to comply with legal obligations. This licence terminates when the User Content is deleted or the account is terminated, except to the extent retention is required by law or by a school's own retention policy.

7.2 Platform IP

Taal Rooster retains all intellectual-property rights in the Service itself, including software, design, branding, documentation, and any default rubric or checklist templates provided by Taal Rooster. You receive a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose for the duration of your subscription.

7.3 Feedback

If you provide suggestions, feedback, or ideas to Taal Rooster about the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free licence to use and incorporate that Feedback into the Service without any obligation of compensation.

8. Term, Suspension & Termination

8.1 Term

This Agreement applies from your first use of the Service and continues until terminated in accordance with this clause or the Refund & Cancellation Policy.

8.2 Termination by You

You may terminate your subscription at any time in accordance with the Refund & Cancellation Policy.

8.3 Suspension

Taal Rooster may suspend your access to the Service immediately and without prior notice where: (a) you fail to pay fees when due; (b) we reasonably suspect breach of clause 3 or 3A; (c) we receive a credible abuse report under clause 3B; (d) continued access creates a material security, legal, or reputational risk; or (e) we are required by law to do so. We will restore access as soon as the underlying issue is resolved.

8.4 Termination for Breach

Either party may terminate this Agreement by written notice if the other commits a material breach that is not remedied within fourteen (14) days after written notice, or that is incapable of remedy. Taal Rooster may terminate immediately and without notice on credible report of illegal content (including CSAM) or conduct endangering a minor, pending any legal process.

8.5 Effect of Termination

On termination: (a) your right to access the Service ends; (b) Taal Rooster will retain your account data for a 30-day grace period during which you may export your data; (c) at the end of that grace period, Taal Rooster will delete or de-identify your personal information, subject to legal retention obligations; (d) video files stored in the teacher's or school's Google Drive or OneDrive remain under the control of the school and are not deleted by Taal Rooster; and (e) accrued rights and obligations (including payment obligations and clauses 5, 6, 7, 8.5, 9, and 11) survive termination.

9. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified to account holders by email and through an in-app notice at least 20 business days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not accept the changes, you may terminate your subscription before the effective date under clause 8.2 and, where applicable, receive a pro-rata refund under the Refund & Cancellation Policy. Non-material changes (such as clarification wording or typographical fixes) take effect when published.

10. Governing Law, Dispute Resolution & Jurisdiction

These Terms are governed exclusively by the laws of the Republic of South Africa. Before commencing legal proceedings, the parties will use reasonable efforts to resolve any dispute through good-faith negotiation and, failing that, through mediation under the rules of the Arbitration Foundation of Southern Africa ("AFSA"). Any legal proceedings arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the South African courts. Nothing in this clause prevents either party from seeking urgent interim or injunctive relief.

Plain language: South African law applies. Before going to court, we'll try to resolve disputes by talking and, if needed, through mediation.

11. Assignment, Severability & Miscellaneous

11.1 Assignment

You may not assign or transfer this Agreement without our prior written consent. Taal Rooster may assign this Agreement on a merger, acquisition, or sale of substantially all of its assets.

11.2 Third-Party Services

The Service integrates with Google (Drive, OAuth, Classroom), Microsoft (OneDrive, OAuth), Paystack, and other third-party services. Your use of those services is governed by their own terms and privacy policies.

11.3 Force Majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control, including acts of God, war, civil unrest, pandemic, government action, or failure of third-party infrastructure.

11.4 Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect.

11.5 No Waiver

Failure by either party to enforce any right under this Agreement does not waive that right.

11.6 Entire Agreement

This Agreement (together with the Privacy Policy, Refund & Cancellation Policy, and any applicable Operator Agreement or school order form) constitutes the entire agreement between the parties in respect of its subject matter and supersedes any prior agreements or representations.

Contact

Business Name: Responsive Design Agency (Pty)

Address: 14 Sweet Home Way, Elfindale, Cape Town, 7945, South Africa

General enquiries: contact@taalrooster.co.za

Information Officer (POPIA): contact@taalrooster.co.za

Abuse reports: contact@taalrooster.co.za