Terms of Service¶

Effective date: 1 September 2026
Version: 1.0

These Terms of Service (“Terms”) constitute an agreement between you and Pitonix Digital Pty Ltd · Registration No. 2025/545878/07 (“Pitonix Digital”, “we”, “us” or “our”) concerning your access to and use of the South Dune platform and related services (collectively, the “Service”).

By creating an account, subscribing to a plan, accepting these Terms, or using the Service on behalf of an organization, you agree to these Terms on behalf of yourself and the organization you represent ("Organization", "you", or "your").

If you use the Service as an employee, contractor, instructor, administrator, accountant, or other authorized user of an Organization, you represent that you are authorized to use the Service on that Organization's behalf.

These Terms should be read together with our Privacy Policy, Cookie Policy and Refund & Cancellation Policy, which form part of these Terms.

1. Definitions¶

For these Terms:

Account Holder means an adult individual responsible for a member's account or payment obligations within an Organization.
Authorized User means an individual authorized by an Organization to access the Service, including owners, administrators, instructors, accountants, and other staff or representatives.
Member means a participant, student, client, customer, or other individual whose information an Organization manages through the Service.
Organization Data means information and content submitted to the Service by or on behalf of an Organization or its Authorized Users, including information relating to Members and Account Holders.
Plan means a package of South Dune features, usage limits and commercial terms made available to an Organization, being the Free plan or a paid plan (currently Basic and Advanced).
Subscription means a paid Plan that renews monthly until cancelled.
Service means the South Dune software platform, associated websites, application interfaces, infrastructure, documentation, and related services made available by us from time to time.

2. The Service¶

South Dune is a software-as-a-service platform designed to help Organizations manage operational activities such as:

member and account-holder records;
groups and classes;
session scheduling;
attendance;
billing and ledger records;
statements and related administrative information; and
other features that South Dune may introduce from time to time.

South Dune provides the software and infrastructure used by the Organization. We do not provide the Organization's underlying activities or services to its Members.

For example, if an Organization operates a swimming school, dance studio, sports club, tutoring service, or similar activity, South Dune is not the swimming school, studio, club, or service provider. The Organization remains responsible for its own activities, staff, Members, Account Holders, parents, guardians, customers, and contractual relationships.

We may add, modify, improve, suspend, or discontinue features of the Service from time to time in accordance with these Terms.

2.1 What you are buying¶

When you subscribe to a paid Plan you are purchasing access to the South Dune software for your Organization, for as long as your Subscription remains active. The Service is delivered digitally and online. There are no physical goods and nothing is shipped. Access to the features of your Plan is activated once we receive confirmation of your first payment from our payment provider, usually within a few minutes.

2.2 Payments between an Organization and its Members¶

South Dune's ledger, statement and billing features are record-keeping tools for the Organization. South Dune does not collect fees from Members or Account Holders on the Organization's behalf and is not a party to any payment, refund or dispute between an Organization and its Members or Account Holders. Those are matters between them.

3. Organization Responsibilities¶

The Organization is responsible for its use of the Service and represents that it will:

provide accurate and appropriate information to the Service and keep it reasonably up to date;
determine the purposes and lawful basis for collecting and processing information about its Members, Account Holders, staff, and other individuals;
comply with applicable laws and regulations relating to its use of the Service and its activities;
provide appropriate privacy notices to Members, Account Holders, parents, guardians, staff, and other relevant individuals where required;
obtain and record any consent, authorization, or other lawful basis required for the processing of personal information, including information relating to children;
ensure that any instructions it gives South Dune regarding personal information are lawful;
configure roles and permissions appropriately and restrict access to information according to each Authorized User's responsibilities;
promptly disable or remove access for Authorized Users who no longer require access;
ensure that information entered into the Service is not knowingly false, misleading, unlawful, or submitted without appropriate authority; and
use the Service only for the Organization's legitimate operational purposes.

South Dune may provide templates, guidance, or features intended to assist an Organization with privacy and operational compliance. These do not constitute legal advice and do not transfer the Organization's legal responsibilities to South Dune.

3.1 Member and child information¶

The Organization is responsible for ensuring that it has the necessary authority to process Member and Account Holder information through South Dune.

Where the Organization processes personal information relating to children, the Organization is responsible for determining and complying with the requirements that apply to that processing, including any required parental or legal guardian consent or other authorization.

The Organization should provide its Members and their parents or guardians with an appropriate privacy notice. South Dune may provide a template for this purpose, but the Organization remains responsible for adapting, publishing, and maintaining its own notice.

3.2 Health and other special personal information¶

South Dune does not currently provide a dedicated feature intended for storing health, medical, allergy, dietary, or similar special personal information about Members.

Unless South Dune expressly provides a feature intended for such information, the Organization must not intentionally enter such information into free-text fields, Member names, group tags, notes, or other general-purpose fields.

If applicable law requires or permits the Organization to process such information and appropriate functionality and safeguards are provided by South Dune, the Organization remains responsible for ensuring that its processing is lawful.

4. Accounts and Authorized Users¶

An Organization may create accounts for its Authorized Users as supported by the Service.

The Organization is responsible for:

maintaining accurate Organization and account information;
ensuring that each Authorized User uses their own account where individual accounts are provided;
protecting login credentials and authentication methods;
assigning appropriate roles and permissions;
ensuring that Authorized Users use the Service appropriately;
promptly disabling access for Authorized Users who no longer require it; and
activity carried out through its Authorized Users' accounts, except to the extent caused by South Dune's own failure to provide or secure the Service as required by these Terms.

Users must not share individual login credentials where separate accounts are provided.

You must notify South Dune promptly if you become aware of unauthorized access, compromised credentials, or a suspected security incident affecting the Service.

5. Plans, Fees and Payment¶

5.1 Plans¶

South Dune is offered through a Free plan and paid plans (currently Basic and Advanced). Plans differ in the number of active Members that may be managed, the number of Organizations an owner may create, and the features included.

The current Plans, their monthly prices, limits and included features are shown in the Service under Settings → Subscription → Change plan, and again at checkout before you pay. The Free plan has no subscription fee.

A Subscription is held by the owner of an Organization, and its limits apply across all Organizations that owner has created.

5.2 Fees and billing cycle¶

Paid Plans are billed monthly, in advance, in South African Rand (ZAR).
Your first payment is taken when you complete checkout. Your Subscription then renews automatically on the same day each month until you cancel it.
The amount you will be charged each month is shown at checkout before you confirm. The price charged to you when you subscribe stays the same for as long as your Subscription remains active, unless we change prices under section 5.7.
Unless stated otherwise at checkout, amounts are stated [inclusive of VAT]. Where we are required to charge VAT or any other tax, it is added or included as shown at checkout.

By completing checkout you authorise us, through our payment provider, to charge the stated amount now and on each monthly renewal until you cancel.

5.3 Payment processing¶

Subscription payments are processed by PayFast (a service of PayFast (Pty) Ltd), a South African payment gateway. When you subscribe, you are redirected to PayFast's secure payment page to enter your payment details.

South Dune never sees, receives or stores your card or bank details. PayFast holds them.
PayFast's own terms and privacy policy apply to your use of its payment page. You can read them at payfast.co.za.
We receive from PayFast only the information needed to manage your Subscription, such as payment status, amount and a subscription reference.

5.4 Failed payments¶

If a renewal payment fails, PayFast may retry the payment. While a payment is outstanding your Subscription is shown as Past due. If the payment is not resolved within a reasonable time, we may downgrade your Organization to the Free plan. Your data is not deleted when this happens, but Free plan limits will apply, and you may be unable to add new Members until you are within the limits of your Plan or resubscribe.

5.5 Changing Plans¶

Moving to the Free plan: you cancel your Subscription (see section 5.6). Your paid Plan stays active until the end of the period you have already paid for, then your Organization returns to the Free plan.
Moving between paid plans: you cancel your current Subscription and subscribe to the new Plan from Settings → Subscription → Change plan. Fees already paid for the current period are not credited towards the new Plan (see the Refund & Cancellation Policy).

You may only subscribe to a Plan if your number of active Members is within that Plan's limit.

5.6 Cancellation¶

You may cancel your Subscription at any time from Settings → Subscription → Cancel. When you cancel:

we cancel your recurring payment with PayFast, so no further charges are taken;
your paid Plan remains active until the end of the period you have already paid for; and
your Organization then returns to the Free plan and your data is retained, subject to the Free plan's limits.

Cancellation, refunds and cooling-off rights are described in full in the Refund & Cancellation Policy.

5.7 Changes to Plans and pricing¶

We may introduce new Plans, modify existing Plans, or change prices from time to time.

For an active paid Subscription, we will give you at least 30 days' written notice (by email to the account owner and/or in the Service) of any price increase or material reduction in features before it takes effect. If you do not accept the change, you may cancel before it takes effect and you will not be charged the new price. We may make shorter-notice changes only where required by law, by a change in third-party costs outside our reasonable control, or by an urgent security or operational requirement.

5.8 Launch offer¶

From time to time we may offer promotional pricing, such as the South Dune 2026 launch offer, under which a customer who subscribes to one Plan before a stated closing date receives the features of a higher Plan for the lower price. Promotional terms are shown at checkout. Unless the promotion states otherwise:

the promotion is available once per owner;
it continues only while your Subscription remains active; and
if you cancel, the promotional pricing and entitlements end and cannot be restored if you subscribe again.

5.9 Free plan¶

The Free plan is provided at no charge, within the limits shown in the Service. We may change the Free plan's features and limits from time to time in line with section 17. We will not delete your existing data merely because you exceed a Free plan limit, but you may be unable to add further Members until you are back within the limit.

6. Data Ownership and Processing¶

As between the Organization and South Dune, the Organization retains its rights in Organization Data, subject to the rights granted to South Dune under these Terms to provide and operate the Service.

The Organization remains responsible for determining the purposes and means of processing personal information relating to its Members, Account Holders, staff, and other individuals whose information it enters into the Service.

Where South Dune processes personal information on behalf of the Organization, South Dune acts as the Organization's Operator (data processor) and processes that information to provide, secure, maintain, support, and improve the Service in accordance with the Organization's lawful instructions and applicable law.

The parties may enter into a separate Data Processing Addendum where appropriate. Where a Data Processing Addendum applies, it forms part of the agreement between the Organization and South Dune for the relevant processing activities.

South Dune may process limited personal information relating to Organization owners, administrators, staff, and other users for purposes described in the South Dune Privacy Policy.

The Organization is responsible for ensuring that its use of the Service and its instructions to South Dune are lawful.

6.1 South Dune's use of aggregated and anonymized information¶

South Dune may create and use aggregated or anonymized information derived from use of the Service where the resulting information does not identify an Organization or individual.

We may use such information for purposes including:

operating and improving the Service;
understanding general usage patterns;
developing new features;
monitoring performance and reliability; and
producing statistical or analytical information.

We will not use aggregated or anonymized information in a way intended to identify an individual Member or Organization.

7. Privacy and Data Protection¶

South Dune's processing of personal information is also governed by the South Dune Privacy Policy.

The Organization remains responsible for its own privacy obligations relating to Organization Data and for providing appropriate privacy notices to the individuals whose information it processes.

Where personal information is processed on behalf of the Organization, South Dune will take reasonable technical and organizational measures designed to protect that information against unauthorized access, loss, misuse, alteration, or disclosure.

South Dune may use service providers and sub-processors to provide hosting, database, communications, payment processing, security, infrastructure, support, and other services necessary to operate the Platform.

Some service providers may process personal information outside South Africa. Where this occurs, South Dune will take reasonable steps to ensure that applicable requirements relating to cross-border processing are addressed.

8. Acceptable Use¶

You must not use the Service:

to violate any applicable law or regulation;
to store or process information that you are not lawfully entitled to collect or process;
to knowingly submit false, fraudulent, or misleading information;
to impersonate another person or organization;
to harass, threaten, abuse, or unlawfully discriminate against another person;
to attempt to gain unauthorized access to another Organization's data, account, or systems;
to bypass or interfere with authentication, access controls, tenant isolation, or other security features;
to introduce malware, malicious code, viruses, or other material intended to disrupt or compromise the Service;
to probe, scan, test, or attempt to circumvent the security of the Service without our authorization;
to interfere with the availability, integrity, or performance of the Service;
to use the Service to transmit unsolicited or unlawful communications; or
to use the Service in a manner that could reasonably be expected to damage, disable, overburden, or impair the Service or interfere with another customer's use of it.

You must not attempt to access or retrieve data belonging to another Organization.

We may suspend or restrict access where reasonably necessary to prevent abuse, protect the Service or its users, investigate a security incident, comply with law, or address a material breach of these Terms.

Where reasonably practicable, we will notify the affected Organization and work with it to restore access once the relevant issue has been addressed.

9. Availability and Support¶

We will use reasonable efforts to keep the Service available and operational.

The Service may occasionally be unavailable or degraded due to:

planned maintenance;
emergency maintenance;
upgrades or changes;
infrastructure or network failures;
security incidents;
failures of third-party providers;
circumstances beyond our reasonable control; or
other technical or operational requirements.

Support is available by email at support@southdune.com and is provided on a reasonable-efforts basis.

Unless an applicable subscription agreement or service-level agreement expressly provides otherwise, we do not guarantee a particular uptime percentage, response time, support level, or uninterrupted availability.

10. Organization Data, Backups, Export, and Termination¶

The Organization is responsible for maintaining appropriate records and backups of information it considers important to its business.

South Dune will use reasonable measures to protect data stored in the Service, but the Organization should not assume that the Service is its only copy of critical business information.

Where export functionality is available, the Organization may export Organization Data using the export mechanisms made available by South Dune.

10.1 Termination¶

By you: you may stop using the Service at any time. To avoid further charges on a paid Plan you must cancel your Subscription as described in section 5.6.
By us: we may suspend or terminate access where:
- the Organization materially breaches these Terms;
- the Organization uses the Service unlawfully or in a manner that creates a material security or operational risk;
- continued provision of the Service would violate applicable law;
- the Organization's use creates a material risk to other customers or the Service; or
- the Service is discontinued.

Where reasonably practicable, South Dune will provide notice of suspension or termination and an opportunity to address a breach before terminating access, except where immediate action is reasonably necessary for security, legal, or operational reasons.

If we discontinue the Service or terminate your paid Subscription other than for your breach, we will refund the unused portion of any fees you have prepaid, as described in the Refund & Cancellation Policy.

10.2 After termination¶

Following termination, South Dune may delete, anonymize, or otherwise dispose of Organization Data in accordance with its applicable retention practices.

We may retain information where reasonably necessary to comply with legal, accounting, tax, regulatory, fraud-prevention, dispute-resolution, security, or other lawful obligations.

Financial and transaction records may therefore be retained after an Organization's use of the Service ends where reasonably necessary for these purposes.

Where practicable and legally permitted, we will seek to delete or anonymize personal information that is no longer required for a lawful purpose.

11. Intellectual Property¶

South Dune and its licensors retain all rights, title, and interest in the Service, including its software, source code, interfaces, designs, documentation, processes, trademarks, branding, and underlying technology.

These Terms do not transfer ownership of the Service or South Dune's intellectual property to the Organization.

Subject to these Terms and any applicable Plan, South Dune grants the Organization a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the period in which the Organization is authorized to use it, solely for its internal business and operational purposes.

The Organization must not, except where expressly permitted by applicable law:

copy or reproduce the Service;
modify or create derivative works of the Service;
reverse engineer, decompile, disassemble, or attempt to discover the source code of the Service;
remove or alter proprietary notices;
distribute, resell, sublicense, lease, or make the Service available to third parties as a separate service; or
use South Dune's branding or trademarks without prior written permission.

The Organization retains ownership of its Organization Data.

Feedback, suggestions, or ideas provided to South Dune about the Service may be used by South Dune without restriction or compensation, provided that such use does not disclose the Organization's confidential information.

12. Confidentiality¶

Each party may receive confidential information belonging to the other party in connection with the Service.

Each party agrees to:

use the other party's confidential information only for purposes connected with the relationship;
protect it using reasonable measures; and
not disclose it to third parties except where disclosure is permitted by these Terms or required by law.

A party may disclose confidential information to its employees, contractors, professional advisers, service providers, or other representatives who need to know it and are subject to appropriate confidentiality obligations.

Confidential information does not include information that:

is or becomes publicly available through no breach of confidentiality;
was lawfully known to the receiving party before disclosure;
is independently developed without use of the other party's confidential information; or
is lawfully received from a third party without a confidentiality obligation.

If disclosure is required by law, the receiving party may make the required disclosure and, where legally permitted, will provide reasonable notice to the other party.

13. Disclaimers¶

To the maximum extent permitted by applicable law, South Dune does not warrant that:

the Service will always be available or uninterrupted;
the Service will be completely error-free;
every feature will remain available indefinitely;
the Service will meet every particular requirement of an Organization; or
information generated by the Service will be free from errors arising from incorrect, incomplete, or outdated information supplied by the Organization or its Authorized Users.

South Dune is a software provider. We do not provide legal, accounting, tax, medical, safety, financial, or professional advice through the Service.

The Organization is responsible for reviewing and verifying information generated by the Service before relying on it for its business, financial, legal, or operational decisions.

In particular, billing, ledger, attendance, and statement functionality is intended to assist the Organization's administrative processes. The Organization remains responsible for reviewing transactions, correcting errors, confirming payments, and ensuring that statements and financial records are appropriate for its purposes.

Nothing in these Terms excludes or limits any warranty, right, remedy, or liability that cannot lawfully be excluded or limited, including your rights under the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002 where they apply.

14. Limitation of Liability¶

To the maximum extent permitted by applicable law, South Dune and Pitonix Digital will not be liable for indirect, incidental, special, consequential, exemplary, or punitive loss or damage arising from or relating to the Service, including loss of profits, revenue, business opportunity, goodwill, or anticipated savings.

South Dune will also not be responsible for loss arising from:

the Organization's inaccurate, incomplete, unlawful, or unauthorized information;
the Organization's instructions to South Dune;
the Organization's failure to maintain appropriate access controls;
unauthorized actions by the Organization's Authorized Users;
the Organization's failure to review or verify billing, attendance, ledger, or statement information;
the Organization's failure to maintain appropriate independent records or backups;
third-party services outside South Dune's reasonable control; or
events outside South Dune's reasonable control.

Subject to applicable law, the total aggregate liability of South Dune and Pitonix Digital arising out of or relating to these Terms or the Service will not exceed the amount actually paid by the Organization to South Dune for the Service during the 12 months immediately preceding the event giving rise to the claim.

Where the Organization has used only the Free plan and has paid no fees, the maximum aggregate liability will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms limits or excludes liability that cannot lawfully be limited or excluded.

15. Indemnification¶

To the extent permitted by applicable law, the Organization agrees to indemnify and hold harmless South Dune and Pitonix Digital from claims, losses, liabilities, damages, costs, and reasonable expenses arising from:

the Organization's unlawful collection, use, disclosure, or other processing of personal information;
the Organization's failure to obtain consent, authorization, or another lawful basis required for its processing activities;
information submitted to the Service by or on behalf of the Organization in breach of these Terms or applicable law;
the Organization's breach of these Terms; or
the Organization's use of the Service in a manner not authorized by these Terms.

This indemnity does not apply to the extent that a claim results directly from South Dune's own breach of its obligations under these Terms or from South Dune's unlawful conduct.

The indemnified party will provide reasonable notice of a claim and reasonable cooperation in responding to it, subject to its right to protect its interests.

16. Changes to the Service¶

South Dune is a developing software platform. We may modify, update, enhance, replace, suspend, or discontinue features or functionality from time to time.

We may make changes without prior notice where reasonably necessary to:

address security vulnerabilities;
comply with law or regulatory requirements;
respond to technical or infrastructure requirements;
prevent abuse or protect users; or
address an urgent operational issue.

Where reasonably practicable, we will provide notice of material changes that significantly affect the way the Service operates.

We do not guarantee that a particular feature will remain available indefinitely. Features that are shown in the Service as "coming soon" are not yet available and are not part of your Plan until released.

17. Changes to these Terms¶

We may update these Terms from time to time.

When we make changes, we will publish the updated Terms with a new effective date and version number.

For material changes that significantly affect an Organization's rights or obligations, we will provide reasonable notice where practicable.

If an Organization continues to use the Service after the effective date of updated Terms, that continued use will constitute acceptance of the updated Terms to the extent permitted by applicable law.

If the Organization does not agree to a material change, it should stop using the Service and, where applicable, cancel its Subscription in accordance with section 5.6.

18. Governing Law and Jurisdiction¶

These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-law principles.

Subject to any mandatory dispute-resolution requirements imposed by applicable law or an applicable commercial agreement, the parties submit to the jurisdiction of the courts of the Republic of South Africa.

Nothing in this section prevents either party from seeking urgent or interim relief from a court of competent jurisdiction, or limits your right to approach the National Consumer Commission, a consumer court or another forum where the law gives you that right.

19. General¶

19.1 Entire agreement¶

These Terms, together with the Privacy Policy, Cookie Policy, Refund & Cancellation Policy, any Data Processing Addendum, and other documents expressly incorporated into these Terms, form the agreement between the Organization and South Dune concerning the Service.

Where there is a conflict between these Terms and a separately signed commercial agreement, the separately signed agreement will prevail to the extent of the conflict.

19.2 Severability¶

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

19.3 No waiver¶

A failure or delay by either party to enforce a provision of these Terms does not constitute a waiver of that provision.

19.4 Assignment¶

The Organization may not assign or transfer its rights or obligations under these Terms without South Dune's prior written consent, except where permitted by applicable law or as part of a lawful transfer of substantially all of the Organization's business or assets.

South Dune may assign or transfer its rights and obligations in connection with a merger, restructuring, sale of the business, or transfer of the Service, provided that the transfer does not materially reduce the protections applicable to Organization Data.

19.5 Force majeure¶

Neither party will be responsible for delay or failure to perform an obligation caused by circumstances beyond its reasonable control, including natural disasters, acts of government, war, civil unrest, major infrastructure failures, widespread internet or telecommunications failures, labour disputes, or failures of critical third-party services.

This does not excuse obligations that cannot reasonably be affected by the relevant event, including payment obligations that arose before the event.

19.6 No partnership¶

These Terms do not create a partnership, joint venture, agency, employment relationship, or franchise between South Dune and the Organization.

19.7 Notices¶

We may provide notices relating to the Service or these Terms through the Service, by email to an Organization administrator or the Subscription owner, or by publishing the notice on the South Dune website where appropriate.

The Organization is responsible for keeping its contact information current.

20. Contact¶

South Dune is a software platform developed and maintained by Pitonix Digital Pty Ltd · Registration No. 2025/545878/07, a company registered in South Africa (registration number [registration number]).

Registered address: [physical address]
Website: https://southdune.com/
Legal contact: support@southdune.com
Privacy contact: support@southdune.com
Billing and refund queries: support@southdune.com
Support: support@southdune.com