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Terms of Service

Effective Date: 1 September 2026

KTH Projects (Pty) Ltd t/a KTH-Tech — Reg 2025/627290/07

Contents

  1. Definitions
  2. Acceptance of Terms
  3. Services Description
  4. Account Registration
  5. Assessment Use
  6. Pricing and Payment
  7. Refund Policy
  8. Intellectual Property
  9. Data Protection and POPIA
  10. Children’s Personal Information
  11. Parent / Guardian Consent
  12. User Conduct
  13. Coaching Services
  14. Portal Access and Roles
  15. Disclaimers
  16. Limitation of Liability
  17. Indemnification
  18. Termination
  19. Governing Law and Jurisdiction
  20. Changes to Terms
  21. Contact Information

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and KTH Projects (Pty) Ltd, trading as KTH-Tech, registration number 2025/627290/07, a company incorporated in the Republic of South Africa (“KTH-Tech”, “we”, “us”, or “our”). These Terms govern your access to and use of the iQ-X™ platform, including all related services, content, and functionality.

1. Definitions

1.1 Platform

“Platform” means the iQ-X™ web application, assessment engine, reporting system, parent portal, coaching portal, and all associated digital infrastructure operated by KTH-Tech, accessible at the iQ-X domain and any successor URLs.

1.2 Assessment

“Assessment” means the iQ-X™ psychometric career intelligence assessment, comprising 200 items across seven (7) validated psychometric frameworks, designed to evaluate career aptitudes, interests, personality traits, cognitive preferences, and vocational alignment.

1.3 User

“User” means any natural person who accesses or uses the Platform in any capacity, including Learners, Parents, Coaches, School Administrators, and guardians.

1.4 Learner

“Learner” means any individual who undertakes the Assessment, whether independently, through a school programme, or as part of a coaching engagement. Where the Learner is a minor (under the age of 18 years), the term includes the Learner acting with the consent of their parent or legal guardian.

1.5 Parent

“Parent” means the biological parent, adoptive parent, or legal guardian of a Learner who is under the age of 18 years, and who registers on the Parent Portal to manage the Learner’s participation in the Assessment. Where used in these Terms, “Parent” includes a legal guardian.

1.6 Competent Person

“Competent Person” has the meaning ascribed to it in section 1 of the Children’s Act 38 of 2005, being a parent or legal guardian who has the legal authority to consent on behalf of the child.

1.7 Coach

“Coach” means a qualified career counselling practitioner, registered psychometrist, or registered psychologist who has been approved by KTH-Tech to deliver coaching services through the Platform.

1.8 School Administrator

“School Administrator” means a representative of an educational institution who has been granted access to the administrative portal for the purpose of managing Learner assessments and viewing aggregate analytics.

1.9 Report

“Report” means the personalised career intelligence report generated by the Platform following completion of the Assessment, including career profile matches, framework scores, subject alignment recommendations, and supporting analysis.

1.10 Portal

“Portal” means the secure online dashboard accessible to registered Users, providing access to Reports, coaching session management, and role-specific features. This includes the Parent Portal, Coach Portal, and School Administrator Portal.

1.11 Content

“Content” means all text, graphics, images, assessment items, scoring algorithms, framework designs, career profiles, reports, data visualisations, software code, and any other materials made available through the Platform.

2. Acceptance of Terms

2.1 Agreement to Terms

By accessing, browsing, registering on, or using the Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Refund Policy. If you do not agree to these Terms, you must discontinue use of the Platform immediately.

2.2 Capacity to Contract

You represent and warrant that you have the legal capacity to enter into a binding agreement under the laws of the Republic of South Africa. If you are entering into these Terms on behalf of a juristic person (such as a school, company, or organisation), you represent and warrant that you have the authority to bind that entity.

2.3 Minors

The Assessment is designed for learners who may be under the age of 18 years. Where a User is a minor, these Terms must be accepted by the minor’s parent or legal guardian on the minor’s behalf, in compliance with the Children’s Act 38 of 2005 and the Protection of Personal Information Act 4 of 2013 (“POPIA”). By allowing a minor to use the Platform, the parent or guardian consents to the processing of the minor’s personal information as described in our Privacy Policy and section 10 of these Terms.

2.4 Electronic Communications

By using the Platform, you consent to receiving electronic communications from us, including emails, notifications, and in-platform messages. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, in accordance with the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”).

3. Services Description

3.1 Core Assessment

iQ-X™ provides a 200-item psychometric career intelligence assessment that evaluates Users across seven (7) scientifically grounded frameworks. The Assessment measures career interests, personality orientations, cognitive preferences, work values, aptitude indicators, emotional intelligence factors, and entrepreneurial disposition.

3.2 Career Report

Upon completion of the Assessment, the Platform generates a personalised Report that maps the Learner’s profile to 70+ South African career profiles, including alignment to NQF levels, CAPS subject recommendations, and tertiary pathway suggestions. The Report is delivered digitally through the Portal.

3.3 Parent Portal

The Parent Portal enables parents and legal guardians to register their children for the Assessment, provide the required POPIA consent for minor data processing, view Assessment status, and access completed Reports. The Parent Portal is the required entry point for all Learners under the age of 18.

3.4 Coaching Services

For Users who purchase the Assessment + Coaching package, the Platform facilitates one-on-one coaching sessions with qualified practitioners. Coaching includes personalised career action planning, subject choice guidance, and progress tracking through the Portal.

3.5 Portal Access

The Portal provides role-based access to assessment results, coaching records, and administrative tools. Access permissions vary by User role (Learner, Parent, Coach, School Administrator) as described in section 14 of these Terms.

3.6 Service Availability

We endeavour to maintain the Platform’s availability at all times but do not guarantee uninterrupted or error-free operation. We reserve the right to perform maintenance, updates, or modifications to the Platform at any time, with or without notice.

4. Account Registration

4.1 Accurate Information

When creating an account, you must provide accurate, current, and complete information. You agree to update your registration information promptly to keep it accurate, current, and complete at all times.

4.2 Parent Registration

Parents registering children under the age of 18 must create a Parent account before registering the Learner. During registration, the Parent must provide their own identifying information as well as the Learner’s details, including name, grade, age, and school. The Parent must confirm their capacity as parent or legal guardian and provide informed consent for the processing of the Learner’s personal information.

4.3 One Account Per Person

Each individual may register for only one (1) account on the Platform. Creating multiple accounts to circumvent assessment restrictions, obtain additional reports, or for any other purpose is strictly prohibited and may result in the termination of all associated accounts.

4.4 Credential Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately at enterprise@kth-tech.com of any unauthorised use of your account or any other breach of security. KTH-Tech shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.

4.5 Account Responsibility

You are responsible for all activities that occur under your account, whether or not you have authorised such activities. KTH-Tech reserves the right to suspend or terminate accounts that we reasonably believe have been compromised.

5. Assessment Use

5.1 Honest Completion

The Assessment must be completed honestly, accurately, and to the best of the Learner’s ability. Deliberate misrepresentation, random answering, or response manipulation will compromise the validity of results. KTH-Tech bears no responsibility for inaccurate Reports resulting from dishonest or careless completion.

5.2 Single Sitting

The Assessment is designed to be completed in a single uninterrupted session, typically lasting 30 to 50 minutes. While the Platform may preserve progress in the event of an interruption, we recommend completing the Assessment in one sitting for optimal result validity.

5.3 Guidance, Not Guarantees

Assessment results and career recommendations are provided as guidance only. They represent data-driven suggestions based on the Learner’s responses and are not guarantees of career success, academic performance, employment, or admission to any educational institution. Career decisions should consider a range of factors beyond the scope of this Assessment.

5.4 Not a Clinical Diagnosis

The iQ-X™ Assessment is a career guidance tool and does not constitute a clinical psychological assessment, diagnosis, or therapeutic intervention. It is not a substitute for consultation with a registered clinical psychologist, psychiatrist, or other mental health professional. If you or your child require clinical psychological services, please consult a registered practitioner.

5.5 Re-Assessment

Each purchase entitles the Learner to one (1) completion of the Assessment. Re-assessment requires a new purchase. KTH-Tech may, at its sole discretion, offer re-assessment opportunities under specific circumstances.

6. Pricing and Payment

6.1 Pricing Tiers

The Platform offers the following pricing tiers:

  • Assessment Only — R999 per learner: Includes access to the full 200-item Assessment and a personalised career intelligence Report.
  • Assessment + Coaching — R2,499 per learner: Includes everything in the Assessment Only tier, plus three (3) one-on-one coaching sessions with a qualified practitioner, a personalised action plan, and progress tracking in the Portal.
  • School Programme — Custom pricing: Available for institutions with 50 or more learners. Includes assessment at scale, a school admin dashboard, grade-level analytics, Life Orientation department reporting, and dedicated coach assignment. Pricing is provided on request.

6.2 Currency and VAT

All prices are quoted in South African Rand (ZAR) and are inclusive of Value-Added Tax (VAT) where applicable in accordance with the Value-Added Tax Act 89 of 1991.

6.3 Payment Methods

Payment must be made through the payment methods supported and displayed on the Platform at the time of purchase. KTH-Tech reserves the right to add or remove payment methods at any time. All payment processing is handled by third-party payment service providers, and your use of such services is subject to their respective terms and conditions.

6.4 Payment Confirmation

Access to paid services is activated upon successful payment confirmation. KTH-Tech is not responsible for delays caused by payment processor errors, insufficient funds, or banking system downtime.

6.5 Price Changes

KTH-Tech reserves the right to modify pricing at any time. Price changes will not affect purchases already completed. Updated pricing will be displayed on the Platform prior to any new purchase.

7. Refund Policy

Refunds are governed by our separate Refund Policy, which is available at refund policy and forms part of these Terms by reference. By making a purchase on the Platform, you acknowledge that you have read and agree to the Refund Policy. In all instances, the Consumer Protection Act 68 of 2008 (“CPA”) applies to consumer transactions where applicable.

8. Intellectual Property

8.1 Ownership

All Content on the Platform, including but not limited to assessment items, psychometric frameworks, scoring algorithms, career profile databases, report templates, data visualisations, software code, user interface designs, trademarks, logos, and the iQ-X™ brand, is the exclusive intellectual property of KTH-Tech or its licensors and is protected under the Copyright Act 98 of 1978, the Trade Marks Act 194 of 1993, and applicable international intellectual property laws.

8.2 Limited Licence

Subject to these Terms, KTH-Tech grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform and to view your own Report for personal, non-commercial purposes. This licence does not include the right to sublicence, resell, or distribute any Content.

8.3 Prohibited Uses

You may not, without the prior written consent of KTH-Tech:

  • Copy, reproduce, distribute, publish, or display any Content from the Platform.
  • Modify, adapt, translate, reverse-engineer, decompile, or disassemble any part of the Platform or its underlying technology.
  • Attempt to derive, reconstruct, or extract the scoring algorithms, framework weightings, item banks, or any proprietary methodology used by the Platform.
  • Use any Content for the development of a competing product or service.
  • Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
  • Create derivative works based on any Content.

8.4 User Report

Your personalised Report is provided for your personal use. You may share your Report with educational institutions, employers, or career counsellors at your own discretion, but you may not commercially exploit, resell, or publish it publicly without KTH-Tech’s prior written consent.

9. Data Protection and POPIA

9.1 Commitment to Data Protection

KTH-Tech is committed to protecting the personal information of all Users in compliance with the Protection of Personal Information Act 4 of 2013 (“POPIA”) and the regulations promulgated thereunder.

9.2 Personal Information Collected

In the course of providing the Platform’s services, we collect and process personal information including but not limited to: names, email addresses, contact numbers, dates of birth, school or institution details, grade information, assessment responses, and generated Report data. Full details of the personal information we collect, the purposes for which it is processed, and the legal bases for processing are set out in our Privacy Policy.

9.3 Consent

By using the Platform, you consent to the collection, processing, and storage of your personal information as described in our Privacy Policy. Where the User is a minor, consent must be provided by the minor’s parent or legal guardian in accordance with section 35 of POPIA. The specific requirements for parental consent are set out in sections 10 and 11 of these Terms.

9.4 Data Storage and Security

Personal information is stored securely using industry-standard encryption protocols, both at rest and in transit. We implement appropriate technical and organisational measures to protect personal information against unauthorised access, alteration, disclosure, or destruction.

9.5 Data Subject Rights

In accordance with POPIA, you have the right to:

  • Request access to your personal information held by KTH-Tech.
  • Request the correction or deletion of your personal information.
  • Object to the processing of your personal information on reasonable grounds.
  • Request that your personal information not be processed for direct marketing purposes.
  • Lodge a complaint with the Information Regulator (South Africa) if you believe your rights under POPIA have been infringed.

Requests should be directed to enterprise@kth-tech.com.

9.6 Third-Party Data Sharing

We do not sell personal information to third parties. Personal information may be shared with authorised Coaches and School Administrators solely for the purpose of delivering the contracted services, and with third-party service providers who process data on our behalf under strict confidentiality agreements. Full details are provided in our Privacy Policy.

9.7 Data Retention

We retain personal information only for as long as is necessary to fulfil the purposes for which it was collected, or as required by applicable law. Assessment data and Reports are retained for a period of five (5) years from the date of completion, after which they may be securely deleted or anonymised.

10. Children’s Personal Information

POPIA Section 35 — Processing of Personal Information of Children: The personal information of a child (under the age of 18 years) may only be processed if prior consent is obtained from a competent person, being a parent or legal guardian. KTH-Tech strictly complies with this requirement.

10.1 Legislative Framework

The processing of children’s personal information through the Platform is governed by:

  • Protection of Personal Information Act 4 of 2013 (POPIA) — specifically section 35, which requires prior consent from a competent person before processing a child’s personal information.
  • Children’s Act 38 of 2005 — which defines the rights of children and the duties of parents, guardians, and care-givers in the Republic of South Africa.
  • South African Schools Act 84 of 1996 — where applicable, in the context of school-based assessment programmes.

10.2 Definition of a Child

For the purposes of this section and in accordance with POPIA and the Children’s Act, a “child” means a person under the age of 18 years who is not legally competent without the assistance of a parent or guardian to take any action or enter into any transaction.

10.3 Personal Information of Children Processed

The Platform collects and processes the following categories of personal information relating to children:

  • Identifying information: first name, last name, and age.
  • Educational information: grade (school year), school name, and subject choices where provided.
  • Assessment data: responses to the 200 assessment items, time taken, and completion status.
  • Generated data: psychometric scores, career profile matches, framework results, and the personalised Report.

10.4 Purpose Limitation

Children’s personal information is processed exclusively for the following purposes:

  • Administering the career intelligence Assessment.
  • Generating personalised career guidance Reports.
  • Facilitating coaching sessions where applicable.
  • Providing aggregate, anonymised analytics to School Administrators where applicable.

Children’s personal information will not be processed for any purpose other than those specified above without obtaining fresh consent from the competent person.

10.5 Data Minimisation

KTH-Tech collects only the personal information that is necessary and adequate for the purposes stated above. We do not collect government-issued identity numbers, residential addresses, or financial information from children.

10.6 No Direct Marketing to Children

KTH-Tech does not use children’s personal information for direct marketing purposes. Communications relating to Assessment results are directed to the registered Parent or guardian.

10.7 Best Interests of the Child

In all matters concerning the processing of a child’s personal information, KTH-Tech is guided by the best interests of the child standard as enshrined in section 28(2) of the Constitution of the Republic of South Africa and section 7 of the Children’s Act 38 of 2005.

11. Parent / Guardian Consent

Mandatory requirement: No Learner under the age of 18 may undertake the Assessment without the prior, informed consent of a parent or legal guardian recorded through the Parent Portal.

11.1 Consent Requirements

Before a Learner under 18 may access the Assessment, the following consent must be obtained and recorded:

  • The Parent must create a verified account on the Parent Portal.
  • The Parent must register the Learner by providing the required information (name, grade, age, and school).
  • The Parent must actively confirm, by ticking the required consent checkbox, that they have read and understood these Terms, the Privacy Policy, and the data processing described in section 10.
  • The Parent must confirm their capacity as the parent or legal guardian of the Learner.

11.2 Informed Consent

In accordance with POPIA, consent must be informed, specific, and voluntary. By providing consent through the Parent Portal, the Parent confirms that they:

  • Understand what personal information will be collected from the Learner.
  • Understand the purposes for which the information will be processed.
  • Understand who may have access to the Learner’s information (Coaches and School Administrators, where applicable).
  • Understand their right to withdraw consent as described in section 11.4.
  • Provide consent voluntarily and without coercion.

11.3 Consent Record

KTH-Tech maintains a record of each consent given, including:

  • The identity of the consenting Parent (name and email address).
  • The date and time consent was provided.
  • The version of the Terms and Privacy Policy to which consent was given.
  • Whether the Learner was confirmed to be under 18 years of age.

This record is retained for the duration of the Learner’s account and for a period of five (5) years thereafter, in accordance with POPIA retention requirements.

11.4 Withdrawal of Consent

A Parent may withdraw consent for the processing of their child’s personal information at any time by:

  • Sending a written request to enterprise@kth-tech.com identifying the Learner and requesting withdrawal.
  • KTH-Tech will process the withdrawal request within fourteen (14) calendar days of receipt.

Upon withdrawal of consent:

  • The Learner’s access to the Platform will be suspended.
  • The Learner’s personal information will be deleted or anonymised, subject to any legal obligations requiring retention.
  • Any Report already generated and delivered will remain in the Parent’s possession but will no longer be accessible through the Platform.
  • Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.

11.5 School-Based Consent

Where Assessments are administered through a school programme, the school is responsible for obtaining and evidencing parental consent from each Learner’s parent or legal guardian before granting Platform access. KTH-Tech may require the school to provide written confirmation that all necessary consents have been obtained. KTH-Tech is not liable for any school’s failure to obtain valid consent.

12. User Conduct

12.1 Prohibited Activities

When using the Platform, you agree not to:

  • Share, photograph, record, screenshot, distribute, or publish any Assessment items, questions, or content in any form or medium.
  • Use automated scripts, bots, crawlers, scrapers, or any other automated means to access or interact with the Platform.
  • Attempt to gain unauthorised access to any part of the Platform, other Users’ accounts, or KTH-Tech’s systems or networks.
  • Misrepresent your identity, age, qualifications, or any other information provided to the Platform.
  • Complete the Assessment on behalf of another person or allow another person to complete the Assessment on your behalf.
  • Use the Platform for any unlawful purpose or in violation of any applicable laws or regulations.
  • Interfere with or disrupt the integrity, security, or performance of the Platform.
  • Transmit any viruses, malware, or other harmful code through the Platform.
  • Engage in any activity that places an unreasonable or disproportionately large load on the Platform’s infrastructure.

12.2 Assessment Integrity

The integrity of the Assessment is essential to the validity of results. Any breach of assessment security, including sharing of items, is a serious violation of these Terms and may result in immediate account termination, invalidation of results, and, where applicable, legal action.

12.3 Consequences of Breach

KTH-Tech reserves the right, at its sole discretion, to suspend or terminate User access, invalidate Assessment results, and pursue legal remedies in the event of any breach of this section.

13. Coaching Services

13.1 Qualified Practitioners

Coaching sessions are conducted by qualified career counselling practitioners, registered psychometrists, or registered psychologists who have been vetted and approved by KTH-Tech. All practitioners operate within their registered scope of practice as defined by the Health Professions Council of South Africa (HPCSA).

13.2 Session Scheduling

Coaching sessions are scheduled through the Portal at mutually convenient times between the Coach and the Learner (or parent/guardian). KTH-Tech facilitates scheduling but does not guarantee the availability of specific Coaches or time slots.

13.3 Session Format

Sessions may be conducted via video call, telephone, or in-person meeting as arranged between the Coach and the Learner. The format and tools used are determined by the assigned Coach in consultation with the Learner.

13.4 Cancellation and Rescheduling

Scheduled coaching sessions may be cancelled or rescheduled with at least 24 hours’ notice. Sessions cancelled with less than 24 hours’ notice may be forfeited at the Coach’s discretion. Repeated no-shows (two or more) may result in forfeiture of remaining sessions without refund.

13.5 Session Validity

Purchased coaching sessions must be used within six (6) months from the date of purchase. Unused sessions after this period expire automatically and are non-refundable.

13.6 Coach Assignment

KTH-Tech assigns Coaches based on availability, expertise, and suitability. While we consider User preferences, we do not guarantee assignment to a specific Coach. If a User has concerns about an assigned Coach, they may request reassignment by contacting enterprise@kth-tech.com.

14. Portal Access and Roles

14.1 Parent Role

Parent accounts have access to: registration and management of child Learners, consent management, Assessment status monitoring, completed Reports for their registered children, and WhatsApp/email sharing of Assessment links.

14.2 Learner Role

Learner accounts have access to: their own Assessment results and Report, coaching session scheduling and records, personalised career recommendations, and progress tracking. Learners can view only their own data.

14.3 Coach Role

Coach accounts have access to: the Reports and Assessment data of Learners assigned to them, session notes and action plans, coaching tools and resources, and communication features for their assigned Learners. Coaches may not access data for Learners not assigned to them.

14.4 School Administrator Role

School Administrator accounts have access to: aggregate assessment analytics for their institution, grade-level performance summaries, coach assignment overviews, Life Orientation department reporting, and bulk learner management tools. School Administrators may view aggregate and anonymised data but may not access individual Learner Reports without explicit Learner (or parent/guardian) consent.

14.5 Role Separation

Each User role is designed with data privacy in mind. Access is governed by the principle of least privilege: Users can only access the data necessary for their role. Attempts to access data beyond one’s assigned role constitute a breach of these Terms.

14.6 Portal Security

Users are responsible for maintaining the security of their Portal access credentials. Shared login credentials are prohibited. KTH-Tech implements session management controls, activity logging, and other security measures to protect Portal integrity.

15. Disclaimers

15.1 Advisory Nature

The Assessment and all associated Reports are advisory in nature. Career matches, subject recommendations, and pathway suggestions are generated algorithmically based on User responses and should be considered as one factor among many in making career and educational decisions.

15.2 No Clinical Services

The Platform does not provide clinical psychological assessments, diagnoses, or therapeutic interventions. The Assessment does not screen for, diagnose, or treat any psychological, neurological, or developmental condition. Users requiring clinical services are advised to consult a registered clinical psychologist or other appropriate healthcare professional.

15.3 No Guaranteed Outcomes

KTH-Tech does not guarantee any particular outcome from the use of the Platform, including but not limited to career success, academic achievement, employment, university admission, or job placement. Career suggestions are based on psychometric data and statistical modelling and are subject to numerous external factors beyond the Platform’s control.

15.4 “As Is” Provision

The Platform and all Content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, KTH-Tech disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement.

15.5 Third-Party Content

The Platform may contain links to third-party websites, resources, or services. KTH-Tech does not endorse and is not responsible for the content, accuracy, or practices of any third-party sites or services.

16. Limitation of Liability

16.1 Liability Cap

To the maximum extent permitted by applicable law, KTH-Tech’s total aggregate liability to you for all claims arising out of or related to these Terms or your use of the Platform shall not exceed the total amount you have paid to KTH-Tech in the twelve (12) months immediately preceding the event giving rise to the claim.

16.2 Exclusion of Consequential Damages

To the maximum extent permitted by applicable law, in no event shall KTH-Tech, its directors, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, career opportunities, educational outcomes, or other intangible losses, regardless of whether KTH-Tech has been advised of the possibility of such damages.

16.3 Basis of the Bargain

The limitations of liability set forth in this section reflect a fair and reasonable allocation of risk between you and KTH-Tech and form an essential basis of the bargain between the parties. The Platform would not be provided without these limitations.

16.4 Consumer Protection

Nothing in these Terms is intended to limit or exclude liability that cannot be limited or excluded under the Consumer Protection Act 68 of 2008 or any other applicable mandatory legislation in the Republic of South Africa.

17. Indemnification

17.1 User Indemnity

You agree to indemnify, defend, and hold harmless KTH-Tech, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your use of or access to the Platform.
  • Your violation of these Terms.
  • Your violation of any applicable law, regulation, or third-party right.
  • Any content or information you provide to or through the Platform.
  • Your negligence or wilful misconduct.

17.2 Survival

This indemnification obligation shall survive the termination of these Terms and your cessation of use of the Platform.

18. Termination

18.1 Termination by User

You may terminate your account at any time by contacting us at enterprise@kth-tech.com. Upon termination, your access to the Portal will be revoked. Termination does not entitle you to a refund of any fees already paid unless otherwise required by applicable law.

18.2 Termination by KTH-Tech

KTH-Tech may suspend or terminate your account and access to the Platform at any time, with or without cause, including but not limited to breach of these Terms, suspected fraudulent activity, or conduct that KTH-Tech reasonably considers harmful to other Users or the Platform’s integrity.

18.3 Effect on Data

Upon termination, KTH-Tech will retain your personal information and Assessment data in accordance with our data retention policies and applicable law. You may request deletion of your personal information in accordance with your rights under POPIA, subject to any legal retention obligations. Reports that have already been generated and delivered remain accessible for a period of 90 days following termination, after which access will be revoked.

18.4 Surviving Provisions

Sections 8 (Intellectual Property), 9 (Data Protection), 10 (Children’s Personal Information), 11 (Parent / Guardian Consent), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), and 19 (Governing Law) shall survive the termination of these Terms.

19. Governing Law and Jurisdiction

19.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

19.2 Jurisdiction

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria, or the Magistrate’s Court having jurisdiction, as applicable.

19.3 Dispute Resolution

Prior to instituting any legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of not less than thirty (30) calendar days from the date of written notification of the dispute.

19.4 Consumer Disputes

Nothing in this section limits a consumer’s right to refer a dispute to the National Consumer Commission, an industry ombud, or any other forum as provided for in the Consumer Protection Act 68 of 2008.

20. Changes to Terms

20.1 Right to Modify

KTH-Tech reserves the right to modify, amend, or replace these Terms at any time at its sole discretion. Updated Terms will be posted on the Platform with a revised effective date.

20.2 Notification

We will notify registered Users of material changes to these Terms via email or in-platform notification at least fourteen (14) calendar days before the changes take effect. It is your responsibility to review any updated Terms.

20.3 Continued Use

Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Platform and may request account termination.

20.4 Entire Agreement

These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and KTH-Tech with respect to the Platform and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

20.5 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

20.6 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. KTH-Tech’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

21. Contact Information

For any questions, concerns, or requests regarding these Terms, the Platform, or your personal information, please contact us:

KTH Projects (Pty) Ltd t/a KTH-Tech

Registration Number: 2025/627290/07

Email: enterprise@kth-tech.com

Website: kth-tech.com

Information Regulator (South Africa): inforegulator.org.za

Jurisdiction: Republic of South Africa

Last updated: 26 October 2026 — Version 2.0

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