Master Subscription Agreement

Swim School Management SaaS Platform

Version: 1.6
Last Updated: 2 June 2026
Data Protected

This Master Subscription Agreement ("Agreement") constitutes a binding legal contract between My Swim School ("Provider") and the entity executing this Agreement ("Tenant" or "Swim School"). By accessing or using the Platform, Tenant agrees to be bound by these terms.

Supplier Information (ECTA Section 43)
Disclosure required by Section 43 of the Electronic Communications and Transactions Act, 2002.

Legal entity: My Swim School, a private company registered in the Republic of South Africa under registration number 2026/266644/07.

Registered address: 321 Furrow Road, Equestria, Pretoria, Gauteng, 0184, South Africa.

Support enquiries: support@myswimschool.co.za

Billing enquiries: billing@myswimschool.co.za

Privacy enquiries: privacy@myswimschool.co.za

1. Definitions & Interpretation

For the purposes of this Agreement:

"Platform" means the multi-tenant SaaS web application hosted on Microsoft Azure.

"Active Swimmer" means a unique student profile enrolled in at least one active class or billing cycle during the relevant Billing Period.

"Authorized Users" means Administrators, Coaches, and Parents/Customers granted access credentials by the Tenant.

"Service Data" means all electronic data or information submitted by Tenant or Authorized Users to the Platform.

2. Data Protection, Sovereignty & Security
Compliance Notice: The Platform is built to support the Protection of Personal Information Act (POPIA, South Africa) as its primary compliance framework, and is designed to support the Children's Online Privacy Protection Act (COPPA, USA) and UK GDPR for Tenants operating in those jurisdictions. Provider does not represent that the Platform is certified as fully compliant with the laws of any jurisdiction outside South Africa.

2.1 Data Residency and Cross-Border Sub-Processors (POPIA)

The primary production database is provisioned within the Microsoft Azure South Africa North region, and automatic geo-replication of that database to regions outside South Africa is disabled by default. Certain functions necessarily involve cross-border sub-processors: card payments are processed by Paystack (which operates infrastructure outside South Africa, including in Nigeria), and transactional email is delivered through Provider's email service provider. Where personal information is transferred outside South Africa for these purposes, the transfer is made on a basis permitted by Section 72 of POPIA, including that the transfer is necessary for the performance of this Agreement and that the recipient is subject to obligations affording an adequate level of protection. The current list of sub-processors is maintained in the Privacy Policy.

2.2 Children's Data (Designed to Support COPPA)

The Platform is designed to support the Children's Online Privacy Protection Act (COPPA) for Tenants operating in the United States. Tenant is the party responsible for obtaining verifiable parental or guardian consent before inputting the data of a child, including children under the age of 13 where COPPA applies, and Tenant warrants that it has obtained such consent. In the Republic of South Africa, the consent of a competent person (a parent or guardian) is required before processing the personal information of a child under POPIA, and that duty likewise rests with the Tenant.

2.3 UK GDPR and Age Appropriate Design (Designed to Support)

For Tenants in the United Kingdom, the Platform is designed to support the Age Appropriate Design Code (AADC) and applies privacy-by-default principles. Provider does not represent that the Platform is certified as fully compliant with UK GDPR; responsibility for the lawful basis of processing the Tenant's own data subjects rests with the Tenant as the controller of that data.

3. Fees, Invoicing & Payment Terms

3.1 Billing Structure

Subscription fees are calculated based on a dual metric of (a) Active Swimmers and (b) Coach Accounts. Fixed-tier subscriptions (Sprout, Growth, Pro, Elite, Enterprise) are billed monthly in advance on a pay-to-access basis; the Tenant must pay before the billing period begins to retain access to the Platform. PAYG subscriptions are billed monthly in arrears based on actual usage during the preceding billing period.

3.2 Recurring Billing & Tokenization

By enabling recurring billing, Tenant authorizes Provider to securely store a payment token via Paystack and automatically charge the registered payment method for the recurring subscription fee on the anniversary of the billing cycle.

3.3 Payment Gateways

Tenant acknowledges that payments are processed via third-party integrations, specifically Paystack. Tenant is responsible for any transaction fees levied by the gateway.

3.4 Currency

Fees are payable in ZAR. Indicative pricing in other currencies may be displayed but ZAR is the billing currency for all active tenants.

3.5 Refunds & Cancellations

Subscription cancellations, class absence credits, and package refund policies are governed by the Refund & Cancellation Policy, which forms part of this Agreement and is incorporated by reference.

4. Intellectual Property, White Labeling & Data Management

4.1 Ownership: Provider retains all right, title, and interest in and to the Platform, including all source code, object code, and underlying intellectual property.

4.2 Data Migration: Tenant is solely responsible for the accuracy and integrity of all data imported into the Platform via spreadsheets or CSV files. Provider is not liable for errors resulting from incorrect legacy data.

4.3 Branded Mobile App: The Custom Branded Mobile Application is currently actively in development. Once released, Provider grants Tenant a limited, non-exclusive license to use the white-labeled application while Provider retains ownership of the underlying framework.

5. Service Availability & Support
6. Acceptable Use Policy
7. Provider Suspension Rights
8. Term & Termination
9. Sub-Processors & Data Processing
10. Third-Party Services
11. Beta & In-Development Features
12. Warranty Disclaimer
13. Limitation of Liability
14. Indemnification
15. Confidentiality
16. Force Majeure
17. Governing Law, Jurisdiction & Dispute Resolution
18. Changes to These Terms
19. General
Exhibit A: Service Schedules

Tenant shall subscribe to one of the following Service Schedules. Usage limits are strictly enforced.

Schedule A: PAYG
Billing Model: Pay-As-You-Go (Billed in Arrears)

Target Class: Schools that prefer pay-per-use billing with the full Sprout feature set included.

ZAR R128.99 /coach
+ R5.99 /swimmer

Usage Entitlements:

Unlimited Active Swimmers

Unlimited Coach Accounts

Full Sprout feature set: Progress Tracking, Compliance, Daily Checklist, Mailing, Safety Log, Class Incidents, Notification Settings, and automated correspondence

Schedule B: Sprout
Billing Model: Fixed Monthly (Paid in Advance)

Target Class: Solo Instructors & New Schools.

ZAR R598.99 /mo

Usage Entitlements:

Max 50 Active Swimmers

Max 3 Coach Accounts

Schedule C: Growth
Billing Model: Fixed Monthly (Paid in Advance)

Target Class: Small to Medium Schools.

ZAR R1,998.99 /mo

Usage Entitlements:

Max 300 Active Swimmers

Max 8 Coach Accounts

Schedule D: Pro
Billing Model: Fixed Monthly (Paid in Advance)

Target Class: Large Schools.

ZAR R3,498.99 /mo

Usage Entitlements:

Max 750 Active Swimmers

Max 20 Coach Accounts

Max 3 Locations

Schedule E: Elite
Billing Model: Fixed Monthly (Paid in Advance)

Target Class: Semi-pro or Multi-location Schools.

ZAR R5,998.99 /mo

Usage Entitlements:

Max 1,500 Active Swimmers

Max 40 Coach Accounts

Max 8 Locations

Schedule F: Enterprise
Billing Model: Negotiated / Fixed (Paid in Advance)

Target Class: Multi-location schools & franchises.

ZAR From R8,398.99 /mo

Usage Entitlements:

Unlimited Active Swimmers

Unlimited Coach Accounts

Max 15 Locations

Exhibit B: Optional Add-On Services

Custom Branded Mobile Application (In Development)

A white-labeled mobile application (iOS and Android) providing Parent and Coach functionality, branded with Tenant's logos and color schemes. This feature is currently under active development.

Status: Actively in development.

Availability: Coming soon.

© 2026 MySwimSchool. All rights reserved.

My Swim School, reg 2026/266644/07

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