Terms of Service

These Terms of Service ("Terms") govern your access to and use of X-Area ("the Platform", "we", "us", or "our"). By creating an account or using X-Area, you agree to be bound by these Terms. Please read them carefully.

1. Acceptance of Terms

By accessing or using X-Area, you confirm that you are at least 18 years of age, have the legal authority to enter into this agreement, and agree to comply with these Terms. If you are using X-Area on behalf of an organisation, you represent that you have authority to bind that organisation.

2. Description of Service

X-Area is a cloud-based attendance and session management platform designed for tutoring companies and independent tutors. The Platform enables users to create sessions, manage students, generate shareable session links, and track attendance in real time.

3. Account Registration

To use X-Area you must register for an account. You agree to:

• Provide accurate, complete, and current information during registration
• Maintain the security of your password and account credentials
• Notify us immediately of any unauthorised access to your account
• Take responsibility for all activity that occurs under your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree not to use X-Area to:

• Violate any applicable law, regulation, or third-party rights
• Collect or store personal data of others without proper authority or consent
• Attempt to gain unauthorised access to any part of the Platform or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the Platform
• Transmit harmful, offensive, or unlawful content
• Use the Platform to send unsolicited communications

5. Data & Privacy

Your use of X-Area is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your information as described therein.

You are responsible for ensuring you have the appropriate consent and legal basis to enter student data (names and email addresses) into the Platform in accordance with POPIA and applicable data protection laws.

6. Intellectual Property

All content, design, code, logos, and materials on X-Area are the property of X-Area and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our express written permission.

You retain ownership of any data you input into the Platform (student records, attendance data, etc.). By using X-Area, you grant us a limited licence to store and process that data solely to provide the service.

7. Subscription & Payment

X-Area may offer free and paid subscription plans. Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except where required by law. We reserve the right to change pricing with 30 days' notice. Continued use after a price change constitutes acceptance of the new pricing.

8. Service Availability

We aim to provide a reliable, high-availability service. However, we do not guarantee uninterrupted access. We may perform maintenance, updates, or experience downtime beyond our control. We are not liable for any loss caused by unavailability of the Platform.

9. Limitation of Liability

To the maximum extent permitted by law, X-Area shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Platform. Our total liability to you for any claim shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Termination

You may terminate your account at any time by contacting us. We may suspend or terminate your access at any time if you breach these Terms, without notice or liability. Upon termination, your right to use the Platform ceases immediately.

11. Governing Law

These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Africa.

12. Changes to These Terms

We may update these Terms from time to time. We will provide notice of material changes via email or a platform notification. Continued use of X-Area after changes constitutes acceptance of the revised Terms.

13. Contact

For any questions regarding these Terms, please contact us at hello@x-area.app or visit our Contact page.