UGC Policy

USER-GENERATED CONTENT POLICY

1. INTRODUCTION

1.1 Purpose of this Policy

Sgela Edu Tech Proprietary Limited ("Sgela Edu Tech", "we", "us", or "our") provides an interactive educational platform that allows Users to create, upload, share, and interact with various forms of content. This User-Generated Content Policy ("UGC Policy") governs all content created, submitted, posted, or shared by Users on our Platform, including the Website, App, and any related Services.

This UGC Policy explains:

what content Users may upload and share;

who owns User-Generated Content;

the licences Users grant to Sgela Edu Tech and other Users;

our content moderation and removal practices;

prohibited content and conduct;

intellectual property rights;

educational integrity requirements;

child safety protections;

how to report violations; and

the consequences of violating this policy.

1.2 Relationship with Other Policies

This UGC Policy forms part of the Additional Terms referred to in our Terms of Service. It is incorporated by reference into the Terms of Service and should be read together with those Terms, the Privacy Policy, the AI Policy, the Copyright Policy, and the Community Guidelines. Capitalised terms used but not defined in this UGC Policy shall have the meanings ascribed to them in our Terms of Service.

In the event of any conflict between this UGC Policy and the Terms of Service, the Terms of Service shall prevail. In the event of any conflict between this UGC Policy and the Privacy Policy, the Privacy Policy shall prevail in respect of privacy-related matters.

1.3 Application of South African Law

This UGC Policy is governed by and interpreted in accordance with the laws of the Republic of South Africa, including:

the Protection of Personal Information Act, 2013 (POPIA);

the Electronic Communications and Transactions Act, 2002 (ECTA);

the Copyright Act 98 of 1978;

the Cybercrimes Act;

the Films and Publications Amendment Act;

the Consumer Protection Act;

the Children's Act; and

South African common law.

1.4 Acceptance of this Policy

By using our Services, creating an Account, or uploading, submitting, or sharing any content on our Platform, you acknowledge that you have read, understood, and agree to be bound by this UGC Policy. If you do not agree with any part of this UGC Policy, you must not upload, submit, or share any content on our Platform.

1.5 Users Under 18

If you are a Learner under the age of 18, your Parent/Legal Guardian must read and accept this UGC Policy on your behalf. By using the Services, you represent that you have the consent of your Parent/Legal Guardian to upload, submit, or share content on the Platform.

2. DEFINITIONS AND INTERPRETATION

2.1 Definitions

In this UGC Policy, unless the context otherwise requires:

2.2 Interpretation

In this UGC Policy, unless the context otherwise requires:

2.2.1 Words importing the singular shall include the plural and vice versa;

2.2.2 Words importing a natural person shall include a juristic person and vice versa;

2.2.3 Headings are for convenience only and shall not affect the interpretation;

2.2.4 References to any statute include any amendment or replacement thereof;

2.2.5 The word "including" shall be construed as "including without limitation".

3. WHAT IS USER-GENERATED CONTENT

3.1 Definition of User-Generated Content

"User-Generated Content" or "UGC" means any content, information, data, text, material, or other works that are created, submitted, posted, uploaded, transmitted, shared, or otherwise made available on or through the Platform by Users. UGC includes, but is not limited to:

3.1.1 Text Content:

questions and answers;

assignments and submissions;

study notes and summaries;

flashcards and study aids;

mind maps and concept diagrams;

discussion posts and comments;

reviews and ratings;

messages and chat communications;

profile information and bios;

AI prompts and queries;

AI conversations and chat history;

AI-generated responses and outputs;

code and scripts;

feedback and bug reports;

feature suggestions; and

all other textual content created by Users.

3.1.2 Multimedia Content:

photographs and images;

videos and animations;

audio recordings and podcasts;

avatars and profile pictures;

infographics and diagrams; and

all other visual or audio content created by Users.

3.1.3 Document Content:

PDF documents;

Microsoft Word documents;

PowerPoint presentations;

Excel spreadsheets;

text files;

educational resources;

teacher-created materials;

school-provided content;

group and collaborative content;

study guides;

practice questions and tests;

past papers and examination materials;

uploaded files and attachments; and

all other document content created or uploaded by Users.

3.1.4 Interactive Content:

AI-assisted content;

AI-generated summaries and explanations;

AI-generated practice questions;

AI chat conversations;

collaborative learning content;

study group content;

peer-reviewed content;

teacher feedback and comments; and

all other interactive content created by Users.

3.1.5 Other Content:

links to external resources;

saved content and bookmarks;

learning preferences and settings;

progress data and achievements;

badges and rewards; and

any other content contributed by Users to the Platform.

3.2 Scope of UGC

For the purposes of this UGC Policy, User-Generated Content includes:

3.2.1 Content created and submitted by Users;

3.2.2 Content uploaded by Users from external sources;

3.2.3 Content generated through AI Services at the User's direction;

3.2.4 Content shared through collaborative features;

3.2.5 Content posted in public or private areas of the Platform;

3.2.6 Content accessible to other Users; and

3.2.7 Content that is visible to Sgela Edu Tech staff for moderation purposes.

3.3 Content That Is Not UGC

For the avoidance of doubt, the following are not considered User-Generated Content under this UGC Policy:

3.3.1 Sgela Edu Tech's proprietary content, including the Platform interface, design, and branding;

3.3.2 Content licensed to Sgela Edu Tech from third-party providers;

3.3.3 System-generated content, including automated notifications and system messages;

3.3.4 AI-generated content provided directly by Sgela Edu Tech (as distinguished from AI-generated content created at a User's request); and

3.3.5 Anonymised or de-identified data used for analytical purposes.

4. OWNERSHIP OF USER-GENERATED CONTENT

4.1 User Ownership

4.1.1 General Principle

As a matter of South African copyright law, copyright subsists in original literary and artistic works automatically upon creation, without the need for registration . Users who create original content retain ownership of all Intellectual Property Rights in their User-Generated Content. This principle applies to all original content created by Users on or through the Platform .

4.1.2 Originality Requirement

Ownership rights apply only to content that is original and created by the User. Content that is copied from others, plagiarised, or otherwise infringes the Intellectual Property Rights of third parties is not owned by the User and is subject to the Prohibited Content provisions of this UGC Policy.

4.1.3 Joint and Collective Works

Where multiple Users contribute to the creation of content, ownership may be shared in accordance with applicable copyright law. It is the responsibility of contributing Users to agree on ownership arrangements. Sgela Edu Tech does not adjudicate disputes concerning joint ownership of UGC.

4.2 Licence Granted to Sgela Edu Tech

4.2.1 Scope of Licence

By uploading, submitting, or making available any User-Generated Content on or through the Platform, you grant Sgela Edu Tech a worldwide, non-exclusive, royalty-free, transferable (only where necessary), and sub-licensable (only where necessary) licence to use, host, store, display, cache, copy, index, back up, translate, reproduce, distribute, adapt, resize, convert formats, improve accessibility, display within the Platform, train moderation systems, operate AI educational services where permitted, and improve Platform functionality.

4.2.2 Purpose of Licence

This licence is granted for the following purposes:

4.2.2.1 To operate, maintain, and provide the Services;

4.2.2.2 To store and display UGC on the Platform;

4.2.2.3 To enable other Users to access and interact with UGC;

4.2.2.4 To improve, develop, and personalise the Services;

4.2.2.5 To conduct research and analytics to improve educational outcomes;

4.2.2.6 To train and improve AI and moderation systems;

4.2.2.7 To comply with legal and regulatory requirements; and

4.2.2.8 To enforce this UGC Policy and the Terms of Service.

4.2.3 Duration of Licence

The licence granted to Sgela Edu Tech continues for as long as the UGC remains on the Platform or as necessary for Sgela Edu Tech to fulfil its obligations and exercise its rights under the Terms of Service and this UGC Policy . If you delete your Account or remove your UGC from the Platform, the licence will terminate, provided that:

4.2.3.1 Sgela Edu Tech may retain copies of UGC as necessary for back-up, archival, or legal compliance purposes;

4.2.3.2 Sgela Edu Tech may continue to use anonymised or de-identified data derived from UGC for analytical and research purposes;

4.2.3.3 Sgela Edu Tech may retain UGC that has been incorporated into collaborative works or shared with other Users; and

4.2.3.4 Sgela Edu Tech may retain UGC as required by law .

4.3 Licence Granted to Other Users

4.3.1 Sharing Permissions

Where you choose to share your UGC with other Users (whether publicly, within a group, or with specific Users), you grant those Users a non-exclusive, royalty-free licence to access, view, download, and use your UGC for personal, non-commercial educational purposes, subject to the limitations set out in this UGC Policy.

4.3.2 Limitations on User Licences

Other Users may not:

4.3.2.1 Use your UGC for commercial purposes;

4.3.2.2 Republish or distribute your UGC outside the Platform;

4.3.2.3 Modify or adapt your UGC without your permission; or

4.3.2.4 Remove or alter any copyright notices or attribution.

4.3.3 No Transfer of Ownership

The licence granted to other Users does not transfer ownership of your UGC. All ownership rights remain with you.

4.4 Moral Rights

4.4.1 Recognition of Moral Rights

In terms of South African copyright law, authors of literary and artistic works have certain moral rights, including the right to be identified as the author and the right to object to derogatory treatment of their work. Sgela Edu Tech respects these rights.

4.4.2 Waiver of Moral Rights

To the extent permitted by law, you waive any moral rights that you may have in your UGC insofar as they are necessary for Sgela Edu Tech to exercise the rights granted under this UGC Policy. This waiver allows Sgela Edu Tech to modify, adapt, or otherwise use your UGC for the purposes described in this UGC Policy, provided that such use is not derogatory to your reputation.

4.5 Representations and Warranties

By uploading or submitting UGC, you represent and warrant that:

4.5.1 You own or have the necessary rights, licences, and permissions to upload and share the UGC;

4.5.2 The UGC is original and does not infringe the Intellectual Property Rights of any third party;

4.5.3 The UGC does not violate any law or regulation;

4.5.4 The UGC does not violate this UGC Policy, the Terms of Service, or the Community Guidelines;

4.5.5 You have obtained all necessary consents (including parental consent) to share the UGC;

4.5.6 The UGC does not contain Personal Information that you do not have the right to share; and

4.5.7 You are authorised to grant the licences set out in this UGC Policy.

5. AI-GENERATED CONTENT

5.1 Introduction

Sgela Edu Tech provides AI Services powered by Gemini by Google that enable Users to generate AI-assisted content, including notes, summaries, answers, assignments, practice questions, explanations, and other educational materials. This clause governs the creation, use, and sharing of AI-generated content on the Platform.

5.2 User Responsibility for AI-Generated Content

5.2.1 Attribution and Disclosure

When a User generates content using the AI Services, the User is responsible for:

5.2.1.1 Disclosing that the content was AI-generated where appropriate;

5.2.1.2 Not presenting AI-generated content as their own original work where academic integrity standards require original work;

5.2.1.3 Reviewing and verifying the accuracy of AI-generated content before using, sharing, or submitting it;

5.2.1.4 Understanding the limitations of AI Services, including the possibility of AI hallucinations or inaccuracies; and

5.2.1.5 Ensuring that AI-generated content complies with this UGC Policy, the Terms of Service, and academic integrity requirements.

5.2.2 Academic Integrity

Users must not use AI Services to:

5.2.2.1 Generate answers, assignments, or submissions that are intended to be presented as their own original work without proper attribution;

5.2.2.2 Complete assignments or assessments on behalf of another User;

5.2.2.3 Circumvent learning or assessment requirements;

5.2.2.4 Plagiarise AI-generated content; or

5.2.2.5 Violate the academic integrity policies of their school or institution.

5.3 Ownership of AI-Generated Content

5.3.1 General Principle

The User who initiates the generation of content using the AI Services retains ownership of the AI-generated content, subject to the licences granted under clause 4 of this UGC Policy .

5.3.2 Limitations on Ownership

The User's ownership of AI-generated content is subject to the following limitations:

5.3.2.1 The User does not own the underlying AI models, algorithms, or technology used to generate the content;

5.3.2.2 The User's ownership does not extend to content that is substantially similar to content generated by other Users;

5.3.2.3 The User's ownership does not prevent Sgela Edu Tech from using the AI-generated content for the purposes set out in this UGC Policy;

5.3.2.4 The User's ownership is subject to the terms of the AI Services provider; and

5.3.2.5 The User's ownership may be limited by academic integrity policies applicable to the User.

5.4 AI-Generated Content and Copyright

5.4.1 Originality and Copyright

Under South African copyright law, copyright protection is afforded to original literary and artistic works created by a natural person. The copyright status of AI-generated content is a developing area of law. Users are advised that:

5.4.1.1 AI-generated content may not qualify for copyright protection if it lacks human authorship;

5.4.1.2 Where AI-generated content is sufficiently original and incorporates human creative input, it may be protected by copyright;

5.4.1.3 Users should consult their own legal advice regarding the copyright status of AI-generated content; and

5.4.1.4 Sgela Edu Tech does not warrant that AI-generated content is eligible for copyright protection.

5.4.2 Attribution of AI Content

Users are encouraged to:

5.4.2.1 Clearly attribute AI-generated content as such;

5.4.2.2 Distinguish between AI-generated and human-created content; and

5.4.2.3 Not misrepresent AI-generated content as human-created content.

5.5 Limitations of AI Services

5.5.1 Accuracy Disclaimer

AI Services are provided for informational and educational purposes only. AI-generated content may contain errors, inaccuracies, or outdated information. Users must independently verify AI-generated content before relying on it.

5.5.2 No Guarantee of Outcomes

We do not guarantee that the use of AI Services will result in improved academic performance, increased success rates, or any specific educational outcomes.

5.5.3 AI Hallucinations

AI Services may generate responses that are factually incorrect, inconsistent, or nonsensical ("hallucinations"). Users must be aware of this limitation and should not rely on AI-generated content as a sole source of information.

5.6 Prohibited AI Use

The following uses of AI Services are prohibited:

5.6.1 Using AI Services to generate Prohibited Content;

5.6.2 Using AI Services to cheat or circumvent learning requirements;

5.6.3 Using AI Services to generate content that infringes the Intellectual Property Rights of third parties;

5.6.4 Using AI Services to generate content that is harmful, misleading, or deceptive;

5.6.5 Using AI Services to scrape or collect data from the Platform;

5.6.6 Prompt injection attacks or attempts to manipulate AI Systems;

5.6.7 Using AI Services to impersonate other Users; and

5.6.8 Using AI Services for any illegal or unauthorised purpose.

5.7 AI Moderation

Sgela Edu Tech may use AI systems to moderate UGC, including AI-generated content, to identify and remove Prohibited Content. Users acknowledge that AI moderation may not be perfect and may result in false positives or false negatives.

6. PROHIBITED CONTENT AND CONDUCT

6.1 General Principle

Sgela Edu Tech is committed to maintaining a safe, respectful, and educationally valuable platform for all Users. The following content and conduct are strictly prohibited on the Platform.

6.2 Intellectual Property Violations

6.2.1 Copyright Infringement

Users may not upload, share, or distribute content that infringes the copyright of third parties, including:

pirated textbooks and educational materials;

unauthorised copies of copyrighted works;

copyrighted past papers without permission;

unauthorised reproductions of teacher materials;

unlicensed software or media;

content that circumvents copyright protection measures;

content that facilitates copyright infringement; and

any other content that violates the Copyright Act 98 of 1978.

6.2.2 Trademark and Other IP Violations

Users may not:

use third-party trademarks without authorisation;

impersonate brands or organisations;

use intellectual property of others without permission; or

engage in passing off or unfair competition.

6.3 Academic Misconduct

6.3.1 Cheating and Exam Dishonesty

Users may not upload, share, or use content that facilitates academic dishonesty, including:

exam papers that have not been officially released;

leaked exam or test materials;

answers to current assignments or assessments;

content designed to help others cheat;

unauthorised sharing of teacher materials;

content that undermines the integrity of assessments;

homework completion services or essay mills; and

any content that violates the academic integrity policies of the User's school or institution.

6.3.2 Plagiarism

Users may not:

submit others' work as their own;

copy content without attribution;

use AI-generated content without disclosure where required;

present AI content as original human work; or

violate academic integrity standards.

6.4 Harmful and Dangerous Content

6.4.1 Hate Speech and Discrimination

Users may not upload, share, or promote content that:

promotes hatred, violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic;

contains racist, sexist, homophobic, transphobic, or other discriminatory language;

promotes supremacy or extremism;

uses derogatory or dehumanising language; or

incites discrimination or violence against any group or individual.

6.4.2 Bullying, Harassment, and Threats

Users may not:

bully, harass, intimidate, or threaten other Users;

engage in cyberbullying;

post content intended to humiliate or embarrass others;

threaten violence or harm;

stalk or cyberstalk other Users;

engage in repeated unwanted contact;

encourage others to harass or bully;

create fake accounts to harass others; or

engage in any conduct that causes harm or distress to others.

6.4.3 Violence and Dangerous Activities

Users may not:

promote, glorify, or encourage violence;

post content depicting violence, gore, or cruelty;

promote dangerous challenges or harmful activities;

provide instructions for illegal or dangerous activities;

promote suicide, self-harm, or eating disorders; or

content that could cause physical or psychological harm.

6.5 Illegal and Criminal Content

Users may not upload, share, or promote content that:

violates any South African law;

promotes or facilitates criminal activity;

constitutes child exploitation or child sexual abuse material;

promotes terrorism or violent extremism;

contains malware, viruses, or harmful code;

facilitates phishing, fraud, or scams;

promotes illegal gambling, drug sales, or weapons;

contains revenge content or non-consensual intimate images;

constitutes doxxing (publishing private information);

facilitates human trafficking or exploitation;

promotes illegal downloads or circumvention of laws; or

violates the Cybercrimes Act.

6.6 Sexual Content and Child Safety

6.6.1 Prohibited Sexual Content

Users may not upload, share, or promote:

pornography or sexually explicit content;

nudity (except for legitimate educational purposes);

sexualised content involving minors;

content that sexually exploits or endangers children;

non-consensual intimate images;

revenge content;

sexual harassment or unwanted sexual advances;

grooming or predatory behaviour;

child exploitation content of any kind; or

content that violates the Films and Publications Amendment Act.

6.6.2 Child Endangerment

Child endangerment content is strictly prohibited. This includes:

content that exploits, abuses, or endangers children;

content that facilitates grooming or inappropriate contact with minors;

content that violates the Children's Act; and

any content that puts children at risk.

6.7 Misinformation and Deception

Users may not upload, share, or promote:

false or misleading information;

conspiracy theories;

deepfakes or manipulated content intended to deceive;

impersonation of other Users or entities;

fraudulent content;

deceptive or misleading advertising;

content designed to manipulate others;

fake news or disinformation; or

content that undermines trust in educational institutions.

6.8 Malicious and Disruptive Content

Users may not:

upload malware, viruses, or harmful code;

engage in phishing or social engineering;

spam the Platform with repetitive or irrelevant content;

engage in automated scraping or data collection;

attempt to circumvent security measures;

perform denial-of-service attacks;

disrupt the Platform's functionality; or

engage in any activity that could harm the Platform or its Users.

6.9 AI Abuse

Users may not:

use AI Services to generate Prohibited Content;

engage in prompt injection attacks;

attempt to manipulate AI Systems;

use AI to impersonate others;

use AI to bypass content moderation;

use AI to scrape or collect data; or

use AI in any way that violates this UGC Policy.

6.10 Privacy Violations

Users may not:

share Personal Information of others without consent;

post contact details, identity documents, or financial information of others;

engage in doxxing or stalking;

violate the Privacy Policy; or

process Personal Information without lawful grounds.

6.11 Other Prohibited Conduct

Users may not:

create fake accounts or impersonate others;

engage in trolling or disruptive behaviour;

attempt to circumvent content moderation;

encourage others to violate this UGC Policy;

test the boundaries of this Policy in bad faith;

engage in any conduct that undermines the educational mission of Sgela;

use the Platform for commercial purposes without authorisation;

engage in activities that harm the reputation of Sgela; or

violate the Community Guidelines.

7. MODERATION

7.1 Our Commitment to Moderation

Sgela Edu Tech is committed to maintaining a safe and educationally valuable Platform. We implement robust, effective, and ongoing moderation systems to review, monitor, and take action on UGC. We use a combination of automated, AI-assisted, and human review processes .

7.2 Moderation Methods

7.2.1 Automated Moderation

We use automated systems to:

scan UGC for Prohibited Content;

detect spam, malware, and malicious content;

identify potential copyright infringement;

flag content for human review;

enforce content restrictions; and

maintain Platform security.

7.2.2 AI-Assisted Moderation

We use AI systems to assist with moderation, including:

analysing content for potential policy violations;

detecting patterns of misuse;

identifying potentially harmful content;

triaging reports for human review;

prioritising urgent concerns; and

improving moderation efficiency.

7.2.3 Human Review

We conduct human review of UGC in the following circumstances:

content flagged by automated systems;

content reported by Users;

content that requires subjective assessment;

appeals of moderation decisions;

content involving child safety concerns;

complex legal issues;

content requiring contextual understanding; and

quality assurance purposes.

7.3 Moderation Actions

Where content is found to violate this UGC Policy, the Terms of Service, or applicable law, we may take one or more of the following actions:

7.3.1 Content Actions:

content removal;

content redaction (removing specific portions);

content blocking (preventing access);

content warning (placing a notice before content);

content hiding (removing from public view);

content archiving; and

content review (placing content under observation).

7.3.2 Account Actions:

warning;

temporary suspension;

permanent ban;

account restriction (limiting functionality);

content deletion;

account termination; and

referral to law enforcement or authorities.

7.4 Factors Considered in Moderation

When making moderation decisions, we consider:

severity of the violation;

intent and context;

history of violations;

type of content and its educational value;

the potential harm to Users;

applicable laws and regulations;

the best interests of the Sgela community;

the educational mission of the Platform; and

any other relevant factors.

7.5 Moderation Limitations

7.5.1 No Guarantee of Perfect Moderation

Given the volume of UGC on the Platform, we cannot guarantee that all Prohibited Content will be detected or removed. We rely on Users to report violations.

7.5.2 Discretion

We have absolute discretion to determine whether content violates this UGC Policy, the Terms of Service, or applicable law. Our decisions are final, subject to the appeal process set out in this UGC Policy.

7.5.3 Right to Remove

We reserve the right, in our sole discretion, to remove any UGC at any time without prior notice, for any reason or no reason, including:

content that violates this UGC Policy or the Terms of Service;

content that violates applicable law;

content that creates legal or reputational risk;

content that is or may be harmful to Users;

content that contains misinformation; or

content that contains malicious or harmful code.

8. REPORTING PROHIBITED CONTENT

8.1 How to Report

Users can report content or conduct that violates this UGC Policy, the Terms of Service, the Community Guidelines, or applicable law through the following methods:

8.1.1 In-App Reporting

Use the "Report" button available on content items;

Use the "Report User" function on User profiles; and

Use the reporting function in the AI chat interface.

8.1.2 Reporting by Email

Email: support@sgela.co.za; or

Email: Terms@sgela.co.za (for privacy or legal concerns).

8.1.3 Emergency Reporting For content involving immediate danger or child safety concerns, contact us immediately at Terms@sgela.co.za.

8.2 What to Include in a Report

To help us process your report efficiently, please include:

a link to or description of the content you are reporting;

the name or username of the User who posted the content;

a description of why you believe the content violates our policies;

supporting evidence where available; and

your contact details (if you wish to receive a follow-up).

8.3 Anonymous Reporting

You may report Prohibited Content anonymously, but we may not be able to follow up with you without contact details.

8.4 Reporting Process

When you submit a report:

8.4.1 Acknowledgment We will acknowledge receipt of your report as soon as reasonably possible.

8.4.2 Initial Assessment We will conduct an initial assessment to determine whether the report requires investigation.

8.4.3 Investigation Where an investigation is required, we will:

review the reported content;

assess whether it violates our policies;

consider the context and intent;

review the User's history;

consult relevant policies and laws; and

take appropriate action.

8.4.4 Decision We will make a determination and take appropriate action.

8.4.5 Notification We will notify the reporting User of the outcome of the investigation (unless we decide not to for legal or operational reasons).

8.5 Response Times

We aim to respond to reports within:

24 hours for urgent matters (child safety, immediate danger, illegal content);

48 hours for serious violations (harassment, threats, hate speech);

5 business days for other violations; and

10 business days for complex matters.

8.6 Good Faith Reporting

Users are encouraged to report Prohibited Content in good faith. False or malicious reports are a violation of this UGC Policy and may result in Account action.

8.7 Protection of Reporting Users

We do not tolerate retaliation against Users who report violations in good faith. If you experience retaliation, please report it to us immediately.

9. APPEALS

9.1 Right to Appeal

Where we take action against your UGC or Account, you have the right to appeal the decision.

9.2 How to Appeal

To appeal, email Terms@sgela.co.za with:

"Appeal" in the subject line;

a description of the decision you are appealing;

why you believe the decision was incorrect;

the content or conduct in question; and

any supporting evidence.

9.3 Appeal Process

When you submit an appeal:

9.3.1 Acknowledgement We will acknowledge receipt of your appeal.

9.3.2 Review We will review the decision, considering:

the original reason for the action;

any new information or context provided;

our policies and applicable law;

the severity of the violation;

your User history; and

the best interests of the Sgela community.

9.3.3 Decision We will make a final determination and communicate it to you.

9.4 Timeframes

We aim to resolve appeals within:

5 business days for simple matters; and

10 business days for complex matters.

9.5 Final Decision

The outcome of the appeal process is final and binding.

9.6 No Further Review

Once the appeal process is exhausted, no further internal review is available.

10. COPYRIGHT AND INTELLECTUAL PROPERTY

10.1 General Principle

Sgela Edu Tech respects the Intellectual Property Rights of others and expects Users to do the same. This clause should be read in conjunction with our Copyright Policy.

10.2 Copyright Infringement

10.2.1 Prohibition

Users may not upload, share, or distribute content that infringes the copyright of any third party.

10.2.2 Fair Dealing

South African copyright law allows for fair dealing for the purposes of research, private study, criticism, review, and education. Users must ensure that their use of copyrighted materials falls within the fair dealing provisions of the Copyright Act.

10.2.3 Educational Use

Users must ensure that any use of copyrighted materials for educational purposes is permitted by law, including:

fair dealing for educational purposes;

use of materials with permission; and

use of materials in the public domain.

10.3 Notice and Takedown

10.3.1 DMCA-Style Notice

If you believe that your copyright has been infringed by UGC on the Platform, you may submit a notice to Terms@sgela.co.za.

10.3.2 Notice Requirements

Your notice must include:

your name and contact details;

a description of the copyrighted work;

a description of the allegedly infringing content;

the location of the infringing content on our Platform;

a statement of good faith belief that the use is unauthorised;

a statement of accuracy and authority; and

your signature (physical or electronic).

10.3.3 Action on Notice

Upon receipt of a valid notice, we will:

remove or disable access to the allegedly infringing content;

notify the User who posted the content;

provide the User with an opportunity to respond; and

comply with applicable law.

10.4 Counter-Notice

10.4.1 Right to Counter-Notice

If your content has been removed due to a copyright notice and you believe the removal was in error, you may submit a counter-notice.

10.4.2 Counter-Notice Requirements

Your counter-notice must include:

your name and contact details;

a description of the removed content;

the location where the content appeared;

a statement under penalty of perjury that you have a good faith belief the content was removed in error;

a statement consenting to jurisdiction; and

your signature (physical or electronic).

10.4.3 Action on Counter-Notice

Upon receipt of a valid counter-notice, we may:

restore the content (unless we receive further notice of legal action);

notify the complainant; and

comply with applicable law.

10.5 Repeat Infringers

10.5.1 Policy

We have a policy of terminating the Accounts of repeat infringers in appropriate circumstances.

10.5.2 Determination

Repeat infringer status is determined based on:

the number of valid copyright notices received;

the severity of the infringements;

the User's response to notices;

whether the User has acted in good faith; and

all relevant circumstances.

10.5.3 Consequences

Consequences for repeat infringers may include:

warnings;

content removal;

temporary suspension;

permanent ban; and

Account termination.

11. PRIVACY AND PERSONAL INFORMATION

11.1 Relationship with Privacy Policy

This UGC Policy should be read in conjunction with our Privacy Policy. Nothing in this UGC Policy overrides the Privacy Policy regarding the processing of Personal Information.

11.2 Personal Information in UGC

11.2.1 User Responsibility

Users are responsible for ensuring that any Personal Information included in UGC is shared in compliance with the Privacy Policy and POPIA.

11.2.2 Prohibited Sharing

Users may not share Personal Information of others without consent, including:

names, contact details, or identification numbers;

photographs or images without consent;

sensitive Personal Information; or

any other Personal Information without lawful grounds.

11.2.3 Sharing of Learner Information

Parents/Legal Guardians consent to the sharing of Learner Personal Information as described in the Privacy Policy.

11.3 Privacy Rights of Content Subjects

Where UGC contains Personal Information about others, those Data Subjects have rights under POPIA, including:

the right to access;

the right to correction;

the right to deletion; and

the right to object.

11.4 Moderation and Privacy

Moderation personnel are bound by confidentiality obligations and are trained on privacy requirements. Moderation does not constitute a transfer of ownership or a waiver of privacy rights.

11.5 Retention of UGC

UGC is retained in accordance with the Privacy Policy.

11.6 International Transfers

UGC may be processed in other countries where we or our service providers are located. Such processing is subject to the provisions of the Privacy Policy regarding international transfers.

12. EDUCATIONAL INTEGRITY

12.1 Commitment to Educational Integrity

Sgela Edu Tech is committed to maintaining the highest standards of educational integrity. The Platform is designed to support learning, not to enable academic dishonesty.

12.2 Original Work

12.2.1 Requirement

Users must ensure that content submitted as their own work is original and created by them.

12.2.2 Citations

Where Users incorporate the work of others, they must provide appropriate citations and acknowledgements.

12.2.3 Plagiarism

Plagiarism is strictly prohibited. Plagiarism includes:

copying the work of others without attribution;

submitting others' work as one's own;

paraphrasing without attribution;

using AI-generated content as original work without disclosure; and

any other form of academic dishonesty.

12.3 Exam and Assessment Honesty

12.3.1 Prohibition on Cheating

Users may not use the Platform to cheat on exams, assessments, or assignments.

12.3.2 Prohibition on Sharing Exam Materials

Users may not share:

unreleased exam papers;

leaked assessment materials;

answers to current assignments;

any content that would give an unfair advantage; or

content that undermines assessment integrity.

12.3.3 Teacher Materials

Users may not share teacher materials without permission, including:

lesson plans;

examination papers;

assessments; or

any teacher-created materials.

12.4 AI Disclosure

12.4.1 Requirement

Where academic integrity standards require disclosure of AI use, Users must disclose the use of AI Services.

12.4.2 Acceptable AI Use

Acceptable AI use includes:

generating study notes and summaries;

creating practice questions;

explaining concepts;

providing examples; and

supporting independent learning.

12.4.3 Unacceptable AI Use

Unacceptable AI use includes:

generating answers for assessments;

completing assignments on behalf of others;

presenting AI output as original work;

circumventing learning requirements; and

any other use that undermines learning.

12.5 Academic Misconduct Consequences

Where academic misconduct is identified, we may:

remove the content;

warn the User;

suspend or terminate the Account;

notify the relevant school or institution (where applicable); and

take any other appropriate action.

12.6 School and Institutional Policies

Users must comply with the academic integrity policies of their school or institution. Violations of school policies may result in additional consequences.

13. CHILD SAFETY AND PROTECTION

13.1 Commitment to Child Safety

Sgela Edu Tech serves Learners under the age of 18. We are committed to protecting children from harm, exploitation, and inappropriate content. Child safety is our priority.

13.2 Age Restrictions

13.2.1 General Age Policy

Users under 18 require parental consent and supervision.

13.2.2 Verification

We may take steps to verify age and parental consent.

13.2.3 Prohibition on Child Exploitation

Child exploitation content is strictly prohibited and will be reported to the authorities.

13.3 Parental Oversight

13.3.1 Parental Role

Parents/Legal Guardians are responsible for:

monitoring their child's use of the Platform;

reviewing content their child accesses and creates;

discussing online safety with their child;

reporting concerns to us; and

ensuring their child complies with this UGC Policy.

13.3.2 Access to Child Content

Parents/Legal Guardians have access to their child's content and activity through their Account.

13.4 Appropriate Communication

13.4.1 Safe Interaction

Users must interact with others in a respectful, age-appropriate manner. Inappropriate communication, including sexualised, predatory, or grooming behaviour, is strictly prohibited.

13.4.2 Prohibited Solicitation

Users may not:

solicit Personal Information from minors;

engage in private messaging that is inappropriate;

attempt to meet minors offline;

engage in grooming behaviour; or

any other behaviour that could endanger children.

13.5 Reporting Child Safety Concerns

13.5.1 Immediate Reporting

If you become aware of child safety concerns, including:

child exploitation;

grooming;

inappropriate contact;

any content that endangers children; or

any suspected criminal activity involving children;

you must report it immediately to Terms@sgela.co.za.

13.5.2 Authorities

We will report child safety concerns to the relevant authorities as required by law.

13.6 Cooperation with Authorities

We cooperate with law enforcement and child protection authorities to protect children.

13.7 Child Safety Training

Our moderation personnel are trained to identify and respond to child safety concerns.

14. USER RESPONSIBILITIES AND CONDUCT

14.1 General Responsibilities

Users are responsible for:

understanding and complying with this UGC Policy;

ensuring their UGC is lawful and compliant;

respecting the rights of others;

maintaining civility and respect;

using the Platform in good faith;

protecting their Account security;

reporting violations they observe; and

contributing positively to the Sgela community.

14.2 Content Responsibility

Users must:

upload only content they own or have the right to share;

ensure content is accurate and truthful;

not upload Prohibited Content;

not infringe the rights of others;

not violate any law; and

not violate academic integrity.

14.3 Respecting Privacy

Users must:

not share Personal Information of others without consent;

respect the privacy settings of others;

not engage in doxxing or stalking; and

comply with the Privacy Policy.

14.4 Respecting Intellectual Property

Users must:

not infringe the Intellectual Property Rights of others;

give proper attribution;

respect fair dealing limitations; and

comply with the Copyright Policy.

14.5 Maintaining Civility

Users must:

treat others with respect;

not engage in harassment, bullying, or threats;

not use hate speech or discriminatory language;

not engage in trolling or disruptive behaviour; and

comply with the Community Guidelines.

14.6 Responsible AI Use

Users must:

use AI Services responsibly;

disclose AI use where required;

not abuse AI Services;

not use AI to generate Prohibited Content; and

not use AI to circumvent learning requirements.

14.7 Reporting Obligations

Users must:

report Prohibited Content they observe;

report violations of this UGC Policy;

report child safety concerns;

report security concerns; and

report in good faith.

14.8 Account Security

Users must:

protect their Account credentials;

not share their Account;

not use another User's Account;

log out when not in use; and

report unauthorised access.

15. ENFORCEMENT AND CONSEQUENCES

15.1 General Principle

We take violations of this UGC Policy seriously. We will take appropriate action to protect the Sgela community and maintain the integrity of the Platform.

15.2 Enforcement Actions

Depending on the nature and severity of the violation, we may take one or more of the following actions:

15.2.1 Warnings

issuance of a formal warning;

notification of the violation; and

guidance on compliance.

15.2.2 Content Actions

content removal;

content redaction;

content blocking;

content hiding; and

content archiving.

15.2.3 Account Actions

temporary suspension;

permanent ban;

account restriction;

content deletion; and

account termination.

15.2.4 Legal Actions

referral to law enforcement;

referral to regulatory authorities;

legal proceedings; and

any other action required by law.

15.3 Factors Considered in Enforcement

When determining the appropriate enforcement action, we consider:

severity and nature of the violation;

whether it was intentional or accidental;

the User's history of violations;

the impact on other Users;

the best interests of the Sgela community;

applicable laws and regulations;

the educational mission of the Platform; and

any other relevant factors.

15.4 Notification

We will notify Users of enforcement actions taken against their UGC or Account, unless:

we have reason to believe such notification would compromise an investigation;

we are legally prohibited from providing notification; or

we decide not to notify for operational reasons.

15.5 No Prior Notice

We may take enforcement action without prior notice where necessary to protect the safety of Users or the integrity of the Platform.

15.6 Repeat Violations

Repeated violations of this UGC Policy will result in more severe consequences, up to and including permanent Account termination.

15.7 Referral to Authorities

We may refer Users to law enforcement, regulatory authorities, or schools/institutions where:

the violation constitutes a crime;

child safety is involved;

there is a threat to public safety;

we are legally required to do so;

academic integrity requires notification; or

we deem it appropriate in the circumstances.

16. DISCLAIMERS

16.1 UGC Belongs to Users

User-Generated Content is the property of the Users who create it. Sgela Edu Tech does not claim ownership of UGC.

16.2 User Opinions

Opinions expressed in UGC are those of the Users who posted them. They do not necessarily reflect the views or opinions of Sgela Edu Tech.

16.3 No Endorsement

Sgela Edu Tech does not endorse, support, or guarantee the accuracy, completeness, or reliability of any UGC. The inclusion of UGC on the Platform does not constitute an endorsement by Sgela Edu Tech.

16.4 No Responsibility

Sgela Edu Tech is not responsible for:

the accuracy, completeness, or reliability of UGC;

the quality or effectiveness of UGC for educational purposes;

any harm or loss resulting from reliance on UGC;

the conduct of Users;

violations of this UGC Policy by Users;

any consequences of using UGC; or

any third-party content accessible through the Platform.

16.5 Educational Purposes Only

UGC is provided for educational and informational purposes only. It is not a substitute for professional advice.

16.6 AI Limitations

AI-generated content is provided for informational and educational purposes. It may contain errors, inaccuracies, or hallucinations. Users must verify AI-generated content before relying on it.

16.7 No Guarantee

We make no representations or warranties about:

the availability of the Platform;

the operation of the Platform;

the effectiveness of moderation;

the quality of UGC; or

any specific outcomes.

16.8 Use at Own Risk

Users access and use UGC at their own risk.

17. LIABILITY

17.1 Limitation of Liability

To the maximum extent permitted by South African law, Sgela Edu Tech and its officers, directors, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to:

17.1.1 User-Generated Content;

17.1.2 the conduct of other Users;

17.1.3 the use or inability to use the Platform;

17.1.4 the accuracy, completeness, or reliability of UGC;

17.1.5 violations of this UGC Policy by Users;

17.1.6 any loss or damage resulting from reliance on UGC;

17.1.7 any interruption, delay, or error in service;

17.1.8 any loss of data or content;

17.1.9 any damages resulting from unauthorised access; or

17.1.10 any other matter relating to the Platform or UGC.

17.2 ECTA Limitations

In terms of Section 43 of ECTA, as an intermediary service provider, Sgela Edu Tech's liability is limited in accordance with the Act.

17.3 User Responsibility

Users are responsible for their own UGC and conduct. Users agree to indemnify Sgela Edu Tech against any claims arising from their UGC or conduct.

17.4 No Waiver

The limitation of liability provisions in this clause apply to the maximum extent permitted by law. Nothing in this UGC Policy excludes liability that cannot be excluded under South African law.

18. TERMINATION AND ACCOUNT CLOSURE

18.1 Termination by Sgela Edu Tech

We may terminate your Account and remove your UGC at any time, with or without notice, where:

18.1.1 you have violated this UGC Policy;

18.1.2 you have violated the Terms of Service or any other policy;

18.1.3 you have violated applicable law;

18.1.4 we are required to do so by law;

18.1.5 your Account is inactive for 3 years (as set out in the Terms of Service); or

18.1.6 we decide to do so in our sole discretion.

18.2 Consequences of Termination

Upon termination of your Account:

18.2.1 your UGC will be removed from the Platform;

18.2.2 you will no longer be able to access the Services;

18.2.3 you will lose access to your Account;

18.2.4 your subscription will be cancelled; and

18.2.5 we may retain copies of your UGC as required by law or for archival purposes.

18.3 Deletion by User

You may delete your Account at any time. Upon deletion:

18.3.1 your UGC will be removed from the Platform;

18.3.2 you will no longer have access to the Services;

18.3.3 we may retain copies as required by law; and

18.3.4 content shared with others may remain available.

18.4 Data Retention

We will retain and dispose of your UGC in accordance with our Privacy Policy and applicable law.

18.5 Survival

Provisions of this UGC Policy that by their nature should survive termination shall survive, including ownership, licensing, liability, disclaimers, and governing law provisions.

19. CHANGES TO THIS UGC POLICY

19.1 Updates

We may update this UGC Policy from time to time to reflect changes in our practices, technology, or legal requirements.

19.2 Notification of Changes

We will notify you of material changes by:

19.2.1 sending an email to the address associated with your Account;

19.2.2 posting a prominent notice on our Website and/or App; and

19.2.3 updating the "Last Updated" date at the top of this policy.

19.3 Timing of Changes

19.3.1 minor changes may take effect immediately upon posting;

19.3.2 material changes will take effect 30 calendar days after notification; and

19.3.3 where required by law, we will obtain your consent.

19.4 Your Acceptance

Your continued use of our Services after the effective date of changes constitutes your acceptance of the updated UGC Policy. If you do not agree, you should discontinue using our Services and delete your UGC.

20. CONTACT INFORMATION

20.1 Contact Details

For any questions, concerns, or requests regarding this UGC Policy, please contact us at:

20.2 Information Regulator

You may lodge a complaint with the Information Regulator:

21. COMPLIANCE REVIEW

22. ACKNOWLEDGEMENT

By using the Services, creating an Account, uploading, submitting, or sharing User-Generated Content, you acknowledge that:

1. You have read and understood this UGC Policy;
2. You agree to comply with this UGC Policy;
3. You retain ownership of your original UGC;
4. You grant Sgela Edu Tech the licences set out in this UGC Policy;
5. You grant other Users the licences set out in this UGC Policy;
6. You represent and warrant that your UGC does not violate any law or policy;
7. You understand the moderation and enforcement provisions;
8. You understand your rights and responsibilities;
9. You will comply with all applicable laws; and
10. You accept the disclaimers and limitations of liability.

END OF UGC POLICY