Effective 1 October 2026
TERMS AND CONDITIONS OF USE
Tutor ya Rena — Your Maths and Science Tutor · NTSWAKAZA HOLDINGS (PTY) LTD
These Terms take effect on 1 October 2026 and replace every version published before that date.
Agreement
You and NTSWAKAZA agree to these Terms and Conditions of Use. They take effect when you first access the Service or when you accept them, whichever happens first.
Capacity: You may accept these Terms for yourself only if you are 18 years of age or older.
Users under 18: If you are under 18 years of age, a Guardian must accept these Terms for you before you use the Service, and must give any authorisation the law requires for us to process your personal information. Your Guardian is responsible for your use of the Service and for every amount payable under a Paid Plan. You may use the sample questions without an account, and without a Guardian’s acceptance, because no personal information is collected when you do.
Agreement documents: These Terms include the Subscription and Billing Terms, the Refund Policy and the Cancellation Policy, each as published on the Service. If those documents conflict with these Terms, these Terms apply, except that the Consumers clause prevails over everything. The Privacy Policy describes how we process personal information; it does not form part of these Terms.
Copies: NTSWAKAZA must keep these Terms available on the Service in a form that you can store and reproduce.
Notice of important terms: These Terms contain terms that limit the risk or liability of NTSWAKAZA, create an assumption of risk by you, or require you to acknowledge a fact. They are the No guarantee of results, AI-assisted tutoring, Suspension rights, Changes, Liability, Warranties and Force Majeure clauses. Your attention is drawn to those terms.
Definitions: In these Terms:
“AI Feature” means a function of the Service that sends an Input to the AI Provider and returns an Output, including the tutor, the generation of practice and the processing of a photographed or uploaded paper, and Read Aloud;
“AI Provider” means the provider of the artificial-intelligence service NTSWAKAZA uses to produce Outputs, named in the Privacy Policy;
“Business Day” means any day other than a Saturday, Sunday or public holiday in South Africa;
“Cancellation Policy” means the cancellation policy published on the Service;
“Consumer” means a user who is a natural person, or a juristic person whose asset value and annual turnover were below the threshold determined under section 6 of the CPA at the time of the transaction;
“Content” means anything you type, speak, photograph, upload or otherwise submit to the Service;
“CPA” means the Consumer Protection Act 68 of 2008;
“ECTA” means the Electronic Communications and Transactions Act 25 of 2002;
“Exam Trainer” means the exam-style assessment feature of the Service;
“Guardian” means, where you are under 18 years of age, the parent or legal guardian who accepts these Terms for you;
“Input” means the question, working, answer, grade, subject, curriculum topic, mastery level, page image or text to be read aloud that an AI Feature sends to the AI Provider when you use it;
“Intellectual Property Rights” means all intellectual property rights of any kind anywhere in the world, whether registered or unregistered, including copyrights, patents, trade marks, designs, domain names, rights in software, rights in databases, trade secrets and know-how, and all applications for and renewals of those rights;
“NTSWAKAZA” means NTSWAKAZA HOLDINGS (PTY) LTD, registration number 2026/684248/07, a private company incorporated in the Republic of South Africa, and “we”, “us” and “our” have the same meaning;
“Output” means the material an AI Feature returns to you;
“Paid Plan” means a paid subscription to the Service;
“Privacy Policy” means the privacy policy published on the Service;
“Refund Policy” means the refund policy published on the Service;
“Service” means Tutor ya Rena — Your Maths and Science Tutor — the application and website at ntswakazah.co.za, operated by NTSWAKAZA; and
“Subscription and Billing Terms” means the subscription and billing terms published on the Service.
THE SERVICE
What we provide: NTSWAKAZA makes the Service available to you for your own learning. What the Service does — the subjects, grades, features and modules it covers, and what each of them does — is as described on the Service from time to time.
Your right to use the Service: NTSWAKAZA grants you a personal, non-exclusive and non-transferable right to access and use the Service for your own learning, on these Terms, for as long as these Terms apply to you.
What the Service is not: The Service is not a school, an examination authority, a teacher or a professional adviser.
Curriculum positioning: NTSWAKAZA is not accredited or endorsed by, affiliated with, or connected to any education department, examination authority, professional or regulatory body or other organ of state, and nothing on the Service may be read as saying that it is.
No guarantee of results: NTSWAKAZA does not guarantee any mark, grade, pass, qualification or other academic outcome.
The Exam Trainer: The Exam Trainer is original exam-style assessment material. It is not a reproduction of any examination paper set by any examination authority.
Free use and limits: NTSWAKAZA applies daily and monthly limits to your use of the AI Features. The limits that apply to free use and to each Paid Plan are shown in the Service.
New features and modules: A feature or module NTSWAKAZA adds to the Service forms part of the Service and these Terms apply to it, unless NTSWAKAZA publishes separate terms for it when it is released. Where a new feature is available only on a Paid Plan, the Subscription and Billing Terms say so.
Permitted use: You may use the Service only for your own learning and in accordance with these Terms.
Restrictions: You must not:
use the Service unlawfully, abusively, fraudulently or maliciously;
submit another person's personal information without that person's authority;
bypass or interfere with a security measure or a usage limit;
interfere with the Service or with another person's use of it, including by automated means;
submit anything that is unlawful, defamatory, abusive, threatening or harmful;
submit anything that infringes another person's intellectual property, privacy or other rights;
submit a virus or other harmful code; or
disassemble, reverse engineer, modify, or create derivative works of the Service.
Keeping yourself safe: You must not type your full name, identity number, address or contact details into the tutor. When you photograph a question, you must photograph the question only.
Suspension rights:
NTSWAKAZA may temporarily suspend your access to all or part of the Service if:
NTSWAKAZA reasonably believes that there is a threat or attack on its systems, networks, infrastructure or the Service;
you are in material breach of the Permitted use clause or the Restrictions clause;
providing the Service is against the law; or
any amount due under a Paid Plan is more than 30 days overdue.
NTSWAKAZA must make a reasonable effort to inform you about the suspension and give updates about when access will be resumed.
NTSWAKAZA must try to restore access to the Service as soon as possible once the issue is resolved.
NTSWAKAZA is not liable for losses caused by a suspension applied in accordance with this clause, and must refund the fees you have paid for any part of a billing period during which you had no access for a reason other than your breach or your non-payment.
Retained rights: NTSWAKAZA retains all right, title and interest in and to the Service, including all software included in and used to provide it.
Changes: NTSWAKAZA may change the Service, provided the changes do not materially reduce the features of a Paid Plan you are paying for during a billing period. If a change does materially reduce them, you may cancel that Paid Plan and NTSWAKAZA must refund the fees you have paid for the remainder of the billing period. Your purchase does not depend on NTSWAKAZA delivering any future feature or functionality.
AI-ASSISTED TUTORING
When an AI Feature runs: An AI Feature runs only when you ask for it, by asking the tutor, generating practice, pressing “Process paper”, or using another function that states that it uses artificial intelligence.
What we send: When you use an AI Feature, NTSWAKAZA sends the AI Provider your Input. NTSWAKAZA does not send your nickname, your school or your contact details.
Outputs: Outputs are generated by automated systems and may be inaccurate, incomplete or otherwise unsuitable for use without further review. NTSWAKAZA does not warrant that any Output is correct, complete, current or fit for any particular purpose.
You must check anything important against your teacher, your prescribed material, your textbook or another authoritative source.
You are responsible for the content, legality and accuracy of your Inputs.
The AI Provider: It processes Inputs and Outputs on NTSWAKAZA's instruction. NTSWAKAZA does not keep the photographs or documents you upload, and must not permit the AI Provider to use an Input to train or improve a model.
Restrictions on AI Features: You must not use an AI Feature or an Output to infringe another person's intellectual property, privacy or other rights; to develop, train or improve any separate artificial-intelligence or machine-learning model; to represent an Output as reviewed, approved or authored by NTSWAKAZA; or in any manner that is discriminatory, harmful, harassing or deceptive.
LIABILITY
Definitions:
“Liability Cap” means an amount equal to the fees you have paid NTSWAKAZA for a Paid Plan in the 12 months before the event giving rise to the liability.
Liability cap: Except for the liabilities below that cannot be limited, NTSWAKAZA's total liability to you arising out of or in connection with these Terms, whether in contract, delict or otherwise and however caused, is limited to the Liability Cap.
Non-excludable liabilities: Nothing in these Terms limits or excludes NTSWAKAZA's liability for:
any liability which cannot be limited or excluded under applicable law;
death or personal injury caused by its negligence; or
fraud, gross negligence or wilful misconduct.
Unrecoverable losses: NTSWAKAZA is not liable to you for any indirect, consequential or special loss or damage, including any:
loss of profits;
loss of anticipated savings;
loss of goodwill; or
loss of data,
in each case to the extent that the loss or damage is indirect or consequential in nature.
Exceptions to the unrecoverable-loss exclusion: The exclusion above does not apply to:
any act or omission that is grossly negligent;
any act or omission that causes personal injury or death; or
any act or omission that causes damage to tangible property.
WARRANTIES
Our warranties: NTSWAKAZA warrants that it has the legal right and authority to make the Service available to you, and that it will provide the Service with reasonable care and skill.
Non-conformity warranty: NTSWAKAZA warrants that the Service will, in all material respects, conform to the way it is described on the Service when used in accordance with these Terms.
Remedies for breach: If you reasonably believe that there has been a breach of the non-conformity warranty, you must notify NTSWAKAZA and give reasonable details of the alleged non-conformity. NTSWAKAZA must then, at its option:
use commercially reasonable efforts to correct the non-conformity;
provide a workaround or alternative means of achieving substantially the same functionality; or
replace the affected part of the Service with something substantially equivalent.
If NTSWAKAZA does not remedy the non-conformity within 30 days after the notice, you may cancel your Paid Plan by notice and NTSWAKAZA must refund the fees you have paid for the unused part of the billing period. These remedies are your sole remedies for breach of this warranty, subject to the Consumers clause.
Exclusions: NTSWAKAZA is not obliged to remedy any non-conformity to the extent it results from:
any modification or alteration of the Service by any person other than NTSWAKAZA or its subcontractors;
use of the Service in breach of these Terms or applicable law; or
use of the Service for a purpose or in a manner not reasonably contemplated by these Terms.
Refunds: Any refund or credit paid by NTSWAKAZA under this clause is taken into account when calculating whether the Liability Cap has been reached.
Disclaimer of other warranties:
Except for the warranties expressly set out in these Terms, and to the maximum extent permitted by applicable law, the Service and all other materials provided by NTSWAKAZA are provided “as is” and “as available”, and NTSWAKAZA disclaims all other warranties, representations and conditions, whether express, implied, statutory or otherwise, including any implied warranty of satisfactory quality or fitness for a particular purpose, or that the Service will be error-free or uninterrupted.
ENDING THESE TERMS
How you end these Terms:
You may stop using the Service at any time. If you have a Paid Plan, the Cancellation Policy and the Consumers clause apply.
How we end these Terms: NTSWAKAZA may end these Terms and your access to the Service on 30 days' notice to you, or immediately if you materially breach the Permitted use clause or the Restrictions clause and fail to remedy that breach within 14 days after receiving written notice describing it.
Ending for a change in law:
If a change in law, or a binding order of a competent authority, makes it unlawful or commercially impracticable for NTSWAKAZA to continue providing the Service on these terms, NTSWAKAZA must notify you.
NTSWAKAZA may then end these Terms on at least 30 days' notice to you, and must refund the fees you have paid in advance for any part of the Service that will not be provided after termination.
Effect of termination: On termination or expiry of these Terms your right to access and use the Service ends; you must pay all amounts that accrued before termination; the Your data clause applies to your Content; rights and liabilities that accrued before termination are not affected; and the Liability, Intellectual Property, Consumers, Dispute Resolution and Miscellaneous clauses survive.
YOUR DATA
Deleting your data in the Service: The Service provides controls that let you delete your progress, mastery, streak and attempt history, your learner profile, and the papers saved on your device.
Deletion on termination: NTSWAKAZA will delete or irreversibly de-identify your learner profile and progress data within 30 days after these Terms end.
Retention: NTSWAKAZA may retain data to the extent required by law, and may retain the AI-usage counts used to enforce usage limits.
DATA PROTECTION
Roles: NTSWAKAZA is the responsible party for the personal information it processes through the Service, and the AI Provider is its operator, under the Protection of Personal Information Act 4 of 2013.
Security: NTSWAKAZA must maintain appropriate, reasonable technical and organisational measures to protect your personal information.
INTELLECTUAL PROPERTY
Your rights: You own all Intellectual Property Rights in your Content.
Our rights: NTSWAKAZA owns all Intellectual Property Rights in and to:
the Service, including all software, source code, object code, interfaces, algorithms, databases, questions, explanations and underlying systems used to provide it; and
all other material created, developed or provided by or on behalf of NTSWAKAZA in connection with these Terms, excluding your Content.
Licence to NTSWAKAZA: You grant NTSWAKAZA the right to host, copy, process, transmit and display your Content, solely to provide the Service to you. The licence ends when the Content is removed.
Papers you upload: You may upload a past paper or other material only if you are entitled to do so. These Terms give you no right in material owned by another person.
Removing Content: NTSWAKAZA may remove Content that breaches the Restrictions clause.
Usage data: NTSWAKAZA may collect and use data about the use and performance of the Service to operate, improve and support it. NTSWAKAZA may disclose that data only in an aggregated and de-identified form that does not identify you or any other natural person.
Feedback: You grant NTSWAKAZA a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, royalty-free licence to use, copy, modify, create derivative works from and otherwise exploit any idea, suggestion, comment, enhancement request or other feedback you give NTSWAKAZA about the Service or its business, for any lawful purpose, without any obligation to compensate you or to attribute it to you.
FORCE MAJEURE
No liability: NTSWAKAZA is not liable for failure or delay in performing its obligations under these Terms to the extent caused by an event beyond its reasonable control, including a natural disaster, fire, flood, epidemic, war, terrorism, riot, sabotage, embargo or other sanction, government action, strike or other industrial dispute, or a failure of power, telecommunications or internet infrastructure.
Obligations: If a force majeure event occurs, NTSWAKAZA must:
make a reasonable effort to inform you of the event and the performance affected;
use reasonable endeavours to overcome the event; and
continue to perform its obligations as far as practicable.
If the event continues for 30 consecutive days, either of us may end these Terms on notice, and NTSWAKAZA must refund the fees paid in advance for the Service not provided.
DISPUTE RESOLUTION
Talk to us first: If you have a complaint about the Service, contact NTSWAKAZA at support@ntswakazah.co.za. NTSWAKAZA must consider your complaint and try to resolve it with you within 20 Business Days.
Mediation: If the complaint is not resolved within that period, either of us may refer the dispute to mediation:
The mediation shall be administered by the Arbitration Foundation of Southern Africa (“AFSA”) in accordance with the AFSA Mediation Rules then in force.
Unless otherwise agreed, we share the mediator's fees and AFSA's administrative charges equally.
Either of us may be legally represented at the mediation.
The mediation will be treated as without prejudice and confidential and nothing said or disclosed in the mediation may be used in any later proceedings, except to the extent required by law.
Arbitration: If the dispute is not resolved within 30 days after it has been referred to mediation, it must be finally resolved by arbitration, subject to the Consumers clause:
The arbitration shall be administered by AFSA in accordance with the AFSA Arbitration Rules then in force.
The arbitration will be conducted by a single arbitrator appointed by agreement between us, failing which by AFSA.
The arbitrator's award will be final and binding, with no right of appeal, and may be made an order of court by any court of competent jurisdiction.
Unless the arbitrator decides otherwise in an award on costs, we share the arbitrator's fees and AFSA's administrative charges equally.
Interim relief: Nothing in this clause prevents either of us from seeking urgent or interim relief from a court of competent jurisdiction.
Confidentiality: All dispute resolution proceedings under this clause, and all information disclosed in those proceedings (including any award), are confidential, except to the extent disclosure is required by law or to enforce or challenge an award.
CONSUMERS
Application: This clause applies if you are a Consumer. If this clause conflicts with any other clause, this clause prevails. Nothing in these Terms limits a right that a Consumer has under the CPA, under ECTA or under any other law that cannot be limited or excluded.
Cooling-off: A Consumer who is a natural person may cancel a Paid Plan, without reason or charge, by written notice within 7 days after it started, and NTSWAKAZA must refund all payments within 30 days after the cancellation. This right does not apply if the Paid Plan begins, with the Consumer's consent, before the end of that 7-day period.
Direct marketing: If a Paid Plan results from direct marketing and the Cooling-off clause does not apply to it, the Consumer may rescind it without reason or penalty, by notice in writing or another recorded form, within 5 Business Days after it was concluded, and NTSWAKAZA must promptly refund any payment received.
Fixed Term: If the Consumer is a natural person and a Paid Plan runs for a fixed term:
the fixed term may not exceed 24 months;
the Consumer may cancel at the end of the term without charge, or at any other time on 20 Business Days' written notice;
on early cancellation, the Consumer must pay all amounts owed up to the cancellation date and a reasonable cancellation charge that complies with the CPA;
NTSWAKAZA must give the Consumer written notice of the impending end of the term, and of any changes that will apply on renewal, no more than 80 and no fewer than 40 Business Days before the end of the term; and
at the end of the term, the Paid Plan continues month to month on the notified terms, unless the Consumer cancels it or expressly agrees to renew it.
Quality and remedies: A Consumer keeps all rights and remedies the CPA gives in respect of the quality of the service, despite the Warranties clause.
Liability: The limitations in the Liability clause do not apply to loss attributable to NTSWAKAZA's gross negligence.
Disputes: A Consumer is not obliged to mediate or arbitrate. A Consumer may use the Dispute Resolution clause, or may pursue any remedy available under the CPA, including referral to the National Consumer Commission, an accredited ombud, a consumer court or a court.
Notices: A notice to a Consumer takes effect only when the Consumer actually receives it.
MISCELLANEOUS
Governing law: The laws of the Republic of South Africa govern these Terms, and you and NTSWAKAZA submit to the jurisdiction of the South African courts.
Amendments and waivers:
No amendment to these Terms agreed between you and NTSWAKAZA is effective unless it is in writing, identified as an amendment and signed by each of us. An exchange of data messages does not satisfy this clause.
A failure to exercise a right arising from these Terms is not a waiver of that right.
Updated terms: NTSWAKAZA may publish updated Terms. An update applies from the date stated when it is published, which must be at least 30 days after publication, unless an earlier date is necessary to address a security risk or to comply with law. NTSWAKAZA must tell you about an update by a notice in the Service and, where NTSWAKAZA has an email address for you, by email, at the same time. NTSWAKAZA may not change the fees for a Paid Plan during a billing period, or the Liability, Consumers or Dispute Resolution clauses, by publishing updated Terms. If you do not accept an update, you may cancel your Paid Plan under the Cancellation Policy before it takes effect, and NTSWAKAZA must refund the fees you have paid for the part of the billing period that follows the cancellation.
Cession and delegation:
You may not cede any right or delegate any obligation under these Terms.
NTSWAKAZA may cede its rights and delegate its obligations under these Terms, on notice to you, to a person who acquires all or substantially all of its business, provided the transfer does not reduce your rights under these Terms.
Any other attempted transfer is void. These Terms bind and benefit the parties' permitted successors and assigns.
Subcontracting: NTSWAKAZA may subcontract its obligations, but remains responsible for its subcontractors' performance and for their compliance with these Terms.
No rights to third parties: Nothing in these Terms confers on any other person any right, benefit or remedy.
How notices work: You must send any notice under these Terms to support@ntswakazah.co.za. NTSWAKAZA may give you a notice in the Service or, where it has an email address for you, by email. A notice takes effect when the person to whom it is addressed actually receives it. NTSWAKAZA's address for the service of legal documents (domicilium citandi et executandi) is 16 Dartford Drive, Parklands, Cape Town, Western Cape, 7441.
Entire agreement: These Terms are the entire agreement between you and NTSWAKAZA about their subject matter and supersede all prior agreements, representations and warranties about that subject matter.
Severability: If any provision of these Terms is or becomes illegal, unenforceable or invalid, it must be read as modified to the extent required to cure the illegality, unenforceability or invalidity. If modification is not possible, the provision is severed and the rest of these Terms remain in force.