Table of Contents
This agreement governs the relationship between SafePass and each approved school. By signing up for SafePass, the school's authorised representative accepts these terms on behalf of the school.
1. Parties and Definitions
This School Service Agreement ("Agreement") is entered into between SafePass ("SafePass", "we", "us") and the school organisation that has been approved to use the SafePass platform ("School", "you").
Key definitions used in this Agreement:
- "Service" — the SafePass platform including mobile apps, admin portal, gate tablet interface, and API
- "School Data" — all data uploaded by or generated for the School on the platform
- "Users" — school administrators, parents, drivers, delegates, and gate officers accessing the Service
- "Personal Information" — as defined in POPIA
- "Dismissal Window" — a configured school pickup period
2. Services Provided
Subject to this Agreement and payment of applicable fees, SafePass grants the School a non-exclusive, non-transferable licence to use the SafePass platform for the purpose of managing child pickup safety at the School.
The Service includes:
- School admin portal with roster management, dismissal windows, alerts, and audit log
- Parent mobile application (iOS and Android)
- Driver mobile application (iOS and Android)
- Gate tablet web interface
- Real-time push notifications and socket events
- QR code and PIN-based access verification
- Transport run management with live GPS tracking
- Visitor management and access passes
- School trip management with parent enrolment
- 24-month append-only audit trail
SafePass reserves the right to add, modify, or discontinue features of the Service with reasonable notice. Material feature removals will be communicated at least 30 days in advance.
3. School Obligations
3.1 Accurate Information
The School must provide accurate, up-to-date student roster information and promptly update records when learners join, leave, or transfer. The School is responsible for the accuracy of data it uploads, including student names, dates of birth, and student numbers.
3.2 Authorised Users
The School is responsible for managing which individuals have administrative access to the portal. The School must revoke access promptly when an employee leaves or changes role.
3.3 Parent Verification
The School is responsible for verifying parent-child relationships through the platform's approval workflow. SafePass provides tools to facilitate comparison of parent-supplied information against roster data, but the final approval decision rests with the School's authorised administrator.
3.4 Security
The School must keep login credentials confidential. If the School suspects a security breach, it must notify SafePass immediately at hello@mysafepass.co.za.
3.5 Acceptable Use
The School must use the Service only for its intended purpose of managing learner access and pickup safety. The Service may not be resold, sublicensed, or used for any unlawful purpose.
3.6 Designated Contact
The School must maintain at least one active administrator account as the primary contact for all communications from SafePass.
3.7 POPIA Compliance
The School must obtain appropriate consent or have a lawful basis for providing learner personal information to SafePass. Where the School processes personal information of parents and learners, it is responsible for meeting its own POPIA obligations as a responsible party.
4. SafePass Obligations
4.1 Service Delivery
SafePass will provide the Service with reasonable care and skill, aiming for availability of 99.5% measured monthly, excluding scheduled maintenance.
4.2 Data Security
SafePass will implement appropriate technical and organisational measures to protect School Data against unauthorised access, loss, or destruction, as described in the Privacy Policy.
4.3 Notifications
SafePass will provide reasonable advance notice of planned maintenance, feature changes, and pricing changes affecting the School.
4.4 Support
SafePass will respond to support requests sent to hello@mysafepass.co.za within 1 business day during South African business hours (Monday–Friday, 08:00–17:00 SAST).
5. Data Processing (POPIA)
5.1 Roles
In respect of School Data, the School acts as the responsible party and SafePass acts as the operator under POPIA. SafePass processes School Data only on the School's instructions and for the purpose of delivering the Service.
5.2 SafePass obligations as Operator
SafePass undertakes to:
- Process Personal Information only in accordance with this Agreement and the School's documented instructions
- Ensure all personnel with access to Personal Information are bound by confidentiality obligations
- Implement and maintain appropriate technical and organisational security measures, including encryption of Personal Information at rest (AES-256) and in transit (TLS 1.2+), role-based access controls, and audit logging of access to student data
- Not use Student Data for any purpose other than delivering the Service — including no use for marketing, profiling, or training of AI models
- Store all Personal Information on servers located within or serving South Africa
- Not engage sub-operators beyond those listed in Schedule 1 without 14 days' prior written notice to the School
5.3 Sub-operators
SafePass uses the sub-operators listed in Schedule 1 at the end of this Agreement. SafePass remains responsible for their compliance with equivalent data protection obligations.
5.4 Data breach notification
In the event of a data breach or suspected breach affecting School Data, SafePass will notify the School within 24 hours of becoming aware of the breach, including the nature of the breach, categories of data affected, and steps taken or proposed. The School remains responsible for notifying the Information Regulator and affected data subjects as the Responsible Party under POPIA.
5.5 Retention and deletion
Pickup event records are retained for 24 months as required by POPIA. On termination of this Agreement, SafePass will provide a 30-day data export window, after which all School Data will be securely deleted within 30 days. Written confirmation of deletion will be provided within 14 days of completion. Backup purges will be completed within 90 days of the deletion confirmation date.
5.6 Data access
SafePass's platform operator account can view only aggregate statistics — no personal information about individual parents, learners, or staff of the School is visible to SafePass operators. This is enforced at the database level.
5.7 Data portability
Upon written request, SafePass will provide an export of the School's data within 10 business days in CSV or JSON format.
6. Fees and Payment
Subscription fees are determined based on the School's learner count band at the time of approval and communicated directly to the School. Billing is handled entirely outside the platform — SafePass does not process payments within the application.
SafePass reserves the right to adjust pricing with 60 days' written notice to the School. Schools that do not accept revised pricing may terminate the agreement before the new pricing takes effect.
Non-payment may result in suspension of the School's account as described in section 11.
7. Availability and Support
7.1 Uptime commitment
SafePass targets 99.5% Platform availability during School Hours (06:00–18:30 SAST) in each calendar month, excluding the circumstances listed in section 7.3.
7.2 Support response times
SafePass commits to the following response times during School Hours (Monday–Friday):
| Severity | Description | First Response | Resolution Target |
|---|---|---|---|
| Critical | Platform completely inaccessible during dismissal | 1 hour | 4 hours |
| High | Core pickup or notification features non-functional | 2 hours | 8 hours |
| Medium | Non-critical feature impaired | 4 hours | 2 business days |
| Low | Questions, minor issues | 1 business day | Best effort |
Support requests must be sent to hello@mysafepass.co.za.
7.3 Exclusions
The uptime commitment does not apply to unavailability caused by:
- Load-shedding, power outages, or electrical failures at the School or in its area
- The School's own internet connectivity failures
- Hardware failures at the School (tablets, gate relay devices)
- Third-party services outside SafePass's control (mobile networks, Apple APNs, Google FCM, Shelly Cloud)
- Scheduled maintenance communicated at least 24 hours in advance
- Force majeure events
7.4 Service Credits
If the 99.5% uptime commitment is not met in a calendar month, the School may claim Service Credits applied to the next invoice:
| Availability achieved | Service Credit |
|---|---|
| 99.0% – 99.49% | 10% of monthly fee |
| 95.0% – 98.99% | 25% of monthly fee |
| Below 95.0% | 50% of monthly fee |
Service Credits are the School's sole remedy for SLA breaches. Claims must be submitted in writing within 14 days of the end of the affected month.
7.5 Termination for persistent downtime
The School may terminate this Agreement without penalty if the Platform fails to achieve 95% availability during School Hours in any two consecutive calendar months, provided the failures are not attributable to the exclusions in section 7.3.
7.6 Status
Platform status is available at status.mysafepass.co.za.
8. Intellectual Property
All intellectual property in the SafePass platform, including software, designs, algorithms, and documentation, remains the exclusive property of SafePass. This Agreement does not transfer any IP rights to the School.
School Data (including student rosters, pickup event records, and configurations) remains the property of the School. The School grants SafePass a licence to process School Data for the purpose of delivering the Service.
9. Confidentiality
Each party agrees to keep the other's confidential information secure and not to disclose it to third parties without prior written consent, except as required by law.
Confidential information does not include information that: (a) is or becomes publicly available through no breach of this Agreement; (b) was already known to the receiving party; or (c) is independently developed without use of the disclosing party's confidential information.
10. Liability
SafePass provides a technology platform to assist schools in managing pickup processes. SafePass does not guarantee the physical safety of any child, and is not a substitute for appropriate school security policies, staff training, and oversight. The decision to release a learner to any person remains with the School and its authorised staff.
Subject to the exceptions below, SafePass's total liability to the School for any claim arising under or in connection with this Agreement shall be limited to the greater of three times (3×) the annual subscription fees paid by the School in the 12 months preceding the claim, or R10,000.
This limitation does not apply to liability arising from:
- Gross negligence or wilful misconduct by SafePass
- Failure to notify the School of a data breach within the required timeframe
- Death or personal injury caused by SafePass's negligence
- Fraud or fraudulent misrepresentation by SafePass
Neither party shall be liable for indirect, special, or consequential loss, including lost profits or reputational harm, except where arising from the uncapped categories above.
11. Suspension and Termination
11.1 Termination by School
The School may terminate this Agreement at any time by providing 30 days' written notice to hello@mysafepass.co.za. Access continues until the end of the notice period.
11.2 Termination by SafePass
SafePass may terminate this Agreement with 30 days' notice for any reason. SafePass may terminate immediately if the School:
- materially breaches this Agreement and fails to remedy the breach within 14 days of notice
- uses the Service in a manner that threatens platform security or other users
- provides materially false information in the application process
11.3 Suspension
SafePass may suspend the School's account for non-payment (with 7 days' notice), policy violations, security incidents, or platform integrity concerns. Suspension is not termination; the School's data is retained during suspension.
Upon suspension, school administrators are forced to re-login (which is blocked while suspended), and gate tablets display a "Service Suspended" screen. Parent sessions remain active but cannot access a suspended school's features.
11.4 Effect of Termination
On termination, the School's access to the platform ceases. SafePass will provide a 30-day data export window from the termination date. After this window, all School Data will be securely deleted within 30 days and written confirmation provided — per section 5.5.
12. Changes to This Agreement
SafePass may update this Agreement from time to time. Material changes will be communicated to the School administrator by email with at least 30 days' notice. Continued use of the Service after the effective date of changes constitutes acceptance.
The current version of this Agreement is always available at mysafepass.co.za/school-agreement.
13. Governing Law
This Agreement is 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.
The parties agree to attempt in good faith to resolve disputes through direct negotiation before initiating formal proceedings.
14. Contact
- Email: hello@mysafepass.co.za
- Website: mysafepass.co.za
Schedule 1 — Sub-operators
The following sub-operators process Personal Information on behalf of SafePass in delivering the Service. SafePass will provide 14 days' notice before adding or replacing any sub-operator.
| Sub-operator | Purpose | Location |
|---|---|---|
| Railway (Render Inc.) | Platform hosting and database | USA* |
| Resend Inc. | Email delivery | USA* |
| WinSMS | SMS delivery | South Africa |
| Expo (650 Industries Inc.) | Mobile push notifications | USA* |
| Shelly Cloud | Gate relay device control | EU* |
* Data processed under standard contractual clauses with appropriate safeguards as permitted under POPIA.